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HomeMy WebLinkAboutCC 2011-01-13 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, January 13, 2011 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chairman Frank Carollo, Vice -Chairman Marc David Sarnoff, Commissioner District Two Francis Suarez, Commissioner District Four Richard P. Dunn 11, Commissioner District Five Tony E. Crapp Jr., City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes January 13, 2011 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM -APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. [Later...J'fefers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 8:30 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 11-00013 9:00 A.M. PRESENTATION Honoree City Year Volunteers 11-00013 Protocol List .pdf PRESENTED Presenter Protocol Item Commissioner Suarez Certificates of Appreciation 1. Mayor Regalado and Chair Gort saluted Dr. Frances Bohnsack, honoring her exceptional service and dedication as Executive Director of the Miami River Marine Group, and applauded Dr. Bohnsack's leadership and expertise that resulted in the favorable judicial outcome for Miami River shipping interests. 2. Commissioner Suarez presented a commendation to Annaliese Garcia for her dedication to elevating the quality of life of our citizens through the provision of free instruction in a volunteer dance program at the Boys and Girls Club ofMiami. 3. Commissioner Suarez saluted City Year members by congratulating City Year Miami for its focus on developing members' leadership and social skills through the opportunity to serve in schools and neighborhoods to help students and schools succeed and build stronger communities. 4. Commissioner Sarnoff acknowledged the work ofMacy's Department Stores, Bill Fuller and Martin Pinilla from the Barlington Group, and Larry Gautier from the Keyes Company, for their efforts in brokering a deal that brings new retail establishments to Downtown Miami's central business district which furthers the City of Miami's efforts to revitalize this important neighborhood. Chair Gort: At this time, we're going to make the presentations. Presentations made. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Dunn II On the 13th day of January 2011, 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 Gort at 9:19 a.m., recessed at 12: 09 p.m., reconvened at 2: 57 p.m., recessed at 5:15 p.m., reconvened at 5: 50 p.m., and adjourned at 6:19 p.m. Note for the record: Vice Chair Carollo entered the chambers at 9: 46 a.m. ALSO PRESENT: Julie O. Bru, City Attorney City ofMiami Page 3 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 MAYORAL VETOES Tony E. Crapp, Jr., City Manager Priscilla A. Thompson, City Clerk Pamela L. Latimore, Assistant City Clerk Chair Gort: (INAUDIBLE) meeting of January 13, 2011, the first one of the year. At this time, with me here is -- he should be here in a minute -- Vice Mayor -- Vice Chairman Frank Carollo. We have Commissioner Richard Dunn, Commissioner Marc Sarnoff, and Commissioner Francis Suarez. With us also, we have the City Manager, Tony Crapp; City Attorney, Julie Bru, and the City -- Priscilla Thompson, City Clerk. They're going to be here with you. At this time I'll ask for all you stand, the invocation by Commissioner Suarez, and the pledge of allegiance by Commissioner Dunn. Invocation and pledge of allegiance delivered. NO MAYORAL VETOES Chair Gort: Do any Commissioner wish to remove any item or have an item removed the agenda? Priscilla A. Thompson (City Clerk): Chair, ifI might. Chair Gort: Yes. Ms. Thompson: If may. Chair Gort: Yes. Ms. Thompson: Our first order of business actually -- your next order of business on the agenda is the notification of mayoral vetoes. Chair Gort: Okay. Ms. Thompson: Okay. And I'll just -- Chair Gort: Do we have -- we don't have any mayoral vetoes. Ms. Thompson: Right. That is correct. We have not received any mayoral vetoes. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Gort: Okay. Also, you need a motion to approve the minutes. Priscilla A. Thompson (City Clerk): Thank you. Vice Chair Carollo: So moved. Commissioner Suarez: Second. City ofMiami Page 4 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Chair Gort: It's been moved and second. Vice Chair Carollo: And the minutes are? Commissioner Suarez: December 16 and Planning and Zoning. Vice Chair Carollo: Madam City Clerk, if you could -- Ms. Thompson: Yes. Vice Chair Carollo: -- tell me the dates, please. Ms. Thompson: I'm sorry? Vice Chair Carollo: The dates of the minutes. Ms. Thompson: Okay, sure. We have for approval at this meeting the regular meeting minutes for December 610 -- I'm sorry, 16, 2010, and the PZ (Planning & Zoning) meeting of December 16, 2010. And Chair, I'm sorry. I had the mover as Vice Chair Carollo, but I did not get your -- Thank you. Chair Gort: Second was Suarez. Ms. Thompson: Thank you. Chair Gort: Any discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Have it. END OF APPROVING MINUTES ORDER OF THE DAY Chair Gort: We'll now begin the regular meeting. We'll have the City Attorney to tell us how to proceed. Julie O. Bru (City Attorney): Thank you, Mr. Chair. Welcome as Chair to the Commission. Members of the Commission, Madam City Clerk, and Mr. Manager -- welcome as Mr. Manager -- and members of the public, any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. You should know that the material for each item that is on the agenda is available during business hours at the City Clerk's office or online at www.miamigov.com. Also, if anyone wishes to appeal any decision made by the City Commission for any matter considered at this meeting, you may need a verbatim record of the item. Please, no cell phones or other noise -making devices. Turn all those off now. And person who makes offensive remarks or who becomes unruly in the chambers will be barred from further attending Commission meetings. In terms of timing, the recess will begin at the conclusion of deliberation for the agenda item being considered at noon, unless the Chairman indicates otherwise. And the meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 or at the conclusion of the regularly scheduled agenda, whichever occurs first, and of course, unless the Chairman indicates otherwise. Finally, any person with a disability requiring auxiliary aids and services for this meeting, please notify the City Clerk. Thank you. City ofMiami Page 5 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Chair Gort: Thank you. [Later..] Chair Gort: Does any of the Commissioner like to have any item pulled from the agenda? Vice Chair Carollo: I'm sorry, Commissioner? Chair Gort: Do any of the Commissioner like to have any item removed from the consent agenda? Vice Chair Carollo: I would, Mr. Chairman. RE.2, to have it withdrawn. Tony E. Crapp, Jr. (City Manager): Mr. Chairman, the Administration has some items to remove from the agenda, if you don't mind. Chair Gort: Okay. Any other Commissioner? Commissioner Suarez: RE (Resolution) -- I'm sorry, CA. 6. Are we talking about pulling things out of consent or we're talking about deferrals? Chair Gort: Let's get them all, yes. Commissioner Suarez: I'm sorry? Chair Gort: Get them all, consent and the regular agenda. Commissioner Suarez: Just -- I'd like to pull out CA. 6 whenever we get to that. Vice Chair Carollo: Hold on, Mr. Chairman. I think we have two separate items here. Commissioner Suarez: Yeah, I may have gotten confused. Vice Chair Carollo: The consent item to pull to discuss and then what I'm saying and I thought what you asked was items that we're going to either defer or withdraw or so forth to other meetings. Chair Gort: I'll take both at this time. Vice Chair Carollo: Okay. Commissioner Suarez: Okay. So just to pull -- when we get to the consent, to pull for discussion CA.6, please. Vice Chair Carollo: Mr. Chairman. Chair Gort: Commissioner Carollo, my understanding is you want to -- Vice Chair Carollo: Withdraw RE.2. Chair Gort: -- withdraw RE.2. Vice Chair Carollo: And I have some consent agenda items that I want to pull for discussion -- City ofMiami Page 6 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Chair Gort: Discussion. Vice Chair Carollo: -- which will be CA.4 and CA.7. Chair Gort: Okay. Anyone else? Commissioner Dunn: Mr. Chairman, I would like to continue RE. 2 and RE. 6. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Commissioner Dunn has asked to continue it, and I've asked to withdraw it. Can we just withdraw it and then --? Commissioner Dunn: Okay, okay. That's fine. Vice Chair Carollo: Thank you. Commissioner Dunn: I'm sorry. I didn't hear you -- Chair Gort: Okay. Commissioner Dunn: -- Vice Chair. Chair Gort: Commissioner Sarnoff? Okay. Mr. Crapp: Mr. Chairman, Commissioners, we -- the Administration would like to defer CA.4 to a future date. We'd like to withdraw CA.5. We'd like to defer SR.3 to the January 27 meeting. RE.4, we'd like to defer to January 27. RE.5, we'd like to defer to a future date. Chair Gort: RB.4 [sic] and RB. 5 [sic]. Mr. Crapp: Yes, sir. Chair Gort: Okay. Is that it? Mr. Crapp: That's it. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: I'm not sure ifI could make a motion on pulling the consent agenda and also the deferrals and withdrawals so ifI could request the City Clerk to give us some guidance with that. Priscilla A. Thompson (City Clerk): For the ease of the record, it would be easier to handle your withdrawals, your continuances, and your deferrals on one motion. That is because on your CAs (Consent Agenda) that you're pulling, you don't need a motion on those. So if you want to entertain a motion on your continuances, deferrals, and withdrawals, you can do that. Chair Gort: We'll do that. Vice Chair Carollo: I will make a motion on -- City ofMiami Page 7 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Commissioner Dunn: Second. Vice Chair Carollo: -- the continuance, withdrawals, and defers [sic] that were mentioned. However, before we vote, I do want to go over them again, if possible, and that's my motion. Commissioner Suarez: Second. Ms. Thompson: Would you like -- Chair Gort: It's been moved and second. Yes. Ms. Thompson: --for me to read them to you? Chair Gort: Yes. Vice Chair Carollo: Please. Ms. Thompson: Okay. And if I've made a mistake, please chime in. I have RE.2 being withdrawn by Vice Chair Carollo; CA. 6 being pulled for discussion by Commissioner Suarez. Vice Chair Carollo has pulled for discussion CA.4 and CA. 7. Okay. Vice Chair Carollo: But I believe Commissioner Dunn or the Administration wants to actually defer CA.4. Chair Gort: Defer CA -- Mr. Crapp: Right. Ms. Thompson: Okay, I'm just going down our list so you all make a determination for me. Then Commissioner Dunn would like to continue RE. 6, and that means it will come back on February 10. Then the Manager has asked for a deferral of CA.4. The deferral to a later date means we will show it as an indefinite deferral, which has a timeline of six months. Then the Manager is withdrawing CA.5. Manager is deferring to the January 27 meeting SR.3. Mr. Crapp: Right. Ms. Thompson: The Manager is deferring to the January 27 meeting, RE. 4. And then lastly, RE.5 is being deferred by the Manager to a future date, so we'll show that as an indefinite deferral. Chair Gort: Okay. There's a motion and a second. Discussion. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: And just for clarity since I'm the maker of the motion, CA. 4 is going -- I would take the deferral instead of pulling it. So for CA.4, the Administration wants to defer it and my motion will be with a deferral of CA.4. Chair Gort: Okay. All right, there's a motion and second. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. City ofMiami Page 8 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Chair Gort: Thank you. Unanimous. City ofMiami Page 9 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 CONSENT AGENDA CA.1 RESOLUTION 10-01379 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Administration ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $344,550, FROM THE "EPA BROWNFIELDS JOB TRAINING GRANT, TO THE UNIVERSITY OF SOUTH FLORIDA-OSHA TRAINING INSTITUTE EDUCATION CENTER, TO PROVIDE ENVIRONMENTAU"GREEN JOB" TECHNICAL TRAINING TO CITY OF MIAMI RESIDENTS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE WITH SAID ENTITY. 10-01379 Summary Form.pdf 10-01379 EPA Cooperative Agreement. pdf 10-01379 Pre Legislation.pdf 10-01379 USF Job Training Program. pdf 10-01379 Legislation. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0001 CA.2 RESOLUTION 10-01411 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Purchasing RECEIVED OCTOBER 18, 2010, PURSUANT TO INVITATION FOR BID NO. 237235, FOR GROUP A, FROM THEBIGWORD, INC. (PRIMARY), INTERPRETERS UNLIMITED, INC. (SECONDARY), LANGUAGE BANK, INC. (TERTIARY), FOR GROUP B, FROM GREEN TRANSLATIONS, LLC. (PRIMARY), THEBIGWORD, INC. (SECONDARY), NATIVE PROJECTS, LLC (TERTIARY), AND FOR GROUP C, FROM INTERPRETERS UNLIMITED, INC. (PRIMARY), ASSOCIATE INTERPRETERS, INC. (SECONDARY), THEBIGWORD, INC. (TERTIARY), THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS FOR PROFESSIONAL INTERPRETING AND TRANSLATION SERVICES, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) 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 10 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 10-01411 Summary Form.pdf 10-01411 Award Recommendation.pdf 10-01411 Tabulation of Bids.pdf 10-01411 Detail by Entity Name - Native Projects.pdf 10-01411 Detail by Entity Name -Associate Interprises.pdf 10-01411 Addendum No. 1.pdf 10-01411 Invitation for Bid.pdf 10-01411 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0002 CA.3 RESOLUTION 10-01412 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED NOVEMBER 8, 2010, PURSUANT TO INVITATION FOR BID NO. 245231, FOR GROUP 1, FROM JACK O. KNOWLES ANIMAL CLINIC, P.A., AND FOR GROUP 2, FROM RAUL JIMENEZ, DVM, P.A. & ASSOCIATES, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, FOR VETERINARY SERVICES FOR CITY OF MIAMI POLICE CANINES AND EQUINES, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 10-01412 Summary Form.pdf 10-01412Award Recommendation.pdf 10-01412 Tabulation of Bids.pdf 10-01412 Detail by Entity Name - Knowles .pdf 10-01412 Detail by Entity Name - Jimenez DVM.pdf 10-01412 Invitation for Bid.pdf 10-01412 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0003 Adopted the Consent Agenda CA.4 10-01413 Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RESOLUTION City ofMiami Page 11 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Department of Capital Improvements Program CA.5 10-01414 Department of Fire -Rescue A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING GRANT FUNDS, IN AN AMOUNT NOT TO EXCEED $46,500, FROM THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") FOR THE MIAMI WOMAN'S CLUB BAYWALK - PHASE I PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIND PROJECT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANTAWARD; ALLOCATING THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $46,500, FROM THE CITY OF MIAMI COMMUNITY REDEVELOPMENT AGENCY OMNI FUND. 10-01413 Summary Form.pdf 10-01413 FIND Prior Legislation 1.pdf 10-01413 FIND Prior Legislation 2.pdf 10-01413 Legislation.pdf 10-01413 Exhibit .pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE CITY OF DANIA BEACH, FLORIDA TO INCLUDE THE CITY OF DANIA BEACH, FLORIDA, AS A PARTICIPATING AGENCY IN FLORIDA TASK FORCE 2 OF THE NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM (" US&R FL TF-2") OF WHICH THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE IS THE SPONSORING AGENCY AND SETTING FORTH THE AGENCIES' RESPONSIBILITIES IN CONNECTION WITH THE CONTINUING DEVELOPMENT AND SUPPORT OF US&R FL TF-2 FOR THE PURPOSE OF PROVIDING LIFE-SAVING EMERGENCY DISASTER RESPONSE ASSISTANCE TO PEOPLE IN NEED. 10-01414 Summary Form.pdf 10-01414 Dania Beach Resolution.pdf 10-01414 Legislation.pdf 10-01414 Exhibit.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II CA.6 10-01416 Department of Parks and Recreation RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RENAMING GOLDEN ARMS MINI PARK LOCATEDAT2000 SOUTHWEST24TH STREET, MIAMI, FLORIDA, TO "SILVER BLUFF PARK;" FURTHER DIRECTING THE CITY City ofMiami Page 12 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 MANAGER TO TAKE ALL ADMINISTRATIVE ACTION NECESSARY TO EFFECTUATE THE RENAMING OF SAID PARK. 10-01416 Summary Form.pdf 10-01416 Community Meeting Notice.pdf 10-01416 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Carollo R-11-0004 Chair Gort: Now let's bring up the CA.6. Commissioner Suarez: Thank you, Mr. Chairman. Thank you. I just wanted to pull it out of the consent agenda not particularly for any sort of question and answer, just to highlight something that want to make a point of emphasis. Every time that we take an action to support and increase our parks in the City ofMiami, it's an issue that, you know, the Vice Chairman has expressed a lot of concern about. It's an issue that a lot of our residents have organized themselves and expressed concerns. But I think when we do things right and when we do positive things for our parks, we have to kind of sing it from the top of our lungs because, you know, we're often criticized for not doing enough, not having enough space. Andl think sometimes there is a difficulty in understanding the challenge that we deal with in expanding our parks. We deal with a challenge on the expense end in maintaining them and running programs, et cetera. We deal with a challenge in acquiring the land because we're in an urban city and it's hard to assemble property. Nevertheless, Commissioner Sarnoff has, you know, in this last year, helped us purchase a property on Brickell, which, to me, is astonishing that we were able to get for the price that we got. And we've done several things throughout the year to increase our parkland in the aggregate and also increase our programs, our facilities, and make it better for our residents. Andl just want -- every single time that there's something on the agenda regarding -- I'm going to pull it out and I'm going to make that emphasis because I think we are often criticized but we're not enough lauded for our efforts. And so I want to move this item. And I'm very proud to, as the Mayor who represented our district, make this change from Golden Arms Park to Silver BluffPark, which is a change that the residents have requested, and to increase the facilities of that park for their benefit. Commissioner Sarnoff.. Second. Vice Chair Carollo: Second. Chair Gort: It's been moved and second. Discussion? Mr. Mayor. Mayor Tomas Regalado: I just want to congratulate Commissioner Suarez for this action. I will tell you that this lot, now park, has a history, and it has come a very, very, very long way. That lot used to be a gathering place for people doing drugs, for people -- in fact, the police responded many times because there were shootings in that very quiet neighborhood of Silver Bluff. I will tell you that throughout the years, we have worked with the building -- HUD (Department of Housing and Urban Development) building next to it, a very unusual building in the middle of a residential, but that -- it's grandfather, as you know, Commissioner. And for the past four or five years, little by little, we have been -- first bringing the lights, which was the paramount issue of the residents, to the parks, and then small amenities and all that. Andl would like to commend you, Commissioner, for what you are doing now because Silver Bluff did not had [sic] a park at all. They will have to cross Coral Way to go to Shenandoah or go as far as Douglas to go to Douglas Park. So I just want to commend you for what you're doing, sir. City ofMiami Page 13 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Commissioner Suarez: Thank you, Mayor. Thanks for your help and the Administration's support in that as well. Chair Gort: Thank you. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. CA.7 RESOLUTION 10-01434 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND NMMA BOAT SHOWS, INC. FOR THE USE OF DOCKAGE SPACE AT MIAMARINAAT BAYSIDE FOR THE PRESENTATION OF THE STRICTLY SAIL VENUE OF THE MIAMI INTERNATIONAL BOAT SHOW, COMMENCING FEBRUARY 13, 2011 THROUGH FEBRUARY 23, 2011, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 10-01434 Summary Form.pdf 10-01434 Liability Insurance.pdf 10-01434 Legislation.pdf 10-01434 Exhibit No. 1.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff R-11-0005 Chair Gort: Okay. Is any other item --? Vice Chair Carollo: CA. 7. Chair Gort: C.7 [sic] -- CA.7. Vice Chair Carollo: Thank you, Mr. Chairman. With CA.7, I don't have a problem with this. I actually would like to make the motion. However, what I want is subject to the Administration coming back afterwards and tell -- and letting this Commission know, at least my office, what the actual amount was. There's an estimated amount of revenue. I actually want to see what the actual amount will be. Okay, so I make the motion. Chair Gort: There's a motion. Commissioner Suarez: Second. Chair Gort: A second? Commissioner Dunn: Second. Chair Gort: Any discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye . City ofMiami Page 14 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 END OF CONSENT AGENDA Chair Gort: Mr. Mayor, my understanding, you want to make -- like to make your presentation now. I'm sorry, Mr. Mayor. And please bear with me. It's been a long time since I sat in this chair so -- Mayor Tomas Regalado: Right. Chair Gort: First of all, let's make a motion on the consent agenda with the items that been pulled. Vice Chair Carollo: So move. Commissioner Dunn: Second. Vice Chair Carollo: The consent agenda of all items that were not pulled -- Chair Gort: Correct. Vice Chair Carollo: -- which I believe is -- and I'll go through them just to make sure -- CA.1, CA.2, and CA. 3. So I make a motion on those three CA (Consent Agenda) items. Chair Gort: Okay. There's a motion. Is there a second? Commissioner Suarez: I'll second it. Chair Gort: Okay. Any discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 10-01420 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community ACCEPTANCE OF UNITED STATES DEPARTMENT OF HOUSING AND Development URBAN DEVELOPMENT ENTITLEMENT GRANT FUNDS, IN THE TOTAL PROJECTED AMOUNT OF $27,224,171, AS STATED HEREIN, FOR THE FOLLOWING PROGRAMS: COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS, HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS, AND THE EMERGENCY SHELTER GRANT, FOR PROGRAM YEAR 2011-2012; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF THE ACTUAL AMOUNTS OF GRANT FUNDS WHEN MADE AVAILABLE FOR SAID PURPOSE. 10-01420 Summary Form.pdf 10-01420 Corrected Public Notice.pdf 10-01420 Public Notice.pdf 10-01420 Legislation.pdf City ofMiami Page 15 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff R-11-0006 Chair Gort: Okay, now we go into public hearing, PH. PH.1, this is the public hearings. George Mensah: Mr. Chair, George Mensah, director of Community Development. PH.1 is a resolution authorizing the City Commission to accept US (United States) Department of Housing and Urban Development grant funds, in the amount of approximately $27 million, for CDBG (Community Development Block Grant) HOME (Home Investment Partnership Program), HOPWA (Housing Opportunities For Persons with AIDS), and ESG (Emergency Shelter Grant) grants. Chair Gort: Okay, it's a public hearing. Is anyone in the public would like to address item 1 -- PH.1? Being none, public hearing is closed. Commissioners. Commissioner Dunn: Mr. Chairman. Chair Gort: Yes. Commissioner Dunn: I'd like to make a motion. Vice Chair Carollo: Second. Chair Gort: It's been moved and second. Any discussion? Being none, all in favor, state it by saying, iiye. " The Commission (Collectively): Aye. Chair Gort: Thank you. PH.2 RESOLUTION 10-01419 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF EMERGENCY Development SHELTER GRANT ("ESG") FUNDS FOR PROGRAM YEAR 2011-2012, IN THE PROJECTED AMOUNT OF $352,509 TO THE CITY OF MIAMI HOMELESS PROGRAM NEIGHBORHOOD ENHANCEMENT TEAM AND THE PROJECTED AMOUNT OF $10,902 TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT FOR THE ADMINISTRATION OF GRANT -RELATED ACTIVITIES FOR A TOTAL PROJECTED ALLOCATION OF $363,411; DIRECTING THE CITY MANAGER TO SUBMITA MULTI -YEAR WAIVER REQUEST TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO INCREASE THE PERCENTAGE OF ESG FUNDS THAT CAN BE USED FOR ESSENTIAL SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. City ofMiami Page 16 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 10-01419 Summary Form.pdf 10-01419 Corrected Public Notice.pdf 10-01419 Public Notice.pdf 10-01419 Legislation.pdf 10-01419 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: 4 - Commissioner(s) Gort, Carollo, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff R-11-0007 Chair Gort: PH.2. George Mensah (Director, Community Development): PH.2 is a resolution authorizing the allocation of ESG (Emergency Shelter Grant) funds, in the amount of $352,509, to the Homeless Program of the Neighborhood Enhancement Team in the projected amount of 10,900 to the City ofMiami for administration. Chair Gort: Thank you. Public hearing. Public hearing opens. Is there anyone in the public would like to discuss PH.2? Being none, public hearing is closed. Commissioners. Vice Chair Carollo: So move. Commissioner Dunn: Second. Commissioner Suarez: Second. Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state it saying iiye. " The Commission (Collectively): Aye. PH.3 RESOLUTION 10-01423 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF HOME Development INVESTMENT PARTNERSHIP PROGRAM FUNDS, IN THE PROJECTED AMOUNT OF $4,974,286, FOR HOUSING PROGRAMS, FOR PROGRAM YEAR 2011-2012, IN THE CATEGORIES AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR THE DEVELOPMENT OF AFFORDABLE HOUSING; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID FUNDS. 10-01423 Summary Form.pdf 10-01423 Corrected Public Notice.pdf 10-01423 Public Notice.pdf 10-01423 Legislation.pdf 10-01423 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 17 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff R-11-0008 Chair Gort: PH.3. George Mensah (Director, Community Development): PH.3 is a resolution authorizing the allocation of HOME (Home Investment Partnership Program) funds, in the amount of $4.9 million in the category that is specified attached. Chair Gort: Thank you. Public hearing is opened. Is there anyone in the public like to address the -- PH.3? Being none, public hearing is closed. Board -- Commissioners. Commissioner Suarez: Move it for discussion. Vice Chair Carollo: Second. Chair Gort: It's been moved and second. Discussion. Commissioner Suarez: Thank you -- Chair Gort: Commissioner Suarez. Commissioner Suarez: -- Mr. Chairman. I just -- no questions. I just want to, for the public's sake and knowledge and benefit -- as you all know, I've been a very big proponent of affordable housing and I'm learning more and more about the process as I continue my public service. And I just want to highlight that this is something that's available right now through our Community Development. We have $5 million essentially annually subject to whatever we're allocated later on in the year, and we also have somewhere in the vicinity of an additional $3 million that is unspent. And so what I'm asking in essence is I'm reaching out to the community and asking for you to bring forth your ideas, your projects because there are funds and there are resources available to meet this critical need. And you know, I will be advancing -- I believe it's coming on the next agenda -- a affordable housing piece of legislation, but that deals more with buildability and intensity of buildability, and this is actually dollars and resources -- Mr. Mensah: That's available. Commissioner Suarez: -- on the ground that we can combine with projects in one way, shape, or another. And this allocation also -- not to step on the Chairman's toes, but it's $1.5 million in -- going to the District 1 prerogative so, you know, I want to ask the business owners and the residents of that district to come out with your ideas so that we can use these resources to actually benefit our community. Chair Gort: Thank you. Commissioners. Let me add a little bit. We had a program, which is a second mortgage program for those people that complies with the limit income, and it's a shame not enough people are being -- using. Every time I go to the radio or go to TV (Television), I try to announcement. I give the phone numbers. I think they know every time I go to a radio program because they get all kinds of phone calls. Mr. Mensah: Yes. Chair Gort: I think it's very important for you to give us all the details and make sure we have press releases coming out every time you have a new program -- Mr. Mensah: Yes. City ofMiami Page 18 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 PH.4 10-01425 Department of Community Development Chair Gort: -- to go out and take it to the media. At the same time, I think we need to advocate about -- in favor of these programs. A lot of people are not aware of these programs. Right now, this type of programs can put a lot of people to work, which is what we need. We need to put people to work. Mr. Mensah: Yes. Chair Gort: Thank you. Any further discussion? I have a motion and a second. All in favor, state it by saying iiye. " The Commission (Collectively): Aye. Chair Gort: Thank you. Tony E. Crapp, Jr. (City Manager): Mr. Chairman. Chair Gort: Yes. Mr. Crapp: We'll make sure that we coordinate with the Communications Office to increase the outreach, and we'll get a report back to the Commission also. Chair Gort: Thank you. I appreciate it. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF PROGRAM YEAR 2011-2012, COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, IN THE PROJECTED AMOUNT OF $8,950,890 TO THE ACTIVITIES SPECIFIED IN ATTACHMENT"A", ATTACHED AND INCORPORATED, BEGINNING APRIL 1, 2011; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL THE NECESSARY DOCUMENTS TO IMPLEMENT THE ALLOCATION OF SAID FUNDS. 10-01425 Summary Form.pdf 10-01425 Corrected Public Notice.pdf 10-01425 Public Notice.pdf 10-01425 Legislation.pdf 10-01425 Exhibit 1 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) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0020 Chair Gort: PH.4. George Mensah (Director, Community Development): PH.4 is a resolution of the Miami City Commission authorizing the allocation of CDBG (Community Development Block Grant) funds, in the amount of $8.9 million in the various categories and the housing -- in the categories public service, $1.3 million; administration, 1.7; Code Enforcement, 800,000; Section 108, 550,000; and Economic Development, $4.4 million. City ofMiami Page 19 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Chair Gort: Okay. PH.4, anyone in the public would like to address PH.4? Being none, Commissioners. Vice Chair Carollo: I'd like to make a motion for discussion. Commissioner Suarez: Second. Chair Gort: Been moved and seconded. Discussion. You're recognized. Vice Chair Carollo: Thank you, Mr. Chairman. Mr. Mensah, I want to address the Code Enforcement -- $800, 000 to Code Enforcement. Mr. Mensah: Yes. Vice Chair Carollo: We just, from the last CDBG, allocated $800, 000 to Code Enforcement in the last CDBG budget for this current fiscal year, correct? Mr. Mensah: It's for -- because it's six months, we allocated $450, 000 for six months. Vice Chair Carollo: For six months. Mr. Mensah: Yes. Vice Chair Carollo: Plus an additional $800, 000. And this is for what fiscal year? Mr. Mensah: This is for fiscal year beginning April 1, 2011 to March 31, 2012. Vice Chair Carollo: CDBG year, but what about -- Mr. Mensah: Yeah, CDBG year. Vice Chair Carollo: -- City year? 'Cause City year -- the fiscal year ends September 30 -- Mr. Mensah: Yes. Vice Chair Carollo: -- 2011. Mr. Mensah: Because the CDBG program year has shifted, there will be overlap between the CDBG program year and the City's fiscal program year. So for that reason -- for this year's program -- this year's City fiscal year, they were provided $450, 000 that will take them from October 1, 2010 to March 31, 2011, and they are being given additional $800, 000, which will take them from April 1, 2011 and overlap the next City's year to March 31, 2012. Vice Chair Carollo: So -- Mr. Mensah: So in total -- to make it simple, in total, which means that in this City's fiscal year, they will get 450 plus $400 [sic], so that will be $850, 000. Vice Chair Carollo: And how are we properly accounting for that to make sure that they don't receive more for this fiscal year or all the money is allocated to this fiscal year and not next fiscal year or for the following fiscal year? Mr. Mensah: Well, because of the fact that HUD (Department of Housing and Urban Development) does their -- HUD systems is you cannot take money from the following year because of the way HUD system is. The money available to us is only $450, 000. The next City ofMiami Page 20 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 money that will be available to us will come in in April. So what will happen is that this money is not even available until April. Vice Chair Carollo: And the monies is showing in a special revenue fund, correct? Mr. Mensah: Yes, that's correct. Vice Chair Carollo: For the Code Enforcement budget, did it show how these $800, 000 were going to be spent? Sergio Guadix (Director, Code Enforcement): Yes. They're spent only on inspectors that are -- Chair Gort: And who --? Mr. Guadix: I'm sorry. Sergio Guadix, director of Code Enforcement. They're spent on inspectors that actually work in the areas that are outlined as qualifying for this program. And we have to provide quarterly reports on all the violations that they find and what's actually being ticketed and coming back to the City in form of fines or things like that. Vice Chair Carollo: Could you rephrase that again? Could you say that again? Mr. Guadix: We report this on a quarterly basis -- Vice Chair Carollo: To who? Mr. Guadix: -- to HUD. Actually, to Community Development, which makes that available to HUD on all the fines that are being put out there, all the complaints that the inspectors are working on, and that's how we show them what we're doing. Now it's only -- it can only be used in areas that qualf for this program, so the inspectors that are actually -- the money is going back into our budget is for those inspectors that are in those areas. Vice Chair Carollo: Could you give me an amount of how many inspectors there are, what is their salaries and so forth, and what areas they're -- what is this area that you're talking about? Mr. Guadix: Their actual salaries, I don't have that information with me. I can make that information available to you. But the -- there are ten inspectors that are a part of this program, and they range in salary anywhere from 45 to $60, 000 a year. Vice Chair Carollo: Well, it just doesn't make sense. If $800, 000 and you have ten inspectors and the highest is $60, 000, how do you expend the 800,000? Mr. Guadix: I can give you those exact numbers. I don't have those numbers with me, but I'll bring those numbers for you. Vice Chair Carollo: I need that. Now let me ask you something. Would those numbers be provided before I take this vote? Mr. Guadix: I could have those numbers within 30 minutes for you. That's what I can do. Vice Chair Carollo: So then we should table this for at least 30 minutes until some of those numbers are before us. Mr. Guadix: If that's your prerogative, sir, yes. Vice Chair Carollo: Thank you. City ofMiami Page 21 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Chair Gort: We've got quite a few more we can (UNINTELLIGIBLE). [Later..] Chair Gort: Okay, we now go to the ordinance, second reading. Oh, wait a minute. We got to go back to the questions you had on that one -- we tabled it. Which item was this? PH.4. Mr. Guadix: Mr. Chairman. Chair Gort: Yes. Mr. Guadix: Sergio Guadix, with Code Enforcement. You have in front of you the breakdown of the inspectors that are in that program. There are 15 inspectors there. It includes their FICA (Federal Insurance Contributions Act), their phone -- their cell phone, plus their salary. This is for the first six months, which comes to $400, 000. We have totally allocated to us 650. At 650 it stops. Then the other monies goes for -- I believe it's for demolition. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Thank you. I need a few minutes to look over this. As a matter of fact, I saw the director of Code Enforcement, had the opportunity to speak to the Budget director, speak to the CFO (Chief Financial Officer), and speak to even the accountant of Community Development. So in all fairness, I need a few minutes to digest this, look at the numbers, analyze it, possibly even speak to the Budget director, and at the same time, I will most likely have follow-up questions, so if we can -- Chair Gort: We'll bring it back this afternoon. Vice Chair Carollo: Thank you. Chair Gort: Okey-doke. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: In all fairness, though, it's a PH (Public Hearing) item. I just want to make sure that we don't need an interpreter or -- No? So we could bring it back in the --? Priscilla A. Thompson (City Clerk): No, we're fine. Vice Chair Carollo: Okay. Yeah, so if we could table it to the afternoon, Mr. Chairman. Chair Gort: Okey-doke. Vice Chair Carollo: Thank you. [Later..] Chair Gort: Okay, that takes care of the agenda, except the -- Commissioner Carollo, there was one that you deferred, PH.4. City ofMiami Page 22 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Vice Chair Carollo: And -- PH.4, if we could discuss it after the District 5 agenda, 'cause I still need to meet with the Budget director? Chair Gort: Oh, okay. Vice Chair Carollo: Okay. So after District 5 agenda, which is a time certain for 3. [Later...] Chair Gort: We got one item that was deferred by the Commissioner -- Vice Mayor [sic] Carollo. I believe you'll get -- did you get your answers? Vice Chair Carollo: It was actually tabled. And Mensah, I actually spoke to Mr. Duran. Would you like to proffer what you think should be a adequate amendment? Mr. Mensah: George Mensah, director of Community Development. We've decided that we want to make a change, and that is that the Code Enforcement $800, 000 be put in reserve for a future date so that the Department can provide the Commissioner with the information that he has requested and he has enough time to review them. So at this time, I'm requesting that the resolution be approved, with the exception of the Code Enforcement $800, 000 go into reserves. Vice Chair Carollo: Andl do want to make sure that my colleagues know that it's not going to jeopardize anything right now in the current budget, and we can always reverse or bring it back and make the changements [sic] or leave it as is. But the bottom line is it's not going to affect anything right now. It's just for Community Development, myself, Code Enforcement to get together and see exactly how much money is going where, where is the money being spent, and so forth. Chair Gort: This is FR. 4. Ms. Thompson: No. PH -- Vice Chair Carollo: PH.4. Mr. Mensah: PH.4. Ms. Thompson: -- 4. Chair Gort: Public Hearing 4, yes. Ms. Thompson: Okay. And ifI can just make sure of something, please. Your original -- originally, you had a motion made by Vice Chair Carollo, second by Commissioner Suarez. It sounds as though we've got a modification now to the resolution. I just wanted to make sure that we're -- we were going with the same mover, second, with a modification. Is that correct? Chair Gort: Yes. Vice Chair Carollo: Yes. Ms. Thompson: Thank you. Commissioner Suarez: Yes. I just want to make sure that understand it. We are essentially going to be taking out of the CDBG allocation the $800, 000 for Code Enforcement -related activities -- City ofMiami Page 23 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Mr. Mensah: Yes. Commissioner Suarez: -- until you get a chance to talk to and sit down with --? Okay. Vice Chair Carollo: And we will put it in a reserve. Commissioner Suarez: Got it. Mr. Mensah: Yes. Commissioner Suarez: Got it. So we'll -- got it. Okay. I'm good with it. Vice Chair Carollo: Remember, this funding can be used for economic development. So what we're doing right now is putting it in a reserve. Commissioner Suarez: Right. Vice Chair Carollo: Let me, you know, discuss it with the different departments and so forth. I really want to, you know, see where this funding is going to because $800, 000 is a lot of money. And from that, we could always bring it back. But for right now it will be in the reserves. That way, we could pass the rest of the items, public service, economic development, Section 108, and so forth. Mr. Mensah: Okay. Thank you. Chair Gort: All right. Any further discussion. It's an ordinance. Commissioner Suarez: No. It's a -- Commissioner Sarnoff. Resolution. Mr. Mensah: Resolution. Ms. Thompson: It's a resolution. Chair Gort: Resolution. Oh, okay. Vice Chair Carollo: All in favor -- Chair Gort: All in favor, state it by saying "aye.' The Commission (Collectively): Aye. Chair Gort: Thank you. Mr. Mensah: Thank you. PH.5 RESOLUTION 10-01418 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE ALLOCATION FOR PROGRAM YEAR Development 2011-2012 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE PROJECTED AMOUNT OF $1,342,634, IN THE PUBLIC SERVICE CATEGORY, TO THE AGENCIES SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES City ofMiami Page 24 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 BEGINNING JULY 1, 2011; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCIES FOR SAID PURPOSE. 10-01418 Summary Form.pdf 10-01418 Corrected Public Notice.pdf 10-01418 Public Notice.pdf 10-01418 Legislation.pdf 10-01418 Exhibit 1.pdf 10-01418 Exhibit 2.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Dunn II R-11-0009 Direction by Vice Chair Carollo to the Administration to provide a copy of KirkMenendez's job description, salary, and work currently being performed, to the District 3 Office. Chair Gort: PH.5. George Mensah (Director): George Mensah, Community Development. PH.5 is authorizing the allocation for program year 2011-2012 for CDBG (Community Development Block Grant) Public Service, in the amount of $1.3 million, to the agencies attached. And l just want to say for the record that this is the same agencies and the same amounts that was received prior to -- in September 2010. Chair Gort: Thankyou. It's a public hearing. Is there anyone would like to address this item? Yes, ma'am. Constance Collins Margulies: Thank you. My name is Constance Collins Margulies. I'm the director of the Lotus House Women's Shelter. We're situated in Overtown. We serve all of Miami -Dade County. I just want to say thank you. The money that you provide each year is absolutely essential to what we do. We serve over 200 women and children each year, providing a full range of access to medical and mental healthcare, job training, counseling, computer classes, full range of enrichment activities that provide alternative pathways to healing. About five years ago, we were nothing more than a burnt -out building and a building that was in Third World conditions. Today we house over 50 women and children plus 20 to 25 infants each day. Thanks to the City's support, this coming year we will open another building and it will bring us to 75 women and over 25 to 35 women and children -- or children each year. That makes us the largest women's shelter in Miami andl believe the largest women's shelter in the state of Florida. This is what your funds make possible every day, helping women to build safe, secure lives for themselves and their children, and we thank you. Chair Gort: Thank you. Anyone else from the public? Being none, we'll close the public hearings [sic]. Do I have a motion? Vice Chair Carollo: Motion for discussion. Commissioner Dunn: Second. Chair Gort: Moved and second. Vice Chair. Vice Chair Carollo: Thankyou, Mr. Chairman. PH.5 deals with the public services, correct? City ofMiami Page 25 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Mr. Mensah: That's correct, Commissioner. Vice Chair Carollo: Thank you, Mr. Mensah. Question. It's currently capped at 15 percent, correct? Mr. Mensah: That's correct. Vice Chair Carollo: Mr. Manager, is it possible to get an update from Mr. Menendez with regards to increasing -from 15 percent to 25 percent that we have, as a Commission, championed along with the Mayor and with the previous City Manager? Tony E. Crapp, Jr. (City Manager): Yes, sir. Mr. Menendez is prepared to give you an update this morning. Mayor Tomas Regalado: If I may, Mr. Vice Chairman and Commissioners. I think that the work that we have done following the direction of the City Commission in the past, I will say, month and a half, is getting us there. Mr. Menendez will explain to you what we're doing, but I will tell you that during the Christmas holidays, we spoke to Senator Bill Nelson several times. We spoke to members of Congress. There was a very high-level discussion with the office of Senator Inouye, the Appropriations Chairman in the Senate. And I'm very also happy to report -- and Kirk will give you more details -- but the latest is that we have the support of Congress -- the new Congress members, David Rivera, that -- Marco Rubio. We have the support of Congresswoman Fredericka Wilson. She said that she will also work with Congresswoman Debbie Wasserman Schultz, whom you met in Broward, and she has been extraordinary, along with Ileana Ros-Lehtinen and Mario Diaz-Balart. So I think that, you know, we -- we're trying, but Mr. Menendez will give you an itemized details of what we're doing following the directions of the City Commission. Andl think that we are very close to achieving this probably -- maybe in March, that could happen. Vice Chair Carollo: Thank you, Mr. Mayor. I'm just trying to help Mr. Menendez earn his pay and you're trying to take his job away. But anyways, I've -- as you know, I've championed this. I proposed it here to the Commission. Thanks to my colleagues, it was a unanimous resolution, andl think all of us have championed this. I've been -- I was involved in many of the meetings you mentioned. I have also spoken to some of the new members of Congress and the Senate. However, I was hoping for more of an update and, like I said, I want to make sure that Mr. Menendez has an equal chance to earn his pay. Commissioner Suarez: Mr. Chairman, ifI may? Chair Gort: Yes. Commissioner Suarez: Thank you. I think one of the things that is a frustration for me personally as a public servant is we're up here -- we're a collegial body. We work very well together. It only takes myself and two other people who agree with me, usually we all agree with each other, to get something going. Andl think the frustration that I think some of us feels sometimes is when you go up to a body that has several hundred members and has issues that are partisan, a lot of times these issues, which to us seem like no-brainers and are no-brainers, get caught up in, you know, whether there's an omnibus bill, whether there's a continuing resolution, et cetera, et cetera. And to the extent that you can help the process that the Vice Chairman, myself, and all of us have engaged in in trying to, you know, break through that gridlock, for lack of a better word, and help people understand that this is about people's lives and that the money that -- and the discretion that we would be given could really, really impact people's lives on an individual basis. Andl spoke with one congressman who actually went as far as to say that he would give us unlimited discretion. And so there's the potential, if we continue to advocate City ofMiami Page 26 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 vigorously for this reform, I think we can get it. I don't know if we'll get it this year, but we certainly should continue to have -- you know, work towards getting it as soon as possible because our residents need it yesterday. Kirk Menendez: Good morning, Commissioners. Kirk Menendez, for the Office of the City Manager. Commissioner Carollo, thank you for giving me the opportunity to speak to the Commission this morning on this, as Commissioner Suarez says, very important topic. Since we last spoke and to confirm what Mayor Regalado says, we have been working vigorously, you could almost say seven days a week nonstop on this issue. In December, our goal was to include our language to raise the cap from 15 to 25 percent in the omnibus bill, which was going to be the bill in which Congress was going to include all its spending bills. It's the large -- you could describe it as a pinata for Congress. Unfortunately, what happened was we did get the support of our delegation and we did speak to Senator Inouye, and Senator Nelson's been very helpful. However, as a result of the elections, what was expected to be an omnibus bill, I guess partisan politics took over in Congress and at the last moment, Senator Reid pulled the omnibus bill and they passed a continuing resolution which expires in March. As of yesterday, Congress is not clear if they're going to go back to an omnibus bill. I know there's a great deal of interest to do so, but in anticipation that they do pass an omnibus bill, we've revised the language we originally drafted and we submitted it to the Senate Appropriations Committee. The language -- what it does now is not so much City ofMiami specific, but it will help a lot of cities like Miami that are in similar predicaments. So, as you alluded, we can help a lot of people, but if we're able to pass this legislation, I think we'll be able to help a lot of people across the nation. The key is, and we received confirmation from Senator Nelson's office, that the Senator was going to speak directly to Chairman Inouye. Chairman Inouye had the legislation, our language, on his table prior to the omnibus bill being pulled. But as you sure understand, it's important to get our delegation to speak on our behalf. It's one thing for us to, you know, do everything we can, but we need those that represent our -- us and our residents to speak and push for us. And we received assurances from Senator Nelson -- he's the key right now in the Senate -- that he will speak directly to Senator Inouye. Hopefully, once that is done, we will be able to follow up with you, but right now our goal is March. Hopefully, Congress passes an omnibus bill and when they do, with the help of our delegation and others who are behind us, that we'll be able to get our language in there and make a difference for our residents. Chair Gort: Thank you, Mr. Menendez. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, you're recognized. Vice Chair Carollo: Thank you. And the reason why I keep pushing and keep pushing, like Commissioner Suarez says, is because of the importance. And if you think it's important, ask all of these people that are out here in the audience now that represent very needy people, so that's why keep pushing. And I feel that if I'm not up here requesting, asking where we are, I don't get updated with what's going on. I think we all have expressed the importance of this increase in percentages. Question. You work under the Manager's budget, correct? Mr. Menendez: Yes, sir. Vice Chair Carollo: Your position is under the Manager's budget. Are there any other projects that you are working on? Mr. Menendez: Currently, I'm working on our state priorities, working on our federal priorities. The federal have to do with storm water, Wagner Creek, and the federal, working with our different departments, projects and matters that will cost the City millions of dollars if we're not effective. So, currently, I could say my staff which includes me, myself and I, we are currently -- City ofMiami Page 27 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 basically have our hands full, but we're working effectively with our partners. Vice Chair Carollo: And when you say hand -- have your hands full, as far as Wagner Creek, who was the one who mentioned it to you as far as making it a priority? Mr. Menendez: We had a discussion, you andl, to emphasize -- andl know you emphasized the importance of Wagner Creek and we're dealing with it. I'm working with CIP (Capital Improvements Program), with Alice Bravo and others to make sure that what needs to be done gets done. Vice Chair Carollo: Do you know that, first of all, I was voted by this Commission to be the Commissioner -- the Commission's representative in the Miami River Commission? Mr. Menendez: Yes. Vice Chair Carollo: And this is obviously very important to them, very important to me, and that's why, you know, we had a discussion andl thought that it was extremely important. However, we need to work on that language because whatever we discussed apparently didn't get communicated well enough because there was disappointment by members of the Miami River Commission with -- as far as the language that was set in there and so forth. Now, I know you're saying that there's a lot of things that you're following, but realistically, in all fairness, we approved what we think the priorities should be and then, I don't know, I guess you speak to the lobbyists 'cause we have a lot of lobbyists in our lobbyist teams that actually do the work up in Tallahassee, Washington, and so forth. So, you know, I'm just curious what your job description is, how much work you actually do and so forth. Mr. Menendez: Yeah. Vice Chair Carollo: You know, I don't want to get into your salary right now, the allowances, car allowances, phone allowances and all that, but realistically, I guess I'm a little frustrated because the only time that get an update with regards to the increase is when l'm up here andl actually request it or ask that I receive an update. And with Wagner Creek, I already expressed to you, you know, my disappointment and other people's disappointment. So, once again, if possible, through the Manager, ifI could get his job description, actual salaries and so forth to see where we're at, you know, and start planning ahead for the next budget year. Tony E. Crapp, Jr. (City Manager): Mr. Vice Chair, we'll make sure we get that information to you. And in addition to that, you know, I'll make sure that you get more routine updates from Kirk. I know he's been working since the trip to D.C. (District of Columbia). I think we need to just increase the communication. And also, you need to get more input from him because of your position as the representative on the Miami River Commission, so we'll make sure that you get the information and we'll make sure that you get more information from Kirk also. Chair Gort: Let me add to this. Not only the -- he should give us a report on every trip that he takes, what his experience is. Also, you individuals that are here that are receiving the services and you're the one that's going to benefit, it's very important that you yourself contact your elected officials and let your constituents contact your elected officials and let them know the need because we cannot do it all by ourself [sic]. We need your support and your help. So make sure you all call your elected officials, your congressmen and senators, and send them letter and let them know how much need it is. Thank you. Anything else? Vice Chair Carollo: No. Thank you. Chair Gort: Commissioner Suarez. City ofMiami Page 28 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Commissioner Suarez: Thank you, Mr. Chairman. I think one of the things -- since we're talking about the things that you're working on -- that I have been working very closely with you is something that we had in the last legislative priorities. I don't -- I'm not an expert on how the state Legislature works or whether it does work or not, but the Mayor has promoted the ALF (Adult Living Facility) regulatory legislation for several years and I don't know -- I know we haven't gotten it through. I know last year, from what I know of the process, it seems like we got very, very close. Mr. Menendez: We did. Commissioner Suarez: And so I want to commend your efforts last year. And I'm very, very optimistic about this year because we have a representative -- thanks to your work, we have a representative that has agreed to put it on as an amendment to one of his bills. Hopefully, you know, we get some action on it and hopefully we actually get it passed because I think, again -- andl don't want to put words in the Vice Chairman's mouth, but you know, some of the frustration that we feel, it's not about you. It's more about the process. When you go beyond this body, that, you know, it's hard to get things done. You know, you want -- we want victories. We want to be able to come back and say we were able to get this done. And so, you know, one of the things I learned when I went up to Tallahassee last year at my own expense, okay -- I drove up there. I didn't fly andl didn't have the city pay for it -- was how difficult and complicated and convoluted the process is to get legislation passed, how many different interests are involved in trying to block it from happening. And it's -- it was actually very disheartening for me to see up close and personal how things work, you know, 400 or 500 miles away from the City ofMiami, you know. Andl think -- one of the things thatl urged the state representatives that have overlapping jurisdiction with me is that they come to the homeowner association meetings so that they understand, you know, on a one-to-one -- on an intimate basis the impact of this legislation. This is not just an abstract thing that the Vice Chairman is championing or that I would champion or whatever. This is something that at the end of the day literally can change someone's life. Andl think once you get it out of that academic environment or out of that environment where you're 500 miles away and you bring it close and personal and home, I think that's when, you know, people will do and advocate in ways that maybe they would not have otherwise passionately advocated for. So I really thank you for your help on the ALF bill, andl sincerely hope that we get it done this legislative session. Mr. Menendez: We'll do our best. Thank you. Chair Gort: Thank you. Any other questions? Mr. Menendez: Okay. Thank you. Chair Gort: There's a motion and a second. All in favor, state it by saying "aye. " The Commission (Collectively): Aye. PH.6 RESOLUTION 10-01426 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community ALLOCATION OF PROGRAM YEAR 2011-2012, COMMUNITY Development DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, IN THE PROJECTED AMOUNT OF $4,468,078 IN THE ECONOMIC DEVELOPMENT CATEGORY, TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT ECONOMIC RESERVE ACCOUNT FOR ECONOMIC DEVELOPMENT ACTIVITIES IN THE PROGRAM YEAR 2011-2012, BEGINNING APRIL 1, 2011; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR City ofMiami Page 29 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 SAID PURPOSE. 10-01426 Summary Form.pdf 10-01426 Corrected Public Notice.pdf 10-01426 Public Notice.pdf 10-01426 Legislation.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0010 Chair Gort: PH. 6. George Mensah (Director): George Mensah, Community Development. PH.6 is a resolution authorizing the allocation of economic development funds in the projected amount of approximately $4.4 million, and this will be set aside in reserve. I'll be meeting with Commissioners sometime in March so that we can be able to make the allocations. Chair Gort: Okay. This is a public hearing. Is there anyone in the public would like to address PH 5 -- PH. 6? Commissioner Suarez: Move it. Vice Chair Carollo: Second. Chair Gort: No, no. Public hearing is now. Grady Muhammad: Good morning, Commissioner Gort. Chair Gort: Yes. Mr. Muhammad: Commissioners, Grady Muhammad, president and CEO (Chief Executive Officer) ofMiami Dade First, 5800 Northwest 7th Avenue, Suite 212. With the proposal of what we're doing for 2011-2012, we have to literally look at 2010-2011, which we're still currently in, to ensure the funds are being spent expeditiously. They need to be on the street. They don't need to be in reserve. But more importantly, we have to understand the process. And with housing -- and there's a gentleman that'll be able to speak here at PH.8 specifically because we seem to have unfortunately two processes. Public hearing was -- public service -- PH.5. When you look at the disparity in organizational funding for those in the black community, the little small 20, 30,000, and when you look at others for public service, elderly service, 300 -- 296, 000, 207, 000, and then the money that the small organizations get, CD (Community Development) staff say can't none of it be used for salaries. Surely, if a person getting 296, 000, 207, 000, salaries are being paid out of those, but the staff says none of the funds that the smaller organizations get -- again, like my mom always say -- it's not enough to say grace over. It's a competitive process, but why is the disparity so blatant as it relates to funding for small black organizations and funding for others? That's the question that I'm asking. Thank you. Chair Gort: Thank you. Anyone else from the public would like to address PH. 6? Being none, we call -- close the public hearings [sic]. We had a motion and a second. Is there any discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. PH.7 RESOLUTION City ofMiami Page 30 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 10-01424 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING THE ALLOCATION FOR PROGRAM YEAR Development 2011-2012 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FUNDS, IN THE PROJECTED AMOUNT OF $12,935,584, AS SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, TO PROVIDE HOUSING ASSISTANCE AND HOUSING RELATED SERVICES TO LOW-INCOME INDIVIDUALS LIVING WITH HIV/AIDS; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 10-01424 Summary Form.pdf 10-01424 Corrected Public Notice.pdf 10-01424 Public Notice.pdf 10-01424 Legislation.pdf 10-01424 Exhibit 1.pdf 10-01424 Exhibit 2.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Dunn II R-11-0011 Chair Gort: PH.7. George Mensah (Director, Community Development): PH.7 is the allocation of HOPWA (Housing Opportunities for Persons with AIDS) funds, in the amount of approximately $30 million, to the agencies that are attached. These are the same amounts that was provided to them in September, but this time for 12 months. Chair Gort: Okay, public hearings. Anyone in the public like to address PH.7? Being none, public hearing is closed. Commissioners. Vice Chair Carollo: So move. Chair Gort: It's been moved. Is there a second? Vice Chair Carollo: Second? Chair Gort: Move and second. Commissioner Suarez: Second. Chair Gort: Discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye . PH.8 RESOLUTION 10-01422 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") ANNUAL Development ACTION PLAN FOR PROGRAM YEAR 2011-2012, ATTACHED AND City ofMiami Page 31 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 INCORPORATED; AUTHORIZING THE CITY MANAGER TO SUBMIT THE CITY'S ANNUAL ACTION PLAN FOR PROGRAM YEAR 2011-2012 TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR REVIEW AND APPROVAL. 10-01422 Summary Form.pdf 10-01422 Corrected Public Notice.pdf 10-01422 Public Notice.pdf 10-01422 Pre Legislation.pdf 10-01422 Legislation.pdf 10-01422 Exhibit.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0012 Direction by Chair Gort to the Administration for Community Development to work with Mr. Ted Simmons on a plan to rebuild his home before this issue comes back to the Commission in February. Chair Gort: PH.8. George Mensah (Director, Community Development): Commissioners, PH.8 is approving of the annual action plan for 2011 and 2012. This annual action plan includes all the allocations that have been previously been made and this allows the City to be able to get the funds from HUD (Department of Housing and Urban Development). Chair Gort: All right. PH.8, it's open to the public. Is anyone in the public would like to address PH.8? Yes, sir. Theodore Simmons: Yes, sir. My name is Theodore Simmons. I live at 1035 Northwest 65th Street. My question is -- I guess I don't know any of these fancy words, but what have you done for me lately? That is my main question. I filed for a grant. I was supposed to have been granted it ever since 2011 -- '10, I'm sorry, of July. I would like to know -- in my home I have no running water. I have my windows boarded up because my home was broken into, totally destroyed, and I'm here -- I'm a very proud person. I'm asking, I'm begging, please give me help. Ineed help, seriously. Thank you. Chair Gort: Okay, thank you. Can you address that, please? Mr. Mensah: Yes. I can explain. Mr. Simmons, is that the name? We met with Mr. Muhammad and Mr. Simmons, and we went to their house. Their house is for -- we actually -- our program allows us to use $35, 000 to help for Code Enforcement and health and safety issues. Now when you go to a house and it will require more than $35, 000 to do the repairs, we make an evaluation to see whether the house is better off as part of our replacement home program or not. So we met with them. I believe it was probably three weeks ago or so. We met with them and this property is part of the homes on our waiting list. What we've done is that we did not allocate any money for replacement home program, so in February one of the agenda item is to allocate $500, 000 for the replacement home program, and the replacement -- and so Mr. Simmons will be able to get his house torn down, a new one built for him when we -- the City Commission approves the funding request that we've made for February. The City Commission allocated only $500, 000. One replacement home is $150, 000. So three replacement homes alone will finish the whole money, but we have a hundred people on our current waiting list for the regular rehab program. So we'll be asking for more money so we can help Mr. Simmons. City ofMiami Page 32 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Chair Gort: My question is -- my understanding is Mr. Simmons have -- excuse me, sir -- he has an emergency at this time. Don't we have emergency housing? Mr. Mensah: We do have -- Emergency housing, no, we don't have emergency housing. We can only recommend if he can't live in the house and we have to take him somewhere, we have a program called HPRP (Homelessness Prevention and Rapid Re -Housing Program), where we can recommend and they will put him up somewhere else. But they -- I don't know that we reach the point yet. Commissioner Sarnoff.. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff.. The County has the HANDS [sic] (Housing Assistance Network of Dade) program. Mr. Mensah: Yes. That's what I was just mention, the HANDS [sic] program, yes. Commissioner Sarnoff.. Right. So they couldn't help him there? Mr. Mensah: Well, they won't repair his house. They will move him to -- Commissioner Sarnoff.. No, no. I understand. But I thought the HANDS [sic] program was for somebody who's in crisis right now. Mr. Mensah: Yes. Well, I didn't -- until now, I didn't know that it was a crisis situation that he has to be moved. Chair Gort: My understanding is -- please have someone from staff get together with him. And my understanding is, you coming back in February with a plan where you'll be able to rebuild his house. Mr. Mensah: Yes. Chair Gort: Okay. Grady Muhammad: Mr. -- Chair Gort: Please, get somebody to work with him. Mr. Mensah: Okay. Chair Gort: Thank you. Yes? Mr. Muhammad: That's one of the things I also wanted to bring and I'll submit for the record. We have other programs, the Affordable Housing Trust fund that we use to be able to repay HUD and we get that money back. According to the guidelines -- and Mr. Director can correct me if I'm wrong -- the Affordable Housing Trust fund guidelines explicitly states we would help existing homeowners, new homeowners, first-time homebuyers, nonprofit developers or for profit developers if they went through a competitive process, which what Mr. Simmons and also Officer Stefan Miguel has went through. Unfortunately, the timeframe with him having asbestos in his home as the Community Development has verified, (UNINTET,T IGIBT ,F), that the home has asbestos and must be replaced. I just read about the courthouse in Broward County, one of the judges died and they asked to get removed. He's already been here for six to seven months with City ofMiami Page 33 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 PH.9 10-01421 Department of Community Development asbestos. His health is already failing. And to keep him potentially for another three to six months when we have another process to be able to assist him, we should try to. Thank you, Commissioners. Chair Gort: I believe that's what we requested, okay. Anyone else? Close the public hearings [sic]. Do I have a motion? Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Gort: Moved and second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $50,000 FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 2 ECONOMIC DEVELOPMENT RESERVE ACCOUNT; ALLOCATING SAID FUNDS TO THE BOYS AND GIRLS CLUBS OF MIAMI-DADE, INC. FOR PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 10-01421 Summary Form.pdf 10-01421 Corrected Public Notice.pdf 10-01421 Public Notice.pdf 10-01421 Agreement.pdf 10-01421 Legislation.pdf 10-01421 Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0013 Chair Gort: PH.9. George Mensah (Director, Community Development): PH.9 is the -- authorizing the transfer of $50, 000 from the District 2 Economic Development Reserve to Boys and Girls Clubs of Miami -Dade for public facilities and improvement activities. Commissioner Sarnoff. So -- I'm sorry. You want a public hearing? Chair Gort: Okay, public hearing is open. Anyone like to discuss PH.9? Being none, close the public hearings [sic]. Commissioners. Commissioner Sarnoff. So moved. City ofMiami Page 34 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 PH.10 10-01427 Department of Community Development Vice Chair Carollo: Second. Chair Gort: Been move and second. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $50,000 FROM THE DISTRICT 2 ECONOMIC DEVELOPMENT RESERVE ACCOUNT; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 2 MICRO -ENTERPRISE ASSISTANCE PROGRAM FOR MICRO -ENTERPRISE ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 10-01427 Summary Form.pdf 10-01427 Corrected Public Notice.pdf 10-01427 Public Notice.pdf 10-01427 Pre Legislation.pdf 10-01427 Legislation.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Dunn II R-11-0015 Chair Gort: PH.10. You got the whole agenda. George Mensah (Director, Community Development): Yes, I do. PH.10 is a resolution to transfer District 2 Economic Development Reserve account and allocate the fund of $50, 000 to micro -enterprise program in District 2. Chair Gort: Okay, public hearings. Anyone like to speak on item 10, PH.10? Being none, Commissioners. Commissioner Sarnoff. So move. Commissioner Suarez: Second -- Vice Chair Carollo: Second. Commissioner Suarez: -- for discussion. Chair Gort: Been moved and second. Commissioner Suarez: Mr. Chairman. Chair Gort: Discussion. Commissioner Suarez: I just want to say it's a great idea. City ofMiami Page 35 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 PH.11 10-01428 Department of Community Development Chair Gort: It's a good way to use the funds. Okay, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE TOTAL AMOUNT OF $200,000 FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 2 ECONOMIC DEVELOPMENT RESERVE ACCOUNT; ALLOCATING SAID FUNDS IN THE AMOUNT OF $100,000 TO RAFAEL HERNANDEZ HOUSING & ECONOMIC DEVELOPMENT CORPORATION AND $100,000 TO REBUILDING TOGETHER, INC., AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE REHABILITATION OF SINGLE FAMILY HOMES IN THE DISTRICT 2 WYNWOOD AND COCONUT GROVE AREAS; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID AGENCIES, FOR SAID PURPOSE(S). 10-01428 Summary Form.pdf 10-01428 Corrected Public Notice.pdf 10-01428 Public Notice.pdf 10-01428 RHHED Request for Funding.pdf 10-01428 RHHED detail by Entity Name.pdf 10-01428 Rebuild Together Request for Finding.pdf 10-01428 Rebuild Together Detail by Entity Name.pdf 10-01428 Rebuild Together Financial Statements.pdf 10-01428 Legislation.pdf 10-01428 Exhibit 1.pdf 10-01428 Exhibit 2.