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HomeMy WebLinkAboutCC 2010-12-16 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 1 r V drCuRe 4RATtI ! L Meeting Minutes Thursday, December 16, 2010 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Francis Suarez, Commissioner District Four Richard P. Dunn 11, Commissioner District Five Carlos A. Migoya, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes December 16, 2010 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM -APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS 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 1/6/2011 City Commission Meeting Minutes December 16, 2010 8:30 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 10-01400 PRESENTATION Honoree Presenter Protocol Item The Miami Rowing Chairman Sarnoff Commendation Club Gold Medal Winners Sunny McLean Al Sales Mario Alonso Yunian Cabrerra Clemente Sanchez Carlos Menacho Fernando Mendoza Eddie Montalvo Yasser Vaszuez Tim Edsell (Coxswain) Volunteers- Commissioner Gort Certificates of Fruit Tree Giveaway Appreciation Nadine C. Patrice Sam Van Leer Bob Brennan Roger Horne Sworn Police (2 Winners, Partnered Officers): Brandon Lanier and Joaquin Perez, Police Officers City -Wide Civilian Winner: Nadia Arguelles-Goicoechea, Parks and Recreation City -Wide Civilian Runner -Up: Jorge Delgado, General Services Administration Emily Nell Lagerquist Lee Gottlieb Jim McMaster Glorida A. Antia Regina L. Nagger 10-01400 Protocol.pdf PRESENTED 1. Chair Sarnoff presented Commendations to gold medal winners of the Miami Rowing Club, honoring their outstanding showing in the 2010 FISA World Rowing Masters Regatta, and applauded their commitment to excellence, fair play, and team esprit de corps during the competition. 2. Commissioner Gort presented Certificates of Appreciation to participants in the City of Miami's 2010 Summer Fruit Tree Giveaway, paying tribute to their significant contribution in support of the City ofMiami's mission to increase environmental sustainability through an adequate tree canopy. 3. Commissioner Dunn presented a Proclamation to Bishop Herman E. Dean, honoring Bishop Dean's Centennial Birth Year, and paid tribute to Bishop Dean's powerful commitment to the City ofMiami Page 3 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 9:00 A.M. creation of a strong and purposeful community by serving as a courageous voice of the Church of God of Prophecy and the community. 4. Commissioner Dunn Saluted James Morris, paying tribute to his critical contributions as Winn Dixie Store Manager in District Five to Miami citizens in need, and acknowledged Mr. Morris' donations of groceries, invaluable supplies, and jobs for residents of District Five. 5. Commissioner Dunn presented a Proclamation to the Overtown Optimist Rattlers, celebrating their victory as National Champions during the 2010 Division I Pop Warner Midget National Championships in Orlando, Florida, and honored their competitive talents, commitment to excellence, and dedication to team esprit de corps which resulted in a memorable display of terrific championship football. 6. Mayor Regalado presented a Commendation to the Borinquen Health Care Center, paying tribute to the Center's dedication to providing outstanding affordable primary health care in the City ofMiami for over thirty-seven years, applauded the Center's commitment to the treatment of uninsured and indigent residents, and recognized their service to over 2,000 participants at the Fourth Annual Health Fair in which access to health screenings and food gift cards were offered. Chair Sarnofff. We'll now make the presentations and the proclamations. Presentations made INVOCATION AND PLEDGE OF ALLEGIANCE MAYORAL VETOES Present: Chairman Sarnoff, Vice Chairman Carollo, Commissioner Suarez, Commissioner Dunn II and Commissioner Gort On the 16th day of December 2010, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Sarnoff at 9:31 a.m., recessed at 11:21 a.m., reconvened at 12: 06 p.m., recessed at 12:14 p.m., reconvened at 2: 37 p.m., and adjourned at 5: 53 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Carlos A. Migoya, City Manager Priscilla A. Thompson, City Clerk Pamela L. Latimore, Assistant City Clerk Chair Sarnofff. (INAUDIBLE) in these historic chambers. The members of the City ofMiami Commission are Frank Carollo, the Vice Chair, Francis Suarez, W fredo Gort, Reverend Richard P. Dunn, and myself, Marc David Sarnoff, the Chairman. Also on the dais are Carlos A. Migoya, the City Manager; Julie O. Bru, the City Attorney; Priscilla A. Thompson, the City Clerk. The meeting will be opened with a prayer by Commissioner Dunn and the pledge of allegiance by Commissioner Suarez. Everybody please rise. Invocation and pledge of allegiance delivered. NO MAYORAL VETOES Chair Sarnofff. Madam Clerk, have there been any mayoral vetoes? Priscilla A. Thompson (City Clerk): There are none. City ofMiami Page 4 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Suarez, seconded by Commissioner Dunn II, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort Motion by Commissioner Suarez, seconded by Commissioner Dunn II, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort Motion by Commissioner Suarez, seconded by Commissioner Dunn II, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort Chair Sarnoff. And are there meetings of minutes that we need to approve? Priscilla A. Thompson (City Clerk): Yes, sir. On the agenda for approval, we have the Planning and Zoning minutes of October 28, the regular meeting minutes of November 18, and the Planning and Zoning meeting minutes of November 18. Chair Sarnoff. All right. Do we have a motion? We have a motion by Commissioner Suarez. Commissioner Dunn: Second. Chair Sarnoff. Is there a sec --? Second by Commissioner Dunn. Any discussion on the minutes, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff. All right. END OF APPROVING MINUTES ORDER OF THE DAY Chair Sarnoff. All right, we'll now begin the regular meeting. The City Attorney will state the procedures to be followed. Julie O. Bru (City Attorney): Good morning, Mr. Chair, members of the Commission, Mr. Mayor, Manager, members of the public. Welcome to the City Commission meeting. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. Also, if anybody requires auxiliary aids, please notify the City Clerk. 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. We ask that all the cell phones or other noise -making devices be turned off. Any person who makes offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. And we are also have a Planning & Zoning agenda today. That meeting will begin at such time as the Chairman indicates and as it has been publically advertised to be after 10 o'clock in the morning. And the Chairman will also indicate when we will be taking a lunch recess. Chair Sarnoff. All right. [Later..] Chair Sarnoff. All right, gentlemen, I'm going to try and get a lunch break at about 12 o'clock. City ofMiami Page 5 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 We're going to break for about two hours, to give you an idea how the day's going to run. I see a lot of people sitting there, a lot of P&Z (Planning & Zoning) people. [Later...] Chair Sarnoff. Having just spoken about the lunch break and try to give you some ordering, a lot of you P&Z (Planning & Zoning) people may not need to be here for quite a while, probably closer to 3 o'clock. So I don't want you sitting through what you don't want to sit through. You're more than welcome, of course, to be here, but I don't want to kid you that you're going to get to hear much before 3 o'clock. Is -- with that said, is there any item, whether it's on P&Z or whether it's on this agenda, that any of the Commissioners or this Administration wishes to remove from the agenda? Mr. Manager, is there anything you wish to remove, change, modify from this agenda? Carlos A. Migoya (City Manager): No, sir, there isn't. Chair Sarnoff. Okay. So with that said -- Miguel Diaz de la Portilla: Mr. Chairman. Chair Sarnoff. You're recognized, sir. Mr. Diaz de La Portilla: When are you planning to take up deferrals? We have a request for deferral on the item. Chair Sarnoff. I don't -- can I take -- Madam Clerk, can I take up a deferral for a P&Z item during the regular agenda? Priscilla A. Thompson (City Clerk): No. Actually, because on this one, today we have two separate agendas. If you want to handle that deferral, you would have to actually recess this meeting, open up P&Z, handle that deferral, recess that meeting, and come back to this meeting. Chair Sarnoff. Let me ask you. Is your issue going to be a very long issue for a deferral? 'Cause I will recess. I don't want you sitting here for no reason. Mr. Diaz de la Portilla: I don't anti -- it won't take long on our behalf. I believe that the opposing side may have objection to it, so there -- Chair Sarnoff. Okay, so it's not -- Mr. Diaz de la Portilla: -- will be some back and forth. Chair Sarnoff. -- by consent. In other words, both parties will not -- Mr. Diaz de la Portilla: It will not be by consent. Ms. Thompson: Chair, I'm sorry. Do you realize you're having the discussion right now on that part of the meeting that's not open? Chair Sarnoff. I'm merely deciding whether I'm going to recess the meeting to determine whether -- I won't -- this will not be on the record. How does this Commission wish to proceed? I'm -- my instinct is to recess and let them -- and -- so they don't sit here all day. Commissioner Gort: Do it. City ofMiami Page 6 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Chair Sarnoff It's your issue. I want -- I don't want to -- Vice Chair Carollo: Well, since not all parties are consenting, I would like to hear from both parties, especially when the direction from this Commission was to negotiate. So I'd like to see, you know, what did they come back with and so forth, so -- Chair Sarnoff And my only point is do you want me to recess, get it up now so we can deal with it versus letting them sit there till we open up the P&Z item? Vice Chair Carollo: I yield to my colleagues with that. Commissioner Dunn: Mr. Chair. Chair Sarnoff Yeah. Commissioner Dunn: I have no objection. I just need to state a withdrawal for the record and a continuance. Chair Sarnoff Let's not -- Commissioner Dunn: You'll hold that? Chair Sarnoff -- get to that. Commissioner Dunn: Okay. Chair Sarnoff Yeah. Commissioner Dunn: All right. Chair Sarnoff All right, let's do this, gentlemen, since I still am the Chair. I'm going to recess this meeting and we're going to open up the P&Z 'cause I don't want people sitting here all day for no reason. So, Madam Clerk, I'm going to call a recess. You're going to need to reset? Ms. Thompson: Yes, I am. Chair Sarnoff Okay. Ms. Thompson: And Chair, if I might ask for your indulgence. When we go on the record for this P&Z meeting, will you please kindly restate everything you said before? Chair Sarnoff Yes, ma'am, I will. Ms. Thompson: I appreciate that. [Later..] Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Okay. Pocket item. Vice Chair Carollo: Not quite. Chair Sarnoff Your first. City ofMiami Page 7 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Vice Chair Carollo: Not quite, but you'll hear it. Chair Sarnoff. All right. Vice Chair Carollo: Before starting the PZ (Planning & Zoning) items, can we start the CRA (Community Redevelopment Agency) meeting? If you remember, I had a pocket item in the last CRA meeting. Chair Sarnoff. I was going to recommend that actually 'cause I don't think the CRA is going to take that long. Vice Chair Carollo: And you -- exactly. Andl see, you know, the executive director ofBayfront Park Management Trust here. He's been here since 3 p.m., andl would like to see if we could finally get that pocket item. Chair Sarnoff. He gets paid by the hour so he's -- Vice Chair Carollo: Well -- Chair Sarnoff. Just kidding. Madam Clerk, I guess we can motion to adjourn. Ms. Thompson: Motion to adjourn. Chair Sarnoff. Is there --? Vice Chair Carollo: So move. Chair Sarnoff. Motion by the Vice Chair, second -- Commissioner Gort: Second. Chair Sarnoff. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff. Five minutes to wrap up, Madam Clerk? Ms. Thompson: That's fine for me and we'll be -- Chair Sarnoff. Gentlemen, five does not mean ten; ten does not mean fifteen; five means five. Ms. Thompson: So -- I'm sorry. Chair, we're going into the CRA? Chair Sarnoff. CRA, and then we -- Ms. Thompson: Okay, thank you. Chair Sarnoff. -- have a recessed PZ. We have a recessed -- Ms. Thompson: Correct. Chair Sarnoff. -- Planning and Zoning meeting. Right. City ofMiami Page 8 Printed on 1/6/2011 CA.2 10-01250 Department of Police City Commission Meeting Minutes December 16, 2010 CA.1 09-01365 Department of Capital Improvements Program CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A RELOCATION AGREEMENT WITH FLORIDA POWER AND LIGHT COMPANY (" FPL"), IN SUBSTANTIALLY THE ATTACHED FORM, IN AN AMOUNT NOT TO EXCEED $74,179, FOR THE US-1 ROADWAY IMPROVEMENTS AND WALL REPLACEMENT PHASE II PROJECT, B-30542A ("PROJECT"). 09-01365 Summary Form.pdf 09-01365 Legislation.pdf 09-01365 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort R-10-0543 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT REIMBURSEMENT GRANTAWARD FOR THE TERM BEGINNING OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2011 IN THE AMOUNT OF NOT TO EXCEED TWENTY-SIX THOUSAND FIVE HUNDRED AND THIRTY SEVEN DOLLARS ($26,537) FROM MIAMI-DADE COUNTY'S OFFICE OF GRANTS COORDINATION ADMINISTERING THE STATE OF FLORIDA FUNDING FOR THE FEDERAL EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (THE "GRANT") FOR THE CITY OF MIAMI'S ("CITY") SCHOOL RESOURCE OFFICER PROJECT (THE "PROJECT"); ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "SCHOOL RESOURCE OFFICER PROJECT FISCAL YEAR 2010-2011" AND APPROPRIATING THE GRANT FUNDS, IN THE AMOUNT OF NOT TO EXCEED TWENTY-SIX THOUSAND FIVE HUNDRED AND THIRTY SEVEN DOLLARS ($26,537) FOR THE CITY'S DEPARTMENT OF POLICE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY, THE RELATED GRANT DOCUMENTS, AND ALL OTHER NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF AND COMPLIANCE WITH SAID GRANT FOR SAID PURPOSES; FURTHER AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO NEGOTIATE AND TO EXECUTE ANY EXTENSIONS TO SAID GRANT FOR SIMILAR PERIODS FOR THE SAME AMOUNT AND SAME TERMS AND CONDITIONS. 10-01250 Summary Form.pdf 10-01250 Legislation.pdf 10-01250 Exhibit 1.pdf City ofMiami Page 9 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort CA.3 10-01251 Department of Police R-10-0553 Chair Sarnoff All right, CA.2, the Vice Chair is recognized for the record. Vice Chair Carollo: Thank you, Mr. Chairman. This was a question that I asked yesterday. I'm not sure -- I know there were some few e-mails (electronic) that were sent, but I'm not exactly sure ifI received the answer. Well, I know I don't have the answer. I don't know if it was sent by e-mail or so forth, but I have never received the answer. Can we go over what schools? Major Steven Caceres: Major Steven Caceres, City ofMiami Police Department. Yes, we did send an e-mail, Commissioner. 171 get you the list for the schools. We do have a list. It's Miami Senior High, Central High, Jackson Senior High, Edison Senior High, Booker T. Washington, Lincoln Marti Charter, Allapattah Middle School, Citrus Grove Middle School, Jose de Diego Middle School, Kinloch Park Middle School, Edison Middle School, Shenandoah Middle School, and all the elementary schools are part of the safety program for this grant. Vice Chair Carollo: Thank you, Major. That answers my question, Mr. Chairman. Chair Sarnoff All right. Is there a motion on CA.2? Vice Chair Carollo: So move. Commissioner Gort: 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. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "RECORDS IMPROVEMENT PROJECT" AND APPROPRIATING FUNDS, CONSISTING OF A GRANT FROM THE MIAMI-DADE OFFICE OF GRANTS COORDINATION, IN THE AMOUNT OF $26,538; FOR THE DEPARTMENT OF POLICE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY, THE RELATED GRANT DOCUMENTS, AND ALL OTHER NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT FOR SAID PURPOSES; FURTHER AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY TO NEGOTIATE AND TO EXECUTE ANY EXTENSIONS TO SAID GRANT FOR SIMILAR PERIODS FOR THE SAME AMOUNT AND SAME TERMS AND CONDITIONS. City ofMiami Page 10 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 10-01251 Summary Form.pdf 10-01251 Legislation.pdf 10-01251 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort R-10-0544 CA.4 RESOLUTION 10-01252 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Fire -Rescue RECEIVED JUNE 22, 2010, PURSUANT TO INVITATION FOR BID NO. 210227, FROM FISHER SCIENTIFIC CO., LLC, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, ON A GROUP BY GROUP BASIS, FOR GROUP 1 AND FOR GROUP 2, FOR THE PROCUREMENT OF RADIATION DETECTION EQUIPMENT AND ACCESSORIES, FOR THE DEPARTMENT OF FIRE -RESCUE, IN THE TOTAL AMOUNT OF $258,582.87; ALLOCATING FUNDS FROM THE URBAN AREAS SECURITY INITIATIVES (UASI) ACCOUNT CODE PATEO: 18-180004, 01.01, 1323, EQUIP: 181000. 10-01252 Summary Form.pdf 10-01252Award Recommendation Form.pdf 10-01252 Tabulation of Bids.pdf 10-01252 Letter to Canberra Industries.pdf 10-01252 Invitation for Bids.pdf 10-01252 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort R-10-0545 CA.5 RESOLUTION 10-01328 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $163,840.50, FOR A ONE-YEAR PERIOD, TO THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE, COUNTY COURT OVERTIME REDUCTION STANDBY PROGRAM; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT NO. 00001.191501.534000.0000.00000. 10-01328 Summary Form.pdf 10-01328 Invoice County Court Standby Program.pdf 10-01328 Legislation. 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) Sarnoff, Carollo, Suarez, Dunn II and Gort City ofMiami Page 11 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 R-10-0554 Chair Sarnoff CA.5. Vice Chair is recognized for the record. Vice Chair Carollo: Thank you, Mr. Chairman. And this is something that I also asked yesterday, and my question is with regards to the percentages of what we're paying in the court cases. It just seems to me that this sounds wrong when we're paying more than the County. We're -- you know, out of the total amount, we're paying almost 38 percent -- Major Steven Caceres (Miami Police): Sure. Vice Chair Carollo: --from all the municipalities. And if you could elaborate on this a little bit more, Major, and -- Major Caceres: Sure. Vice Chair Carollo: -- why are we paying so much? Because realistically, it sounds wrong to me. Major Caceres: Correct. And we inquired after you observed that we were paying a little bit higher than Miami -Dade, and the information we got was that Miami -Dade uses the courthouse at 1351, where the program is in place, but they also use other courthouses where the program is not in place. So based on the percentage that Miami has, we have all our cases at the courthouse, at 1351, and the County has a smaller percentage than us 'cause they use other courthouses, which we don't; we only use the one at 1351. This is where the program originates from. And that's why you see the percentage. And we do make a lot of arrests. We're a very active police department, and that's why the percentage. But they base it on the court cases that we have at the Miami -Dade courthouse. Vice Chair Carollo: Okay, that seems reasonable. Okay, I don't have any further questions. Chair Sarnoff Is there a -- Commissioner Gort: Discussion. Chair Sarnoff -- motion on CA.5? Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sarnoff I'm sorry. Commissioner Gort, did you want to be recognized? Commissioner Gort: Question -- yes. I think it would be good if you put on the record that the reason -- how much we save -- ifyou have the numbers with you. I don't know if you do -- by utilizing -- Major. Caceres: Sure. Commissioner Gort: -- this system. Major Caceres: I was provided that we reduced the cost of overtime by 37 percent since '97 when this originally -- the information we have in '97, we were paying $2, 077,958; in '09/'010 [sic], we paid $1, 313, 320. And you also need to take in consideration it's a 37 percent reduction, but as you know, back in '97 the salaries were not as comparable as the one in City ofMiami Page 12 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 '09/'010 [sic], and we still have a savings. So even though the salary's a little bit higher because from '97/'09, of course the salaries had increased, we still had a savings, so -- Commissioner Gort: Thank you. Major Caceres: Okay. Commissioner Suarez: Mr. Chairman. Chair Sarnoff Commissioner Suarez is recognized for the record. Commissioner Suarez: Thank you, Mr. Chairman. I think it's also important to know that it's based on the volume, the number in terms of volume. The percentage is based on the volume. In other words -- 'cause that was obviously my first question. Why would we be paying more? But our volume is at 34,496 in terms of total cases, in comparison with the County's at that same location, 33,071. So the percentage that we pay corresponds to the volume that we use it, essentially. Major Caceres: That's correct. Chair Sarnoff All right. So we have a motion. We have a second. Any further discussion, gentlemen? Hearing no further discussion, all in favor, please say "aye." The Commission (Collectively): Aye. CA.6 RESOLUTION 10-01329 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Fire -Rescue RECEIVED AUGUST 9, 2010, PURSUANT TO INVITATION FOR BIDS NO. 226241 FROM ORACLE ELEVATOR COMPANY FOR THE FIRE TRAINING CENTER ELEVATOR MODERNIZATION, FOR THE DEPARTMENT OF FIRE -RESCUE IN AN AMOUNT NOT TO EXCEED $185,820; ALLOCATING FUNDS FROM THE DEPARTMENT OF FIRE- RESCUE ACCOUNT CODE NO. P-40-B72802 T-02 A-1105 E-CONSTRUCTION 0-181000. 10-01329 Summary Form.pdf 10-01329Award Recommendation Form.pdf 10-01329 Tabulation of Bids.pdf 10-01329Addendum No.1.pdf 10-01329 Invitation for Bids.pdf 10-01329 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort R-10-0546 CA.7 RESOLUTION 10-01330 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Building RECEIVED NOVEMBER 3, 2010, PURSUANT TO INVITATION FOR BIDS NO. 248237, FROM MCO ENVIRONMENTAL, INC., FOR ASBESTOS ABATEMENT SERVICES CITYWIDE, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) City ofMiami Page 13 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 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 DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 10-01330 Summary Form.pdf 10-01330 Tabulation of Bids.pdf 10-01330Addendum No.1.pdf 10-01330 Award Sheet. pdf 10-01330 Invitation For Bids.pdf 10-01330 Legislation. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort R-10-0547 CA.8 RESOLUTION 10-01331 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED AUGUST 23, 2010, PURSUANT TO INVITATION FOR BIDS NO. 235227, FROM SOUTHERN COMFORT SOLUTIONS, INC., FOR AIR CONDITIONING MAINTENANCE AND REPAIR SERVICES AT VARIOUS POLICE FACILITIES, 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 FROM THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 10-01331 Summary Form.pdf 10-01331 Award Recommendation Form.pdf 10-01331 Tabulation of Bids.pdf 10-01331 Addendum No.1.pdf 10-01331 Invitation For Bids. pdf 10-01331 Legislation. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort R-10-0548 CA.9 RESOLUTION 10-01333 Department of Risk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 244233, THAT CONNECTICUT GENERAL LIFE INSURANCE COMPANY ("CIGNA") BE AWARDED THE CONTRACT FOR THE PROVISION OF MEDICAL STOP LOSS INSURANCE SERVICES, FOR THE DEPARTMENT OF RISK MANAGEMENT; AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO NEGOTIATE A City ofMiami Page 14 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH CIGNA, FORA PERIOD OF ONE (1) YEAR, WITH OPTIONS TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL; SAID PSA SHALL BE BROUGHT TO THE CITY COMMISSION FOR REVIEW AND APPROVAL PRIOR TO FINAL EXECUTION BY THE CITY MANAGER. 10-01333 Summary Form.pdf 10-01333 Recommendation of Evaluation.pdf 10-01333 Legislation.pdf 10-01333 Exhibit SUB.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort R-10-0555 Chair Sarnoff CA.9. The Vice Chair is recognized for the record. Vice Chair Carollo: Thank you, Mr. Chairman. The reason why I pulled this is to have a little bit more dialogue, andl know we discussed this yesterday, as far as Cigna and our health insurance. It seems to me that in the private sector, we might be getting better deals than we're getting here in the City ofMiami. For instance, my firm, the firm that am employed with, it seems like their health insurance is better than ours. I haven't gone detail by detail, but I'm seeing -- we're a 300, 400 person firm, and this is, you know -- if you remove the Police Department, let's say roughly 3,000 employees, and it seems to me that our health insurance -- andl know there's a lot of concern out there by the employees -- isn't as good as possibly it could be. And I'm just seeing that we're giving another contract to Cigna. And I'm just wondering if we're leveraging these contracts correctly. Gary Reshefsky: Commissioner, Gary Reshefsky, Risk Management director. I believe we are leveraging our relationships with our carriers the best we can. As I mentioned to you the other day -- and I'm happy to review what your private firmss insurance looks like compared to ours. I'm fairly confident that we still have a very rich benefit plan for our employees and our retirees, and we'll continue to make enhancements to it the best we can. And I've worked on large professional firms benefits accounts before, and I'm familiar with what's going on out in the market place. It's a very difficult time to be a private employer providing health insurance. It is often in professional firms that they'll provide pretty rich benefits to CPAs (Certified Public Accountants) and attorneys and whatnot and bear that cost. But I'm happy to look at what you have and do a comparison for you. Vice Chair Carollo: Andl actually -- I welcome that. It's whatl want. However, now I'm faced with voting for this today. And under your recommendation, I guess I would vote yes. Another thing we mentioned that this was a one-year contract, but it clearly says here for a period of two years. Mr. Reshefsky: Yeah. Commissioner -- and that was actually a very good comment that you made when we met about the actual policy is for one year. Andl would like to, with your discretion, read into the record a modification to the resolution to make it a one-year contract with four one-year options -- Vice Chair Carollo: And the four -- City ofMiami Page 15 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Mr. Reshefsky: -- at the City's option. Vice Chair Carollo: -- one-year options come back to the City Commission, correct? Mr. Reshefsky: We can do that, absolutely, sir. Vice Chair Carollo: Okay. Yes. Mr. Reshefsky: Should read that into the --? Vice Chair Carollo: Please. Yeah. No? Chair Sarnoff As modified or --? Julie O. Bru (City Attorney): You've stated it now and it's as modified Mr. Reshefsky: Okay. Thank you. Chair Sarnoff All right. Commissioner Suarez: Mr. Chairman, ifI may just ask him one question. Chair Sarnoff Commissioner Suarez is recognized. Commissioner Suarez: We had spoken -- I'm not sure if it was on this one or on the other one -- on workmen's comp, that there's a 60-day cancelation provision. Does that also apply in the Cigna policy? Mr. Reshefsky: This would apply in the Cigna policy in terms of our relationship with Cigna. We will have in our PSA (Professional Services Agreement) the ability to cancel it within 60 days. What this actually provides our -- an ability for Cigna to give us an insurance policy that would be a 12-month policy. We wouldn't want to cancel that policy. It's for our excess insurance. Commissioner Suarez: Okay. Chair Sarnoff Any further discussion, gentlemen? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): No. I'm sorry. I don't have a mover and a seconder. Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sarnoff Motion by the Vice Chair, second by Commissioner Suarez. All in favor, please say "aye." The Commission (Collectively): Aye. Ms. Thompson: As modified. Chair Sarnoff As modified. CA.10 RESOLUTION City ofMiami Page 16 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 10-01364 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED FUNDING OF PROTRACTED/COMPLEX INVESTIGATIONS, IN AN AMOUNT NOT TO EXCEED $200,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NO. 1169, PROJECT NO. 19-690001 AND ACCOUNT CODE 12500.191602.535000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 10-01364 Summary Form.pdf 10-01364 Affidavit. pdf 10-01364 Legislation. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort R-10-0549 CA. 11 RESOLUTION 10-01356 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF OFFICE AND EDUCATIONAL CONSUMABLES (ROUTINE OFFICE SUPPLY PURCHASES, ET AL. TONER, PAPER, CLEANING SUPPLIES), FROM VARIOUS VENDORS, UTILIZING STATE OF FLORIDA CONTRACT NO. 618-000-11-1, ON A CITYWIDE, AS NEEDED CONTRACTUAL BASIS, EFFECTIVE THROUGH OCTOBER 17, 2013, WITH OPTIONS TO RENEW FOR THREE (3) YEARS, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS THERETO MADE BY THE STATE OF FLORIDA; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 10-01356 Summary Form.pdf 10-01356 Certification of Contract. pdf 10-01356 Legislation. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort R-10-0550 CA.12 RESOLUTION 10-01377 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Works RECEIVED NOVEMBER 3, 2010, PURSUANT TO INVITATION FOR BID NO. 236248, FROM MWI CORP. D/B/A MOVING WATER INDUSTRIES, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROCUREMENT OF A PUMP MOTOR CLUTCH AND DIFFUSER FOR THE DEPARTMENT OF PUBLIC WORKS TO REPAIR A PUMP AT PUMP STATION City ofMiami Page 17 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 #1; ALLOCATING FUNDS FROM ACCOUNT CODE 00001.208000.534000.0000.0000. 10-01377 Summary Form.pdf 10-01377Award Recommendation Form.pdf 10-01377 Tabulation of Bids.pdf 10-01377 Detail by Entity Name.pdf 10-01377 Invitation For Bids.pdf 10-01377 Legislation. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort R-10-0551 CA.13 RESOLUTION 10-01395 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A REIMBURSEMENT GRANT FOR THE TERM BEGINNING NOVEMBER 1, 2010 THROUGH OCTOBER 31, 2011 IN THE AMOUNT OF NOT TO EXCEED EIGHT HUNDRED AND NINETY-NINE THOUSAND, TWO HUNDRED AND SIXTY-NINE DOLLARS AND SEVENTY-EIGHT CENTS ($899,269.78) ("SCHOOL YEAR 2010-2011 GRANT") FROM THE CHI LDREN'S TRUST (THE "TRUST") AND TO PROVIDE A CITY OF MIAMI ("CITY") IN -KIND MATCH OF NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000) FOR THE SERVICE PARTNERSHIPS PROGRAM TO THE CITY FOR THE CONTINUATION AND EXPANSION OF THE CITY'S TRUANCY REDUCTION SERVICE PARTNERSHIP PROGRAM DURING THE 2010-2011 SCHOOL YEAR (THE "PROGRAM"); AUTHORIZING CREATION OF, ACCEPTANCE OF THE SCHOOL YEAR 2010-2011 GRANT FUNDING INTO, AND APPROPRIATION FROM A NEW SPECIAL REVENUE FUND ENTITLED: "THE CHILDREN'S TRUST SERVICE PARTNERSHIP GRANT SCHOOL YEAR 2010-2011," TO FUND THE PROGRAM BY APPROPRIATING FUNDS, IN THE AMOUNT OF NOT TO EXCEED EIGHT HUNDRED AND NINETY-NINE THOUSAND, TWO HUNDRED AND SIXTY-NINE DOLLARS AND SEVENTY-EIGHT CENTS ($899,269.78) FROM THE SCHOOL YEAR 2010-2011 GRANT AND APPROPRIATING THE CITY'S IN -KIND MATCH IN AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY, A FISCAL YEAR 2010-2011 CONTRACT WITH THE TRUST (THE "TRUST CONTRACT), FOR SAID PURPOSES, AND TO NEGOTIATE AND TO EXECUTE ALL OTHER NECESSARY DOCUMENTS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE SCHOOL YEAR 2010-2011 GRANT AWARD FOR SAID PURPOSES; ADDITIONALLY, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY, ANY RELATED PROFESSIONAL SERVICES AGREEMENTS WITH NOT -FOR -PROFIT SERVICE PROVIDERS AND INTERLOCAL AGREEMENTS WITH MIAMI-DADE COUNTY PUBLIC SCHOOLS AND WITH THE 11TH JUDICIAL CIRCUIT COURT, ALL IN COMPLIANCE WITH THE City ofMiami Page 18 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 TRUST CONTRACT, FORA PERIOD COMMENCING NOVEMBER 1, 2010 THROUGH OCTOBER 31, 2011, AS NECESSARY UNDER THE SCHOOL YEAR 2010-2011 GRANT; ADDITIONALLY AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY TO NEGOTIATE AND TO EXECUTE ANY EXTENSIONS TO THE TRUST CONTRACT, THE PROFESSIONAL SERVICES AGREEMENTS, AND THE INTERLOCALAGREEMENTS FOR A SIMILAR SCHOOL YEAR PERIOD FOR THE SAME AMOUNTS AND THE SAME TERMS AND CONDITIONS. 10-01395 Summary Form.pdf 10-01395 Letter from Trust.pdf 10-01395 Legislation. pdf 10-01395 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort R-10-0552 Adopted the Consent Agenda Motion by Commissioner Dunn II, seconded by Commissioner Gort, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort END OF CONSENT AGENDA Chair Sarnoff Want to welcome everybody back from the lunch break. Looks like we could take up the consent agenda. Are there any Commissioners that want to remove any of the items from the consent agenda? Commissioner Dunn: Yes, sir. Chair Sarnoff Commissioner Dunn, you're recognized for the record. Commissioner Dunn: For the record -- thank you, Mr. Chairman. Priscilla A. Thompson (City Clerk): Excuse me. Commissioner, is your mike on? Commissioner Dunn: It's on now. Ms. Thompson: Thank you. Commissioner Dunn: Thank you. You observe everything, don't you? Commissioner Gort: She got to keep us in line. Commissioner Dunn: FR.1. Chair Sarnoff Sorry? Commissioner Dunn: I'm sorry. Chair Sarnoff CA.1, did you say? City ofMiami Page 19 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Commissioner Dunn: Oh, you said consent agenda. Chair Sarnoff Consent agenda. Commissioner Dunn: Oh, I'm sorry. Go ahead. Chair Sarnoff Are there any Commissioners that want to remove anything -from the consent agenda? Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized for the record, the Vice Chair. Vice Chair Carollo: Yes. I'd like to pull CA.2 -- Chair Sarnoff CA.2. Vice Chair Carollo: -- CA.5 -- Chair Sarnoff CA.5. Vice Chair Carollo: -- CA.9 and I'll leave it at that. Chair Sarnoff All right. Is there any other Commissioners that want to remove any of the items from the consent agenda? Is there a motion to remove --? Commissioner Dunn: So move. Chair Sarnoff There's a motion to -- Commissioner Gort: Second. Chair Sarnoff -- motion and a second to approve the rest of the consent agenda, excluding CA.2, 5, and 9. All right, is there --? We have a motion. We have a second. All in favor, please say "aye." The Commission (Collectively): Aye. PERSONAL APPEARANCE PA.1 DISCUSSION ITEM 10-01354 Civilian Investigative THE CIVILIAN INVESTIGATIVE PANEL (CIP) CHAIR AND MEMBERS Panel WILL BE PROVIDING AN UPDATE TO THE CITY COMMISSION ON THE CIP'S RECRUITMENT EFFORTS FOR NEW MEMBERS, CHALLENGES AFFECTING ITS PROGRESS AND REQUEST THEIR ASSISTANCE IN RECRUITING NEW MEMBERS. 