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HomeMy WebLinkAboutCC 2011-02-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 1 r V drCuRe 4RATtI ! L Meeting Minutes Thursday, February 10, 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 February 10, 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 PART B PZ - PLANNING AND ZONING ITEM(S) 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 of Miami Page 2 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 8:30 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 11-00100 PRESENTATION Mayor Regalado presents check to the Police Athletic League. Funds were raised at the 1st Annual Mayor's Ball on Jan. 29. 11-00100 Protocol Item.pdf PRESENTED 1. Mayor Regalado thanked volunteers for their efforts in making the 1st Annual Mayor's Ball a huge success in raising funds for the Miami Police Athletic League, and presented a check to the Police Athletic League which will allow them to continue providing invaluable services to the community. Chair Gort: At this time we're going to have the presentation by the Mayor. Presentations made. 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE MAYORAL VETOES Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Dunn II On the 10th day of February 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 9:28 a.m., recessed at 12: 05 p.m., reconvened at 3:17 p.m., and adjourned at 5:11 p.m. Note for the record: Vice Chair Carollo entered the chambers at 9: 30 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Tony E. Crapp, Jr., City Manager Priscilla A. Thompson, City Clerk Chair Gort: (INAUDIBLE) February 10, 2011, the City ofMiami Commission at this historic chamber. The members of the Commission is the -- Commissioner Richard Dunn, Commissioner Marc Sarnoff, Commissioner Suarez. With us is the City Manager, Tony Crapp; City Attorney, Julie Bru, and Priscilla Thompson, City Clerk. At this time I'll ask Reverend Dunn to please lead us in a pledge [sic] and Commissioner Suarez, will you lead us in the pledge of allegiance. Invocation and pledge of allegiance delivered. Chair Gort: At this time, I'd like to welcome Vice Mayor [sic] Frank Carollo and a newly father. They just had a daughter a week ago. Congratulations. Applause. NO MAYORAL VETOES Chair Gort: Madam Clerk, do we have any veto? City ofMiami Page 3 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Priscilla A. Thompson (City Clerk): I'm sorry, sir. I didn't hear you. Chair Gort: Do we have any mayoral vetoes? Ms. Thompson: No, sir, there are no mayoral vetoes. Chair Gort: Okay. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Dunn II, seconded by Commissioner Sarnoff, to APPROVED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez Chair Gort: Do we have any minutes? Priscilla A. Thompson (City Clerk): Yes, we do. Chair Gort: Okay. Ms. Thompson: We have the minutes for the regular meeting of January 13, 2011. Chair Gort: Okay. Do I have a motion? Commissioner Dunn: So move. Chair Gort: Is there a second? Commissioner Sarnoff. Second. Chair Gort: Any discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Ms. Thompson: Thank you. END OF APPROVING MINUTES ORDER OF THE DAY Chair Gort: We'll now begin the regular meeting. Madam Attorney, will you follow -- the procedures that will be followed during --? Julie O. Bru (City Attorney): Good morning, Mr. Chair, members of the Commission, Vice Chair, Madam City Clerk, andMr. Mayor andMr. Manager. 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. The material for each item on the agenda is available during business hours at the City Clerk's office and online at www.miamigov.com. Anyone who wishes to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. Please, no cell phones or other noise -making devices. Silence them now. Any person who becomes offensive or becomes unruly at the Commission chambers will be barred from further attending Commission meetings. Any person with a disability requiring auxiliary aids, please notify the City Clerk. The City of Miami Page 4 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 lunch recess will begin at the conclusion of deliberation of the item being considered at noon, unless otherwise indicated by the Chair. Thank you, Mr. Chair. Chair Gort: Thank you. [Later...] Chair Gort: Do any of the Commissioners would like to pull any items? Commissioner Sarnoff. I'd like to pull CA.3 for discussion. Chair Gort: Oh, me too. CA.3. Any other item? Okay. Mr. Manager. Tony E. Crapp, Jr. (City Manager): Yes, sir, Mr. Chairman, members of the Commission. The Administration would like to withdraw PH.5 and continue RE.8 to the March 10 meeting. Chair Gort: Vice Chairman Carollo. Vice Chair Carollo: Thank you. I'm sorry. What was that? I missed -- I'm sorry. I was speaking to the Mayor for a second. Chair Gort: We're going to pull -- we pulled for discussion CA.3. The Administration pulled PH.5, and RE.8 to move to the next meeting. Mr. Crapp: To the March 10 meeting, Mr. Chairman. Vice Chair Carollo: RE.8 to -- Chair Gort: March 10. Vice Chair Carollo: Okay. If possible -- are we -- are you taking deferrals also? Chair Gort: Yes. Vice Chair Carollo: Yes? I'd like to defer RE.9 to the next meeting. Chair Gort: Commissioner Suarez? You're fine? Okey-doke. I need a motion for the consent agenda, with the exception of 3. Commissioner Dunn: So move. Vice Chair Carollo: Second. Priscilla A. Thompson (City Clerk): Sorry. I'm sorry. Chair? Chair Gort: It's been move -- Yes. Ms. Thompson: I apologize. Before we move to the consent agenda, you're going to need a motion on these deferrals and withdrawals before we move on. Chair Gort: Okey-doke. Do I have a motion on deferral and withdrawals? Vice Chair Carollo: I make a motion. City of Miami Page 5 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Commissioner Dunn: Second. Chair Gort: It's been motion -- Vice Chair Carollo: And -- however, before we vote, could we just run through it one more time to verin, which are going to be deferred and withdrawn? Chair Gort: Yes. Ms. Thompson: All right. We have 3 -- I'm sorry. CA.3 has been pulled for discussion by Commissioner Sarnoff. PH.5 has been withdrawn by the Administration. RE.8 is continued to the March 10, '11 meeting, and RE.9 is deferred to the 2/24/11 meeting. Chair Gort: Okay. There's a motion. Commissioner Dunn: Second. Chair Gort: Motion by Vice Chairman -- Commissioner Dunn: Second. Chair Gort: -- Carollo and second by Commissioner Dunn. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. [later..] Vice Chair Carollo: And I'm going to continue all my BC (Boards & Committees) items. Commissioner Sarnoff.. Same. Commissioner Suarez: I just want to make one appointment. Can I do it, one, real quick? Chair Gort: One appointment. Go ahead. Commissioner Dunn: I have about two or three, that's all. Ms. Thompson: IfI may ask, please. For recordkeeping purposes, okay, can we get a motion and a vote on any and all continuances that any of you board members want to make -- I'm sorry, the Chair -- the Commission want to make on any of their items, and then we can pull out the others. Vice Chair Carollo: I make a motion to continue all of my BC items and all of Commissioner Sarnoffs BC items. Commissioner Sarnoff.. Thank you. I second that motion. Chair Gort: It's been moved and second. Commissioner Suarez: Aye. Chair Gort: Is there any discussion? Being none, all in favor, state it by saying aye.' The Commission (Collectively): Aye. City of Miami Page 6 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Commissioner Suarez: I move to defer all my appointments, with the exception of the Commission on the Status of Women, where I appoint -- Ms. Thompson: If you -- let's -- if you don't mind, let's handle the -- Commissioner Suarez: I defer all my board appointments, with the exception of Commission on the Status of Women. Commissioner Sarnoff. Second. Commissioner Suarez: That's my motion. Chair Gort: Can you take an amendment to your motion? I will do the same, except with Parks. Commissioner Sarnoff. Seconder accepts. Commissioner Dunn: Might as well do my deferral, too, right? Commissioner Suarez: Yes. Commissioner Dunn: Okay. I defer all, except for BC.14 -- let me do it in order. Oh, geez. BC.3, BC.14 and BC.18. Commissioner Suarez: I amend my motion to reflect -- Commissioner Sarnoff. Seconder accepts. Chair Gort: Okay. Any -- Commissioner Suarez: Aye. Chair Gort: -- discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. City of Miami Page 7 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 CONSENT AGENDA CA.1 RESOLUTION 11-00038 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), CLOSING, VACATING AND ABANDONING FOR USE AN ALLEY LOCATED ON THE NORTH SIDE OF NORTHEAST 61ST STREET APPROXIMATELY 170 FEET EAST OF AND PARALLEL TO THE CENTERLINE OF BISCAYNE BOULEVARD, MIAMI, FLORIDA. 11-00038 Summary Form.pdf 11-00038 Legislation.pdf 11-00038 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0042 CA.2 RESOLUTION 11-00045 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF WALTER HARDEMON, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $50,000, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, EXCLUDINGACLAIM FOR FUTURE MEDICAL BENEFITS, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 11-00045 Summary Memo.pdf 11-00045 Funds Availability Memo.pdf 11-00045 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0043 CA.3 RESOLUTION 11-00059 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A Attorney PAYMENT TO THE CITY OF MIAMI, IN THE AMOUNT OF $50,000, IN SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST NAVIGATORS MANAGEMENT COMPANY, INC., D/B/A NAVIGATORS INSURANCE CO., AS City of Miami Page 8 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 SURETY FOR ONE CROW, INC., AND DIRECTING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. 11-00059 Summary Memo.pdf 11-00059 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Gort: CA.3. Commissioner Sarnoff.. Mr. Chair, CA.3 is a matter involving a surety for a company known as One Crow. The underlying issue is a storm water project that took place in Overtown, and this is the surety company that issued performance bonds that guaranteed the work on behalf of One Crow. This matter is extremely likely to go to litigation, so the less said, the better. I would strongly urge us that we do not accept this settlement and that we instruct the City Attorney to continue negotiation, including, if necessary, litigation, to improve our position in this matter and leave off the record maybe the facts and circumstances surrounding it. Chair Gort: Okay. There's a motion. Is there a second? Commissioner Suarez: Second. Chair Gort: Discussion. Madam Attorney. Julie O. Bru (City Attorney): We had an occasion to brief each of you individually on this matter. As late as this morning, we were able -- the attorney who's actually litigating the matter was able to brief Commissioner Sarnoff, andl think his motion is well taken. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Adopted the Consent Agenda Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II END OF CONSENT AGENDA Chair Gort: Regular agenda, PH.1. Priscilla A. Thompson (City Clerk): I'm -- Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: I think we need to vote on the consent agenda. Priscilla A. Thompson (City Clerk): Consent agenda, the remaining items on the consent agenda. City of Miami Page 9 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 9:00 A.M. PH.1 11-00029 Department of Community Development Chair Gort: I thought we voted on it. Okey-doke. Motion. Vice Chair Carollo: So move. Commissioner Suarez: Second. Commissioner Dunn: Second. Chair Gort: It's been moved by Vice Chairman Carollo, second by Commissioner Dunn. Any discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING FUNDS, IN THE AMOUNT OF $4,558,939, CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FOR THE NEIGHBORHOOD STABILIZATION PROGRAM 3, UNDER THE DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT ENACTED JULY 21, 2010; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANTAWARD. 11-00029 Summary Form.pdf 11-00029 Public Notice.pdf 11-00029 Federal Register.pdf 11-00029 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 R-11-0044 Chair Gort: PH.1. George Mensah: George Mensah, director of Community Development. Mr. Chair and Commissioners, PH.1 is a resolution to accept an amount of approximately $4.5 million for the NSP-3 program. Chair Gort: Okay. Need a motion. Commissioner Suarez: Move it. Commissioner Dunn: Second. Chair Gort: Moved by Commissioner Suarez, second by Commissioner Dunn. Discussion. Commissioner Sarnoff. I'm sorry. Mr. Mensah -- Mr. Chair. Did you say 12.5 million? City of Miami Page 10 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Mr. Mensah: No. I said 4.5. Commissioner Sarnoff. I'm sor -- I -- just checking. Mr. Mensah: Yeah. Commissioner Sarnoff. 'Cause I had 4.5 million. I was just curious where you got the extra 8 million. Mr. Mensah: No. It's 4.5. Chair Gort: Four point eight, right? Mr. Mensah: Four point five. Chair Gort: It is a public hearing. Those that want to speak. Grady Muhammad: Good morning, Mr. Chairman, Vice Chair, Mr. Mayor, Manager, Madam Attorney, Clerk. Grady Muhammad, president, Miami Dade First, 5800 Northwest 7th Avenue, Suite 212G. We need this money. This is going to increase the City over $20 million to ensure we can purchase vacant, abandoned, and foreclosed homes, stabilize the neighborhoods similar to what Commissioner Suarez said a couple months ago. We needed -- there was no NSP (Neighborhood Stabilization Program) dollars in his neighborhood; $300, 000 came. This is what we have to do to make this City a better place to live, work, without question, place. So I'm definitely in favor of this. And we have to ensure the timely expenditures, as well as the monitoring, the compliance with all federal regulations. Thank you. Chair Gort: Thank you. Anyone else in the public would like to address PH.1 ? Being none, public hearing's closed. Any discussion among --? Okay. All in favor, state it by saying "aye.' The Commission (Collectively): Aye. PH.2 RESOLUTION 11-00028 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") Development NEIGHBORHOOD STABILIZATION PROGRAM 3 SUBSTANTIAL AMENDMENT TO THE CITY'S ANNUAL ACTION PLAN FOR FISCAL YEAR 2010-2011 AND THE IMPLEMENTATION POLICIES, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO SUBMIT THE CITY'S AMENDED ANNUAL ACTION PLAN FOR FISCAL YEAR 2010-2011 TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("U.S. HUD") FOR REVIEW AND APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE ANY SUCH CHANGES TO THE AMENDMENT OR IMPLEMENTATION POLICIES AS MIGHT BE REQUIRED BY HUD FOR THE IMPLEMENTATION OF THE PROGRAM. 11-00028 Summary Form.pdf 11-00028 Public Notice.pdf 11-00028 Pre Legislation.pdf 11-00028 Legislation.pdf 11-00028 ExhibitA.pdf City of Miami Page 11 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 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-11-0045 Chair Gort: PH.2. George Mensah (Director, Community Development): PH.2 is a resolution ofMiami City Commission approving the City's Neighborhood Stabilization Program 3 substantial amendment to the City's annual plan for fiscal year 2010 and 2011 and the implementation policies, which is attached. Chair Gort: Okay. Thank you. This is a public hearing. Anyone in the public would like to address PH.2? Being none, we'll close the public hearings [sic]. Any Commissioners? Commissioner Suarez: Move it. Commissioner Dunn: Second. Chair Gort: Been moved by Commissioner Suarez, second by Commissioner Dunn. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. PH.3 RESOLUTION 11-00030 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Development DEVELOPMENT BLOCK GRANT HOUSING ACTIVITIES FUNDS, IN THE AMOUNT OF $500,000; ALLOCATING SAID FUNDS TO THE SINGLE FAMILY REHABILITATION AND REPLACEMENT HOME PROGRAMS, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE REHABILITATION AND REPLACEMENT OF SINGLE FAMILY HOMES FOR LOW TO MODERATE INCOME HOMEOWNERS; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR SAID PURPOSE. 11-00030 Summary Form.pdf 11-00030 Public Notice.pdf 11-00030 Program Guidelines.pdf 11-00030 Pre Legislation.pdf 11-00030 Legislation.pdf 11-00030 Exhibit.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0046 Chair Gort: PH.3. George Mensah (Director, Community Development): PH.3 is a resolution authorizing the City ofMiami Page 12 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 transfer of Community Development grant funds in the amount of $5, 000 and allocating the funds to the Single -Family Rehabilitation and Replacement Home programs. Chair Gort: Public hearings [sic]. Anyone in the public would like to address PH.3? Grady Muhammad: Good morning again, Mr. Chairman, Commissioners. Grady Muhammad. Mr. Simmons is here really to thank you, Mr. Chairman and all the Commissioners. This will be able to assist him and to get his house demolished and replaced and get him moved out of his home where he's been living with asbestos for over 20 years. And we thank again the Commissioners, especially you, Mr. Chair. So he's here. He just wanted to really say thank you all. And again, this is something that's been around for a minute, but this is a wonderful program and it should be supported -- should be funded. The only thingl -- the only problem is unfortunately, it has is -- it has currently only two contractors, andl can't say whether it's a violation of City -- federal procurement law 'cause I think a minimum of three bids is needed. But two contractors with all of these contractors out of work. They could be able to expedite some of these projects. Andl think we need to open that pool list of contractors. And unfortunately, I don't think neither one of those contractors currently black, Commissioner Dunn, so I think we have to definitely address that. Thank you. Chair Gort: Thank you, sir. Anyone else in the public? Close the public hearing. Commissioner. Commissioner Dunn: Mr. Chairman, move it. Vice Chair Carollo: Second. Commissioner Suarez: I second. Chair Gort: Moved by Commissioner Dunn, seconded by Vice Chairman Carollo. Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. I just want to make two very, very brief points. One is in our discussion of the affordable housing legislation that we passed on first reading and in my time working with the legislation with people who are participating in that process, one of the issues that came up was competitive disadvantage for affordable housing that already exist, vis-a-vis brand-new construction, and you know, how much money would be going to rehabilitate already existing affordable housing and homes. So you know, I think this is very significant that we are, you know, allocating money to rehabilitate single-family residences so that, you know, the most needed people in our community can take pride in their home. Andl know everyone here on this dais has seen some of the homes in our community and the condition that they're in. And you know, I don't think there's anybody up here that doesn't -- that it doesn't pull at their heart strings, you know, the condition that some of our members in our City are living in. The second thing, I wanted to thank Mr. Mensah. And this is actually on the prior item, andl kind of glossed over it. But wanted to thank him for heeding, you know, my request to try to get affordable housing in District 4. When we originally talked about NSP 1 and the different programs under NSP 1, District 4 was basically kind of left out. And you know, I thank you for listening and for doing what you could with the next available round of financing to find areas in District 4 that could be served by those monies. So I appreciate that. Mr. Mensah: Thank you. Chair Gort: Thank you. Anyone else? All I have to say, I'd like to thank the -- also, we've been working very closely with the CDBG (Community Development Block Grant) and their staff and we're trying to work out -- see if we can expedite all the funds. Unfortunate, as you all know, when you work with governmental and grants, there are certain steps you have to go through. City of Miami Page 13 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 And we're really working very hard to try to maintain -- allow those people that are about to lose their home to be able to keep it. That's something we've been working on and hopefully, we can come up with the right answer. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. PH.4 RESOLUTION 11-00031 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), GRANTING MIAMI DREAM HOMES INVESTMENT Development GROUP, INC., AN EXTENSION TO COMPLETE CONSTRUCTION AND CONVEY THE CD BUILDING PROJECT TO THE CITY OF MIAMI, LOCATED AT 1525 NORTHWEST 60TH STREET, LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FROM DECEMBER 30, 2010 TO JUNE 30, 2011; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENT(S) FOR SAID PURPOSE(S). 11-00031 Summary Form.pdf 11-00031 Public Notice.pdf 11-00031 Request for Time Extension.pdf 11-00031Building Permit Records.pdf 11-00031 3rd Amended Corrective Quit Claim Deed.pdf 11-00031 Pre Legislation 1.pdf 11-00031 Pre Legislation 2.pdf 11-00031 Pre Legislation 3.pdf 11-00031 Pre Legislation 4.pdf 11-00031 Pre Legislation 5.pdf 11-00031 Pre Legislation 6.pdf 11-00031 Pre Legislation 7.pdf 11-00031 Construction Photos.pdf 11-00031 Legislation.pdf 11-00031 Exhibit.