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0016 Chair Gort: PH.11. George Mensah (Director, Community Development): PH.11 is the allocation of 200, 000 from District 2 Economic Development Reserve to -- 100,000 to Rafael Hernandez Housing and Economic Development and another 100,000 to Rebuilding Together and (UNINTELLIGIBLE) to provide single-family rehabilitation services in District 2 Wynwood and Coconut Grove areas. Chair Gort: Okay, thank you. Public hearings, anyone like to speak on PH.11? Grady Muhammad: Grady Muhammad, resident (UNINTELLIGIBLE), 721 Northwest 56th Street, Apartment 12. The City is given NSP (Neighborhood Stabilization Program) dollars to (UNINTELLIGIBLE), $1, 834, 000 to acquire and renovate multifamily housing. I'm a tenant in one of the units with no running water since July. I have a lease signed. No heat with my City ofMiami Page 36 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 five -year -old son, but I'm a tenant in a (UNINTELLIGIBLE) unit. The funds have been released as of October I. No renovation has been done. I sent an e-mail (electronic) to the owner, Ms. Johnson, and Community Development, all of them, why. Because there's no quote/unquote to secure the property. The property is open. Therefore, people look like it is a vacant, abandoned building. They're now stealing all of the windows, breaking the windows to get the aluminum and everything, and it's going to cost the City ofMiami a whole lot more to secure if we don't secure this property ASAP (As Soon As Possible). But again, I'm a tenant in the building with no running water. They're demanding I pay rent. I said I'll pay the rent with the court, butt don't intend on paying the rent to the landlord when I have no running water, no heat, no refrigerator, no stove, but I'm a tenant and they gave me this lease, and I'm bringing it to the Commission only for informational purposes, but I'm waiting for the renovations. And that's what also the Affordable Housing and Loan Committee requested seven -- eight months ago when they gave the additional monies, that they secure the property. That has not been taken to secure the property. Now people are tearing the windows off the boards off. And like I say, if you continue to allow it, whatever money you had towards renovating is going to be doubled because these are going to be unanticipated costs. Thank you. Chair Gort: Thank you. Let me ask a question. We -- this is a problem that we've had through all the City of Miami -- Mr. Mensah: Yes. Chair Gort: -- with the abandoned homes and buildings that are being occupied by squatters. Mr. Mensah: That's correct. Chair Gort: And Code Enforcement has been very active in boarding up those homes to make sure -- and secure this home. What's the problem with this particular building? This has been here a couple of times already. Mr. Mensah: Yes. Chair Gort: Who's the owner? Mr. Mensah: We have the owner here, Ms. Mary. This is an issue that I received an e-mail yesterday that this is the case. The owners are constantly on the property. Mr. Muhammad is living in a property which was abandoned. There's no water because of the fact that nobody actually lives in that particular building. The -- FPL (Florida Power & Light) has cut the lights, that's my understanding, and the owner has been making an attempt to move Mr. Muhammad to the building where there are other people are living. We are waiting for HUD's (Department of Housing and Urban Development) approval to be able to spend money on the project manager that is required to do this project. Without a letter from HUD, we can't move forward and do anything with this project, so that's what we're waiting. We've had meetings with Mr. Muhammad. We've -- the owner has, you know, tried to accommodate everything that Mr. Muhammad wanted, but at this point will meet him again and to see what else is going on so that whatever assistance we can provide, we'll provide that. Chair Gort: Thank you. Mr. Muhammad: But to say it's abandoned andl have a valid lease is, you know, a red herring. Chair Gort: My understanding. Thank you. Mary Johnson: Yes. My name is Mary Johnson, owner of the building that Mr. Muhammad live in. In July we did meet with him. He had come before the Commission and said that he was City ofMiami Page 37 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 living in the building and whatever. We gave him a lease. I offered him to move into the building that had other tenants in it. And we met with him, CD, the attorneys. He opted to stay in that apartment. He wanted to stay in even though we offered him to come over to the other apartment. He said that the apartment had mildew -- Mr. Muhammad: Mold and mildew. Chair Gort: Excuse me. Ms. Johnson: -- mold and mildew. Chair Gort: I'm conducting the meeting. Ms. Johnson: We've had an environmental done in the building. There was no mold and mildew found. We've done all the repairs in there, we've done everything, even put down new tile throughout the whole apartment to accommodate Mr. Muhammad. Chair Gort: I'd like for you to get together. This is more like a legal matter. I don't think we can take any action here that could help, but I hope you all get together and come up with some kind of solution. At the same time, if it's an abandoned home, I don't think you should be able to give out -- I'm not an attorney -- should be giving out a lease. So I think that's something you need to discuss with the legal. Ms. Johnson: He said he was staying in there. Chair Gort: Thank you. Commissioner Sarnoff. So move and for discussion. Commissioner Suarez: Second for discussion. Chair Gort: Move and second for discussion. Commissioner Sarnoff. Thank you, Mr. Chair. For those of you that don't know this particular program, this is Rebuilding Together. And to give you a little background on them, through no government subsidy for the past probably seven to ten years now -- I may be a little over. It might be seven years -- they have been restoring retired veterans' homes, disabled people's homes or extremely elderly people's homes in Coconut Grove, and they have done over 200 homes. I have personally, actually with a hammer, nail, learned how to do much of what they do, painting. I'm not the greatest painter in the world, but have been doing this for the better part of four or five years myself. Actually, before I became Commissioner. We started talking last year about giving them some help with this program, and now this program is going to actually not only stay in the Grove, but it's also going to go to Wynwood and we're going to partner with somebody who knows Wynwood pretty well, which is Rafael Hernandez, in selecting people's homes, not people who can pay to have their homes rehabilitated, but either a disabled person or a military veteran that is not able to do his own home, or a person who is so elderly that it's no longer practical for them to do their home. To me, this is what government could do. This is setting the table for dinner but not serving the food to those who maybe could serve their own food. So I wholeheartedly endorse this. And for those of you that don't know Rebuilding Together, this is a volunteer group of organizations from builders throughout South Florida who bring extra wood, plumbing material, invest their profits into those who cannot afford and cannot sustain themselves and do it without costing any amount of money. Now we're able to give them a little bit of effort, a little bit of help. They could do some more profound foundational work. They could do some roofing work, the things that you andl consider very, very expensive work, such as changing people's windows. The two areas they're going to City ofMiami Page 38 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 concentrate on continue to be Village West or West Grove, if you will, and it's also going to be Wynwood. And Wynwood has -- as a very small part of my district -- I think actually Commissioner Dunn has more of it than I do, but Wynwood is really -- is being surrounded by a very successful part, which is the design center, as well as Midtown, and we can now branch out and start getting the fringe elements, at least in my district, where we can start rehabilitating some elderly people's homes. So I don't usually talk much about these things. I know Commissioner Suarez has had some experience with Rebuilding. I'll tell you what, Commissioner. I give you a little challenge. Why don't we go out there and we'll meet and we'll paint a house? Commissioner Suarez: Absolutely. I'd love to do that. Mr. Chairman, ifI may? Chair Gort: Yes. Commissioner Suarez: Thank you. I'm not a good painter myself, so I feel sorry for the recipient of my services. In any event, I do have a testimonial experience as well with Rebuild. They helped refurbish a house in my district. They did it -- not only did they do it, but they did it without any resources from my district, without any resources from the City. They went out themselves and found the resources, and then at the end, I was able to chip in with someone who was able to donate some tile, but they -- in this particular case, it was a resident who had been victimized by several hurricanes and was fighting, as we all know, 'cause -- as lawyers, we're constantly fighting with insurance companies, et cetera, et cetera. They were fighting with their insurance company, which was Lloyds of London, a very well-known, well -established insurance company, for four years without having collected. And in the meantime, they were living in subhuman conditions. You know, it was a family of about five living in one bedroom and a half and one bathroom. And Rebuilding came in; they fixed the two rooms that had been destroyed by the hurricane. They put drywall, reroofing, tile, and essentially doubled the size of the house which was already there, but it was in unlivable conditions. And in fact, the breadwinner, the father of the house, had been suffering from all kinds of ailments and sicknesses and, as a result of the construction, he's no longer had to go to the hospital. So clearly, some of the stuff that he was living with, the mold or whatever infectious agents were living in the house, were present in the house, were causing him to be chronically sick. So in addition to them not having, you know, standard living, you know, the bread -- the main breadwinner couldn't provide for his family because he was constantly in the hospital. So, you know, not only do I support this allocation, as I mentioned to you, Mr. Mensah, in private, I would like to chip in from my district, from my economic development money and help this organization as well because they have a proven track record with me. Mr. Mensah: Okay. Commissioner Suarez: So I'd like for you to help me make that happen. Mr. Mensah: Sure. We will, Commissioner. Chair Gort: Thank you. Any other discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Direction by Chair Gort to the City Attorney to meet with Mr. Grady Muhammad and Ms. Marye Johnson regarding their dispute over housing issues. PH.12 RESOLUTION City ofMiami Page 39 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 10-01417 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "V DOWNTOWN", 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. 10-01417 Summary Form.pdf 10-01417 Notice of Public Hearing.pdf 10-01417 Notice of Public Hearing Memo to NET.pdf 10-01417 Comcast Letter.pdf 10-01417 FDOT Letter.pdf 10-01417 City of Miami Zoning Administrator Letter.pdf 10-01417 Miami Dade Public Schools Letter.pdf 10-01417 Legislation.pdf 10-01417 Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0014 Chair Gort: PH.12, Public Works. Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. PH.12 is a resolution of the Commission to accept the final plat of V Downtown from V Downtown, Incorporated, a Florida Corporation, and to authorize the City Manager to execute the related documents for its recordation. Any questions? Chair Gort: Okay, public hearing. The public hearing is open. Anyone like to discuss on PH.12? Vicky Garcia -Toledo: Good morning. For the record, Vicky Garcia -Toledo, with offices at 1450 Brickell Avenue. I'm just here for informational purposes to answer any questions you may have, only if you have questions. Chair Gort: Okay. Commissioner Sarnoff. So moved. Commissioner Suarez: Second. Chair Gort: It's been moved and second. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. The public hearing is closed. Go ahead. City ofMiami Page 40 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Vice Chair Carollo: Thank you. I have a question or actually a request from [sic] the City Attorney. Madam City Attorney, could you give us the whole ministerial act speech so we could have it for the record? Julie O. Bru (City Attorney): Mr. Vice Chair, you had previously asked me whether or not the Commission has any discretion when it comes to approving a plat, and what I explained to you is that this is probably one of the few items that come before you that could be characterized as a ministerial act because the law that governs the approval of plats is so technical in nature that the applicant goes through a series of reviews and once the plat complies with all the technical requirements, which the Public Work [sic] director is the one who oversees, it comes to you cloaked almost with the presumption that this is something that you should do and if you don 't approve it, you know, unless you have good reason, good valid reason to not approve it, it's almost as if you're acting arbitrarily, so that is usually referred to as a ministerial act. Chair Gort: Okay. Any further questions? Discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Ms. Garcia -Toledo: Thank you. Chair Gort: Thank you. END OF PUBLIC HEARINGS ORDINANCES - SECOND READING SR.1 ORDINANCE Second 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 Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez City ofMiami Page 41 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 13244 Chair Gort: SR.1. Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. SR.1 is an ordinance to amend Chapter 54 of the City Code, Article IV, Sections 54-125, 126, and 127, entitled Streets and Sidewalks,'by changing the names and roadways in the area bounded by Southwest 28th Street, South Dixie Highway, Southwest 28th Avenue -- sorry, Southwest 22nd Avenue, and Southwest 26th Avenue, all within the north Grove neighborhood of the City of Miami in District 2. The -- there is a fiscal impact to this amendment, which is $11, 600 as a startup cost for making all the street signs by Miami -Dade County Public Works. These roadways will include changing Southwest 28th Street to Overbrook Street, 27th Lane to Tequesta Lane, 27th Way to Tequesta Way, 24th Avenue to Calusa Street, and 23rdAvenue to Kirk Street, 27th Terrace to Secoffee Terrace. This has gone through the Bond Oversight Committee meeting for the Homeland Defense and Neighborhood Improvement Bond funding, and there is no (UNINTELLIGIBLE) cost associated with this. Chair Gort: Thank you. Mr. Ihekwaba: Any questions? Commissioner Sarnoff.. So move. Chair Gort: It's been moved. Is there a second? Commissioner Dunn: Second. Chair Gort: Moved and second. Discussion? Being none, it's an ordinance. Roll call. Julie O. Bru (City Attorney): Mr. Chair, let me just go ahead and read the title of the ordinance. Chair Gort: I'm sorry. Go ahead, read it. Ms. Bru: It's -- Priscilla A. Thompson (City Clerk): It -- I'm sorry. It is a second reading ordinance, so we do have to have a public hearing. Chair Gort: Okay, second reading ordinance. Anyone in the public would like to address SR. 1? Being none, public hearing's closed. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Before I make my roll call, I would like to check with Commissioner Suarez to find out if he wants to be included in the roll call because he just came on the dais. Thank you. Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-0. Chair Gort: Thank you. SR.2 ORDINANCE 10-01253 Second Reading City ofMiami Page 42 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Office of the City Attorney SR.3 10-01296 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 Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Office of Strategic Planning, Budgeting, and Performance 13245 Chair Gort: SR. 2. Julie O. Bru (City Attorney): SR. 2 is an ordinance that is amending our Article II, which sets forth conflict of interest and certain requirements for certain City officials. This is just a cleanup ordinance. It's on second reading. This would change the names of certain officials pursuant to the changes that were made recently to our zoning code. Chair Gort: Okay, second reading. It's a public hearing. Anyone in the public would like to address SR.2? Being none, public hearing's closed. Do I have a motion? Commissioner Sarnoff. So move. Vice Chair Carollo: Second. Chair Gort: Been moved and second. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. Chair Gort: Thank you. ORDINANCE Second 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. City ofMiami Page 43 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 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 Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the record: Item SR.3 was deferred to the Commission meeting currently scheduled for January 27, 2011. SR.4 ORDINANCE Second Reading 10-01363 Districts - AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING IN ITS Commissioner ENTIRETY, CHAPTER 14/ARTICLE V OF THE CODE OF THE CITY OF Richard Dunn II 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 Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the record: Item SR.4 was deferred to the Commission meeting currently scheduled for January 27, 2011. Chair Gort: SR. 3. Tony E. Crapp, Jr. (City Manager): SR.3 was deferred. Chair Gort: It's been deferred, right. SR.4. Julie O. Bru (City Attorney): SR.4 is an ordinance that will repeal in its entirety a section of the code that we have had since I think 1995 that set forth the establishment and the operations of the Southeast Overtown/Park West CRA (Community Redevelopment Agency). The reason why we brought this to you is because, you know, we have noted that there is an inconsistency between some of the provisions of this code section and the state statute that governs the establishment and conduct and powers and authorities of the CRAs in Florida. And therefore, in order to avoid the inconsistency, it is not necessary. It is really superfluous because the state statute has all the provisions necessary to govern the CRAs. This is before you now on second reading. Chair Gort: Okey-doke. SR.4. Is anyone in the public -- this is a public hearing -- would like to address the issue, SR.4? Being none -- Commissioner Dunn: Mr. Chairman. City ofMiami Page 44 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Chair Gort: -- Commissioners. Commissioner Dunn: I'd like to move this item. Commissioner Suarez: Second. Chair Gort: It's been moved and second. Any further discussion? Vice Chair Carollo: Yes. Chair Gort: You're recognized. Vice Chair Carollo: Thank you, Mr. Chairman. I have a question. I forgot; what is the section that stipulates that the Planning director is actually the one who hires and fires? And my question is, if that was the ordinance in our books, why hasn't it been followed? I'm sorry. Madam City Attorney. Ms. Bru: Mr. Vice Chair, I don't have an answer for that. This ordinance, as I previously said, which has been coded in our code, was adopted back in 1995. I know at the time, just from experience, you know, the City did have a financial situation, you know, at hand that was quite critical, the Southeast Overtown/Park West CRA didn't have any tax base from which to draw TIF (Tax Increment Fund) funds or revenues to operate the agency. So, you know, I guess at that time -- and maybe Commissioner Dunn might have more historical information about this. Commissioner Dunn: Yes. I just wanted to -- Mr. Chair, if it's okay. Chair Gort: Go ahead, yes. Commissioner Dunn: This was adopted back in 1997 when the State actually had oversight over the City of Miami. And as the City Attorney has stated, we did not have any TIF dollars. The City consolidated the operations of the CRA into the City and as a result, the ordinance was called for the Planning director to be the executive director and the City Manager to control City employees tasked to the CRA. Again, that was back in 1997. In fact, many of you may recall the CRA this past fall 2010 recently reimbursed the City $10 million for expenses associated with the operation of the CRA. We no longer operate under this scheme and have not for quite some time, so it really -- as stated so aptly, it's superfluous to continue to have this on the books, and that's why I'm asking for the repeal. Vice Chair Carollo: Mr. Chairman Chair Gort: Yes, sir. Vice Chair Carollo: Okay, I'm not going to make a follow-up question or continue 'cause I still don't know the reason if this was in our books, why it wasn't followed. And I'm just going to leave it as is. However, we -- although we have to follow state statute, we can still create ordinance for specifics. In other words, who actually hires and fires members of the CRA and so forth, correct, Madam City Attorney? Ms. Bru: The City ofMiami, because of its unique home rule charter powers, as preserved under the constitution, even the 1968 revision preserves those unique home rule powers, can from time to time adopt ordinances that are inconsistent with general law. However, with respect to this ordinance, we believe that we didn't have the authority to adopt an inconsistent provision with -- inconsistent with state law. It was done in the '90s. These CRAs operated as such during the last 12 years. We can -- the state statute for the CRAs is one of those statutes that is pervasive. It provides all necessary instruction to the municipality, so therefore, there's no room really for the City ofMiami Page 45 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 City to have laws that would be, you know, inconsistent with the CRA scheme that is provided by the Legislature. We can, however, through the board of the CRA adopting rules of procedures or the such, adopt ways in order to conduct business. For example, I don't think it would be inappropriate for the board of the CRA to adopt some sort of rule of procedure that would delegate to the executive director the authority to then hire technical staff subject to the board of the CRA approving the budget and the positions in the budget. So, with respect to your question, could the City then adopt additional rules, regulations to govern the business of the CRA? Yes, it could, so long as it's not inconsistent with the state law and it doesn't affect the purpose and the mission of the CRA as expressed by the Legislature. Vice Chair Carollo: Thank you, Madam City Attorney. And I didn't do it in the beginning of the meeting out of courtesy to the members of this Commission, but I prefer to defer this item so I could at least look at the state statute 'cause I haven't had a chance. I recently received the sections under our ordinance with regards to the CRA. However, I mean, you all may want to pass it this time around. I'm going to vote no only because I want to look at the state statute beforehand, soI respectfully request that, you know, we defer it. Chair Gort: We can bring it back this afternoon or do you need more time? Vice Chair Carollo: I don't think I'm going to be able to read the state statute this afternoon by this afternoon. I have a feeling it's going to be a little long. Chair Gort: Okay, so a request from one of the Commissioners. How do the rest of the Commissioners feel? Further discussion? Commissioner Dunn: I have no problem with it. Vice Chair Carollo: We defer then? Commissioner Dunn: Yes. Vice Chair Carollo: Motion to defer it to the next meeting. I think it's the 27th. Priscilla A. Thompson (City Clerk): Correct. Vice Chair Carollo: That's my motion. Chair Gort: Okay, there's a motion and a second. Any further discussion? Commissioner Dunn: No. Chair Gort: Okay. Let -- Vice Chair Carollo: All in favor, say "aye. " Chair Gort: -- me ask a question. My understanding -- before I call the vote -- is that during the crisis of the City ofMiami in the '90's, there was no funding and after the CRA started receiving funding, thing changes. I think we should also look into the CRA board at that time if they made -- they created any changes within their bylaws and that has taken effect to answer some of the questions that have been asked here. Thank you. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Vice Chair Carollo: Thank you, Commissioners. City ofMiami Page 46 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 SR.5 ORDINANCE Second 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 Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II 13246 Chair Gort: SR. 5. Julie O. Bru (City Attorney): SR. 5 is an amendment to the City Code section that governs lobbyists, and this is really just a cleanup. When we adopted our fee ordinance earlier in the year, we went into the particular code sections that were affected by the fee increases and we missed the section of the lobbyist code section that references the fee for re -registration, so simply we're going and fixing that from 500 to 525. Chair Gort: Okay. It's a public hearing. Anybody like to address the SR.5? Being none, we'll close the public hearings [sic]. Commissioners. Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Gort: It's been move and second The Ordinance was read by title into the public record by the City Attorney. Chair Gort: Thank you. Roll call. 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.6 ORDINANCE Second 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 City ofMiami Page 47 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 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 ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo 13247 Chair Gort: SR. 6. Basil Binns (Assistant to Chief Financial Officer): Good morning, Commissioners. Basil Binns, City Manager's office. SR. 6 is an ordinance on second reading granting an ad valorem tax exemption for DDR Miami for tangible personal property. It's a property in the enterprise zone. This is pursuant to Chapter 56 of the code that allows us to do tax exemptions both for tangible personal and real property. Commissioner Suarez: Move it. Chair Gort: Excuse me. Okay, is there a motion? Commissioner Suarez: Move it. Commissioner Dunn: Second. Chair Gort: It's a public hearing. Let me open it to -- Anyone in the public would like to address this issue, SR.6? Being none, there's been a motion and second. Discussion? Commissioner Suarez: Just a quick clarification. Chair Gort: Sure. Commissioner Suarez: I think you just described it on the record as an ad valorem tax exemption Chair Gort: That was my question. Commissioner Suarez: -- for personal property, and I think -- Mr. Binns: It is for tangible personal property, yes. Commissioner Suarez: When you say ad valorem, it gives the impression that it's for real property. Mr. Binns: It's ad valorem because it is based on the property value. Commissioner Suarez: Okay. City ofMiami Page 48 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Mr. Binns: It's a percentage of the property value, but it's not based on the real property. Commissioner Suarez: Okay. I got you. Mr. Binns: And -- Commissioner Suarez: I just want to clarify for the record, Basil, because we -- you know, this already was passed on first reading, that this has -- and it was also passed by the Midtown CRA (Community Redevelopment Agency) board unanimously -- Mr. Binns: Correct. Commissioner Suarez: -- that this has zero -- Mr. Binns: It does have a zero -- Commissioner Suarez: -- fiscal -- Mr. Binns: -- fiscal impact. Commissioner Suarez: -- impact -- Mr. Binns: Correct. Commissioner Suarez: -- to the City, zero. Mr. Binns: Correct. Commissioner Suarez: I think there was a little bit of misunderstanding. Chair Gort: My understanding, the impact is $190. Mr. Binns: It would be $109. DDR Miami has -- Commissioner Suarez: They waived it. Mr. Binns: -- waived their right to receive either a credit or any dollar amount -- Chair Gort: Okay. Mr. Binns: -- that would be due. Chair Gort: Okey-doke. 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 -- Mr. Binns: Thank you. Ms. Thompson: -- adopted on second reading, 4-0. City ofMiami Page 49 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 SR.7 10-01249 City Manager's Office ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 5, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/MURALS", MORE PARTICULARLY, BY AMENDING SECTIONS 62-602 THROUGH 62-618, WITH RESPECT TO THE MURAL REGULATIONS, BY EXPANDING THE CITY OF MIAMI MURAL GEOGRAPHICAL AREA, AS ATTACHED IN "EXHIBIT A"; ADDING NEW TITLES, DEFINITIONS, PROCEDURES, CRITERIAAND EXEMPTIONS; REFRESHING TIMELINES; ADDING A NEW PERMIT PROCESS FOR PLACEMENT OF ADDITIONAL MURALS; AND ALLOWING THE ADDITION OF TEN (10) MORE MURALS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01249 Summary Form.pdf 10-01249 Pre Legislation FR/SR.pdf 10-01249 FR/SRMemo and Legislation -Miami Dade County.pdf 10-01249 Legislation.pdf 10-01249 Exhibit 1 FR/SR.pdf 10-01249 Summary Form SR.pdf 10-01249 Legislation Version 2 SR.pdf 10-01249 Legislation Version 4 SR.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo 13248 Chair Gort: SR. 2. Commissioner Sarnoff. Seven. Chair Gort: I mean 7. Vanessa Acosta (Assistant Director): Vanessa Acosta, Building and Zoning. SR. 7 is to make changes to the existing sections of Chapter 62 that refer to the mural ordinance. The changes that are coming before you were intended for the purpose of increasing our amount of permits from 35 to 45 and cleanup language to the ordinance for purposes of payment and restrictions and/or penalties for lack of payment. I don't know if you gentlemen want me to go over the changes again this reading. Chair Gort: Please. Ms. Acosta: Okay. We have a change to the definition of affiliate, which will basically go further into describing all those that are affiliated for purposes of this section of the code . The commercial message section was changed to include comments made by Commissioner Sarnoff at the last meeting requesting that corporate logos be included within the 15 percent that is allowed within the commercial message. I've since been feeling that because of the way that the industry functions, that would not be something that is acceptable in terms of how we calculate City ofMiami Page 50 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 and would like to make a change on the floor to change the language back to how we had it where corporate logos do not account towards the 15 percent. Chair Gort: Okay. Ms. Acosta: We -- the indemnity and hold harmless that was part of the original documents that were signed when this ordinance first came about for qualified applicants was codified within the ordinance so that now all qualified applicants will be required to indemni and hold the City harmless. We included definitions for the quarters as established for payment, the penalties for failure to make payments in a timely manner. Forty five days accrue 18 percent interest, and then permits are revoked if not paid. We changed the gross revenue amounts for qualified applicants from 2 million to 1.5 million in the two preceding years versus three preceding years in an effort to reflect the current times and economy. Commissioner Sarnoff.. I'm not sure I -- oh, okay. I got you. Ms. Acosta: The ten additional permits granted by the County, pursuant our resolution request last summer, are being included, as well as moving the cap from 20 permits to 25 per district. In an effort to clean up, we included districts T5-O, T6-48 and D2, which were left out in the previous ordinance but were intended to be part of the districts allowing it. We also included new language for recertification. Every five years, all qualified applicants will have to provide recertification information as to their bonding capacity, their letters of credit, and basically come back and make sure that everybody's still eligible. We required stricter code enforcement on actual building owners. No longer will the mural industry alone be responsible. The building owners will also be held to standards in maintaining their structures to the standards Code Enforcement applies to all buildings. The last change was the change from the Commission to circuit court for review of decisions. That was, as was explained in the last hearing, for purposes of removing that quasi-judicial function that you've requested in past meetings. If it is the Commission's intent to maintain jurisdiction over this for purposes of any discussions that come about, I can also amend that on the floor. There is one other minor amendment to the exemption provision, which is 62-611. The word there lhurals'tn the first paragraph there on the first line and on the second -- third line will be changed to gign'to be in better accordance with the County ordinance. Commissioner Sarnoff.. What -- Mr. Chair. Ms. Acosta: Basically, it will read that temporary permits for signs not governed, not for murals because the rest of the code speaks to signs in general, not murals. Commissioner Suarez: Mr. Chairman. Chair Gort: Commissioner Sarnoff. Commissioner Sarnoff.. I'm -- Ms. Acosta: Adjusting. Commissioner Sarnoff.. -- trying -- here's what I'm trying to do. I'm trying to not look at the ordinance and listen to you, and I'm trying to understand the distinction between taking the word mural to sign. Ms. Acosta: It's basically to accord with the County ordinance. This provision was for exemptions of signs that are not considered murals. And basically to come into accordance with the County ordinance, we're changing -- City ofMiami Page 51 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Commissioner Sarnoff. Hold on. Go back, go back, go back. Signs that are not considered murals. Ms. Acosta: Signs -- temporary signs -- Commissioner Sarnoff. Okay, so that would be -- temporary -- Ms. Acosta: -- like PSAs (Public Service Announcements), things like that. They're not murals. Victoria Mendez (Assistant City Attorney): Like the banners, the one that was on the MRC (Miami Riverside Center) that had the Welcome Super Bowl. "Those are technically not murals. They're public service announcements. They're things that the City does in order to give information. They're not necessarily murals and they should not be counted towards the 45. So in order to just make sure that they're not considered murals, we're just going to change the word mural to the word sign in two places in that paragraph just to make sure that everyone understands that they're not covered by this mural ordinance. They're just covered under another section of our sign code that has to do with temporary signs. Commissioner Sarnoff. So they would only be -- Mr. Chair, is that all right? Chair Gort: Yes. Commissioner Sarnoff. -- considered -- Any of these signs would be temporary signs. And my recollection of temporary signs was two week and then, if possible -- Ms. Mendez: Right. Commissioner Sarnoff. -- two -week extension. Ms. Mendez: Right, and then an extension. And then if this Commission wants to extend it further -- similar to some of the things that we did at the Arsht that some ofyour constituents had asked in order to better the Arsht and nothing having to do with murals per se. So we just wanted to clear that up. Commissioner Sarnoff. And there -- and of course, it's always difficult to talk about the Herald 'cause the next thing you know, your name will appear there. But the Herald seems to have a sign on 395, which occasionally appears to be a public service sign, and at times appears to be what I would call a classic mural. Anybody familiar with that? Barnaby Min (Zoning Administrator): Barnaby Min, with the Office of Zoning. Yes, the Herald building does have what we consider public service announcements. They apply under the temporary use permit process. Commissioner Sarnoff. So the one facing -- I guess it would be facing north, which is -- they have a mural -- they have a permanent mural. I think it's a Fuel mural heading -- if I'm heading west -- so I'm heading away -- I'm looking directly at that sign. I'm looking at the sign of the Herald building that faces Miami Beach. The other side of that being the south -- now if I'm heading south -- so the north face of their building, that is the public service announcement sign? Mr. Min: 'Cause the idea is that the temporary use banners, public service announcements, whatnot, they don't have a commercial message. They're meant to advertise the SoBe (South Beach) Wine Festival -- Commissioner Sarnoff. So like the book fair. City ofMiami Page 52 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Mr. Min: -- Art Basel, the book fair, things like that. If there's a commercial message, those would be treated as murals, and they would be handled by Ms. Acosta. Commissioner Sarnoff.. Okay. Thank you, Mr. Chair. Commissioner Suarez: Mr. Chairman, ifI may. Chair Gort: Thank you. Yes, sir. Commissioner Suarez: I just wanted clarification on the last change. I think you kind of left it up to us. I don't know if you actually suggested one or the other, but don't know how my colleagues feel about it. I think that it is more prudent for us to be the arbiter in these matters simply because the cost involved in litigating these matters for anyone who may want to challenge them and the efficiency of us handling it versus a circuit court, in my opinion, militate in favor of having us be the quasi judicial body. I don't know how my colleagues feel about it, but that would be my inclination. Commissioner Sarnoff.. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff.. That was a comment I think -- oh, you were here for the Miami 21. That was a comment you heard from MNU (Miami Neighborhoods United). You heard it from many other people that they wanted to have their appellate rights heard here. Commissioner Suarez: Right. Commissioner Sarnoff.. Andl don't know -- and it's -- just becomes a policy decision, whether you think it's prudent for a corporation that has a lot more size and magnitude than a citizen, let's say, whether they should have their rights heard here too. It's simply a public policy decision. Commissioner Suarez: Yeah. I think the cost -- if you're an average citizen, the cost is much less for us to hear it than it is for both the filing fees and litigation costs. I think one of the things that we see when you have organizations like MNU is that when they're dealing with matters that affect their residents, it's hard for them to compete in a resource battle over time, you know, with a lot of these issues. So I think it's more efficient for us to hear it. It's less expensive for all parties concerned, and you know, you have a final decision and everybody can just go forward with it. That's my perspective. Commissioner Sarnoff.. Mr. Chair. Chair Gort: Okay. Yes, sir. Commissioner Sarnoff.. Would the final decision that we make then be appealable to a circuit court? Commissioner Suarez: Yes, I think so. Commissioner Sarnoff.. Okay. So I guess they still can go to circuit court if they choose. Chair Gort: So I'll leave that to you attorneys. What do you -- what would you like to do? Commissioner Sarnoff.. I can -- I don't know who made the motion. Who made the motion? City ofMiami Page 53 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Priscilla A. Thompson (City Clerk): We do not have a mover or sec -- Commissioner Sarnoff. We don't have a motion. Chair Gort: We don't have a motion. It's the public hearing. Commissioner Sarnoff. So I'll make a motion. Chair Gort: Commissioner Sarnoff, before you make the motion, let me open it up for the public. Does anyone in the public would like to address this issue? Lucia Dougherty: Good morning, Mr. Chairman and members -- Chair Gort: Good morning. Ms. Dougherty: -- of the Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm just here to support the Administration's amendments and the ordinance in its totality. I want you to know that the Administration worked very hard, as well as the CityAttorney's office, andl want to commend Vanessa and Orlando and Johnny Martinez and Victoria Mendez because we are all very competitive with each other, the industry itself, and we don't always agree with each other, and we don't certainly agree with the City, but they did a great job of navigating a very disparate group and coming up with a ordinance that we can all live with. We don't love it, but we can all live with it and that's to their credit, so we thank them. Commissioner Suarez: Mr. Chairman, ifI may. Chair Gort: Thank you. Yes. Commissioner Suarez: I just want to commend Commissioner Sarnoff because I believe it was his idea to have a workshop, you know, when we first talked about this. Andl'm not usually a proponent of workshops andl think sometimes that makes -- it makes things more complicated. But certainly in this particular case, that was a brilliant solution, a brilliant suggestion because it brought all the parties together. As the attorney mentioned, they are competing parties, but they got together and were able to work together towards a solution that everyone could live with. Commissioner Sarnoff.. Mr. Chair. Chair Gort: Thank -- Yes, sir. Commissioner Sarnoff.. Vanessa -- Ms. Acosta: Yes, sir. Commissioner Sarnoff.. -- this is a policy decision that this Commission's going to have to make. Andl'm not -- I'm going to ask you to dip into -- out of the clouds into the ground to tell me how it works. It's always been my contention that we should not have mural -only buildings. It has always been my contention -- this goes on in New York City as a matter of fact. New York City's mural program pales in comparison to the City ofMiami 's. But in New York City, you have vacant buildings, especially in the bowery, that will never be occupied that have murals of the size that we have. Andl wanted to avoid that when I drafted this ordinance andl remember an ifnd'getting changed to an 8r, 'and that was a -- and it happened very suspiciously, let me leave it at that, that a 40-year certification or certificate of use was put in there. Now, a 40-year certificate of -- 40-year certification has a certain requirement that I guess Orlando Toledo could City ofMiami Page 54 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 explain to us 'til the cows come home, but it essentially means the building is safe and it is probably safe for the next 40 years. A certificate of use means that the building is actually being occupied or capable of being occupied. And the -- my question to you is, what are we doing? 'Cause from a policy standpoint, this Commission's got to decide do we want buildings that are vacant, that are only used for murals, and what have we done in our ordinance to protect against that if it's the will of this Commission that we should have buildings that are occupied with murals? Ms. Acosta: Okay. In this -- what we went forward in doing is requesting and requiring that whenever reasonably -- commercially reasonable, the building come back to viability. They're required to have a building that has a certificate of use. The only concern with the certificate of use is that it does not address the building as a whole. A minor portion of a building may receive a certificate of use. So if you choose to have a 10 by 10 office in a building and that building holds a certificate of use, you can sort of play with the language. Am I correct, sir? Orlando Toledo: Orlando Toledo, director of Building and Zoning. She is correct. But to be able to obtain the CU (Certificate of Use), you need a 40-year certification because the 40-year is what tells us -- we look at electrical and we look at structure -- Ms. Acosta: Life safety. Mr. Toledo: -- and life safety issues, so automatically, if you are asking for a CU, part of that CU will be a 40-year certification because the building side will not approve it until such time that that 40-year is in. Commissioner Sarnoff. So -- Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. So as written right now, they require a 40-year certification -- Do not? Mr. Toledo: They require a certificate of use -- Commissioner Sarnoff. Which requires -- Mr. Toledo: -- which will -- Chair Gort: Requires -- Mr. Toledo: -- require -- it will trigger the 40-year certification. Commissioner Sarnoff. Okay. And can you just read the language to me that -- in the ordinance that says that? Ms. Acosta: A mural shall not be permitted on an unoccupied building only if the building possesses a valid certificate of occupancy, certificate of use, or 40-year recertification, if applicable. Commissioner Sarnoff. All right, so it's an 8r. "So it's either going to have a certificate of occupancy, a CO -- How does that differ from a CU? Mr. Toledo: The CO is on the building side; the CU is on the zoning side. Again -- Commissioner Sarnoff. I don't know if that explains it to me. City ofMiami Page 55 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Mr. Toledo: The Building Department issues a CO, and then you come into Zoning to obtain your CU. Chair Gort: CU. Commissioner Sarnoff. So CO to a layperson means this building is capable of being occupied. Mr. Toledo: Of occupying. Commissioner Sarnoff. A CU means this building is being occupied for appropriate uses. Mr. Toledo: By a specific time, yes. Chair Gort: Right. Ms. Mendez: But just to clam, Commissioner, because you bring up a valid point, a -- in order to make it so that it is difficult for an unoccupied building to have a mural on it, it would be taking out the certif -- the 5r certificate of use'art because you can have a shell certificate of use, which is basically for a structure for common areas. So I mean, the thing that really clinches that the building at least is a building that can be occupied and it's not an eyesore and it's not something that has wiring, you know, all over the place, would be a certificate -- a valid certificate of occupancy or a 40-year certification because a 40-year certification or a valid certificate of occupancy truly cover your concern. Ms. Acosta: There's an additional way to clean it up. There may be a way of saying that a certain percentage of the building must have CUs versus just leaving it as an open CU and leaving room for the 10 by 10. Commissioner Suarez: Mr. Chairman. Commissioner Sarnoff.. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff.. So -- sorry. But so -- I -- there's -- you're right. There's a little bit of artistry where you guys are saying that a person could occupy a 10 by 10 closet, let's say, of a -- I'm just going to use a number -- 20,000 square foot building, and they would get a certificate of occupancy and a certificate of use, and that really would not be an occupied building. We all agree. Ms. Mendez: Right. Because technically there could be an unoccupied building with a mural on it, but it's a beautiful building. It's got -- you know, and on the inside -- I mean, I don't know why anybody would want do this, but -- I mean, it could be that the building could be occupied, but it's not an eyesore or it's not anything that's dangerous or -- Commissioner Sarnoff.. See, my experience has been -- and maybe it's the other Commissioners as well -- when you ordinarily have a building that only has a mural on it, when you get down to the apron way of that building, it does not appear to be taken care of it does not appear to be swept, it does not appear to have all those -- the indicia of people caring for a building because, obviously -- you've seen this, and I'm sure everybody has seen this. Billboards are a little easier to understand. We see people put a billboard up on their property, they're done. They don't need to occupy their buildings because they're getting 50, 60,000, whatever it is biannually or however they're working it out, and they're happy. Andl think we have to be careful with this industry. And my only criticism of myself -- and is Bockweg still here 'cause he helped writing this ordinance from the beginning to? -- was that we weren't extremely careful to make sure that City ofMiami Page 56 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 unoccupied buildings have these murals. And again, I invite everybody to go to the bowery in New York and you will see unoccupied buildings that, I tell you, gentlemen, will not be occupied for the next 30 years and there's no eyes and ears, if you will, that a building brings on the street so that some of our safety issues, you know -- and I'm really talking about the buildings right by 395. Ms. Acosta: Sir, we attempted to ameliorate that in 62-613 in maintenance where building owners themselves will be responsible, where mural permits are issued, for full compliance with applicable federal, state, county, city, including but not limited to, building, life safety, electrical, technical codes, minimum housing, land use, zoning, solid waste, sanitary, storm water, sewer, all other applicable laws. When I mentioned that we're trying to hold the building owners accountable as well, we want to make sure that the owners who are receiving revenue maintain their buildings in such a standard that we are happy to have them within the City. Commissioner Sarnoff. And -- Mr. Chair. Chair Gort: Yeah. Commissioner Sarnoff. Are you satisfied, and Orlando, are you satisfied, and Madam City Attorney -- and you can all pipe in on your own -- are you satisfied that that language sets -- if it is to be the will of this Commission and the policy of this Commission that these buildings will appear to be occupied? Madam City Attorney? Ms. Mendez: If you have in the sentence that it has to have a valid certificate of occupancy or a valid 40-year certification, I think you're covered. When you throw in the 5r certificate of use," that's where it could get a little -- Commissioner Sarnoff. Vanessa, are you in agreement with that? Ms. Acosta: I'm somewhat in agreement that if we tighten it up a little, we will have less ambiguity as to the results. Chair Gort: Question. Commissioner Suarez: No. I'm listening to the debate. I understand the underlying policy concern andl agree with it. I think we don't want to promote a building that necessarily its only function is going to be essentially to hold up a billboard -- I mean, a mural, I'm sorry. The way I was thinking of it -- and this is just a suggestion. I haven't really thought it through. This is on the fly and us discussing it -- is it seems like we're trying to create a hyper technical definition of what an occupied building is. In other words, we're using a lot of different technical terms. Another way to do it is to take a step back. It's more discretionary, which means, you know, I suppose it could be more dangerously interpreted, but to say, you know, something to the effect that th the Manager's sole and absolute discretion, they will decide what is an occupied or an unoccupied building. It's more of a nebulous situation, but it vests the authority in one person and the person makes a call. I mean, if it -- you know, whether a building is occupied or unoccupied, is it 50 percent occupied, is it 51 percent occupied, is it 70 percent occupied? I think what you're worried about is the same thing I'm worried about, is that a building is going to never be occupied and it's just going to sit there and never be improved and it's never going to be part of our functioning community because they're generating whatever thousands of dollars a month in revenue and so they don't have an incentive really to become part of the stream of our commerce. Downtown is one example of where that could happen and it would be horrible for downtown, for the evolution of downtown. So I don't know that that solves the issue. I'm just making a suggestion. I don't know what the -- how the industry feels about it. Again, we haven't -- this is just on the fly. City ofMiami Page 57 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Ms. Mendez: Right now as it is, an unoccupied building, unoccupied, that no one's in there, can have a mural, but you have to have a certificate of occupancy or a certificate of use, which is the one that's, for me, more wishy-washy, or a 40 year of certification. So if you say, oh, it has a certificate of use for a storage -- I mean, for, you know, storage of bicycles downstairs in a 10 by 10, technically that meets the requirement of you know, the certificate of use portion so -- Commissioner Suarez: Mr. Chairman. Chair Gort: Commissioner Suarez. Commissioner Suarez: Let me posit another example. It's $70 to open up a corporation in the state of Florida. If you have a building with 20 units per floor and you're generatingX'humber of dollars in revenue, you can open up a corporation for every single unit and you can get a certificate of use or occupancy for every single unit and you don't have to actually occupy it or do business there, as far as I know. So if the cost of doing that is less than the revenue that's being generated, you could still operate a building that is essentially not occupied, you know. You can still have a mural on it. It's just a cost benefit. It's a cost -- it's a profit -loss analysis. Ms. Mendez: But I -- Commissioner Suarez: Right? I mean, am I right or am I wrong? Chair Gort: My understanding is -- I wish it was as easy to get a CU as you're stating. I don't think it's that easy. I mean, I wish we could do that. I would love to see that so the businesspeople could go ahead and open up a lot faster. I went through the process of getting a CU about three years ago. It's not that easy. Commissioner Suarez: Have you gotten it yet? Chair Gort: You have to comply with the -- a lot of the requirements. You have to go -- you have to fill out the application. You have to go to DERM (Department of Environmental Resources Management). DERM has to give you okay. If DERM does not give you an okay, then you cannot open that office. My understanding is, the building -- if it's more than 40 years old, they got to have that 40-year-old certification. At the same time, I'll introduce all three of them, put the CO and the CU and the 40-year certification's got to be automatically, is my understanding. Once a building hits 40 year old, it has to go through the process. And now my question is, since you have the murals and you know what the murals and what buildings they're in, I think you can have Code Enforcement going by to make sure that the building is maintained. I understand what you're saying andl don't want to see this building being deteriorated because it would not help any of us. But at the same time, there's a lot of building here that the people are not surviving because they're not deriving any income. This might help some of those buildings get some income and try to get some more tenants to come into the building. So it's a two-way street. I think we should have the ordinance where the people will have to comply with all the legislation that we have, with all the requirements. Commissioner Suarez: Mr. Chairman, ifI just may -- Chair Gort: Yes. Commissioner Suarez: -- just piggyback off what you said. Obviously, we all know we have the ability to change this ordinance in the future if we don't feel that, for whatever reason, it's being -- you know, it's being applied properly. I see Commissioner Sarnoff kind of -- Commissioner Sarnoff.. That's going to be a lot of -- City ofMiami Page 58 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Commissioner Suarez: You think there's like a vested right or something? Commissioner Sarnoff. -- vested rights arguments. Commissioner Suarez: Yeah. So -- well, then -- Ms. Acosta: Gentlemen -- Commissioner Suarez: -- I will -- I'll definitely -- Ms. Acosta: -- further along in that paragraph of unoccupied buildings -- Chair Gort: Excuse me. Are you finished? Commissioner Suarez: Yeah, no. I was just going to say I'll defer to my colleague's interpretation of what a vested right is in this context. I'm sure he knows a lot more about it than I do. Commissioner Sarnoff. I know what the allegations will be. Chair Gort: Yes, ma'am. Ms. Acosta: Further along, we provide for whenever commercially viable. For what you were saying, Chairman, the buildings actually do come back and start being occupied. Some of these buildings, like you're saying, don't have the rent revenue right now and they're using the mural, from what I'm understanding, revenues to be able to bring the buildings back. The intent in the redraft was to hold the building owners more accountable. We do have the addresses and they are being -- pursuant this rewrite, the building owners themselves will now have to more stringently adhere to any and all codes for purposes of code compliance, the (UNINTELLIGIBLE) and all of that. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. I think what Commissioner Carollo [sic] is saying is -- what I think he's saying is there are some brand-new buildings that are about to get murals that are not occupied yet, and that's not the one that concerns me. That's not the one that concerns me. What concerns me are the buildings that are getting these murals -- I mean, just everybody think when they go to the Beach and look to the north side. You have buildings there that are not viable buildings, in my opinion. I don't think anybody occupies the buildings. They're older buildings. They're 40, 50 years old. Maybe not that old, but they're older buildings, andl question whether the intention ever is to do anything more with those buildings. And but for the fact they're uniquely situated right next to 395, they would probably be torn down or face code enforcement for having a deteriorated building. My concern is that -- I might not mind that building if the owner took care of it, but if you go to any of those buildings right now, those sidewalks have not been swept, those facades have not been cleaned. The billboards -- excuse me, the murals look great because they have to look great because they're not the ones taking care of the mural, the mural company is. And I just question from a policy standpoint, from a public policy standpoint, if we want the City to grow, do we want to allow buildings to remain vacant? Andl do understand your distinction, which is there are some brand-new buildings that this may be the shot in the arm to keep them alive for the next two or three years until the tenants come in, and that's not my intention. My intention's something different. And that's why I went after it via a 40 year certification, via a CO, a CU. Andl could tell you this, the -- or it was once an and" when we drafted this. When it made it from the upstairs to the downstairs, it became an 8r'and City ofMiami Page 59 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 nobody caught it, and that's previous to this Administration and previous to you guys being here. And that ordinance, if Pieter Bockweg is here, that was written hand -wise over six months. I mean, we had nothing to work off of so it was a very long, laborious task. And so I want to bring to bear to you, it's not my concern for a new building. My concern is for the older buildings. Commissioner Suarez: Mr. Chairman. Chair Gort: No, no. I agree with you. I believe those old buildings, they're deteriorating and they shouldn't be standing up. That's why I said they will have to comply with -- we got to make the regulation that they have to comply -- Commissioner Suarez: Mr. Chair -- Chair Gort: -- with all the requirements of the City CU and CO. Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. I don't know how the Commissioner feels about this, but maybe we can, you know, adopt the ordinance and then readdress that specific issue in the next Commission meeting. I don't know what kind of a danger that poses, but it seems to me, debate -- you know, we're debating something. We have -- I think we have both -- all established that we're on the same page in terms of what we want it to say and not to say. We don't want it to hurt new, you know, buildings that are going to be coming online where that may defray some of the operational costs involved in having a profitable business, but we want to discourage buildings from existing solely for the purpose of having a mural on them and never taking any -- making any efforts to become part of the business community of whatever area they're in. So I don't know -- I'm not sure that we've gotten there in this discussion. Maybe it may take -- maybe it may be wise for us to actually think about it, continue considering it in the next couple of weeks. Andl don't know if we can readdress this. I don't know if you think there's any harm in that or any potential problem with that. Commissioner Sarnoff. Well, we -- Mr. Chair. We may have it. And what I'm -- and I'm not trying to belabor anything. Here's what we don't want to do. You don't want to make many amendments to the mural ordinance. Every amendment that's made goes to FDOT (Florida Department of Transportation), goes up to Tallahassee. You have a governmental entity that is going to review every amendment that you have so my -- and the reason I wanted to workshop this was I wanted to get this year's amendments, next year's amendment and hopefully the year after that -- Chair Gort: All of them together. Commissioner Sarnoff. -- amendments done this year so they get to review one document and give it a thumbs up or a thumbs down. My only concern is these are the three amendments the City ofMiami put to us in '011 [sic]. I don't think that's what we want to do. I think we want to make this a lasting document that has some elasticity for at least two, three years just so we don't get this -- so do we have it? Ms. Acosta: We have one other opportunity as the map change to this ordinance will be coming back in the next couple of weeks after the County makes their determination on our map boundary expansions. So if you'd like us as Administration to take this particular section under advisement and work on it between now and when the County comes back with the map approval, we can do that and just basically work on this for the next couple of weeks. Commissioner Sarnoff. Okay. Chair Gort: I think the -- both the industry, the property owners, and the Administration knows City ofMiami Page 60 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 where we're coming from, but want to make sure that whatever building is used to -- is kept. And I believe you have the safeguards put into the agenda [sic] where it can take place of it. If you can think of additional, it would do. At the same time, you have the addresses of all -- I imagine, of all the proposed buildings that want to be utilized. I think maybe you and the industry should make sure that the buildings that they're talking to, they're buildings that can comply with all the requirement because it has to have a CO, they have to have the 40-year certification, and they have to have a CU, okay. Any further discussion? Priscilla A. Thompson (City Clerk): Chair, you have not closed your public hearing yet. Chair Gort: I did. No? Ms. Thompson: No, you got interrupted. Chair Gort: Okey-doke. Ms. Thompson: Thank you. Chair Gort: Thank you. Anybody else? Ms. Dougherty: Mr. Chair, I just wanted to make a comment about this. Andl agree with your solution to defer it and see how it works because frankly I think it's done -- you've done a great job of making sure these buildings look a lot better than they used to. Andl thinkl know the building you're talking about. I don't represent -- I think it's the Eugene Rodriguez building. I don't represent him or the mural that's on it. It's the large building on the north side. But that building looks a whole lot better than it ever used to look, and they -- Commissioner Sarnoff. Well, that was the buildingl was thinking of actually -- Ms. Dougherty: -- made it look better -- Commissioner Sarnoff. -- 'cause I know what's going on with that building. And he entered -- Ms. Dougherty: Okay. Commissioner Sarnoff. -- into an agreement to put all the money from that particular building in the actual construction and retrofit of that building. So in some respects, he got a -- I don't want to say a good deal, but he got the ability to put the mural up with the understanding that revenue had to go into the building. Ms. Dougherty: But he had to fix that building before you put the mural up. Commissioner Sarnoff. He had to get a 40-year cert -- Chair Gort: Excuse me. Ms. Dougherty: I mean, so that's exactly what I'm saying. Chair Gort: Hello. Ms. Dougherty: You actually -- Yes, sir. Chair Gort: I don't want to hear arguments in here. He's making a statement. Let him finish his statement. Thank you. City ofMiami Page 61 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Ms. Dougherty: Did you want me to stop talking? Is that what --? Commissioner Sarnoff. No. I'm -- it's not that particular building, Ms. Dougherty. It's actually a building right next to 395. It's not used, it's not swept, it's not clean, andl want to make at least everybody aware thatl think the buildings need to look like they are habitable. Chair Gort: I agree. Yes, ma'am. Ms. Dougherty: Thank you very much. Chair Gort: Thank you. Ms. Dougherty: I agree with him. Chair Gort: Okey-doke. Close the public hearing. Any additional discussion? Roll call -- or read the ordinance. Ms. Thompson: I'm sorry. We don't have a mover or a seconder. Commissioner Suarez: Move it. Commissioner Dunn: Second. Commissioner Sarnoff. Second. Ms. Mendez: And just to be clear, Mr. Chair, are we going to move it as it is right now with the amendments of the words sign, and then in the future if there's any changes, we'll bring it up? I just wanted to be clear on how we're moving this. Or are we taking out this paragraph and not changing anything in that paragraph that has to do with the unoccupied buildings? I just need to be sure on how -- Chair Gort: My understanding is we're maintaining the paragraph and we have an ability -- some additional amendments can be made to that paragraph will be made when it comes back in two weeks. That was my understanding. Commissioners? Commissioner Sarnoff. The maker has to say -- Chair Gort: The maker of the motion -- Commissioner Suarez: Yes. Chair Gort: Yes. Commissioner Sarnoff. Yeah, and the seconder, I agree. I think we also put the change in for the percentage for the logo. Ms. Acosta: And for the reversion back to City Commission as well. Commissioner Sarnoff. Right. Ms. Mendez: Okay, so just to be clear, it's going to be City -- as this is being moved today by this Commission, it's going to be in Section 62-616 that talks about coming to City Commission, not to circuit court. Then in Section 62-611 -- I'm going backwards -- the two revisions that has to do with the signs, change the word lhural'to .1igns, 'as we had discussed. Then the -- City ofMiami Page 62 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Ms. Acosta: 62-602. Ms. Mendez: -- unoccupied building section, we're going to leave as it is here. And then the last one had to do with the logos and -- Ms. Acosta: 62-602. Ms. Mendez: -- which is 62-602. Ms. Acosta: The commercial message section at the top of page 4. Ms. Mendez: Correct, but that one -- what exactly -- what wording was changed in there because that's just the definition. If you're looking -- Ms. Acosta: We need to exclude the whole lticluding any text or logos'language, commercial trademark because those will no longer be counted towards the -- they won't be counted towards the 15 percent. Ms. Mendez: So then the definition of commercial message, we are striking lticluding any text or logos f om that definition? Ms. Acosta: Yeah. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff. What does text mean? 'Cause I understand what a logo is. What is text? Ms. Acosta: There are certain logos that actually have letters in them. Commissioner Sarnoff. So it's not further -- it's not commercial messaging? Ms. Acosta: From what I'm understanding for inclusion within the 15 percent of logo language, that needs to come out so that it's not counted towards. There are certain trademarked logos -- Commissioner Sarnoff. No. I -- Ms. Acosta: -- that have -- Commissioner Sarnoff. -- for instance, Bacardi. The Bacardi logo actually has the name -- Chair Gort: Has Bacardi, yeah. Commissioner Sarnoff. -- right, has Bacardi in it. And I'm not saying -- if that -- if you're calling that text, I'm okay with it. But if there's further commercial messaging -- no, okay. Ms. Acosta: And then Victoria, in page 10 -- Ms. Mendez: Okay, wait. Then we need -- in order to clarify what you're saying -- it's not in the definition because commercial message does include all those things. But then it would have to be -- that needs to be revised in page 10 when it talks about what we're counting in the 15 percent. Ms. Acosta: Okay. City ofMiami Page 63 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 RE.1 10-01378 Department of Capital Improvements Program Ms. Mendez: That's where it would have to be revised. So Ijust need to make sure that when we say mural commercial message size, the mural face shall be predominantly pictorial with text limited to no more than 15 percent of the mural face to be written copy. Here's where we take out l'orporate logos on the mural as stand-alone emblem and/or product shall be considered part of the written copy to be limited to 15 percent. "That's the little sentence we're taking out. I want everybody to be clear about that because the definition, you know, stays the same. Chair Gort: Yes. Ms. Mendez: Okay. All right, so I think we have all the changes now. Chair Gort: Okay. Ms. Mendez: Mr. Chair, could read the ordinance title? Chair Gort: Please do. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Chair Gort: Thank you. Roll call. Ms. Thompson: This is your roll call on your modified second reading ordinance. I want to make sure that I'm stating that correctly, that it is modified. Ms. Mendez: As modified. Chair Gort: As modified. Ms. Thompson: Thank you. Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, as modified, 4-0. END OF ORDINANCES - SECOND READINGS RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH TY LIN INTERNATIONAUH.J. ROSS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROVISION OF MISCELLANEOUS CIVIL ENGINEERING SERVICES, IN AN AMOUNT NOT TO EXCEED $500,000, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FROM $1,000,000, TO AN AMOUNT NOT TO EXCEED $1,500,000; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS. City ofMiami Page 64 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 10-01378 Summary Form.pdf 10-01378 Pre Legislation.pdf 10-01378Amendment No. 1.pdf 10-01378 Professional Services Agreement.pdf 10-01378 TY Lin Corporate Resolution.pdf 10-01378 Certificate of Liability Insurance.pdf 10-01378 Legislation. pdf 10-01378 Exhibit 1.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-11-0018 Chair Gort: Okay. Would you all like to listen to -- go a few more minutes, or would you like to break and come back maybe at 2: 30? Commissioner Sarnoff. Do you want to push a little bit? Chair Gort: Yeah. Commissioner Sarnoff. Let's -- You want to try to take up some of the REs (Resolutions)? Commissioner Dunn: Fine with me. Chair Gort: As long as we have quorum. RE.1. Alice Bravo (Director): Good morning. Alice Bravo, with CIP (Capital Improvements Program). RE.1 is a resolution authorizing the increase of a capacity for a miscellaneous engineering services contract with TYLin/H.J. Ross Company. This would further increase the contract capacity from the existing $1 million value to $1.5 million, and this is to address new assignments in which they have an area of expertise and also ongoing assignments that are going to design and construction phases. Chair Gort: Okay. Commissioner Sarnoff. So move. Chair Gort: Moved. Is there a second? Commissioner Dunn: Second. Chair Gort: Discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. RE.2 RESOLUTION 10-01429 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Program AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT City ofMiami Page 65 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 WITH LEO A. DALY COMPANY, IN SUBSTANTIALLY THE ATTACHED FORM, FOR ADDITIONAL SERVICES FOR THE STADIUM SITE PARKING PROJECT, B-30648, IN THE AMOUNT OF $50,000, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FROM $5,334,642.60 TO AN AMOUNT NOT TO EXCEED $5,384,642.60; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-30648. 10-01429 Summary Form.pdf 10-01429 Pre Legislation.pdf 10-01429Amendment No. 1.pdf 10-01429 Letter from Leo A Daly to City of Miami.pdf 10-01429 Corporate Resolution 1. pdf 10-01429 Corporate Resolution 2.pdf 10-01429 Professional Services Agreement. pdf 10-01429 Legislation.pdf 10-01429 Exhibit.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RE.3 10-01430 Department of Capital Improvements Program RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH BELLSOUTH TELECOMMUNICATIONS, INC. ("LICENSOR"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE MIAMI RIVER GREENWAYS SEGMENT D (EAST LITTLE HAVANA) PROJECT, B-40686; GRANTING THE CITY OF MIAMI ACCESS TO THE LICENSORS PROPERTY FORA TERM OF TWO (2) YEARS, TO BE EXTENDED FOR ONE (1) ADDITIONAL ONE (1) YEAR TERM UPON MUTUAL CONSENT. 10-01430 Summary Form.pdf 10-01430 Legislation.pdf 10-01430 Exhibit 1.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-11-0019 Chair Gort: RE.2, my understanding, was withdrawn? Alice Bravo (Director, Capital Improvements Program): Yes. Chair Gort: RE.3. Ms. Bravo: RE.3 is a license agreement authorizing us to perform improvements on a piece of real estate owned by BellSouth and this is to carry out one of our Miami River Greenway projects, Segment E, East Little Havana, Project number B-40686. Chair Gort: Okay. Any questions? Do I have a motion? City ofMiami Page 66 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Commissioner Dunn: So move. Commissioner Sarnoff. So move. Second. Commissioner Dunn: Second. Chair Gort: It's been moved and seconded. Discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Ms. Bravo: Thank you. Chair Gort: RE.4. That was withdrawn too. Am a correct? Priscilla A. Thompson (City Clerk): Yes. In fact, Chair -- Commissioner Sarnoff. RE (Resolution) -- Chair Gort: Yes. Ms. Thompson: -- RE -- we only had RE.1 and 3 to do. RE.4 was continued; RE.5, indefinitely deferred, and then RE. 6 is coming back in February. Chair Gort: Okay. Back at 2: 30? Commissioner Sarnoff. All right. RE.4 RESOLUTION 10-01431 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Program ACCESS, INDEMNIFICATION AND ACCEPTANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BOUYGUES CIVIL WORKS FLORIDA, INC., GRANTING TEMPORARY ACCESS RIGHTS TO THE VIRGINIA KEY NORTH POINT ("PROPERTY") FOR THE DELIVERY OF UP TO 240,000 CUBIC YARDS OF DONATED FILL MATERIAL TO BE USED TO ESTABLISH A BERM AROUND THE WATER AND SEWER TREATMENT FACILITY SITE LOCATED ON THE PROPERTY, TO RESTORE AREAS USED FOR THE MOUNTAIN BIKE ACTIVITIES AND TO BE USED BY THE CITY OF MIAMI DEPARTMENT OF PUBLIC WORKS AS NECESSARY. 