10-01354 Civilian Investigative Panel (CIP) Recruitment Update.pdf DISCUSSED (PA.1) RESOLUTION City ofMiami Page 20 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 10-01354a A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL FORATERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Horacio Stuart Aguirre Civilian Investigative Panel Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort R-10-0574 Chair Sarnoff All right. Let's go now to PA.1, is it? Commissioner Gort: PA.1, yes. Janet McAliley: Mr. Chairman -- Chair Sarnoff You're recognized. Ms. McAliley: -- and members of the Commission. I'm Janet McAliley. I'm a member of the Civilian Investigative Panel. And with me is Carol Abia, our chief investigator and also functioning executive director, and our independent legal counsel, Charles Mays. We're here to report to you about our efforts to comply with the revised ordinance governing the CIP (Civilian Investigative Panel). It was revised, as you remember, in June. And we have been trying to get a nominating committee, which is specified in the revised ordinance that will allow us to go through the process and provide the names of individuals who have applied and who we have screened and selected to offer to you to serve on the CIP. We have been unable to get members from Districts 1 and 3 for the nominating committee. We have individuals from those two districts who have applied, who we have screened and would love to present to you for membership in the CIP, but we have been unable to get individuals to fill the Districts 1 and 3 positions on the nominating committee, even though we have complied with the ordinance by advertising in local media that is representative of the various language groups and ethnicities in the City. We have gone to the NET (Neighborhood Enhancement Team) offices, and we have also gone to your staffs asking for help with finding individuals from those two districts to complete the nominating committee that is required under the revised ordinance. We have some excellent individuals, we believe are excellent, who would -- who have applied and we've advertised and screened for and would love to present to you, but we have not been able to put them through the nominating committee process that was required by the revised ordinance. Carol Abia: On a point of clarification, the applicants from District 1 and 3 applied for the panel membership. Those applicants were reviewed prior to the change in the ordinance. Those applicants were reviewed by both our nominating committee and the panel and approved. What we're suggesting is that we proffer those names for membership on the panel. That way, it will have persons from all five districts on our panel, and we can move forward with reviewing the applications that we have thus far received from our recruitment process. Commissioner Gort: Mr. Chairman. City ofMiami Page 21 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Chair Sarnoff. You're recognized. Commissioner Gort: My understanding is -- and this ordinance -- andl thinkl asked the question a couple of times when we were doing this. I don't recall that we were going to have a nominating committee. My understanding was that the process is that we were going to send individuals to them and they're the one that would be taken care of. Now the person I send in, it was nominated way before the ordinance, so he should have been in front of us a long time ago, soI don't understand. Does the ordinance require that we have a nominating committee? Maria J. Chiaro (Deputy City Attorney): The ordinance requires that the Civilian Investigative Panel have a nominating committee made up of people from all five districts. It doesn't need to be -- if they can't find members of the Civilian Investigative Panel from a particular district, they can have members of the public be on the nominating committee. Commissioner Gort: That seems to be where the question is. It's the -- Ms. Chiaro: That's exactly -- Commissioner Gort: My understanding is they're waiting for us to name people to the nominating committee. My understanding was they had the options to do their own nominating committee. Charles Mays: May I respond, sir? Commissioner Gort: Yes. Mr. Mays: I'm Charles Mays, independent counsel for the Civilian Investigative Panel. And as the speaker prior to me apologized for the quality of her voice, I apologize for the quality of mine because of a cold. No, we are not necessarily seeking -- and the ordinance, as revised, does not require the Commission to appoint members to the nominating committee. The advice of the deputy City Attorney is eminently correct from the standpoint that in the event that we do not have members from the five districts, then, of course, we can go out to the community and get people. Therein lies the problem however because consistent with the mandate of the ordinance, the CIP has been very diligent from the standpoint of communicating with the various districts, including doing so in different languages and different mediums seeking members to come forward for the nominating committee, and it's those two particular districts that were previously mentioned that of course we fall short on. In that regard, we do indeed have two excellent candidates, one of course was referred by yourself, Commissioner Gort, that is -- Commissioner Gort: Right. Mr. Mays: -- reviewed -- interviewed and was indeed approved by the nominating committee and also the panel itself. But the problem is that, and the conundrum, if you will, it appears to be a catch-22. That is to say, we cannot proceed forward with submitting names for nomination to this eminent body until such time as we indeed have a nominating Commission [sic] that is reflective of the new mandate set forth in the ordinance. Perhaps one way of resolving that would be with respect to the two nominees, including the one that was referred by yourself, sir, if we could perhaps proceed even from the standpoint of appointing them to the body, then that of course would solve the issue with respect to the composition of the nominating committee and then, indeed, we can come forward with respect to the other names, et cetera. Commissioner Gort: I don't have any problem with that because this person, I think he was interviewed about six months ago. City ofMiami Page 22 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Mr. Mays: Yes. Commissioner Gort: And he can be on the board already. I mean, it could have been brought to us, andl was waiting ready for him. Andl don't know if he's still interested. He's been waiting for a while. I get a call from him every once in a while, when is any action going to be -- take place. Mr. Mays: Yes. He was nominated -- in fact, the CIP voted to approve Mr. Horacio Aguirre and Mr. Ulysses Arias in June of 2010. The ordinance was amended about a couple weeks later, June 24, 2010, thereby requiring the nominating committee that supposed to be reconstituted and more reflective of the ethnicity and diversity and other issues that of course was the primary concern of the Commission that was the cause, if you will, of the ordinance revisions. Commissioner Gort: Right. When I made my nominations -- and that should have been grandfather in because it was before the ordinance came in. He could have been brought to here and be approved. I don't have any problem in moving -- making a motion to approve this. Commissioner Dunn: Mr. Chairman, before you -- Chair Sarnoff You're recognized. Commissioner Dunn: Okay. I just wanted to get a point of clarification as it relates to District 5. Have we fulfilled all of our -- from our district in terms of people being nominated for that particular --? Is it one --? I was -- go ahead. I'm sorry. Mr. Mays: We have some, but we want more, to be quite candid with you. In fact, I had a conversation this morning with my good friend, Mr. Castaneda, who reminded me of -- that his office, through Commissioner Gort, had referred some names. I said, well, we want some more. And so we say the same thing with respect to District 5. Commissioner Dunn: Well, with that being said, there are many civic organizations in District 5 that have kind of been at the forefront of the CIP's origin and even participated, I believe, in the original nominating committee. And one name that I would like to proffer for consideration, an organization such as PULSE (People United to Lead the Struggle for Equality). They could perhaps -- I believe they were a part of that original, if the records would reflect that. I'm sure that they could perhaps do a little process where they could proffer a name to the CIP and we go from there, andl would like that to be under consideration. And I'm willing to support my colleague's motion with that in consideration. Mr. Mays: Thank you. But also, just for purpose of supplementation, we do have various names from District 5. And also a point of reference, historically speaking, Bess McElroy, who is a panel member, at one point in time was heavily involved with PULSE. Commissioner Dunn: Was president. Mr. Mays: Was also -- yes -- one of the main motivators and movers, if you will -- Commissioner Dunn: Absolutely. Mr. Mays: -- in the creation of the CIP -- Commissioner Dunn: Absolutely. Mr. Mays: -- and she presently sits on the panel -- City ofMiami Page 23 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Commissioner Dunn: Okay. Mr. Mays: -- as the --from District 2, and is doing an excellent job. Commissioner Dunn: From District 2? Okay. But yeah -- well -- Mr. Mays: We don't quibble over that. Commissioner Dunn: I don't -- I know, I know. I just -- but more specifically -- I know we want to cover -- but more specifically in this case, I would like to see someone in terms of from District 5. I understand that she was the president of the PULSE, which primarily serves District 5, more or less, but I know she does live, in fact, on -- I ain't going to tell where she lives, but I know where she lives -- in District 2. Mr. Mays: Thank you. Chair Sarnoff. All right. Anyone else? Commissioners. What action item do you want us to take? Mr. Mays: Well, we enjoy, wholeheartedly, Commissioner Gort's idea of in fact moving ahead with respect to the two nominees, but we also -- and the reason that we came here today was to advise you what we were doing, where we are, and also to once again solicit your support from the standpoint of not trying to appoint members to our nominating committee; that, we obviously know, you can't do, but instead to put the word out to submit the names of people that you think would be interested in working on the nominating committee. And also -- Chair Sarnoff. Mr. May [sic] Mr. Mays: -- in the panel -- Chair Sarnoff. -- we've been at this, as far as I'm concerned, for three years. Mr. Mays: Yes. Chair Sarnoff. And l just feel like I'm watching a great big -- ever watched those great big trucks that go inside like a stadium and they just keep spinning the tires? It's just another spin for me. I mean, I don't know -- forgive me. And it's not that I'm bored. I don't even know what we're doing anymore andl really don't know what -- That's why I'm saying, what action item do you want this board to take. Ms. Chiaro: Mr. Chair, ifI may. I looked at the amendments. I listened to the discussion today. There's nothing in the present code as it is a structure that would preclude members of the nominating committee from nominating themselves. So if they have the names, we can place it on the next agenda. If they have people who they already want, we can structure it so that it complies with the ordinance and that it -- the City Commission can make the nominations from the names of the nominating committee on your next agenda. Chair Sarnoff. Madam City Attorney, I've been sitting on this dais continuously, probably -- other than Commissioner Gort -- longer than anyone, but through this process, and didn't vote for the change in this ordinance. This ordinance did nothing to change a thing, and that's all that it has confirmed with me, is that you can pass any law you want; doesn't mean it's going to be effective. So all want to know, as we take up precious time, what do you want? Ms. Chiaro: I think -- I'm seeing some nodding heads. I think that that comports with what the Civilian Investigative Panel would want also -- City ofMiami Page 24 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Commissioner Gort: Mr. Chairman. Ms. Chiaro: -- so we will -- Chair Sarnoff. You're recognized, Commissioner Gort. Commissioner Gort: Let me ask a question. Can you function as a board as you are right now? Because you have board members and you do have quorum. Right -- Mr. Mays: We are functioning, but we are functioning with taxing greatly panel members. And the reason I say that is because presently, we -- there are only ten of us on the board; should be thirteen. Commissioner Gort: Right. Mr. Mays: That means that the complaint committee, the policies, the procedures committee, then other committees, et cetera, they find themself [sic] doing and assuming the task -- Commissioner Gort: What's the total membership of the board? Ms. McAliley: Thirteen. Commissioner Gort: Thirteen. Mr. Mays: Thirteen under the -- Commissioner Gort: Right. Mr. Mays: -- ordinance at -- Commissioner Gort: How many are presently on the board? Mr. Mays: We have ten. Commissioner Gort: You have ten. If we pass today, so you have the 12. If we move -- I made a motion to approve the one that has been screened for a while now and -- Mr. Mays: May I suggest something, sir? Perhaps the better route would be for us to come back next month and then to send you the nominations itself so that you can act on them in a more formalized manner. Commissioner Dunn: Let me see ifI can -- Chair Sarnoff Yes, sir. Commissioner Dunn: Point well taken. But I think what my colleagues are saying, we want to empower you to move forward. So you keep coming back, you kind of wasting time. And with ten out of thirteen, with the possible addition of two, that will give you more than a quorum, correct? Mr. Mays: Indeed. Commissioner Dunn: Okay. So go ahead and let's follow the lead of my colleague and in that way, when you come back, you can just report the one or additional three. But you could at least City ofMiami Page 25 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 be moving forward so that this organization or this agency can move forward. Mr. Mays: Thank you. Chair Sarnoff Vice Chair is recognized. Vice Chair Carollo: Thank you, Mr. Chairman. Ms. McAliley: Mr. Chair, I would -- I know we've been coming back here for a long time, and I'm one of them who's been coming back here and sitting for hours waiting to take action. We have submitted names in the past repeatedly for nomination or approval for the CIP, but they have been postponed and postponed and postponed because of potential revision of the ordinance by Commissioner Spence -Jones. That went on for about two years. It is very frustrating to try to be a good and involved citizen on this matter and repeatedly having to come down here and deal with this issue. If you're frustrated with it, Commissioner Sarnoff, just imagine how we are. Chair Sarnoff I simply -- and I apologize, Vice Chair -- but I simply -- I'm a blank slate; write whatever you want. I didn't agree with the change in this ordinance. I don't agree the direction you're heading, but let's get off square one. Let's do something. I mean, you want to pass something. Tell me what you want to pass. You want some people to go on the board, if it's within the guise of appropriate screening and all that, fine. But I got to tell you, you've been sitting there for three years, and for three years you've sat there frustrated. I don't support the change in this ordinance. It's there. It's the law. It is what it is. But I hate to see you guys continuously sit here and wait and wait. What do you need? What do you want? Ms. Abia: Commissioner, CarolAbia. Chair Sarnoff We'll facilitate. Ms. Abia: The two names you're asking for approval are Horacio Stuart Aguirre and Rolando L. Aedo. Chair Sarnoff All right, before we take that up, the Vice Chair wants to speak. Vice Chair Carollo: Yes. And the one constant that I see here is that frustration and confusion, andl don't want to say that I'm glad to see that I'm not the only one that's a little confused here, but I do see that I'm not the only one who's confused here. Question, are any of those two nomination [sic] going to be District 3's nominations? Ms. Abia: Mr. Rolando Aedo is from District 3. Vice Chair Carollo: See, and l feel that before I nominate or appoint someone, especially that's going to represent District 3, I need to, at the very least, meet with that person, or at least have a phone conversation with him. So not to mention that would like to have all this confusion that have sorted out so I know exactly what we're doing and what are the rules of procedures and so forth. So if possible, I don't have a problem with Mr. Horacio Aguirre, but whoever is going to be the representative of District 3, I don't think right now it'll be prudent on my part to go ahead and vote for that person. Chair Sarnoff So let's come off square one. Why don't we do this? Why don't you make a motion, Commissioner Gort, for Horacio Aguirre, and then why don't you bring back -- why don't you meet with Commissioner Carollo and make sure that he knows the telephone number and address of this person, and then we're looking for one more person. Fair enough? City ofMiami Page 26 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 9:00 A.M. Commissioner Gort: Yes. I have the motion to be acceptance of Horacio Aguirre as a member of the board. Chair Sarnofff. All right. We have a motion -- Vice Chair Carollo: Second. Commissioner Dunn: So move. Chair Sarnofff. -- by Commissioner Gort, second by the Vice Chair. Any further discussion, gentlemen? Hearing no further -- Commissioner Gort: None. Chair Sarnofff. -- discussion, all in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnofff. Okay. Thank you all very much. Ms. McAliley: Thank you. Mr. Mays: Thank you so much for your time and your consideration. Chair Sarnofff. Okay. END OF PERSONAL APPEARANCE PUBLIC HEARINGS A sign language interpreter translated discussion of items PH.1 - PH.4. PH.1 RESOLUTION 10-01334 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Development AMENDMENT FOUR TO THE FISCAL YEAR 2005 COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") DISASTER RELIEF INITIATIVE CONTRACT BETWEEN MIAMI- DADE COUNTY AND THE CITY OF MIAMI, IN SUBSTANTIALLY THE ATTACHED FORM, AUTHORIZING THE EXTENSION OF THE CONTRACT FROM JUNE 30, 2010 TO JUNE 30, 2011, FOR THE PURPOSE OF PROVIDING CDBG FUNDS, IN THE AMOUNT OF $2,000,000, FOR THE REHABILITATION OF MULTI -FAMILY PROPERTIES THAT SUFFERED HURRICANE DAMAGE UNDER THE MILITARY CONSTRUCTION APPROPRIATIONS AND EMERGENCY HURRICANE SUPPLEMENTAL APPROPRIATIONS ACT, A/K/A DISASTER RECOVERY PROGRAM, FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR SAID PURPOSE. City ofMiami Page 27 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 10-01334 Summary Form.pdf 10-01334 Extension of FY 2005 CDBG DRI Contract.pdf 10-01334 Amendment One to FY 2005 CDBG .pdf 10-01334 Amendment One to FY 2005 CDBG DRI Contract .pdf 10-01334 Pre Legislation 1.pdf 10-01334 Amendment Two to FY 2005 CDBG DRI Contract.pdf 10-01334 Pre Legislation 2.pdf 10-01334 Amendment Three to FY 2005 CDBG DRI Contract.pdf 10-01334 FY 2005 CDBG.pdf 10-01334 Pre Legislation 3.pdf 10-01334 Legislation. pdf 10-01334 Exhibit 1.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) Sarnoff, Carollo, Suarez, Dunn II and Gort R-10-0537 Chair Sarnoff Back in recess [sic] from the previous P&Z (Planning & Zoning) item. What I'd like to do, Mr. Manager, Administration -- andl don't see many people over there, so I'm going to talk to a blank chair, unless Mr. Min would like to sit in it real quick -- I'd like to take the public hearings so that -- 'cause we have our interpreter here. So I'm going to take PH.1 up. PH.1, Mr. Administration. Vice Chair Carollo: Mr. Mensah. Chair Sarnoff You're recognized for the record. George Mensah (Director, Community Development): PH.1 is an item authorizing the City Manager to extend the disaster relief program for -- from June 30, 2010 to June 30, 2011, and that's it. Chair Sarnoff All right. It's a public hearing on PH.1. Is there anyone from the general public wishing to be heard on PH.1? Hearing none, seeing none, coming back to the Commission. Is there a motion? Vice Chair Carollo: So move. Commissioner Suarez: Second. Commissioner Dunn: Second. Chair Sarnoff Motion by the Vice Chair, second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. PH.2 RESOLUTION 10-01337 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Development PURCHASE AND SALE AGREEMENTS FOR THE SALE OF FIFTEEN (15) PROPERTIES UNDER THE NEIGHBORHOOD STABILIZATION PROGRAM City ofMiami Page 28 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 AND THE NEIGHBORHOOD INITIATIVE PROGRAM, LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO CONSUMMATE SUCH TRANSACTIONS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENTS, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTERESTS OF THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,TO EFFECTUATE THE SALE OF THE PROPERTIES. 10-01337 Summary Form.pdf 10-01337 Pre Ordinance No. 12374.pdf 10-01337 Legislation.pdf 10-01337 Exhibit 1.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort R-10-0538 Chair Sarnoff PH.2. George Mensah (Director, Community Development): PH.2 is authorizing -- a resolution authorizing the City Manager to execute purchase and sale agreements for the sale of 15 properties under the NSP (Neighborhood Stabilization Program) program. Chair Sarnoff All right. PH.2 is a public hearing. It's now being opened. Is there anyone from the general public wishing to be heard on PH.2? Hearing none, seeing none, coming back to the Commission. Is there a motion? Commissioner Dunn: Move it. Commissioner Suarez: Second. Chair Sarnoff Motion by Commissioner Dunn, second by Commissioner Suarez. Any discussion for the record, gentlemen? Hearing no discussion, all in favor, please say "aye. The Commission (Collectively): Aye. PH.3 RESOLUTION 10-01350 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Development MEMORANDUM OF UNDERSTANDING WITH MIAMI-DADE COUNTY FOR THE DEMOLITION OF ELIZABETH VIRRICK II, A COUNTY OWNED PUBLIC HOUSING DEVELOPMENT LOCATED AT 2820 AND 2828 NORTHWEST 23RD AVENUE, MIAMI, FLORIDA ('PROPERTY") WITH NEIGHBORHOOD STABILIZATION PROGRAM ("NSP") FUNDS; AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City ofMiami Page 29 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 10-01350 Summary Form.pdf 10-01350 Miami -Dade Memorandum.pdf 10-01350 Miami -Dade Proposed Resolution.pdf 10-01350 Legislation.pdf 10-01350 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) Sarnoff, Carollo, Suarez, Dunn II and Gort R-10-0539 Chair Sarnoff PH.3. George Mensah (Director, Community Development): PH.3 is a resolution authorizing the City Manager to enter an MOU (Memorandum of Understanding) with Miami -Dade County for the demolition of the project located at 2820 Northwest 23rdAvenue. Chair Sarnoff All right, PH.3. PH.3 is a public hearing. Anyone from the general public wishing to be heard on PH.3? Hearing none, seeing none, the public hearing is now closed. Is there a motion? Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sarnoff Motion by the Vice Chair, second by Commissioner Suarez. Any -- Commissioner Gort: Finally, yes. Thank you. Chair Sarnoff -- discussion on the record, other than Commissioner Gort's editorialization [sicg? All right, hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. PH.4 RESOLUTION 10-01351 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community CITY MANAGER TO ACCEPT, PURSUANT TO A SPECIAL WARRANTY Development DEED , THE DONATION OF THE PARCEL OF LAND LOCATED AT 1492 NORTHWEST 62ND STREET, MIAMI, FLORIDA, FOLIO NO. 01-3114-035-1690, FROM CARRFOUR SUPPORTIVE HOUSING, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 10-01351 Summary Form.pdf 10-01351 Pre Legislation.pdf 10-01351 Legislation.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) Sarnoff, Carollo, Suarez, Dunn II and Gort City ofMiami Page 30 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 R-1 0-0540 Chair Sarnoff PH.4. George Mensah (Director, Community Development): PH.4 is authorizing the City Manager to accept, pursuant to special warranty deed, the donation of the parcel of land located at 1492 Northwest 62nd Street from Carrfour Supportive Housing; and authorizing the City Manager to execute necessary documents. Chair Sarnoff All right. PH.4 is a public hearing. Anyone from the general public wishing to be heard on PH.4, please step up. Hearing none, seeing none, coming back -- Commissioner Dunn: So move. Chair Sarnoff Coming up. Wait, wait, wait. PH.4. Unidentified Speaker: PZ.4? Chair Sarnoff PH (Public Hearing) -- Mr. Mensah: PH.4. Chair Sarnoff -- 4. Unidentified Speaker: I'm sorry. Chair Sarnoff Public hearing 4. Hearing none, seeing none, the public hearing is now closed, coming back to the Commission. Is there a motion? Commissioner Dunn: So move. Chair Sarnoff Motion by -- Commissioner Suarez: Second. Commissioner Dunn: Second. Chair Sarnoff -- by Commissioner Dunn -- Commissioner Suarez: Second for discussion. Chair Sarnoff -- second by the Vice Chair. Any discussion, gentlemen? Commissioner Suarez is recognized for the record. Commissioner Suarez: Just quickly on this one because this one was contentious when we voted on it, and l just want the public to see that the promise that was made was fulfilled. And it was very frustrating for me at that particular moment when there was an argument that was being made that there was a loss of park space, which, in fact, wasn't the case. In fact, you could argue that this was an increase in park space because that little sliver that was designated park was part of an empty lot and, you know, so -- you know, I think it's important -- people are very quick and easy to criticize decisions that we make, but I wonder how many people are going to send us e-mails (electronic) now thanking us for making sure that we followed through on this promise and brought the parkland, you know, back a parkland and, you know, made it contiguous with our current park. I wonder how many e-mails in support we're going to get. What do you think, Vice Chair? City ofMiami Page 31 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Vice Chair Carollo: I actually remember when it was just the three of us here. Commissioner Suarez: That's right. Chair Sarnoff It was lonely, wasn't it? Commissioner Suarez: It was fast. Chair Sarnoff All right. Any further discussion? Commissioner Dunn: I just want to -- Mr. Chairman, I just want to ditto what both Commissioner Suarez and Vice Chairman Carollo stated. It is actually a overall win -win if -- the way see it. Chair Sarnoff All right. Gentlemen, hearing no further discussion, all in favor, please say "aye. The Commission (Collectively): Aye. PH.5 ORDINANCE First Reading 10-01339 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 54/ARTICLE IV/SECTIONS 54-125, 54-126 AND 54-127 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/NAMING OF STREETS AND NUMBERING OF BUILDINGS/NAMES OF STREETS/NAMES OF TERRACES/NAMES OF LANES," BY CHANGING THE NAMES OF ROADWAYS IN THE AREA BOUNDED BY SOUTHWEST 28TH STREET, SOUTH DIXIE HIGHWAY, SOUTHWEST 22ND AVENUE, AND SOUTHWEST 26TH AVENUE, MIAMI, FLORIDA; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS ORDINANCE TO THE HEREIN DESIGNATED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-01339 FR/SR Summary Form.pdf 10-01339 FR/SR Request to Publish Notice of Public Hearing.pdf 10-01339 FR/SR Notice of Public Hearing.pdf 10-01339 FR/SR Street Names Coconut Grove Map.pdf 10-01339 FR/SR Location Map.pdf 10-01339 FR/SR Legislation.pdf Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort Chair Sarnoff PH. 6 -- 5, excuse me. Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. PH.5 is an ordinance amending Chapter 54/Article IV of the City Code to rename certain roadways in the North Grove neighborhood bounded by -- in an area from Southwest 28 Street, South Dixie Highway, Southwest 22ndAvenue, and Southwest 26th Avenue. The fiscal impact is about $11, 600, which comprises of the start-up costs for making the street signs that will be done by City ofMiami Page 32 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Miami -Dade County Public Works. This item has been heard by the Bond Oversight Board, and the City Clerk's Office conducted a mail -in straw vote, and there was an overwhelming majority in favor of this. Any questions? Chair Sarnoff Let me open up a public hearing. Is there anyone wishing to be heard on PH.5? Hearing none, seeing none, coming back to the Commission. The public hearing is now closed. Is there a motion? Commissioner Gort: Move it. Commissioner Suarez: Second. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): It's an ordinance, a first reading ordinance. Chair Sarnoff Oh, I'm sorry. You're right. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. PH.6 RESOLUTION 10-01341 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "LSP NW 19 TERRACE", 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. 10-01341 Summary Form.pdf 10-01341 Legal Description.pdf 10-01341 Notice of Public Hearing.pdf 10-01341 Legislation.pdf 10-01341 Exhibit 1.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) Sarnoff, Carollo, Suarez, Dunn II and Gort City ofMiami Page 33 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 R-10-0541 Chair Sarnoff PH.6. Nzeribe Ihekwaba: PH (Public Hearing) -- Zerry Ihekwaba, Public Works director. PH.6 is a resolution of the City Commission to accept the final plat of the Life Science Project of University ofMiami, located at Northwest 19 Terrace, and authorizing the City Manager to execute the related document for its recordation and to record same in the public records of Miami -Dade County. Chair Sarnoff All right. PH.6, is there anyone from the general public wishing to be heard on PH.6? Public hearing is now open and now closed; coming back to the Commission. Is there a motion? Commissioner Gort: Move it. Commissioner Suarez: Second. Vice Chair Carollo: Second. Commissioner Dunn: Second. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner -- by the Vice Chair. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye. The Commission (Collectively): Aye. PH.7 RESOLUTION 10-01376 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND Works PERMITTING THE RESTRICTION OF VEHICULAR AND PEDESTRIAN ACCESS TO THE ALLEYS LOCATED IN THE AREA BOUNDED BY NORTHEAST 1ST AVENUE, NORTHEAST 1ST COURT, NORTHEAST 12TH STREET AND NORTHEAST 13TH STREET, MIAMI, FLORIDA, SUBJECT TO CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH HEREIN. 10-01376 Summary Form.pdf 10-01376 Notice of Public Hearing.pdf 10-01376 Location Map.pdf 10-01376 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) Sarnoff, Carollo, Suarez, Dunn II and Gort R-10-0542 Chair Sarnoff PH.7. Nzeribe Ihekwaba (Director, Public Works): PH.7 is a resolution authorizing and permitting the restriction of vehicular and pedestrian access to the public alleys located in the area bounded by Northeast 1st Avenue, Northeast 1st Court, Northeast 12th Street, and Northeast 13th Street. This is a restriction required for the use of a property as an interim parking lot. Chair Sarnoff All right. Is there anyone from the general public wishing to be heard on PH.7? City ofMiami Page 34 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 SR.1 10-01199 Department of Capital Improvements Program Public hearing is now open, public hearing is now closed; coming back to this Commission. Is there a motion, gentlemen? Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sarnoff Motion by the Vice -- Commissioner Dunn: Second. Chair Sarnoff -- Chair, second by Commissioner Dunn. Any further discussion? All in favor then, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff We are in recess until 2 o'clock. Mr. Ihekwaba: Thank you. Vice Chair Carollo: Thank you. END OF PUBLIC HEARINGS ORDINANCES - SECOND READING ORDINANCE Second 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 Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort 13236 Chair Sarnoff All right, looks like we are now on SR. -- Commissioner Gort: 1. Chair Sarnoff -- 1. Thank you. Anybody from the Administration, SR.1? Alice Bravo: Good afternoon. Alice Bravo, Capital Improvements director. SR.1 is the second reading for the modification to the City code to make it compatible with the state legislation that enables the red-light camera program. The City had adopted a code reference prior to the state City ofMiami Page 35 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 legislation being enacted. Chair Sarnoft All right. Is there anyone from the general public wishing to be heard on SR.1 ? Hearing none, seeing none, the public hearing is now closed; coming back to the Commission. Is there a motion? Vice Chair Carollo: I'll make a motion for discussion. Commissioner Dunn: Second. Chair Sarnoff Motion by the Vice Chair, second by Commissioner Dunn. The Vice Chair is recognized for the record. Vice Chair Carollo: Thankyou, Mr. Chairman. Question. We spoke about this a little bit yesterday and I'm not clear on the answer, and especially since we have the City Attorney here, I would like to ask. What happens if we don't pass this ordinance? Julie O. Bru (City Attorney): I'll let Mr. Wysong, who advises the police on these matters, handle the question. Vice Chair Carollo: Thankyou. George Wysong: George Wysong, assistant City Attorney, City ofMiami. When the ordinance was initially drafted, it was intended to be a code enforcement scheme in order to enforce the red-light cameras, just like all these other jurisdictions had enacted. We began the procurement process, but the Legislature beat us to the punch. So now the legislation -- the Florida Legislature adopted a statutory scheme by which these red-light cameras will be authorized. So essentially, we're cleaning up our code. We have the old code enforcement style mechanism to enforce these red-light camera violations, which has now been superseded by the State legislation, so it's really essentially a clean-up. And we're cleaning up the code so that we will then be able to properly follow the Florida statute. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Vice Chair Carollo: However, if we don't properly clean up our code, in essence establish it as the state -- I don't know if it's the correct terminology is -- mandate or state law, then, in essence, we cannot proceed with the red-light cameras, correct? Mr. Wysong: Actually, if we had not enacted the code enforcement provisions and we wanted to enforce the state statute, I don't think there's anything we would have needed to do. It's just that we had already had the ordinance on our books with the code enforcement method. So, no, the statute, the Mark Wandall Traffic Safety Act, does not require an adoption of an ordinance or a resolution in order to utilize the provisions of the Chapter 316.083. It's a self -effecting state statute. And the contract that we ultimately adopted refers to the provisions of the state statute, not to the code provisions. So it truly is a clean-up. Vice Chair Carollo: So in essence, if we had nothing in our books with regards to this red-light camera, we can still enforce this state statute is what you're telling me. Mr. Wysong: Correct. Vice Chair Carollo: And prior City Commission agreed to the enforcement of this -- well, not this state statute, but they agreed to the red-light cameras, correct? City ofMiami Page 36 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Mr. Wysong: Well, the way the -- the way it sort of progressed is first, we adopted the ordinance, and that was the Commission's intent to undertake this whole program, and then companion to that was the procurement of the red-light camera. So we've been in front of the Commission numerous times bringing forward this red-light camera system, and so the Commission has authorized it on numerous occasions. Now, of course, you could always de -authorize it at any time. Just 'cause the statute says we can utilize the red-light cameras doesn't mean we have to. Some jurisdictions aren't doing it. We're proceeding based on the history that we've established with this program, the direction to move forward, and that's why we're moving forward. Vice Chair Carollo: The reason why I'm asking this is because I'm not necessarily a proponent of the red-light cameras, andl know you said it's been approved on numerous occasions. It hasn't been approved since I've been here. The only thing that was approved was the procurement of it or actually, not the procurement; the actual vendor 'cause the procurement was out there already. Mr. Wysong: Right. Vice Chair Carollo: So I have not agreed to a red-light cameras since it was going to happen and it was part of our budget, you know, the revenue is going to come in, so yeah, you can say I approved the budget that included red-light cameras and, you know, we could either debate whether the revenue aspect of it is high or low or so forth, but I just want to make sure that by approving this, I am not then approving as what you said. It's been approved by the Commission many, many times, and I'm giving a green light that yes, I'm a proponent of red-light cameras. And that's my issue. Commissioner Gort: Mr. Chairman. Chair Sarnoff Commissioner Gort's recognized. Commissioner Gort: My understanding -- you're correct, Vice Chairman. I think it was approved about two or three years ago by the previous Commissioners that were here. At the same time, my understanding is when we discussed the procurement process, we requested -- a lot of the problems that they had in the past is people being fined making a right turn, people being fined making a left turn, people being fined coming to a -- to the -- where the yellow line right on the line and they're being fined. My understanding is in discussing with staff and talking to staff and in discussion right here in the Commission, we talked about that this is computerized. My understanding is this can be computerized so those -- the mistakes that have been made by other municipalities is not made by the City ofMiami. At the same time, the City ofMiami -- my understanding was that the police are the one that will look at that records [sic]. The police will be the one that will enforce the tickets. And also, it was a commitment that Commissioner Suarez made and l follow it also. Our office will be -- not only our personal office, but the NET (Neighborhood Enhancement Team) offices will be there to be able to help those residents that have any complaint on this type of functions. At the same time, the one thing we need to understand that there's a problem the City ofMiami had. The growth of this County is a burden on the City ofMiami 'cause right now a lot of the problems that we have, when you look at the -- our streets, many of the problems that we have because the sewer lines are leaking and the sewer lines has been extended to provide service to the suburbs of the County and a lot of the penalties that we have is because of the growth. We paying for it, the residents and the citizens of the City ofMiami. We provide -- we have 500 -- close to 500,000 residents within the City ofMiami, but we at any one time, any one day, we provide service to more than a million persons; that they don't pay for those services. So this is something to look at. My understanding is a lot of the municipalities where they have established this, accidents have been reduced. And one of the things I requested is once we -- we can have a trial period that we're going to be looking at it. I want reports of what happens. People don't have to pay it. All you have to do is don't take the City ofMiami Page 37 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 red light. And already paid one ticket. Well, I didn't pay it. I received the ticket because the car was in my name. When I looked at it, it happens to be -- you know, you can go in the Web site and you can see the film. My car took the red right, but it wasn't my car. It was my daughter's car. So I make sure she pay for it so she won't take it again. Thank you. Chair Sarnoff All right. Anyone else? Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. I just want to clarify that if the State Legislature repeals this law, then, in effect, it comes off our books as well. I mean, this is a preemption issue. Mr. Wysong: Right. Commissioner Suarez: Their law preempts ours and that's why you're saying it's a clean-up issue. But by contrast, if they repeal the law, then also it essentially comes off our books and we're not able to enforce that law. Mr. Wysong: Yeah. Andl don't know if you're thinking about perhaps having a back-up, but the -- Judge Gerald Bagley ruled the code enforcement version of the law unconstitutional. Commissioner Suarez: In Aventura. Mr. Wysong: And that's where you heard the Aventura case, et cetera. Commissioner Suarez: Right. Mr. Wysong: So even if, say, the Legislature were to repeal the Mark Wandall Safety Act, then it seems that red-light cameras would -- there'd still be an argument I guess we could represent and try and reenact the code enforcement scheme at that time, but we don't know how that's going to turn out in the courts because that decision's on appeal. So essentially, you're correct. If the Legislature were to repeal, we would have to stop utilizing red-light cameras. Chair Sarnoff Mr. Manager, that brings up a good question. Under our procurement when we did business with ATC [sic], in the event that it is found to be unconstitutional or is repealed, what is the result of that with regard to our obligations to them and their obligations to us? Carlos A. Migoya (City Manager): I believe it's ATS (American Traffic Solutions). Chair Sarnoff Sony. ATS. Mr. Wysong: Yes, American Traffic Solutions. Mr. Migoya: Yeah. I just want to -- just correct it to -- Chair Sarnoff I know there was two ATs somethings [sic]. Mr. Migoya: But if it's repealed in any way, we have no liability. I mean, the liability based on the fees as they continue to use it. But if it's not being used at any month -- given time, we stop getting revenues, but we have no liabilities from a fee standpoint to them as well. Chair Sarnoff And how much did we put into the budget for revenue, six million or eight million? Mr. Migoya: It was $8 million. It's $833, 000 a month, starting in January. City ofMiami Page 38 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Chair Sarnoft Okay. All right, any further discussion, gentlemen? All right, Madam City Attorney, it is an ordinance. Ms. Bru: This is on second reading. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. SR.2 ORDINANCE Second Reading 10-01249 City Manager's Office 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 10-01249 Legislation Version 4 SR.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort Chair Sarnoff All right, SR. 2. Vanessa Acosta: Vanessa Acosta, assistant director of Building and Zoning. These changes -- after the last meeting, the Commission requested that we go back and speak with the mural industry with regards to the ordinance as it stood and the changes that were being proposed. We went on to host a workshop where we all got together, spoke about the changes, and the changes were finalized as of Friday. I was able to present you all by Tuesday with a clean version of where we'd arrived after our discussions, which was the substitution item that your offices received. From first reading to second reading, the main changes that occurred were the government exemption was removed. We deleted it. It will no longer be a part of our ordinance. City ofMiami Page 39 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 We clarified our procedures for qualifications and the lottery; established procedures for payment and for the punitive measures for late payment. We clarified a couple of definitions that needed a little bit more information; added responsibility for actual building owners, not just the mural industry. Those who own property will now be responsible for maintaining their sidewalks, their buildings, and all of that. Recertification requirements were included, also establishing dates and procedures for recertification upon five years. Every five years they will be required to come back and then recertify under the original qualification requirements for qualified applicants. And a stricter enforcement of our code provisions was also included as a part of the ordinance. Chair Sarnoff What does that mean, stricter enforcement of our code provisions? Ms. Acosta: We actually included language that requires enforcement of sanitation issues, of sidewalk maintenance, of building maintenance, in addition to the 40-year recertification requirements and other code requirements. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Vice Chair Carollo: Thank you. When I mentioned earlier that there was going to be an item thatl was going to want to defer, this is the item. The information was not given to me within the five-day rule. I understand that you just finalized it Friday or so forth. I don't know when you all actually met and did the workshop and so forth. But the bottom line is I don't feel comfortable. I haven't studied this to the degree that I would like to. And actually, I just received the supplemental yesterday. So I don't want to have to invoke the five-day rule, but I would ask my colleagues if we could defer this item? Chair Sarnoff All right. Commissioner Dunn: Mr. Chair. Chair Sarnoff Yes, sir. Commissioner Dunn: I will agree to defer it, but I am definitely in favor of supporting this item. I just had one question -- Ms. Acosta: Yes, sir. Commissioner Dunn: -- regarding this item. Are we developing rules that will govern the use of these murals for public service announcements? Ms. Acosta: Public service announcements are included to some extent with this ordinance, but they're also included under temporary use and special events; and there are rules being drafted currently within Chapter 62 to create more stringent language on the requirements of public service announcements. That'll come as a separate item under another agenda. Chair Sarnoff Commissioner Dunn, also you might want to consider with the -- I think what you're thinking in terms of -- and I'm just taking a guess -- is when we do the billboards and you have, for instance, an amber alert or something along those lines, or even a public service announcement, that seems to be the most opportune time to get a message across in -- when you go from a stagnant billboard to a digital billboard. And murals, the opportunities are pretty limited there in terms of -- 'cause right now they're not digitalized; they're pretty -- they're a stagnant issue. So I wonder if your issue isn't better served in a billboard -- City ofMiami Page 40 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Commissioner Gort: Yeah. Chair Sarnoff. -- type scenario, especially when you're converting to a digital billboard. Commissioner Dunn: I agree. Let me just ask another question. Chair Sarnoff. Go ahead. Commissioner Dunn: In terms of the -- if this item is in fact deferred, will it have a negative impact on time frame or is it something that we're trying to --? Ms. Acosta: The negative impact would be only if we delay it too long. The actual additional ten permits that are available for lottery will not be put into a lottery process until the County has approved the larger portion of the map that's going to be changed, and the County is receiving that in the next couple of days. So they still have to go through their two readings to approve the map and boundary expansion. It's going to happen at the same time, so I guess we could hear in this January and financially we won't feel -- Vice Chair Carollo: And actually, if you want to table this, I could -- you know, I'll contact a -- you know, the -- one of the County Commissioners and verify exactly, you know, where they're at with this. So if you feel more comfortable, so we're all on the same page, I don't mind, you know, tabling this and you know, in 30 minutes or an hour, coming back and letting you know, hey, we're okay with it. Commissioner Dunn: Okay. That's fine with me. Vice Chair Carollo: Okay. Chair Sarnoff. I do have some issues with some of the changes. I don't know if you want me to -- I want to get my issues out. Commissioner Dunn: Sure. Chair Sarnoff. So if you don't mind, I'm going to put my issues out there. Vice Chair Carollo: As long as we could defer them all? Chair Sarnoff. I'm okay with your deferral. I -- Vice Chair Carollo: Okay. Chair Sarnoff. What I don't want to have happen is her to make another change and not get it out to you. Andl want to -- it's a good time for me to discuss the changes with you 'cause I can't do it any other way. If you would, I'm looking at page 4 and I'm looking at the indemnity and hold harmless agreement. You need to include -- in the last line it says, "Harmless for any civil actions." You're going to have to actually use the word fiegligence'ff you intend on getting a hold harmless in the City's negligence. The reason I think you want that is because you are not exempting yourself from the City's gross negligence. So I think, implicitly, you are asking for the City to be indemnified for its negligence. There's a direct case on point that says if you're asking to be indemnified for your own negligence, you have to actually state negligence. So I would put it in exactly where that is, but I'd of course defer to the City Attorney. But you do have to use the word negligence. And I'm not a stickler for this stuff but on page six, you have a double period. Ms. Acosta: That definition -- City ofMiami Page 41 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Chair Sarnoff -- right by -- Ms. Acosta: -- has actually changed a little bit. Chair Sarnoff That's scary. What do you mean that section got changed a little bit? Ms. Acosta: We merged it with a definition further down. Chair Sarnoff Does that mean we're not looking at the final version? Ms. Acosta: There are a couple of tweaks. Victoria's got copies of them right now. Ms. Bru: You are not looking at the -- and neither am I, by the way. I haven't seen the final version yet, so -- Vice Chair Carollo: And again, I think that goes back to my original point. Commissioner Gort: Move for deferral. Vice Chair Carollo: Andl think I've put it very nicely and diplomatic, but yes, that's exactly my point, why I seek the deferral. Chair Sarnoff Okay. Commissioner Gort: Yeah. Chair Sarnoff Let me continue with substantive issues. Commissioner Gort: Yeah. Let's get all the -- Chair Sarnoff I won't do any kind of -- I'll assume that you'll get your grammaticals [sic] maybe a little better than you have them. Public liability insurance in the amount of 3 million. I'm on page 7. Is that as it was? Ms. Acosta: Yes, sir. Chair Sarnoff There's been no change? Ms. Acosta: No change. Chair Sarnoff In case you all don't know, you had your first mural come down and land on top of a truck and it happened three days ago, so you do not want to reduce that. You have reduced the gross revenue and (UNINTELLIGIBLE) from two million to one point five million. Ms. Acosta: Yes, sir. Chair Sarnoff Okay. Okay, Section 9 on page 7, it says, proof that the applicant is in good standing with the City and County for any code enforcement matters. Vice Chair Carollo: Pending. Chair Sarnoff Right, pending. And is it meant to mean any pending matters? And that would include the building and/or -- or is that just the mural person? Ms. Acosta: It would include both because the code enforcement -- City ofMiami Page 42 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Chair Sarnofff. Both? Ms. Acosta: -- matters are generally also against the location and the site. If we go back to what we discussed about making the land owners as responsible for the program as the mural -- Chair Sarnofff. So your -- Ms. Acosta: -- (UNINTET,TIGIBT,F). Chair Sarnofff. -- interpretation of nine then, it would be both? Ms. Acosta: Yes, sir. Chair Sarnofff. Okay. All right, page 8, you discuss what you want. It says, proof the applicant will post a bond or letter of credit in the amount of 500, 000. Substantively, is that the way it was before or was it a million? Ms. Acosta: That was substantively -- Chair Sarnofff. All right. Ms. Acosta: -- not changed. Chair Sarnofff. So it says, proof that the applicant will post a bond or a letter of credit in the amount of 500, 000 in a form reasonably acceptable to the City Department of RiskManagement at the time of issuance of the mural. I believe it should say this at the next sentence. The bond or letter of credit should demonstrate that the City shall be authorized, so you should actually see it in the bond or the letter of credit itself. Your ordinance should state that we can act directly against the bond or the letter of credit. Commissioner Suarez: Yeah. Chair Sarnofff. You're probably thinking implicitly it says that, but I think you should expressly state that so that it is part of your ordinance. Okay. Okay, page 12, Section 6, you've now made a change that corporate logos are not a part of the 15 percent of the copy. Ms. Acosta: The issue with that arose as when I was seeing the past history on all of these that were accepted, corporate logos had not been counted against the 15 percent. So in an effort to codin, what was already the practice and in an effort to make sure that the rest of any writing was counted against the 15 percent, I chose to include what was already the ongoing practice. Chair Sarnofff. I just -- you know, I sort of have an issue with that, and the reason is you might like a Volkswagen logo, you might like a Mercedes logo, you might love a Ferrari logo, but it is, nonetheless, advertising and it is part and parcel of the commercial message. I don't see why it would be exempt. Ms. Acosta: It was -- as I found the history on it, it had been accepted as not part of the commercial message. If it's the Commission's will to include it as part of the commercial message, then, so be it. Chair Sarnofff. Okay. I -- it's -- I'm bringing it up because I had always thought when we drafted this, that any commercial message was part of the 15 percent. The idea was to get large -- the Beetles, for instance. That's a pretty unique -- you're too young -- you're both too young for this. But the Beetles -- you know who the Beetles are, right? City ofMiami Page 43 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Vice Chair Carollo: But I learned it in history class. Chair Sarnoff That's a pretty cool billboard. That's a pretty cool mural. Commissioner Suarez: They're bugs. Chair Sarnoff They're bugs. They're bugs that played good music at one time. So I think that was the intention behind what is now, I guess, a big Apple ad. So I do have a contention with logos not being part of the commercial message 'cause that, in some respects, is the most important thing that there is to an advertiser. So I bring that to your attention. You have taken out the -- I forgot what fee you took out, and I think it comes to 70,000 a year for the City. Ms. Acosta: The only fee that was excluded was the renewal fee, and it was a renewal fee that, as I was informed, was initially one amount. Then it was taken to, I believe it was, half of the amount and then a quarter of the amount and was supposed to diminish. This was a fee, as it was explained to me by my predecessor and others involved in the program, was for the set-up of the actual program and it was to be diminished and discontinued after I believe it was a certain amount of time. I'm not exactly sure of the total time frame. Chair Sarnoff And what does that fee come to on an annual basis? Ms. Acosta: This last quarter thatl charged it, I believe it was about $2, 000 -- Chair Sarnoff So it's not -- Ms. Acosta: -- per -- Chair Sarnoff -- a significant amount of money? All right. All right, page 15, second paragraph, there's a change and I'm not sure why it got changed. It says, the City Manager designee shall, within five business days -- why did -- what was the change here and what was the point of the change? Is it simply that the City Zoning administrator -- is that --? Ms. Acosta: That was the only change. Chair Sarnoff That's it. So now the City Manager does this? Ms. Acosta: City Manager designee, yes. Chair Sarnoff Okay. Temporary permit, page 16, 62-611. This looks to be new. Is that correct? Ms. Acosta: Sixty-two -- Chair Sarnoff Page 16, 62-16. Ms. Acosta: The rescission clause? Oh, no, the appeals clause. Chair Sarnoff Exemption, exemption. Ms. Acosta: It was -- Chair Sarnoff Sixty -- Ms. Acosta: The exemption is being excluded. The exemption is being taken out. It was initially City ofMiami Page 44 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 in there. The government exemption was, on first reading, to be included within our ordinance. It is now no longer going to be a part of it. Chair Sarnoff. Here's what I'm reading it says, so maybe we're not on the same ordinance. A temporary permit may only be granted for mural depicting special events. Was that in the original ordinance? Unidentified Speaker: Yes. Chair Sarnoff. Okay. So this is exactly as stated, except for one clean-up of a small "M" to a big `M?" Ms. Acosta: Yes. Vice Chair Carollo: I'm sorry. Mr. Chairman, where are you at? Chair Sarnoff I'm at 62-16. Commissioner Dunn: Twelve. Ms. Acosta: Sixty-two -- Chair Sarnoff. Page 16. Commissioner Gort: Page 16. Ms. Acosta: Eleven. Chair Sarnoff. So -- just so I'm clear, this was in the original ordinance, and the only change is just the capitalization of the -- Ms. Acosta: Capitalizing the defined term, 611. Chair Sarnoff. My only last comment is the opt -out provision. No. I'm sorry. It is not. It is the appeal. You now want them to go directly to circuit court. Ms. Acosta: It was on the advice of Law that circuit court would be a more appropriate venue to send them to should any of these issues arise. Chair Sarnoff. Whereas before, the appeals came to the City Commission? Ms. Acosta: Yes. Chair Sarnoff. And the industry supports that? Ms. Acosta: No. Chair Sarnoff. No. The City Attorney supports that? And just give me a policy reason why 'cause maybe I agree with you. Ms. Bru: Well, really, I think we're doing it to depoliticize it and just leave it in the hands of the courts and not bother you with this. But it's your policy decision. If you want to take the appeals Chair Sarnoff. No. I understand. I'm just trying -- andl understand exactly what you said, butl City ofMiami Page 45 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 was curious how it came about and I'm curious what your thinking is and -- give me an example of an appeal. Ms. Bru: Okay. Let's go back to the -- let's say, let's see -- Ms. Acosta: Denial of a contract. Ms. Bru: -- City Manager has five business days after receipt of a copy change application to deny or apply -- or approve it. So let's say the Manager were to deny it. You know, there would be an appeal. Chair Sarnoff And that appeal, you think, is better suited to go to circuit court? Ms. Bru: Well, it's a -- our experience is that in the past, this Commission has expressed the desire to concentrate more on the business of being legislatures as opposed to serving as quasi judicial magistrates, and that's how we tried to accommodate that prior policy decision. If the policy decision has changed and you don't mind getting involved in quasi judicial matters, then we can give this back to you. Chair Sarnoff That's a good answer. Thank you. All right, those are my substantive issues. I -- you did a nice job. I don't think many of my comments are much, but I want at least the Vice Chair to have them so that if this does come back in 30 or whatever day time, it comes back at least with some indication of whether we want support those or don't support those. Vice Chair Carollo: Thank you. And we are going to table this, though, correct? Commissioner Gort: Yeah. Chair Sarnoff I don't think -- I think -- Commissioner Gort: No, no. We're going to defer. Chair Sarnoff Let's defer it. I think you're going to be dead right. I don't think this can occur with two readings with the County. Ms. Acosta: Can we defer it to the 13th agenda? Vice Chair Carollo: I don't have a problem with that. Chair Sarnoff Is there a motion to defer -- Vice Chair Carollo: So move. Chair Sarnoff Is there a motion to continue, I guess, to the 13th? Vice Chair Carollo: Yeah, a motion to -- Chair Sarnoff The Vice Chair has made a motion. Is there a second? Commissioner Gort: Second. Chair Sarnoff There's a person standing up there. You want to be heard? Lucia Dougherty: Yes, Commissioner. Lucia Dougherty, with offices at 333 Avenue of the Americas. City ofMiami Page 46 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Chair Sarnoff. Where'd you get that voice? Ms. Dougherty: Somebody gave it to me. So I just wanted to talk about this last issue. Andl understood -- I didn't stand up and talk about the appeals to the City Commission versus courts because I understood that you had changed it to -- no. You didn't? The one I'm looking at says City Commission. Okay. Well, in that case, I would like to make a proffer that it makes more sense to have those kinds of things to come to the City Commission. You have managed this ordinance very well. I don't know why you would want to have something like that go to the circuit court. Now I'm talking not on my own best interest because at this point, my interest would be to go to court, but it doesn't make any sense for anybody, not the staff not the industry, not the people. I mean, you've managed it. You've managed this ordinance from day one. I don't understand why you would want to give up your authority and your discretion and have it go to court. So that's all my (UNINTELLIGIBLE), so -- Chair Sarnoff Okay. Thank you. Ms. Dougherty: And would you like to discuss it again on second reading or --? I mean, when it comes back or --? Commissioner Gort: (UNINTET,TIGIBT,F). Chair Sarnoff. It's going to come back. I guess it's going to come back -- I don't think it will be a substantial change, one or the other, andl guess we'll get a policy determination by the City Commission at that time. We have a motion to continue and a second. Any further discussion on the continuance? And will you at least provide the changes that I suggested? Ms. Acosta: Yes, sir. Chair Sarnoff. It doesn't have to go in. Just put them side -by -side so the Commissioners can at least see them written down. All right, all in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff Thank you. END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING FR.1 ORDINANCE First Reading 10-01241 Districts - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 22/ARTICLE 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Richard Dunn II 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 WITHDRAWN City ofMiami Page 47 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 FR.2 10-01253 Office of the City Attorney Chair Sarnoff All right, now getting back to the agenda. I believe we are on first readings. FR.1. Commissioner Dunn: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Dunn: I'm withdrawing that item. Chair Sarnoff Oh, I'm sorry. Commissioner Dunn: That's all right. Chair Sarnoff Okay, FR.1 is withdrawn. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/CONFLICTS OF INTEREST, MORE PARTICULARLY BY AMENDING SECTION 2-615, ENTITLED "LIST OF REAL ESTATE OWNED -REQUIRED OF CERTAIN OFFICIALS", RELATING TO WHICH OFFICIALS ARE REQUIRED TO DISCLOSE OWNERSHIP OF REAL ESTATE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-01253 FR/SR Summary Memorandum.pdf 10-01253 FR/SR Legislation.pdf Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort Chair Sarnoff FR.2. Vice Chair Carollo: You think someday I could have a pocket item? Chair Sarnoff I'm going to let you have five and they're all going to cost us. You'll get the hang of it. You'll text them next time. FR.2. Julie O. Bru (City Attorney): FR.2 is a cleanup of our conflict of interest ordinance to provide for certain new appointed officers that were not previously part of the list of individuals that are required to report on the real estate that they own within the City ofMiami after appointment. Chair Sarnoff All right. Commissioner Gort: Move it. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Suarez. Let me open up a public hearing. Anybody wishing to be heard on FR.2, please step up. Hearing none, seeing none, coming back to the Commission. Any discussion on the item, 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. City ofMiami Page 48 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 FR.3 10-01296 Office of Strategic Planning, Budgeting, and Performance Priscilla A. Thompson (City Clerk): Your roll call. Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: Yes, on first reading. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Thompson: Commissioner Gort? Commissioner Gort: First reading, yes. Ms. Thompson: Then Chairman Sarnoff? Chair Sarnoff Yes. Ms. Thompson: The ordinance has been passed on first reading, 5-0. 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. 10-0528, ADOPTED NOVEMBER 18, 2010, AND PURSUANT TO SECTION 19 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, ENTITLED "CREATION OF NEW DEPARTMENTS; DISCONTINUANCE OF DEPARTMENTS;" CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01296 Summary Form.pdf 10-01296 Legislation.pdf 10-01296 FR 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 Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort Chair Sarnoff. FR.3. Mirtha, please state your name for the record. Mirtha Dziedzic (Director, Strategic Planning, Budgeting & Performance): Mirtha Dziedzic, Budget Department. The ordinance before you codifies the changes to departments creation and deletions adopted in the budget and the amending budget resolutions. Chair Sarnoff. All right. Before I -- we take a motion, is there anybody wishing to be heard on FR.3? All right, hearing none, seeing none, the public hearing is now closed; coming back to the Commission. Is there a motion? City ofMiami Page 49 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Vice Chair Carollo: Move it for discussion. Chair Sarnoft Motion by the Vice Chair. Commissioner Dunn: Second. Chair Sarnoff Second by Commissioner Dunn. The Vice Chair is recognized. Vice Chair Carollo: I just want to mention for this one and for the other FR5 (First Readings) that I'll be passing it on first readings [sic] and then I'll take a closer look at it on second reading. Thank you. Chair Sarnoff Anyone else with any discussions on this? Quick question to you, Mr. Manager. I'm looking at your column, FR.3 -- I'll talk to Mirtha. It's okay. I'm looking at Communications and Audiovisual Broadcast Operations. They seem to be two separate departments. Just for my own edification, is that a duplication of resources? Ms. Dziedzic: No. This is a actual consolidation of activities. Now the Communication [sic] Department centralizes all of the public information officers and it centralizes all of the communications, and Audiovisual Broadcasting is basically the production -- the -- keeping equipment. Chair Sarnoff So Communications is a consolidation of POIs [sic]? Ms. Dziedzic: Correct. Chair Sarnoff And is there a director in that department? Ms. Dziedzic: Yes, there is. Chair Sarnoff Is there a director in Broadio -- Audiovisual Broadcast Department? Ms. Dziedzic: Correct. Vice Chair Carollo: Yes. Ms. Dziedzic: Yes, there is. Chair Sarnoff Okay. Carlos A. Migoya (City Manager): Mr. Chair. Chair Sarnoff Yes, sir. Mr. Migoya: I'm happy to discuss this. And this is one case in which we created a department. The old Department of Communications was really an audiovisual department. They dealt with the equipments and everything else. We consolidated everything that they were doing from an equipment standpoint, including the work that GSA (General Services Administration) was doing under that Audiovisual Department. Then we took all the PIOs (Public Information Officers) outside of police and fire and consolidated it here and Community Development. We had to keep that one separate because of the grants that are involved with it. And frankly, by doing this we actually saved the City between 150 and $200, 000 with the inclusion of adding a new director. You've already seen some of the work that Mr. Zayon has done. Actually, he -- the Christmas tree lighting, Communications and everything was all directly with him, and there's an awful lot of new work that's being done that's actually improving the Web site and improving the way we City ofMiami Page 50 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 FR.4 10-01363 District 5 - Commissioner Richard Dunn II communicate with the public and everything else. Andl think this is a substantial improvement by adding a department that in exchange for that we're still saving money so -- Chair Sarnoff Okay. All right, anyone else have any discussion? Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized, Vice Chair. Vice Chair Carollo: I sort of promised the Manager that would just take it up on second reading, but since you opened the door -- actually, you know what -- no. I'll keep my promise. I'll take it up on second reading. Mr. Migoya: I always look forward to discussing this with you, Mr. Vice Chair. Commissioner Gort: Give him a break. It's his last day. Let him relax. Let him enjoy it. Let him enjoy this meeting. Commissioner Suarez: I'll let it go on first reading. Chair Sarnoff All right, so this is on first reading. 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 passed on first reading, 5-0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING IN ITS ENTIRETY, CHAPTER 14/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "DOWNTOWN DEVELOPMENT/ SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT AND COMMUNITY REDEVELOPMENT AGENCY"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01363 FR/SR Summary Memo.pdf 10-01363 FR/SR Legislation.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort Chair Sarnoff FR.4. Commissioner Dunn: Oh, I guess it's on me, Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Dunn: I would like to move this item and for -- just for a discussion. Chair Sarnoff All right. City ofMiami Page 51 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Vice Chair Carollo: Second. Chair Sarnoff We have a motion by Commissioner Dunn, second by the Vice Chair. Let me open up to a public hearing. Anybody wishing to be heard on FR.4, please step up. FR.4. Hearing none, seeing none, coming back to the Commission. The public hearing is now closed. Any discussion on this item? Commissioner Dunn is recognized for the record. Commissioner Dunn: Thank you, Mr. Chairman. Basically, I'm advancing this repeal because the ordinance, in fact, is obsolete. Back during the time in 1997 when there was a financial oversight from the State, the Southeast Overtown/Park West CRA (Community Redevelopment Agency) did not have any TIF (Tax Increment Fund) dollars. So what in fact happened, the City consolidated the operations of the CRA into the City, and as a result, the ordinance was called -- called for the Planning director to be the executive director and the City Manager to control City employees tasked to CRA. That was adopted back in 1997. Many of you, in fact, we discussed it a little bit today, may recall the CRA recently reimbursed the City $10.4 million for expenses associated with the operation of the CRA. Since we no longer operate under this guise and are not under the oversight of the State and this has been for some time, I believe it really makes no sense fundamentally to keep this on the books, and so that's why I'm asking my colleagues to support this repeal. Chair Sarnoff All right. Anyone else wish to be heard on FR.4? 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 passed on first reading, 5-0. FR.5 ORDINANCE First Reading 10-01384 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 2/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "LOBBYISTS", MORE PARTICULARLY BY AMENDING SECTION 2-657, ENTITLED "PENALTIES FOR VIOLATIONS", PROVIDING FOR RE -REGISTRATION AMOUNT TO BE CONSISTENT WITH REGISTRATION AMOUNT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-01384 FR/SR Summary Memorandum.pdf 10-01384 FR/SR Legislation.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort Chair Sarnoff FR.5. Julie O. Bru (City Attorney): Madam City Clerk, is this your ordinance? Priscilla A. Thompson (City Clerk): No. Actually -- City ofMiami Page 52 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Chair Sarnoft Office of the City Attorney. Ms. Thompson: -- it comes -- we worked on it. The City Clerk's office and the City Attorney's office worked on it together. We noted as we were preparing for our yearend mail -outs to the lobbyists that there -- and -- yeah, to the lobbyists that there was some discrepancy in the amounts listed because there was a change in the lobbyist registration fee along with the budget. So we worked on this together. This is to bring all the amounts into compliance. Chair Sarnoff All right. Ms. Bru: So basically, the amendment that's being put forth in this is to increase the registration from $500 to $525 to make it consistent with the rest of the provision. Ms. Thompson: Correct. Chair Sarnoff All right. Let me open up a public hearing. Is anybody wishing to be heard on FR.5 from the general public? FR.5. Hearing none, seeing none, coming back to the Commission. Gentlemen, do we have a motion? Commissioner Dunn: So move. Chair Sarnoff Motion by Commissioner Dunn -- Vice Chair Carollo: Second for discussion. Chair Sarnoff -- second by the Vice Chair. The Vice Chair is recognized for the record. Vice Chair Carollo: Five twenty five. How did we come up with 525, and can it be 575 or a higher amount? Ms. Thompson: If I'm not mistaken, that was what was passed in your budget ordinance when you increased the fees, so that amount was figured in there. Vice Chair Carollo: So you're just putting it in the books? Ms. Thompson: I beg your pardon? Vice Chair Carollo: You're just putting it in the book, so to speak, or --? Ms. Thompson: Yes. Ms. Bru: Yes. Ms. Thompson: In other words, the amount was stated in the lobbyist section of the Code. The amount is listed there. Now that the amount changed in the budget, we now had to update that section of the Code to match that number to be in compliance with the budget. Chair Sarnoff Your point is still there. You probably could still raise it if you wanted to. Vice Chair Carollo: Yeah. You see where I'm going with this. I'm trying to raise it, but at the same time, you know, I don't know if it's appropriate right now to do that or not so -- Chair Sarnoff First reading. Vice Chair Carollo: It's first reading. City ofMiami Page 53 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Chair Sarnoff All right. So Madam City -- anyone else wishing to be heard on FR.5? Vice Chair Carollo: Hint, hint, though. Chair Sarnoff Madam City Attorney, it is an ordinance. Point's well taken. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: And I beg your pardon, Chair. I have the mover as Commissioner Dunn, but I did not record a seconder. Vice Chair Carollo: Second. Ms. Thompson: Thank you. Chair Sarnoff Correct. It was Vice Chair. Vice Chair Carollo: For discussion. Chair Sarnoff Right. Ms. Thompson: Then moving along with our roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. FR.6 ORDINANCE First Reading 10-01375 City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION GRANTING AN AD VALOREM TAX EXEMPTION FOR TANGIBLE PERSONAL PROPERTY TO DDR MIAMI AVE, LLC, A NEW BUSINESS LOCATED IN THE ENTERPRISE ZONE; PROVIDING SCOPE AND TERMS OF EXEMPTION; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE, AND AN EXPIRATION DATE. 10-01375 FR/SRSummary Form.pdf 10-01375 FR/SR City Manager's Memorandum.pdf 10-01375 FR/SR Tax Abatement Roster 2008.pdf 10-01375 FR/SR Revenue Implications.pdf 10-01375 FR/SR Letter from DDR Representative.pdf 10-01375 FR Legislation.pdf 10-01375-Submittal-Draft Legislation. pdf 10-01375 SR Legislation.pdf Motion by Commissioner Suarez, 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) Sarnoff, Carollo, Suarez and Dunn II Noes: 1 - Commissioner(s) Gort Chair Sarnoff FR.6. Basil Binns (Assistant to Chief Financial Officer): Good afternoon, Commissioners. Basil Binns, City Manager's office. FR. 6 is an ordinance on first reading granting an ad valorem tax City ofMiami Page 54 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 exemption to DDR (Developers Diversified Realty) Miami. You all passed this as a CRA (Community Redevelopment Agency) Board back in October and it has a zero fiscal impact. Chair Sarnoff All right, let me open up a public hearing. Anybody wishing to be heard on FR.6, please step up. Seeing none, hearing none, the public hearing is now closed; coming back to the Commission. Is there --? Commissioner Suarez: Move it. Chair Sarnoff Motion by Commissioner Suarez -- Commissioner Dunn: Second. Chair Sarnoff -- second by Commissioner Dunn. Mr. Binns: For the -- Priscilla A. Thompson (City Clerk): Chair. Mr. Binns: -- record, I distributed a substitute item, and all it does is clarify that this is only an exemption for tangible personal property not real estate property. Chair Sarnoff All right. And still no -- Mr. Binns: Not real estate tax, I apologize. Chair Sarnoff -- fiscal impact to the City. Mr. Binns: There's still a zero fiscal impact. Chair Sarnoff All right. Substitution, everybody -- the mover understand, the seconder understand? Commissioner Dunn: Yes. Chair Sarnoff Indicate by saying "yes." Commissioner Dunn: Yes. Chair Sarnoff Okay. All right, any discussion on this, 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. Ms. Thompson: And we will show this as modified on first reading. Your roll call. Commissioner Gort? Commissioner Gort: No. Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: Yes, on first reading. Ms. Thompson: Commissioner Dunn? City ofMiami Page 55 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Commissioner Dunn: Yes. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Thompson: Chairman Sarnoff? Chair Sarnoff Yes. Ms. Thompson: The ordinance has been passed on first reading, 4-1. END OF FIRST READING ORDINANCES RESOLUTIONS RE.1 RESOLUTION 10-01234 Department of Risk A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE Management RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 207193, FOR CLAIMS ADMINISTRATION AND MANAGED CARE SERVICES; AUTHORIZING THE CITY MANAGER, TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), 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, SUBJECT TO SUCCESSFUL NEGOTIATIONS BETWEEN THE PARTIES, FORA PERIOD OF ONE (1) YEAR, WITH OPTIONS TO RENEW FOR FIVE (5) ADDITIONAL ONE-YEAR PERIODS; WITH THE NEGOTIATED PSA BEING BROUGHT BEFORE THE CITY COMMISSION FOR ITS REVIEW AND APPROVAL PRIOR TO EXECUTION BY THE CITY MANAGER; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE 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 (Version 1).pdf 10-01234-Exhibit 1-SUB.pdf 10-01234 Legislation (Version 3) 12-16-10.pdf 10-01234 Term Sheet 12-16-10.pdf 10-01234-Legislation-(Version 4) 12-16-10.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. City ofMiami Page 56 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Votes: Ayes: 4 - Commissioner(s) Sarnoff, Suarez, Dunn II and Gort Absent: 1 - Commissioner(s) Carollo R-10-0556 Direction by Chairman Sarnoff to the City Attorney's Office to have Assistant City Attorney Warren Bittner assist with the mural indemnification clause on the contract presented earlier to the Commission. Direction by Commissioner Gort to the Administration for changes to be made in the way Commissioners are briefed on agenda items; and further, that one of the changes involve the use of outlines that summarize agenda items and identify changes to proposed legislation. Chair Sarnoff All right, we're on the REs, Resolutions, page 19 of our agenda. RE.1. Gary Reshefsky: Good afternoon, Mr. Chairman, members of the Commission. Gary Reshefsky, director of Risk Management, joined with our assistant director, Calvin Ellis, distributing to you modified versions of our resolution. I believe that Mr. Bittner is also here from the City Attorney's office. The item that I briefed each of you on is substantially the same. We've modified our resolution from a three-year contract with Gallagher Bassett to a one-year contract with five one-year options, and we've reduced the contract price of this item from 2.497 million to $1.79 million. Chair Sarnoff Mr. Reshefsky, the -- if -- I know why he got up -- the Vice Chair got up, but just so we're clear, the only change --just tell us what the change is 'cause nobody's going to sit here and read this. Mr. Reshefsky: I just mentioned the two changes that are in the res -- that are different from the resolution that's in your package and it's the same as the one that I briefed you on. The other changes are changes that the City Attorney will tell you about and they're based on legal terms that he wanted clamed in the PSA (Professional Services Agreement) agreement, which are nonmaterial to us -- to this transaction for me but were important for the Legal Department, so I'll defer to Warren. Chair Sarnoff Mr. City Attorney, what are the changes? Warren Bittner (Assistant City Attorney): If you look at page 2 of the -- under recitals that incorporated -- incorporations, definitions, we clamed here the order of precedence of documents in this package in the event there are any inconsistencies between the documents and the attachments, making the professional services agreement, which is the actual contract, controlling just in case any of the exhibits are inconsistent. Chair Sarnoff What other changes have been made? Mr. Bittner: Then on page 9, the indemn -- paragraph 11, indemnification was changed to improve the City's right of indemnification against the provider to be consistent with the current contract that we have with Gallagher Bassett that's expiring. And then finally -- Chair Sarnoff This is actually a good indemnification clause. Would you maybe help the City Attorney with the murals indemnification clause? This one actually is a better stated indemnification clause than the one we have in the mural ordinance. Mr. Bittner: No. I can't comment on that. I didn't look at the one -- Chair Sarnoff I know. Would you at it at my -- City ofMiami Page 57 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Mr. Bittner: Oh, yes. Chair Sarnofff. -- request? Mr. Bittner: I will do that. Chair Sarnofff. Thank you. Mr. Bittner: And finally, the last change that was made in here is in paragraph 3, scope of services, beginning (d) through (1). That language is added. That language was not in the original. That is to bring the scope of services into line with the consistent -- or the practice that we're currently engaging in. Chair Sarnofff. Are those the extent of the changes? Mr. Bittner: That was it. Chair Sarnofff. All right. So, gentlemen, it is a resolution. Do we have a motion? Commissioner Dunn: So move. Chair Sarnofff. We have a motion by Commissioner Dunn. Commissioner Gort: I'll second it. Chair Sarnofff. Second by Commissioner Gort. Commissioner Gort: Question. Chair Sarnofff. I'll open it up to a public hearing before we start commenting. Anyone wishing to be heard on RE.1, please step up. Hearing none, seeing none, coming back to the Commission. Commissioner Gort, you're recognized for the record. Commissioner Gort: My understanding, I think it's important for people to understand, especially the audience and people watching this pro -- hopefully, there's not too many of them, but whoever's watching this program, it's important to realize that before we get all this package, about eight days before we have a meeting, we have an opportunity to go through it. But at the same time, we have staff come and talk to us and see if we have any questions. A lot of times in looking at the documents, we might come up with some suggestions and this is some -- the things you see here or some -- there's a little amendment that they want to make to certain regulations. Andl think it's very important, especially we trying to save money andl think you mentioned this, Mr. Chairman. Instead of them doing the whole thing, why don't you just come with a document with the few changes that taking place? 'Cause right now when you bring this up, I mean, the Vice Chairman walked out, andl don't blame him. I mean, he's the type of person that looks at every document, he reads every page, and he looks at every paragraph. When you give this to any one of us, we're going to say, what are we going to do with this? I mean, can we read it in a few seconds? So I think it's important for you to do sort of an outline of the changes that are taking place in specific. And most of the time the changes that take place because the suggestions that we make during out meetings. So I just want to make sure to clarify that. Chair Sarnofff. All right. Any further discussion? Hearing no further discussion, it is a resolution. Please signin, by your -- by saying "aye." The Commission (Collectively): Aye. City ofMiami Page 58 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Carlos A. Migoya (City Manager): Mr. Chair. Chair Sarnoff Yes, sir. Mr. Migoya: IfI may just -- thank you. I did not want to say it before the -- like you say, what is it, the jaws of victory? I wanted to do it after the fact. I just want to acknowledge that a lot of the issues that we're handling in this contract, which actually a lot of the concerns that Commissioner Gort has had for several months that I've heard them as it relates to workmen compensation. It's really been a lot of the great work from both. Gary Reshefsky and Calvin Ellis have done a really good job. And this new contract will save the City at least $500, 000 a year and probably more. There's still one pending item that they -- we will continue to work on. It's not just about Risk; it's Risk and ER (Employee Relations). To make sure that anyone that's receiving workmen's comp after retirement, that we're not doubly compensating by paying pension and workmen's comp when they're not entitled to it, and we will follow up on that to make sure that we have further savings on that as well. Chair Sarnoff And as you move on in life -- and I know you will -- I want you to get the expression correct. Do not snatch defeat from the jaws of victory. One other -- andl know you never will, but I think one other person who should -- who's gone unnamed that should be named is Bill Juliachs from the City Attorney's office, who has pretty much unheraldedly probably saved the City in the past year that I know of close to $1 million by his dogmatic approach and just -- there is no such thing as no in getting a claims bill or at least a claim through the State on what -- in '04 where he was told -- or at least by representation was told to be a barred claim by the statute of limitations. Equally, he and his partner -- I forget your female counterpart, I apologize. Bill Juliachs (Assistant City Attorney): Iliana Forte. Chair Sarnoff Iliana Forte. -- have pretty much singlehandedly reformed our entire Legal Department with regard to workman's comp. And when I first got here, I actually wanted to see workmen's comp get farmed out, and I've completely done a 180-degree change by the work effort of these two. So they've been unheralded. Bill Juliachs clearly has saved us close to three quarters of a million dollars this year, andl think it's worth that -- Why don't you just stand up for a second, Bill? No one knows who you are. Applause. Chair Sarnoff Now, in the private sector, Bill, you'd get 30 percent, andl think the City Manager may be going to the private sector and he's going to be setting up a lot of things he's learned, so maybe he'll -- Just kidding. RE.2 RESOLUTION 10-01254 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED SEPTEMBER 28, 2010, PURSUANT TO INVITATION FOR BID NO. 198158, FROM ENTERPRISE LEASING COMPANY OF FLORIDA, LLC, THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE RENTAL OF VEHICLES, 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. City ofMiami Page 59 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 10-01254 Summary Form.pdf 10-01254 Award Approval Form.pdf 10-01254 Tabulation of Bids.pdf 10-01254 Detail by Entity Name.pdf 10-01254Addendum 2.pdf 10-01254Addendum 1.pdf 10-01254 Invitation for Bid.pdf 10-01254 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) Sarnoff, Suarez, Dunn II and Gort Absent: 1 - Commissioner(s) Carollo R-10-0557 Chair Sarnoff All right, RE.2. Gary Reshefsky (Director, Risk Management): Thank you, sir. Kenneth Robertson: Good afternoon, Commissioners. Kenneth Robertson, Purchasing director. The item before you is a resolution to establish a term contract for the rental of vehicles with Enterprise Leasing Company of Florida, for an initial contractual period of two years with options for two additional one-year renewals on a citywide as -needed, when -needed contractual basis, pursuant to the terms and conditions under Invitation for Bid 198158. The estimated annual contract amount is $1.4 million and not the $3.8 million figure that was listed in the agenda summary form. Chair Sarnoff What number are you on? Mr. Robertson: Hmm? Unidentified Speaker: 2 -- RE.2. Chair Sarnoff RE (Resolution) -- Commissioner Gort: RE.2. Mr. Robertson: RE.2. Chair Sarnoff Oh, I'm sorry. Okay. Mr. Robertson: Funds would be allocated from the various user departments and agencies, subject to availability and budgetary approval at the time of need. Chair Sarnoff All right. So there's a -- is there a motion for this? Commissioner Dunn: So move. Chair Sarnoff Motion by Commissioner Dunn. Is there a second? Commissioner Gort: Second for discussion. Chair Sarnoff And second for discussion. Before discussion, let me have a public hearing. Anyone from the public wishing to be heard on RE.2, please step up. Hearing none, seeing none, coming back to the Commission. Commissioner Gort, you're recognized for the record. City ofMiami Page 60 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Commissioner Gort: My question is this -- my understanding is the -- we have a couple of cars out there that we have to maintain it because the lease is not up yet. How are we going to deal with that? And if we can -- Mr. Robertson: Those current cars are under a lease with Acme Leasing Company, which is a separate contract altogether from our contract with Enterprise. The company sent us a return form that the Police Department is filling out currently. The -- once that's submitted to Acme Leasing, they will come inspect the vehicles for damage and then we will return them earlier than the lease expires. Commissioner Gort: And we won't be penalized for it? Mr. Robertson: Well, the payment at that time is based on the date that we return them and the mileage of each vehicle. The lease allowed for a certain number of miles andl believe they're over those miles. Commissioner Gort: No, I understand. But we're in compliance with the lease by returning this car within certain time, certain limits. We don't have any penalty. Mr. Robertson: There's no penalty for returning them early, correct. Commissioner Gort: Okay, thank you. Commissioner Suarez: Mr. Chairman. Chair Sarnoff Yeah, you're recognized for the record, Commissioner Suarez. Commissioner Suarez: What -- how much money are we saving doing it this way versus the other way? Mr. Robertson: Well, they're two nonrelated issues. There was a one-time need to lease several -- I believe they're Highland [sic] -- Toyota Highland [sic] vehicles. This is for a rental agreement. These are not leased vehicles. Commissioner Suarez: But there is a savings of doing it through the rental versus lease, isn't there? Mr. Robertson: Correct. With a lease, there's ownership interest. With a rental agreement, the company is providing all maintenance and insurance for the cars. Chair Sarnoff For -- I think Commissioner Suarez is trying to get to an interoffice memorandum which was given to us by ChiefExposito. And what it appears to show is that the rental yearly amount for vehicles is $10, 440 versus the yearly lease and associated costs of $13, 874. And I think the point that Commissioner Suarez was trying to make, to the average person, myself included, I would have anticipated a lease being less expensive than would a rental. And for the record, I think what he's trying to say is let's get this clear. A rental for the way we use our cars is actually cheaper than to have a lease. Commissioner Suarez: Three thousand, four hundred dollars cheaper -- Major Steve Caceres (Police Department): Yeah. Major -- Commissioner Suarez: -- per vehicle. City ofMiami Page 61 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Major Caceres: Correct. Major Steve Caceres, with City ofMiami. That is correct. The analysis that we did does show a savings. Also, there are other factors involved. We don't have to worry about the mileage, if we go over the mileage. That's something that just occurred and we spoke about on the leases. And also the ability to switch out a car at any time, especially for the undercover officers. If we needed a new car, with a lease it's hard to switch out a car. So there's a lot of benefits to renting a car for the type of business we're in compared to the leasing. And it shows a savings, but there are also other factors that shows rental is the way to go for us. Chair Sarnoff Major, I heard something you said to Commissioner Gort, and that is you're in the process of filling out a report. Probably the private sector would have filled it out a while back, so I think we're all kind of urging you guys to -- Major Caceres: Actually, the report was filled out some time in October -- Chair Sarnoff Okay. Major Caceres: -- 'cause we were asked to return the lease by Purchasing. And the company said, no, you're not due to return the leases. So we had filled out the report, and we have a copy of that. Purchasing asked recently -- sent us another form, which is identical to the one we filled out in October, is my understanding. We're just going to give them the copy that we have. If they request that we fill out the form again, we will fill it out. Chair Sarnoff So our lease obligation should have been done in October. Regardless of where the cars sit -- Major Caceres: Well, not the way the contract read. The contract read we would have the lease for 36 months after we received it, so we did not receive the cars 36 months ago. Our lease would have been up March of next year, but the company has worked it out where they're allowing us to return the leases early. Chair Sarnoff Okay. Mr. Migoya: In fact, you're not only saving the lease payments, but you're serving the over mileage because -- Chair Sarnoff Right. Mr. Migoya: -- every one of the vehicles are over miles. Chair Sarnoff Right. Major Caceres: Correct. Chair Sarnoff Okay. Major Caceres: We're not driving anymore, so we're not putting any more miles to pay additional mileage. Chair Sarnoff All right, thank you. All right, that was RE. 2. RE.3. Priscilla A. Thompson (City Clerk): I'm sorry, Chair. Commissioner Dunn: We didn't vote. Chair Sarnoff We did not vote on it? City ofMiami Page 62 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 RE.3 10-01340 Commissioner Dunn: We didn't vote. Ms. Thompson: You did not vote. Chair Sarnoff Did not vote on RE.3 [sic]. I apologize. Gentlemen, it is a resolution. All signify your approval by saying "aye." The Commission (Collectively): Aye. RESOLUTION Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Program AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENTS WITH TARGET ENGINEERING GROUP, INC. AND NETWORK ENGINEERING SERVICES, INC. D/B/A BOLTON PEREZ AND ASSOCIATES, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROVISION OF MISCELLANEOUS CONSTRUCTION ENGINEERING AND OBSERVATION SERVICES, IN AN AMOUNT NOT TO EXCEED $500,000, PER FIRM,THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FOR EACH FIRM FROM $500,000, TO AN AMOUNT NOT TO EXCEED $1,000,000, PER FIRM; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS. 10-01340 Summary Form.pdf 10-01340 Network Engineering Services PSA.pdf 10-01340 Network Engineering Services Resolution.pdf 10-01340 Target Engineering Group PSA.pdf 10-01340 Target Engineering Group Resolution.pdf 10-01340 Legislation. pdf 10-01340 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) Sarnoff, Dunn II and Gort Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0558 Chair Sarnoff RE.3. Alice Bravo (Director, Capital Improvements Program): RE.3 is a resolution to amend two of our professional services agreements for miscellaneous engineering and construction engineering services. So these are the firms that will supervise our contractors while they construct our capital improvement projects. So we're modifying the contracts of Target Engineering Group and Bolton Perez and Associates that have a current capacity of 500, 000. With assignments that they're about to start, we've exhausted that existing capacity and need additional capacity to continue those projects and take on new assignments. So we're increasing the capacity from 500,000 to I million. Chair Sarnoff All right. Is there a motion? Commissioner Dunn: So move. City ofMiami Page 63 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Chair Sarnoff. Motion by Commissioner Dunn. Commissioner Gort: Second. Chair Sarnoff. Second by Commissioner Gort. Let me open up to a public hearing. Anybody wishing to be heard on RE.3, please step up. Hearing none, seeing none, the public hearing is now closed, coming back to the Commission. Any discussion, gentlemen? Commissioner Gort: Question. My understanding when you explain it to my office is that the reason we're using this procedure is because these people already on board and it will not be any additional cost. If we were not to utilize these individual services that we have, we would have to go out with an RFP (Request for Proposals), and it would probably be a different -- Ms. Bravo: Correct. We'd have to get a whole new firm on and there would be delays to our projects that are about to start and ongoing projects as well. Chair Sarnoff. All right. Any further discussion? Please signin, your yes by saying "aye." The Commission (Collectively): Aye. Chair Sarnoff. Any opposed? All right, it passes. RE.4 RESOLUTION 10-01358 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL ASSESSMENT DISTRICT AREA TO BE KNOWN AS THE MIMO BID AND AUTHORIZING THE LEVY AND COLLECTION OF A SPECIAL ASSESSMENT FORA PERIOD OF THREE (3) YEARS SUBJECT TO THE APPROVAL OF A MAJORITY OF AFFECTED PROPERTY OWNERS; PROVIDING FOR NATURE AND ESTIMATE OF BENEFITS TO BE PROVIDED; PROVIDING DETAILS OF ASSESSMENT PROCEDURES, PAYMENTS, AND STATUTORY LIENS; PROVIDING FOR PUBLICATION OF LEGAL NOTICE; AUTHORIZING AND DIRECTING THE CITY MANAGER, THE CITY CLERK, THE FINANCE DIRECTOR, AND ALL OTHER NECESSARY CITY OFFICIALS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO UNDERTAKE ALL NECESSARY ACTIONS AND PROCEDURES TO ACCOMPLISH THE PURPOSE SET FORTH IN THIS RESOLUTION IN ACCORDANCE WITH CHAPTER 170, FLORIDA STATUTES. 10-01358 Legislation. pdf 10-01358 Exhibit 1.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: 4 - Commissioner(s) Sarnoff, Suarez, Dunn II and Gort Absent: 1 - Commissioner(s) Carollo R-10-0559 Chair Sarnoff. RE.4. RE.4, gentlemen, is the MiMo (Miami Modern) BID (Business Improvement District). As you know, they've tried this once before; it did not pass. It is a different section and is a smaller section and is for their own self-determination to be a business City ofMiami Page 64 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 RE.5 10-01394 Department of Capital Improvements Program improvement district. Would somebody make a motion on my behalf? Commissioner Gort: Move it. Commissioner Dunn: So move. Second. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Dunn. Anyone wishing to be heard on RE.4, please step up. You're recognized. Scott Timm: Scott Timm, executive director, MiMo BID, 7100 Biscayne Boulevard. We're making a slightly smaller boundary area for a slightly shorter period of time in order to get support of the property owners. In meeting with them, we found more support in a central area and for a slightly shorter authorization period. Chair Sarnoff All right. Anybody --? Elvis Cruz, you're recognized for the record. Elvis Cruz: Thank you. Elvis Cruz, 631 Northeast 57th Street, president, Morningside Civic Association. I wish the MiMo association great success. I would like the Commission to be aware we have a very big problem in that area with parking meters. Many of our associations up and down the Boulevard, behind the Boulevard want the businesses to succeed and the parking meters discourage people from patronizing those businesses. First thing a business does when they want to encourage customers is to offer free parking, and of course there's peripheral issues with cars avoiding the meters and parking in the neighborhoods. This happens all around the City. Those meters were installed without any sort of public notice or public hearing or public input. They just showed up. So I'm hoping that in order to help the MiMo area succeed, as well as protect the residential neighborhoods behind Biscayne Boulevard, that those meters can go away. Thank you. Chair Sarnoff Thank you. Anyone else wishing to be heard on RE.4? Hearing none, seeing none, the public hearing is now closed. Any further discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Mr. Timm: Thank you. Chair Sarnoff Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT PERMANENT EASEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE US-1 ROADWAY IMPROVEMENTS AND WALL REPLACEMENT PHASE II PROJECT, 30542A, FOR THE CONSTRUCTION AND MAINTENANCE OF A PUBLIC SAFETY TRAFFIC BARRIER WALL OVER THE PROPERTIES WHOSE STREET ADDRESSES ARE LISTED ON "EXHIBIT B", ATTACHED AND INCORPORATED. 10-01394 Summary Form.pdf 10-01394 Legislation. pdf 10-01394 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 65 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Votes: Ayes: 4 - Commissioner(s) Sarnoff, Suarez, Dunn II and Gort Absent: 1 - Commissioner(s) Carollo R-10-0560 Chair Sarnofff. Okay, RE.5. Alice Bravo (Director, Capital Improvements Program): RE.5 is a resolution to authorize the City to enter into a permanent easement agreement with the property owners that live along the US 1 pink wall between 19th Avenue and 17th Avenue. We will begin construction of that project early next year, but we need to have the permanent easements in place to access the properties and construct the new wall. Chair Sarnofff. Okay. I'd love to move it, but I'll ask you to move it. You can move it. Commissioner Suarez: I move it. Commissioner Gort: Second. Chair Sarnofff. All right. We have a motion by Commissioner Suarez, second by Commissioner Gort. Open it up to a public hearing. Anybody wishing to be heard on RE.5, please step up. Hearing none, seeing none, coming back to this Commission. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnofff. All I'll say is aye, aye. It's about time. Thank you. Phase one went great. Phase two? Ms. Bravo: Just the same. Chair Sarnofff. Okay. RE.6 RESOLUTION 10-01342 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS General Services RECEIVED DECEMBER 3, 2010, PURSUANT TO INVITATION FOR BID NO. Administration 249240, FROM VARIOUS VENDORS, THE RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE PROCUREMENT OF AUTOMOTIVE AND RELATED EQUIPMENT PARTS, ON AN AS NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF FOUR (4) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) 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; AUTHORIZING THE ADDITION OF VENDORS, FOR AUTOMOTIVE AND RELATED EQUIPMENT PARTS, AND DEPARTMENTS TO THIS CONTRACT AT ANY TIME WHEN DEEMED TO BE IN THE BEST INTEREST OF THE CITY OF MIAMI. City ofMiami Page 66 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 10-01342 Summary Form.pdf 10-01342 Award Approval Form.pdf 10-01342 Tabulation of Bid.pdf 10-01342Addendum 2.pdf 10-01342Addendum 1.pdf 10-01342 Invitation for Bid.pdf 10-01342 Legislation. pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Dunn II and Gort Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0561 Chair Sarnoft All right, RE. 6. Jose Camero (Director, General Services Administration): Good afternoon. Chair Sarnoff You're recognized for the record. Mr. Camero: Jose Camero, GSA (General Services Administration) director. Resolution -- RE. 6 is a resolution accepting and awarding the bids received on December 3 for various vendors for the procurement of automotive parts. Chair Sarnoff All right. Is there a motion? Commissioner Gort: Move it. Commissioner Dunn: Second. Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Dunn. RE. 6, anyone from the general public wishing to be heard on RE.6, please step up. Hearing none, seeing none, coming back to the Commission. Any discussion, gentlemen? Commissioner Gort: Yes. My understanding, the discussion that we had in our office, you were making this RFP (Request for Proposals) and you made this change because this is going to be a savings for the City ofMiami (UNINTELLIGIBLE) -- Mr. Camero: Yes, it will be a savings. Commissioner Gort: -- part. Can you, more or less, give us a number? Mr. Camero: We project that when everything is done, it will be about $20, 000 a month. Commissioner Gort: Thank you. Chair Sarnoff Any further discussion? All right, all in favor, please say "aye." The Commission (Collectively): Aye. [Later...] Chair Sarnoff Before we do it, Madam Clerk, you were trying to get my attention. Priscilla A. Thompson (City Clerk): It was actually trying to get your attention on RE.5 [sic], City ofMiami Page 67 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 but if we can finish this, we can go back because it's on the recording of a vote, so if you want to finish this. Julie O. Bru (City Attorney): Okay. Chair Sarnoff All right, we'll finish this. Ms. Thompson: Thank you. Chair Sarnoff We're going back to RE.5? Vice Chair Carollo: RE. 6, I think it is. Chair Sarnoff 'Cause RE.5 was voted on. RE. 6 is the automotive issue. Ms. Thompson: I'm sorry, RE.6. I needed clarification from Vice Chair Carollo regarding the recording of his vote. When he came in -- Vice Chair Carollo: No. I wasn't paying attention. I came in right at the end of it, so no. Ms. Thompson: Okay, so just -- RE.7 -- I'm sorry, RE. 6 -- Chair Sarnoff RE. 6 would should a 3-0 vote. Ms. Thompson: Correct. Thank you. Chair Sarnoff Thank you. RE.7 RESOLUTION 10-01401 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY Attorney CONFLICT OF INTEREST STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. MAY HAVE, IF ANY, TO ENABLE IT TO REPRESENT GARSH INVESTMENTS LLP, IN A FORECLOSURE MATTER INVOLVING MANUEL GARCIA. 10-01401Summary Memorandum.pdf 10-01401 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) Sarnoff, Carollo, Dunn II and Gort Absent: 1 - Commissioner(s) Suarez R-10-0562 Chair Sarnoff RE.7. Julie O. Bru (City Attorney): Mr. Chair, members of the Commission -- Priscilla A. Thompson (City Clerk): Excuse -- Ms. Bru: -- this is a resolution that -- for your -- Ms. Thompson: Ex -- City ofMiami Page 68 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 RE.8 10-01402 Office of the City Attorney Ms. Bru: -- consideration which would waive any conflict of interest so that the law firm of Stearns Weave Miller Weissler Alhadeff & Sitterson, who presently represents the City ofMiami in a litigation matter, would then be able to represent Garsh Investment [sic] in a matter concerning a foreclosure of property owned by Mr. Manuel Garcia. Vice Chair Carollo: Move it. [later..] Chair Sarnoff All right, RE.7, we have a motion by Commissioner -- the Vice Chair. Is there a second? Commissioner Gort: Second. Commissioner Dunn: Second. Chair Sarnoff Second by Commissioner Gort. Anybody wishing to be heard on RE.7 from the general public, please step up. Hearing none, seeing none, coming back to this Commission. Any further discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY CONFLICT OF INTEREST THE LAW FIRM OF COLE, SCOTT & KISSANE P.A. MAY HAVE, IF ANY, TO ENABLE IT TO REPRESENT THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY, IN PROCEEDINGS FILED BY MILAN INVESTMENT GROUP, INC., IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, CASE NO.: 08-77800 CA 08. 10-01402 Summary Memorandum.pdf 10-01402 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) Sarnoff, Carollo, Dunn II and Gort Absent: 1 - Commissioner(s) Suarez R-10-0563 Chair Sarnoff Okay, RE.8. Julie O. Bru (City Attorney): RE.8 is a similar matter. This involves waiving any conflict of interest to enable the law firm of Cole Scott & Kissane to represent the Miami Downtown Development Authority in proceedings filed by Milan Investment Group. The law firm presently represents the City on a couple of litigation matters and we are recommending that it -- that the conflict be waived so that they could then represent the DDA (Downtown Development Authority), which is a separate legal entity. Chair Sarnoff Okay. Is -- let me -- is there a motion? Vice Chair Carollo: So move. City ofMiami Page 69 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Chair Sarnoff Motion by the Vice Chair -- Commissioner Gort: Second. Chair Sarnoff -- second by Commissioner Gort. Let me open it up to a public hearing. Anybody wishing to be heard on RE.8, please step up. Hearing none, seeing none, coming back to this Commission. Any discussion, gentlemen? Vice Chair Carollo: Mr. Chairman, just real quick. Just with an abundance of caution, I know the firm that I am employed by has done accounting work for this firm, Cole Scott & Kissane, in the past. I don't know if we still do or not, but just with an abundance of caution, I just want to put that for the record. Chair Sarnoff Okay. All in favor, please say "aye. The Commission (Collectively): Aye. RE.9 RESOLUTION 10-01010 Community A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Redevelopment ATTACHMENT(S), ACCEPTING AND ADOPTING THE BUDGETS OF THE Agency (CRA) 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 Dunn II, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Dunn II and Gort Absent: 1 - Commissioner(s) Suarez Chair Sarnoff All right, RE.9. Commissioner Dunn: Mr. Chairman. Chair Sarnoff Yes, you're recognized. Commissioner Dunn: Want to move to continue that. Vice Chair Carollo: Second. Chair Sarnoff All right, we have a motion to continue and a second by the Vice Chair. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Continuance would be when, gentlemen? City ofMiami Page 70 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 DI.1 10-01355 City Manager's Office Vice Chair Carollo: The same like meeting. Chair Sarnoff Okay. END OF RESOLUTIONS DISCUSSION ITEMS DISCUSSION ITEM DISCUSSION CONCERNING THE PRIORITIES FOR THE CITY'S 2011 STATE LEGISLATIVE SESSION. 