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0047 Chair Gort: PH.4. George Mensah (Director, Community Development): PH.4 is a resolution of the Miami City Commission granting Miami Dream Homes an extension to complete construction and convey the City building, which is located 1525 Northwest 60th Street, from December 30, 2010 to June 30, 2011. Chair Gort: Thank you. It's a public hearings [sic]. Anyone to speak on PH.4? Grady Muhammad: Again, Mr. Chairman, Grady Muhammad. This is a good and wonderful project. This has been going on for a minute because of the housing situation, and we've had to extend this for two or three times because again, the housing market tanked -- the units was going to be costing about $200, 000. They're not. But again, we think outside the box to ensure we help. When Commissioner -- former Chairman Sarnoff needed a home in Shore Crest on the City of Miami Page 14 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 water to be knocked down, originally it couldn't be done, but through spot CDBG zoning, we've been able to think outside the box. Well, again, Officer Stefan (phonetic) McGill has a project from five years ago with the hurricane dollars. He still 16 months later, after this Commission approved a resolution asking for a waiver from HUD (Department of Housing and Urban Development), still has not received the waiver from HUD. And without that waiver, he cannot access those dollars, but that's not the problem, thinking outside the box is. We have affordable housing trust fund. According to the guidelines, if any single-family home -- existing homeowner or first-time homebuyer, private developer, nonprofit developer, who went through a competitive process, which Mr. Stefan (phonetic) -- Officer Stefan (phonetic) McGill did, could also be eligible for affordable housing trust fund. We're waiting 16 months. We still haven't received the waiver from HUD. We may never get the waiver. Mr. CD (Community Development) Director stated HUD gives a verbal -- gave a verbal denial to the waiver. HUD never gives verbal denials. HUD only put everything in writing, whether it's to accept the grant or not to accept the grant. The grant is only put in writing. But again, this is three years, Mr. Chairman, Commissioners, and he can't get the $200, 000 for the five units. Lights, water, cable, fully furnished in the Upper Eastside for $650. You can't find nothing up there more affordable than that in the Belle Meade/Palm Grove area. Thank you. Please help him. Chair Gort: Thank you. Anyone else? Anyone else from the public would like to address the Commission? Commissioner Dunn: So move it. Vice Chair Carollo: Second. Chair Gort: Okay. We close the public hearing. It's been moved by Commissioner Dunn, second by Vice Chairman Carollo. Any discussion? Being none, all in favor -- Yes. I'm sorry. Yes. Commissioner Suarez: Thank you, Mr. Chairman. Is the contractor here? Mr. Mensah: No. I don't see the contractor. Commissioner Suarez: He's not. Okay. I just -- I want to make sure that he's going to get it done by July 8. Mr. Mensah: Yes. Commissioner Suarez: Because that's an area that is sorely in need of those seven units. And you know, I see here in the backup that it says we've granted various extensions. Mr. Mensah: Yes. Commissioner Suarez: And l just want to make sure -- it says it's 95 percent complete, but I'd like to know or have some sort of an assurance from the contractor that it's going to be done by the end of -- before July 8. Mr. Mensah: Yes. I believe it's maybe last week Friday toured the area with the Commissioner and we looked at the property. They were still working on it. One of the issues was the elevator itself. It's a seven -unit property, but it's three levels, so there has to be an elevator according to the code, and that was what delayed it. We have the assurance that it'll be finished by that time. Commissioner Suarez: Okay. Is there any -- do we have any ability to -- I don't want to say penalize him, but is there any recourse that we have if he's not finished by July 8? City of Miami Page 15 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Mr. Mensah: We get the property back. Commissioner Suarez: I'm sorry? Mr. Mensah: We will get the report back. Commissioner Suarez: Okay. Thank you. Tony E. Crapp, Jr. (City Manager): Commissioner, also, if you'll allow us, we'll make sure that we meet with the contractor immediately and provide a report back to you and the rest of the Commission also. Commissioner Suarez: Thank you, Mr. Manager. And I'd also like to be invited to the ribbon -cutting ceremony. Mr. Mensah: Definitely. Commissioner Suarez: Thank you. Chair Gort: Thank you. Any further discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. PH.5 RESOLUTION 11-00033 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGERS RECOMMENDATION AND FINDINGS, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES FOR THE PROCUREMENT OF ENVIRONMENTAL CONSULTING, ASSESSMENT AND CONTAMINATION CLEANUP SERVICES, FROM CHEROKEE ENTERPRISES, INC., FOR THE CITY OF MIAMI OWNED BROWNFIELD PROPERTY LOCATED IN THE LIBERTY CITY NEIGHBORHOOD, AT 6200 NORTHWEST 17TH AVENUE, MIAMI, FLORIDA; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $200,000, FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY BROWNFIELD CLEANUP GRANT, TO CHEROKEE FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. City of Miami Page 16 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 11-00033 Summary Form.pdf 11-00033 Memo Waiving Competitive Bidding .pdf 11-00033 Notice of Public Hearing.pdf 11-00033 Legislation.pdf 11-00033 Exhibits.pdf 11-00033 ExhibitA.pdf 11-00033 Exhibit B.pdf 11-00033 Exhibit C.pdf 11-00033 Exhibit D.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II PH.6 10-01336 Department of Parks and Recreation RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFTERA DULY NOTICED PUBLIC HEARING, APPROVING THE SEVENTH AMENDMENT TO SERIES 2005 CONTRACT SPECIFIED/PER CAPITA CONTRACT EXTENSION, IN SUBSTANTIALLY THE ATTACHED FORM, ("SEVENTH AMENDMENT) TO THE ORIGINAL SERIES 2005 SAFE NEIGHBORHOOD PARKS BOND PROGRAM AGREEMENT, AS SUBSEQUENTLY AMENDED, WITH MIAMI-DADE COUNTY OFFICE OF CAPITAL IMPROVEMENTS, HEREBY EXTENDING, CONTINUING, AND AMENDING THE LAST COMPLETION DATE AND EFFECTIVE TERM OF THE EXISTING AMENDED AGREEMENT FROM JUNE 5, 2010 TO JUNE 30, 2011, WITH SAID SEVENTH AMENDMENT COVERING REIMBURSEMENTS TO THE CITY OF MIAMI ("CITY") FOR PREVIOUSLY COMPLETED PROJECTS AT THE CITY'S CURTIS PARK, LUMMUS PARK, AFRICAN SQUARE PARK, AND VIRGINIA KEY BEACH PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SEVENTH AMENDMENT AND ALL OTHER NECESSARY DOCUMENTS, AFTER CONSULTATION WITH THE CITY ATTORNEY, FOR SAID PURPOSES. 10-01336 Summary Form.pdf 10-01336 Notice of Public Hearing.pdf 10-01336 6th Amendment. pdf 10-01336 Safe Neighborhood Parks Bond Program Agreement.pdf 10-01336 Legislation. pdf 10-01336 Exhibit.pdf 10-01336 Summary Form 02-10-11.pdf 10-01336 Legislation Version 2 02-10-11.pdf 10-01336 Exhibit 02-10-011.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-11-0041 Chair Gort: PH.5 has been withdrawn. PH.6. Tony E. Crapp, Jr. (City Manager): PH.6 is a item that the County requested. It's going to allow City of Miami Page 17 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 SR.1 10-01363 District 5 - Commissioner Richard Dunn II for reimbursement. Juan Pascual, from the Parks Department, is going to present it. Juan Pascual (Chief of Operations, Parks Department): Thank you, Mr. Chairman, members of the Commission. This is a resolution to amend an existing contract for the Serious 2005 Safe Neighborhood Bond program with Miami -Dade County. We have submitted our reimbursements on a timely fashion. However, the County was running behind in doing their County board approval to extend the contract. They've got that now approved. So by us approving this, we would be able to get reimbursed for those programs and those projects that have already finished and concluded. Chair Gort: Okey-doke. Commissioner Sarnoff. So move. Commissioner Suarez: Second. Chair Gort: It's a public hearings [sic]. It's been moved by Commissioner Sarnoff, second by Commissioner Suarez. Is anyone in the public would like to address PH.6? Being none, any discussion among the Commissioners? Being no discussion, all in favor, state it by saying "aye." The Commission (Collectively): Aye. END OF PUBLIC HEARINGS ORDINANCE - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING IN ITS ENTIRETY, CHAPTER 14/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "DOWNTOWN DEVELOPMENT/ SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT AND COMMUNITY REDEVELOPMENT AGENCY"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01363 FR/SR Summary Memo.pdf 10-01363 FR/SR Legislation.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Noes: 1 - Commissioner(s) Carollo 13252 Chair Gort: Thank you. We go into second reading. Julie O. Bru (City Attorney): Mr. Chair, on the second reading ordinances, the first one on the agenda is the ordinance which would repeal in its entirety Chapter -- it's the chapter that establishes the Southeast Overtown/Park West, Chapter 14, Article V, of the code. Previously, we had been asked to do an inquiry as to certain questions that the Vice Chair had, and we did the inquiry. We completed our document review. And I'm ready to address any questions that we have. But just to give you brief background, I think the emphasis of the inquiry on the Vice Chair was there seemed to have been a conflict between the past practices of the Agency and what the City of Miami Page 18 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 law in the books provided. And by the law in the books, I mean the code provision that established the Southeast Overtown/Park West Agency. There is a procedural default -- I mean, defect there that has been brought to light as a result of the Chair's -- the Vice Chair's inquiry. And whatl can tell you is is that the Southeast Overtown/Park West Agency was established by an interlocal with Miami -Dade County back in 1982. Subsequently, in 1995, the City ofMiami Commission enacted an ordinance that delegated to the Agency, to the CRA (Community Redevelopment Agency) agency, certain powers, including the power given to the executive director to hire staff. Shortly thereafter, in 1997, there was an amendment to the code which then provided that the Planning director of the City ofMiami would be the executive director and it no longer provided for the executive director having the authority to engage staff. After that, in 1998, there was an interlocal that was approved by a resolution of the City Commission which again gave to the executive director certain authority, gave to the Agency certain authority, but the procedural defect there was that that resolution which authorized the execution of an interlocal attempted to modify what was in the code and of course, we don't amend a code provision by a resolution. So what we're doing here today would correct that procedural defect. It would bring the interlocal agreement, you know, in compliance with, you know, the current practices of the Agency, and it's being recommended to be done by way of just clarifying this conflict that exists. Chair Gort: Thank you. Questions? Vice Chair Carollo: Yes, Mr. Chairman. Thank you. By the way, thank you, Madam City Attorney. I received your information and it was quite lengthy. And since I had a new arrival that wasn't expecting, I can't say -- I mean, I was expecting just not at a date -- she came ten days early, not at Super Bowl time though. That was a joke. But anyways, she came prior to Super Bowl. But anyways, I didn't get a chance to review all of it in its totality, so I don't want to hold up the, you know, board with this. I'm going to vote against it because I didn't get a chance to read all of it. I still do have some questions, though. My main question is, are all the hires that were made by the executive director of the CRA valid hires? Ms. Bru: Mr. Vice Chair, to the extent that those staffing decisions were ratified by the CRA's approval of the budget, which was a very detailed budget, including positions and salaries and so forth and so on, I know that this Commission and the CRA board, you know, went through everything in great amount of detail, I would say that yes, those hires are legitimate and in compliance. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Follow-up question. Chair Gort: Go ahead. Vice Chair Carollo: The issue is this City Commission has never approved their budget. Therefore, we've never ratified those positions of the CRA. So if your argument is correct, then I would argue that we -- since we've never approved their budget, those CRA positions are not valid and they've been operating all this time with no validity -- Ms. Bru: Well -- Vice Chair Carollo: -- because we have never approved the CRA budget. Ms. Bru: -- they're valid under the terms of the interlocal agreement that exists between the City and the agencies, and the CRA board did approve the budget. So to that extent, you know, City ofMiami Page 19 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 they've complied with the interlocal agreement, you know. I mean, again, you know, there's a little gap there which cannot be explained as to the adoption of an interlocal agreement by a resolution without having gone back and repealed the ordinance. But the staff that was hired by the executive director of the CRA was pursuant to budget allocations that was approved by the Agency, by the CRA board. Commissioner Suarez: No, no. Mr. Chairman, ifI may. Vice Chair Carollo: I'll yield to Commissioner Suarez. Chair Gort: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Vice Chairman. No. I think we -- if I'm -- I could be wrong, but I think we approved the CRA budget prior to those positions being filled, if I'm not mistaken, andl will yield to the Vice Chairman's memory on that, but that's my recollection. We have not taken any official action subsequent to those hires that would in any way rat -- andl take objection to that, that we have in any way raged any of those actions. And it brings up a bigger point, which I was going to bring up on another item, but it goes to, you know, us approving tables of organization, approving budgets, and then you know, people taking action subsequent to our approval of budgets that are inconsistent with those budgets, and to what extent do they have the right to do that. And so I just want to make sure -- I want to put on the record that we have not taken any action to ratify anything subsequent to those hires. We have never -- that's never -- was never brought to the CRA board and as far as I can recall, there was never a CRA budget. IfI -- I could be wrong. My memory could fail me. I don't think there was an approval of a CRA budget after that. Ms. Bru: If you would allow me -- Commissioner Suarez: Of course. Ms. Bru: Commissioner Suarez. Veronica Xiques is counsel to the CRA board and she's the one that attends the meeting; maybe she can shed some light on to this. Veronica Xiques (Assistant City Attorney): Good morning, Commissioners. On December 14 the CRA met, the Commission sitting as the CRA board met, and they went through each and every line item of the budget. It was probably around 10: 30 in the evening when that meeting concluded. And line item by line item -- the car allowances, the sick day accruals, the vacation accruals, the health care, the -- all the other benefits, including salaries, were -- this Commission, as the CRA board, considered them, so we do take the position that the positions were ratified. Commissioner Dunn: Yes. Mr. Chair. Chair Gort: Yes. Commissioner Dunn. Commissioner Dunn: I will allow my colleagues, but I'm ready to make a motion for the approval of this repeal. Chair Gort: Vice Chairman Carollo. Vice Chair Carollo: He may -- Commissioner Dunn: I mean, if he has something, I'll yield to him -- Chair Gort: He yields to you. City of Miami Page 20 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Commissioner Dunn: -- but I'm ready to make a motion. Vice Chair Carollo: Yeah. I want to continue the conversation -- Commissioner Dunn: Okay, go ahead. Vice Chair Carollo: -- because -- or the discussion because it's my understanding from what was explained to me by the City Attorney that all actions by the CRA needs to be ratified by the City Commission. The City Commission never ratified that budget. Therefore, I understand the CRA, acting as a board, may have ratified a budget. And as a matter of fact, I don't know what's going on with it, but two or three times it's been on the agenda to make changes to the budget or so forth. Andl could tell you this; it has never gone before this Commission for a vote. Therefore, I -- by what the City Attorney explained to me, they have not been ratified because the City Commission has not ratified the budget. Now, I think she's taking the position now that if the CRA board ratifies budget, then that means that we've raged the position. I can tell you, I didn't know at that time. But I really was under the impression that since the City Commission has not ratified the budget, therefore those positions have not been ratified. Ms. Xiques: What the code requires, Commissioner, is that the budget come back to the City Commission for approval, sort of -- andl hate to use this word. I know you're completely against it, but it's, more or less, a rubber-stamp because all of you are the same board members and all of you go through each and every line item as the CRA board. So the idea is that the budget comes back to you to -- so that you can direct the Clerk to send it to Miami -Dade County. The idea is that once it comes to you sitting not as the CRA board, which has already approved the budget, but as the City Commission, you're simply taking a ministerial action of saying, Madam Clerk, please send it to the County. And you're correct, the City Commission has not yet done that. But it was painstakingly analyzed as the CRA board and -- but the code requires is not that every action of the CRA be ratified by the City Commission. It just requires that the board -- the City Commission adopt the budget so that all of the positions really are independent of City Commission action. The code and the statutes give the agency the power to hire. In this case, because the agency is the CRA board, that alone fixes any informalities [sic] that may have taken place. The City Commission does not have to take action on hires because the statute does not give the authority to the City Commission; it gives it to the CRA board. Commissioner Dunn: Mr. Chair. Chair Gort: Good. Commissioner Dunn: HI may -- Vice Chair Carollo: Follow up. Commissioner Dunn: Go ahead. Vice Chair Carollo: And by the way, I respectfully disagree with you as far as the rubber stamping and so forth because if that was the case, when did we approve that budget, December? Ms. Xiques: December 14. Vice Chair Carollo: And we're in February. So why haven't we rubber stamped it? There's got to be a reason. So I respectfully disagree with you. In addition, I understand what you're saying, that not every action that the CRA board does is approved by the City Commission. However, the one action that I know is approved by the City Commission is the budget. And the City City of Miami Page 21 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Attorney is saying that those hires are ratified or are valid because the Commission or the board voted on the budget. Yet, it is clearly stated that the City Commission need to ratify that budget and it has not. And therefore, I really believe at this point those are not valid hires. And again, I'm not an attorney. However, I'm just taking a step back and using common sense. So you know, I'll yield to my other Commissioners, see what they think, but -- Chair Gort: Thank you. Commissioner Dunn: Mr. Chair. Chair Gort: Commissioner Dunn. Commissioner Dunn: I wanted to ask a question in terms of the CRA board, which is -- I know there are two separate boards and functioning differently at different times. But I would like to know just for the record who was -- who voted in favor of the CR [sic] board that December 14? Do we have that --? I would like to know. And if it's everybody, then -- I mean, technically, it's the same people. Because I remember that meeting because we went through -- it was a very arduous task. It was a line item by line item, same people. So, I mean -- to me, it would be superfluous to go back. I mean, I know we have to do things correctly. But based on your opinion, it is not mandatory that every action be ratified by the Commission. But if it was the same people that voted for it, it -- to me it would be -- it's -- I mean, it's already been stated. So I just like to know for the record who voted. Ms. Bru: Commissioner, ifI may. The issue that think that we need to focus on here is the following. The state of Florida, by statute, has granted -- in this case, in this County -- it's Miami -Dade County who receives the powers of redevelopment. The County has, by resolution and interlocal with the City ofMiami, delegated certain powers to the City ofMiami. Not all powers, but certain powers. When the City ofMiami received the powers, it has subsequently, in the year 2000, by an interlocal agreement, which is a binding document and contract between City of Miami, Omni CRA, and Southeast Overtown/Park West CRA, then delegated the -- some of those powers that the County gave to the City were delegated to the CRA boards, Omni and Southeast Overtown/Park West. In my opinion, that is the operative document right now between the agencies and the City Commission is that interlocal agreement that was executed in the year 2000. Under that agreement, it is clear and undisputed that the CRA has the authority to engage staff. That power has been given to the CRA. You know, so the issue of raging budgets and this and that, that has to do with budgeting, allocating resources, the bottom line, whether or not the funds are there. But the individual authority to hire staff has been delegated from the City of Miami to each of the CRAs by that interlocal of the year 2000. Now, we do have that procedural flaw hanging out there about the fact that there was an ordinance that was inconsistent with the interlocal. However, we're rectifying that by repealing the ordinance. This Commission has acted under the authority of the interlocal and so has the agency, so I wouldn't go back now and try to question the authorities because you were acting on good faith and reliance on an interlocal agreement that was properly adopted by the three parties. Commissioner Sarnoff. Mr. Chair. Chair Gort: Commissioner Sarnoff. Commissioner Sarnoff. You know, I don't want to say this is much ado about nothing, but I guess we're all using this for our own device, andl respectfully understand it and that's part of who we are. However, you have a vestige. You have an ordinance that existed many, many years ago that when the Southeast Overtown/Park West was formed, it generated no TIF (Tax Increment Funds) revenue, which meant it couldn't be operated whatsoever because it had no ability to generate enough income to even pay a part-time employee. So the City ofMiami instead, through interlocal agreement, created a system whereby City ofMiami employees could be City ofMiami Page 22 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 loaned to the CRA. That ordinance has always been on the books. It has never been a followed ordinance. The interlocal agreement, through many different authorities, including the right of Miami -Dade County as a -- I forgot what they call it, Madam City Attorney. Ms. Bru: The governing body. Commissioner Sarnoff. Not the governing body, but it's a special -- it's one of the two counties in all of Florida. Ms. Bru: Home rule charter. Commissioner Sarnoff. -- home rule charter has the ability to do redevelopment, and they've delegated that to the City ofMiami. Andl can assure you that we've had this debate many, many times. And that interlocal agreement, if it were to be even questioned, has been the governing document for years and years. Now as to the authority to hire and fire, it's an interesting philosophical question, Commissioner Suarez. I sat here when then -Commissioner Tomas Regalado made a motion to do away with Economic Development when we just didn't believe Economic Development was functioning. I seconded that motion, andl believe it passed. We fully well expected that that department would be extinguished and that those employees would be, I want to say, let go certainly from that department. If they had any kind of rights, they would fall back to their rollback rights, should they have them. I think to then -Commissioner Regalado's surprise and still Commissioner Sarnoffs surprise, we found nobody left the department. They just got absorbed. Wasn't what we expected. Wasn't what we wanted. We had thought, I think, in that debate -- and the Mayor's more than capable of remembering better than I am -- why we debated, why we defunded that department, and what we did. But it's the philosophical question, Commissioner Suarez. What can the House of Representatives do to existing legislation? 