10-01431 Summary Form.pdf 10-01431 Legislation.pdf 10-01431Exhibit 1.pdf 10-01431Exhibit 2.pdf 10-01431 Summary Form Jan 27, 2011.pdf 10-01431 Legislation Version 2 Jan 27, 2011.pdf 10-01431 Exhibit Jan 27, 2011.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the record: Item RE.4 was deferred to the Commission meeting currently scheduled for City ofMiami Page 67 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 January 27, 2011. RE.5 RESOLUTION 10-01432 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 220243, THAT URS CORPORATION SOUTHERN IS THE HIGHEST -RANKED FIRM TO PROVIDE DOMESTIC SECURITY AND EMERGENCY PROGRAM MANAGEMENT CONSULTING SERVICES; AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, FORA TWO (2) YEAR PERIOD WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS SUBJECT TO BUDGETARY APPROVAL, FROM THE UASI GRANT PROJECT ACCOUNT, ACCOUNT NO. 11000.181000.664000.0000.00000, PTAEO 18-180018-18-01.02.03-1660- PROFESSIONAL SERVICES-181000, IN AN AMOUNT NOT TO EXCEED $800,000 ANNUALLY, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $4,000,000; SHOULD NEGOTIATIONS FAIL WITH THE HIGHEST -RANKED FIRM, THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY, IS AUTHORIZED TO NEGOTIATE A PSA WITH THE SECOND -HIGHEST RANKED FIRM, DAVISLOGIC, INC., DBAALL HANDS CONSULTING. 10-01432 Summary Form.pdf 10-01432 Committee Recommendation.pdf 10-01432 Legislation.pdf 10-01432 Exhibit 1.pdf 10-01432 Exhibit 2.pdf 10-02432 Exhibit 3.pdf 10-02432 Exhibit 4.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RE.6 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. City ofMiami Page 68 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 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 Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II END OF RESOLUTIONS BOARDS AND COMMITTEES BC.1 RESOLUTION 10-00911 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Othon Castaneda Mayor Tomas Regalado 10-00911 Arts CCMemo.pdf 10-00911 Arts Current Board Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo R-11-0021 Chair Gort: At this time, my understanding the -- one of the last item is RE. 6, which is the Community Redevelopment Agency budget. Priscilla A. Thompson (City Clerk): No. Chair Gort: Or was that removed? Unidentified Speaker: That was deferred. Chair Gort: That was deferred? Ms. Thompson: Right. PH -- Chair Gort: Okay, yes. Ms. Thompson: -- 4 had been tabled. Chair Gort: PH.4 was tabled. It was tabled by Commissioner Carollo. Everyone has board City ofMiami Page 69 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 BC.2 10-01297 appointment, right? We're going to have to wait because we need fourrfifth vote on some of those board appointments that we're going to make, so we have to wait until we have a full board. All right. Let's go through a few of the board appointments, and then when Commissioner Carollo gets here, we go into the District 5 presentation. Ms. Thompson: Okay. All right, if you'd like to start with our board appointments, BC.1 would be our Arts and Entertainment Council. The Mayor has proffered one name for that -- for one of his appointments. And then Commissioner -- I'm sorry, Vice Chair Carollo has an appointment. The Mayor's proffered name for his appointment for Art -- one of his appointments would be Othon Castaneda. Chair Gort: Othon Castaneda. Ms. Thompson: O-T-H-O-N Castaneda. Othon Castaneda. Chair Gort: Okey-doke. Commissioner Dunn: Second. Chair Gort: There's a motion and a second. Discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Francis Suarez 10-01297 Audit CCMemo.pdf 10-01297 Audit Current_Board_Members. pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Priscilla A. Thompson (City Clerk): Then BC.2, we have the Audit Advisory Committee. That appointment -- we have one appointment for a vacant position there with Commissioner Suarez. Commissioner Suarez: Defer. Ms. Thompson: You're making the motion to defer. Commissioner Sarnoff.. Second. Chair Gort: All in favor, state it by saying aye." City ofMiami Page 70 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 BC.3 10-00799 Office of the City Clerk BC.4 The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Francis Suarez Commissioner Richard Dunn II 10-00799 Bayfront CCMemo.pdf 10-00799 Bayfront Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Priscilla A. Thompson (City Clerk): On your BC. 3, Bayfront Park Management Trust, Commissioner Suarez has an appointment and so does Commissioner Dunn. Commissioner Suarez: Motion to defer. Chair Gort: Defer. Commissioner Suarez: Actually, if you -- Mr. Chairman, if I may. Chair Gort: Sure. Commissioner Suarez: I don't have any appointments, so if there are any with my name, you can just consider them all deferred for today. Ms. Thompson: When we get to each one, then we'll go ahead and make the motion there. Commissioner Dunn has an appointment. Chair Gort: Commissioner Dunn, you have an appointment to Bayfront Park. You have an appointment to Bayfront Park. Commissioner Dunn: I'm going to defer. Chair Gort: Defer. Commissioner Sarnoff. Second the motion. Chair Gort: There's a motion to defer. All in favor, state it by saying, aye." The Commission (Collectively): Aye. RESOLUTION City ofMiami Page 71 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 10-00648 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TERM Clerk LIMIT BY A FIVE -FIVE UNANIMOUS AFFIRMATIVE VOTE, AS IT RELATES TO RALPH DUHARTE AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST. 10-00648 Bayfront Waiver CCMemo.pdf 10-00648 Bayfront Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0022 Priscilla A. Thompson (City Clerk): We move on to BC.4. BC.4, we -- Oh, now we do have a full board. BC.4, we have Mr. Ralph Duarte, who has been a -- who was appointed as a member to the Bayfront Park Trust. He was appointed by Chair Gort on March 11, but he's served since May 11, 2000, so he needs a five five term waiver limit. Chair Gort: Okey-doke. Vice Chair Carollo: Second. Chair Gort: It's been moved and second. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: That brings a lot of history. BC.5 RESOLUTION 10-00912 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Allyson M. Warren Mayor Tomas Regalado 10-00912 CSW CCMemo.pdf 10-00912 CSW Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0023 A motion was made by Commissioner Suarez, seconded by Vice Chairman Carollo, and was passed unanimously, to appoint Allyson M. Warren as a member of the Commission on the Status of Women; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the City ofMiami Page 72 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 members of the City Commission, as it relates to Allyson M. Warren as a member of the Commission on the Status of Women. Priscilla A. Thompson (City Clerk): Okay. BC.5, we have the Commission on the Status of Women. Mayor Regalado has proffered a name for his appointment, then Vice Chair Carollo has two appointments, and Commissioner Suarez will be continuing his. The Mayor -- Chair Gort: Commissioner Carollo. Vice Chair Carollo: Thank you, Mr. Chairman. I'm going to continue all my appointments. Chair Gort: Okay. Commissioner Suarez: Move on the Mayor's appointment. Chair Gort: There's a motion on the Mayor's -- Vice Chair Carollo: Second. Chair Gort: -- appointment, a second. Ms. Thompson: I need to proffer the name for you. Chair Gort: Yes. Ms. Thompson: The Mayor has proffered the name of Ms. Allyson Warren. Ms. Warren will need a five five term limit waiver because she has served on that board since September 13, 1999. Chair Gort: Okay. There's a motion and a second. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. BC.6 RESOLUTION 10-00829 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 10-00829 CRB CCMemo.pdf 10-00829 CRB Current_Board_Members.pdf 10-00829 CRB Resumes.pdf NOMINATED BY: Vice Chairman Frank Carollo Vice Chairman Frank Carollo Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II City ofMiami Page 73 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Priscilla A. Thompson (City Clerk): On BC.6, our Community Relations Board, that will be deferred because that is Commissioner Carollo's -- those two appointments are his. BC.7 RESOLUTION 10-00011 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 10-00011 CTAB CCMemo.pdf 10-00011 CTAB Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Priscilla A. Thompson (City Clerk): On BC.7, we will be deferring that one. BC.8 RESOLUTION 10-00825 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Marc David Sarnoff Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Wifredo (Willy) Gort FOP 10-00825 EOACCMemo.pdf 10-00825 EOAB Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II City ofMiami Page 74 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Priscilla A. Thompson (City Clerk): On BC.8, Commissioner Sarnoff has an appointment. Commissioner Sarnoff.. I would defer. Ms. Thompson: You'll be deferring yours, okay. And then Commissioner Gort -- I'm sorry. Chair Gort: I defer mine, too. Ms. Thompson: Okay, so they'll be deferred. BC.8 is deferred. BC.9 RESOLUTION 10-01298 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Clerk EMPLOYMENT REQUIREMENTS BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO EDILFA PEREZ AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD. 10-01298 EOA Waiver CCMemo.pdf 10-01298 EOAB Current_Board_Members.pdf NO ACTION TAKEN Priscilla A. Thompson (City Clerk): Then BC.9 would be your -- again, I need five five, so I don't have five individuals on the dais, so we can't take that one up. Chair Gort: Okay. There's only one item that was left, which is the -- Ms. Thompson: No, sir. Chair Gort: -- PH (Public Hearing) -- Ms. Thompson: I'm sorry. We still have some more board appointments, but if you want to wait and come back to those? Chair Gort: What's left? BC.9, 10, and 11 ? Ms. Thompson: You actually have up to BC.23. Chair Gort: Okey-doke. Let's keep going. Ms. Thompson: Okay. On BC.9 -- I'm sorry, let me make sure. BC.10 RESOLUTION 10-01305 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: NOMINATED BY: Clarence Graves (AFSCME 871) AT -LARGE City ofMiami Page 75 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 10-01305 GESE CCMemo.pdf 10-01305 GESE Current_Board_Members.pdf GESE MEMO.pdf Motion by Commissioner Dunn II, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-11-0024 Priscilla A. Thompson (City Clerk): On BC.10, the AFSCME (American Federation of State, County and Municipal Employees) has proffered a name for their appointment to the GESE (General Employees Sanitation Employees) Board. The name that's proffered is Mr. Clarence Grave, so we need a vote on that. Chair Gort: Okay. Do I have a motion? Commissioner Dunn: So move. Chair Gort: It's been moved. Is there a second? Commissioner Sarnoff. I'm sorry. Second. Chair Gort: Second. Any discussion? Civil Service Board. Ms. Thompson: No, no, GESE Board, pension board. Chair Gort: I mean, GESE Board. Commissioner Dunn: No discussion. Chair Gort: Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. BC.11 RESOLUTION 10-00766 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Frank Carollo Commissioner Richard Dunn II 10-00766 Health CCMemo.pdf 10-00766 Health Current_Board_Members.pdf City ofMiami Page 76 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Priscilla A. Thompson (City Clerk): On BC.11, we have our Health Facilities Board. Vice Chair Carollo is continuing his. Commissioner Dunn, you have appointment. Commissioner Dunn: Defer. Ms. Thompson: I'm sorry? Commissioner Dunn: I would like to defer. Ms. Thompson: Okay -- Chair Gort: Defer. Ms. Thompson: -- I'm sorry. Thank you. BC.12 RESOLUTION 10-00018 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Gary M. Hecht (Citizen) 10-00018 HEP CCMemo.pdf 10-00018 HEP Current_Board_Members.pdf HEP Applications.pdf 10-00018 List HEP applicants.pdf Commissioner Marc David Sarnoff Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0025 Chair Gort: BC.12. Priscilla A. Thompson (City Clerk): Okay. On BC.12, we have the HEP (Historic and Environmental Preservation) Board. We have appointments to be made by Commissioner Sarnoff, and then the two for Vice Chair Carollo will be deferred. Commissioner Sarnoff.. Who are the --? The HEP Board appointments for me, who are the two people? Ms. Thompson: No. There's one person. You actually have an incumbent in that position, Mr. City ofMiami Page 77 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 William Cooper. This is one of the individuals who did not apply when we advertised for the position. So you -- but you do have eligible applicants listed. Commissioner Sarnoff. And who would they be? Ms. Thompson: The -- in the category of citizen, Mr. Gary M. Hecht, Mr. Rafael J. De La Sierra, and Mr. Miguel Seco. Commissioner Sarnoff. Let me appoint Mr. Hecht. Ms. Thompson: Mr. Gary Hecht. Okay. Motion is by -- Chair Gort: I need a second. Vice Chair Carollo: Second. Chair Gort: Motion by Commissioner Sarnoff, second by Commissioner -- Vice Chairman Carollo. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. BC.13 RESOLUTION 10-00809 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Robert (Bob) Powers Mayor Tomas Regalado Henry Goa Mayor Tomas Regalado Jose Solares Mayor Tomas Regalado (Chairperson) 10-00809 Homeland CCMemo.pdf 10-00809 Homeland Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo R-11-0026 Priscilla A. Thompson (City Clerk): On BC.13, Homeland Defense, the Mayor has proffered his names for three of his appointments. Vice Chair Carollo will be continuing his, and then Commissioner Suarez will be continuing his. The names that were proffered by the Mayor, Mr. Robert Bob'Powers, Mr. Henry Goa, and to appoint the Chair, Mr. Jose Solares. Those are his three names. Chair Gort: Okay. Do I have a motion for the -- City ofMiami Page 78 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Commissioner Suarez: Move it. Commissioner Dunn: Second. Chair Gort: -- Mayor's appointments? It's been moved and second. Any discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Thompson: Okay. BC.14 RESOLUTION 10-01396 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City Manager Tony E. Crapp, Jr. 10-01396 Liberty City CCMemo.pdf 10-01396 Liberty Current_Board_Members.pdf Motion by Commissioner Dunn II, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Priscilla A. Thompson (City Clerk): BC.14, we will be asking -- our office is asking for continuance of that because we have not been able to complete our advertising for that particular board. Commissioner Dunn: So move. Commissioner Suarez: Second. Chair Gort: Discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. BC.15 RESOLUTION 10-00575 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MAYOR'S INTERNATIONAL COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Joe Chi Mayor Tomas Regalado City ofMiami Page 79 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 10-00575 MIC CCMemo.pdf 10-00575 MIC Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo R-11-0027 Priscilla A. Thompson (City Clerk): On BC.15, on the Mayor's International Council, the Mayor has proffered the name of Mr. Joe Chi. Commissioner Suarez: So move. Chair Gort: It's been moved. Is there a second? Commissioner Sarnoff. Second. Chair Gort: Second. Any discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. BC.16 RESOLUTION 10-01397 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Frank Carollo Chairman Marc David Sarnoff 10-01397 MSEA CCMemo.pdf 10-01397 MESA Current_Board_Members.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo R-11-0028 Priscilla A. Thompson (City Clerk): On BC.16, we have the MSEA Board, Miami Sports and Exhibition Authority. Commissioner Sarnoff has an appointment, and Vice Chair Carollo will be continuing his. So Commissioner Sarnoff. Commissioner Sarnoff. Wasn't my appointment Commissioner Carollo? Ms. Thompson: That is correct. Commissioner Sarnoff. I'll move to reappoint Commissioner Carollo. City ofMiami Page 80 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Commissioner Suarez: Second. Chair Gort: Been moved and second. Is there any discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Ms. Thompson: BC.17, the Nuisance Abatement Board, that one will be deferred at the request of -- Commissioner Dunn: No. Just -- he's signaling something. The Vice Chair is trying to say something. Chair Gort: You got it. We passed it. Commissioner Sarnoff. That's what happens when you don't show up. Chair Gort: We approved -- Commissioner Sarnoff. Wait a minute. Chair Gort: -- it, already been passed. Commissioner Sarnoff. Let's make him the president -- the chairman, secretary as well. BC.17 RESOLUTION 10-00913 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 10-00913 NAB CCMemo.pdf 10-00913 NAB Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Priscilla A. Thompson (City Clerk): So on BC.17, that's an appointment to the Nuisance Abatement Board. Vice Chair Carollo has asked that his appointment be deferred. BC.18 RESOLUTION 10-00102 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TERM Clerk LIMIT BY A FIVE -FIVE UNANIMOUS AFFIRMATIVE VOTE, AS IT RELATES TO SHANE GRABER AS A MEMBER OF THE NUISANCE ABATEMENT BOARD. City ofMiami Page 81 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 10-00102 NAB Waiver CCMemo.pdf 10-00102 NAB Current_Board_Members.pdf NO ACTION TAKEN Priscilla A. Thompson (City Clerk): On BC.18 we have only four members on the dais so we can't take that one up. Chair Gort: Okay. BC.19 RESOLUTION 10-00035 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 10-00035 PRAB CCMemo.pdf 10-00035 PRAB Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Priscilla A. Thompson (City Clerk): On BC.19, we'll be continuing that one, but Chair Gort has an appointment to make. The individual who he appointed, Mr. Infante, was appointed on October 14, but he does not reside in District 1 and the -- you must reside in District 1 in -- or in the district in order to serve on that board. Chair Gort: Okay. Being a resident of the City ofMiami is not enough? He's got to be a resident of the district? Ms. Thompson: That's right. In this particular -- for this particular board there's that layer that they must be a member of -- I'm sorry -- a resident of the district. I don't -- the policy (UNINTELLIGIBLE) -- Chair Gort: That's the policy at this time, okay. Ms. Thompson: And the question that see -- Commissioner Suarez: Yes. Ms. Thompson: -- hear the Commissioner asking is about the waiver. In our current code, it only gives waiver for the residency. But if the ordinance is specific and it says They must,'£t is my understanding that's what has to be followed. We can find out from the Law Department. Chair Gort: Okay. BC (Boards and Committees) -- Julie O. Bru (City Attorney): For this board residency may not be waived. Ms. Thompson: Thank you. City ofMiami Page 82 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Chair Gort: Okay. That takes care of that. BC.20. Ms. Thompson: So we'll just go ahead and defer? You want us to defer? Chair Gort: Defer it, yes. Ms. Thompson: Okay. Thank you. BC.20 RESOLUTION 10-00918 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PLANNING, ZONING AND APPEALS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 10-00918 PZAB CCMemo.pdf 10-00918 PZAB Current_Board_Members.pdf 10-00918 PZAB applications.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Priscilla A. Thompson (City Clerk): On BC.20, the Planning, Zoning, and Appeal [sic] Board will be deferred. On BC.21 -- Commissioner Dunn: Mr. Chairman, before we -- please. Chair Gort: Yes. Commissioner Dunn: Couldl --? I need some guidance, Madam Clerk. Ms. Thompson: Yes, sir. Commissioner Dunn: I would like to make some changes, but how wouldl go about doing that? You would have to advertise? Ms. Thompson: For the Planning and Zoning Appeal Board [sic], we actually have a list of eligible applicants and incumbents right now. There are seven names available for you to choose from. We can go out for a new advertisement if that is the wish of the Commission so that we can get a larger applicant pool, if you so desire. Commissioner Dunn: Let's -- can we do that? Ms. Thompson: Yes. Chair Gort: All right. City ofMiami Page 83 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 BC.21 10-00823 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate) NOMINATED BY: Chairman Marc David Sarnoff Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Francis Suarez Commissioner Francis Suarez Commissioner Richard Dunn II Commissioner Richard Dunn II 10-00823 UDRB CCMemo.pdf 10-00823 UDRB Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Priscilla A. Thompson (City Clerk): BC.21, the UDRB, the Urban Development Review Board. Commissioner Sarnoff has an appointment to make. Vice Chair Carollo will be deferring his. Commissioner Gort -- I'm sorry. Chair Gort has two appointments, and then Commissioner Suarez will be deferring. And Commissioner Dunn, you have appointments as well. Commissioner Dunn: I want to -- Chair Gort: I defer mine. Commissioner Dunn: I defer mine, Mr. Chairman. Commissioner Sarnoff.. I would appoint Todd Tragash. Ms. Thompson: Now, as I've been explaining, with this particular board there are term limits, and Mr. Tragash cannot be reappointed at this time because of that term limit. He can continue to serve until you decide to appoint someone who can be appointed with no term limit. Commissioner Sarnoff.. Then I will likewise defer. Ms. Thompson: Okay, thank you. City ofMiami Page 84 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 BC.22 10-00919 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR ATERM AS DESIGNATED HEREIN. BC.23 10-00039 Office of the City Clerk APPOINTEE: NOMINATED BY: Commission AT -LARGE 10-00919 Virginia Key CCMemo.pdf 10-00919 VKBPT Current_Board_Members.pdf NO ACTION TAKEN Priscilla A. Thompson (City Clerk): Under BC. 21 [sic], the Virginia Key Trust, we have not had any names -- I'm sorry -- BC. 22. We've not had a name proffered by the board yet. And according to the ordinance, that name has to be proffered by the Trust to the Commissioners to make a selection from. Chair Gort: Okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Jose Keichi Fuentes Mayor Tomas Regalado 10-00039 WAB CCMemo.pdf 10-00039 WAB Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0029 Priscilla A. Thompson (City Clerk): And lastly, on BC.23, the Mayor has submitted a name and proffered a name for his board appointment. The name is Jose Fuentes. Commissioner Suarez: Move it. Commissioner Dunn: Second. Chair Gort: Been moved and second. Is there any discussion? Being none, all in favor, state it City ofMiami Page 85 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 by saying iiye. " The Commission (Collectively): Aye. Ms. Thompson: Thank you. Chair Gort: Thank you. END OF BOARDS AND COMMITTEES DISCUSSION ITEM DI.1 DISCUSSION ITEM 10-01435 Department of QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT Finance EXPENDITURES - FIRST QUARTER FY 2011. 10-01435 Summary Form.pdf M.1 11-00016 DISCUSSED Vice Chair Carollo: D -- Chair Gort: Next items. Vice Chair Carollo: Commissioner Sarnoff. Go to page 37. Chair Gort: DI.1. Diana Gomez: Diana Gomez, Finance director. DI.1 is a discussion item in accordance with the Financial Integrity Principles. I'm required to give an update, a quarterly update of nonreimburseable grant expenditures. For the first quarter of fiscal year 2011, there were no amounts that were reported as nonreimburseable. Chair Gort: Questions? Thank you. Ms. Gomez: Thank you. Chair Gort: You don't need any motion on this, right? Vice Chair Carollo: No. END OF DISCUSSION ITEM MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 86 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 ATTACHMENT(S), APPROVING THE SALARY AND BENEFITS FOR CITY MANAGER TONY E. CRAPP JR., EFFECTIVE JANUARY 3, 2011. 11-00016 Exhibit SUB.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0017 Chair Gort: Mr. Mayor. Mayor Tomas Regalado: Thank you, Mr. Chairman, and thank you, Commissioners. When you approved the nomination of Tony Crapp, Jr. as City Manager last year in December, we said that we will bring on this meeting the compensation package of the new City Manager that you approve. And I'm here to present to you a resolution with the compensation and benefits for City Manager Tony Crapp, Jr., effective January 3, 2011, which was the day that he officially took office as the City Manager of the City ofMiami. In the package, you will see that it's in line with the philosophy and the works of the City Commission last year in a very difficult budget process. You'll see the compensation in terms of salary and the different other issues, like insurance, leave time, deferred compensation, and COLA (Cost of Living Allowance). I think it's a lean compensation package. I believe that it responds to how you have decide that the City should be run in terms of budget, which is no extraordinary salaries or no accrued vacation. One of the points that it's important is the vacation day, you know, take it or lose it, and that's been the norm with what you have done for the City Attorney and the City Clerk and also some of the other issues. The salary of the City Manager will be 185, effective January 3, 2011. I will point out that this is much, much less than any other City Manager. And if you have any other questions, I would gladly respond or the City Manager or the chieffinancial officer any question that you have. I respectfully request that you consider this compensation package. Thank you. Chair Gort: Okay. Questions. Commissioner Dunn. Commissioner Dunn: Mr. Chairman, I -- actually, I looked over -- to my colleagues, I looked over the proposed benefits, and in keeping with the unanimous vote that was given back in December, it's really, to me, not necessary for us to go through a long -- I'm sure we have -- but I'd like to make a motion with discussion that we approve this proposed benefits package for the City Manager, in light of the fact that it is in keeping with the major budgetary constraints that we're facing and in light that it's extremely low in comparison to other City Managers. To me, it's a no-brainer. Commissioner Suarez: Second for discussion. Chair Gort: Been moved and second. Discussion. Commissioner Suarez: Thank you, Mr. Chairman. There's a couple of things, in looking over this term sheet, that I wanted to touch upon and bring to light. One question that I had that maybe -- I don't know if the appropriate person to answer would be the Manager or the Mayor -- is what is the percentage decrease in salary from the prior City Manager who received a salary 'cause we know the last City Manager didn't receive a salary. But maybe Mr. Springs [sic] can enlighten us as to what the decrease is from one manager to the other. Larry Spring: Larry Spring, chieffinancial officer. Commissioner, the previous City Manager's base salary was set at 220, 000, so we're talking about a $35,000 decrease from the previous manager, so a pretty significant percentage. City ofMiami Page 87 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Commissioner Suarez: Thank you. Andl think, if I'm not mistaken -- 'cause we've done a lot of this throughout the budget. The cell phone allowance seems to be very, very small in comparison with -- not that I'm arguing with it, but I'm saying that it seems to be pretty low in comparison with other officials throughout the City that have had cell phone allowances. Is that correct or is that --? Mr. Spring: The -- Vice Chair Carollo: Same. Mr. Spring: Sony, Mr. Chair. Chair Gort: Go ahead. Commissioner Suarez: The same? Vice Chair Carollo: Same. Mr. Spring: The 200 per month is the amount set for the chiefs level, so the amount that I receive, the other assistant City Managers. So it is lower than, again, what we were talking before so -- Commissioner Suarez: Okay. The other thing that -- there's two other things that -- three other things that strike me as interesting. You know, we, in the whole entire negotiations with the City Attorney and the City Clerk, substantially reduced vacation days, sick days, and we also changed the bankability of those days, which used to be bankable and could accumulate to a huge liability for the City and have accumulated to a huge liability for the City. Andl could see that this maintains that consistency where it's use it or lose it, and it's substantially less days than -- Mr. Spring: Absolutely. Commissioner Suarez: Okay. Andl also see that on the severance portion, when we negotiated with the City Attorney and the Clerk, I think -- I'm not sure with the Clerk, but with the City Attorney, I think it was six months and this is less, four months, correct? Mr. Spring: Correct. Commissioner Suarez: The one thingl do have an issue with, because I remember this was a bone of contention for me when we negotiated with the City Attorney, was the deferred compensation. Andl think the way that I worded it in her agreement, andl think it -- I don't know if it was accidentally not worded the same way -- was that she would receive the deferred compensation so long as the other executives received the deferred compensation. But if for some reason it was -- we made a policy decision in the future to remove it for the other executives, then it would also be removed for the City Attorney andl think maybe also the City Clerk 'cause -- Mr. Spring: I mean, if that is the Commission will -- and of course, the Manager agrees -- Commissioner Suarez: Is that not how it was, Madam Attorney? Is that --? Yeah, right? Okay. So, I mean, if no one objects to that, I'd like to proffer that as a -- which essentially says that, you know, City Manager will receive the deferred compensation, but if in the future there's a determination that's not in the best interest of the City, then everyone, all the executives who receive the deferred compensation -- it'll be a fair, you know, thing for everyone 'cause I'm not a big fan of the deferred compensation, you know, and we've talked about that. And that's all -- those are my only comments on it. If we could make that amendment to the term sheet. City ofMiami Page 88 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Chair Gort: Sure. Commissioner Suarez: I think in the future we may want to think about whether or not we want to have a term sheet that's this basic. You know, we could either go to an at -will type of situation, which is what I think the County Attorney had for many, many years, or go to something a little bit more comprehensive than just a simple one page term sheet because this does invite, to a certain degree, litigation and has invited litigation in the past because some -- you know, it's silent on a number of different issues. But you know, I'm okay with the actual terms on there, and I commend the Administration for negotiating in good faith on behalf of our residents in coming up with it. The only -- andl also commend the City Manager for accepting a deal that is much more generous in our favor. Thank you. Chair Gort: Thank you. Anyone else? Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: Thank you. And by the way, when I looked at my package, the item wasn't in the -- in my actual package. It came later. I think it came within the five-day rule, so it's not like I'm trying to -- you know, but since it wasn't in my package, I didn't have the time that I usually would take to go over this andl do have some questions. One is what is the cost of the disability insurance? It says here the disability insurance -- in the event that a disability plan is offered to other City executives -- andl don't know if any other City executives has a disability insurance -- Mr. Spring: We don't. Vice Chair Carollo: -- or not. Mr. Spring: We don't. Vice Chair Carollo: So no other City executives has [sic] a disability insurance? Mr. Spring: No. Vice Chair Carollo: So then the cost is actually zero, right? Mr. Spring: Correct. Vice Chair Carollo: Okay. I want to verifi, what is the maximum that could be contributed to the deferred compensation plan for the Manager under this plan? Mr. Spring: I need -- I don't have that number right now, Mr. Vice Chair. I need to check. Commissioner Suarez: I can tell you, more or less. It's -- I believe it's in the mid-30s, if I'm not mistaken, so -- Vice Chair Carollo: Do I take Commissioner Suarez's word for it? Mr. Spring: From my perspect -- I will verifi, the number for you, Mr. Chair. Commissioner Suarez: I'm sorry. I stand corrected. City ofMiami Page 89 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Chair Gort: He's the one that works the packages. Commissioner Suarez: It's around 22. Commissioner Sarnoff. Twenty-two percent. Commissioner Suarez: Twenty-two thousand. Commissioner Sarnoff. Twenty-two percent. Commissioner Suarez: Twenty-two percent or 22,000? Vice Chair Carollo: Mr. -- Mr. Spring: Twenty-two -- Vice Chair Carollo: -- Springs [sic] -- Chair Gort: We'll get the numbers. Mr. Spring: Yeah. Chair Gort: Come back with the number, please. Mr. Spring: Twenty-two thousand. Chair Gort: Twenty-two thousand. Please get the right information. We have two quotes in here, 22,000, 22 percent, so let's make sure we get the right numbers so we can answer Commissioner -- Vice Chairman Carollo. Vice Chair Carollo: The reason why I bring it up is I agree with my colleagues on everything else except we are providing deferred compensation and a pension plan. We're providing both. So that's the only area where I don't know if it's prudent for us to actually provide both, a deferred compensation plan and a pension. Mr. Spring: Not to compare, but you have other executives that have both pension and the deferred comp today. Vice Chair Carollo: How many? Mr. Spring: I'd have to verin, the number, but I know there's a few that have it -- Commissioner Suarez: I think could -- Mr. Chairman. Mr. Spring: -- on the dais even. Commissioner Suarez: Mr. Chairman. Chair Gort: Yes. Commissioner Suarez: I can -- I think can safely say it's more than ten people. Vice Chair Carollo: Is it possible --? Let me ask you something. Is it possible to table this item and just get the answers to a couple of these questions and then bring it back even this morning, but that way, you know -- City ofMiami Page 90 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Mr. Spring: Absolutely, sir. So you want to know the exact number of executives that have deferred comp and the maximum contribution on the deferred comp. Vice Chair Carollo: Right. Mr. Spring: Not a problem. I'll probably have it in the next ten minutes. Vice Chair Carollo: Yeah, if we could table it and we'll bring it back, you know, like I said, even in an hour or so, whatever. Mr. Spring: Okay. Vice Chair Carollo: However it is. Chair Gort: And also the cost of it. Does anyone else have additional question? Commissioner Sarnoff? Commissioner Sarnoff. No, I'm fine. Chair Gort: No. Okay, we'll do that. Mr. Spring: I'll have it for you. Vice Chair Carollo: Thank you. [Later..] Mayor Regalado: We have now the information that you requested on the compensation package. Mr. Spring: Mr. Chair. Chair Gort: Yes, sir. Mr. Spring: Larry Spring, chief financial officer. Based on the previous questions, I've given you two reports. The first one is a listing of all the individuals who are being offered as part of their compensation, deferred compensation paid by the City. Of the list, seven -- there's nine individuals on the list, seven of them are both receiving deferred comp and are members of the pension plan, and you have that list in front of you. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I think there was a motion and it was seconded. I want to say that in light of the new information and all -- you know, looking at fairness, that other executives do have both the deferred compensation and the pension -- and if you really consider it, our City Manager is our top executive -- then in light of this information, then I will go ahead and support this motion. Chair Gort: Okay. Commissioner Suarez: Mr. Chairman, ifI may? City ofMiami Page 91 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Chair Gort: Yes. Commissioner Suarez: I just want to clarify that -- I'm not sure ifI made the mo -- I thinkl seconded the motion. Commissioner Dunn: Right. Chair Gort: Yes, you did. Commissioner Suarez: But I think there was an amendment which was just to make the language in this term sheet identical to the language in the City Attorney's and the City Clerk's term sheet, which says that if -- in the -- some future date, there's some sort of a policy determination that deferred compensation is not going to be offered to our executives, then that applies, and l just want to make sure that that's clear. Commissioner Dunn: Mr. Chairman. Chair Gort: Okay. Commissioner Dunn: I'll be willing to remake that motion -- Chair Gort: Okay, no -- Commissioner Dunn: -- to that effect. Chair Gort: All you have to do -- you accept the friendly amendment. Commissioner Dunn: I do. Chair Gort: You do, okay. Commissioner Dunn: So moved. Chair Gort: Is there any further discussion? Commissioner Sarnoff.. Yes, sir. Chair Gort: Yes. Commissioner Sarnoff.. Mr. Crapp, I -- or Mr. Manager, I apologize. I just want to commend you because you didn't come in with a term sheet or an expectation that was to negotiate. You came down with what I thought was a pretty barebones, very fair compensation package, especially when you consider you're the top administrator in this City. And if this is your new administration leading by example, I just wanted to compliment you. Mr. Crapp: Thank you. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. Chair Gort: Unanimously. Mayor Regalado: Thank you. City ofMiami Page 92 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Chair Gort: Thank you. Priscilla A. Thompson (City Clerk): Just so that we can make sure the record reflects, Chair, on that one, that that was adopted as modified Chair Gort: Correct. Thank you. END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT D1.1 DISCUSSION ITEM 11-00014 DISCUSSION IN REGARDS TO POINT OF SALE SIGNAGE CITYWIDE. 11-00014 Point of Sale Signage.pdf DISCUSSED Chair Gort: I have another item. I've had a lot of people that own businesses, like gas stations, pharmacists [sic], shopping center. With the old ways, you put up the signs. With the little sticks, you put it up and down. And they would like to see if they could use the digital or -- andl don't know what you call those. The -- and this is to be used in a point of sales. In other words, the gas stations, they're constantly changing the prices of the products and so on. And my understanding is, under Miami 21, they cannot be allowed to do that. Barnaby Min (Zoning Administrator): Barnaby Min, with the Office of Zoning. It is my opinion at this time that under Miami 21, those signs would not be allowed. There has been a request to the Planning Department for a determination of use because under a pre -- the previous zoning ordinance, those signs were allowed and the Miami 21 sign regulations were substantially similar to the 11000 regulations, so I've asked Mr. Garcia for a determination of use of whether or not those T,FD (Light Emitting Diodes) signs would be allowed and that is pending. That being said, also so the Commission is aware, we are looking at substantially mod4ing -- Chair Gort: Speak right into the mike. Mr. Min: -- so this Commission is aware both the Planning and Zoning Departments are looking at mod4ing and amending Article XI, doing a substantial revision of the sign regulations 'cause they are completely outdated and there are a lot of regulations that need to be updated, which -- Chair Gort: Okay. Mr. Min: -- does include -- which will include the LED signs, holograms, other signs which we had not even thought about, but there's always new technology coming out every day. So we are looking at making amendments to Miami 21 for the sign regulations with the hope of coming before the Commission sometime in the summer. Chair Gort: Okay. Thank you. Any other items? Do I have a motion to adjourn? Commissioner Suarez: Motion to -- Vice Chair Carollo: So move. Commissioner Suarez: -- adjourn. City ofMiami Page 93 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Commissioner Sarnoff. Second. Chair Gort: Thank you all. Vice Chair Carollo: Meeting adjourned. Chair Gort: Thank you for your support and help. Commissioner Sarnoff. Nice job. D1.2 DISCUSSION ITEM 11-00015 DISCUSSION AS TO PRIVATE/PUBLIC PARTNERSHIPS CITYWIDE FOR PARKS AND OTHER PARTNERSHIPS BENEFITING THE COMMUNITY. 11-00015 Private Public Partnership.pdf DISCUSSED Chair Gort: My blue page, if you remember, we discussed about a month ago, the idea having the private sector sponsor some of the pools in parks. I already had that -- I already had an agency that came up to me and they're willing to work, so I think we need to establish the guidelines and criterias [sic] to get -- my understanding is there's agencies that willing to look for sponsors, those sponsors of pools, of parks, or whatever we decide (UNINTET,TIGIBT,F) do the public private sector. This is more to the -- Commissioner Dunn: You probably need to -- Mr. Chairman, you -- catch your -- you're not -- it's not going to stop until you take a couple of minutes. I just got over a cough. Commissioner Sarnoff. You want me to go to my blue page item? I'll go to my blue page item; we'll come back to you. Give you a minute. Chair Gort: Sure. Commissioner Dunn: Yeah, 'cause he not -- it's not going to stop. [Later...] Chair Gort: Going back to the private sector, can we have a pilot program -- could we have a program or an RFP (Request for Proposals)? I already have an agency that's willing to bring in sponsors to sponsor either pools or parks. No cost to the City ofMiami. They're -- they'll get reimbursed by their clients. I mean, their clients will pay for the services. We don't have to pay for it. So the question is can we come up with the legal way to do this? Julie O. Bru (City Attorney): Yeah. We will work with the Parks director to see how we can allow for sponsorships at our parks. Ernest Burkeen: Ernest Burkeen, director of Parks. We'll make arrangements to visit with you -- Chair Gort: Okay. Mr. Burkeen: -- and explain exactly how we can do it. Chair Gort: So there is a procedure in place? City ofMiami Page 94 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 D2.1 11-00010 Mr. Burkeen: We can do this. Chair Gort: Okay, great. Mr. Burkeen: Okay. END OF DISTRICT 1 DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF DISCUSSION ITEM DISCUSSION OF STATUS AND UPDATE OF THE VAGABOND MOTEL TO EXPLORE OPTIONS AND EXAMINE APPROPRIATE ACTIONS. 11-00010 Vagabond Motel.pdf DISCUSSED Commissioner Sarnoff. All right. I'm looking for the assistance of any administrative personnel with regard to the Vagabond Hotel -- Motel. Andl am looking because the Vagabond Motel is a historic structure and it is falling into disarray. And it presently has a tag on it to go in front of the -- to be destroyed by the County. And what I'm trying to do is find any way to keep that property secured because there is a potential buyer out there. And instead of losing this jewel, you know, this modern Miami jewel, is there any funding source, any solution out there to put a temporary stop -gap measure, even if you have to lien the property, to keep it safe and secured. I know there's a problem with the pool and think there's a problem, somebody said with, I think, some of the flooring. So if we were just able to board up the windows and maybe fill the pool, we might be able to buy ourselves a couple of months. Andl think in those months, you would have the ability to -- I know somebody's interested in buying it. And if you need to lien the property or if we should lien the property for the costs associated therewith, is there any kind of funding for that? Sergio Guadix (Director, Code Enforcement): We have some funding still available for -- that we're using from our lot clearing, that we had a little bit extra. I did some looking around. Between the pool and the securing of the openings, there are 200 openings altogether in there. Not all of them get opened all the time, but I'd hate to like, you know, close a couple of them; then a couple of them keep getting opened. So we really look -- we really need to close every one. And if -- at one time they were talking about boarding it up or closing it up with the blocks, the cement blocks. That is cost -prohibitive. Commissioner Sarnoff. Right. Mr. Guadix: But we're looking at something between the pool and blocking it up, somewhere around 50 to $60, 000 to do the whole thing. Commissioner Sarnoff. But don't we have an ordinance that would prime the mortgage? If we were to do that, put the 50,000 into it -- I know we passed one three years ago, so I'm looking for the City Attorney to help me. But we passed a -- I forgot the name of it when you -- Julie O. Bru (City Attorney): The -- we passed -- Commissioner Sarnoff. -- special assessment. City ofMiami Page 95 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Ms. Bru: -- the vacant and abandoned remediation ordinance. Commissioner Sarnoff. Right. Ms. Bru: It does provide for the cost that the City would incur in safing up the property to be a special assessment, which, according to the law -- we haven't tested it yet -- but in accordance with the law is -- would take priority. It's a -- it is of equal dignity as taxes, so it would take priority over a mortgage. Commissioner Sarnoff. I know that they -- Mr. Marcos [sic], I know that they're presently in litigation. I know they're close to foreclosure. But, you know, being close to foreclosure today is like a pretty woman; she just keeps drifting away. Was that sexist? But I didn't mean to be, but -- But my point being, there's no definitive date. You'll never know the exact definitive date. So what I'm asking is do you have 50,000 to do this? It's such a visual part ofMiami. It's right on Biscayne Boulevard at 80th or around there. And you know, it would certainly help the community. It would certainly -- it's a very visual big step for the City ofMiami to step in, immediately lien the property as the special assessment so that when the foreclosure does happen, you would be -- you'd have to be taking out the same time as the first mortgage. Mr. Guadix: I have to be honest with you, Commissioner. The funds that I have available, they're for the lot clearing. I have some extra. And it would totally deplete that fund. That -- I can't tell you that I don't have the $50, 000 -- Commissioner Sarnoff. But it would -- Mr. Guadix: -- but I still have lots coming up. And have a large number of people complaining about, like in District 5 and in other districts, that they have really bad dilapidated properties that need to get boarded up. Perhaps, maybe we can work together -- there was some money that was talked about for the demolition of properties, and I'm not sure if that money -- some part of that money could be used for something like that. I would like to talk to Community Development about that and see if we can make that happen. Commissioner Sarnoff. I was going to say, I thought that Mr. Mensah told us there was something called .spot blight." George Mensah (Director, Community Development): Not for that particular -- what we trying to do. I think when we met and we discussed this, I went and do my research. And the indication is that because of the area where it is, this particular property, we can't use it for boarding it up. No. Commissioner Sarnoff. Cannot use it for boarding up? Mr. Mensah: No. Mr. Guadix: But then maybe perhaps some other properties, and maybe that's something) need to talk to him about. We could use some of that money in some of the other properties that do qualify, then freeing up -- Chair Gort: Yeah. Get the funds. Mr. Guadix: -- some of the other funds to use it for this. Commissioner Sarnoff. I just -- I -- what I'm trying -- Mr. Guadix: Okay. City ofMiami Page 96 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Commissioner Sarnoff. -- to say is it's such a -- it's -- I don't want to see this building destroyed. I don't think anybody in Miami wants to see this building destroyed. Yet, we know for a number of months, as people do their negotiations, this property is going to remain a problem and an eyesore. Andl don't want to see anybody get hurt. I don't want to see a child go through the pool or get hurt by the pool. Filling in a pool is not a problem. It's not a hard thing to do. Maybe just boarding up the more open and obvious sections so maybe it'll bring the number down to 30 or 25. Mr. Guadix: Can I give you my commitment that within -- Commissioner Sarnoff. Yes. Mr. Guadix: -- by next week, I can have something set up for you -- Commissioner Sarnoff. Yes. Mr. Guadix: -- whether we can or we can't -- Commissioner Sarnoff. Yes. Mr. Guadix: -- and the reasons why? Commissioner Sarnoff. Yes. I mean, we could do what we could do. I get it. I just want to bring this to your attention. I want to bring it to the Administration's attention. This is a big, big -- you know, this is the entrance to Miami from the north side. It's on the boulevard that we like to call, you know, one of our grand boulevards, andl don't --I know we're not going to make it look better, but I would like to give it the opportunity to survive another day, to have an owner that is going to restore the entire property. Mr. Guadix: Yes, sir. We'll work on that. Commissioner Sarnoff. Orlando. Mr. Guadix: And I'll have a report for you in your office by next week Wednesday. Commissioner Sarnoff. Thank you. Mr. Guadix: No later than that. Commissioner Sarnoff. Thank you, Mr. Marcos [sic]. Mr. Guadix: You're welcome. Orlando Toledo: Orlando Toledo, director of Building and Zoning. Just to put it on the record, what I would do with the unsafe structure side is I will go ahead and move it for a couple of months and then -- I mean, I'll delay it for two months, andl could do that. I mean, it's not an issue. Commissioner Sarnoff. Okay. Thank you. Thank you, Mr. Chair. Chair Gort: Thank you. END OF DISTRICT 2 DISTRICT 3 City ofMiami Page 97 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 D4.1 10-01436 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING ATTENDANCE REQUIREMENT FOR CITY BOARD MEMBERS. 10-01436 City Board Members.pdf DISCUSSED Direction by Commissioner Suarez to the City Attorney to prepare an ordinance that addresses the issue of absences when there is a lack of quorum during City ofMiami board meetings. Direction by Commissioner Suarez to the City Attorney to include in the ordinance a requirement that all boards include in their annual report the number of meetings that were held during the previous calendar year, in addition to providing copies of the agendas for each meeting. Direction by Chair Gort to the City Clerk to prepare and distribute to the Commission a report on all active boards. Direction by Commissioner Suarez to the City Clerk for meetings to be held with each Commissioner to discuss which City ofMiami boards are functioning, and whether or not some of the boards can be eliminated. Vice Chair Carollo: Your blue page. Chair Gort: DI1, 2 [sic], the blue page. I've had a lot of individuals come to me or -- you have one, don't you? No. Go ahead. Sorry. Take Commissioner Suarez. Commissioner Suarez: Okay. Thank you, Mr. Chairman. The blue page item that I have has to do with attendance requirements for City board members. We have a situation where if there is no quorum and a board member does not attend the meeting, and that's the reason -- one of the reasons why there's no quorum, then that person's lack of attendance does not count against them for purposes of the attendance requirement. So, in effect, if you don't have people attending the board meetings, you, A, don't have quorum; but B, there's no consequence for them not attending. So, you know, it's been brought to the attention -- to my attention by some board members that are taking their time and energy and effort to go to these board meetings, and then they arrive at the board meetings and then they don't have quorum. And it's the same people constantly missing the board meetings. So I think we may need to amend our ordinance to require or to specify that if someone misses a meeting or does not attend a meeting, even if there's not enough quorum and the meeting doesn't happen, that that should count as an absence, okay. That's one issue that I have. This has kind of led to a -- yeah, I know it's a little confusing, andl think know where you're going with it. Vice Chair Carollo: No, no. I just want you to repeat it again so I make sure exactly -- let me tell you something. I mean, I'm leaning to agree with you in -- Commissioner Suarez: Yeah. City ofMiami Page 98 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Vice Chair Carollo: -- everything you're saying. I just want to know exactly your -- Commissioner Suarez: It's a little bit confusing because if there's no board meeting because there's no quorum, then how can someone be absent? Vice Chair Carollo: Right. Commissioner Suarez: So that's where it becomes, you know, confusing. I think the fact of the matter is if there's people that are repeatedly absent and that's why there's no quorum -- Vice Chair Carollo: I gotcha. Commissioner Suarez: -- so it's like what comes first, the chicken or the egg? I think we need to change our ordinance to say that if there's a meeting and someone doesn't attend, then that person is considered absent regardless of whether there's quorum or not and regardless of whether there's a meeting or not so that those absences are counted towards the actions requirements under the ordinance. That's number one. So I would ask the City Attorney to please look into that and report back to our body with some legislation that addresses that. The second issue that I have has to do with their -- each board has to -- on their annual reports, they have to specify a number of things, but one of the things that they do not have to specin, is how many times they've met. So we have no knowledge or no record -- andl don't think the City Clerk has a record of precisely how many times any board has met, and so it's hard for us to decide -- Priscilla A. Thompson (City Clerk): No. I do. I generated a report. We have -- let me just back up. Whenever a board meets, the board is -- their liaison is responsible to send to our office their meeting -- first of all, they have to notice their meetings. Then when they have the meeting, they have to send us their attendance sheet and their minutes. When those documents come to our office, we do record them and we do have a record of it, okay. Whenever they send us the documentation, we place it -- Commissioner Suarez: Right. Ms. Thompson: -- in our database. So whatever we have in our database is what we've received and we can report. When you look at the numbers, you'll see that -- you may see a higher number of meetings scheduled than actually held because you bring up the same instance of not making quorum, they may have to cancel it, and stuff like that. So, no. Andl did share that information. Commissioner Suarez: Well, I'd like for them to have to report in their annual report the number of meetings that they've actually had. And the reason why is we, as a body, are not able to intelligently analyze whether or not these boards serve a purpose and whether or not they -- you know, whether the community's actually desirous of meeting on these issues. I think one of the things that came about our discussion was the broader question about at some point maybe us entertaining or engaging in a discussion of what boards exist, whether all these boards should exist; how many boards have kind of lost their relevance. I remember once being appointed on the Orange Bowl Restoration Committee, so obviously, that board is no longer needed. Commissioner Sarnoff.. Didn'tI appoint you to that? Commissioner Suarez: Yes, you did. But -- you know, so -- you know, I think we should maybe go through the process of analyzing what board, you know -- and obviously, when you see -- when we -- like today -- in today's Commission meeting, we don't have to go through all the boards and come up with appointments and we defer and we continue. And think, in some City ofMiami Page 99 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 ways, that's an indication from us that maybe these boards are not really needed. And let me add for all the fiscal conservatives that are here, including the Vice Chair, who just stepped away, that there's a heavy cost associated with operating these boards. There's notices that have to go out. And so I think we should really look at this because if we don't have to spend that money on advertising for these boards, on constantly trying to find people who want to participate in them, then we should just eliminate those boards. Chair Gort: I agree with you a hundred percent. I think there's some boards that should not exist anymore. And if we can get a report on how many boards are really active -- there's one in specific Commissioner Sarnoff andl talked about, which is the Nuisance Abatement Board. That's a board that can be used by the police and by the NET (Neighborhood Enhancement Team) office to really close some of these establishments that legally -- so it's important that the Nuisance Abatement Board, we need to revive that and put a lot of teeth into it because there's certain establishments, they have a lot of problems. They have a lot of police calls. And they still can't maintain their license. The Nuisance Abatement Board, is my understanding, is the only one that can take the license away. So that's one that I'd really like to see it with some teeth in it. Commissioner Suarez: So just to summarize so we can -- I can -- we can move on. If the City Attorney can prepare an -- I guess it's an ordinance because I think to change any of our board structures, it would require an ordinance -- that -- it states that if someone does not attend a meeting at its time -scheduled, regardless of whether there's quorum or not, or regardless of whether a meeting occurs or not, that that is considered an absence for purposes of the absence requirement, number one. Number two, that all boards in their annual report have to report the date of all board meetings being held in the previous calendar year and copies of the agenda for each meeting. So those will be two separate items. The thirdl think we should do is -- you know, I don't know how much time it would take for maybe the Clerk to discuss with us individually what boards are functioning, which are not; which are meeting, which are not, so that we can come up with a comprehensive legislation that would, you know, eliminate the boards and save the City money for the boards that are not operating or functioning or helpful. Commissioner Sarnoff.. And Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff.. Maybe also, Commissioner, what we should do -- sometimes Commissioners feel compelled to keep the same people on the boards, even though despite there's five, six absences. Maybe what we could do as fellow Commissioners, remind that Commissioner that maybe we can't accept a repetitive -- you know, sometimes the Commissioner, it's very hard for him to take somebody off a board, so maybe we can help each one of our colleagues and say, you know what? I can't support you on this. Commissioner Suarez: I literally had -- and I'm sorry for interrupting you -- a situation where a board member that I replaced has come to me upset, vehemently upset about the fact that they were replaced, and you know, I -- aside from all the reasons why I put the person on there that I felt was qualified and it was a person of my confidence, et cetera, et cetera, et cetera. I said to the person, but what did you think it was, like a lifetime appointment or something? That you were going to be there forever. I mean, these are some people that have been there for more than five years on a particular board. And so I think we have to send a message also to the board members, you know. As our time is limited and finite and our day will come eventually, whenever that is -- Commissioner Sarnoff.. So too shall theirs. Commissioner Suarez: So too shall theirs. City ofMiami Page 100 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 D5.1 11-00004 Chair Gort: Any further comments? END OF DISTRICT 4 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II DISCUSSION ITEM DISCUSSION REGARDING DISTRICT 5'S COMMUNITY LOSS OF CONFIDENCE IN THE POLICE CHIEF'SAGGRESSIVE POLICING TACTICS AND THE CORRESPONDING SHOOTINGS RESULTING FROM SUCH DECISIONS. 11-00004 Aggressive Police Tactics.pdf 10-00004-Submittal-District 5 Office.pdf 10-00004-Submittal-Chief Exposito.pdf 10-00004-Submittal-Lynn Westall-Email. pdf DISCUSSED Vice Chair Carollo: Mr. Chairman, I have a question. I just want to verf, is there a time certain for discussion item of District 5? Commissioner Dunn: Yes. Vice Chair Carollo: I was told that there will be. I'm not sure. I just want to make sure -- Chair Gort: Commissioner Dunn. Commissioner Dunn: Mr. Chairman, to respond to your question, Mr. Vice Chair, we're looking at approximately 3 p.m. Vice Chair Carollo: Okay. I just wanted clarity. Thank you. Chair Gort: So you're requesting your item 5 at 3 p.m.? Commissioner Dunn: Yes. Chair Gort: Time certain 3 p.m. Commissioner Dunn: Yes, sir. Chair Gort: Okay. Any other? [Later..] Chair Gort: Okay. Out of courtesy, the Commissioner in District 5 requested the hour certain for his presentation. Commissioner Dunn: Thank you, Mr. Chair, and thankyou, colleagues, and thankyou, City of Miami. Before we get started, Mr. Manager, I would like for the chief to be here so at least he can see eye -to -eye contact with me. City ofMiami Page 101 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Tony E. Crapp, Jr. (City Manager): Yes, sir, Commissioner. We'll make sure that he -- he's coming in now. Commissioner Dunn: All right. Before we go any further, let me say that this is not something thatl want to do. This is something that I believe I have to do, given the multiplicity of incidents that have occurred with the chief. I have tried to work with the chief over the past 12 months that I've been here and even prior to that, and I'm convinced that he has -- he does not possess the competence, does not possess the skills, does not possess the professionalism that's necessary to lead the City ofMiami Police Department. Let me say that this is not personal. I happen to somewhat like the chief but this is not about liking. This is about doing a job and trying to represent the City of Miami and doing the best I can to be a spokesperson not just for District 5, but for all of the City ofMiami. There are some things thatl want to talk about. The first thingl want to -- is that, fact, number one, this is not about race on my part. As a matter of fact, let me go on record publicly right now and say I will support a Hispanic as police chief who is sensitive to the African American community and its concerns, who is professional, who is experienced, who is competent, and who has good judgment. Fact, this chief has divided this City nationally with his very public spat with our Mayor. My father once told me, if he would do it to the person -- meaning the Mayor -- who brought him to the dance, then you andl don't stand a chance. Fact, I was locked out of my office on this past Friday, inside of my office, and no one from my staff can explain it. I just thought I'd put that on the record. Fact, I was told by a reputable news reporter this morning that he received a text from my phone. Everyone that knows me knows that I do not text at all, period. I just thought I'd put that on record too. Fact, I do not know about you, gentlemen, but I do not appreciate leadership by intimidation employed by the chief. I know nothing of the conversation with the chief and the Mayor, but I do find it interesting that the infamous letter is over two months old. It was December 27 and 29th letter was written. The vote -- unanimous vote by this Commission was on October 25 by this Commission. I find it interesting that it was just days before the new City Manager, Mr. Tony Crapp, Jr., was to officially begin serving as City Manager on January 1, 2011. I was told by a respected former top cop, if the chief thought that a crime was committed, then he should have reported it then, not wait over two months later to possibly use it as a threat. Fact, I was most embarrassed by the ill prepared, ill-advised public corruption case, after the State Attorney told you that this case was not prosecutional[sic]-worthy and the U.S. DistrictAttorney's Office said, in effect, don't pull us into such nonsense ever again. Fact, I do not support crime or persons carrying guns. However, I do not support a mindset, mentality or, in my belief an estimation, a culture that says we are like predators or who refers to themselves as hunters. Hunters of who? All saw in the video of people being arrested were African Americans -- andl have to raise this rhetorical question: Are African Americans the only race committing crimes in the entire City of Miami? Fact, this is not about politics for me. This is about principle. Many of you will know -- and the chief will tell you -- that I stood shoulder -to -shoulder with you prior to my election, during my election because I felt thatl needed to support you, because I do want crime to stop in our community. But don't believe in giving anyone the right to abuse. Fact, this issue -- andl want you to hear me on this because I don't think many of you understand, but think, ifI say it in this context, you will get an appreciation of what I'm about to say. This issue is sensitive, historically -- I'm going to tell you how sensitive it is -- to African Americans as the same kind of issue that brings pain to Cuban Americans with Castro, same pain. I'm talking about historically. I'm not talking about -- and it's sensitive. It's historical. It can't be brushed aside. You cannot say, well, I don't have it in my district, so we're okay. This is a very sensitive issue to African Americans because, historically, the law was not on the side ofAfrican-American males or African American people. It is as sensitive to the idea of Hitler with Jewish Americans. It is as sensitive to Haiti Americans with Baby Doc. And let me just say this, especially in Overtown. And I've been saying this from day one. This is not an issue that we can just brush aside. Fact, this is crunch time. And you know, during the crunch time -- let's take the Miami Heat, for example. When the game is on the line, even though you have 15 players, everyone cannot get the ball. There's only two people that most of us would like to see with the ball. That's D. Wade or LeBron James. That's not taking anything away from anyone else. This is crunch time for the City ofMiami Page 102 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 City ofMiami. And Mr. Police Chief I think it's time to take the ball away from you because you cannot handle the pressure. Let me also say, as I ask us to view this film, as you view this video, if you honestly can say within your heart that this is a video that all of us can be proud of. The term 'Predator" is being used. The term "hunter" is being used. There's tremendous vulgarity and profanity being used. And it just does not, in my estimation, be something that believe all of us can be proud of. I want us to view the video, then I have a few more statements. Andl will ask the City Attorney in terms of the right way that we can go and proceed with this. Note for the Record: An audiovisual presentation was made. Commissioner Dunn: Colleagues and to all of you who are viewing, I just -- no one can tell me that that is becoming of a professional police chief given the historical sensitivities, given the sensitivities that we now are enduring in Overtown. I'm not telling anybody to be soft on crime. God knows, we want -- the question was raised by a reporter to a very well-known African American lawmaker. He says, what do you guys want? Well, we want what everyone else wants. But we want dignity. We want respect. I don't defend any criminal. I won't defend a criminal. But I will save my last comments, after hearing from the -- my colleagues, after seeking some guidance from our City Attorney. I did do a public records request from the State Attorney's Office, andl think you'll be interested in what my findings are. And maybe if you want that now, I can give that to you now. Okay. There are copies available, so this is per a public records request. After the first shooting ofDeCarlos Moore, the Mayor and myself, not together, but just as a concern -- he being the Mayor of the City ofMiami; me being the City ofMiami's District 5 Commissioner -- knew that this shooting would -- could easily stir up some emotions that, historically, if was not dealt with swiftly, it could create and exacerbate some old wounds. And so this Commissioner moved the very next day to have a meeting in Overtown, right in the heat of it, standing toe -to -toe, shoulder -to -shoulder with the chief. Let me reiterate that. But one of the things that we promised this community, District 5, is that this would be an open and transparent process. We promised them that. Needless to say, that first shooting was July 5. We're now at January 13. Given my public records request, we find victim one, Emmanuel Fluker. Date of incident, 4/15/10. State Attorney's Office respond, "We currently lack the police investigative file from the homicide bureau. Two, victim Ulysses Hathway Bodie. State Attorney say -- state [sic] of incident, 4/18/10 -- "We presently lack police reports, 9-1-1 tapes." This is State Attorney's Office, not me, okay. Now we were told that the State Attorney's had a completed file. That's what I was told the other day by this chief and his administration. Crime scene photos, they don't even have those. Fingerprint comparisons, medical examiner reports. Look at victim number three, the very first, DeCarlos Moore. Date of incident, 7/5. "We presently lack the original OIRs (Office of Independent Review), any additional police reports, 301 reports or supplemental police reports generated by the other homicide detectives on scene, 9-1-1 communications, crime scene or aerial photographs, vehicle storage reports, crime scene reports generated by the other on -scene CSI's (Crime Scene Investigators), property receipts, fingerprint reports, laboratory analysis requests, laboratory analysis reports, firearm NIBIN (Nationallntegrated Ballistics Information Network) reports, a federal alcohol, tobacco and firearms report, medical examiner's reports and photographs. That's one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve missing items since July 5. Come on, gentlemen. Victim number four, Joel Johnson. Okay, that's a complete file. They say we lack nothing. That was 8/11. That was August 11. Victim number five, Gibson Belizaire, 8/14/10. "We presently lack lab blood results." Victim number 6, Tanorris Gave. Date of incident, 8/20/10. "We presently lack the police investigative file from the homicide bureau. Victim number 7, Lynn Weatherspoon. We presently lack -- we have not a complete investigative file. They lack the complete investigative file. They do not have -- wait a minute. Let me see. Let me keep going. -- example list of potential necessary investigative materials related to police shooting investigation. While every police shooting investigation undertaken by the Miami -Dade State Attorney's Office has its own list of specific investigative items that may pertain only to that incident, this list may give a generalized picture of the informational needs necessary to make a proper legal determination. In addition to that, there were changes with the person that was City ofMiami Page 103 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 doing the investigation. Formerly, Chief Brown was doing it. Now I believe Chief Seagul (phonetic) or Siegly (phonetic) right in the middle of these incomplete files. Why change in the middle? That, to me -- to me, that's frightening. It's frightening. Andl hope we would open up our ears and our hearts to the truth. That's frightening because if you have nothing to hide, present it, present the facts. I said, the Mayor said -- I said to this community. I stood in front of my district prior to an election, during the election; I'm standing with the chief. But when I find out later on that I don't get full disclosure, how am I supposed to feel? I'm standing with the chief. I'm supporting the chief. When I find out that information I've got is not quite what it's supposed to be or it's not the reality of what occurred, it causes me to lose confidence in this chiefs ability to be the City ofMiami Police chief. Not saying he's a bad guy, butt can say this. I don't have any confidence in him as the leader. Everybody cannot be the leader. We just have to accept that. Everybody doesn't have the -- doesn't mean he's a bad guy, but everyone does not have leadership ability. The City ofMiami Police Department is a very challenging job. Anybody can't just do it. It has to be somebody that's sensitive to all of the ethnicities in our community. I've even gone to the chief and -- through the Manager, through former Manager Carlos Migoya. I said, chief you know, we got a public rela -- I said we have a public relations issue in the black community with the Police Department. See if you can find someone that's qualified, that the community will trust, and who you feel confident in. Just recently, a -- promotions were made in Overtown, changes were