10-01355 Summary Form.pdf 10-01355 Legislative Priorities. pdf 10-01355-Submittal-Legislative Priorities Addendum. pdf DISCUSSED Chair Sarnoff. Okay, we have gone through -- Oh, DI [sic], D1.1 [sic]. Mr. Mendez [sic], you're recognized for the record. Kirk Menendez (Intergovernmental Affairs Liaison): Good afternoon, Commissioners. My name is Kirk Menendez, with the Office of the City Manager. Before I commence, I'd like to pass out an addendum to the priorities. You have before you the proposed state legislative priorities for the City ofMiami. These were compiled after a series of meetings with departments and district offices. Several City departments submitted issues that they felt that were of concern and importance to the City and our residents, as well as the district offices. A few weeks ago, I had meetings with representatives from your offices, plus department directors, with our state lobbyists, and that's how we came about this list. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff. You're recognized. Vice Chair Carollo: Who from my office did you meet with, Mr. Menendez? Mr. Menendez: At the meeting with the lobbyists, you were present. At the meeting where we discussed the issues before us and we had an opportunity to meet and speak in the Manager's conference room a few weeks ago. Vice Chair Carollo: I remember that, but I don't recall the street naming that -- or in my district andl wasn't aware of. Mr. Menendez: They were submitted to me in part by the Mayor's office and also representatives from another district office. Vice Chair Carollo: I understand that. But I think, as the district Commissioner in that area, at the very least there should be a courtesy to me to let me know that we're considering, you know, putting these as our legislative priorities. I mean, wouldn't you think? Mr. Menendez: I agree completely. It's an oversight on my part andl apologize for that. The issues of greatest importance at least in terms of priority this year is the discussion in Tallahassee will be pension reform. Our position will be to monitor any developments regards to pension and retirement reform in Tallahassee. The other is Medicaid. There's an over $2 billion City ofMiami Page 71 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 shortfall. So the Legislature -- though there aren't bills drafted yet for the 2011 session as it anticipated, it will be a hot, important item affecting many of our residents and residents throughout the state of Florida. In addition, another item that's important to Commissioner Suarez's district is assisted living facility security, then concerns in terms of some of these facilities and their patients not having the property security for their own protection and for better control with regards to residential neighborhoods. The addendum that submitted has two items; one I'd already mentioned is Medicaid. The other is Wagner Creek and Seybold Canal. It's been an ongoing issue, a concern for the City, the County, and all concerned. And our request will be to go to Tallahassee and request up to a million dollars in funding from the State of Florida for assistance for the environmental cleanup of these bodies of water. This is just the first step. There'll also be a request at the federal and local level, but we're seeking your approval to proceed with requesting fundingfrom the State of Florida. The other issues, transit surtax. There's been some ambiguity since legislation passed last session, so the City is seeking some clarity with regards to its relationship and the monies that it receives from the surtax. And the other of great importance is the local fuel tax option, which we are seeking clarity on how we can use those funds, the allowable uses. There's conflicting attorney general opinions on the issue, so our staff and department representatives feel that it's of great importance for the City in order to use those funds, how they can use them properly and within the statute. If you have any questions at this time, I'd be more than happy to respond to any of your inquiries. Chair Sarnofff. Anybody have any questions? Any comments? Commissioner Gort: The attorney. Julie O. Bru (City Attorney): I just wanted to put on the record that I think we had sent a request for an amendment to 76828, the wrongful -- to conform the statute of limitations for wrongful death -- Mr. Menendez: Yes. Ms. Bru: -- for governmental entities -- Mr. Menendez: That's -- Ms. Bru: -- be the four years as opposed to the two years. I don't -- Mr. Menendez: Yes. Ms. Bru: -- see it in your list so -- Mr. Menendez: That's true. That was submitted and I'll add it to our list. One thingl want to make clear for the City Commission, andl mentioned it last session, is that this list is sort of a list that will grow and shrink depending on issues that come up. So as we move forward, I just want to make sure everybody's on the record understanding that we will be adding items of concern as they come about leading into the legislative session, but I agree with the City Attorney. That item was presented and we will include it in the package. Chair Sarnofff. I'm not -- you know, Madam City Attorney, I'm a little lost. I don't know the issue. I'm just curious. Ms. Bru: The -- right now the statute of limitations for wrongful death actions against private individuals is two years. However, because of judicial interpretation, the statute of limitations in wrongful death actions against the government, City ofMiami, governmental entities, is four years. So it puts us at a disadvantage versus the, you know, general statute of limitations. City ofMiami Page 72 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 M.1 10-01372 Chair Sarnoff So you're trying to get it back to two years? Ms. Bru: To the two years, to be consistent with what the general public, you know, would be subjected to. Chair Sarnoff Okay. Mr. Menendez: Okay. Chair Sarnoff All right, thank you. Any other ques --? I'm sorry. Any other questions? Thank you. Mr. Menendez: Okay, thank you. END OF DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING MAYOR TOMAS P. REGALADO'S APPOINTMENT OF TONY CRAPP, JR. AS CITY MANAGER OF THE CITY OF MIAMI, FLORIDA. 10-01372 Legislation. pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort R-10-0536 Chair Sarnoff Mr. Mayor, I think we're going to take your issue up first. M.1, gentlemen, page 25. Mayor Tomas Regalado: Good -- thank you. Thank you very much, Mr. Chairman, Vice Chairman, Commissioners. This morning I am presenting an item for your consideration and vote. It's a resolution of the Miami City Commission approving Tomas P. Regalado's appointment of Tony Crapp, Jr. as City Manager of the City ofMiami, Florida. Before I speak on this issue, I would like, first of all, to thank Carlos Migoya for the work that he has done. It has been almost a year since Carlos came in and what a year, the year of the budget. You know, the Chinese have the year of different animals, but we have the year of the budget. And not only he guide us through a very difficult budget, but also during that process Carlos help the City to have a more professional staff and a different culture of work. And we are proud to say that this year -- this coming year we will have a much stronger structure and most transparent Administration, and for that and for many, many reasons we want to, Carlos, thank you. Applause. Chair Sarnoff Mr. Mayor, would you mind if any of the Commissioners had anything they'd like to say? City ofMiami Page 73 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Mayor Regalado: Absolutely. I think it's important that -- I mean, this is not going to be the only recognition, but it's important since this is the last Commission meeting and, you know, we are proud to have Carlos sitting there in this Commission meeting, which is the last of the year. So I will be very happy to -- Chair Sarnoff. Let me -- Mayor Regalado: -- listen to the Commissioners. Chair Sarnoff. -- start with the Vice Chair. Vice Chair Carollo: Thank you, Mr. Chairman. First of all, I'd like to say, very simply put, thank you, Mr. Manager. The truth of the matter is you are the epitome of a public servant. You know, I've seen many people apply for jobs in the City ofMiami, and many times I see "what's in it for me?" They see sometimes what seems to be very high salaries and they think, shoot, if I get my foot in the door, you know, in the future I could make X'amount and pensions and so forth, and you actually came here without pay and you really put your heart into it, you really worked with all of us, andl truly, from the bottom of my heart, appreciate that. I am going to miss those financial chess matches we used to have, andl say that because I knew at the end, both of us knew that what we wanted was the best for the City and to move forward. So I will admit, I will confess that I'm going to miss those educated financial brain chess matches that we had and so forth to move this City forward. Andl truly wish all the best for you in your future endeavors. I know you've worked for close to a year with no pay, andl know that most people couldn't do that, first of all, let alone continue to do something like this for no pay. So realistically, I wish you all the best and thank you for all the work that you've done. Chair Sarnoff. Commissioner Gort. Applause. Commissioner Gort: May I speak? When I was told that Carlos Migoya will be coming over, I knew we had an excellent individual, individual that loves the City ofMiami. He's part of us. He's part of the history of this City. Andl drafted him as a board member for the Downtown Development Authority at that time. And the work that he did, it was tremendous. At one time we had to challenge how do we bring people to downtown, to move and live in downtown Miami. The number -one question was we need to create a school. The school system did not have a school. Well, we created a charter school right next to the police station so we could attract people to downtown Miami, and he was instrumental in getting that done. So I knew once we get Carlos Migoya in here, the problems that we had, he'll work on it. He's not a miracle worker, but he did a great job. What I respect the most is he didn't play games. He didn't play politics. A lot of times people do. He was straight and he was straight with each one of us. And whenever we ask a question, if he had the answer, he'll give it to us right away. If not, he will look for the answer immediately or send the person responsible. Carlos, it's always a pleasure working with you. You're not only City Manager; you're a friend. We go back a few years. And we're not going to leave you alone. I mean, we're going to continue to pick your brains. Thank you very much and may God bless you. Andl know you're going to do well. Thank you. Applause. Chair Sarnoff. Commissioner Dunn. Commissioner Dunn: Thank you, Mr. Chairman. Mr. Migoya, Mr. Manager, simply put, you were the right person at the right time for the right job. Managing is multifaceted. It is composed or comprised of administrative, personal -- 'cause you have to have administrative City ofMiami Page 74 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 skills, you have to have personal skills. You have to understand the cultural environment in which you're serving or managing, and it is political, not saying that you are political. But you have to understand the politics surrounding the job that you're serving and how to balance all of that and navigate all of that. You avoided -- here's the part that really is the kicker, without pay. All of those could be gain breakers, and so I salute you. I honor you. Even here recently, you could say, you know, I'm out of here. The heck with it. Y'all handle it. But you want to leave the City in good shape, andl have to say this, it is in much better shape because of you. And that's always been my prayer in anything that I'm involved with or anyone that I'm involved with. Has there been a difference or have I been able to make a difference. And you have made a tremendous difference in the City of Miami. Thank you and God bless you in your future endeavors. Applause. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. I'm not sure what to say after all of the beautiful words that my colleagues have expressed. They've expressed it extremely well. I can say that this was a very, very difficult year, and you had to balance some incredible objectives and you had to make incredible decisions, and you led and guided in a courageous way. You showed your wisdom and your knowledge time and time again. You worked tirelessly. I remember seeing your car on days that I would leave and when I got here, it was always here and that always astonished me. Obviously, we talk about the fact that you didn't get paid, but it wasn't only that you didn't get paid. It was the fact that you worked as if you were getting paid two or three million dollars. I mean, you worked tirelessly, andl think that's what was needed to get us to where we are. And obviously, I share the Vice Chairman's sentiments that we're going to miss you next year. We're going to miss your leadership, but we thank what you have -- we thank you for what you have taught us and what you've taught our new incoming City Manager. God bless you. Applause. Chair Sarnoff Well, words don't usually fail me. I met two great people in my life, Jerry Spence, who, most of you know, is the lawyer who wore the cowboy hat, and had the opportunity to be trained by him. And I've had the opportunity to be trained by Carlos Migoya, who is as great a man as I've ever met in my life. Andl don't think many people will understand or realize the impact you had for a lot of people sitting on this dais's life, but more importantly, the impact you had to many Miamians. I don't know if history will record it or how it will record it, but for those who do take note of history, if it weren't for you, none of us would look half as good as we did this year. And you were a sword and a shield when it needed to be. And to say you're going to be missed would be one of the grossest understatements that could be made. I almost feel like putting your chair up on a pedestal and keeping it there so we can always look and say what would Carlos do. What you did for the City ofMiami was unselfish. The way you see the City of Miami is unselfish. You're a man of courage. You're a man of honor. And you're a man of integrity. And you don't find that very often these days. I know you're going to move on from here, andl hope you move on to a job to continue to help the citizens 'cause most men in your place simply ride off into their horse, find the next big pay job. And you certainly deserve to do that. But your work is not done in South Florida. You've learned much in your travels. You've been to New York. You've been to other parts of the world. You started out as a worldly man. South Florida really needs you. We all need to learn from you, if we're going to be Ameritocracy. If this City, this County is going to be Ameritocracy, which is the only way we will ever be a great place to live and one that would be a beacon for everyone, for all of Latin America, for all of South America to look at, it is going to be through leaders like you who never look at anyone in terms of race, creed, or color. You simply look at a man or a woman and you say are you good and can you get the job done. And that may sound like a simple statement and City ofMiami Page 75 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 it may seem utterly unimportant; it is the foundational blocks of America. It is how you get rid of any kind of bigotry or racism, simply by making something into Ameritocracy. You are the greatest man I've ever met in South Florida and for that, I will miss you sorely. Thank you. Applause. Mayor Regalado: Thank you, Mr. Chairman, Commissioners. I have a dollar here, but I don't know ifI should give it to Carlos. Because you see, the media has been saying he's been working for a dollar a year, but he's -- I saw the legislation. We check. It's only a Blackberry. But since it's been published time and time and time that Carlos is working for a dollar, I rather pay him the dollar so we don't -- Applause. Mayor Regalado: And he took it. Commissioner Gort: Of course he's going to take it. He's a banker, what do you expect. Mayor Regalado: But you know, what the people don't know is how much money he has spend in pizzas and luncheons during all summer, Saturdays and Sundays, for Commissioners and attorneys and all that. So it's not only his time, it's not only his work; it's -- he has been a friend, and am proud to call Carlos Migoya my friend. And don't worry; we'll be calling on you anyways, but I think it's important. I think that your resume will have to say an important line, "Help fix the City ofMiami, " and that's, I think -- as a City ofMiami resident, we thank you, Carlos, again and again. I am -- so I'm presenting to you for your vote, Commissioners, a resolution of the Miami City Commission approving Mayor Tomas Regalado's appointment of Tony Crapp, Jr. as City Manager of the City ofMiami, Florida, effective January 1, 2011; whereas, pursuant to Section 4(g)6 of the Charter of the City ofMiami, Florida, as amended, the Mayor is required to appoint the City Manager, subject to the approval, within 14 days, of a majority of the City Commissioners then in office; and whereas, on December 16, 2010 Mayor Tomas Regalado appointed Tony Crapp, Jr. to assume the duties of the Office of City Manager of the City ofMiami, Florida, effective January 1, 2011; and whereas, the City Commission wishes to approve Mayor Regalado's appointment of Tony Crapp as City Manager of the City of Miami, Florida; whereas, a compensation package for Tony Crapp shall be approved by separate resolution in the January meeting after consulting with the members of the City Commission. This is the resolution. I would like to say something about Tony. I know that all of you have met one on one with him about this issue, and of course, throughout all these years in many issues. I can tell you that of all the executive in the City ofMiami, the person with most experience about and in the City ofMiami in terms of how the City functions is Tony. He has been working the quality of life issues and citywide issues for the last 15 years, first in District 4 and then in the Mayor's office and then as an assistant City Manager. And what can tell you is that this Administration, with Carlos Migoya, has -- and this Mayor, I believe -- we have established the best relationship with the City Commission that I can remember, since I have been here for all these many years, and we will continue that relationship. It's important to have, now that we have work on the budget and solve some of the bigger issues, a person that understands the quality of life; that understands how long it takes to fix a pothole because this is important for the resident. It is important for the Commissioners. But that can also understand dealing with the unions and the different communities in the City ofMiami. So I believe that with what Carlos has left in place in terms of executive team, Johnny Martinez as assistant City Manager, Luis Cabrera as assistant City Manager, and department director that he has brought in, with the new Manager we can do more for the residents of the City ofMiami. This year should be -- this coming year should be the year of quality of life, of achieving projects, because last year you all were overwhelmed by what happened with the budget and with the unions, but we have to get on with the work for the people ofMiami. And this is my commitment to you and I'm sure that this is the commitment of the new City Manager, if you approve it. So with that, I ask you to consider City ofMiami Page 76 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 and vote on this resolution. Commissioner Gort: Okay. Chair Sarnoff. Is there a motion? Commissioner Suarez: Move it. Commissioner Dunn: Second. Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Dunn. Discussion, gentlemen? Vice -- Commissioner Dunn: Yes. I -- Chair Sarnoff Well, go ahead, Commissioner Dunn. Commissioner Dunn: First of all, we just applauded and honored an individual in the personage of Carlos A. Migoya, who demonstrated the epitome of public servant hood. There were questions prior to his appointment. Well, you know, he's in banking, and has a tremendous banking career. But he's never dealt in a political forum, in a political sector. And Mr. Migoya's recommendation came from our Mayor. IfI had to put it in plain English, Mr. Mayor, it was a grand slam. I don't see no reason now why we should not continue to trust the judgment, the leadership, the recommendations of our Mayor, who, as you've seen from day one, said to the residents of the City ofMiami that this would be an administration that would be transparent, that would be fair, that would be open to the community. I would be remiss ifI did not say to the Mayor and to this Commission over 40 plus years ago, one of the greatest orators, one of the greatest humanitarians in that higher echelon with the Jose Martis and the Toussaint L'Ouvertures, and all of the those great individuals -- Mother Teresas -- a gentleman by the name of the Reverend Dr. Martin Luther King, Jr. said that he had a dream that one day this nation would not be judged by the color of their skin but in fact by the content of their character. I think this is one of those moments in history. Mr. Crapp, Tony has demonstrated, worked alongside the Mayor from a Commissioner standpoint, moved up to the chief of staff from Commission to the Mayor's office chief of staff, assistant City Manager, last but not least, deputy City Manager for most of his adult life, if not all of it. This is a wonderful opportunity not just to say to the residents of the City ofMiami, not to say just to Miami -Dade County, South Florida, the world, that Miami is one of those cities -- this City Commission, this Mayor -- is an opportunity, a land of opportunity for anyone who meets the criteria and the qualifications . And so, again, I honor you, Mr. Mayor. I honor this Commission. I believe in the Mayor. I support the Mayor. And he already hit one grand slam. What's wrong with him hitting another? I support your recommendation. Chair Sarnofff. Commissioner Gort. Commissioner Gort: I have to tell you, I'm going to have a item that I'm going to bring up in discussion in DI (District 1), where we're going to be addressing some of the changes that I believe it needs to be done in the culture of the Administration andl think Carlos has done quite a bit of it. I've had several meetings with Tony. We address some of the issues that I'm going to be addressing later on. At the same time, while he was working as assistant City Manager, every time we called Tony, we brought him in. We presented a problem. He tried to come up with a solution, and he worked with Administration and he worked with the Commissioners to make sure that he could get the solutions. I think we got to trust the Mayor. He is the Mayor's appointment and I'm all in favor of it. I think that Tony's been in the City long enough, like -- I'm sure a lot of the Administration here gets a lot of e-mails (electronic) from my office. And one of the reasons we send so many e-mails is because I have the staff one person, Frank Castaneda, City ofMiami Page 77 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 who's been here all his life. He knows quite a bit about the City and everything that taken place within the City. Andl think we need a person that's been involved with the City for a while in all the different levels, as the assistant administrator, chief of staff, as the quality of life, and also, at the same time, as the assistant City Manager. For that reason, I will approve him. Chair Sarnoff Anyone else wishing to speak? Commissioner Suarez: Thank you, Mr. Chairman. As I said many, many times before when we've discussed changes, transitions in leadership, that I'm a very big proponent of granting a wide, wide amount of discretion in the person who gets to choose their leadership team and their leadership structure, and you know, I don't think this is any different. The Mayor's -- one of the Mayor's biggest decisions is choosing a City Manager who essentially runs the City government, so you know, I think broad latitude is what is my personal philosophy because at the end of the day, the Mayor, obviously, he's the one who has to account himself for the voters and so he should be given the person of his confidence and a person of his comfort. I've worked with Tony since I've been elected and Tony has -- well, I should say, Assistant Manager Crapp has always demonstrated to me that he's someone who is transparent, who listens; he's someone who, as the Mayor said, gets things done and gets things accomplished, andl think that's an incredible quality; someone who understands what it is to be a Commissioner and to come from a Commissioner's staff andl think that's a huge benefit for all of us as Commissioners, that we have someone who essentially has worked as a Commissioner's aide, as a chief of staff, and understands what are the demands that our constituents place on us. So I wish him the best. I enjoyed very much having my individual conference with him. Andl told him that as a young Commissioner, I'm sure there's many, many people that will maybe doubt and place doubts on him because of his age, but I told him that for me and for him, I'm sure, it's only a challenge and a driving force. So I wish him the best, and he knows that I have -- that he has my support and it's going to be enjoyable to work with him this upcoming year. Thank you. Chair Sarnoff Vice Chair. Vice Chair Carollo: Thank you, Mr. Chairman. And I may go slow 'cause after I met with Mr. Crapp -- and it's actually hard for me to say Mr. Crapp 'cause I've known him for so many years and it's always been Tony to me -- I wrote down some notes and so forth, so I may go a little slow. First of all, I'd like to say that knowing Mr. Crapp for so many years, I will admit I like him andl think he's a very good man. At the same time, I do have a fiduciary duty to this -- to the residents of the City ofMiami. Andl der in opinion a little bit with Commissioner Suarez. The way I see it is the Mayor's accountable, but so are we, each Commissioner. And all really want to do is elaborate a little bit on what I spoke with Tony yesterday and just some of my concerns. I think we could boil it down to three major concerns, and I'll just continue with it. The first one is yes, I have a concern with the City's finances. The best analogy thatl can use is when your car breaks down and you take your car to a mechanic and he tells you you have to change this part, you have to change that part, you have to replace this and you have to replace that, unless you have some knowledge of the parts that need to be changed or not or what have you, the truth of the matter is you're somewhat blindly taking the mechanic at his word. And my concern is that the mechanic's word then comes to this Commission for a decision. And we are told, Commissioner, we have to pass this. If not, the City goes under. That puts a large burden on this Commission. I think to myself, instead of reasonably relying on the numbers given to us to make an educated decision, am I going to have to spend a mammoth amount of time and work because I may think or know that ifI don't, no one's really going to challenge the CFO (Chief Financial Officer) to keep him honest? Not to mention that we may -- andl say may -- be fostering a system where we put a lot of power on that one person and -- how do I put this in a diplomatic, nice way -- that person may have us maybe by a body part that may quite honestly hurt. With that said, you know, I actually would like to ask Mr. Crapp a question, if possible, and I'm not going to put you on the spot. Andl will not ask a question on what would you do. I'm going to ask the question of have you thought about it. City ofMiami Page 78 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Tony Crapp, Jr. (Deputy City Manager): Okay. Vice Chair Carollo: I think it's a scenario that is not far-fetched and realistically could put the City in a very precarious financial situation. So again, I'm not going to put you on the spot. I'm just going to mention have you thought about this scenario? Mr. Crapp: Tony Crapp, Jr., deputy City Manager: Yes, sir, Commissioner, I have thought about that. Vice Chair Carollo: More specifically, have you thought about should any of the unions, more in particular, the fire union, win their lawsuit, what could happen to the City financially; that we possibly may have to go to the Governor and request or file for a financial emergency? Mr. Crapp: Commissioner, the Manager andl have had many conversations about the issues surrounding the unions and I'm well versed on those issues and I've considered all the possible scenarios. Vice Chair Carollo: Thank you, Mr. Crapp. 'Cause as you know, I, this Commission, along with the City Manager, the Mayor, have realistically put a lot of time and effort into the finances and I don't want anything more than to be able to move forward in a positive light. The second concern that have -- and to be honest with you, I am quite aware that am not the best politician. And most people will tell me, Frank, keep your mouth shut and look the other way. But knowing that I'm not the best politician, I still feel that need to ask because I keep hearing the rumor mills and a lot of mention about -- that you're going to end up being a puppet or a yes man for the Mayor. That has been said, andl want to give you the opportunity to address that, and by all means, with all due respect to the Mayor because the truth of the matter is, the Manager does also respond to the Mayor as well as us. So I want you to respond to that because, you know, I keep hearing it, you know, and the rumors, even though I don't pay too much attention to the rumors. But I think it'll be good for you to address that. Mr. Crapp: I appreciate that, Commissioner. As I said to you yesterday, I've been committed to the City my entire career. But prior to that, coming to the City, I saw my own father present items to the Commission, andl mentioned that to you. And I've been instilled with the type of mentality thatl will not be a puppet for anyone. I would not apologize to anyone for my relationship with the Mayor because I have a excellent working relationship with the Mayor and that's the relationship that has developed over the past 15 years. I started here right of out college at age 23. But if I'm ever in a position that I feel like I am not the Manager who makes every decision, then that will be my last day as Manager, andl don't foresee that coming ifI am confirmed. Andl appreciate the opportunity to respond to that question. Vice Chair Carollo: I appreciate that, Mr. Crapp, because it's something that, you know, is a major concern, as my second concern that I mentioned. And actually, I've given a lot of thought to this because I read in the newspaper that the Mayor needs someone he can trust and it's a valid argument. And then I went on to saying, what's the definition of trust. Is trust I trust that this person is the right person with experience or just, simply put, the best person to move this City forward, or I trust that this person would hire and fire whoever I choose without challenging me or without giving me any problems? And although I will agree that right now you have the majority of the members of this Commission, including myself 'cause I'm going to give you an opportunity, you know, so you -- I foresee you having a unanimous vote here. That does not mean -- andl think we've both experienced that this is the magic city, and you never know when four stars could align and head a different direction. So I appreciate you addressing that because I want to make sure the rumors are put to rest and whatever has been said or not said is put to rest andl thought it's important for you to answer that. City ofMiami Page 79 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Mr. Crapp: No. I appreciate that again, Commissioner. And like I said, ifI am given the opportunity to serve as Manager, I will be held accountable. I've been here long enough to see dozens of City Managers come and go. And when I am not performing to the standard that I need to, then my tenure will end also. But in every position that I've held throughout the City, I've excelled at that position because I'm very serious about the challenge that undertake andl welcome that opportunity andl wouldn't have it any other way. Vice Chair Carollo: My last -- my third and last concern. Mr. Crapp -- and again, I hesitate 'cause -- Mr. Crapp: As Tony. Vice Chair Carollo: -- I'm used to calling you Tony. We've had a friendship for many, many years -- deals with my constituents. As you know, we all have to answer to our boss or bosses, andl am very clear who my boss or bosses are and, therefore, I want to bring this on the record. It's actually a conversation that I had with the current Manager and the previous Manager. It deals with Section 4 of our code. And I've actually had spoken with the City Attorney for quite some length about this and I'm -- and more particularly is when constituents call my office because of a pothole, garbage not being picked up, andl could just go on and on and on, do -- must we have to send you the mammoth amount of e-mails or relay the mammoth amount of calls directly to you or can I or anyone from my staff actually call that department and say, hey, the trash hasn't been picked up; be aware of it. Hey, there's a pothole here. Is it possible for Public Works to go out there and take a look at it and so forth. And that's the type of relationship that had with the previous -- well, still the current Manager and the previous Manager, andl want to make sure that that can continue because it's very important to me. And as a matter of fact, I even would like, you know, the Madam City Attorney, if she could chime in and make sure that we're doing everything according to the rules because my intention, realistically, is to provide the service that the residents ofMiami is expectant of us and more particular of me. So Madam City Attorney. Julie O. Bru (City Attorney): Mr. Vice Chair, the Charter of the City ofMiami provides for a form of government -- that's the Mayor, City Commissioner form of government. City Commission is the governing body. You have the authority to legislate, adopt policy and law, and the Mayor is the chief executive officer. He is the head of government. And then the Charter also gives specific powers, authorities, and duties to the City Manager. So even though the Manager is selected by the Mayor and approved by you, each of these three parts of our government have discrete functions and duties. Now there is a provision in the Charter that's very strongly worded that says that the Mayor and the Commissioners shall not deal directly with the administrative staff and that the Mayor and the Commissioners are prohibited from giving orders or direction to the administrative staff, that the Mayor and the Commissioners can only deal with the administrative staff through the City Manager. But in my opinion, it begs for interpretation because of the complexity of government and the size of our workforce. We have in excess of 4, 000 employees. This is a huge city and you have districts, and it is your role and function and purpose for being elected to serve your districts; and clearly and reasonably, you cannot rely on one person to have all communications and all the information that you're obtaining from your constituents addressed. So in the past what I have opined is that it is lawful for the Manager to, by policy, practice, custom, delegate to his personnel, his key personnels [sic] with all the professional experience that they have and the technical expertise, the responsibility to address the concerns that you have that you've received from your districts. So is it permissible and lawful for you to forward to, let's say, the department -- the director of Solid Waste a complaint about garbage not being picked up on a daily basis, timely basis, whatever? I opine that it is. Would it be permissible for you to tell the chief of Solid Waste, you have to right now go to this address and pick up the garbage -- Commissioner Gort: There's a difference. City ofMiami Page 80 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Ms. Bru: -- I would say it is not. So I think that you do need to individually work out a protocol with the new Manager as to how you're going to address these issues. And think as long as you go, you know, through the Manager, through the Manager's delegating to key personnel in his staff the responsibility to deal with the issues that come up on a daily basis, you would not be in violation of the Charter. Vice Chair Carollo: And with that said, you do not foresee a problem with someone from my