'Cause you know that debate goes on in Washington right now. You can defund a program. The question then is what happens to the program itself. And that is the debate we'll have from today, I suspect, until your grandkids come up here. And that is, very simply, what is the authority of this Commission? Is it merely a funding authority? Are we merely the budget strings for the City ofMiami? Or do we have hiring and firing ability? Andl think that is a reasonably resolved issue. I think that issue is that we hire and fire Madam Clerk. We hire and fire Madam City Attorney. We hire and fire Mr. or Madam, someday maybe, City Manager. And we hire and fire Victor Igwe, who is our audit director. So our abilities are extremely limited and maybe by design. Maybe very much so by design 'cause can you imagine having five people decide somebody's fate. Might be a very difficult process. You always have to be able to count to three. So you know, I understand everybody's questioning on this, but I would ask this City Attorney this question. I would like on my desk by 5 o'clock today every time a Commissioner has voted as a CRA board member differently on an item than he has as a Commissioner. The answer is it's never happened. I think that was Commissioner Dunn's position. Vice Chair Carollo: Hold on. No. You may be correct, because the CRA board voted for the budget of the CRA, but I guess I wasn't in that meeting. And then when it came back here, it was not the same budget. So I stand -- you may be right 'cause I didn't vote no the first time. I just wasn't there. Commissioner Sarnoff. I think you're thinking of July. Vice Chair Carollo: But when it came back here -- Commissioner Sarnoff. Right. Chair Gort: Commissioner Suarez. City ofMiami Page 23 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Commissioner Suarez: Thank you, Mr. Chairman. First of all, I apologize for having bad memory when it comes to some of the CRA experiences. Maybe I wishfully want to forget some of the things that I participated in over there. But in any event, I think we did get a little bit off topic andl apologize because it really had to do with another item, that was concerned about some expenditures that appeared to be being spent in a way that's inconsistent with the way it was budgeted. Commissioner Dunn: Right. Commissioner Suarez: Andl think that's kind of what was going at with respect to in the City, we do approve an organizational chart with reference to a budget. You know, what does -- 'cause you're right, Commissioner Sarnoff, that we don't actually choose the person, but we are, in essence, choosing the position. You know, we're choosing whether that position should be funded, should not be funded. And so, you know, within that construct, there's some flexibility. Obviously, the person who gets to hire gets to chose who the person is that serves that function. But if we choose that there be "X" person, they can't say, well, we're going to create "Y" position because we didn't fund that position, so you can't just create a position. That's the question that have, andl think maybe it'll be more appropriate in another item and we can get to that. Andl think all of this brings it around full circle to the point which is, I think this ordinance is supposed to clean this up. Commissioner Dunn: Precisely. Commissioner Suarez: In other words -- Chair Gort: Right. Commissioner Suarez: -- it's supposed to make what was maybe before unclear clear. Commissioner Dunn: There it is. Commissioner Suarez: In other words, before we were operating potentially under an interlocal agreement, of which, by the way, I haven't seen. I haven't been given a copy of that. Not that I've asked for it necessarily, butt haven't been given that -- so I haven't seen it. You would think that as a CRA board member, at some point -- maybe I have it in some sort of a packet or something, but I haven't seen that document. So this then will fix that issue -- Commissioner Dunn: Yes. Commissioner Suarez: -- I'm assuming, correct? Commissioner Dunn: Correct. Commissioner Suarez: Is that correct? Ms. Bru: I'm sorry, Commissioner. Chair Gort: That's my understanding. Commissioner Suarez: That this ordinance will fix -- Ms. Bru: This is a cleanup. It is -- Commissioner Suarez: Got it. City of Miami Page 24 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Ms. Bru: It is. Commissioner Sarnoff. Mr. Chair. Commissioner Suarez: I second it. Commissioner Sarnoff. Mr. Chair. Chair Gort: You finish? Commissioner Sarnoff. I just want to -- Chair Gort: Yes. Commissioner Sarnoff. --'cause I want to continue this conversation, I think, where you're going to go, andl want to understand what you're saying 'cause I may agree andl may also just want to clarify. Your position is that when we look at a budget line item by line item, we approved the budget line item by line item, not that we approve the gross sum to that particular budget? Commissioner Suarez: Well, I think that depends. And I think the issue is -- Commissioner Sarnoff. I want to hear your position. Commissioner Suarez: Well, I think it -- I think the question has to be answered by the City Attorney. I think it's a legal question. Andl want to ask that question -- Commissioner Sarnoff. Right. Commissioner Suarez: -- because it may vary depending on what budget we're approving. Commissioner Sarnoff. Fair enough. Commissioner Suarez: So if it does, you know, I'd like to know that. Andl think -- 'cause in the other item that we're going to discuss, you know, I'm concerned about some information that I received regarding that item and how that could potentially, you know, be viewed in the context of what we approved. Commissioner Dunn: Mr. Chair. Vice Chair Carollo: Mr. Chairman. Commissioner Dunn: Go ahead. He go first. You go -- Chair Gort: Commissioner Carollo. Vice Chair Carollo: Yeah. And -- Chair Gort: Vice Chairman. Vice Chair Carollo: -- by the way, I also want to know the answer to that. However, each line item could have many groupings, so even the line items that we saw have within them groupings of other -- exactly. Chair Gort: Sub items. City of Miami Page 25 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Vice Chair Carollo: The reason why we received so many line items this year is because I kept requesting and kept requesting and kept drilling down on the groupings. But the truth of the matter is, let's say -- and how can I give an example off the top of my head. Professional services. Commissioner Suarez: Supplies versus pencils or pens. Vice Chair Carollo: Okay. No. Professional services. You got professional services that realistically, it's a line item, but professional services could mean legal, which is another item, accounting, and so forth. So if we approve professional services of $100 -- and I'm just using an example -- is that what we approved or is it really legal and accounting and so forth? This year we drilled more on the groupings because, again, I asked for more specifics and more specifics. But realistically, when we approved their budget, which one is it? Even if it says professional services a hundred, are we really approving just for professional services a hundred or accounting "X" amount and legal "X" amount or so forth? So -- Commissioner Suarez: Well, I'll give you another example. If we approve a line item that's rent, for example, does that mean that you can use that money for an employee, for employee salaries? I think that is a complete departure from the category. There's no rational argument that you can make that money being used for rent can be used for an employee, so -- I'm sorry -- Commissioner Dunn: Mr. Chair. Commissioner Suarez: -- for -- Commissioner Dunn: No. That's good. Commissioner Suarez: -- deviating. Chair Gort: All right. Excuse me. Vice Chair Carollo: And Mr. Chairman, I'll go a step further. Especially when it says rent and down the side it tells you exactly what the money's -- Commissioner Suarez: What the money's for. Vice Chair Carollo: -- going to be used for, not just rent. On the side, if you notice, it exactly tells you -- Commissioner Suarez: Stipulated for, right. Vice Chair Carollo: -- what that money is going to be stipulated for. So with that -- I'll yield to my colleagues. Chair Gort: Gentlemen, my understanding is -- Commissioner Dunn: Mr. Chair. Chair Gort: -- andl can see the words that we have. And if you all recall, all of us was sitting here when we took that budget line item by line item. And now my understanding it's going to come back to us andl think that'll be the time to really discuss the budget. What's in front of us is an ordinance to fix the existing process. There's two different issues. I think we'll be able to get back to your words and to the budget. I think that's something that we need to deal with. Any further comments? Yes, sir. City of Miami Page 26 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Commissioner Dunn: Well, Mr. Chairman, I'm ready to make a motion. Commissioner Suarez: I second it. Chair Gort: It's been moved by Commissioner Dunn, seconded by Commissioner Suarez. Any further discussion? Being none, all in favor, state -- it's an ordinance. Priscilla A. Thompson (City Clerk): It's an ordinance. Chair Gort: Read it. Yes. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. Vice Chair Carollo? Vice Chair Carollo: No. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff. Yes. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Thompson: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Chair Gort? Chair Gort: Yes. Ms. Thompson: The ordinance has been adopted on second reading, 4-1. Commissioner Suarez: Mr. Chairman, ifI may. Chair Gort: Thank you. Yes. Commissioner Suarez: Just -- I'm sorry. 'Cause -- I -- my understanding of what we just did was we changed a procedure by which the person -- now the executive director has the authority, even though he already had it under the interlocal agreement, he now has it been ordinance to hire and fire. However, to use a phrase that's often used by my Vice Chairman, colleague next to me, "however," that is still subject -- my understanding would be that would be -- still be subject to us passing their line item budgets. Would they still be constrained to hiring and firing within our authority to pass their budgets or is that absent that authority? Ms. Xiques: What you've done by doing away with Chapter 14 is you've allowed the interlocal and the statutory scheme that's in place to govern how the agency operates. The authority to hire and fire is currently delegated to the agency. The governing board of the agency is the five of you sitting as the board of the CRA for Omni and the board of the CRA for Overtown. What we have recommended is that the next step to 100 percent make everything crystal clear is that each CRA adopt a resolution whereby the CRA would delegate to the executive director the authority to hire subject to budgetary approval. What that would mean is that any time the executive director wants to hire someone either for the Omni or for the Overtown, he would have City of Miami Page 27 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 to review his budget that was hopefully approved by the five ofyou and he would say okay, I have $100, 000 to hire an assistant director for Overtown. I can do that. Or I have $80, 000 to hire public marketing relations for Omni. I can do that. That's the idea that's going to make it 100 percent clear that the agency -- the five ofyou are delegating to the executive director that authority. Commissioner Suarez: Thank you. I think that makes it a lot clearer for me. Commissioner Dunn: Mr. Chair, just one more. Just may I ask this question? So -- and I believe you just stated it -- what that means if there's a line item -- 'cause that was an issue, andl know we were dealing with a lot of technical issues. If there's a line item for salaries total and the executive director falls within -- once it's been approved budgetarily [sic] by the CRA board, Commission -- ratified by the Commission, or whatever way that is correct, then the CRA executive director, as long as he falls under that balance, he would be within his rights. Am I correct? Ms. Xiques: Absolutely. As soon as the two CRAs adopt the -- Commissioner Dunn: Got it. Ms. Xiques: -- resolution that delegates to him that power. Chair Gort: Thank you. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: And l just want to also make sure everyone understands. We're rescinding all of Chapter 14, which is not just the hiring and firing. There's a lot more to it. Ms. Xiques: You're rescinding Chapter 14, the article only that talks about the Overtown. Within Chapter 14, for example, you have -- Vice Chair Carollo: Article V. Ms. Xiques: -- the Downtown Development Authority. You're not, in any way, touching that. That is something that is needed, that is on the books for a reason that establishes a process for another agency. All you're repealing is the entire section of Chapter 14 that deals specifically with Southeast Overtown/Park West CRA. Vice Chair Carollo: Right, which is not just the hiring and firing of personnel. It deals with a lot more. Ms. Xiques: It deals with other things, but the idea is that Chapter 163, which is the statutory scheme that governs CRAs, already sets forth the processes, and that's just a cleanup that we prefer to do so that going forward, it's a little bit cleaner as to what the powers of the agency are. Vice Chair Carollo: And one last question. Does the CRA have a policy manual, policy and procedure manual? Ms. Xiques: The CRA does have a policy and procedure manual. It's not something that my office has reviewed. It's something internal. We've had discussions with the executive director about possibly reviewing it, but in no way has the agency, meaning the governing body, the five ofyou, adopted that policy and procedure manual. City of Miami Page 28 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Vice Chair Carollo: Is there a way for one of the CRA board members, meaning myself, to obtain a copy of it, if it exists? Ms. Xiques: Absolutely. I'm sure the executive director would be happy to provide you with that, so we'll get that to your office. Pieter Bockweg: Commissioner Carollo. Pieter Bockweg, executive director, CRA. I'll get that to you as soon as possible. I believe we had sent a copy to all of you when we did the budget approval, but I'll make sure each one of you get another copy. Vice Chair Carollo: So there is one, a policy and procedure manual? Mr. Bockweg: Yes, sir. Vice Chair Carollo: Okay. Commissioner Dunn: Mr. Chair, one last question. Chair Gort: Yes. Commissioner Dunn: I just -- just for the record, did -- were we able to find out really what was the --? Priscilla A. Thompson (City Clerk): We're actually printing out that information and they'll be giving it to you. Commissioner Dunn: All right. Thank you. Ms. Thompson: Thank you. Vice Chair Carollo: And Mr. Chairman -- Chair Gort: Thank you. Vice Chair Carollo: -- last thing. Chair Gort: Yes, sir. Vice Chair Carollo: And that's a perfect example, Commissioner Dunn, where salaries -- in their budget, they had salaries. However, I requested the individual salaries of every personnel and so forth -- Commissioner Dunn: I remember. Vice Chair Carollo: -- to see what exactly composed the total amount. Commissioner Dunn: I remember. Vice Chair Carollo: Now, with that said, I'll be honest with you. Yes, I voted for their budget here in this Commission meeting. I remember. However, also realize that it was a very long procedure. We spoke about a lot of things as assistant City Attorney well stated. It wasn't just salaries. And at the same time, I clearly understand that I have to have some flexibility because I can't have it all my way or what I wish to see. So at the same time, that's where there's some flexibility, and yes, I voted for it. At the same time, just know that when I asked additional City of Miami Page 29 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 questions of the City Attorney, meaning are those salaries ratified or not, she says well, you did when you approved the budget. And that's where I'm saying, well, wait a second. Now if we're going to take that out of context and we're just dealing with salaries, I may not necessarily agree with some of those positions, so that's why, you know, I brought it up. So I'll leave that to rest. The second thing l just wanted to ask my colleague, do you know -- and that's Commissioner Sarnoff. When you said about the absorbing of those positions -- when you delete a department and those positions were absorbed, do you know what department absorbed those positions? Commissioner Sarnoff.. City Manager. Vice Chair Carollo: The City Manager's office. Commissioner Sarnoff.. And if you look historically, the City Manager has always historically been a very large department for the City ofMiami. Vice Chair Carollo: Yeah. I know. Okay. Just keep it in mind then for budget time. Commissioner Sarnoff.. I'm not saying this City Manager. Vice Chair Carollo: No, no, no. Definitely not, definitely not. Commissioner Sarnoff.. Prior City Managers. Chair Gort: Okay. Vice Chair Carollo: Definitely not. Thank you. Commissioner Suarez: I'm sorry, Mr. Chairman. Chair Gort: Commissioner Suarez. Commissioner Suarez: Last thing, I promise. In the last Commission meeting, I discussed or I mentioned that when there's an ordinance that we're considering that interrelates with or interfaces with a County ordinance, thatl wanted to see the County ordinance in our backup. And although I didn't ask for what I'm about to ask for right now before, I just -- I think it's a good practice in the future for us -- if we're going to be deleting an ordinance or a part of an ordinance, that that part that we're deleting actually be in our backup. Andl know this was a Commission item and all that, but think from the CityAttorney's perspective, just for us -- and could have asked for it, so I'm not criticizing. I'm not saying that -- you know, I could also look it up in Municode myself. But it would just be, I think, helpful to have it there readily available for us to know exactly what -- andl think that goes to -- a little bit to the Vice Chairman's point about this not only being about the salary. Thank you. Chair Gort: Okay. Thank you. END OF ORDINANCE - SECOND READING ORDINANCE - FIRST READING FR.1 ORDINANCE First Reading 11-00099 District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 2, ARTICLE XI, DIVISION 17, OF THE CODE OF THE CITY OF MIAMI, DavidSarnoff FLORIDA, AS AMENDED (THE "CODE"), ENTITLED "ADMINISTRATION/ BOARDS, COMMITTEES, COMMISSIONS/ COCONUT GROVE BUSINESS City ofMiami Page 30 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 IMPROVEMENT DISTRICT BOARD (BID BOARD ), MORE PARTICULARLY BY AMENDING SECTION 2-1251, TO UPDATE THE MEMBERSHIP COMPOSITION TO ALLOW THE DISTRICT 2 COMMISSIONER TO APPOINT NON -VOTING MEMBERS AS MAY BE NECESSARY FROM TIME TO TIME AT HIS OR HER DISCRETION; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 11-00099 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Chair Gort: FR.1. Commissioner Sarnoff.. FR.1, Mr. Chair, is the Coconut Grove Business Improvement District. What it does is it affords me the opportunity to add more nonvoting members to the board. The BID (Business Improvement District) has accepted this by e-mail (electronic) on February 7, 2011. We provided to you the bylaws indicating that we had made a motion to add three additional nonvoting BID board members. This ordinance would allow the District 2 Commissioner to have the discretion to add those board members. Commissioner Suarez: Move it. Commissioner Dunn: Second. Chair Gort: Been moved by Commissioner Suarez, seconded by Commissioner Dunn. Discussion? Being none, all in favor, state it by saying "aye." Commissioner Sarnoff.. Ordinance. Priscilla A. Thompson (City Clerk): It's a first read ordinance. Chair Gort: I'm sorry. An ordinance. Got to get used to this. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: IfI might, Chair, before I call the roll, you did not have an opportunity to open and close the public hearing. Chair Gort: Was that a public hearing? Commissioner Sarnoff.. Just open a public hearing and close it. Chair Gort: Do I have a motion? Ms. Thompson: No. We didn't -- you didn't -- Commissioner Sarnoff.. Just open up -- Ms. Thompson: -- have an opportunity to call for your public -- Chair Gort: Okay. I didn't think it was a public hearing. Okay. Anyone in the public would like to address it? Being none, call the roll. City of Miami Page 31 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 RE.1 10-01433 Office of the City Attorney Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. END OF FIRST READING ORDINANCE RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE DIRECTOR OF FINANCE TO PAY COLUMBUS PROPERTIES, INC., AN AMOUNT NOT TO EXCEED ONE HUNDRED NINETY-FIVE THOUSAND DOLLARS AND 00/100 ($195,000.00), IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND SERVANTS, IN THE CASE OF COLUMBUS PROPERTIES, INC., VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 10-40654 CA 05, UPON THE EXECUTION OF A SETTLEMENT AGREEMENT AND A DISMISSAL OF THE ACTION WITH PREJUDICE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 10-01433 Summary Memo.pdf 10-01433Availability of Funds Memo.pdf 10-01433 Legislation.pdf 10-01433 Exhibit.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-11-0049 Direction by Chair Gort for the Administration to create quarterly reports on the City ofMiami 's financial projections/actuals, and to provide these reports to Commissioners in preparation for the FY2012 budget. Chair Gort: Okey-doke. Resolution, RE.1. Julie O. Bru (City Attorney): Okay. Resolution 1 is a proposed settlement that we're recommending based also on substantial amount of input from the Administration. This has to do with a lease that was entered into by the City on behalf of the CIP (Civilian Investigative Panel). I think back in March of last year, the CIP vacated the premises. We attempted to negotiate with the landlord for an early termination. The lease didn't provide for that. So this is a recommendation that would settle this matter for $195, 000. City of Miami Page 32 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Commissioner Suarez: Mr. Chairman -- Chair Gort: Okay. Commissioner Suarez: -- I move the item for discussion. Commissioner Dunn: Second. Commissioner Sarnoff. It's been moved by Commissioner Suarez, second by Commissioner Dunn. Discussion. Commissioner Suarez: Thank you, Mr. Chairman. I think it's a good settlement. Obviously, to not get off track first because we're -- I'm going to take this in a different direction. But it's a good settlement. It's going to essentially give us a year. We're essentially going to get a year off of this lease, which was a terrible lease that Commissioner Sarnoff had mentioned from the beginning. And if they mitigate between now and the next year in our quarterly payments, we're going -- you know, we're going to have the ability to stop paying them, so we're going to save hopefully over -- well, we're going to save over $100, 000, but hopefully we save more than that. The issue that I have -- and I think from -- just from the prior discussion, it seems that all my colleagues share the same concern -- is that we had a discussion regarding their budget not too long ago where they represented that the $108,900 that was budgeted for rent was budgeted for and towards the settlement of this claim. And I've been told or I've been informed, andl think my colleagues have been informed similarly, that the monies that were budgeted for rent have been used for other things, such as salaries. Is there anyone here from CIP or from the Administration that can confirm that or dispel that? Mirtha Dziedzic. Mirtha Dziedzic, Budget director. To date they have spent only $674 of that line item for the rental of their copiers. Vice Chair Carollo: How much? Ms. Dziedzic: There's a hun -- $674. Six, seven, four. They've encumbered $1, 368 for the rental of their copiers as well. That's for the remainder of the year. Giving them a balance of $106, 400. Commissioner Suarez: So what you're saying is, in essence, they haven't spent a whole heck of a lot of it? Ms. Dziedzic: No. Commissioner Suarez: So I was misinformed? Ms. Dziedzic: According to the actual activity as of today, they have not spent it. Commissioner Suarez: Okay. So I was misinformed. Ms. Dziedzic: Yeah. Commissioner Suarez: Thank you. Chair Gort: Any further discussion? Vice Chair Carollo: Yes. Mr. Chairman. Chair Gort: Question. City of Miami Page 33 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Vice Chair Carollo: I have a question. Where are they -- where is CIP housed now? Carol Abia: Carol Abia, interim executive director for the Civilian Investigative Panel. Commissioner, we're now at the Manuel Artime Center. And as further clarification on that matter with regards to the budget, we had set aside approximately $105, 000 for that budget, the balance to be paid for the lease of our copier. We have not touched any of the money that has been set aside for the lease. Vice Chair Carollo: And by the way, Commissioner Suarez, I have it here. Amount of 106,400 for FY 2011 cost for leased office space vacated by CIP as cost savings measured prior to the expiration of lease. This amount is included in budget at direction of the City Administration to be used toward settlement with landlord, 106,400 yet to be negotiated. Additional request of 2,500 is for the annual lease of the copier/scanner. So it's actually 106, 400. Ms. Abia: That's correct, sir. Vice Chair Carollo: Now going back to my initial question. So you are housed now at Manuel Artime? Ms. Abia: That's correct. Vice Chair Carollo: And how much are you paying rent there? Ms. Abia: There's no rent. That's a City -owned building. Vice Chair Carollo: There is no rent? Ms. Abia: That's correct. Vice Chair Carollo: I see the director ofPublic Facilities, Ms. Valdes. Madeline Valdes: Good morning. Madeline Valdes, Department ofPublic Facilities. Vice Chair Carollo: Is the Manuel Artime office building running in the red or running in the black? Ms. Valdes: It's in the -- Vice Chair Carollo: In other words, are we losing money there? Is it costing us more than the upkeep or in the maintenance there, or what's going on there? Ms. Valdes: Yes, it is. However, in lieu of their situation with respect to the lease negotiations for the settlement agreement, we had given them an opportunity to go to the site, pay what is due as part of the settlement, and then we will work in agreement with them for future rent. Vice Chair Carollo: But right now it's free rent? Ms. Valdes: Right now it's free rent. Vice Chair Carollo: Does that rent have a value? Ms. Valdes: Yes, it does. Vice Chair Carollo: Do you know what the value of that rent is? City of Miami Page 34 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Ms. Valdes: Yes. For nonprofits we charge 13.50 a square foot and for profits we charge $15 a square foot at Manuel Artime. Vice Chair Carollo: And how many square foots [sic] do they have? And if you're going to make me do the math, then let me get a calculator and start -- Ms. Valdes: I believe they have approximately two thousand -- how much? -- Ms. Abia: About 2,000. Ms. Valdes: -- about 2,000 square feet. Commissioner Dunn: Twenty-six hundred or twenty-seven hundred a month? Vice Chair Carollo: Are there any other agencies that are housed there? I mean, who else is housed there and what do they pay in? Ms. Valdes: All the agencies that are housed there have agreements and they pay. However, we do have other City departments there that don't pay. We have Code Enforcement there that does not pay. Just recently because of the budget cuts, what we've been doing is if we can use economy (UNINTELLIGIBLE) by using the properties that we currently have to house some departments, that way we don't have to have -- pay out of rent. So we do have departments within Manuel Artime. Vice Chair Carollo: And the whole Code Enforcement Department is housed out of there? Ms. Valdes: A portion of it is housed out of there. Vice Chair Carollo: A portion. Where's the rest housed? Ms. Valdes: Some of it is at MRC (Miami Riverside Center), and don't know about the other facilities that they may have. Vice Chair Carollo: Who else is housed there? Ms. Valdes: I think that's pretty much it. We have Code Enforcement. We have CIP. That's it. Vice Chair Carollo: So we only have two tenants? Ms. Valdes: No, no. These are the tenants that don't pay. Vice Chair Carollo: And as far as tenants that pay, who do we have? Because I want to know how much in the red are we in that facility? Ms. Valdes: If you -- Vice Chair Carollo: Is it worth selling? Is it --? You know, can we consolidate some of those departments into the MRC, into the NET (Neighborhood Enhancement Team) offices? You know I'm working on a project in my district and I'm looking at placing NET in there and so forth. Again, is there any way to consolidate some of this? Can we sell the building since we've been so cash -strapped? I mean, is that building running as a 501(c)3 where we're a charity to everybody? Could you explain that to me? Ms. Valdes: If you give me an opportunity to maybe meet with you at a later date, I can show you how much we generate in revenue as opposed to how much our costs are, and then we can City of Miami Page 35 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 evaluate each tenant on a one-on-one basis. You have to understand that recently when we had the budget cuts, a lot of departments came back to the City requesting space there because they were cut on their ability to pay rent, and that's why we were kind of moving towards that direction and moving departments into the facility if at all possible. Vice Chair Carollo: Right. But this is an indirect way of them obtaining more funding for -- and not physically funding, but obtaining more in their budget. Because what's happening is yeah, they're going -- they're not getting funding for rent and they're going to the Artime, but it's costing the City money, so in essence, it's still an expense on our part. Ms. Valdes: But we -- Vice Chair Carollo: So -- Ms. Valdes: -- anticipate to charge them rent as soon as the settlement is finalized. This was just in order to help them through this process of paying out the settlement. Chair Gort: I think what the Commissioner is looking at is the value of moving the individual if we really do save money 'cause although we move it, we're not paying rent in another place that might cost us. So the analysis should be versus paying rents versus being there at our cost. Ms. Valdes: We can do that, sure. Chair Gort: Okay. Ms. Valdes: We can do an analysis. Vice Chair Carollo: Among with the other things that I asked for. Ms. Valdes: Sure. Chair Gort: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. So what you're saying is that all of that money, the $106, 000 is going to be available for this settlement if we do agree to it? Ms. Valdes: It should be available, yes. Commissioner Suarez: Where will the other $95, 000 come from? Ms. Valdes: I'll leave that to Carol to answer. Commissioner Suarez: Thank you. Ms. Abia: We expect that we will include that amount in our next year's budget in order to offer that over, but at this point we do not have it available in this year's budget. Commissioner Suarez: So where will it come from to pay for it? Are you saying that it's going to -- where is it going to come from to be paid for then in the meantime? Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: IfI may, I'm probably going to -- I could probably answer the question. City of Miami Page 36 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 We're going to allocate another 90-something thousand for rent, they're going to stay at the Artime for free, and that's how we're going to pay for it. Commissioner Suarez: Right. And that's kind of where I was going with that. Thank you for stealing the thunder. Vice Chair Carollo: I mean, am I correct? Or if there's another way or -- that you're thinking, then please let us know. Ms. Abia: That's the only option available to us. Commissioner Suarez: And where is the 95,000 -- I'll let you answer this one -- where's the $95, 000 that we're going to reappropriate? Where's that going to come from? Vice Chair Carollo: The 464 that we allocated this year, we'll probably allocate somewhere around the same. The Miami Herald will come out with an article saying that we should fund the CIP some more because we're having all these issues with the police shootings and the police chief and so forth and all that, and that's what will end up happening. Commissioner Suarez: Okay. Ms. Abia: Commissioner -- Vice Chair Carollo: And we'll fund them 464,000 again or they'll ask for an increase or so forth, but the bottom line is that they'll ask somewhere in the area about 100, 000 for rent, they'll stay at the Artime for free, and you will use that money to pay it. Commissioner Suarez: And that's going to cost the City $2, 700 a month in rent that we're not obtaining. And also, the other issue is if we were to sell that building because it were not needed, in essence, that's money that we could replenish our reserves that are woefully inadequate, not at the, you know, financial integrity ordinance level, et cetera, et cetera, et cetera, et cetera, et cetera. Vice Chair Carollo: Exactly. And to be honest with you, we have to analyze it 'cause maybe it could use some refurbishing and then we could start leasing it, you know, for a profit or so forth. I mean, we have to do an analysis of it. But at the very least, yes, we could sell it. However, this is not the best time to sell buildings. But yes, we could sell it and use that money for our reserves and so forth, but we have to make an analysis to be, you know, educated and have a, you know, prudent way to approach this. But at the rate we're going, all we're doing is losing money every year on it. Ms. Abia: And ifI may just add one thing, Commissioners, it's a fact that, well, in order for us to save these funds and to have this money available, our staff was cut from nine employees to three employees. At this point we have three employees who are basically maintaining the CIP and keeping the CIP above board. It's about the very minimum that we can have at this point in order to meet the mandate of our ordinance. Commissioner Sarnoff. Mr. Chair. Chair Gort: Thank you. Yes, sir. Commissioner Sarnoff. However, the CIP, when it was a robust, large board, was warned by a City Commissioner that you would likely never be able to fulfill this lease as a result of what I thought was a looming debt crisis. But when I mentioned that to them, they said, Commissioner, don't worry; we have four votes. So I don't want you guys to think by any stretch of the City of Miami Page 37 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 imagination that CIP, who is down to three employees, didn't have a choice to make two years ago. And they made that choice when they went into a lease that I strongly urged them not to go into because they had four Commissioners' vote. And they said, we don't need your vote. So I don't want to -- anyone to feel poor, poor pitiful me for them because they were clearly warned that their million four would likely be right about where they are right now. And they just didn't see it and they didn't care to hear it. And guess when you don't want to hear something, you don't even have to analyze it. Vice Chair Carollo: I feel your pain. Commissioner Sarnoff. Okay. Ms. Abia: In defense -- Chair Gort: Okay. Ms. Abia: I'm sorry. Commissioner Suarez: Mr. Chairman, ifI just may ask the -- Chair Gort: Commissioner Suarez. Commissioner Suarez: -- City Attorney the question that I was going to ask and that I kind of asked -- I don't think got an answer to it, not because -- not for any reason. But the question was when we pass a budget and that budget has line items, is the executive director or whatever agency, the department director, et cetera, the City Manager, whoever, are they prohibited from hiring a position that is not funded by that budget? Does -- I know they have that right to hire the person, to make the decision on the person who gets selected for that slot. But if that slot doesn't exist, can they hire someone for a slot that doesn't exist? Can you use money outside of a category that we funded? Ms. Bru: You're asking two different questions. I want to address the first question because I think, you know, that one is one that am prepared to answer and that is, when you approve the budget for the City ofMiami -- and then each agency has specific nuances, but generally speaking, you approve the budget. Subsequent to that, you're also approving a table that shows how many departments are being approved by the Commission, not a table of organization. We always mischaracterize what we're doing. You approve a -- you approved the departments that have been established because it is the Commission who approves departments. And in this budget you approved positions, the number of positions that are being funded. So for example, in my department, you have approved "X" number of attorneys and "X" number of staff members. I cannot hire -- I can't fill a position that wasn't approved in my budget. Now, the Budget director in the Manager can address what happens during the year because obviously, needs change during the year and there's flexibility in that, and that's why then you get some sort of midyear, you know, amendment to the budget, and there you may have changes in the number of positions that are filled -- available to be filled. Commissioner Sarnoff. But does that come back to Commission? Ms. Bru: Yes, it does. And the budget -- Commissioner Sarnoff. So his -- the answer to his question then is yes, Commissioner, you determine the number of bodies I can hire? Ms. Bru: Yes. You determine -- City ofMiami Page 38 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Commissioner Sarnoff. Until you act -- Ms. Bru: -- the number of positions. Commissioner Sarnoff. Right. Until you act differently, I have to abide by the number of positions? Ms. Bru: Correct. Now the Budget director can address the practices and whether or not during the year, sometimes there's a deviation from that, would then a subsequent budget amendment being approved, andl defer to the Budget director on that. Commissioner Sarnoff. Well, no. Stop there. Chair Gort: It has to come back for us. Commissioner Sarnoff. Right. That's my question. I understand what the Budget director wants. I understand the Budget director's desires. I even understand your desires. My question is when it comes to warm bodies, do you have to come to this Commission for approval? Ms. Bru: Yes. Chair Gort: Yeah. If it changes the budget, you have to. Ms. Bru: That is part of the budget requirement, that -- the number of positions that are going to be filled or authorized to be filled are approved by this Commission. Commissioner Sarnoff. Now that's your department. I -- will you mind yielding? Is that okay? Chair Gort: Sure. Keep going. Commissioner Sarnoff. That's your -- Chair Gort: All yours. Commissioner Sarnoff. Department. Now, let's go to Parks. Let's go to Public Works. Same thing for them? Ms. Bru: I believe that is citywide. That is citywide. Commissioner Sarnoff. So -- Ms. Bru: Yes. Chair Gort: Each department. Vice Chair Carollo: Mr. Chairman. Commissioner Sarnoff. Okay. Chair Gort: Wait a minute. Vice Chair Carollo: Let me chime in on this because -- and I'm going to have additional questions, but let me chime in on this. How many of you have seen a number of employees when you approved the budget? In other words, Parks Department, 300; City Attorney's, 30. How many of you have seen the number of employees? None. So now is when I go to my follow-up City of Miami Page 39 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 question, okay. My follow-up question, do we approve a salary, the total salary? And that's why with the CRA I asked for all the different, you know, positions and so forth, but then some of these departments are huge. But anyways, let's say -- what you're saying is we approve a salary, let's say, for City Clerk's [sic] office -- and I'll throw a number out there again -- a hundred. Does that mean, you know, five attorneys at twenty or does that mean that it's one attorney at a hundred? You know, I don't think we really establish how many positions. I think we establish the hundred in the budget. Ms. Dziedzic: HI may. Commissioner Dunn: Mr. Chair. Chair Gort: Yield -- Commissioner. Commissioner Dunn: Okay. I just warn us as we deliberate -- andl feel it and it's right there. I'm in agreement. I think that we've got to be careful that we don't deal too much in micromanaging in terms of personalities, personnel, and positions, andl could be wrong. I believe it is necessary for those positions to be itemized, but at the same time, if a particular department falls under their budget or within their budget and they have some flexibility to hire -- I think we talked about this in the last vote -- I think that that's -- at least it's a solid fiscal decision. But in terms of dealing with personalities and that kind of thing, I would like some clarification because -- andl know we just dealt with that, sort of with the -- ordinance with the CRA or to clean it up. But I -- as long -- my position is -- this is my position. I can only speak for me -- is that as long as they fall within the budget, that -- andl believe -- now if they're over that budget and -- you know, like the discussion that's taking place now. I understand it clearly. I wasn't here two years ago when you shared your advice with the CIP, which I very -- I strongly support, but I cannot support making -- not making sound financial decisions . Vice Chair Carollo: No. And Commissioner, I agree with you, and that's why I'm a little surprised. And by the way, I really truly feel all this discussion is healthy. I know it's lengthy and so forth, but it's really healthy. Commissioner Dunn: It's good. Vice Chair Carollo: Because I was under the impression, just like you, that we approved the salary. Again, whenever we approve the budgets, I never saw "X" number of positions. And it was my understanding, we approve a salary. Now in order to obtain that total salary, that's why I requested the individuals and so forth. However, again, I'll use the City Attorney as an example. If we approve her salary of a hundred, she could hire one attorney for a hundred or -- Chair Gort: Five for twenty. Vice Chair Carollo: -- it's my understanding you could fire that person and hire two