made. Not one change in Overtown. And the chiefs reply was, there are no black qualified officers. That's what he told me. That's what he told me, okay. I wanted you, my colleagues, to see the image that our Police Department wants conveyed to the world. It is an image fed by a new created culture established by the chief of Police. It is an image that glories -- we saw the film -- and embraces aggressive policing as entertainment. To hear the police chief say that he wants his officers to be like predators does not sound like goodjudgment. Now, I understand that this advertising trail is calculated to tease an audience into watching the show, but you cannot dismiss the content. We have a police chief state openly that he wants his police officers to victimize, plunder, or destroy for their own gain. This is truly disturbing. Now, some of you would say, where did you get that from? That is the definition of predator. What else is disturbing about this image is that the only community being exploited, the only one is African Americans. It's a stereotype. Please, let's -- this is not a game. I'm serious about this. It's a stereotype. If we're ever going to be a world -class city, we've got to move beyond stereotypes. I'm happy to say today -- and I've said this before -- that enjoy wonderful relationships with the Cuban American communities; have for years. And it's nothing to do with politics. Over a quarter of a century, I've had great relationships with the Cuban -American community. I'm happy to say that. I want to say thatl want a united Miami, but I will not sit back and allow one segment of this community, especially my district, to not get the same treatment as the other districts. I recognize that we have more than our fair share of criminal problems, but we're not the sole source of crime in Miami. I believe this image, this bravado, and the chiefs leadership is contributing to an extended pattern of police shootings that have occurred in a short period of time. This week -- earlier this week had lunch or I had a cup of coffee with former Police Chief John Timoney. Andl said, chief how is it that the same police department, for the most part, dealing with the same kinds of issues, did not have these kind of issues or questionable shootings that lacks information that's due to the State Attorney's Office? He's told me a few things. He said, first of all, someone said --171 quote. Chief -- former Chief Kenneth Harm said that the reason we have these shootings is because there's confrontation with crime head-on in our community, in the black community, Overtown, Liberty City, Little Haiti. He said, if you can remember, Commissioner, myself former Deputy Chief Frank Fernandez, and Chief Adam Burden constantly rode bicycles in District 5. We were there constantly on a regular basis. He said, as a matter of fact, on New Year's Eve, all the times that was chief we worked -- myself, Frank Fernandez, and Adam Burden workedfrom 8 p.m. til 4 a.m. on New Year's Eve. That's the kind of respect, you see, but 171 go ahead and finish. That's all right. But we workedfrom 8 p.m. til 4 a.m. every New Year's Eve. He said the reason we did that is because we wanted, one, our officers to see that we're not going to do something or ask you to do something that we wouldn't, ourselves, do; two, because we realize that when I'm present, when the chiefs present -- you know, there's an old adage, if the cat's away, the mice City ofMiami Page 104 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 will play. If the chief is present, if he's there, then people will think twice about maybe being careless. Compounding the problem surrounding these shootings is the fact that police officers are officials investigates such incidents in secret, producing reports that become public only after a lengthy process, and still, we find out from the State Attorney's Office, per my public documents request, that it's still incomplete. History and national police studies reveal that such process, while understandable, contributes to a culture of reckless and indiscriminate gunplay by officers. For example, when such investigations are cloaked in secrecy over an extended period of time, it can raise questions -- what's taking so long? -- surrounding the quality of the investigations, which can be often mocked by errors, omissions, and internal inconsistencies. That's why we wanted a swift investigation. That's why we wanted a open -- even if we -- even if the investigation took a lengthy time, it would have helped, chief, if we would have gone back to the community and said this is what we have to report, even if it's -- and that's all we ask. That's all I ask. And see, I can say that, gentlemen, because this is what I asked of the chief. I'm not -- this is not a Johnny Come Lately, get on the bandwagon. I stood with the chief when there was a choral of voices in my community, with an election on the line, saying these shootings -- I said, no, no, no. Let's give the chief an opportunity. Let's do this -- let's give him a chance. No one can dispute that. But after a certain point in time and you start seeing things like what we've witnessed, you're left with -- let me give you probably the one that really stunned me the most. There was an officer by the name of -- is an officer by the name of Ricardo Martinez. Mr. Martinez was involved in a shooting in Overtown, right in the heat, after DeCarlos Moore shooting -- watch this now -- and six days later, six days later he was involved in another shooting in Liberty City. Same police. Should have been given desk duty, at best. I mean, that doesn't mean he's guilty, but hey, man, relax. We've got a sensitive issue. I asked the chief about that. He say, you know, I don't want to disturb the morale of the team. What about the morale of the community? Then a few weeks later, this same police officer is arrested for fencing Bluetooths. Same officer. Same officer. Let me just close in saying, I also met with the chief to share with him my thoughts about policing in my district. Met with him about that, with the -- I met with him about policing in my district. Listen to this one. City ofMiami officers this past year -- the jury -- the verdict is still out. I'm not -- I don't know whether they -- butl know one thing, we don't have a -- we don't -- we won't know because we don't have a complete investigation after six months, going on seven months. We won't know. City ofMiami police officer shot and killed six people, which are two times -- two less shootings than what the police reported in New York City, which has 30 times the police force and 20 times the population. The number of recent shootings in such short period of time, combined with the confidentiality of the investigations over an extended period of time does not create any confidence from the community that the shootings are, in fact, justified. And yet, there's a way to police the community, andl believe that this is not the way. Now I'm keenly aware that how these shootings are perceived is a matter of perspective. Some have the perspective that since these shootings involved felons, they deserve to die. That's how some people see it. Not me. And the image created by this TV (Television) trailer perpetrates that perspective. But the reality is that you can choose that or -- to ignore my perspective or that of my community, but we will all do so at a risk to the civility of this City. And this is not a threat. I'm just saying, gentlemen, we have one of the most cohesive, I believe, Commissions ever in the history of the City ofMiami. We have a Mayor and a police chief publicly -- do you really believe that ChiefExposito can be an effective chief? Do you really believe that, in light of all that we have? Madam Attorney, how can we ask our -- my colleagues maybe to make comments where there's no violation of the law? But I believe this is a time where we need to be counted. I believe we can't duck this. I prefer not to do this. As a matter of fact, prior to this meeting -- Commissioner Sarnoff, prior to this meeting, I tried to work out -- we almost came to an agreement between the chief and I, so that's my heart's desire. I tried but he is convinced that he knows what's best for Overtown and the results keep being the same. You know the definition of insanity. The definition of insanity is keep on doing what you been doing and expect somehow to get different results. I don't have a dog in the fight. I just want this to stop. Madam Attorney. Julie O. Bru: Commissioner, my understanding is is that you have now conducted a public City ofMiami Page 105 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 discussion to express your personal opinion, your personal opinion about the qualifications of the chief and certain events that are of great concern to your district. That's my understanding of what has happened here. And what the law would allow you to do at this time, the Charter is very clear; no Commissioner, nor the Mayor, can order the chief to do anything, or any subordinate of the City Manager. This is not, at this time, a hearing on whether or not charges against the chief or allegations against the chief are going to be uphold [sic] by the Commission because it -- to my understanding, the Manager has not taken any action so -- and the Charter is also very clear that it's only the Manager who can suspend the chief. And the Manager has to suspend the chief and then certify in writing the cause for the suspension. At which time, then this Commission, within five days, has to have a hearing. And that allows the chief the due process rights that he has to be able to present whatever evidence he wants to present to the Commission. And then the Commission will make a decision as to whether or not the Manager's suspension should be upheld, and that would be a final judgment. Commissioner Dunn: Madam Attorney, may I make a symbolic motion? Ms. Bru: I think nothing prohibits you from making a symbolic motion. It's -- this is no different than any citizen expressing their views on the conduct of a particular individual within the City organization. It would be that, purely symbolic. I do want to caution you, though, that if there were to be some action taken on the part of the City Manager, ultimately your role in this process would be that of a quasi judicial decision -maker, which means that you really would have to respond to the Manager's suspension with an open mind and the ability to entertain whatever evidence is presented with a view towards making a decision based on whatever evidence is presented at that time and not making a, you know, predisposition about how you would rule because then the fairness that is imposed upon this process might be tainted. There is nothing to prevent you from expressing your personal opinion and asking your colleagues whether or not they agree with your personal opinions with the caution that I've given you. Commissioner Dunn: So that means -- Chair Gort: Commissioner (UNINTELLIGIBLE) -- Commissioner Dunn: -- that could symbolically take -- ask for a vote of no confidence, in essence? Ms. Bru: It's a vote that doesn't speak to any particular cause that has been raised by the Manager. So as such, it is purely at this point a personal expression on the part of your colleagues that they may or may not want to join you in -- join with you in. Commissioner Dunn: And -- Chair Gort: Commissioner Dunn, before you make your motion -- I understand what you have presented in front of us today. But I think we heard from the Attorney's office, and the final decision is made by the City Manager, and then we will be given an opportunity to present all the discussions, not only what you had presented today, but I imagine there will be some other matters if the Manager makes a decision. My understanding is, he will be bringing some additional information that why he would think that the chief should be suspended. At this time, I understand you want to make the motion, but I'm asking you don't make the motion; let's go through the process. And I'll give the opportunity to the chief to answer, if there is any charges to be answered by the Manager and by the chief at that time. It would be a fair hearing. At this time, it would not be. Miguel Exposito: Mr. Chairman, Miguel Exposito, chief of Police. I'd like an opportunity to respond to some of these accusations that are baseless. Andl think that it's only fair that be allowed to present my side of this and also show you some evidence that the things that the City ofMiami Page 106 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Commissioner is saying, many of them are not true. Chair Gort: Chief I understand your point of view and I respect your point of view, but at the same time, we -- if we do that, then we're going to have to open it to a public hearing, andl would not want to see that here. Chief Exposito: Well, you know, I think that it's unfair that the Commissioner levels all these accusations against me when they're baseless, andl think that deserve an opportunity to explain and also show you some evidence that some of the things he's saying are not true, are simply not true. Unidentified Speaker: He spoke for two hours. Chair Gort: He's not -- excuse me, excuse me. I'm conducting the meeting, all right. It's the wish of this board. Commissioner Sarnoff.. Well, I -- let me say, I think that at least, you should allow the chief to respond. I don't think you need to open it up to a public hearing. Applause. Chair Gort: Excuse me. This will not be a public hearing. We're going to allow the chief to respond to the Commissioner. Chief. Chief Exposito: All right. It's -- I mean, Commissioner Dunn was all over the place, so let me see where we're going to start. Let's start with the police shootings that he claims that the State Attorney's Office has incomplete files. I have an e-mail (electronic), that you're getting copies of right now, from Kathy Fernandez Rundle to Carlos Migoya, who was the City Manager, back on December 7, 2010. Ms. Rundle says in this e-mail that these four cases that you see in front of you, they've received all the records from the Miami Police Department. Now, I don't know where Commissioner Dunn got his information on these incomplete files, but I will tell you that as you can see from the e-mail, she received all the information except for one report, which is the one involving a federal agent, the shooting involving a federal agent. All the other cases, she's received all the reports. So I don't know where he's getting all these incomplete files. But as you can see, that e-mail comes from Ms. Rundle. The other thing is laboratory reports. A lot of those come from the County. We do not have our own lab, so we are at the mercy of the County to get lab reports. But even with that, she still received these lab reports because we're on top of our cases and we want to make sure these cases are handled appropriately. So there again, I don't know where Commissioner Dunn received his information. Now let's go back to this video that he showed, which I think he just violated some type of copyright because this is owned by a company. It's got some copyrights and they just showed this on television, so I don't know. He may have violated something there, but this -- Commissioner Dunn: It was on YouTube. I got it from YouTube. Chief Exposito: -- is -- if you go back on YouTube, you'll find that it's no longer there because the attorney for the company contacted YouTube and was going to file a lawsuit against them, so it's no longer on YouTube. You know why it's no longer on YouTube? Because this video was a video that was shot -- there was a script relating to this video. It was for a reality television show that was being filmed at the Miami Police Department. This video you saw is raw footage of what we did. After I viewed this video, I went back to the company andl said, I don't like the way that this video comes across because -- although it's pretty exciting and all that, I don't like the way that it's coming across. They told me they would edit this video before they presented it to the networks. There was a bidding war between the networks because they wanted this program. In the interim, I found out that the Mayor's son is an executive producer of this City ofMiami Page 107 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 program, and said this project is on hold until get a clear understanding that there is no conflict of interest when the Mayor's son is going to profit from something that's being done by a government agency that works under the City ofMiami. So that video is now on hold. I'm not sure if you got it from YouTube or from the Mayor's son, but that's where we are on that with that video. As far as aggressive tactics, let me just say that we do not support, promote, condone, or tolerate the use of aggressive or heavy-handed tactics by our officers. They train to use a progressive matrix which governs them to produce a response necessary to address the specific threat that is being presented. In addition, one of the qualities that I see with an overwhelming majority of our officers is compassion. The officers of the Miami Police Department care about the people in the community that they serve. This, coupled with a strong training program, as well as comprehensive policies, procedures, guidelines, help us produce quality public servants. However, when their lives are threatened with deadly force or what they believe is a genuine perceived threat of deadly force, they are trained to respond to defend their lives or the lives of the citizens that they serve. We are constantly reviewing and conducting research for best practices in regard to our tactics, policies and procedures, which have remained consistent with national standards and currently mirror those of the past administration. What has changed are the duty hours and the days worked by our tactical units. When Chief Timoney was here, our tactical units worked Monday through Friday, and they worked basically from 9 in the morning till 7 p.m. I have now tactical units working 24 hours a day, 7 days a week because we know that crime does not stop at 7 p.m. As a matter of fact, it picks up after that time. So hence, you're going to have more confrontations. The number offirearms taken off the streets this year were over a thousand. These are firearms that we took from violent felons and, as you know, we've had six confrontations when we've arrested over a thousand felons with -- who are armed, okay. The previous year under Chief Timoney, the Department took in 601 firearms. So that's a 40 percent increase in the number offirearms that we took off the street this year over the prior chief. The number offirearms fatalities of police officers nationwide has increased by 20 percent. The number of fatalities overall of police officers in the United States is up 38 percent, but from firearms, it's up 20 percent. This is a national average, not just in Miami. The number of assaults of our police officers, ofMiami police officers, we had 204 assaults on our police officers this year. That's like one every other day, which equates to one every other day, as I mentioned. The number of citizens' complaints that have come in citywide is down 32 percent since I took over this Police Department. And that's down 42 percent in Overtown. It's down 47 percent in Model Cities. And it's down 42 percent in Little Haiti, which is the community that you serve. As you can see, the amount of complaints against our police officers have been reduced significantly since I took over this Police Department. We are confronting more people with firearms and being assaulted on a more frequent basis. The overwhelming majority of the time my officers do not have to use deadly force during these confrontations. However, on six occasions we did. On at least two of those occasions, Commissioner Dunn has been quoted in the media claiming that the shootings were justified. Although that certainly may turn out to be the case, we at the Police Department do not make those judgments or premature announcements regarding these type of incidents. What we do is gather all evidence, conduct our investigation, and turn that information over to the State Attorney's Office. It is that office that makes the final determination in regard to the force being used on whether it's justified or not. Until that determination is made, I am prohibited by law from discussing the case or making such statements. Unfortunately, final dispositions of these cases may take some time as we are still awaiting final dispositions of the officer -involved shootings from 2009 under the last administration. There were four occasions in 2009 where officers used deadly force on the street when there was a threat, and this was under Chief Timoney's time that he was here. One involved a subject with a knife. One involved a subject with a machete. Another subject with a box cutter, and the last one was an unarmed subject. Those were four shootings that occurred under Chief Timoney's last year with the Police Department. These cases involving deadly force occurred under Chief Timoney's watch over a year ago. As of yet, the State Attorney's Office has not closed them out. Additionally, there is also a fatal police -involved shooting from 2008 that has yet to be closed out by the State Attorney's Office. As you can see, the community is not the only one waiting for answers, but the Police Department as well. In addition to our officers City ofMiami Page 108 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 confronting more and more people with guns, our citizens, particularly in Overtown, Model City, and Little Haiti, are being victimized by more people with firearms as well. Although we were fortunate and did not experience multiple victim shootings as in 2009 when Chief Timoney was here, where we had one scenario where nine people were shot, some of them died, and another one where 12 people were shot in one incident and several people died. We have experienced a seven -year -old that was shot and killed in Little Haiti. We have a two -year -old and his mother gunned down as they slept in their home in Model City. And we have a young man, 17 years of age, that was gunned down as he walked in the courtyard of his Overtown apartment complex. These are just a few of the murders that took place during 2010. These three areas which comprise less than 30 percent of the City contain 63 percent of the murders. New Year's Eve has proven to be a night when gunfire seems to be the norm. It was New Year's 1996 when Officer Ricky Taylor was shot in the back of the head by a sniper from a third floor window while he sat in his patrol car at Northwest 13th Avenue, 61 st Street. Officer Taylor was lucky to survive, but was forced to retire. As a result of this type of situation, the Miami Police Department started to warn citizens of the dangers of the New Year's Eve fire gun -- I'm sorry, gunfire and to stay indoors, especially during the midnight hour, if possible. In addition, officers took added measure to protect themselves against the prolific New Year's Eve gunfire. A SWAT (Special Weapons and Tactics) team is assigned to provide a response to some of the more potentially hazardous calls involving shots fired during the hours of 10 p.m. and 4 a.m. As records show, this practice has been applied each New Year's Eve since 2003. Let me repeat that. We've been doing that since 2003. Historically, the calls for service increased dramatically during these hours on this night, as do shooting calls. Many of these calls involve automatic gunfire during the hour -- during this six -hour span. On the past New Year's Eve, 55 calls were received in regard to shots fired, compared to 43 New Year's Eve the year prior. In addition, 17 of those calls were generated from Overtown, which totaled 31 percent of those calls, even though, geographically speaking, Overtown is the smallest net area in the City ofMiami. The Mayor's remarks stating that we will meet violence with violence not only raises community tensions, but it makes our job a more difficult one to perform. However, I can well understand that his emotions may at times dictate his actions. Let me close by saying that the officers of the Miami Police Department are trained professionals, they care about the people that they serve, are not trained to use heavy-handed tactics, and finally, what separates them from much of the general population is that they rely on their training and not their emotions to guide their actions. Now, Commissioner Dunn, I heard you yesterday on WQBA 1140 saying that -- you were saying that the officers are using their firearms not because they have to, but because they can. Let me point something out to you. In 2008, while Chief Timoney was here, we had officers use their firearms. Thirteen times they discharged their firearm. Two thousand nine, while Chief Timoney was still here, they discharged their firearms 15 times. Last year, after I took over the Miami Police Department, that dropped to 10 times. I'm about facts as well. It's important that people understand what my background is and my trajectory with the Miami Police Department. Ten years ago I was demoted from the rank of major because I supervised the only case in the history of the Miami Police Department when we arrested our own officers for planting guns. This was an investigation that I headed that I told the investigators to hand -carry a weapon all the way to the FBI (Federal Bureau of Investigations) lab in Washington, DC because I wanted to make sure we didn't lose any of that evidence, and we were able to get our officer's print on that gun, and therefore, we were able to arrest some of our officers who were planting guns on the scenes where they were shooting some people out in the street. So you got to know a little bit about me before you can start talking about how violent I am and -- Chair Gort: Excuse me, chief. Address to the issues because I don't want a confrontation -- Chief Exposito: Okay. Chair Gort: -- back and forth. We had enough of that. Chief Exposito: All right. City ofMiami Page 109 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Commissioner Dunn: No, it's not going to be a confrontation with me. Chief Exposito: I'd like to take -- since Commissioner Dunn played this video, I'd like to play a video. It's about eight to ten minutes, if you don't mind. I think it shows clearly what the Miami Police Department is all about. Commissioner Dunn: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Dunn: First -- if I may, this is -- Note for the Record: An audiovisual presentation began. Commissioner Suarez: What's that? Chair Gort: Wait. Hold it. Yes. Commissioner Dunn: I called for this meeting. The chief never addressed it. Andl called because I wanted to express the concerns of the District 5 community. The chief made several comparisons and analysis -- comparative analysis to the former chief. But for 22 months -- make that comparison, chief -- there were no shootings that led to the deaths in the City ofMiami for 22 months. I also would like to ask this question, Mr. Chairman and Madam Attorney. Would the comments made by the chief be considered a sworn statement under oath? Ms. Bru: The chief was not under oath. Commissioner Dunn: Okay. Let me say that something was said about me saying that the shootings were justified. I -- every shooting thatl came to or was there, it was someone from your department spoke to me first. My comments were they looked like they were justified There's a difference between saying they're justified and it looks like it's justified. Wait a minute; I'm not finished, chief. You told me, when Ricardo Martinez -- right after the Overtown shooting -- that he was cleared by the Internal Affairs, and you had the option to -- Chief Exposito: That is not what I said, Commissioner. Commissioner Dunn: Oh, my God. Chief Exposito: What I said is he was cleared by the psychiatrist to return back to work because he didn't feel that there was any need for him to remain out of work. Commissioner Dunn: Okay. Chief Exposito: There is no way that we can clear Ricardo of anything because the State Attorney's Office hasn't made a decision on whether the shooting's justified. Commissioner Dunn: So why would he be allowed to go back to -- given the sensitivity --? See, this is my issue with you, chief bad judgment. That's all. You can't make good sound decisions. And so I'm really prepared to -- I mean, we can hear him out if he wants to say -- but I'm not convinced or impressed by what he said. The fact still remains that we had a public corruptions fiasco. The fact still remains that a police officer was allowed to be involved in two shootings in less than six days apart. The fact still remains that there was a video, and the chief says I didn't know, I didn't sign off on it. That just goes to show he doesn't have control of his department. The fact still remains -- because if someone -- I will not stand in front of a camera before -- and City ofMiami Page 110 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 the only reason this has become an issue now is because we saw it, countless people saw it on YouTube. No one would have said a word if we had not raised the issue. When I say we, meaning the people in District 5. They saw it and they were up in arms. You should have repudiated the very moment that it was on YouTube. That did not -- that was not forthcoming. So I'll hear whatever else he has to say, but I'm prepared to make a symbolic motion of my vote of no confidence in this chief as the City ofMiami police chief. Chief Exposito: Mr. Chairman, if we could play the video? Chair Gort: Hold it, hold it, hold it. Go ahead and play it. Commissioner Dunn: Whatever way you want to proceed. Chair Gort: Play your video. Commissioner Dunn: I'm prepared to make a motion. Chief Exposito: Go ahead and play the video, please. Note for the Record: An audiovisual presentation was made. Chair Gort: Hey, Chief I think we can cut this. We got more -- Chief Exposito: Yeah. No. Chair Gort: You got more -- Chief Exposito: That is it. Chair Gort: -- than equal time. Chief Exposito: That's all the videos. Chair Gort: I think you got a lot more time and video than they did, okay. Chief Exposito: But I just wanted to remind everyone the comments that were made here -- I think that it's inflammatory when we have Commissioners and the Mayor -- Chair Gort: Well -- Chief Exposito: -- saying that we should go out there and treat violence with more violence. I mean, you're talking about a police -- Chair Gort: Commissioner -- Chief Exposito: -- chief making inflammatory remarks. Chair Gort: -- my understanding is, what we're talking about, the police is doing their job, they're doing the work, but at the same time, there are certain things that are being questioned -- Chief Exposito: I agree. Chair Gort: -- and that -- I think there's a procedure for that. And that's what I tried to do from the beginning when we talked about it and I talked to you about it. This isn't the type of thing that I want to have in front of us at this time. I think the -- there's a procedure that needs to be City ofMiami Page 111 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 followed and we should have followed that procedure. I don't want the people to be in arm. I think we had enough problems in the past, and this community is finally come together, but we have to keep it together. I mean, we have the procedures that we have to follow. I mean, let's face it, the City Manager is the one that's got to make the decision. The City Manager's the one -- if he does have certain ideas of why he would want to take a position on this, he will come to us. He will take the chief. The chief will have the opportunity to come in front of us and present his case and everyone will get an opportunity to speak. Yes, sir. Commissioner Dunn: Mr. Chairman, I do want to state again for the record that many of the statements that made was based on what the chief ofMiami Police told me. He was there, if you noticed, at the shootings. That is where my confidence level has been lost. I no longer have confidence in him because he'll put a spin on it, as he's done today, and do want to say -- Chair Gort: Excuse me. Commissioner Dunn: -- this is not against some of the very fine men and women of the City of Miami Police Department. My issue is not with the City ofMiami Police Department. It is with the top person in the City ofMiami Police Department. Andl don't think that we can ignore the fact that we've had just a total debacle of confidence. We are the laughing stock of America. Now you can believe that for what it's worth. We are almost -- if we're not careful, we can allow something like that to divide us. I believe today, early on, Commissioner Sarnoff talked about leadership. And he said leadership -- there's two types of leadership. He says leadership -- anybody can get somebody to do what they want them to do, but leadership is trying to be able to get people to go see -- or go where they don't go. And then he used the example that leadership is doing the right thing. Andl just believe we in a city that's divided. A house that's divided against itself cannot stand. We are divided, gentlemen. Andl believe that whatever -- you know, the chief might want his whistle -blowing money; pay him his money and let's get him out the way and move on because we need to move forward. We need to move forward as a city. And he will cause -- his leadership will cause us much more money and much more pain if we continue to allow him to serve. So with that being said, I'm going to make a motion, a symbolic motion, that we show a vote of no confidence, or if we have no confidence in the chiefs ability to continue to serve as the City ofMiami Police chief. That's a symbolic motion. Chair Gort: Okay, there's a motion. Is there a second? Is there a second? Sorry. Motion died. Commissioner Dunn: Wait a minute, wait a minute, wait a minute. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: I actually agree with you. I don't think this is the right venue. However, at the same time, due to the respect that I have for my colleague -- Commissioner Dunn: Thank you. Vice Chair Carollo: -- and when you first spoke, you said as far as having many Hispanic friends and so forth. Well, you didn't have to convince me because for a long time we've been friends andl think we have respected each others' communities. Therefore, I will second the motion for discussion. And after discussion, then we'll see if we actually take a vote or move forward or defer or so forth. So I will second the motion for discussion. Chair Gort: There's a motion and a second. Discussion. Vice Chair Carollo: Thank you, Mr. Chairman. As you all know, I was the only vote against the City ofMiami Page 112 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 coin -operated machines. And from the start, I wondered why in the world was there such a push for this controversial issue that was going to end up in chaos. And as we see it, we're in chaos, even using the argument that the City is going to obtain additional revenues. Using a business term, after all this commotion, bad publicity, it's just not cost-effective. It has caused the fight between the Mayor and the police chief and it has escalated to a degree that has caused Miami another black eye. I hope this is not a domino effect or a cancer that spreads to this Commission and divides this Commission. Furthermore, I hope that it's not a cancer that spreads and divides our communities. I can tell you, my district is not happy. And even though they've been quiet, it already has been many, many times that I have been questioned. Commissioner, why do you have the SWAT team patrolling that area? In other words, enhanced police presence and patrolling, and you don't have that in Little Havana or we are not privileged to that type of patrolling. Listen, I truly understand the importance of working together. And before we make any decisions on confidence, non -confidence, this police chief that police chief he said, she said, I want to express what have concerns about. May 27, 2010, about two dozen community leaders had gathered to discuss antiviolence measures when suddenly the Miami police major for the City's north side district bolted from the meeting. Moments later the group found out why. Two innocent young boys had been injured in a drive -by shooting, probably involving high-powered assault weapons, as they played basketball near their homes in Liberty City. The boys were shot as their mothers looked on. One boy was 4 years old; the other was 9 years old. July 10, 2010, the deadly mass shooting at a party in overtime -- I'm sorry, in Overtown has claimed a second life, a 17-year-old high school football player. He died at Jackson Memorial Hospital after four days of operations for a gunshot wound in the chest. At least one assault re was used in the shooting, an AK-47, as well as five pistols, according to the police. Shots were fired into the crowd of hundreds from two separate directions. Another wounded man is still in critical condition. One woman was struck by a car in the mad scramble to flee the scene. July 30, 2010, a 17-year-old that was walking home after getting her hair done was shot and killed by a drive -by shooting. More than 40 shell casings litter the street at Northwest 2ndAvenue and 64th Street, where a shooter with a high-powered re sprayed Little Haiti neighborhood. August 5, 2010, a 17-year-old boy was shot in the head and his 22-month-old niece shot in the left foot in Liberty City. Both were taken to Jackson Memorial Hospital, where the teen was in critical condition and his toddler niece is expected to recover. This one, in particular, I remember, Commissioner. We were both in front of my office when we both got the news. December 16, 2010, shooters, who sprayed dozens of bullets with a high-powered re in a Miami home in the Victory Homes housing projects, killed a 24year-old State correctional officer and her 2-year-old son while they slept in their home. The shooting stretched through much of the Victory Homes project with at least two gunmen firing at three different locations. The gunfire started around Jumbo's restaurant, 7501 Northwest 7th Avenue, moving to 74th and then 73rd Streets before ending at one-story home at the 6th Avenue of Northwest 73rd Street. These are the people that we need to protect, that are begging us to protect them. The violence got so bad that on August 5, 2010, approximately 100 residents from Liberty Square Community Center got together for a town hall meeting. The Mayor was there. Commissioner Dunn was there. And it was well -attended. And it was to come up with ideas to make our areas safe. As we know, the Mayor even stated that we will fight violence with violence. However, when we confront people brandishing guns and they fail to put the guns down, unfortunately incidents occur where there's a police shooting. I want to strongly encourage everyone and to avoid future police shootings -- Mr. Mayor, Commissioner Dunn, members of this Commission, everyone here in the community -- to please join me in a campaign to advocate two simple things. One, that people that walk our streets do not do so waving handguns. And two, if a law enforcement officer tells you to put the gun down, then you put the gun down. I can assure you that don't know of any law enforcement officer that puts on a uniform and before he goes to work he says, let me see who I'm going to shoot tonight or let me see who I'm going to kill tonight. However, I do know of many wives, kids, mothers, fathers that before their loved one puts on that uniform and leaves home, they tell them, please be careful. I can close my eyes and visualize and hear my mother telling me, Frankie, ten cuidado -- Frankie, be careful -- when I was a law enforcement officer, when I was patrolling the streets, when I was in the SWAT team, and when I City ofMiami Page 113 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 was a detective. Therefore, I think we need to focus our energy differently and focus on the innocent community that actually needs from us public safety, and we should give our police force the backing and the resources. So instead of this he said, she said, we can actually protect our citizens. Earlier today, when I requested an update from Mr. Kirk Menendez, I saw the Mayor jump up and speak for him, which cause me to say, Mr. Mayor, don't take his job away. Our code stipulates the following. The City Manager shall have the exclusive right to suspend the police chief and the fire chief for incompetence, neglect of duty, immorality, drunkenness, failure to obey orders given by a proper authority, or for any other just and reasonable cause. If either of such chiefs be so suspended, the City Manager shall forthwith certify the fact together with the cause of suspension to the Commission who, within five days from the date of receipt of such notice, shall proceed to hear such charges and render a judgment thereon, which judgment shall be final. Why are we trying to do or take the Manager's job away? I think it goes without said [sic] that I was the most critical of this Manager. However, he has repeatedly said that he's analyzing the facts; and once he does that, he will come up with a decision. Therefore, if he does not have all the facts, how can I have all the facts? It seems to me that we may be pressuring the Manager to come up with a decision. And in all fairness, if he constantly says that he's analyzing the evidence, he's looking at everything, why should we pressure him? The code stipulates as far as cause. I don't know if we have cause or not. I think once the facts are all out, then I would definitely ask our City Attorney if there is cause. I can clearly say that I had no say whatsoever at the time that they appointed this police chief. By Charter, maybe it's correct. However, also as a former member of the SWAT team for quite some time, I thinkl view teamwork a little differently. Andl think out of courtesy, we all should have discussed or at least given a heads -up, gotten each others' impressions. I was told this will be the police chief. And by the way, you better hurry 'cause you're going to miss his swearing in and his press conference and so forth. Therefore, I think it's unfair that now I am somewhat put in a position to do someone else's job. You know, I actually laughed when I recently read about the Mayor and the police chief dancing the waltz at that time because, in all fairness, I clearly remember that time, andl was like, whoa. I'm being rushed now to go to the ceremony. And yes, I was late. And it was a swearing in the type a mayor or commissioner gets andl was actually very surprised. Another thing that I'm concerned about, his replacement. I'm not even sure who his replacement might be. I have read on a couple of occasions, Commissioner Dunn, stipulating that we need someone with maturity and experience. I know the chief is no spring chicken, but at the same time, he seems to be matured and experienced. He has 35, 36years in the Department, so he meets that requirement too. However, I'll be the first one to tell you that just because you are experienced and you have maturity doesn't make you out to be a good police chief. Matureness [sic] is also working with people that you may not agree with, you may not even like. I have had to do it andl continue to do it. Anyways, simply put, if we do not have all the facts before us, why put ourselves in a position where we're pressuring our Manager and why put us in a position where we cannot make an educated vote? And in the meantime, again, I ask the Mayor, my colleagues, this community to help me to prevent further police shooting and unite with me and advocate, number one, that you do not walk the streets ofMiami waving a gun, and number two, if a police officer tells you to put the gun down, then put the gun down. Thank you. Chair Gort: Thank you, Commissioner Carollo. Anyone else? Commissioner Dunn: Just wanted a point of clarification. Thank you, Mr. Vice Chairman. Not all shootings involved a gun. Just wanted to put that on the record. Chair Gort: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. And I really want to thank the Vice Chairman for his words because clearly, he has thought this through very, very carefully as is his custom. He took his time to really focus on what are some of the issues that were disturbing me about the prospect because there were rumors prior to today about the prospect of a no confidence vote. I agree with the Vice Chairman that the Charter has a very, very specific procedure that has to be City ofMiami Page 114 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 followed when the Manager, who is the supervisor of the police chief has cause to suspend the police chief. We then, after that, act as a -- essentially as a jury and hear the charges and have an opportunity to discuss those charges and take testimony. Andl agree with the Vice Chairman that our role -- that is our role. I mean, that is what our Charter states. We may not like it. We may not like our Charter. I think that provision, if I'm not mistaken -- and the City Attorney can correct me if I'm wrong -- has existed since the1930's. It's an 80 year -old provision. Clearly, clearly -- andl think the Herald did a very good job of chronicling this this week -- it has not led to a history where the mayors and the police chiefs have been able to function in a way that is always in the best interest of the City residents and is always in a way that is focused on that. And one of the things that I think we should consider as a result of this process and as a result of the history that the City has that is not a positive history in terms of these kinds of disputes that unfortunately have continued to come up is addressing that Charter provision and addressing that Charter process. Because I think a Charter process, such as the one that we have, creates doubts at times and can create doubts as to who's in charge and what is the chain of command. As the Vice Chairman said, we are not necessarily consulted and there is no requirement that we be consulted on who the chief ofPolice is. We cannot direct the chief ofPolice to do anything; or if we don't like his policies, we cannot tell him we don't like the way you're policing our neighborhoods. We don't have that right under the Charter. Yet, for whatever reason, we sit here at the end of this process as an arbitrator of whatever disputes there are or there can be and of whatever enumerated causes that a Manager may suggest -- and by the way, some of those causes are quite ridiculous. One of them is immorality. I don't know how -- you know, I don't know -- The other one is all reasonable causes. So it's a very -- from a lawyer's prospective, it's an invitation to interpretation. You know, the Mayor similarly does not have the right under the Charter to name the police chief to direct the police chief. The City Manager doesn't have the right to fire the police chief without -- he can only suspend the police chief it has to be for cause. The cause has to be either enumerated or one of those reasonable causes which can be a term that can be litigated. So I think one of the things I want to call our colleagues to think about -- and it's not something that we have to do necessarily tomorrow -- but I think -- one of the things that I'm proudest of is the way this government has functioned in the last year. We have functioned -- and as the Vice Chairman correctly pointed out, we have all had to swallow our egos at times, and we have all had to deal with circumstances that maybe we didn't like and were not too happy with in certain decisions. But we have functioned in a fluid manner. We have functioned in a cohesive manner. Andl think our reputation in the community, as opposed to other governments, was extremely good. Andl think unfortunately -- and I'm not placing blame on any of the actors here, on anyone involved -- this incident highlights, you know, a system that is somewhat broken, and our history indicates that as well. I'm -- you know, andl feel that am equally your friend and I feel that I am equally supportive of you. And the reason why I didn't second the motion was simply because I felt that there is a process in place that -- andl agree with the Vice Chairman. The City Manager has indicated to me that he is doing an analysis of all the department heads, not just the chief. And once he's finished and completed with that analysis, he's going to present whatever findings there are and make whatever decisions he has to make constitutionally. So it's not thatl don't -- that I'm not sympathetic to your comments. It's not that don't agree with your -- some of your comments or it's not that I'm going to judge one way or the other. It's simply that, you know, like it or not, this is the procedure that we have. It's not a procedure that we always have to have or we need to have in the future, but it's certainly, unfortunately, the one that we are stuck with in this particular predicament. IfI can have a little bit more privilege, Mr. Chairman, I'd just like to talk about some other things that I'm -- Chair Gort: Go right ahead. Commissioner Suarez: -- concerned about. Thank you. You know, the confidence issue is a -- it's a very important issue. In my district, I feel very confident in the police officers and the team that have. I communicate with them constantly. The community communicates with them constantly. They're sharing information with me. And they take a lot of advice from the community on how to properly police the community. Andl don't know if there's a breakdown in City ofMiami Page 115 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 District 5. What is the breakdown? Why is it happening? You know, I think that's something that the Manager maybe -- and I'm not directing the Manager on anything in terms of what his analysis should be. But you know, I think -- is there a breakdown between the community and the chief or the police? Maybe not the chief specifically, but the police. And if so, why? Why is that the case and how can that be addressed? I think that's one of your main concerns. Because I know I have confidence in the police officers that) work with; and ifI didn't have that confidence in those police officers, I would feel, you know, like I couldn't do my job as a Commissioner, to be completely honest with you. So, you know, I think the last thing) want to touch upon is, you know, this entire ordeal, as the Vice Chairman mentioned, has been extremely, extremely embarrassing for the City. You know, I get a lot of calls from members of different communities wondering what is going on. You know, why are we having a public dispute between high-level and high-ranking officials. And it is -- you know, I don't really have an answer for it, you know. And it certainly hasn't been the tone and the tenure [sic] of this Commission. So it's something that I feel -- and) hope I can say this -- that it has to stop. I mean, I hope I can say it legally speaking, that) don't have any prohibition from saying that the -- that this conflict and this conflictive relationship and this conflictive situation that we 're in has to stop immediately because at the end of the day, no matter who you like, no matter who you -- whose side you're on, if there is such a thing, what's getting lost here is that we all have a job to do for our residents and that is what we should all be keeping our eye on, not who said what, not who did what, you know. I'm sorry for both sides. But not who produces what video. You know, we shouldn't be worried about those kinds of things. We should be worried about, as the Vice Chairman said, keeping our streets safe; addressing our residents' concerns. Thank you. Chair Gort: Okay. Anyone else? Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: I think we're starting to see where this -- where the consensus of this Commission is. And although I will not withdraw my second out of courtesy to my colleague, I will ask him if maybe we could-- if you will withdraw and follow the process or --? Chair Gort: Commissioner Carollo, let's all of us -- because I also want to speak before we request that. I understand, Commissioner Sarnoff, you have a statement. Chair Sarnofff. You know, the drafters of the United States Constitution were geniuses. Think about it. They created something called the Separation of Powers. Andl know one of the powers that I've already separated myself from, with all due respect, is the police force. They have a job to do that no elected official has any way, shape, or form should interfere with. And I've actually told the chief of Police if you're going to run any kind of program or issue or some sort of tactical situation in my district, please let me know two days after it happens. I just don't think it's my place to know. And when somebody says they know me, trust me, I don't care. It's just something) should not involve myself with. That's how I've always viewed it. We're a country of laws, not a country of men. You don't judge a Suarez any differently than you judge a Sarnoff. You don't judge a Dunn any differently than you do a Sanchez. And justice wears a blindfold for a reason. She does so so she doesn't see the color of the skin or the content of any characteristic you have. But we do judge men on the content of their character, and) agree with that. And I think Commissioner Dunn is a good man and I think he's a good district Commissioner. And the one thing I've learned sitting here in this Commission -- and I've learned more sitting on this Commission than I have as a lawyer in my 20 years of doing it -- is we all bring something to the table. Each one of us brings an issue to the table that the other simply cannot. There's only two of us here that have probably carried a gun; myself for a very short time in comparison to the Vice Chair. I had to pull my gun only once. Andl have no idea how a police officer goes out there day in and day out and does it because they are the thin blue line City ofMiami Page 116 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 that defend all of us. They are the thin blue line that afford us all the opportunity to earn the livings and the livelihoods and the quality of life that we like to call Miami. There is a process here because the drafters created a process, and that process is when the person we vested with our trust, the City Manager, makes a decision, we'll review what his written word is as to his reasons for those decisions. Then the chief will come back to us, if he chooses to -- it's his option -- within five days, and he will tell us why that City Manager's decision is incorrect. We will then sit in appellate review, and he will be allowed to put on his case in chief. Andl suspect there might even be some cross-examination. It isn't provident for any of us to express an opinion today on how we feel when we're going to be sitting in a quasi judicial manner and expressing a pre judged opinion. And if any of you are curious why I say I support this chief because I do. I support the City Manager. I support the new Chair. I support the Mayor. It is our place, gentlemen, to support those that we call the City ofMiami. And when the facts justify that we don't support them, then we sit in our respective positions and we do what the Charter/Constitution asks us to do and we don't prejudge anything. And I'm especially proud to have listened to Commissioner Carollo and Commissioner Suarez 'cause I think they hit it right on the head, and I'm going to be so brief as to say I echo both their comments. Chair Gort: Thank you. One of the reasons I didn't want to have this hearing in only one issue because I believe it's a very ethic -- very divided issue. Andl believe this Commission has worked very closely as a team. I think this community has been working as a team. I personally believe that the ordinance that we passed on the machines -- and you can see where no permits had been pulled. It was more strict than what we had before. Matter of fact, when we were putting the proposal together, I asked the chief in here if he was agree with it, and he didn't have any problem at that time. I think it's something -- a breakdown between -- the communication between the Administration and the chief of Police has taken place. This is nothing against the City ofMiami Police force. I'm telling you, we have the greatest police force there is. I believe they're responsive. Andl get -- I do get involved because I get complaints from my district. People calling with crime. I call my NET (Neighborhood Enhancement Team) officers and they respond and they take care of it. And the reason I didn't want to bring this because I didn't want it to look like an ethic [sic] issue, African American against Hispanic and so on, because this might not be the only issue that the Manager might have. Maybe the Manager's been doing some research and he's got other issues that he might want to bring up. I didn't want this no confidence to be based on just one issue, and that's one of the reasons why I asked you not to present this at this time. And I'll let Commissioner Carollo (UNINTELLIGIBLE). Like we said, we have a procedure. We should follow that procedure and allow the -- I mean, Mr. Manager, I have to tell you, you andl are beginning with a real good Commission meeting. I mean, we are being breaking in into a very good meeting. So you have not had time to look into a lot of the issues of the directors and the department. At the same time, it's important to understand the Manager is assigned by us to hire and fire individuals and to work -- and I've asked the Manager to have a meeting with all the directors and make sure that all the directors are complying with the work, with the job description, and some of them to come down into the street and watch what's going on (UNINTELLIGIBLE) their services to make sure that it's being provided, not only the chief and the Fire, but everyone. I think we all have responsibility to the community. With that said -- Commissioner Dunn: Mr. Chairman. Chair Gort: -- Commissioner Carollo. Yes. Commissioner Dunn: Let me reiterate what I've said early on, that this was not just about police shootings. There was a litany of examples from the public corruption cases, which, during that time, there was a good relationship between the Mayor and the police chief I believe. I don't know. When the State Attorney told this police chief these cases were not prosecutional [sic] -worthy, he insisted and embarrassed us, the entire City. That's -- that was one example. Then there was the case -- cases of a police officer -- see, if you don't have these issues in your City ofMiami Page 117 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 district, then of course it's not going to affect you. I'm asking you to be sensitive to that. This is a Commissioner, as you saw -- and I've said it andl'll say it again -- who stood with this police chief. But when you find out that information is not totally forthcoming, when you find out that information is inaccurate, then you are made to believe something. It will cause your confidence level in a person to diminish. I was the first one out there. I was there every time I got a call, until the police chief told the police staff to stop calling us come -- to come to the scene. I was there at all of the shootings, just about, because I wanted this to cease. I support police officers. I love police officers. I have family members in my family who are police officers, parishioners who are police officers. When something happens to me, that's the first -- they're the first ones who I'm going to call. So I don't want this to be characterized as that I'm antipolice officer. I don't want this to be characterize that support a person carrying a gun or waving a gun. But submit to you today -- we don't know because we can't get any answers yet. We're waiting. We've been waiting. We've been waiting -- that all of the shootings did not involve a gun, that all of -- did not, not all of them. All of the shootings did not involve what appeared to be imminent danger. Some of the ballistic evidence, we will find, probably allegedly will show that individuals were shot in the back. So those are my concerns. I don't know -- again, I'm not -- I'm going to respect the wishes of this Commission, but those are my concerns. Those are my concerns, those and among others, among the fact that we are an embarrassment nationally. It's not about crime. I don't like crime. None of us in here like crime. I want crime to stop. But I do believe that this chief -- andl'll say it -- does not have the ability to lead the City ofMiami Police Department. I will withdraw my symbolic motion, out of respect. I want to thank you, Vice Chairman, for at least seconding the motion for discussion, but that doesn't change how I feel. I'll stand. IfI don't get the votes, it's okay; I stood. The record will reflect that shared this information and l feel good about that. I didn't come in here today -- as a matter of fact, I felt that there probably wasn't going to be an opportunity because of the legality of the situation, but that wasn't -- that is not what based it on. I didn't base it on politics. I based it on principle. And you know, the video. Yeah, why the video, Vice Chairman? Historically, I'm just asking you, when you get a chance, to think, just historically, about the emotions that are stirred up in Cuban Americans when you mention Castro, good, bad, or indifference. Just think about it. And sometimes you have these kind of feelings as it relates to questionable policing in our community. The community is saying we want what you want in your community. We don't want crime to continue. But we also don't want questionable shootings. So you got to balance the two. So, quite frankly, I'm glad that brought this up today. I don't regret it one iota and -- because I wanted to public state for the record because some of the suggestions through the Manager, the current Manager -- former Manager, pardon me -- that I've tried to make to the chief apparently have fallen on deaf ears. And you know, you get along -- I heard one of you say you get along with the officers. You're pleased with the officers in the community. Well, guess what? The Overtown community is saying we want a change in the officers. That's all I've been saying, and it's falling on deaf ears. So with that, I rest. I withdraw my symbolic. I support the consensus of congeniality, but my position is still the same. I have no confidence in the chiefs ability to lead the City ofMiami Police Department. Chair Gort: Okay. Thank you. Thank you, chief. ChiefExposito: Thank you. Chair Gort: I understand the Mayor would like to have a few words. Mayor Tomas Regalado: Thank you, Mr. Chairman. First of all, I respect Commissioner Richard Dunn's item. I think that this is the proper forum, not press conference and -- Second, I want to say to Vice Chair that I will support, and we should structure a kind of campaign to do that in the City. I stood last December 30 with the Police Department, with the Miami -Dade director of the Police, Commissioner Gort, Commissioner Dunn to ask the community not to discharge their weapons on the 31st. I've done that every year as a Commissioner. And l just want to say that I do not regret making statement supporting the Police Department. In 15 years City ofMiami Page 118 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 NA.1 11-00056 as an elected official, I have supported the Police Department. I support the Police Department andl will support the Police Department. This has been something that, you know, we all should be ashamed of. Andl agree with Commissioner Suarez and Commissioner Carollo that this has gone too far. This has been too much. The name of the City ofMiami, not mine, nor the chief not anybody, has been dragging through the mud again after a year of success and this has to stop. I said it several days ago. I'm not going to speak anymore on this item. I will not respond to the media, although I understand the media. I totally understand the media and their appetite to get the facts and get the story. But the City ofMiami has to leave the front page every day, and we have been in that front page for many, many, many days. We have many things that we need to do. We have many challenges that we have to take. I just want to say one thing, andl am not breaking my promise. It's just a correction. My son was involved in a conversation before here. He has nothing to do with that film. He's not the executive producer. The only thing he did, because he was excited that someone wanted to film something good for the City of Miami Police Department, is that he introduce the producer to the Police Department. One thing is attacking me; another is attacking my son, and that's not right. I have worked with five police chief andl will continue to work with this or any police chieffor the benefit of the City of Miami. My commitment to you, number one, I will stop this in the public forum completely. And I will talk to you, talk to the media about the issues that we have facing the City and the new projects that we want to address. Hopefully, the chief will do the same. Thank you. Chair Gort: Thank you. Okay, what's the next item? Priscilla A. Thompson (City Clerk): IfI might, Chair? Chair, ifI just -- Vice Chair Carollo: DI 1. Chair Gort: Why don't we take five? Commissioner Sarnoff. Take a break? Chair Gort: Let's take five and -- so we can settle down. Vice Chair Carollo: Actually, could we do a five- or ten-minute recess? Commissioner Dunn: All right. Commissioner Sarnoff. That's what he said. Ms. Thompson: That's what he said. Chair Gort: Yeah. That's what I said. Vice Chair Carollo: Oh, okay. Sorry. END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM BRIEF DISCUSSION BY CHAIR GORT THANKING COMMISSIONER SARNOFF FOR HIS LEADERSHIP AND EFFORTS AS CHAIR OF THE MIAMI CITY COMMISSION FOR THE PAST YEAR, AND COMMISSIONER SARNOFF EXPRESSED HIS APPRECIATION TO ELECTED OFFICIALS, City ofMiami Page 119 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 ADMINISTRATION, AND CITY EMPLOYEES FOR THEIR COOPERATION IN GETTING WORK COMPLETED DURING HIS TENURE. DISCUSSED Chair Gort: At this time, I'd like to thank Commissioner -- former Chairman Marc Sarnofffor the excellent job that he did as the chairperson during a very difficult time in the City ofMiami. I want to say thank you. Applause. [Later..] Commissioner Sarnoff.. Mr. Chair, I'd like a point of privilege. Chair Gort: Yes. Commissioner Sarnoff.. I've been a very fortunate man. I've been elected as Commissioner of the (UNINTELLIGIBLE) for District 2, and I've had a great honor and privilege to serve as the chairman of this Commission for this great city, the City ofMiami. I'd like to thank each and every one of you from my colleagues, Commissioner Dunn, who I've more than stated I thought was the glue that held us together on many occasions; Commissioner Suarez, which I've always affectionately referred to as my wingman; the Vice Chair, Commissioner Carollo, and of course, our new Chair, Commissioner Gort. I'd like to thank the Mayor and the City Manager. I'd like to especially thank our previous City Manager, Carlos Migoya, who gave me the opportunity to actually look probably better than I actually was. I'd like to thank each one of the employees for the City ofMiami who stepped up to the plate in the budget discussions and who maintained our public safety and quality of life even in these troubled times. I'd like to thank the citizens of Miami for giving me the opportunity to serve the City. I was asked to list our accomplishments for this year, but think it's well known what they are and what we did. We passed what think is the most difficult budget in the City's history without raising taxes. This has been a great team effort. And I'd like to believe that, as the Chair, we have managed to build a consensus between the five districts, not any one person, but we, 'cause we have acted collectively as a Commission. Only through a consensus can you have progress. I want to hold out two people to especially thank. I want to thank Priscilla Thompson, our City Clerk. Whenever it seemed like I was lost, you found me. I'd like to thank the City Attorney, Julie Bru, who I thought was always a good moral compass and just as important as our legal compass. And as I pass the gavel to Commissioner Gort, I give him my full support andl look forward to the Commission's leaderships. I believe the new Chair has the quality of leaderships, honest, forward thinking, competence, inspiration, and intelligence. I'd like to leave the Chair with these two thoughts. A leader takes people where they want to go. A great leader takes people where they don't necessarily want to go but ought to go. Rosalind Carter. Management is doing things right. Leadership is doing the right thing. Peter F. Drucker. I wish you the absolute best, Commissioner Gort. Applause. Chair Gort: Thank you. I appreciate it, and hope I can do just as good as you did. NA.2 DISCUSSION ITEM 11-00057 BRIEF DISCUSSION BY COMMISSIONER SARNOFF REGARDING THE SUBMISSION OF A LEGAL SERVICES REQUEST (LSR) TO THE CITY ATTORNEY. City ofMiami Page 120 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 DISCUSSED Commissioner Sarnoff. Mr. Chair, I have a brief pocket item. Chair Gort: Go ahead. Commissioner Sarnoff. Madam City Attorney, what I'm asking -from you is, there is a -- Grove Harbor has presented plans, which I have here and will give you a copy of that are on the verge of coming to the City of Miami. What I'm asking you to do is give me an LSR, Legal Service Request, which give me an explanation of every permitting agency they have to go through, where they presently stand. And if in fact this is built, do Monty's, does Shake -A -Leg, which is City ofMiami equally -- do they have the right under their lease, through either expressed provisions or implied provisions, to have the ability to navigate directly to their respective slips, and will this encroach their ability to do so? And if you don't know -- I suspect you do -- Shake -A -Leg is a disabled person's ability to sail, and they sail out of this particular channel or their particular way. And my question to you then is do they have a right, either implicitly, expressly, or under the general maritime law -- it's not a riparian right. It's -- 'cause it's more than that. It's a right of navigation -- to go to and from their slip? Is it either expressly provided in our contractual arrangements or is it implicitly provided, and would this particular configuration encroach? Julie O. Bru (City Attorney): Andl apologize 'cause I don't know anything about this, but I'm sure -- Madeline is the person from the Administration that's been working on this, so -- this is an LSR andl guess it involves lease interpretation and also looking at other either common law or a submerged land -- Commissioner Sarnoff. It's general maritime law. Ms. Bru: -- law. Commissioner Sarnoff. It would be -- Ms. Bru: Okay. Commissioner Sarnoff. -- toward their ability to navigate in and out of their respective places. And my question to you is would this affect existing rights of people who are present lease holders from the City ofMiami? So -- and that would be Monty's. That would be Shake -A -Leg. And there could be others. I mean, it could be I'm not seeing the whole picture. Ms. Bru: Okay. Madeline Valdes (Director): Madeline Valdes, Public Facilities. The question with respect to would this affect their lease rights obviously is something that the City Attorney has to address. We've already spoken about whether the lease permits or doesn't permit the building of the facility. Commissioner Sarnoff. I'm just trying to get one paper, so maybe what you could do is help her with what is the status 'cause I know she doesn't want to go look up the status. And then once she gives -- a legal memorandum just means here are the facts. Give her the facts; she'll do the interpretation, and then I'll have an answer as to whether any of these people will be affected. Ms. Valdes: Of course. Commissioner Sarnoff. All right. Thank you very much, Mr. Chair. Ms. Valdes: Thank you. City ofMiami Page 121 Printed on 2/1/2011 City Commission Meeting Minutes January 13, 2011 Ms. Bru: Okay. So -- Chair Gort: Thank -- Ms. Bru: I'm sorry, Commissioner. It's just -- what we're going to be doing is looking at existing contractual obligations and rights that the City has under adjacent leasehold interests. I'm not going to look at the technical ability of a mariner to be able to navigate from a navigation perspective. I mean, I understand that there's common law rights of you know, access to the beach and water and riparian rights and all that, and we will look at that. But I can't look at the mariner's ability to get in and out of a slip. Commissioner Sarnoff. Well, that's what I'm asking you to do. I need an answer from the general -- does -- do their rights include the ability to go to and from their slips? Ms. Bru: Right. And we will look at -- legally now, ifI -- I don't know ifI can tell you that ifI actually got into a sailboat, I would be able to do so. Commissioner Sarnoff. Oh, I understand your -- Ms. Bru: Okay. Commissioner Sarnoff. Your point being you may need an expert to say that. I get that. Ms. Bru: Right. Okay. Commissioner Sarnoff. But what I'm asking you for is the law. Does the law either expressly -- Ms. Bru: Correct. Commissioner Sarnoff. -- or impliedly -- Ms. Bru: Correct. Commissioner Sarnoff. -- provide that light. You're right, okay. Ms. Bru: Okay. Right. Chair Gort: Okay. Anyone else? Blue page. ADJOURNMENT The meeting adjourned at 6:19 p.m. City ofMiami Page 122 Printed on 2/1/2011