staff contacting Public Works, I don't know, any other department when there's issues? For instance, a crack house or a house that's -- you know, it is perceived to be selling drugs, contacting the police chief or a major or the resource officer and saying, listen, we're getting complaints of this, you know, house that's selling crack or selling drugs or so forth. You know, when -- you know, could you take a look at it and so forth. And this is something that we've discussed in length and so forth because -- and I'm bringing it up 'cause I want it on the record 'cause there's a lot of -- there's really a lot of misinformation of what we can and cannot do and so forth. And the truth of the matter is, I really believe in my fiduciary duty to the residents of the City and that's why I want to bring it out here in the open, transparency, so I can make sure that I could be the Commissioner that everyone's expecting me to be. Mr. Crapp: Thank you, Commissioner. Without a doubt, I could tell you that that will not change. IfI didn't have expertise in constituent services, I wouldn't be here before you. I actually challenged the same issue that you raised as the Mayor's chief of staff when he was in the District 4 office. That absolutely will not change. As a matter of fact, we will enhance things so that there's more communication. Andl think in the departments thatl oversee, especially Solid Waste, you can see clear examples of that continuing to be done as you stated. So without a doubt, that will not change. Vice Chair Carollo: Thankyou, Mr. Crapp. I will be supporting you. And llook forward to working with you. Just again, I put it for the record to make sure you understand my concerns and so forth and we can move forward, but I look forward to working with you. Mr. Crapp: Thank you. And please don't hesitate to call me Tony. You don't to change or adapt. Vice Chair Carollo: Thankyou. Mr. Crapp: Things are the same. Thank you. Commissioner Gort: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Gort: Just in addition, my understanding it's always been, as long as you -- you can send a complaint as long as you don't tell them what to do. So that's the practice that we've had all the time. Every time we get a complaint, we forward it to the agency responsible for it. And I'm glad you asked that question. Vice Chair Carollo: And Mr. Chairman, ifI may. I'll tell you what have done and this is how I worked with the previous City Manager and with the current City Manager. When we received complaints and so forth, yes, we usually go to the department heads and so forth. Should it be taking too long or should the issue not get addressed or so forth within a reasonable amount of time, we actually make contact with the City Manager and his staff and go forward with that and say, listen, this is what has occurred and so forth, can you help us because we haven't, you know, received what we believe is reasonable amount of service. And that's what I have done in the past. But again, I wanted it for the record to make sure that I'm not violating any rules, any City ofMiami Page 81 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 laws, the code; and again, I can be the Commissioner or supersede the Commissioner that everyone's expecting me to be. Thank you. Chair Sarnoff Just on that note -- andl know Commissioner Suarez, being an attorney andl know he has -- an attorney who's extremely interested in this issue because of what happened with your father. This is something I've studied a great deal and maybe to help some of my fellow Commissioners. If you are speaking to someone other than the City Manager, you always want to end that conversation with a question mark. If you're not ending it with a question mark, you're going to have an issue. When you decide you're going to direct something, you have -- we direct what, four people? We direct the City Attorney, we direct the City Manager, we direct the City Clerk, and we direct the office of inspector -- our inspector. Those are the four people we're entitled to direct. We can -- everything else should, gentlemen, end in a question mark, without a direction. Because as you all know, e-mails are extremely open to a Chapter 119 request, and you simply don't need to expose yourself, andl think that exposure could be personal, and I'll leave that to the City Attorney. So if you're not ending it in a question mark, you should be then questioning yourself why it doesn't end in a question mark. And when you want to direct, you direct the City Manager; might want to carbon copy other people, but that "To" part in your e-mail should go to the City Manager. Your CCs (Carbon Copies) are simply notifications that you're directing the City Manager to do something. Andl hope, Madam City Attorney, that didn't overstep my bounds, but that's the practice of my office. Ms. Bru: Just a word of caution to the wise. You know, different personalities act differently. And you all have different members of your staff and some of the members of your staff are more aggressive than others. Some are more animated. Some are more diligent. Andl think that this is one of those issues that you need to monitor carefully because it can lend itself to being, you know, misinterpreted because of the level of enthusiasm, let's say, that maybe particular members of your staff may have about getting the work of your constituents done. So I do urge you to, right off the bat -- when you assume your new office, Mr. Crapp, is that you meet with each Commissioner and that you -- your protocol about how you're going to deal with your responsibilities is clearly understood by each of the Commissioners so that there's no misunderstanding, andl would be more than glad, you know, to offer myself and any members of my staff Maria Chiaro, who's very knowledgeable on this too, to help you to come up with a protocol that lends itself to being very, very responsive to the Charter. Thank you. Mr. Crapp: Thank you. Chair Sarnoff. All right. As probably being the second worst politician on this dais, I want to say to the Vice Chair, that took a lot of courage and it took a lot of courage to say the things you did because it only helps us in our deliberation, it only helps Tony. You brought out issues that concern you and it takes a lot of courage to do that andl think -- I want to recognize that courage. The two reasons I'm going to support Tony Crapp is 'cause he shares two qualities, and I think it's the two most important qualities that Carlos Migoya has: courage and integrity. Anything else can be learned. Anything else, you can surround yourself with good people. Now whatever your strengths are, Tony, we need to ride you for your strengths. Whatever your weaknesses are, you simply need to surround yourself with people who help whatever weakness you perceive that you have. Andl will tell you this, within this year your weakness should become your strength. That's how much earnest effort you should put into -- whatever you perceive you're not good at, make it -- this year, make it a learning experience to be the best at it than anyone's ever been, even better than him, you know. Andl mean by him, I mean Carlos A. Migoya. If you perceive a weakness, make it your strength. And I think you have the courage andl think you have the integrity to run this City. So I can support you and it's easy to support the Mayor. So with that said, gentlemen, any further discussion? All right, hearing no -- Mayor Regalado: Can I speak? City ofMiami Page 82 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Chair Sarnoff. Yes, Mr. Mayor. Mayor Regalado: Thank you. Andl want to say that really appreciate the questions and the concerns. I do want to say that the norm is for the Mayor to have a great relationship with the Manager and that is what I had when Carlos came in. That is what I have now. There is -- one day that -- in the morning, I can call him or he calls me, or he drops by the office; I go to his office, and this is the way that it should be. Andl don't have to approve what the Manager decides, butl can tell you thatl am always, always fully informed about his thoughts, his plans, his future decisions, and for that, I really appreciate it. And that's what we expect from the Manager, to consult with the members of the Commission, to talk to the Mayor, for the Mayor to talk to the Commissioners. It's the only way to function. There were years here in this dais where we got just something and we were told, Mr. Vice Chairman, you have to vote now or else, and we weren't brief we weren't consulted, and that has changed this year and it will continue to be implemented in the new management team. I think that corporation is a two-way street; andl think that if we ask you for your vote, we need to go to you, we need to explain to you -- and let me tell you. Back in the years there wasn't any Commissioner office that generated more complaints than our office, and Commissioner Suarez will tell you that because he knows the kind of people. And we did that. We always ended "can we help?" Can you do something, Mr. Public Works Director? Can you do something, Mr. Fire Chief? Can you -- can we help these people, Mr. Solid Waste Director? So it has been the norm throughout the years. Andl can tell you that we know how important is for a Commissioner to come through with one resident, only one resident. The most -- for me, the most horrible thing -- and I'm probably the third worst politician here -- is to get an e-mail or a phone call. I have called the Office of Commissioner Regalado andl have not had any response. That is -- that really challenges your responsibility to the voters. So I can tell you that our office, the Mayor's office, generates a huge amount of complaints to every department in the City ofMiami; that we make a lot of requests for information, so I understand the need. And Carlos has understood that since he came in because the first thing that I did when you all approved Carlos Migoya was to tell Tony, go with Carlos, tell him who is who, how the City works, you know, because -- andl think that because of that, he took Tony from our office, and we are very happy that he did because it was a good training. Would he be a puppet? Of course not. Number one, because in our Commission district office, Tony many times, many times told me, Commissioner, it was very polite; I don't think we should do that. When I was overenthusiastic and wanted to waive the rent for every organization and every park in our district, he say, well, Commissioner, we shouldn't do that. And so it's a relationship. I think you all have brought issues that are important. It's good to put it out there. But I can tell you, I have had trust in this Manager, Carlos Migoya, 24/7, and you know, the media has not questioned that. Andl can tell you that have developed a relationship with Carlos where we talk all the time, so we will continue talking all the time. I think that to have a conversation about every aspect of the City ofMiami is what is important. I am a full-time Mayor. I'm here all the time or outside. Andl am available all the time to talk, of course, to all Commissioners and, of course, to the City Manager. I just wanted to say that. Andl really appreciate the comments that you have made. Thank you. Chair Sarnoff All right. Gentlemen, any further discussion? We have a motion. We have a second. All in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. Applause. END OF CITYWIDE ITEMS DISTRICT 1 City ofMiami Page 83 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 D1.1 10-01380 COMMISSIONER WIFREDO (WILLY) GORT DISCUSSION ITEM DISCUSSION RELATED TO HOW MANY OUTSIDE CONTRACTS THE CITY HAS AND HOW THEY ARE SUPERVISED ESPECIALLY WHEN THEIR SERVICES INTERSECT DEPARTMENTAL LINES. ALSO, HOW ARE CONTRACTS THAT HAD THE LIVING WAGE PROVISION BEING HANDLED. 10-01380 Discussion - Outside Contracts.pdf DISCUSSED Chair Sarnofff. All right. We had the Mayor's MI item, and I think we have Commissioner Gort's D1.1 item. I'm sorry. You're recognized. Commissioner Gort: Oh, okay. Chair Sarnofff. Oh, I apologize. Commissioner Gort: (UNINTET,TIGIBT,F) in the time that I've been here, I've (UNINTELLIGIBLE) -- as we can see, a lot of -- we have a lot of directors in here. They're really doing their job in saving monies for the City ofMiami. As you can see the projections that we have for next year, we're looking at a deficit of twenty-one million dollars, nine hundred and something. And like it was stated before by the Manager, there's not much more that we can take out of the employers of the City, which it's very important that we look at the contracts and the outside work done by the City ofMiami. The one thing is -- andl don't want to go in the past. I think we need a new directions. I think we're changing the culture of the employees within the City ofMiami. And I'm just going to give you a couple of example. I think there's a need and -- when the new manager comes in, there's a need for coordination among agencies, the different departments. They've got to be talking to each other. And I'll give you a little example. We have contracts out and we like to know which agencies are responsible for supervising these contracts. Let me give you one little example. We're supposed to be paying for fumigation to take place at City Hall. My understanding in the time that I've been here, the person came in once because we sent an e-mail (electronic) requesting what was going on with that contract, andl don't think they ever return again, and I'm sure those people are getting paid. There's a lot of people that come in front of us and they low bid a lot of the RFPs (Requests for Proposals), they get the contracts, and then they committed to do certain amount of work, that work is not being done. Andl think we need to make sure that whenever we have a contract out, what's the agencies in charge of that contract and to make sure that that agency who's under that contract has the supervision to make sure they're performing the work that is being done. This is something that I would like to see done, and there's a couple of other examples that can bring up, like the -- we had the Capital Improvements does some of the work and once they finish the work, they turn it over to the agency that requested the work. We had the boat ramp that took place at Curtis Park, which we received the e-mail from CIP (Capital Improvements Program) that the work had been performed and it was ready to be opened. I announced it to the people because I had a lot of complaints. When I went by there, it was not open. It was still closed. The reason being that CIP notified Parks and Parks had to take -- make some changes and that's the reason why it was not opened. But we were not informed of those changes taking place. So I think this -- we need to have more coordination among our directors, and that's going to be the future City Manager's job. Andl think by doing so, our administrative -- and at the same time, we should look and see -- and some of this work that's being done outside, that somehow it might be able to be performed in-house at a lower price, get the maximum out of our staff. And this is just a recommendation we'd like to come up with. City ofMiami Page 84 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Chair Sarnofff. All right. I'd say, Mr. Manager, you understand, but -- Carlos A. Migoya (City Manager): We actually had a conversation with Commissioner Gort. He's absolutely right. One of the things we've been working for the last year is exactly on that, trying to have better communications between departments and -- as well as having responsibilities within departments when they're having any outside contract and being able to not only deal with those contracts but any complaints that they have to inform that back to procurement so they can deal with it as necessary, but that's an ongoing effort. The point -- the one he brought up about the boat ramps (UNINTELLIGIBLE). We probably should have had better communication between CIP and Parks so they would have been prepared in advance so it would have been a smoother transition on that particular item, but he is dead on track with everything he just said. Chair Sarnofff. Okay. Commissioner Gort: And by the way, this is not speaking against any of the department. I think the people we have are very professional. They're doing very good. I'd just like to see -- this is just news for the new City Manager to be looking at. Chair Sarnofff. Fair enough. END OF DISTRICT 1 DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF D2.1 DISCUSSION ITEM 10-01399 DISCUSSION OF NON COMPLIANT PARKING LOTS OPERATING IN THE CITY OF MIAMI, AND THE ENFORCEMENT OF THE CITY'S INTERIM PARKING ORDINANCE AND PARKING SURCHARGE PROGRAM. 10-01399 Discussion - Non -Compliant Parking Lots.pdf DISCUSSED Chair Sarnofff. All right, D2.1 is my discussion. It is a discussion about what is going to occur with the noncompliant parking lots operating in the City ofMiami. There have been a number of meetings at the CRA (Community Redevelopment Agency) level. I thought -- Mr. Mim [sic], I think you took the lead at those levels. I'd like you to tell everybody on the record what is going to happen to the noncompliant lots come January. Barnaby Min (Zoning Administrator): Mr. Chair, Barnaby Min, on behalf of the Office of Zoning. We actually had an internal meeting, I believe on Monday, with the relevant departments to discuss how we wanted to proceed. We're in the process of gathering the documentation to determine which parking lots do not have certificate of uses [sic]. The Department of Finance is in the process of determining which parking lots do not have occupational business licenses, and at that point, those will be forwarded to the Office of Code Enforcement, as well as the Police Department, for them to crack down on the noncompliant parking lots. Chair Sarnofff. I understood you to say by January, which I think the BTRs (Business Tax Receipts) are over -- do they come to a conclusion at a certain time? City ofMiami Page 85 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Mr. Min: I'm sorry? Chair Sarnoff I thought I understood you to say by January that something would occur. Mr. Min: We're ready to start. What happens is that the certificate of use renewals go out now because they expire on December 31. Chair Sarnoff Okay. Mr. Min: So they're renewed -- they're supposed to be renewed on January 1. Chair Sarnoff So my understanding is you will not give a new CU (Certificate of Use) if the person's not in compliance? Mr. Min: For an interim parking lot, that is correct. An interim parking lot does not get a certificate of use unless it comes in and applies for the interim parking lot permit, and then they receive a certificate of use solely for an interim parking lot. And unlike other types of parking lots -- or other types of businesses in the City ofMiami, those renewals will not be automatic because the interim parking lot has to apply every single year to show its gradual progression and compliance with the Miami 21 zoning ordinance. Chair Sarnoff So what we could say to the general public is if you're not in compliance by December 31, there will be an action taken against you if you are operating under an interim parking -- if you're operating as an interim parking lot? Mr. Min: Correct. In fact, as I've stated, I'm already going to forward to the Police Department and the Office of Code Enforcement probably tomorrow a list of parking lots that do not have valid certificate of uses [sic] as of today. And if they don't renew them by January 1, then they're subject to further enforcement and prosecution. Chair Sarnoff Okay. You're recognized, Commissioner Gort. Commissioner Gort: Are they paying their taxes? Mr. Min: I'm sorry? Commissioner Gort: Are they paying the taxes? Mr. Min: That -- it's part of the business tax receipt they would have to pay. Commissioner Gort: No, I understand, butt mean -- Mr. Min: But as far as the property taxes -- Commissioner Gort: -- the parking surcharge. Mr. Min: The parking surcharge, we have also -- that's another item that we discussed at our internal meeting. Before there were departmental approvals that were required before a permit was going to be approved and a subsequent certificate of use is going to be approved. We've now added the Department of Finance to the approval process to ensure if this is a prior existing parking lot, whether interim parking or for some other reason that they are compliant with their parking surcharge requirements. And if they're not, they will not receive an interim parking lot permit. They will not receive their certificate of use, and they will not receive an occupational license. They'll be shut down. City ofMiami Page 86 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Chair Sarnoff Okay. Go ahead. Commissioner Gort: That brought up a point, not with you all, but as -- the biggest problem that I had in my district is the ship terminal located on Northwest 14th Street and 22ndAvenue. We get complaints constantly. You got ships coming in there, the generators go on all night, and people cannot sleep. I get all kinds of calls, the police are there. These people have been operating without BTR for a year -- for years. And this is the type of thing we cannot permit. I mean, they're not complying with the ordinance. They're not complying with the laws, and yes, they're not paying for their BTR and they're still operating. I mean, if we allow that to continue, people are just not going to pay. I mean, somehow we have to take action with these people who do not comply with the law. Carlos A. Migoya (City Manager): Mr. Chair. Commissioner Gort: And it's revenue that we're losing. Mr. Migoya: We had a meeting with a lot of these people, especially the downtown illegal parking lots, and we basically gave them a warning and said effective January, we will be aggressively going after them. That's what we will be doing. That's the intent, and that's why Sergio Guadix is here with Code Enforcement to talk -- and to say that as well. And everybody's ready to make sure that we comply with the law. Chair Sarnoff And you know, you've been to many, many meetings with me where we've given people every opportunity in the world as best we can to come into compliance and explain the procedure, the practice, what they needed. Barnaby, you've taken them by the hand. Mr. Migoya: And -- Chair Sarnoff Sergio has taken them by the hand. Mr. Migoya: -- in fact, the parking operators have told us that we've been substantially way over accommodating to every one of them. So if anything, we have done much more than anyone else has done. So I think -- Commissioner Gort: Yes. Mr. Migoya: -- it's time that we can aggressively go after them. Chair Sarnoff Agreed. I just wanted to make it for the public so they understand. Thank you, Mr. Mim [sic]. Mr. Min: Thank you. END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ City ofMiami Page 87 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 D4.1 10-01373 D4.2 10-01374 DISCUSSION ITEM DISCUSSION RELATING TO NON-PAYING RECIPIENTS OF CITY OF MIAMI MUNICIPAL SERVICES. 10-01373 Discussion - Non -Paying Recipients of City Services.pdf DEFERRED Note for the record: Item D4.1 was deferred to the Commission Meeting scheduled for January 27, 2011. Chair Sarnofff. All right, District 4, you have two items. D4.1. Commissioner Suarez: Thank you, Mr. Chairman. I think I'm going to defer D4.1 because I just got the information today. I want to take a look at it and have a chance to sit down with you and talk about it. And there's some other things that have to do with that item that I don't have yet, so I think I'm going to defer D4.1 to the next -- to the second meeting in January. Priscilla A. Thompson (City Clerk): January 27. DISCUSSION ITEM DISCUSSION RELATING TO THE HOMELESS DISPLACEMENT IN THE CITY OF MIAMI. 10-01374 Discussion Item - Homeless Displacement.pdf 10-01374-Submittal-NET Document.pdf DEFERRED Direction by Commissioner Suarez to the Administration for the Police Department to keep him updated on the Department's efforts at developing strategies that address the issue of homeless displacement in the City ofMiami. Note for the record: Item D4.2 was deferred to the Commission meeting currently scheduled for January 27, 2011. Commissioner Suarez: And D4.2 has to do with -- if there's any representatives from the Police Department, maybe Major Caceres. Major Steven Caceres: Major Caceres, City ofMiami Police Department. Commissioner Suarez: Thank you, Major. What's going on with I guess it's the enforcement of the panhandling ordinance and the expanded panhandling zones is that we 're starting to see homeless -- people who are homeless in districts -- like District 3, District 4, where I'm receiving a high amount of calls from business owners in District 3 and District 4 regarding them seeing a higher activity of homelessness. I know in District 4 our burglaries on motor vehicles are up. Lewd and lascivious conduct is up. And there's just been a general uptick of homeless people in districts that are traditionally single-family neighborhoods. Andl don't know if it's based on enforcement of the panhandling ordinance or what -- andl know I wasn't here for those discussions, but you know, we don't have additional resources like other areas have to deal with that problem. And so I just want to bring it to the attention of the members of the Commission and see what their experience is and if they're dealing with any of these similar issues, and also discuss it with the Police Department to see if there's any ideas on how we can deal with this. I know you andl talk frequently on a case -by -case basis, but I'm just saying like generally as to City ofMiami Page 88 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 the problem itself. Major Caceres: Yes, Commissioner. One of the things -- one of the short-term steps that we've taken right now is that the Chief has authorized a two -man unit, whenever we have overlap officers in the morning shift, to work the south end just to deal with the issues of the panhandles [sic] and the homeless. Andl have Haydee Wheeler. She's had meetings with Sergio and she can elaborate. She's also put a team together to assist us in the south end, and they're going to do another count I believe in January. So we are aware of the issue. I receive the complaints myself, and we're meeting and trying to see -- strategizing what are the things that we can do. And something that Commissioner Gort brought up last time was the jail, the TGK (Turner Guilford Knight) being closed, we got more business, and it's only a bridge away from my district on 12th Avenue. They cross the bridge, and they're in Little Havana. So I do understand. Yes, I receive the same complaints you've received and we've been working and trying to strategize and try to see how we can work in the south district. But I'll let Ms. Wheeler give you a little more information with what she's done with Sergio and the homeless. Commissioner Suarez: Can you keep me updated on what your efforts are in terms of whatever strategies you come up with to deal with this issue? Because, you know, it's an issue that's occurring more and more in my district, and I'm getting calls from friends of mine who own businesses in both my district and in District 3. I don't -- the Vice Chairman's not here to talk about it, but I'm sure he's getting the same calls as well. Commissioner Gort: We do too. Commissioner Suarez: Okay. Well, there you go. So it's not only happening in my district. Haydee Wheeler: Good afternoon. Haydee Wheeler, director of the Neighborhood Enhancement Team. Commissioner, like you said, we have seen a shift of the number of homeless people within the City. And of course, the shift you'll see because when you add the Little Havana, Coral Way, and West Flagler, that added to 8.6 of the homeless population, and that was at the last count that we had 499 in the City; 499, and that was the last count. Commissioner Suarez: The last count had 499? Ms. Wheeler: Yes, throughout the City, citywide. Commissioner Suarez: Well, first, I want to commend the efforts of our Homeless Assistance Program because if we're at 499, that's almost half of what we've been for a while, which was 90 percent better than we were for a long time. But you know, that's a tremendous improvement over, you know, the numbers that had been hearing, which were in the 800s, so first want to commend you for that. However -- Ms. Wheeler: I know. And the reason I wanted to tell you the 499 is because you -- Commissioner Suarez: That's great. Thank you. Ms. Wheeler: -- can be assured that the City ofMiami homeless program is working. There are several issues where you see now. I am a City ofMiami resident. I live in D3 (District 3), and I'm always in D3 andD4, andl have seen the difference, as Major Caceres has mentioned. Now there's several factors, andl know that panhandling is something that everybody mentions as a main issue, but we've identified other issues. And Sergio, who just passed out the last count since 2001, you can see that we've been removing -- that number has been going down. Now what you see today is several factors. As you know, because you call us almost every week, we have more people without work, so we have more people in the streets. We did a survey, but the survey that -- you might --heard the number that from 22, you have 50 in your district is not a number that City ofMiami Page 89 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 we want you to use because it was done at a different time. It was done by a different set of eyes and different set of standards. For us, a homeless person, we -- you know, Sergio goes out with the team; Police is there with us. So we do know that from the 8 to 7 or 8, you're going to be seeing transients. You're going to see people out on the streets that do look homeless, but we're there providing the outreach. If they do accept all our homes -- all of the City ofMiami beds are being full capacity. As a matter of fact, for the first time Sergio was telling me we have an average of 30 families in motels as well. So we are offering the assistance. We're trying to see how we can assist those outside and we can assure you that the resources have been shifted. We've taken teams that maybe were not in the Overtown or the Allapattah and now they are working with those areas. If we are missing, we're working with police, we're coming back. And as you know, we work 24/7, so I would ask you to -- if you want to bring this item back in January, andl think it'll be the second meeting, we will have another count, and then we will have a definite number to see if the 499 has increased. Commissioner Suarez: Yeah. I have no problem bringing it back in January. Andl don't know that the number will increase or decrease as much as it may shift from one area to another. Ms. Wheeler: Correct. Commissioner Suarez: Andl think that is a little bit of the concern that have because certainly, you're right. Economically, things are difficult, and so as we've experienced the call volume of people who are going into home -- you know, a state of homelessness because they've lost their jobs, because they've -- they don't have the ability to pay the rent and have -- or been evicted in the case of the person that we recognized the other day. There also seems to be a displacement of certain homeless, and it's going up the business corridors, up Flagler, up 8th Street, and I'm getting calls from business owners. Even though they're not in my district, they're people that I know, and they call me, you know, and in Coral Way as well, which is unusual for that area. So, you know, we're getting calls from business owners. I'm getting calls from residents, and our crime statistics bear it out. Ms. Wheeler: Right. Commissioner Suarez: So it's not just anecdotal. It's something that we're seeing -- when I look at the crime statistics, every time I go to a homeowners' association meeting and we actually start to look at breakings in of motor vehicle, lewd and lascivious crimes, they're up. So, you know, we're actually seeing the empirical data that backs up the anecdotal evidence so -- Ms. Wheeler: We're definitely shifting our teams. If you want Sergio, he can give you a breakdown. We have 11 teams for 13 NET (Neighborhood Enhancement Team) areas because we realize that some areas need more activity than others. We have shifted. We have shifted our workload to include more of the areas that we were not there seven days a week. There is several factors. We have a lot of houses that have been abandoned. The homeless people are using it. They stay within the neighborhoods, so that's why we work so closely with police because when we identify those within the NET team, we have to bring the whole team to work together. So I promise you that we are -- andl live in the City, so I know what you're talking about, and we are trying to address them as we see them and as we find them along the way. Commissioner Suarez: Well, I definitely would like to bring it back up the second meeting of January with -- along with the other discussion item because I need more time on the other discussion item as well. Ms. Wheeler: Any other questions? Commissioner Dunn: I just -- Mr. Chair. City ofMiami Page 90 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Chair Sarnoff. Commissioner Dunn. Commissioner Dunn: I just want to comment and sort of reiterate what my colleague, Commissioner Suarez, indicated relative the acute problem of homelessness. I do want to commend the NET offices because you can see a decline from 2001 to 2010. However, I would be remiss ifI did not point out that -- andl understand -- we understand that the highest incidents, according to this chart, of homelessness is found in just about every area of District 5. Some is shared by my colleague, Commissioner Gort. Allapattah, you have Little Haiti. You have Model City, and of course -- andl understand Overtown because of its geographical location to the downtown -- Ms. Wheeler: Downtown. Commissioner Dunn: -- area. I understand what happens there, and then even Wynwood/Edgewater. And so -- I believe at the last meeting when the panhandling issue came up, Vice Chairman Carollo indicated that he would like to see this citywide. Thank you, Mr. Chairman, for your vision in this because just yesterday I was at the AARP (American Association of Retired Persons), and one of our prominent widowed seniors -- I'll call her name because she shared it yesterday -- Mrs. Nancy Dawkins was threatened by a panhandler in our area at the gas station. And so we cannot move quick enough, and that's why I did not mind making the motion because we did differentiate -- andl don't want to reiterate or play it again, but there is a difference between homelessness and panhandling. Ms. Wheeler: Correct. Commissioner Dunn: Thank God some male individuals were there and told the gentleman who threatened her in terms of her gas -- he told her that -- she'd handed a $50 bill to the attendant, and then this thug said to her, I'll pump your gas and I'm keeping your change . And she was so threatened that she couldn't -- so nervous that she could not even utter -- you know, she was nervous and intimidated. And some of the men in the AARP wanted to go back up to the gas station, but we cannot get this ordinance citywide quick enough. So I think it just speaks to that point. And l just want to say that -- andl -- that came completely to my surprise, but she was sharing with the members of the AARP just yesterday that -- to be careful because these individuals prey on women or anyone who they feel may be vulnerable. Ms. Wheeler: Correct. Andl think the direction -- I think the City Manager already has a direction and is working on the panhandling. I just want to -- again, the panhandling, most of the people that we feel are homeless doing the panhandling are not. That would be police more -- yeah. Commissioner Dunn: I know there's a difference. I'm not blaming anybody for being homeless. Ms. Wheeler: Right. Commissioner Dunn: We understand that. There's a difference. Ms. Wheeler: Right. Commissioner Dunn: But there is a clear distinction between a panhandler and a person that's homeless. Ms. Wheeler: Correct. Chair Sarnoff. Commissioner Dunn, in case you're curious, tomorrow at the DDA (Downtown Development Authority) we're going to have a presentation and it's going to demonstrate that 75 City ofMiami Page 91 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 percent of all panhandlers are not homeless. Commissioner Gort, you're recognized. Commissioner Gort: I can tell you, I don't know how many other cities have the