attorneys at fifty each. However, what you said right now is that we actually approve the position so it's different from what interpret andl think what Commissioner Dunn interpreted, and to a certain degree, I think what we all interpreted up here. So we need some clarify on that. Ms. Dziedzic: And ifI may. Mirtha Dziedzic, Budget director. The Commission does approve the number ofFTE, Full Time Equivalent, positions, not part times and temps. Those are considered operational dollars so there's an amount allocated, and it's up to the department's discretion to manage. The positions, the FTEs, are approved. In the current fiscal year, there were so many changes to the number of positions because of the Rule of 64, what was going to be hired back, what was not going to be hired back, that we are still in that clean-up process. And that first amendment or that next amendment that's coming up next Commission meeting will detail all the positions for each department. City of Miami Page 40 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Vice Chair Carollo: So -- and as far as me, it was my first budget. You're -- and you're substantiating what I'm saying. I never approved number of positions. Ms. Dziedzic: No, because we -- Vice Chair Carollo: And ifI did, please show me the documents that showed yes, this is what you approved. Ms. Dziedzic: This particular year, we did not have firm numbers because of all of the changes to the staffing. We have the Rule of 64 incentive. We had other vacancies, deletions that were done at the end of last fiscal year. Those were not all clear at the time of the budget approval, so we did not have that firm number for you. This amendment that's coming up on the 24th will give you a detail of all the positions by department that corresponds to the salaries in each of these departments. Chair Gort: My understanding, Civil Service, they have an input on the salary. Am I correct? Ms. Dziedzic: I'm sorry? Chair Gort: The Civil Service, they have the input on the positions and the salary of the positions and the amount of position for the operation. Ms. Dziedzic: There's a salary schedule that determines the base of a position and the number of years, longevity. All of that is -- determines the salary of a person. The current fiscal year, we also had the imposed pay reductions -- Chair Gort: Right. Ms. Dziedzic: -- so those all changed. They're not necessarily what they were on the salary schedule or in that tiered system that we have. So this is an anomalous year, and we're going to bring all of those amendments to you. Chair Gort: Okay. My -- question that I have is in this new budget that we're going to be working on andl imagine that we're going to start working on it pretty soon -- Ms. Dziedzic: Yes. Chair Gort: -- we will get the numbers, the current -- according to the funding the departments will receive the amount of employees that they're going to have and the categories of employees. Ms. Dziedzic: Correct. Chair Gort: At the same time, I'd like to, if possible, get a quarterly report of our projection and our actuals [sic] in our budget because I think we really have to stay on top of that. Ms. Dziedzic: Yes. And the first quarter, we don't typically do projections because we don't have enough information; and especially this fiscal year, we had all of those salary reductions. The payroll system needed to catch up with all of the changes that we imposed. So now we're doing the first projection of the year, which we have the first data for the first four months of the year, all of the payroll information is in, all of the tiered reductions have been implemented, so now we can give you better numbers or better outlook of where we are. Chair Gort: Okay. Thank you. Anyone else? Can we -- City of Miami Page 41 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Vice Chair Carollo: So -- Chair Gort: -- go back to the item and --? Vice Chair Carollo: Yeah. So prior to the -- so for the February 24 meetings is when you're going to have all those 4,000, more or less, employees and their full-time positions. Ms. Dziedzic: Full time. Vice Chair Carollo: Four thousand is part time and full time, I understand, so -- Ms. Dziedzic: Correct. It'll be full-time equivalent. You'll only have the full-time numbers. The part times and temps are up to the discretion of each department director and they manage those because -- you know, they can hire a temp for 20 hours a week or whatever, so they manage those dollars with the staffing that they need. Vice Chair Carollo: And will we be approving year-to-date or as of September 30, 2009 -- I'm sorry, 2010? Ms. Dziedzic: The October 1, 2010. It would be an amendment as of October 1, 2010, but with all of the applicable pay reductions and run through the payroll system, so now we have the real numbers because all of the budget was based on estimates that our outside contractor did. So all of the reality has now finally been processed. Chair Gort: Yeah. That's what I want to see. Ms. Dziedzic: Yeah. Vice Chair Carollo: So for my daughter that's watching me now, if she's not sleeping, and my wife, forget that unofficial FMLA (Family and Medical Leave Act) week that was going to take next week, right? Thank you. Chair Gort: Did she just call you? Thank you. Any further discussion? Commissioner Sarnoff.. Yes, sir. Chair Gort: Yes, sir. Commissioner Sarnoff.. Going back to the item we're supposed to be voting on -- Chair Gort: Right. Commissioner Sarnoff.. -- just so that everybody is clear on something. While this is a good settlement, understand that this particular lease did not have an acceleration clause in it. I suspect anybody who's done any commercial work, especially Commissioner Suarez, you have never reviewed a lease that did not have an acceleration clause, the result of which, so you understand, is you can only sue on accrued rentals. And if you're not careful, you can also be res judicata for future rentals. So while I think this is an acceptable settlement, understand that the particular landlord is not in a usual, commercial, practical situation. He does not have acceleration of rents in his lease. And as such, you have to judge whether this is now a good settlement based on the number. Commissioner Suarez: Mr. Chairman, ifI may. Chair Gort: Yes, Commissioner. City of Miami Page 42 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 RE.2 11-00032 Department of Capital Improvements Program Commissioner Suarez: Yeah, andl did take that into consideration. There's also -- he also has a duty to mitigate, which means that he has to use reasonable efforts to find another tenant to replace this tenant and, obviously, you know, for whatever rent that he can get. I don't know if he's going to be able to get the same amount of rent that he got when dealing with the City. I have a feeling that he won't. But we're already, I think, $98, 000 behind in rent, if I'm not mistaken, something to that effect, 97, 96, so we're already -- in terms of the non -acceleration component of the lease, we're already behind about $100, 000. So what we're talking about is about 95 additional thousand dollars. And the way that the payments are structured, the last year is completely off so we get the benefit of not having that last year. That's number one good thing. And then if he does mitigate and he does get a tenant in hopefully sooner rather than later - - and maybe we can assist him in that endeavor. I'm not sure. We can't? Okay. All right, I'm getting a no from the -- from that side of the aisle. So to the extent that he can get another tenant - - or maybe what we can do is monitor whether he's, you know, putting it -- listing it with a real estate agent, whether he's, you know -- whether that real estate is actually, you know, active in their pursuits to try to mitigate our damages, so -- Tony E. Crapp, Jr. (City Manager): We'll definitely do that, Commissioner. Commissioner Suarez: Yeah. Andl -- you know, it's a quarterly payment, which, you know, is a little bit beneficial to the landlord because it's not a monthly, you know. So if you were to mitigate in, you know, month four, he would still get the quarterly payments, so there's a little bit of a benefit to him there, but he is giving up an entire year, so it's -- I looked at it very carefully andl think it's, overall, a good settlement. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: In this small, little break, I just have a quick question. Has anyone done their due diligence to see if they've actually have tried to release that? Because if they actually lease it, then it's less money that comes from out of our pockets. Andl think they've had, what, quite a few months that we've -- CIP has been out. Has anyone done due diligence to see if they're actually trying to release that location? Ms. Bru: The attorney from my office working on it has andl -- and now during this settlement period through December, we will be more vigilant about this. Vice Chair Carollo: Thank you. Chair Gort: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT NUMBER TWO WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), IN SUBSTANTIALLY THE ATTACHED FORM, ACCEPTING AN ADDITIONAL STATE OF FLORIDA ("STATE") City of Miami Page 43 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 CONTRIBUTION IN THE AMOUNT OF $313,625, FORA TOTAL STATE CONTRIBUTION IN THE AMOUNT OF $852,185, FOR THE OPERATION AND MAINTENANCE OF THE HEALTH DISTRICT TROLLEY SERVICE, B-30581; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S ("CITY'S") REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $313,625, FROM THE CITY'S SHARE OF THE ONE-HALF CENT TRANSIT SURTAX PROCEEDS OF THE PEOPLE'S TRANSPORTATION PLAN. 11-00032 Summary Form.pdf 11-00032 Funds Approval.pdf 11-00032 Pre Legislation 1.pdf 11-00032 Pre Legislation 2.pdf 11-00032 Legislation.pdf 11-00032 Exhibit.pdf Motion by Commissioner Sarnoff, 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 -0050 Chair Gort: RE.2. Alice Bravo (Director): Good morning. Chair Gort: Good morning. Ms. Bravo: Alice Bravo, Capital Improvements Department. RE.2 is a resolution to authorize execution of a supplemental joint participation agreement with the Florida Department of Transportation. And this is for one of the transit development grants that we received from FDOT (Florida Department of Transportation). And they participate in 50 percent of the operating costs for the first three years. And they actually fund their funding over three years of the DOT work program. So as each fiscal year of their work program kicks in with approximately one-third of their contribution, we amend our agreement to accept the additional funding. Chair Gort: Thank you. Commissioner Sarnoff. Move it. Commissioner Dunn: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Dunn. Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chairman. I have a couple of questions on the amounts and whether or not they're reimbursable or not reimbursable. The first one is the annual audit -- Am I on the wrong item? Vice Chair Carollo: Yes. Commissioner Suarez: Sorry. Chair Gort: Beg your pardon? Commissioner Dunn: Just tell him the term "scratch that." City of Miami Page 44 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 RE.3 11-00039 Department of Finance Commissioner Sarnoff. Scratch that. Chair Gort: Anyone else? Commissioner Suarez: Strike that. Chair Gort: Anyone else. Commissioner Suarez: Strike that. Like the -- Commissioner Sarnoff. Strike that. Commissioner Suarez: -- lawyers say, strike that. Chair Gort: Okay. We had the motion and the second. Okay. Any further discussion? Being none, all in favor, state it saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH MCGLADREY & PULLEN, LLP, PURSUANT TO RESOLUTION NO. 10-0340, ADOPTED JULY 29, 2010, FOR ADDITIONAL EXTERNAL AUDITING SERVICES, IN AN AMOUNT NOT TO EXCEED $150,000, THEREBY INCREASING THE TOTAL AMOUNT FOR THE THREE (3) YEAR CONTRACT PERIOD, FROM $1,200,000 TO AN AMOUNT NOT TO EXCEED $1,350,000; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PSA FOR EXTERNAL AUDITING SERVICES, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $150,000, FROM THE VARIOUS USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO AMEND THE PSA FOR ADDITIONAL SERVICES REQUIRED BY THE CITY OF MIAMI WITHOUT FURTHER CITY COMMISSION ACTION. 11-00039 Summary Form.pdf 11-00039 PSA.pdf 11-00039 Legislation.pdf 11-00039 Exhibit.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-11-0051 Chair Gort: Okay, RE.2. Priscilla A. Thompson (City Clerk): RE.3. City of Miami Page 45 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Chair Gort: Oh, we already passed it. RE.3. Vice Chair Carollo: RE.3. Diana Gomez: Diana Gomez, Finance director. RE.3 is a resolution authorizing an increase to the professional services agreement with McGladrey & Pullen, LLP (Limited Liability Partnership), for additional external auditing services on an as -needed basis by various City departments, in an amount not to exceed $150, 000 over the life of the contract. Currently, there is a need to have program -specific audits of the Children's Trust program, the Building Better Communities program, and to perform additional detailed test work on the capital project accounts, as well as there's an amount for contingency should a need arise to conduct additional program audits or agreed upon procedures. Chair Gort: Thank you. Questions. Commissioner Suarez: Yes. Chair Gort: Commissioner Suarez. Commissioner Suarez: Question number one, I see in the backup documents that you're requesting an additional $61, 500 for audits required by the Children's Trust program. Ms. Gomez: Correct. Commissioner Suarez: I just want to state on the record whether or not that is from funds that are reimbursable grant money that we received from the Children's Trust? Ms. Gomez: It is. Commissioner Suarez: Okay. So it's not going to have any impact on our budget? Ms. Gomez: Correct. Commissioner Suarez: Second one is an annual audit required by the Building Better Communities program, and that is for $26, 500. My understanding is that that is not reimbursable. Ms. Gomez: That is correct, that it's not. Commissioner Suarez: And why is it required and who is it required by and who's going to bear the cost? Ms. Gomez: The City will bear the cost. It is budgeted for in the current year. It is a requirement of the grant, of those dollars. I'm -- Commissioner Suarez: How much have we received in those dollars -- Ms. Gomez: I'd have to defer that -- Commissioner Suarez: -- more or less? Ms. Gomez: -- to CIP (Capital Improvements Program) 'cause I don't have that information. Vice Chair Carollo: I'm sorry. And when did we first receive fundings [sic]? City of Miami Page 46 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Ms. Gomez: Several year -- I know this is at least -- we've done about three years of audits, so I would say at least three years ago, if not four years ago we received it, but I'm going to wait for CIP to come out and talk about that -- the specifics. Commissioner Suarez: Is there anything that we did that prompted this? I mean, is this -- was this prompted by anything that we did or failed to do or was this something that was just a simple requirement of all people who received this grant money; that it was just a standard thing that -- a change in their own procedure? Ms. Gomez: I believe this is a requirement of that program, from the inception of the program, is my understanding. Commissioner Suarez: From the inception? Ms. Gomez: Yes. The building -- we have had -- we have done Building Better Communities audits for the past several years. Commissioner Suarez: Okay. Chair Gort: What's the amount that we received? Ms. Gomez: For the Building Better Communities program, we do not receive any reimbursement. That is funded by the general fund. Chair Gort: No, no. I understand that, but what's the grant of --? Ms. Gomez: Oh. Again -- Chair Gort: What is the amount of the grant? Ms. Gomez: -- I have to defer it to the Capital Improvements Departments 'cause they're the ones that manage this grant. Alice Bravo (Director, Capital Improvement Programs): Good morning. Chair Gort: Yes. Ms. Bravo: Capital Improvements Department. The question -- Chair Gort: And you are? Ms. Bravo: Alice Bravo, Capital Improvements Department. Sorry. Chair Gort: The question is what is the total we receive from the grant. Ms. Bravo: For projects in the past? Chair Gort: Yes. For this year's or -- Ms. Bravo: Well, in the past, the grant from the County helped pay a significant amount of funds for the Grapeland Park, Water Park, and also Little Haiti Cultural Center. We have grants that we received for design towards three drainage projects, Englewood, Northwest, and Palm Grove. Chair Gort: You also allowed to receive a percentage for administration purpose. City of Miami Page 47 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Ms. Bravo: That has not been in the agreement for projects in the past, and that's something that we're going to work into future interlocal agreements. Chair Gort: I think we should because we get charged administration costs just about anything we do with the County, the State, or the federal government. So I think that's something we should look into, and this might be able to pay for some of the audits that's necessary to do. Okay. Any other questions? Commissioner Suarez: Thank you, Mr. Chairman. I just have two last questions on the last two items. One is -- actually, I agree with the third one, that we -- I don't know. Again, I'm not an accountant so I don't know whether that's the appropriate amount, but I do recall making the point at a Commission meeting that we should be auditing our capital improvement projects at the project -specific level. I think that was a great improvement that was implemented by our former City Manager, Carlos Migoya, and it resulted in all kinds of reconciliations that we had not been doing for many, many years. And we have to keep auditing, you know, our books to the maximum extent possible. The last one in terms of contingency -- again, I'm not qualified to answer whether or not $32, 000 is too much of a contingency. Is that something that -- I mean, it looks like a lot 'cause it's about -- you know, it is almost a fifth of the entire amount. Is that a necessary amount? Where did you -- how did you come up with that number? Ms. Gomez: The contingency is just that. It's in the event that we receive a request or a need for an audit, additional test services over the life of the contract, it's just to have an amount available to be used. I don't know if it's a lot or too little because I don't know if there's going to be a need in various departments to use auditing services. So it's dependent on if the need ever arises. If there's no -- ever -- never a need, we will never use those dollars. Commissioner Suarez: But the reverse is also true. If you're a vendor for the City ofMiami and you see that there is contingency money available and you can also continue to -- Ms. Gomez: No. I'd have to disagree because the current audit -- the services that they are performing on our audit, it is a fixed price at $390, 000 for that audit. Commissioner Suarez: Right. Ms. Gomez: As we go into -- if we never need to do additional test work, there's not going to be a reason for them to increase their pricing. It's only if we have a new project, a new grant, let's just say, that needs an audit, we know, more or less, what is reasonable based on previous audits that they have done. Commissioner Suarez: Let me give you an example. Ms. Gomez: Sure. Commissioner Suarez: If the auditing company is auditing our capital improvement projects that we've allocated $30, 000 and they know that we have another $32, 000 in reserves for additional auditing services -- let me finish -- they could -- you know, maybe they would be incentivized maybe to work more hours, bill more hours, et cetera, with the notion that it's not going to come back to the Commission for further scrutiny whether or not they've exceeded their allocation. And that can be done because it's already reserved. Ms. Gomez: I understand that concern. However, we will be signing an engagement letter for that specific audit where it will say that it will not exceed the $30, 000 or it will be up -- you know, whatever that set price is. We do not just have them start doing some work and not telling us how much it is. Same thing with each of the individual program audits; they have given us an City ofMiami Page 48 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 engagement letter that says we will charge you $8, 500 for the BBC (Building Better Communities) audit. They're not going to come back -- or be able to come back and tell me that they now want to charge me 10, 000 for that audit which I agreed -- which we agreed to $8, 500 -- Commissioner Suarez: Right. Ms. Gomez: -- of a cost. So I don't think that that is a concern. This is just availability because if we need to use this contract, any department needs to use this contract, right now we are set -- we are limited to the amount of the award and so we can't without coming back. And that's fine to come back, but sometimes it takes quite some time to get on the agenda and we may not have time to get it on, get all the legal review, everything, get it negotiated and say, okay, this is what we're going to do, you know, and then have enough time to have the actual work done. Commissioner Suarez: So basically what you're telling me is that you feel it's necessary for us to reserve that amount of money. Ms. Gomez: An amount of money, yes, just to have some availability. Typically, the auditing contract in the past has had an amount set for contingency 'cause you just don't know what might come up. Commissioner Suarez: I know that that's a -- I'm not saying that it's not a common practice in the City. I'm just not sure it's a good practice, you know -- Ms. Gomez: I understand. Commissioner Suarez: -- what I'm saying. 