programs that we have, andl think you all need to be congratulated. And ifyou all recall, go back into the 1996, '95, our homeless population was about 8,000. So the Homeless Coalition has done a great job on people. But we need to bring a lot more than the City and the County into this. If you all recall about 20 years, the State, they closed all the hospitals, mental health hospital. Most of the panhandlers are either drug addicts, alcoholics, or people with mental ill. They would not accept help, so that's one population that we have to deal with, andl don't think we can do it at the local level. I think we need to somehow take this message and we got to get the federal government involved and the state government involved 'cause it's a major problem that we have in here, and these people are turning into very aggressive and they're committing crime, which is the worst thing. Chair Sarnoff The City ofMiami cannot be the dumping ground for -- Commissioner Gort: No. It is. Chair Sarnoff -- Miami -Dade County. Just like Allapattah is now the police point for every prisoner, downtown cannot be the dumping ground for 52 percent of all the population that are either homeless or panhandling. It just can't be that way. You can't have Miami Beach pay into a system, you can't have Aventura pay into a system, you can't have Homestead pay into a system and say put them downtown. It's just -- it is like recycling; it'll never go away. It will consistently be there, and you will persistently have a chronic homeless and/or chronic panhandling situation that will never allow your streets and your city to grow. And whatever the reasons are, and whether it's they will accept help or won't accept help, at a certain point in time, you, as a city, have got to enforce your police powers and have got to make it a whole city so that the residents who pay taxes can enjoy their taxes. And there should be no section of the city that is culled out and said this is where they all stay. Everybody has got to bear the burden in their own cities, in their own facilities and cannot pay into a system to put them in downtown Miami. Commissioner Suarez: Mr. Chairman, ifI can just make one last comment. Chair Sarnoff Yeah. Commissioner Suarez: You know, we also -- andl think this is sometimes the tough part of being in government is we've dedicated a lot of resources to this since I've been elected, but it takes time for those resources to materialize. From the CRA's (Community Redevelopment Agency's) perspective, you know, we gave $10 million to Camillus House to expand their facilities, but it doesn't happen overnight. And so I think that's, you know, an unfortunate reality. It just -- it is what it is. Do you know how many beds and how much capacity is going to be added by the new facility in Camillus House? Ms. Wheeler: I'll let Sergio answer those. Sergio Torres: Sergio Torres, administrator at the Homeless Assistance Program. I believe that with the budget that they plan, they're still going collecting -- I believe that they're still going collecting more money for the construction site, but I believe they're going by 375 beds so far. Commissioner Suarez: So, an expansion. And we have -- yeah, that's a huge dent in the number that we have -- that we see here. Obviously, as Commissioner Gort said, unfortunately, not everyone wants to be treated and not everyone wants to get help, andl think that's sometimes where we have some sort of a challenge. My issue in terms of discussing it is just ensuring that we're not taking the problem and moving it from one place to another. And it shouldn't be in City ofMiami Page 92 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 downtown, it shouldn't be in Little Havana, it shouldn't be in Allapattah, or it shouldn't be in Liberty City or Overtown. It -- you know, it's -- these are human beings and they should be treated and helped and they should be put somewhere where they can be treated and not be disruptive to, you know, our society and to our city. Chair Sarnofff. Commissioner, the new facility, unlike what you see at Camillus House now, which is really a -- it's two facilities. One is where you can house some people, less than 100, and one what they call the outdoor program, where they ask everybody to come inside and sleep under the exterior, and that's about a hundred people pushing it. So they're about to increase their capacity by about 150 percent, but equally, each person is going to have on staff a social worker, a psychiatrist, a psychologist in-house right there, so it's like a model facility. What we need to be guardful [sic] of and careful about, there are people, not at this City level, but above us -- well, I hate to say above us -- other elected [sic] that have intentions of reintroducing another facility there, and that is not why we spent $10 million. We didn't spend the $10 million to keep another facility open and call it something different. So I ask you to be guardful [sic] of that and not indulge the conversation of oh, yeah, that'd be a great idea because it wouldn't be. We took, all due respect to you, a lot of your money, because it was your CRA's money, and cleaned up I think what's going to be a major situation for your section and for the City in general, and just be careful that we don't, in haste or in trying to be -- to get along, reintroduce another problem under a different name because the idea was to not have homeless right there in the City ofMiami where we really -- it's sort of like putting a Band-Aid on a bleeding wound versus putting them in a triage center, which is the new facility, and they'll be treated and have every opportunity to become productive. So I caution everybody, listen to the conversation. It's coming. It's coming quickly. It's going to come soon. And we didn't exchange -- the left hand was not supposed to be there so the right hand can have something else. It was -- the idea was to move the facility. Commissioner Gort. Commissioner Gort: My understanding, correct me if I'm wrong, once the new facility is built, the old facility was to be demolish. Chair Sarnofff. Correct. Commissioner Gort: Okay. Chair Sarnofff. Correct. That was the intention. Commissioner Gort: Okay. Chair Sarnofff. Let's make sure we follow that intention. Commissioner Gort: Yes, definitely. Mr. Torres: If you allow me, Mr. Chair. I just want to take the opportunity to get your support and remind Camillus House that upon the zoning approval in the new facility, there is some restriction that once the new facility is built, they cannot have a homeless person around the facility with the radius about a mile or something like that. And we have models here in the City ofMiami, like Community Partnership for Homeless, that we can follow. And your -- I'm happy to invite you to go to one of the facilities that you go by -- you can't even detect that it's a homeless shelter. Chair Sarnofff. I think Commissioner Gort's point is that the day the last homeless person leaves, the bulldozer should be right behind them because if you leave it there, they will come so -- and that was not our intention. END OF DISTRICT 4 City ofMiami Page 93 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 NA.1 10-01445 NA.2 10-01443 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM BRIEF DISCUSSION REGARDING THE APPOINTMENT OF A NEW CHAIRMAN FOR THE MIAMI CITY COMMISSION. DISCUSSED Vice Chair Carollo: Mr. Chairman. I'm sorry. Chair Sarnoff Yes. Vice Chair Carollo: If I can have a point of privilege? Chair Sarnoff. Absolutely. Vice Chair Carollo: Thank you. There is something else that has been -- I'm sorry. If we could quiet it down for a second. Thank you. There's another issue that, since we're in this topic of administration and so forth, has been out there a little bit, andl actually would like to bring it up for a quick discussion since we have all the members here, we have the Mayor here, and so forth. And that is with regards to the chairmanship. There is all these rumors going around and talk about it and so forth, andl have actually spoken to the Mayor, you know, for several months about this and so forth. Andl would like to say that if there is going to be a change in chairmanship, I would like to say, Mr. Mayor, that all and any consideration that you were giving to me to become chairman be placed on Commissioner Gort. I think Commissioner Gort has been here for many, many years, and the truth of the matter is I would like to maintain status quo as the Vice Chairman. And should there be a change that, you know, I think Commissioner Gort would, you know -- subject to, you know, my colleagues, you know, agreeing with me, we'll make -- I will be the next chairman. So I know there's been a lot of you know, talk out there. There's been a lot of rumors and so forth. So, you know, in light of transparency -- and this Mayor has always said, you know, as far as transparency, I actually appreciate the discussions that we've had and so forth and you've always been frank with me. Andl truly believe that if there needs to be a change, then, you know, Commissioner Gort should be the next Chairman. Thank you. Chair Sarnoff. All right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COVENANT RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE VIRGINIA KEY WEIGH STATION REPLACEMENT PROJECT, B-30698. 10-01443-Draft Legislation.pdf 10-01443-Exhi bit. pdf City ofMiami Page 94 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort R-10-0564 Chair Sarnoft All right. We have a PA.1, which is the CIP (Capital Improvements Program)? Carlos A. Migoya (City Manager): Mr. Chair. Chair Sarnoff Oh, you had a pocket item. Mr. Migoya: We had a -- Chair Sarnoff I apologize. Mr. Migoya: -- couple of pocket items, if you don't mind. Chair Sarnoff Let them set -- tell you what, we'll let them set up and you can go through your pocket item. Mr. Migoya: Thank you. One is for action and one is a discussion item. IfI can please ask Alice Bravo to come in and talk to you about the tunnel. No, it's not -- I'm sorry. Go ahead. Virginia Key. Chair Sarnoff You're recognized, Ms. Bravo, for the record. Alice Bravo: Good afternoon. Alice Bravo, Capital Improvements director. The item before you is for a project that we're currently building on Virginia Key for a weigh station to handle our yard trash mulching operation. And as part of the permitting process, we're installing an office trailer that's going to have a septic tank. So for the septic tank, we're required by the County to have a covenant that runs with the land that all liquid waste will go through the septic tank. And this was something we just found out about this week and we're trying to keep our project on schedule, so that's why it's brought to you here today last minute. Chair Sarnoff Is every Commissioner okay with considering this? Mr. Migoya: Andl apologize. This just happened. And for us to be able to continue and get this scale done on time, we ask that you forgive us for giving you such short notice on this. Vice Chair Carollo: Can we table this at least for an hour or so? Chair Sarnoff Sure. We'll table this and bring this one back up. [Later..] Chair Sarnoff All right, did you have something on the agenda that's still left? Mr. Migoya: We have a tabled pocket item thatl think we're ready to discuss on the -- Chair Sarnoff Okay. Mr. Migoya: -- Virginia Key treatment plant. Chair Sarnoff Tabled pocket item. That is this one. There's no number -- yes, it is. It's project City ofMiami Page 95 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 NA.3 10-01444 B-30698, Madam Clerk. Priscilla A. Thompson (City Clerk): Right. That's the one dealing with Virginia Key Beach. Chair Sarnofff. Yes. Ms. Bravo: Yes. At Virginia Key, we're currently constructing a new trailer and weigh station for Solid Waste's clean yard trash mulching operation. And for the new trailer, we're going to install a septic tank, so DERM (Department of Environmental Resources Management) is requiring that we record a covenant with the land so that there's known there's a septic tank at that site. Chair Sarnofff. All right. There is -- Is there a motion? Commissioner Gort: Move it. Commissioner Dunn: Second. Chair Sarnofff. Motion by Commissioner Gort, second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. DISCUSSION ITEM UPDATE BY THE ADMINISTRATION ON THE CITY OF MIAMI'S 2009-2010 AND 2010-2011 FISCAL YEAR BUDGETS. 10-01444-Submittal-FY 11 Adopted Budget (Summary).pdf 10-01444-Submittal Monthly Financial Statement.pdf DISCUSSED Direction by Chairman Sarnoff to the Administration with instructions to provide his office staff with a functioning, updated computer. Chair Sarnofff. You have a second issue you wanted to bring up? Carlos A. Migoya (City Manager): Yes, sir, I do. It really -- it relates to the finances. The first one deals with the November items. Diana Gomez is going to go through so you understand where we are from the November expenses as it relates to the budget. Everything is looking to be in order, but I -- as we've agreed to do, is give you on a month -to -month basis where we are. And you might recall, we did the same thing in October -- for the October month and this is November. We still don't have revenues that are really very accurate because obviously, the big collection starts happening in December and January, but the expense structures, as you can see here, are pretty much in line. And as of right now, year -to date, we are approximately $4 million, prior to pension expenses 'cause this is the monthly -- the annualized of the two month expenses. We're $4 million or $3, 988, 000 under budget on the expense items. Chair Sarnofff. I'm sorry. And that will catch up as a result of the pensions or that is annual --? Mr. Migoya: No. The reason why we put pensions below the line 'cause obviously, pensions are a one-time payment that is done, so that didn't make a whole lot of sense. All the other expenses are recurring monthly expenses. So the idea was to line up the annualized budget, not including pensions, separately from all the normal operating expenses of the City. City ofMiami Page 96 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Chair Sarnoff. So if that's the case, then I'm looking at expenditures and pension transfers $3, 988, 061 ? Mr. Migoya: That's right. In the black" meaning, we're under budget. Chair Sarnoff. In the black? Mr. Migoya: Yes. Chair Sarnoff. And the bracket below that pensions $4, 531, 019, is that figured into the $4 million? Mr. Migoya: It really isn't because what it is, it's a timing -- and Diana, you might want to -- Ms. Gomez: Yeah. Diana Gomez, Finance director. The pension payment this year, we made quarterly payment. We made the first quarterly payment on October 1. So if you look at the budget line that's there for the pensions, that's two -twelfths of the budget, which is not a quarterly budget. So that's why we pulled it below because you can't really compare the two. The pension is usually paid all in full. This year we paid the first quarter in October, so you really can't com -- Chair Sarnoff. But if you're going to compare apples to apples, wouldn't you simply just divide by 12 so that --? Ms. Gomez: But the actual was an actual quarterly payment, so that's why I'm showing the actual of what we paid versus a two -twelfths budget, you know. Mr. Migoya: You got three -twelfth payment versus a two -twelfth budget. Ms. Gomez: Exactly. Chair Sarnoff. When she said actuals versus budgeted, I got it. Mr. Migoya: Right. Ms. Gomez: Right. Chair Sarnoff Okay. Mr. Migoya: And that's why we kind of kept it below the lines so -- because it'd be tough to -- Ms. Gomez: It skews it. Mr. Migoya: -- it would skew what the number would be in this issue. Chair Sarnoff. To a layperson, could you read what you've just told us as saying that you're four million in the black from what you expected? Mr. Migoya: From a layperson's standpoint, operating expenses are $4 million through 2 months; $4 million under budget at this point in time. Ms. Gomez: Right. Chair Sarnoff. Ahead of your expectations? City ofMiami Page 97 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Mr. Migoya: Ahead of expectations. Now, doesn't mean we're going to be four million -- Chair Sarnoff Right. Mr. Migoya: -- but we are right now below budget, so we're doing well on -- expenses are within the expected budgeted numbers. Chair Sarnoff Okay. Any Commissioners have any questions? Commissioner Dunn: Mr. Chair. Chair Sarnoff Commissioner Dunn's recognized. Commissioner Dunn: Mr. Manager, when do you anticipated [sic] kind of catching up to that level where you had anticipated it being -- or what items you think will --? Mr. Migoya: Well, one of the items typically is a lot of people that choose to take retirement do it in January because it's at a time in which they don't have salaries, and therefore, whatever payments they receive becomes an annualized number. So one of the things that might have an impact will be the one-time pays on vacations and holidays and that might skew some of the numbers, so that will start showing -- typically, by March or April you will have a better forecast of what the expense structure looks like, which is basically four to six months into the year that'll start looking a little better. But I would say right now, that's looking pretty well. Chair Sarnoff All right. Mr. Migoya: If you have no questions, the next one I wanted to bring up was -- I had promised you that before I left -- and this is the last time that I'll be with you from a meeting perspective. We have Mirtha Dziedzic that's going to talk to you about a projection that we have done for the 2012 year. This is -- as you know, we -- this is the very first projection that we're doing for you on, what 2011 and 2012 -- 2011 to 2012 would look like. That obviously is not the current fiscal year we're on, but the following fiscal year. The one thing I'll say, before Mirtha gets on, is we originally had projected a 5 percent drop in assessed values. We are now showing a 7 percent drop in assessed values. After meeting with the County appraiser's office, we won't have the accurate numbers until April, right -- April to July, in that range. That's when we started having it last year. But the reason for that is his projections, which are very early on, is that residential values have probably bottomed out. The commercial values have dropped. A third of the properties in the City ofMiami are commercial, so obviously, that's a very, you know, big piece of it. So the combined weighted average of the two, we're projecting about 7 percent assessed value drops in -- a drop in assessed value. So with that, what we have done here -- does everybody have a copy of it in front of you? What we have done -- and -- is -- as you can see from this year's projections -- or this year's budget, we're expecting revenues to be down $26 million. Now a big piece of that $26 million is the $10 million which, you might remember, was not a recurring income. That was the trans -- the reimbursements from the CRAs (Community Redevelopment Agencies) that we had at one time. So in a sense, from recurring income, we actually have a $16 million drop, but at the end of the day, we have a $26 million drop. In expenses, what we have done from a forecast standpoint on salaries, we have left salaries the same. In other words, we haven't done any further reductions to salaries. But what we did was that we had no increase to salaries. We're assuming that in the following year, there will be no increases. That's the action that we took there. We did have a 5 percent attrition, which is part of what we had done on the -- I'm sorry; 2 percent attrition, which is $5 million. And we also put in there our pension actuarial projections of what the pension costs will be for next year after adjusting salaries for this year and so forth. Literally, we got those last night. So at the end of the year, if you look after all the current income projections that we got and the expenses, at this point in time, you -- we could estimate that the -- without any adjustments to the 2012, you'd City ofMiami Page 98 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 have a $22 million deficit. Now that compares to this year's $150 million deficit 'cause this is not just operating expenses. This is operating expenses and capital expenditures, so it includes the entire budget of the City. So from that perspective, we're substantially better, assuming we hit the numbers that we will this year, which so far looks good, which substantially better than we were this past year. Chair Sarnofff. Did you say 21 or 26 million? Mr. Migoya: Twenty-one point nine million dollars. The 25.7 you see there is prior to the income that we would have from the Marlin's garage. Commissioner Gort: So it's 21 then? Mr. Migoya: On the second page. Commissioner Gort: Right. It's 21 -- Mr. Migoya: Twenty-one million nine hundred and fourteen thousand seven hundred and sixty-two dollars approximately. I love it when we do projections that have such a finite number, but whatever. Commissioner Dunn: Mr. Chairman, I (UNINTELLIGIBLE). Chair Sarnofff. You're recognized. Commissioner Dunn: Just as a point of clarification, I believe you mentioned ten million reimbursement from the CRA. That's in fact 10.4 million, am I correct? Mr. Migoya: Ten point four million. That's correct, sir. That's on the first page. You can see the variable on the budget, it says $10.4 million. Commissioner Dunn: Yeah. I see it. Mr. Migoya: So if you look at it that way, not including recurring, we would be under by $12 million, so it's actually looking pretty well. So I think with, you know, some further expense tightening and some adjustments of revenues, we should be able to work through the budget for next year, if things stay as we currently are projecting. But the thing that you will need to do is monitor through the County appraisers what the values are. That would be the biggest variable that we would have going forward, is what the values are. And we did this with a little more conservative than we had previously done just to make sure that we were in line. Chair Sarnofff. So if everything goes as planned, we have an approximate $22 million gap to mike up next year? Mr. Migoya: That's correct. Chair Sarnofff. And since you're no longer going to be here, what would be your -- what would have been your strategy? Mr. Migoya: Well, my strategy would be, like I said, which is -- this is a conversation that I've had with Tony and the staff -- is to continue to tighten up on expenses this year as much as we can so that we can better perform to the expense numbers that we have for this year so we have a rolling start for next year, and there might still be some income opportunities for the following year. The one thing that I personally -- andl know that I've stayed away from policy, but since I'm a foot out the door, maybe I can give you my own personal opinion. I think we have done City ofMiami Page 99 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 enough for the -- to the employees by reducing salaries and supplements and pensions. And if we're down to this kind of number, we should be able to find some other expense reductions and slash revenues to be able to make up this number for the following year. The other thing that I continue to say is using the scenario that you and the Mayor have had all along, which is to try to not increase taxes in any way, shape, or form, the City needs to continue to look for diverse funding sources. And the only two jewels that we have remaining here are the Parking Authority, 'cause parking -- the public parking of the City, and our marinas. So the strategy that we had, which was to work with the Parking Authority to make sure that in spite of what happened, they're obviously willing to work with us, make sure that they reduce the expenses, and have as much extra cash that can be provided to the City on an annual basis. That's important. And the other thing thatl strongly recommend is that you look at any new marinas as a way that the City manages them directly since -- if the City manages the marina, you make 70 percent of revenues. If you lease them out, you'll only make 15 percent of revenue. So it's obviously a huge difference. So wherever possible that you're looking at new marinas or anything else, I would strongly recommend that you would go with public marinas. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Vice Chair is recognized. Vice Chair Carollo: With that said, I would like to ask a question. Where are we with Flagstone? Because that's a marina that potentially we could have actually build and manage ourselves. I mean -- so where are we with Flagstone because that is a jewel, at least in my opinion, of the City ofMiami that could make a lot of revenues? And it seems to me, it's just sitting there. I'll go a step further. Something that, you know, realistically, I regret not saying before. Mr. Migoya: We are getting -- I'm getting the Asset manager to come out to give us an update as to where we are with the State at this point in time. We're in the process of going for State approval, and she can give you a better update as to what that looks like. I hope she's back there. Madeline has a tendency to take time off from time to time. Hopefully, she's back there. I'm only kidding, of course. In the meantime, the two that we have obviously pending, one is the Flagstone, and remember, as part of the Virginia Key Master plan, we were looking at expending approximately another 200 wet slips as part of the Virginia Key marina. She's coming from upstairs. If you want, give us a couple of minutes. She'll be right down. Chair Sarnoff Does anybody have any other issues they want to address? Vice Chair Carollo: Well, what was going to say is that regret at the time that we discussed that, I actually didn't come forward and say this and I'm going to say it now. I think it's appalling that a piece of land that we do not own, which were the media towers, we can potentially make a lot more money from that than from precious land that we actually do own, and I'll leave it at that. I just want to know where we're at with Flagstone right now. Mr. Migoya: She is walking in the door. Madeline Valdes (Director): Good afternoon. Madeline Valdes, Department of Public Facilities. Excuse me for my voice. We're still negotiating with the State. My last phone conference with them was last week on Friday, and we should expect to hear from him -- them next week, beginning of the week, regarding our discussions. They appeared to be merging both submerged lands issues with the Flagstone issue, so we're working with them to see how we can break them apart. Is there anything else? Commissioner Dunn: Yes. I have a question. Mr. Chairman. City ofMiami Page 100 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Chair Sarnofff. Go ahead. Commissioner Dunn: Relative to the Flagstone issue, there was a provision in the contract that did allow if there was any breach of that agreement, am I correct, at any point in time, we could cut off the contract? Is there anything to that --? Mr. Migoya: There was -- Commissioner Dunn: If there was a breach. Now -- Mr. Migoya: Not only was there -- you can cut off if there's a breach, but also if the State were to come up with some conditions different than what we had anticipated, we could also change and not do the deal. Ms. Valdes: That's correct. If the City was unsatisfied with what the State was proposing, we can walk away from the deal. Commissioner Dunn: Beautiful. Excuse me. One more, ifI may. Chair Sarnofff. Keep going. Commissioner Dunn: Also, just going off of recollection. There's a monthly payment they're supposed to give as well. Is that -- did the clock start running on that? Ms. Valdes: Yeah. The monthly payment does not start until we get now the State approval. Commissioner Dunn: Oh, and you say that's coming real soon? Ms. Valdes: Yeah. Commissioner Dunn: Okay. Ms. Valdes: And this is just the administrative approval. We then go to the legislative aides and then the Cabinet for final approval. Mr. Migoya: They're probably, at best -- Chair Sarnofff. What's the --? Mr. Migoya: -- what, Madeline, two, three months away from getting (UNINTELLIGIBLE)? Ms. Valdes: No. Actually, we were told by the State that they were willing to put it on their January agenda. Mr. Migoya: There you go. Chair Sarnofff. That's at the Cabinet level, right? Ms. Valdes: Yes. Chair Sarnofff. Anything else of Ms. Valdes? Okay. Ms. Valdes: Thank you. City ofMiami Page 101 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Mr. Migoya: So anyway, I -- and more importantly than anything, what I wanted to make sure is that at least you had a feel, and as we go through this year, the Administration has an indication as to what 2012 will look like and, you know, our Budget director can give you updates as that changes from time to time. Chair Sarnoff Thank you. Anybody have any other questions on the Manager regarding 2012? Vice Chair Carollo: Yes. Mr. Manager, is it possible to receive this in an Excel file, via e-mail (electronic)? Mr. Migoya: Which brings me to a very good point. One of the things that we discussed with each one of you individually in order to save approximately another $40, 000 a year, the agendas for the Commission meetings will go forward in electronically, including PDF (Portable Document Format) and Word formats to make it easier. We're going to try to work to make sure that it's a smooth transition on that, make sure everybody's comfortable with it; and what pieces of this we have to do that have to be printed and so forth, we'll be able to do that. But if we do that, it's -- not only is there a financial positive impact to the City, but beyond that, it buys us an extra two day. With the five-day rule, the extra two days it's been taking for printing, it buys us the extra two days to make sure that we get the agenda items right on time and hopefully we'11 have less changes on the floor like we've had up to now. Chair Sarnoff Mr. Manager, if that's the case, I have a request from my office. The computer which I don't use has never properly functioned. Could get a functioning updated computer, if that's --? Mr. Migoya: One of the things that I discussed with Peter Korinis was exactly that, that we would check with every one of you to feel what you would need, first of all laptops, to be able to have here on the dais, as well as whatever additional support you would have to have in the offices 'cause I think in the long run, obviously this is a much better return for us to have the proper computers for you. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Vice Chair Carollo: Is the $40, 000 savings just on these five Commissioners with the agendas? Mr. Migoya: It's not just your agendas, but it's your agendas plus staff -- your staff our staff everybody that gets all the administrative expenses. So if it came down to, you know, one of you or two of you printing one set of agenda, obviously that's not going to be the problem. The problem is when you're having all the different agendas that are printed for everyone on the City. Vice Chair Carollo: Thank you. And l just want to make sure we pointed that out because at the least, at least this Commissioner, I don't mind doing a pilot program. However, I would like at least for the first two, three meetings also to have the hard copy. Just because of -- I'll give you an example, Oracle. Oracle, we went one way and there wasn't any real backup and so forth, so I want to make sure that there's a backup that should something go wrong with the electronic files or whatever. The bottom line is that I don't mind going forward with this, but I would also like a hard copy. At least you only have to print one for myself for my office. Mr. Migoya: We made note of that when we had a briefing with you. And because it is in a PDF format, it will be easy enough to print without having to go to the print shop, so we'll follow up on that. And anyone else would like to do that, we can do that. Not just -- we don't need to know today. We can do that in the future. Thank you. City ofMiami Page 102 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 NA.4 10-01450 Vice Chair Carollo: And to follow up on it. Also whatl want to do is make sure all the PDF backup is there as compared to what I would have in a hard copy, so I just also want to compare and so forth to make sure that, you know, we all receive all the adamant information that we need. Mr. Migoya: I would expect nothing less from you, Vice Chairman. Chair Sarnoff And Mr. Manager, just so we're clear. I have no problems going paperless. I just need at least a computer that is capable of functioning. Mr. Migoya: We'll make sure you have it. Chair Sarnoff We do not have them in our office. Mr. Migoya: We'll make -- hey, before the year -- end of the year, we'll make sure that you guys are all there. Chair Sarnoff Okay. [Later..] Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Vice Chair Carollo: As a point of privilege, something that we discussed previously today was regards to receiving all documents electronically. And just out of curiosity, how will this work with pocket items and so forth? I think it's a valid question. I mean, we could answer it at another time or so forth, but I think it's a valid question. And not only that, you know, as far as going back and research, you know, from prior Commission meetings and so forth how the pocket items will be handled. Chair Sarnoff I think it'll be a text message. Commissioner Gort: You'll use a computer. Mr. Chairman. Chair Sarnoff It's a good point. It brings up a good point, so let's try to figure out, Mr. Assistant City Manager, how it is you will deal with pocket items once we go electronic. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED FIFTY MILLION DOLLARS ($50,000,000) IN AGGREGATE PRINCIPAL AMOUNT OF CITY OF MIAMI, FLORIDA REVENUE NOTES, SERIES 2010 (PORT OF MIAMI TUNNEL AND ACCESS IMPROVEMENT PROJECT) (THE "NOTES"); PROVIDING FOR THE NEGOTIATED SALE OF SAID NOTES TO WELLS FARGO BANK, NATIONAL ASSOCIATION (THE "BANK"); SETTING CERTAIN BASIC PARAMETERS OF THE TERMS AND CONDITIONS OF A LOAN AGREEMENT AND THE NOTES, AND AUTHORIZING THE NEGOTIATION, EXECUTION AND DELIVERY OF A LOAN AGREEMENT, THE NOTES, AND ALL OTHER NECESSARY AGREEMENTS, DOCUMENTS, AND INSTRUMENTS IN CONNECTION THEREWITH; MAKING CERTAIN FINDINGS AND DETERMINATIONS; AUTHORIZING ALL REQUIRED City ofMiami Page 103 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 ACTIONS BY THE CITY MANAGER, THE CITY ATTORNEY, AND ALL OTHER CITY OFFICIALS IN CONNECTION THEREWITH; ADDITIONALLY AUTHORIZING THE PAYMENT OF ALL OUTSTANDING INTEREST AMOUNTS TO THE BANK ON THE OUTSTANDING IRREVOCABLE STANDBY LETTER OF CREDIT FOR THE TUNNEL PROJECT; AND PROVIDING AN EFFECTIVE DATE. 10-01450- Legislation. pdf 10-01450-Exhibit A. pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort R-10-0565 Chair Sarnoff. All right, so now we are on -- Carlos A. Migoya (City Manager): Mr. Chair. Chair Sarnoff Yes, sir. Mr. Migoya: We had a pocket item for a 4 o'clock hearing. Chair Sarnoff. Oh, you do, don't you? All right, let's hear your pocket item. And -- oh, you have a pocket item? Is your --? Commissioner Gort, we'll hear yours -- you want to hear yours after this? Commissioner Gort: Yeah. Priscilla A. Thompson (City Clerk): Excuse me, Chair. Chair Sarnoff Yes, ma'am. Ms. Thompson: For clarification, because I'm a little confused right now, is this a new pocket item coming from the Manager, not the one that was tabled, correct? Chair Sarnoff. Correct. I think there's a -- I think you're going to have a slew of pocket items, Madam Clerk. Ms. Thompson: Okay, so this -- Chair Sarnoff. We will define what it is for the record. Ms. Thompson: Thank you. Vice Chair Carollo: Hold on, hold on, hold on. What happened to two wrongs don't make a right and all this and -- huh? And Commissioner Dunn, you knew this was coming. You knew I was going to bring it up again. What happened to all this two wrongs don't make a right andl deferred my pocket item and all this stuff? Commissioner Dunn: I thought you forgot about that, Mr. Vice Chair. Vice Chair Carollo: Yeah, come on. You know better than that. Chair Sarnoff. All right. Are these two separate pocket items? City ofMiami Page 104 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Larry Spring (Chief Financial Officer): They are two separate but companion items, and I'll explain. Chair Sarnoff All right. Reference them by number so the Clerk doesn't -- Mr. Spring: Okay. Chair Sarnoff -- kind of -- Mr. Spring: You have the -- Larry Spring, chief financial officer. Chair Sarnoff Thank you. Mr. Spring: The first pocket item that I'll be discussing today is the one that does not have the City ofMiami heading on it. It's just a plain heading. The -- or just a plain paper. The second item is the one that has the City ofMiami legislation resolution affixed to the top of the page. Commissioners, the first pocket item is a resolution of the City ofMiami Commission, with attachments, providing for the issuance of not to exceed $50 million in aggregate principal amount of the City ofMiami, Florida revenue note series 2010 named Port ofMiami Tunnel and Access Improvement project, providing for the negotiated sale of said notes to Wells Fargo Bank National Association, certain -- setting certain basic parameters of the terms and conditions of the loan agreement in the notes and authorizing negotiation, execution, and delivery of a loan agreement, the notes, and all other necessary agreements, documents, and instruments in connection therewith; making certain findings and determinations, authorizing all required actions by the City Manager, the City Attorney, and all other City officials in connection therewith; additionally, authorizing the payment of all outstanding interest amounts to the bank on the outstanding irrevocable standby letter of credit for the port tunnel project and providing an effective date. On Monday, we distributed an executive summary memo to each of the Commissioners. Back in October 2009 the City entered into a standby letter of credit with Wachovia Bank, now Wells Fargo Bank. That letter of credit provided for a reimbursement agreement with a five-year term down at a rate of approximately --floating rate today calculated at approximately six and -- 6.25 percent. The bank approached the City with regards to that term down payment because they knew that the City was working with the Omni CRA (Community Redevelopment Agency) and attempting to go to market to provide the financing of this port tunnel obligation as well as others. While going through that process with our bond counsel, we have come to the obstacle or the decision point that the City/CRA will need to validate that bond issuance and that will take another six to nine months to complete that process. In the interim, the City was considering a few options. One would be for the underwriting -- the senior underwriting bank to provide the City with a term note; two, to just allow for the letter of credit to be drawn upon and we would have the five-year term down with the rates and terms that were already approved by the City Commission; and then this offer that came to the City via the bank, which had favorable terms. Those favorable terms are a two-year note with payments due in the -- at the end of the first year, a $5 million payment plus interest at the end of the first year, and then the remaining 45 million plus interest at the end of the second year. The index would be the (UNINTELLIGIBLE) rate plus 400 basis points. Today that rate is approximately 4.3 percent. So between the terms we had before and the terms that the bank was offering today, we were talking about saving 200 basis points in interests. Our FA (Financial Analyst) calculated that to be approximately around -- just shy of $2 million over the two-year term. The other factor that came into making this decision to restructure the five-year term down was some concerns from the rating agencies with regards to our nonfinancial default provisions that were in the existing letter of credit document. More specifically, the document called for 30-day acceleration in the event of one of these nonfinancial defaults, i.e., a downgrade by one of the rating agencies, a judgment against the City in an amount greater than $50 million, perhaps a finding from a regulatory agency. Any of these events could occur and they were all City ofMiami Page 105 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 out of the control of the City. The rating agencies have put out position papers, which I shared with you, about their concerns with not just the City ofMiami but all municipalities that have those similar terms. So considering all those factors, we decided -- and unfortunately, that decision point came after the printing of the agenda, that we needed to take some action fairly quickly, bring to you this pocket item to recommend that we accept the two-year offering -- restructuring that is being offered by the bank and that we move to close on that loan so that we can make our contribution to the State of Florida. They will be eligible to draw on the letter of credit as of January 6, 2011, so we -- with the City Commission's approval, we will move to closing as soon as possible, andl estimate that'll be in about seven days from today and we'll be able to make the actual contribution to the State, be done with that obligation, and then concentrate on the bond issuance to take out this note with the CRA. Chair Sarnoff. And just for the people who are listening, Larry, all of the expenses associated with this, the interest, would be borne by the Omni CRA. Mr. Spring: That is correct. Chair Sarnoff Okay. Commissioner Dunn: Mr. Chairman. Chair Sarnoff. You're recognized, Commissioner Dunn. Commissioner Dunn: Now if we, Mr. Springs [sic] -- Mr. Spring: Oh, yeah. I'm sorry. Yes. Commissioner Dunn: -- okay. If we, in fact, do not move on this item, we risk -- we run the risk of being one notch above the junket bonds. Is that being rated? Mr. Spring: If -- well, the rating agencies -- we enter into the existing term down, they potentially could downgrade us. There's no -- I can't absolutely say they're going to take that action or not, but they have made us aware that they're very concerned about the terms in this provision. Andl would like to state that the -- in the new restructuring, we now have a 180-day non -default provisions, so we've significantly changed those terms to our benefit 'cause in a matter of six months, the City could come up with some other financing options. Mr. Migoya: Mr. Chair, ifI may. One more point around that. It would also cost the City or the Omni CRA an additional million dollars a year because of the difference in interest rates of the defaulted LC (Letter of Credit) versus the actual term note. IfI may, can I do a disclosure? I know that some people -- this bank is a bank that purchased the bank that I was previously with, andl want to make sure that you all understand that I have a de minimis number of shares of that company. I never have had any discussions around this transaction with anyone in this company. And if anything, the only investments I had from options by the acquisition of this company -- of my previous company, it cost me personally in the eight figures, so there's really no benefit for me in any way, shape, or form of dealing with any transaction with Wells Fargo. Commissioner Dunn: Mr. Springs [sic]. Mr. Spring: Yes, sir. Commissioner Dunn: Mr. Chair. So, in fact, this is -- moving on this item would actually save the City money opposed to us spending money -- Mr. Spring: This is -- City ofMiami Page 106 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Commissioner Dunn: -- and losing money. Mr. Spring: -- correct. Commissioner Dunn: Also and running the risk of being moved down a notch to just above the junket bonds. Mr. Spring: Or put on credit watch. Some negative -- Commissioner Dunn: Same thing. Mr. Spring: -- credit -- Commissioner Dunn: So fiscally speaking, it would be prudent for us to move on this? Mr. Spring: That is my recommendation to this Commission. Chair Sarnoff Just figuring something out. All right. It's a resolution. The Vice Chair. Vice Chair Carollo: Thank you, Mr. Chairman. Mr. Springs [sic], Mr. Manager, would you consider this to be an emergency matter? Mr. Spring: I absolutely do. Mr. Migoya: IfI may, you asked -- addressed me. The fact that we stand at a risk of being downgraded and the fact that it would cost us substantially more money, I think the financial institution that's presenting this, which has to stand by LC, is giving us a substantial improved situation from what we would normally fall into if we didn't take this transaction. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Vice Chair Carollo: And again, you're putting this Commission in a situation that it's not the most prudent. At least l just want to see if, realistically, this could have been brought to our attention within the five-day rule or at least within sufficient time to like really study this. I see here in the memo, the interoffice memo, "However, Bond Counsel, in conjunction with the City Attorney's office, has determined that the proposed Omni CRA bond should be validated by the courts given the multiple legislative changes to the district over the years. The validation process can take six months to two years to complete depending on challenges, if any are made." When did they come to this conclusion? Robin Jones -Jackson (Assistant City Attorney): Within the last week. Upon looking at the circumstances of what's being requested for the City to do regarding the letter of credit, we're giving -- (UNINTET,T IGIBT,F) some of the information that we've got from the County, from the City, and from the CRA. Thank you. And they'll be glad to come and make an individual presentation or a group presentation to the board about the validation specifically and to the Omni CRA Board. Thank you. Vice Chair Carollo: My point is could this have been seen way in advance instead of seeing it this last week? Could we have prepared for this a little bit better? Could we have --? And you know, this seems like a last-minute thing that now is handed to this Commission and, you know, it's pretty much either pass it or we're going to lose "X" amount of money or we'll be downgraded or so forth, and it seems like there's a gun put to our heads. City ofMiami Page 107 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Ms. Jones -Jackson: Commissioner, the validation issue is not about the letter of credit and the letter of credit circumstance. That's independent of what's occurring with the letter of credit circumstance. Mr. Spring: With regards to this, Commissioner, I do agree it is a last-minute item. Andl think as I went through my briefings, I apologized to each of the Commissioners. We have in place right now today an option that would not have taken any further action from this Commission and we're intending to take that option. However, when we got the warning, if you will, or the concern addressed to us from the rating agency, that changed our entire perspective on this. And you know, I thank the bank for work -- you know, being -- giving us the ability to work with them to work out something that is even more favorable at the end of the day to the City to work around this. At the end of the day, myself, I would not want to ever recommend or take a move or allow the City to move forward on an action that I thought would put us in any type of credit risk jeopardy and eventually cost us more money at the end of the day. You know, I would have -- ifI had another two months, I would absolutely have gotten this -- done it in a normal legislative process and gotten it done. Even today we're still finalizing loan documents with the bank as we speak right now so, you know, I apologize for that but, you know, when the issue came up, I got it to you, to this Commissioners -- to the Commissioners as soon as I absolutely could. Chair Sarnoff. All right, let's see how it goes. It's a resolution, gentlemen. Do we have a mover? Commissioner Dunn: So move. Chair Sarnoff. And do we have a seconder? Commissioner Suarez: Second. Chair Sarnoff. All right. Any further discussion on -- I guess it's the res -- we're voting on resolution -- the non -City ofMiami pictured one. Mr. Spring: Correct. Chair Sarnoff. All right. All in favor -- Commissioner Suarez: I have a question. I have a question before you -- Chair Sarnoff. Oh, I'm sorry. Commissioner Suarez: -- proceed to vote. Chair Sarnoff. Go ahead. Commissioner Suarez: And it has to do with the CRA. The -- if there is a need for a $5 million payment at the end of the next fiscal year, can you explain how the CRA would make that payment? Mr. Spring: I'll explain it from my perspective. And that would be as part of the CRA's next fiscal year budget, we would come before the CRA and ask that a resolution be passed to make that payment, but obviously, I would have to defer to the executive director who actually is -- I think he is here. Pieter Bockweg: Commissioner, Pieter Bockweg, executive director of CRA. To make that $5 City ofMiami Page 108 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 million payment in the next fiscal year, we most likely would have to deobligate some projects that are on line right now and we would have to look at which ones those are. Chair Sarnoff Mr. Bock [sic], while you're up there, just so there's a little bit of a comfort factor. When you became the director, my first instruction to you was what with regard to the issue of the bonding? Mr. Bockweg: Right. We have collected -- Chair Sarnoff It's not a right. It's a -- Mr. Bockweg: -- as far as information is -- Chair Sarnoff -- what question. It's not a -- I didn't give you a leading question. Mr. Bockweg: Okay. Chair Sarnoff I gave you, what was my instruction to you. Mr. Bockweg: To make sure it's a priority. Chair Sarnoff Right. And what did you do? Mr. Bockweg: I made it a priority. Chair Sarnoff And we've been working from what timeframe to what timeframe to learn whether all the documents are in existence for the bond counsel? Mr. Bockweg: Well, I can only speak from the moment that I was appointed to this present day. We have collected all documentations. There are two doc -- there's two notices, if you will, or publications to the public from 1986 that we're still looking for and also one from 19 -- 2009. The County and the City have not provided those as of yet and they're looking for them, but those are the only two documents that we're still looking for. Chair Sarnoff Okay. Mr. Bockweg: And the publication document to notice -- notices to the public. Chair Sarnoff The purpose of the looking and finding was so that we didn't have to go through a bond validation. Mr. Bockweg: That's correct. Chair Sarnoff And the bond validation is not something you're involved with. That's something bond counsel is saying. Mr. Bockweg: That's correct. Chair Sarnoff All right. So you've done everything you could do humanly possible to make sure there didn't have to be a bond validation process. Mr. Bockweg: The CRA has collected every document that we can find to make that possible, Mr. Chair. Chair Sarnoff And just so -- to answer Commissioner Suarez's question. Once the matter is City ofMiami Page 109 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 NA.5 10-01441 bonded, we will be able to bond not only the 50 million but equally the interest payment as well. Mr. Bockweg: Yes, that's correct. Chair Sarnoff Okay. Commissioner Suarez: And that's a -- that was -- Chair Sarnoff. Right. Commissioner Suarez: -- a good point, andl think that was something that, for me, was also interesting because the standby letter of credit cost us I think $600, 000. Mr. Spring: The cost was 125 basis points. However, we were able to make some arrangements with the Port ofMiami Tunnel, T,T C (Limited Liability Company). They are paying the 12 months of that. The CRA -- and that's the other companion item that I'll bring today -- is paying the three-month extension from October through January. So we've been able to mitigate a lot of the interest costs on the letter of credit. Commissioner Suarez: Right. And so we're not going to have an impact in this -- you know, in this given year, we won't have an impact on our budget. Mr. Spring: No. With the approval of this and the closing, you will not have an impact on the budget. Commissioner Suarez: And we may -- Mr. Spring: There are no payments due -- Commissioner Suarez: -- if we had to extend -- I see what you're saying because there's -- Mr. Spring: Yeah. Commissioner Suarez: -- a difference in the basis point payments that we would have had to make if we wouldn't have refinanced. Mr. Spring: Correct. Chair Sarnoff. All right. So we had a motion, we had a second. Any further discussion? All in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED AND SIXTY THOUSAND DOLLARS ($160,000) (THE "GRANT"), FROM THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, TO ASSIST IN THE PAYMENT OF AN ANNUAL FACILITY FEE FOR AN IRREVOCABLE STANDBY LETTER OF CREDIT IN THE AMOUNT OF FIFTY MILLION DOLLARS ($50,000,000) ("LETTER OF CREDIT") FROM WELLS FARGO BANK, N.A., OBTAINED BY THE CITY OF City ofMiami Page 110 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 MIAMI FOR THE MIAMI PORT TUNNEL PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A GRANT AGREEMENT AND ALL OTHER DOCUMENTS NECESSARY FOR SAID PURPOSE, IN FORM(S) ACCEPTABLE TO THE CITY ATTORNEY; ACCEPTANCE OF THE GRANT FUNDING INTO AND APPROPRIATION FROM ACCOUNT NO. 24014.162000.481000.0000.00000 TO PAY THE ANNUAL FACILITY FEE FOR THE LETTER OF CREDIT. 10-01441-Legislation. pdf 10-01441-Backup Documentation.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort R-10-0566 Chair Sarnoff All right, number 2. Item -- Larry Spring (Chief Financial Officer): The second -- sorry. Chair Sarnoff I'm sorry. Mr. Spring: The second pocket item is a resolution of the City Commission authorizing the City Manager to accept a grant in the amount not to exceed $160, 000 from the Omni Redevelopment District CRA (Community Redevelopment Agency). Back in October, the City -- the CRA, the Omni CRA approved the grant to pay for the 90 days of interest on the letter of credit from October 6 through January 6. The City never officially accepted that grant, and we need to do so in order to close out the letter of credit when we close the note so -- Chair Sarnoff All right. Commissioner Suarez: So moved. Chair Sarnoff We have a motion -- Commissioner Dunn: Second. Chair Sarnoff -- by Commissioner Suarez, second by Commissioner Dunn. Any further discussion or discussion on this item? Hearing no discussion, all in favor, please say "aye. The Commission (Collectively): Aye. Mr. Spring: Thank you. Chair Sarnoff Thank you. NA.6 RESOLUTION 10-01440 District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE Commissioner MEMBERS OF CONGRESS TO INTRODUCE LEGISLATION OPPOSING Wifredo (Willy) Gort CULTURAL EXCHANGES BETWEEN CUBAAND THE UNITED STATES SO LONG AS THE CUBAN GOVERNMENT CONTINUES ITS VIOLATION OF BASIC FREEDOMS AND HUMAN RIGHTS; DIRECTING THE CITY CLERK TO City ofMiami Page 111 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS AS STATED HEREIN. 10-01440-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) Sarnoff, Carollo, Suarez, Dunn II and Gort R-10-0567 Chair Sarnoff All right. Commissioner Gort has a pocket item and he's recognized for the record. Commissioner Gort: Thank you. I receive a lot of phone calls for an event that took place at ManuelArtime Theater last week, which created sort of a problem for the City ofMiami. And the major problems that we have is the federal government had a -- they created the exchange between -- they created the legislation prohibiting exchange between Cuba and the United States so long as the Cuban government continues its violation. I have a policy -- the United States policy was that the -- have an exchange of culture -- cultural, athletics, and artistic event to take place. The problem that we have is it's very difficult to maintain. In 1996 -- at the time because of the amount of Cuban residents in exile that came to the City ofMiami, in 1996 the City Commission at that time approved a resolution stating that the City ofMiami is considered the exile city for the Cuban community since there were so many people (UNINTELLIGIBLE). The problem is the -- this cultural exchange that has taken place, I'd like to have a resolution requesting that the federal government do away -- since this is not really a cultural exchange, this is being used more as a political exchange and it's not bilateral; it's unilateral, andl believe that the -- we should send this letter to the -- resolution to the federal government. I would like to - -Madam Attorney to please read the resolution. Chair Sarnoff All right. We have -- Commissioner, we're working off of 01-442 or 01-440? 40? Commissioner Gort: 40. Chair Sarnoff Okay. We have a motion by Commissioner Gort. Is there a second? Vice Chair Carollo: Second for discussion. Chair Sarnoff Second by the Vice Chair. The Vice Chair is recognized. Vice Chair Carollo: Thank you, Mr. Chairman. I just want to verifi, with the City Attorney that -- the constitutionality behind this and make sure that everything is kosher. Julie O. Bru (City Attorney): This first resolution that Commissioner Gort has introduced would basically just be -- this is just this Commission urging Congress to adopt legislation that would prohibit this kind of cultural exchange, which Commissioner Gort has -- believes that it's more, you know, political propaganda than real artistic performances. Vice Chair Carollo: And would it violate any freedom of speech or anything like that? Ms. Bru: This is just an expression of your policy that you would like Congress to do something about this. This is not taking any action on the part of the City. Vice Chair Carollo: Understood. City ofMiami Page 112 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Mayor Tomas Regalado: Mr. Chairman. Chair Sarnoft Mr. Mayor, you're recognized for the record. Vice Chair Carollo: It happens when they're pocket items. Mayor Regalado: I think it's important that we understand that all of these is a federal government issue. And in the past the City has asked the federal government to change policy or to comply with the law. What Commissioner Gort is doing is what we believe is the right thing, to ask Congress to apply the law, to follow the law. The law of the United States has been violated in the spirit and the letter because the so-called cultural exchange is only one way, and the law states clearly that it has to be two ways. So what this is is a call for Congress to either direct the State Department to cease and desist of issuing visas or determine that if the law is not being complied with, then they have to change the law or cancel this project. We have also asked the lobbying team in Washington to look into this and lobby the Congress. I sent a letter to the new chairperson of the House Foreign Relations Committee, Ileana Ros-Lehtinen, asking in behalf of the City ofMiami to look into this. Andl think it's important that we send the message that we want the law to be fully complied or that these events are canceled because it's not within the law of the United States. So I totally support this and I think it's important -- we're following also -- other cities are following through. However, I should note that the City ofMiami is taking the brunt of these visits because 90 percent of the events are being held within the City of Miami boundaries. So it's important that we communicate to the Congress the will of the elected officials and the City ofMiami itself. Thank you. Chair Sarnoff Thank you, Mr. Mayor. Commissioner Gort: Mr. Chairman, I'd like for the attorney to please read the resolution. I think it'd be very important, and the whereas. Ms. Bru: This resolution is whereas, the people of Cuba have suffered under the totalitarian dictatorship for nearly half a century; and whereas, countless innocent Cubans have been detained, imprisoned, tortured, maimed and executed for the simple act of exercising their basic human rights; and whereas, in the 1990s, President Bill Clinton opened a cultural exchange program with Cuba that allowed Americans and Cuban Americans to visit Cuba, and some Cuban government -sponsored artists and writers were allowed to tour and work in the United States; and whereas, Americans or Cuban Americans critical of the Cuban government were not allowed to enter Cuba; and whereas, in 2004, after the Cuban government ordered the execution by a firing squad of three black teenagers who tried to hijack a boat to flee Cuba and sentenced 75 dissidents to up to 28 years in prison, President George W. Bush suspended the cultural exchange with Cuba and imposed restrictions to trips and Cuban American remittances to the island; and whereas, this year, President Barack Obama, under the Cuban Asset [sic] Control Regulations, relaxed such regulations -- restrictions to the levels they were before 2004, and also began a new cultural exchange between the United States and Cuba with the hope that his actions encouraged the Castros' regime to release political prisoners and restore some fundamental freedoms; whereas, the Cuban government has shown no improvement towards respecting basic human rights; and whereas, under the pretense of cultural exchange, Cuba is sending communist agents spreading pro -Castro propaganda in order to provoke the Cuban community. So the Miami City Commission urges the members of Congress to oppose legislation permitting cultural exchanges between Cuba and the United States so long as the Cuban government continues its violation of these basic freedoms and human rights. And we're directing the City Clerk to transmit this Resolution to President Barack Obama, the Speaker of the House, Senate Majority Leader, Senators Bill Nelson and George LeMieux, and Miami -Dade County, United States, and the Miami -Dade County Congressional Legislative Delegation. City ofMiami Page 113 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 NA.7 10-01442 District 1 - Commissioner Wifredo (Willy) Gort Commissioner Gort: Also, it's being requested by many of the cities within the City ofMiami, especially the Leagues of Cities, to -- this presentation made to them so they can copy it and have it adopted also. Chair Sarnoff Okay. All right, we -- Commissioner Gort: My motion. Chair Sarnoff -- have the motion -- Commissioner Dunn: Second. Chair Sarnoff -- we have a second. Vice Chair Carollo: I was -- I -- Chair Sarnoff We had the motion and a second. We did. Commissioner Dunn: Oh, already did. Chair Sarnoff And -- Priscilla A. Thompson (City Clerk): But may I please ask, Chair? Chair Sarnoff Yes, sir -- ma'am. Ms. Thompson: And l just want -- would like clarification from Commissioner Gort. It sounded as though you have directed us to add certain delegations and everything on that last part because you said the Miami [sic] League of Cities -- Commissioner Gort: I'll take care of that personally. Ms. Thompson: Thank you. Commissioner Gort: Yes. Ms. Thompson: Thank you. Chair Sarnoff All right. We have a motion, we have a second. Any further discussion, gentlemen? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REQUIRING, AS A CONDITION FOR THE USE OF ANY CITY OF MIAMI VENUE, FOR PUBLIC PERFORMANCES, CLINCS, WORKSHOPS, ATHLETIC AND OTHER COMPETITIONS, AND EXHIBITIONS, BY ANY NATIONAL SUBJECT TO RESTRICTIONS IMPOSED BY THE UNITED STATES DEPARTMENT OF TREASURY, THE SUBMISSION TO THE CITY OF MIAMI OF EVIDENCE OF THE EXISTENCE OF THE ISSUANCE OF THE SPECIFIC LICENSE ISSUED BY THE U.S. DEPARTMENT OF TREASURY FOR SAID PUBLIC City ofMiami Page 114 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 PERFORMANCE, CLINIC, WORKSHOP, ATHLETIC AND OTHER COMPETITION, AND/OR EXHIBITION. 10-01442-legislation. pdf Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort R-10-0568 Chair Sarnoff And you have 10-10442. Commissioner Gort: I have a second resolution, which is the -- as you all remember, the City of Miami has a facility that was named Manuel Artime, which is the facility that was named after an individual that was a head of the Bay of Pig [sic] invasion into Cuba. And unfortunately (UNINTELLIGIBLE) -- Chair Sarnoff Who's got a cell phone on? Commissioner Gort: The Miami Herald. And we need to realize that this is a slap in the face to have these individuals coming from Cuba and perform in a place named after a person that was part of the invasion of Cuba. At this time, I would like for the City Attorney to read the resolution that we established for this and trying to comply with the law. Julie O. Bru (City Attorney): This resolution would provide for the following. The United States Department of the Treasury authorizes the issuance of specific licenses, on a case -by -case basis, authorizing transactions incident to participation in public performances, clinics, workshops, athletic, and other competitions and exhibitions in the United States by nationals from foreign countries. And for purposes of such participation, the United States requires visas or other travel authorization issued by the Department ofState. Whereas, any person who violates said regulations or any licenses issued under that law, are subject, upon conviction, to fines of not more than $1, 000, 000, or if it's an individual, of a fine of not more than $100,000 or imprisonment for not more than 10 years; whereas, the City ofMiami venues are available for use by any person, including nationals -- said nationals from Cuba, for public performances, clinics, workshops, athletic, and other competitions and exhibitions; whereas, in order to avoid an inadvertent violation of said regulations or any license issued thereunder by the City ofMiami or any of its officials, officers, agents or employees, any person subject to said regulations, wishing to use a City ofMiami venue, shall, as a condition to the use of said venue, provide the City ofMiami with evidence of the existence of the issuance of the specific license issued by the U.S. (United States) Department of Treasury for the public performance, clinic, workshop, athletic, or other competition and/or exhibition said national wishes to use for the venue. Commissioner Gort: So move. Commissioner Dunn: Second. Chair Sarnoff All right. We have a motion, we have a second. I have a question, Madam Clerk -- Madam Attorney, excuse me. We're not criminalizing this, right? Ms. Bru: No. The intent of this resolution is to make sure that whomever -- and this is content neutral. This applies to anyone who is subject to federal regulations regarding visas and specific licenses for appearance in this country, so any of these individuals, which may include Cuban nationals, but this is not focusing on Cuban nationals. Any individuals coming to appear here in one of our venues, if they're subject to these regulations, they have to provide us with the license showing that they have been permitted in accordance with federal law. City ofMiami Page 115 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Chair Sarnoff The only reason I ask is because it says Section 1, the recitals and findings contained in the preamble to this resolution are adopted by reference and incorporated herein as if fully set forth in this section, and that's part of your therefore. And that talks about a fine and imprisonment. Ms. Bru: Because in that whereas, we're just referencing what the federal law provides. Commissioner Gort: Federal law. Ms. Bru: We don't enforce it; the federal government enforces it. Chair Sarnoff Okay. All right, any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Gort: Thank you. Appreciate it. Chair Sarnoff Thank you. Applause. Chair Sarnoff I'll tell you what, if you guys -- if you want to stay for the rest of the Commission meeting, great. But if you want to get up and leave right now, I'll give you guys a two -minute quick out so you won't disturb us. Willy, you want to say it in Spanish? Commissioner Gort: (Comments in Spanish not translated.) Priscilla A. Thompson (City Clerk): I'm sorry, Chair. Chair Sarnoff You need to address -- come up to the dais -- I'm sorry, come up to the podium. Anais Acuna: Okay. Just wanted to identify ourselves here. I'm in representation of the American Missile Crisis Veterans Association. And all the -- I would like to thank -- first of all, my name is Anais Acuna, and I'm national delegate and spokesperson for this American Missile Crisis Veterans Association. I would like to thank, on behalf of everyone here, all the organizations, what you have done today. And Mr. Manuel Malgor, who is the president of the American Missile Crisis Veterans Association, would like to have a word with you. Manuel Malgor: Well, good afternoon. I would like to thank all of you, City Mayor and the Commissioners, because of taking this step. I believe this for us is monumental. We are the American Missile Crisis Veteran Association. We volunteer into the army in 1962 in the October crisis that the Castro regime put in danger the whole world with a nuclear (UNINTELLIGIBLE). And history is forgetting those things what we are not. And we see now the same people that put the world in that situation and the country in which we're born under tyranny for 52 years, sending people over here to (UNINTELLIGIBLE) and bother us. That's the reason of coming over here because they are people sending by the government. There's no other way and we know that. And it's bothering the people here. It's creating some disturbance within the community, and we saw those things and we pretend to stop it in some way. And we have 36 exile organizations, like the (UNINTET,T IGIBT ,F), the Brigada 2506, and those things. The organizations (UNINTELLIGIBLE), they are joined with us and we request from you something like this, and thanks God we got it and we thankyou real -- for real thankyou. Commissioner Gort: Okay. City ofMiami Page 116 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Mr. Malgor: Good afternoon. Chair Sarnoff Thank you. Commissioner Gort: Thank you. It was our pleasure. Thank you. NA.8 RESOLUTION 10-01446 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF NEISEN KASDIN AS A MEMBER OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Neisen Kasdin Governor's appointment ratified per by-laws (Term 9/1/2010 through 8/31/2014) of Downtown Development Authority 10-01446-Submittal-Veronica Xiques-Email.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort R-10-0573 Chair Sarnoff All right. Commissioner Gort: Go ahead. Chair Sarnoff Very quickly, I have a pocket item, gentlemen. Don't worry; it's nothing costly. It is merely to appoint -- it's a -- we had passed Niesen Kasdin's appointment on the -- he was the governor's appointment for the DDA (Downtown Development Authority). It was provisionally done. Thirty days has passed so the provision can be taken out of it. So if somebody can make a motion to appoint Neisen -- Commissioner Suarez: So move. Chair Sarnoff -- Kasdin. Motion by Commissioner Suarez, second by Commissioner Dunn. Any discussion? No -- hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Thank you, gentlemen. NA.9 RESOLUTION 10-01448 City ofMiami Page 117 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner CITY MANAGER TO ALLOW CITY OF MIAMI EMPLOYEES A MOMENT OF Richard Dunn II REFLECTION IN OBSERVATION OF THE HAITIAN DAY OF MOURNING ON JANUARY 12, 2011 AND EVERY YEAR SUBSEQUENT THERETO. 10-01448-Legislation. 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) Sarnoff, Carollo, Suarez, Dunn II and Gort R-10-0569 Chair Sarnoff All right. Madam Clerk, I think we're done. Commissioner Dunn: One -- Chair Sarnoff Oh, we're not. Priscilla A. Thompson (City Clerk): No. Chair Sarnoff What else? Commissioner Dunn: -- second, Mr. Chairman. Commissioner Gort: Pocket items. Chair Sarnoff Oh, I apologize. You do have a pocket item. Vice Chair Carollo: No. Chair Sarnoff You're rec -- Vice Chair Carollo: Another one? Chair Sarnoff You're recognized. Commissioner Dunn: This is a good one. Chair Sarnoff You're recognized for the record, Commissioner Dunn. Commissioner Dunn: Thank you. This is a resolution asking or authorizing the City Manager to allow the City ofMiami employees a moment, as well as the -- well, the employees a moment of reflection in observance of the Haitian Day of Mourning, which will commemorate the dreadful day of the earthquake of January 12, 2010. It'll be on 2011. The reason I'm bringing it up now is because we will not have a meeting prior to that date of January 12. And so if -- I guess I would ask the City Attorney to read the -- Did they give --? Yes. The Resolution was read by title into the public record by the City Attorney. Chair Sarnoff All right. We have a motion by Commissioner Dunn. Is there a second? Commissioner Gort: Second. Vice Chair Carollo: Second. City ofMiami Page 118 Printed on 1/6/2011 City Commission Meeting Minutes December 16, 2010 Chair Sarnofff. Second by the Vice Chair. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. ADJOURNMENT A motion was made by Vice Chair Carollo, seconded by Commissioner Suarez, and was passed unanimously, to adjourn today's meeting. City ofMiami Page 119 Printed on 1/6/2011