'Cause I know it's a common practice that's done in capital improvement projects all over the place. Sometimes it works out well and better because it -- you know, you're able to do things faster. Sometimes, you know, it could be -- I think it can be used -- it could be abused. Ms. Gomez: Sure. Commissioner Suarez: I don't know how everyone else feels about it, you know. Ms. Gomez: Again, in this particular case, we do have individual engagement letters that tell us each job that we're going to do, what it is, and we do compare it against other audits that they are performing or other auditors performing. And it's based on the already agreed upon pricing within the contract that was negotiated through RFP (Request for Proposals) and all of that, selected through RFP so -- Commissioner Suarez: Okay. Thank you. Chair Gort: Thank you. Anyone else? Vice Chairman. Vice Chair Carollo: Mr. Chairman, thank you. Since we're on the contingency, I want to just express that I'm not in favor of it for many, many reasons. Andl don't know if you want to get into the merits of it or not, but I'm not in favor of the contingency so I will not be voting in favor of the contingency. Now with regards to the other audits, I see here you have for FY '09, the Children's Trust, but also for FY '10, '11, and '12. Why --? We'll get into '09, but why '11 and '12? Ms. Gomez: Currently the contract that we have with the external auditors is a three-year contract. That's the legal term of the contract. It is a three-year contract, so therefore the amendment was written as a three-year amendment. It is a -- it's -- the total life of the contract is three years. There is one -- the current year that we are in, and we have two options to renew, City of Miami Page 49 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 which need to be brought back in front of the Commission to renew, but the life of the contract is a three-year contract so, it was just written in a three-year term. Vice Chair Carollo: Okay, but I clearly here have the minutes where I say, so in other words, in April expect at the beginning ofApril for an RFP to go out or at least start working on the new contracts. So in other words, it's going to be a one-year term, and then we're going out for an RFP. AndMr. Martinez actually said absolutely. And any other will have to come back here for Ms. Gomez: Absolutely. Vice Chair Carollo: -- ratification to the Commission. Andl think that the Commission, because it was part of the amendment, was clearly to go out to an RFP so it's a one-year contract. So I'm not in favor of approving 15,500 and the 9, 000 for FY '11 and FY '12. Ms. Gomez: If I may. The -- You're correct, and the Administration is planning to go back out to RFP. And so when we go out to -- back out to RFP, any options to renew and any dollars that had not been used will go away with the new contract that is awarded. However, the contract that was adopted on that meeting was in fact a three-year contract with the directive to go back out to RFP, but it was still a three-year contract. So that is why the amendment was written as a three-year amendment. Vice Chair Carollo: But it was clearly meant for -- or the intent was clearly a one-year contract 'cause we're going back for RFP. Andl think at the request of Mr. Martinez, he requested, Commissioner, don't make it just a one-year, so forth, but yes. Andl clearly have it. I expect you all to go out for an RFP in April. AndMr. Martinez said, absolutely. And any addition to the contract has to come back -- Ms. Gomez: That's right. Vice Chair Carollo: -- to this Commission. So realistically we have a one-year contract unless it comes back to this Commission. Ms. Gomez: Correct. Vice Chair Carollo: So we do not have a three-year contract. Ms. Gomez: The legal form of the contract is a three-year contract. I understand what you're saying and that is the directive that will be followed, but, again, the amendment is just written in the same legal term that the original contract is written -- Chair Gort: The original. Ms. Gomez: -- but I do understand your directive and it is planned to be followed by the Administration. Vice Chair Carollo: Okay. I could tell you not only in a contingency I'm not in favor of voting for FY '11 and FY '12 more funding. So out of the 150, at least for me, for my vote, you got to reduce the 32,000, the 9,000, and the 9,000; that's 18,000 from Better Communities program and then 15,500 and 16,000 from the Children's Trust for FY '11 and '12. Chair Gort: Okay. Vice Chair Carollo: And then come back to us. Now -- and my last question is with regards to the Children's Trust. Why is it that now you're requesting for FY '09 and FY '10? City of Miami Page 50 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Ms. Gomez: From what I understand, the Children's Trust program, they changed their requirements in fiscal '09 to require program specific audits. Typically the City performs a single audit, which covers all their federal and state awards, but sometimes grants require program specific audits, which are individually specialized audits of the program. That -- in the past, the single audit was accepted as the audit requirements or it was believed that it was. In 2000 -- at the end of 2009, it was determined that the Children's Trust needed to have a program specific audit. So that requirement now is forcing us to have a program specific audit. They will cover the charges for having that program specific audit. Now, the 2009 audit has been extended. We -- they gave us an extension through March 31, 2010 in order to complete it because of this -- I would assume because of this confusion, and so we are still within time because this audit will take two to three weeks -- it's not a very heavy engagement -- to get it done by that March 31 deadline and be in compliance with the program. Vice Chair Carollo: Gotcha. So the 15,000 for '09 and the 15,000 for '010 [sic] actually will get reimbursed by the Children's Trust? Ms. Gomez: It will. Chair Gort: Yes. Ms. Gomez: Yes. Vice Chair Carollo: Okay. Couldl make a motion then? Chair Gort: Yeah. Vice Chair Carollo: I make a motion for approval of $68,500, and that is added by the amounts set forth in the schedule given to us for FY 2009 and FY 2010. It's 15,000, 15,000, 8,500, and 30,000, for a total of 68,500. That's my motion. Chair Gort: It's been moved by Vice Chair Carollo and second by Suarez. Now let me understand it. What you're saying is you're moving -- you're making a motion removing the contingency funds. Am I correct? Vice Chair Carollo: We're doing everything for FY 2010 -- Chair Gort: Right. Vice Chair Carollo: -- and 2009. Chair Gort: Correct. Vice Chair Carollo: It's like 68,000. Chair Gort: Okay. Does anybody -- Everybody understands the motion? Commissioner Suarez: Yeah. I just have -- Chair Gort: Any further --? Commissioner Suarez: Yeah, one quick question. Chair Gort: Yes, sir. City of Miami Page 51 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Commissioner Suarez: Aren't we in fiscal year 2011 right now? Ms. Gomez: We are, but we are still auditing fiscal 2010. Commissioner Suarez: Okay. Vice Chair Carollo: Right. Commissioner Suarez: Okay. I just wanted to make sure that we're not -- I guess you're going to -- you can come back with fiscal year 2011 so we can do it timely. That's my concern, that it's done timely. Ms. Gomez: Right. Commissioner Suarez: Okay. Ms. Gomez: When we do an RFP, we will come back with the contract -- Commissioner Suarez: Okay. Ms. Gomez: -- and it will include -- Commissioner Suarez: I gotcha. 'Cause -- that's right 'cause the auditing is done -- Ms. Gomez: Yes. Commissioner Suarez: -- a year after. Okay, thank you. Sorry. Ms. Gomez: Not a problem. Chair Gort: Thank you. Any further questions? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): Excuse me, Chair. I just want the records [sic] to reflect that you do have now a modified resolution, having made those changes to your stated resolution. Vice Chair Carollo: As modified. Chair Gort: As modified, correct. RE.4 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 of Miami Page 52 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 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 Commissioner Dunn II, seconded by Commissioner Sarnoff, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Commissioner Dunn: Can -- I believe this -- RE. 4 is going to be real quick, less than a minute. I think we can take it, if my colleagues would agree. Chair Gort: Less than a minute. Go ahead. Commissioner Sarnoff. RE.4 was withdrawn. Pieter Bockweg: I wouldn't be asking -- Pieter Bockweg, executive director of CRA (Community Redevelopment Agency). I'm asking the board to pull that item. I'll be coming before you in March with the budget of the actuals. The budget before you is the estimated that was approved in July. What will come before you in March is the estimated -- the actuals of the special revenue, plus the operational budget that was approved on October 14. Vice Chair Carollo: Hold on, hold on, hold on. We already started having the discussion beforehand. I thought we were just supposed to rubberstamp it. The CRA board has passed it. So why don't we just --? Why do we keep deferring and deferring it? I mean, it passed December [sic] 14. Aren't we just supposed to rubberstamp it? Why do we keep deferring it? Commissioner Dunn: Mr. Chair, let me ask -- ifI may, Mr. Vice Chair. I believe that just in light of our discussion and dialogue, we want to make sure that we do everything properly and we kind of set the precedent. So I think that's the gesture that we're extending. Vice Chair Carollo: As my colleague, I'll just yield and won't get into it anymore and won't -- but you know where I'm going with this. You clearly see. And in all fairness, my concern is that they are actually acting on a previous budget or however they're doing it. We're four month or whatever into the New Year and we still haven't literally approved their budget, so they're still acting on some other budget andl don't know what salaries they're acting on or allowances or so forth. And what don't want to happen is that they come a few weeks from now or a month from now and say, hey, these are the actuals, approve it, and all of a sudden, what we approve has been some other budget that wasn't really what we did on December 14 [sic]. Mr. Bockweg: Commissioner -- Chair Gort: It won't be. Commissioner Dunn: We know that you'll catch the unreadiness, so we don't have to worry about that. Vice Chair Carollo: All right. Chair Gort: Okey-doke. Vice Chair Carollo: Okay. Commissioner Dunn: We got to make a motion to -- City of Miami Page 53 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 RE.5 11-00060 Office of the City Attorney Priscilla A. Thompson (City Clerk): Yes. Commissioner Dunn: -- withdraw. Chair Gort: (UNINTET,T IGIBT ,F) motion. Commissioner Dunn: Yes. Commissioner Sarnoff.. Second. Chair Gort: It's been moved -- Mr. Bockweg: Thank you. Chair Gort: -- by Commissioner Dunn, second by Commissioner Sarnoff. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. See you at 3. Ms. Thompson: I'm sorry, Chair. What time are we supposed to come back? Chair Gort: 3. Ms. Thompson: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF ALFREDO QUINTANA, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $90,000, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 11-00060 Summary Memo.pdf 11-00060 Funds Availability Memo.pdf 11-00060 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Dunn II R-11-0053 Chair Gort: (UNINTET,T IGIBT ,F) 4 we left has been taken out. We're going to go to RE.5. City of Miami Page 54 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 RE.6 11-00061 Office of the City Attorney Tony E. Crapp, Jr. (City Manager): RE.5 is a settlement, Julie. Julie O. Bru (City Attorney): Yes, Mr. Chair. RE.5 is the settlement. This is a worker's compensation settlement. We're recommending settling all claims in the matter ofAlfredo Quintana for $90, 000. Each of your offices were briefed on this matter personally. Commissioner Sarnoff. Move it. Vice Chair Carollo: Second. Chair Gort: Moved by Commissioner Sarnoff, second by Vice Mayor [sic] -- Vice Chairman Carollo. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Bru: RE.6 is also a settlement. Chair Gort: Let me ask you a question 'cause this is something) asked in the past. Andl requested from the Administration a report of all the payments that we're making in the different -- because of lawsuits in the different departments. Andl want to make sure that we learn from those payments, from those mistakes so that they don't happen again. So my question is -- what I'd like to see the Administration do, if you get the same copies, you go to each department and show them (UNINTELLIGIBLE) has taken place and what they can do so that will not happen again 'cause I keep seeing as I look at your reports -- I read your reports that you send, Ms. Bru, and) read them all and) see a lot of repeating of the same locations. Okay, thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY AT&T COMMUNICATIONS OF THE SOUTHERN STATES, INC., WITHOUT ADMISSION OF LIABILITY, THE SUM OF $200,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF AT&T COMMUNICATIONS OF THE SOUTHERN STATES, INC. VS. CITY OF MIAMI AND MIAMI-DADE COUNTY, PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO.: 02-30570 CA 27, UPON THE EXECUTION BY AT&T COMMUNICATIONS OF THE SOUTHERN STATES, INC., OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 05002.301001.545000.0000.00000. 11-00061 Summary Memo.pdf 11-00061 Funds Availability Memo.pdf 11-00061 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-11-0054 Chair Gort: 6. City of Miami Page 55 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Julie O. Bru (City Attorney): 6 is a settlement of a claim. On this matter, AT&T (American Telephone & Telegraph) Communications versus City ofMiami and Miami -Dade County, this arises out of an audit that Miami -Dade County did in 2002 which revealed that certain telecommunication companies were underpaying the County. The County issued an assessment against AT&T, which AT&T quickly challenged and then cross -claimed -- the County cross -claimed against the City on a theory of constructive trust saying if -- AT&T cross -claimed against the City. If AT&T owes the money to the County, then the City owes it because we paid the City incorrectly. Apparently there was some problem with the way that AT&T was coding the bills to both commercial and residential telecommunication users. And it appears as if the allegation is that the County was underpaid by $1.5 million, or the like, which at this point -- this goes back to 2008 -- with interest, it would be somewhere in the vicinity of almost $2.8 million. In any event, we are reaching a settlement of this claim for an amount of $200, 000. I think you were also briefed on the details. I think this is an excellent settlement. We were carrying this as a potential liability of -- in excess of a million dollars in the book so -- Commissioner Sarnoff. Move it. Vice Chair Carollo: Second. Chair Gort: Been moved and second. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RE.7 RESOLUTION 11-00064 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO THE AUCTION SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND FISHER AUCTION CO., INC., AND THE INTERNET AUCTION SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND LONE STAR AUCTIONEERS, INC., IN SUBSTANTIALLY THE ATTACHED FORM(S), FOR THE AUCTIONING OF AUTOMOBILES (SURPLUS AND CONFISCATED/FOUND), TRUCKS, FIRE -FIGHTING EQUIPMENT AND VEHICLES, HEAVY EQUIPMENT, BOATS, WORK EQUIPMENT, PERSONAL AND MAINFRAME COMPUTERS, OFFICE EQUIPMENT, FURNITURE, JEWELRY, ELECTRONICS, MISCELLANEOUS POLICE CONFISCATED ITEMS AND FOUND PROPERTY, PURSUANT TO RESOLUTION NO. 06-0110, ADOPTED FEBRUARY 23, 2006, TO INCLUDE AN ADDITIONAL ONE (1) YEAR RENEWAL OPTION, IN AN EFFORT TO AVOID AN INTERRUPTION OF ON -SITE AND INTERNET AUCTION SERVICES WHILE A NEW REQUEST FOR PROPOSALS IS BEING SOLICITED, EVALUATED, AND AWARDED. 11-00064 Summary Form.pdf 11-00064 Auction Services Agreement. pdf 11-00064 Internet Auction Services Agreement.pdf 11-00064 RFP.pdf 11-00064 Legislation.pdf 11-00064 Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 56 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-11-0055 Chair Gort: RE 7. Kenneth Robertson (Director): Good afternoon, Commissioners. Kenneth Robertson, Purchasing Department. RE.7 is a resolution authorizing the City Manager to execute amendments to the City's auction services and internet auction services agreements entered into pursuant to resolution 06-0110; to include an additional one-year renewal option in an effort to avoid an interruption of services while a new RFP (Request for Proposals) is solicited, evaluated, and awarded. Chair Gort: Question? Discussion? Vice Chair Carollo: Yeah, I have a question, Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: My question is we should extend this so there's not an interruption in services, correct? Mr. Robertson: Correct. Vice Chair Carollo: Why then didn't anyone from Procurement see this ahead of time and brought it up to our attention that we may want to go to Procurement so we wouldn't be in a situation where let's approve it for another year because, if not, it's going to be an interruption of services? Mr. Robertson: We acknowledged that situation. My office currently has three vacancies at the buyer level, and we thought that this contract had a 120-day extension clause that would allow us to invoke an automatic extension while we do the RFP. That, however, is not true. That's why we're bringing this item to the Commission today. Vice Chair Carollo: I'm sorry. You spoke so low that I really didn't hear you. Could you repeat that, please? Mr. Robertson: The original contract did not have a 120-day extension clause. That normally -- Vice Chair Carollo: Did not? Did not have a --? Mr. Robertson: Did not have a 120-day extension clause that all of our current contracts do have. Therefore, when we began working on the RFP solicitation, we realized that the expiration would come before the new contract was in place. Vice Chair Carollo: And this contract was prior to your -- you being here? So you really didn't Mr. Robertson: Correct. Vice Chair Carollo: Okay, fair enough. Chair Gort: So you're telling us now that we have a system in place that this would not happen again? City of Miami Page 57 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Mr. Robertson: Correct. Our -- Chair Gort: With your existing contracts, not with the -- Mr. Robertson: Yes. Our general terms and conditions have a clause that allow us to automatically invoke a 120-day extension should a new contract or replacement contract not be ready at the time of expiration. Chair Gort: Okay. Any further questions? Discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): I'm sorry. Commissioner Sarnoff. Move it. Ms. Thompson: Thank you. Vice Chair Carollo: Second. Chair Gort: I'm sorry. I thought it was moved. Commissioner Sarnoff move it -- Vice Chair Carollo: Second. Chair Gort: -- second by Vice Chairman Carollo. RE.8. Tony E. Crapp, Jr. (City Manager): RE.8 was deferred. RE.9 was deferred, Mr. Chairman. Chair Gort: That's right, 8 and 9 deferred. RE.8 RESOLUTION 10-01352 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED OCTOBER 25, 2010, PURSUANT TO INVITATION FOR BID NO. 247232, FROM MCINTYRE MAINTENANCE, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR ALL FOUR (4) GROUPS, FOR THE PROVISION OF GROUNDS MAINTENANCE SERVICES CITYWIDE, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 10-01352 Summary Form.pdf 10-01352 Tabulation of Bids.pdf 10-01352Addendum No. 1.pdf 10-01352 Invitation for Bid.pdf 10-01352 Legislation.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II City of Miami Page 58 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 RE.9 11-00084 Office of Strategic Planning, Budgeting, and Performance RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO THOSE LISTED IN RESOLUTION NO. 11-0038, ADOPTED JANUARY 27, 2011, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 11-00064 Summary Form.pdf 11-00084 Legislation.pdf 11-00084 Exhibit.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RE.10 10-01248 Department of Building and Zoning Note for the record: Item RE.9 was deferred to the Commission meeting scheduled for February 24, 2011. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE SETTLEMENT AGREEMENT BETWEEN THE CITY OF MIAMI AND CLEAR CHANNEL OUTDOOR, INC., IN SUBSTANTIALLY THE ATTACHED FORM. 10-01248 Summary Form.pdf 10-01248 Legislation.pdf 10-01248 Exhibit.pdf 10-01248 Summary Form 02-24-11.pdf 10-01248 Legislation Version 2 02-24-11.pdf 10-01248 Exhibit 1 02-24-11.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the record: Item RE.10 was deferred to the Commission meeting scheduled for February 24, 2011. Chair Gort: RE 10. Vanessa Acosta (Assistant Director, Building): RE.10 and 11 are items that go together. They are a second amendment to the existing settlement agreement with Clear Channel and the City of Miami and a lease that runs with the second amendment. The second amendment, there was a scrivener's error in where it says it's seven faces, it's actually 14 faces, which is reflected in the actual agreement. We're looking at 14 additional LED (Light Emitting Diodes) faces of mixed size, poster and bulletin. The bulletin are the full size that you're used to seeing. The poster are the half size. The boards bring with them (UNINTELLIGIBLE) payments to the individual districts, and these 14 new faces will yield 38 takedowns throughout the City, mainly in Commissioner Dunn's district. The separate agreement is for a billboard at the police City of Miami Page 59 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 headquarters. It is to be signed in the form -- similar to the form attached, and it will be for an amount of $80, 000 per year. It is a licensed agreement, not a lease, which is cancelable by either party upon 30 days' notice. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: We're taking this individually, right, RE. 10 and then the police sign, RE. 11? That's why there's two agenda items, correct? And we are now on RE.10? Okay. Chair Gort: Yes, sir. Dusty Melton: Mr. Chairman, members of the Commission, Manager, and City Attorney's office. My name is -- for the record is Dusty Melton. I live at 3430 Poinciana Avenue in Coconut Grove. What is -- what has been frankly irritating for quite a number of years is now becoming intellectually troubling that citizens, mere citizens have to take time off from their regular day to come down and remind the Commission and its Administration and its Law Department what the simple truths about outdoor advertising in the City ofMiami are. And very briefly, the simple truths are these. Since July of 1985, the governing statutes for signs of all kinds in all places in the City ofMiami is the sign code ofMiami-Dade County. The County flexed its home rule charter powers in the summer of '85 and said, we are going to gift every municipality the minimum regulations for signs of all kinds. The City has a municipal sign code, but it's not the governing statute. And this is not something that's open for debate, and everyone in this room and most of the public by now knows it. What's also uncontested and is a simple truth is that in 1994, the County Commission amended its sign code to create ten criteria for programmable signs, such as these LED signs we're talking about today. Two of the ten criteria are that the property on which the sign exists must be an improved site of at least ten acres and that only goods, services, and products that are available on site may be advertised on a programmable sign. The document in front ofyou today specifically says at Section 3.8 that these signs will advertise goods, services, and products that are sold off premises, that are not available on site. This is a clear violation and contradiction of the County sign code. And my best guess is, though I can't prove it, that none of the sites for these proposed LED installations will meet the statutory requirement for a minimum ten acres in size. It is true that the City ofMiami not long ago opted out of a portion of the County sign code. That is Division 5, which says that billboards and murals may not be close to expressways. But opting out of Division 5, which the City did, merely allows billboards and murals to be close to expressways within the City ofMiami. Opting out of Division 5 of the County sign code does not make any of the other divisions go away which govern spacing, the size of billboards and signs, illumination, and most importantly on this matter, the ten criteria for programmable signs. The rule of law has become the punch line of a very, very long running sick joke in the City ofMiami. The rule of law is that T,FDs may not be installed on signs in the City ofMiami if they're advertising goods or services off premises and if the property is not ten acres or more. And you need look no further, Commissioners, Mr. Manager, Madam City Attorney, than the draft ordinance that exists at the County today in the Planning and Zoning Department that would create the protocols to make LED installations on posters and bulletins and billboards legal. This is a draft document. The County has not amended its sign code. Only when that happens will what is before you today be legal. And you may not -- the final truth is you may not make by municipal resolution 10 this day legal that which is manifestly illegal under the governing statute over in the County code. Chair Gort: Thank you, sir. Mr. Melton: And thank you for the time to address you. Chair Gort: Madam Attorney. City ofMiami Page 60 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Veronica Xiques (Assistant City Attorney): Yes, Commissioner. Chair Gort: My understanding you heard the presentation by the gentleman. Ms. Xiques: Commissioner, the opinion of the City Attorney's office has been that the City Code, through its zoning ordinances, allow not just LED signs but all billboards, including on -site and off -site advertisements; that the County -- Miami -Dade County code does not regulate billboards within the City ofMiami because the City ofMiami did opt out, andFDOT (Florida Department of Transportation), the only other entity in the state that regulates billboards, does not have any stance against what the City is doing here today. So the opinion of the City Attorney's office is that this is a legal amendment to the settlement agreement and the license, the separate document that we'll enter into should you approve it in RE.11, is also a legal document. Chair Gort: Thank you. Okay. Ms. Acosta: I have one other request of the Commission. There was a minor technical change in Section 10 of the actual agreement. It said -- that section refers to the signs five, seven, and ten, I believe, to be exact. And what we would like to change is -- this was our intent, but it didn't make it through to this draft -- to have that language refer to all of the signs mentioned in this agreement, not just seven and ten. Chair Gort: Okay, thank you. Question. Commissioner Sarnoff. I'll move it. Commissioner Dunn: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Dunn. Any further discussion? Vice Chair Carollo: Mr. Chairman, yeah, I have some questions. Chair Gort: Yes. Vice Chair Carollo: On 3.1, I see that CCO (Clear Channel Outdoor), which is Clear Channel, shall be permitted to relocate and/or reconstruct up to 14 of its existing signs/structures on Exhibit D of the original agreement to erect. However, I don't have Exhibit D in my backup. I don't know ifI was supposed to -- and again, time was of the essence this past week, so I don't know ifExhibit D -- Ms. Acosta: We asked them -- Vice Chair Carollo: I don't know those locations. Ms. Acosta: -- to clarify not just with a line item but with a pictorial backup, which they provided us, of actually where they're going. And if you'd like, I can show it to you. Vice Chair Carollo: Yeah. I just wish it would have been provided with ample time for me to view it and so forth and not on the dais. Was this provided to all the Commissioners? Ms. Acosta: Just the actual -- the list should be a part of it. The pictures and all of that -- Chair Gort: Excuse me. You need to speak in the mike. City ofMiami Page 61 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Priscilla A. Thompson (City Clerk): You need to restate your answer. Ms. Acosta: The list itself should have been part of the backup. The pictures were not included. Vice Chair Carollo: Okay. 'Cause I see here on the contract, on Exhibit D -- I don't see where Exhibit D is here, so I don't even see where that was included. This is M and L. That's it. It should have been included. I'm not ready to vote on this item. Chair Gort: Okay. Further discussion? Commissioner Suarez: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Suarez: Thank you. I have a question. Have we received any opinion or have we sought the opinion of the County with reference to whether our ordinance or our interpretation of our ordinance is legal? Ms. Xiques: We have requested it, Commissioner. The County Attorney's office has declined to provide any such interpretation. Commissioner Suarez: They declined to provide it? Ms. Xiques: Yes, Commissioner. Vice Chair Carollo: No. I've never heard of that. Commissioner Sarnoff.. No, no. We're not their client. Commissioner Suarez: Their client, per se. Commissioner Sarnoff.. So they will never issue us -- Commissioner Suarez: But we are -- I hear -- I get that we're not their client. However, we're acting, you know, in a city where there appears to be or there may possibly be some conflicts between the way we're interpreting our statute and the way they may interpret their statute. And so you would think that cities within a county could get advisory opinions from the county regarding whether their interpretation of their own statutes are in violation of the home rule, you know, or in violation of their ordinance or the constitution. Commissioner Sarnoff.. I've seen the e-mail (electronic) that the County's responded, and they actually said we do not give advisory opinions. Commissioner Suarez: Is there any other body that we can get an advise --? I mean, is the Florida Attorney General or --? Vice Chair Carollo: I at least would like to speak to my County Commissioner and see, you know, if that's the case because I think what we're asking is something reasonable. I don't think what we're asking is unreasonable. Andl agree with Commissioner Suarez 100 percent. Ms. Xiques: Commissioner, we have done our due diligence in attempting to seek the opinion from the County Attorney's office. As Commissioner Sarnoff said, they were very clear in saying they would not. The only other avenue for seeking an advisory opinion in Florida is the state attorney general. However, the state attorney general only opines as to the laws of the state of Florida, not the laws of the individual municipalities or counties within the state. So City of Miami Page 62 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 unfortunately, it just -- it's not a good answer, but the answer would be the opinion of your City Attorney's office and your City Attorney is that these are legal documents, they are -- they've been vetted, the business terms have been negotiated not just through the Administration, but individually through the Commissioners that are impacted, so our opinion will continue to be, until we are told otherwise by the County or by a court having the legal authority to tell us, is that these documents are legal and you have complete authority to move forward on them. Commissioner Suarez: And we haven't -- Mr. Chairman, may I? Chair Gort: Yes. Commissioner Suarez: We haven't been sued by anyone claiming that our operation of our statute is illegal? Ms. Xiques: These settlement agreements stemmed from lawsuits with Clear Channel -- Commissioner Suarez: Right. Ms. Xiques: -- National Advertising, which is now CBS -- Commissioner Suarez: Right. Ms. Xiques: -- and Carter, and these are the settlement agreements that were reached with those parties so that there would be no further challenges to our sign ordinances. And since then -- I mean, we're talking the early '90s, we have proceeded in this manner and we continue to stand behind our documents and our legal opinion that these are legal measures that you would be adopting. Commissioner Suarez: Is there --? And maybe this is a question for Mr. Melton, who may know about the County procedure more intimately than what we do. Is there any indication as to when that County ordinance will be adopted? Is there any timeframe? Mr. Melton: I can't speak for the Administration, but I think that -- Commissioner Suarez: Of course. Mr. Melton: -- there -- it's under legal review in the County Attorney's office and probably near term measured in months. Commissioner Suarez: So -- Mr. Melton: I will say that Vice Chairman Carollo has kind of figured out there's an easy way to skin this opinion cat and that is if a County Commissioner requests an opinion. A County Commissioner, as a client, will get one in a hurry. And I, with all due respect to your City Attorney's office, I'm confident what that opinion will state. I could be mistaken, but that's the way to find out. Commissioner Suarez: But you're also con -- I mean, correct me if I'm wrong because I thinkl -- andl don't mean to put words in your mouth, but just based on what you said, you seem confident that if the County does enact that ordinance, then there will not be any issue. Mr. Melton: If the County were to enact the draft LED ordinance -- Commissioner Suarez: Correct. City of Miami Page 63 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Mr. Melton: -- which is something that has been negotiated principally by Clear Channel Outdoor, they are a party to what's happening at the County, they seek it to make these T,FDs legal because they understand the County code. If it is approved, then these installation will at that moment in time be legitimized and legalized. But between now and that day or if it's not approved, then they're manifestly illegal and in violation of the County code, notwithstanding the -- in my opinion -- in my respectful opinion. Commissioner Suarez: Right. Chair Gort: Thank you -- Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff. What we could do -- and want to phrase this such that don't want to suggest in any way, shape or form our City Attorney is wrong 'cause I don't think she is -- but what we could do is do a resolution, bring it back to us here for the next Commission, resolving and asking the County to move forward with the new ordinance, showing our support for it because it would take any allegation or any complaint by anyone that they could have that what we're doing is inappropriate. But by doing the resolution, I don't want to suggest in any way, shape, or form that we're in doubt of our rights. Ms. Xiques: You wouldn't be waiving your rights. However, any time that you're asking the County to take any particular action, you can ask, but because they are the County, you're simply making a request and they can move on their ordinance, which is only a draft, this week -- Commissioner Sarnoff. Right. Ms. Xiques: -- or they can move -- Commissioner Sarnoff. We did that -- Ms. Xiques: -- in five months and -- Commissioner Sarnoff. -- with the mural ordinance. Ms. Xiques: Right. And in the meantime, you are not moving forward on something that the Administration is recommending to you as a beneficial agreement to the City. Commissioner Suarez: What is -- then that's -- I was kind of going to go there. I was going to go there now, which is -- the next question you start to think about as a lawyer is who's being aggrieved if we were to enact this today. Who's going to be aggrieved and what's going to be the consequences of acting or not acting in terms of what would be --? Is there a fiscal impact to the City if we didn't act immediately? Is there not a fiscal impact to the City if we were technically --? You know, if somehow somebody interpreted it to be illegal, would that -- who would be aggrieved by that? In other words, who would be able to say that, you know -- and what would be the consequence of that? Ms. Xiques: Well, the agreement sets forth particular payments that are to be made upon the permits for LEDs being granted. There's different amounts based on the amount of permits, so there would be a fiscal impact. The Administration would be able to tell you specifically the amounts. And then dependent district that would receive what we called the neighborhood enhancement payments would also not receive those payments, but they can better speak to the amounts. City of Miami Page 64 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Yeah, but we're talking two weeks. If we defer this to the next Commission meeting, we're talking two weeks. And you're talking to a Commissioner that sat here and asked why can't we defer those media towers. And everyone started screaming jobs, jobs, and all this and all that. I don't see what could have hurt deferring it those extra two weeks or whatever it was. But anyways, so once again, I don't see the harm in deferring it for two weeks and getting some of this, you know, questions cleared up. And by the way, I have more questions. Commissioner Dunn: Mr. Chairman. Chair Gort: Commissioner Dunn. Commissioner Dunn: I want to look again. I'm asking Madam Attorney, given the stalemate -- the appearing stalemate that we have, procedurally what way could we move forward where there would not be, I guess, in the words of my colleague, Commissioner Sarnoff, any possible consequences to --? I mean, what would you recommend to us? Ms. Xiques: Commissioner, because the CityAttorney's opinion continues to be that these are legal documents, it would be our recommendation that you approve the documents. Should the County or any court having authority to say otherwise take any action, then obviously the documents would be void, any funds that the City received would probably have to be returned or there'd be a proration. There'd be some sign -- sort of agreement that we would come to with the sign companies. But until that happens, these are documents that you can act on. Commissioner Dunn: So Mr. Chair -- Chair Gort: Yes. Commissioner Dunn: -- one more. So meaning, if we move forward, the only thing they could do is reject it? Ms. Xiques: Absolutely. Should -- Commissioner Dunn: Would there be any liability type consequences attached to that? Ms. Xiques: There wouldn't be any liability in excess of the monies that you receive from Clear Channel. If something happened and we had to return some monies, we would have to return the monies, but that's not the current state of the law, and it is the recommendation of the Administration to move forward on these documents. Ms. Acosta: If -- Chair Gort: Commissioner Sarnoff. Commissioner Sarnoff.. You know, Mr. Chair, there are two T,FD billboards I'd like to thinkl had a lot to do with them. I'd like to thinkl had a lot to do with the design of them. I've been contacted by the mayor of Dallas and I've been contacted by two other people asking for the design criteria that we created for the actual furnishings, which, for anyone who wants to know, came from Dubai, in terms of an award -winning outdoor furnishing. We actually have two LED billboards that I know of existing in Miami now and have been existing for probably close to a year -- three years, four years? City of Miami Page 65 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Unidentified Speaker: No, four billboards. Commissioner Sarnoff. Oh, four bill -- oh, so there are four. So the camel's nose is already in the tent. All I'm suggesting -- and I will absolutely honor Commissioner -- sorry, the Vice Chair's request because I think we do this as a juridic body and out of our colleague 's concern, he hasn't been able to read anything and he's got some questions, to bring this to the next Commission meeting for the vote. But I think there is a prophylactic measure you could take. There's nothing wrong with supporting our City Attorney and saying her opinion is right and also asking the County to take one further measure and to pass an ordinance that clearly takes any uncertainty out of a situation and place it into a certain position. It's not like if we act next week and we give Clear Channel the ability to do what, if this Commission decides is in the City's interest to do so -- we've already done it for four other billboards. We've already -- and remember, it's an 8 -- it's a 4-1 -- it becomes a 4-1 swap. You take four billboards away for every one LED billboard, and that really cleans the City up. That's the policy decision you have to make. Also, there's an aesthetic; you have to like it, dislike it, whatever it is you might see. Equally, as you know, each billboard gets 10 percent of its time for a public service announcement. So the T,FDs do serve an additional function, and the last function they equally serve is they will -- they allow for Amber alerts. So in the event a child is missing, it immediately goes up on the billboard and affords every police officer in Miami -Dade County the opportunity to get a look at that child, the car that was last seen, the person that was last seen and create an Amber alert. So they have a lot more benefits than I think they have burdens. That's just my opinion. But I think we could take a prophylactic measure, give the Vice Chair the time he needs to get his answers -- his questions answered, and we can also, by the next Commission, have a resolution drafted asking the County to proceed forward. Chair Gort: Let me ask a question. Do we have any problem on postponing this two weeks? There's no urgency to approve this today? Ms. Acosta: The Administration -- Johnny Martinez (Assistant City Manager/Chief of Infrastructure): I don't believe that the County will pass an ordinance in -- Chair Gort: No. I -- Mr. Martinez: -- a week. Chair Gort: -- understand that. I'm going to go into -- my decision is the Vice Chairperson have asked for a postponement to next meeting. Vice Chair Carollo: Two weeks. Chair Gort: It should be in two weeks. Am I correct? I understand that. I don't think the ordinance in the County -- knowing how they move, they're not going to do anything for the next five, six month or maybe a year or maybe two years. Andl think in the meantime, if we're waiting for that, we're going to be losing income and these people -- let's face it. This Administration, along with the industry, along with the State and a lot of individuals have been working real hard to try to come up with a conclusion and to an agreement bringing all these people together. It has not been easy. It's been a task that we have to really congratulate the Administration for the work they've done and the industry for cooperating with the Administration. I don't have any problem bringing it back next week. My understanding the Vice Chairperson will look at the sites that he just got introduced today and he wants to ask some other questions. City of Miami Page 66 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Vice Chair Carollo: And thank -- by the way, thank you. I thank all of my colleagues. It's something that I think -- you know, I really do believe up here we work as a team. As a matter of fact, I'll be honest with you. We early withdraw an item, which I really did not want to, andl was really in a catch-22 because my normal way of thinking was if my fellow Commissioner wants to withdraw or to defer or so forth, I'm with him. And at the same time I was saying, shoot, but we still haven't passed a budget. I mean, what are the implications of that? What are --? You know, so I was really struggling with it. But again, I thank all of you because once again, you know, up here we work as a team, andl really don't see the harm of two weeks so -- Commissioner Suarez: Can I say something? I think -- Chair Gort: Yes. Commissioner Suarez: Is it -- should we maybe in the meantime pass a resolution requesting that the County Commissioners who represent the City of Miami request from the County Attorney an opinion and attach our opinion --? Commissioner Sarnoff.. She's already done that. What you would -- the best thing you could do now -- Vice Chair Carollo: Right. Commissioner Sarnoff.. -- is for each of us to go our respective Commissioner and ask them -- 'cause he has the right as the client -- Vice Chair Carollo: Exactly. Commissioner Suarez: Right. Commissioner Sarnoff.. -- to get that opinion. Vice Chair Carollo: Exactly. Commissioner Suarez: Yeah. It's really the same thing, but -- Commissioner Sarnoff.. It's not. They won't listen to us. Our resolutions mean nothing in terms of getting an opinion from them. Commissioner Suarez: Okay. Julie O. Bru (City Attorney): We did that already. Commissioner Suarez: No. I -- Ms. Bru: I believe we have a resolution already. Commissioner Sarnoff.. We do. Ms. Bru: -- where we had asked the County -- Commissioner Sarnoff.. We did it already. Ms. Xiques: We have a resolution and -- Commissioner Suarez: By the way, the resolution wouldn't be to the County Attorney's office. City of Miami Page 67 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 The resolution would be to the County Commissioners. But regard -- Ms. Bru: We addressed the County Commission. Commissioner Suarez: And it was ignored? Okay. Ms. Xiques: And the response came from the County Attorneyss office advising us that they would not give us an opinion. Commissioner Suarez: So what makes us think it's going to be any different now just because we're going to --? Commissioner Sarnoff. No, no, no. The resolution I'm asking for is something different. I'm saying why don't we ask the County Commission to pass an ordinance that takes all color away of any kind of impropriety on the part of the City. Commissioner Suarez: I mean, I have no problem with that. Ms. Xiques: Commissioner -- Chair Gort: I don't have any problem with that, but knowing the Administration and how they -- Commissioner Suarez: Yeah. It may take forever. Chair Gort: -- work, how long is it going to take -- Commissioner Sarnoff. Here's a better way of saying it. Chair Gort: -- for the Commissioners -- Vice Chair Carollo: Two weeks. Ms. Xiques: Again, Commissioner, that's not something that the City Attorney office would recommend that you do. The position of the City Attorney office, who are your attorneys, are that the current state of the law, both the County ordinances, the City ordinance, and the state statutes are very, very clear on what you can and cannot do, and the opinion of the City Attorney office is that you can consider and adopt, should you wish to adopt, the business and policy decisions in these documents. By going to the County, you're essentially opening yourself up for something that doesn't exist. This is the second amendment to a settlement agreement. The first amendment already -- the original agreement allowed signs to be put up in the City. The first amendment allowed LED signs to be put up in the City. As Commissioner Sarnoff has very correctly pointed out, we have two LED signs within the City, and they've been up for over two years. This has never been challenged. And by asking someone to give you an opinion, you don't know what your response is going to be. Commissioner Sarnoff. But I don't think we're asking for an opinion. Now let me state it as clear asI can. Why don't we resolve -- and I'm not saying we do it today. Why don't we bring it next, you now, two weeks so that everybody can read it and comment and make some changes -- and you would have time to fashion something because I don't want to get you in an estoppels position either -- to ask the County to pass -- maybe we look at the proposed draft legislation and we resolve as a city that they actually promote and pass that legislation. Ms. Xiques: It would still be our opinion that such measures are not needed because we are of the opinion that these documents contain terms that are illegal. And it's just not -- it wouldn't be the recommendation of the City Attorney office. City of Miami Page 68 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Commissioner Sarnoff.. Well, here's my -- is it okay? Commissioner Suarez: Mr. Chairman, may I -- Chair Gort: Yes, go ahead. Commissioner Suarez: -- jump in, please? Chair Gort: Do you yield? Commissioner Sarnoff.. I'll yield. Commissioner Suarez: Okay. You seem very -- Commissioner Sarnoff.. My younger colleague. Commissioner Suarez: -- confident in your position, which is fine. And so I'm going to take -- I'm going to listen to our advice from our counsel. Our counsel seems very, very, very, very, very, very confident that -- our City Attorney's office seems very confident that they're right and that the County's wrong or that the County -- or that anyone else who may be interpreting the County is wrong. So, you know, if our City Attorney is that confident -- I don't know if I've been so confident about many things in the legal field in my life, graduated from a pretty good law school with pretty good grades, but that's fine. I listen to my City Attorney. She says she's confident about it, and the City Attorney's office is confident about it; I'm confident about it. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: However, that's not the other -- the only issue. Commissioner Suarez: Right. Vice Chair Carollo: And with these two weeks that we have, if we defer this, I reserve my right to go to my County Commissioner, even though, yes, you could have all the confidence in the world. I still haven't gotten an answer why, if we're supposed to rubberstamp the RCA contract, we've withdrawn it and we still don't have it approved, andl'm not going to push you on that, but I still haven't received an answer for that. But anyways, the bottom line is that, you know, I think two weeks -- because it's not -- that's not the only issue. I think there's other issues and -- or questions that have, you know, andl would really like those extra two weeks to go through them. Chair Gort: Okay. Let me hear -- Commissioner Sarnoff.. Mr. Chair. Chair Gort: --from Clear Channel. Commissioner Sarnoff.. Here's my issue with this andl'm reasonably confident that we have a City Attorney's opinion that's going to say we can do what we want to do. I'm equally reasonably confident -- and we have a 30 person staff. I'm also reasonably confident that the County is going to say we can't do what you want to do, andl think they have a 130-person staff. Now I don't care that we only have 30 and they have 130. We could still be dead right. But why not, in the event that it doesn't harm us in any way, shape or form, providing it doesn't, ask them City of Miami Page 69 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 to, by resolution of this Commission, pass the amendment to their sign code so that in the event they do it, any argument -- so we never see Dusty Melton up here ever again; so that this man gets to work, go to the County and lobby who he needs to lobby, so that the argument is completely taken away. I mean, I'm an attorney -- Commissioner Suarez: That was kind of -- Commissioner Sarnoff. -- and you're an attorney and -- Commissioner Suarez: -- my perspective in going down this road of -- Commissioner Sarnoff. Andl hear their confidence. Commissioner Suarez: Right. Yeah. Commissioner Sarnoff. But you andl both know as lawyers -- Commissioner Suarez: Yes. Commissioner Sarnoff. -- there is no right and wrong in law. It's the day. Commissioner Suarez: Whatever a judge says -- Commissioner Sarnoff. It's whatever it is that day. Commissioner Suarez: -- on a given day. Commissioner Sarnoff. Right. Commissioner Dunn: Mr. Chairman. Andl really feel boxed in with all of this legal, technical, meticulous language, but believe the best way to do this, I will grant my colleague a deferral, then that way it's no action and it's not really -- Would two weeks hurt us? Ms. Acosta: From the Administration's perspective, no; from the other party negotiating with us, I'm not sure. Chair Gort: Yes, sir. Jorge Navarro: Thank you so much, Mr. Chairman, Commissioners. Jorge Navarro, from the office of the Lasarte law firm on behalf of Clear Channel Outdoor. I just wanted to clarify that we are following the same process that we followed in the past with respect to the other amendments. This is the same process which is provided for under your new billboard ordinance. Obviously, the City Attorney's office has reviewed this and found that it's legally sufficient. If not, they wouldn't allow you to move forward. Our amendment and our agreement has not been challenged by any of the other competing billboard operators. You know, we think this is a great project for the City. It's going to not only reduce a number of billboard structures within your city neighborhoods, but also it's going to generate revenue for the City. So we would respectfully request for this Commission to consider approving the item and not deferring it at this time. And as your City Attorney's office said, if an event was ever to come up where this agreement is found to be in violation of any laws, it would just be voided. But at this time, the City Attorney's office feels confident, we feel confident it complies with your City ordinance and with the state law and we would, you know, request that this item be approved at this time. Chair Gort: Look, let me tell you. The courtesy of this office is any one Commissioner requests a deferral, it's automatically granted, andl want you to be aware of that. I don't think two weeks City of Miami Page 70 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 will make that much difference. I think you've heard the argument of all of us. I believe the Vice Chairperson was presented with some document and he's one person that requires that the document be in front of him five or six days before the decision is to be made. So it's a courtesy to him, and I'm sure we're not going to have any problems with the next two weeks we'll have it back -- Mr. Navarro: Okay. Chair Gort: -- hopefully. Commissioner Dunn: Okay, second. Chair Gort: Do I have a motion? It was made -- motion by Vice Chairman Carollo, second by Commissioner Dunn. Any further discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. Commissioner Sarnoff. Mr. Chair. Chair Gort: You got 11. Yes. Commissioner Sarnoff. Can I then make a motion, and just see if it goes anywhere, that this City Commission resolve that we have the City Attorney look at the ordinance that's being proposed, draft a resolution in support of it -- Well, let me finish before you object. Even my colleagues on the other side of the V give me that courtesy -- and that we have the opportunity in the event we deem it advisable in the next Commission meeting, that we make a resolution supporting the draft of that resolution -- of that particular ordinance. Now, I haven't read it from beginning to end. I don't think any of you have either, but it takes any colorable challenge away. Commissioner Suarez: Second. Chair Gort: Move and second. Discussion? I'm not an attorney, so -- Vice Chair Carollo: Well, that's my issue. For the most part, I yield to Commissioner Sarnoff with the legal and Commissioner Suarez. However, I don't feel comfortable with this. I'm skeptical. So although I want to support you, I'm skeptical because if someone -- if the Miami Herald would ask me, Frank, do you know what you just voted for, I would struggle answering that question andl never want to be in that position. Every time that make a vote, I can justify my position why I voted one way or the other. And this way it would be I followed the guidance 100 percent of my colleague. You know -- Commissioner Sarnoff. I got you. Let me ask the City Attorney. Do you have a problem with that? Ms. Xiques: The only issue that we have with that is that it is, as you well know, a draft ordinance and a draft ordinance can be changed at any moment until it's adopted. Commissioner Sarnoff. Well -- Ms. Xiques: We can look at the current draft -- Commissioner Sarnoff. Right. Ms. Xiques: -- and bring something to this body that would allow the City to recommend the passage of the particular draft as it is drafted at the time that you take a vote, but if between your City of Miami Page 71 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 vote and the time that it goes to the County board, your resolution would technically be moot because that would no longer be the ordinance that the County board would be considering. Commissioner Sarnoff.. No, not necessarily, counsel. What it would be would be a resolution on behalf of this Commission on whatever the wording, terms and conditions of the ordinance that we reviewed would be. Now they choose to amend it, change it, do whatever they want to do, that's their druthers. But my only concern is anything we do, whether it could be viewed as judicial estoppels, promissory estoppels, or any kind of equitable estoppels, that if we take a position that we're in any kind of doubt of our ordinance, that this would affect it. Because otherwise we can resolve to do anything, and as they say, it's like buying a second insurance policy. Ms. Bru: IfI may, Commissioner. I think that the City has done a lot already to build a case to substantiate and uphold what we're doing. We have in the past requested that the County advise us. They've refused to do so. We have then acted in reliance on their silence and inaction and there are people that are spending money and we have taken action on it. So your ordinance and your resolutions have a presumption of validity unless a court says otherwise. We're giving you our opinion as to the interpretation of our authority, and I think at this point you are authorized to act on the matter that is before you. Commissioner Suarez: Mr. Chairman, ifI may? Chair Gort: Yes. Commissioner Suarez: And that's why I kind of flip flopped on this in the middle of the discussion, which is when the City Attorney said, A, that she's very confident of their interpretation of the law; B, that this is not the agreement this is an amendment to the agreement which was already amended once before. So, in other words, it's something that -- it's a process that's been ongoing for a time. You know, Commissioner Sarnoff also mentioned that -- andl do know and they're very, very nice -- there's already several LED boards up. This will also reduce billboards. It will get more money into the City. I believe some of it will go to charity, so there's a lot of good things and a lot of good reasons to move forward with this. And think Mr. Melton came up -- and I know there are other questions and concerns that the Vice Chairman has, so I think those things are separate and apart from what we're talking about. You know, Mr. Melton brought up a point about their being potentially a conflict of law. Your position is adamant that it is not? Chair Gort: Yeah. Commissioner Suarez: And I'm willing to accept it. I mean, you're basically telling me that you're certain. Ms. Xiques: Yes, Commissioner. Commissioner Suarez: So -- Ms. Xiques: The City Attorney's office is certain that it is our -- Commissioner Suarez: -- I'm willing to accept that. I mean, there may be other issues, but I'm willing to accept that. Vice Chair Carollo: All right, so maybe the deferral is because I asked my colleagues -- Commissioner Dunn: Yeah. City of Miami Page 72 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Vice Chair Carollo: -- since the information was after the fact -- Chair Gort: Right. Vice Chair Carollo: -- andl didn't want to invoke the -- Commissioner Suarez: Right. Vice Chair Carollo: -- five-day rule and all that stuff -- Commissioner Suarez: It's fine. Vice Chair Carollo: -- I just asked my colleagues if they would defer it and the deferral wasn't necessarily for the legality, but, you know, for -- Commissioner Dunn: Yeah. Vice Chair Carollo: -- some of this information that l just received. Chair Gort: That's my understanding of the deferral. Commissioner Dunn: Yeah. Chair Gort: Commissioner Dunn. Commissioner Dunn: I -- really, that's whatl was going to say. It was a collegial courtesy, that's it, basically. Commissioner Suarez: Right. Commissioner Dunn: But I'm tending to lean with my colleague, you know. I -- the other lawyer on the dais, Commissioner Suarez. We have to at some point, you know, kind of trust the judgment and recommendations. Commissioner Sarnoff.. So -- but we have a motion and we had a seconder. If the seconder withdraws it, I'm in a comfortable position so that in the event this ever turns around and goes south on us, I at least made the motion. Commissioner Suarez: Didl second it? Commissioner Dunn: Yes -- Commissioner Sarnoff.. You did. Vice Chair Carollo: Yeah. Commissioner Dunn: -- you did. Chair Gort: Withdraw it. Commissioner Suarez: Let's see. Extract a lunch out of this. Vice Chair Carollo: No. Commissioner Suarez: I withdraw. No lunch, no lunch. City of Miami Page 73 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Vice Chair Carollo: No. Commissioner Suarez: I withdraw. Chair Gort: No second. Commissioner Sarnoff. All right. Chair Gort: Okay. Commissioner Sarnoff. Thank you. Chair Gort: My understanding is -- I'm not an attorney, butl thinkl understand a little bit about government. And when you have a draft ordinance, that draft ordinance can go back and forth for months and for years, and don't think the City ofMiami should be hold hostage because of this. I think we have to have confidence in our attorneys, their opinion, and the only reason we're deferring this is because a courtesy to one of the Commissioners, which my understanding has always been standing here that any one Commissioner that asks for a deferral automatically it's given to that individual. So with that thought, we have a motion to defer. Commissioner Suarez: No, we had that motion. We've already done that. Chair Gort: We already passed that. Ms. Thompson: Yes. That's correct. Commissioner Sarnoff. We already raised it. Chair Gort: We handled that one, okay. Vice Chair Carollo: We're beyond that. Commissioner Sarnoff. And the reason -- and just so it's -- yeah. Commissioner Suarez: Oh, I'm sorry. That's right. Chair Gort: Now we go to -- Commissioner Suarez: I was withdrawing my second of your motion. Commissioner Sarnoff. For -- right. Chair Gort: That's it. No more motions. Commissioner Suarez: I gotcha. Sorry, yeah. Commissioner Sarnoff. Asking that we resolve to come up with a draft. Commissioner Suarez: Yes. RE.11 RESOLUTION 11-00035 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Building and Zoning ATTACHMENT(S), AUTHORIZING THE PLACEMENT OF A BILLBOARD AT City ofMiami Page 74 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 THE CITY OF MIAMI POLICE DEPARTMENT HEADQUARTERS; AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CLEAR CHANNEL OUTDOOR, INC., AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE. 11-00035 Summary Form.pdf 11-00035 Legislation.pdf 11-00035 Exhibit 1.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the record: Item RE.11 was deferred to the Commission meeting scheduled for February 24, 2011. Chair Gort: RE.11. Veronica Xiques (Assistant City Attorney): Commissioner Gort, RE.11 is a companion item to RE.10. Since you have deferred this -- RE.10 for two weeks, you should take the same action on RE.11 so that you can consider them -- Chair Gort: Okay. Ms. Xiques: -- at the next meeting. Vice Chair Carollo: Move to deferral. Commissioner Dunn: Second. Chair Gort: Thank you. Moved by Vice Mayor -- Vice Chairman Carollo and second by Commissioner Dunn. Any questions? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. END OF RESOLUTIONS BOARDS AND COMMITTEES BC.1 RESOLUTION 11-00062 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: Mayor Tomas Regalado Mayor Tomas Regalado Mayor Tomas Regalado Mayor Tomas Regalado City of Miami Page 75 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 BC.2 10-01297 Chairman Wifredo (Willy) Gort Vice Chairman Frank Carollo Commissioner Richard Dunn II 11-00062 Arts CCMemo.pdf 11-00062 Arts Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Vice Chairman Carollo, seconded by Commissioner Sarnoff and was passed unanimously, to continue the item to the March 10, 2011 Commission meeting. Note for the Record: Please refer to Order of the Day for minutes referencing item BC.1. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. BC.3 10-00799 Office of the City Clerk APPOINTEES: 10-01297 Audit CCMemo.pdf 10-01297 Audit Current_Board_Members. pdf NOMINATED BY: Chairman Wifredo (Willy) Gort Commissioner Francis Suarez Commissioner Richard Dunn II Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Vice Chairman Carollo, seconded by Commissioner Sarnoff and was passed unanimously, to continue the item to the March 10, 2011 Commission meeting. Note for the Record: Please refer to Order of the Day for minutes referencing item BC.2. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. City of Miami Page 76 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 BC.4 11-00063 APPOINTEE: NOMINATED BY: Michael Jackson Joseph Commissioner Richard Dunn II 10-00799 Bayfront CCMemo.pdf 10-00799 Bayfront Current_Board_Members.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-11-0052 A motion was made by Vice Chairman Carollo, seconded by Commissioner Sarnoff and was passed unanimously, to continue the item to the March 10, 2011 Commission meeting. A motion was made by Commissioner Suarez, seconded by Commissioner Sarnoff and was passed unanimously, to continue the item to the March 10, 2011 Commission meeting. Note for the Record: Please refer to Order of the Day for minutes referencing item BC.3. Priscilla A. Thompson (City Clerk): Okay, then that means that we start off with BC.3. Would that be correct? Commissioner Dunn: Yes. Ms. Thompson: Okay. On BC.3, we have appointments -- if Commissioner Dunn wants to go ahead and make his appointment. Commissioner Dunn: Yes, Michael Jackson Joseph. Commissioner Sarnoff.. Move. Commissioner Suarez: Second. Chair Gort: There's a motion and a second. Is there any discussion? Being none, all in favor, state it by saying "aye." 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 COMMISSION ON THE STATUS OF WOMEN FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Lyse Cuellar -Vidal Commissioner Francis Suarez 11-00063 CSW CCMemo.pdf 11-00063 CSW Current_Board_Members.pdf City of Miami Page 77 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Motion by Commissioner Sarnoff, 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-11-0059 A motion was made by Vice Chairman Carollo, seconded by Commissioner Sarnoff and was passed unanimously, to continue the item to the March 10, 2011 Commission meeting. A motion was made by Commissioner Suarez, seconded by Commissioner Sarnoff and was passed unanimously, to continue the item to the March 10, 2011 Commission meeting. Note for the Record: Please refer to Order of the Day for minutes referencing item BC.4. Priscilla A. Thompson (City Clerk): Then we move -- Commissioner Suarez: I like the name. Ms. Thompson: -- on to BC.4. Commissioner Sarnoff.. That's you. Ms. Thompson: That's your Commission on the Status of Women. Commissioner Suarez: Lyse or L-Y-S-E or Lyse Cuellar, C-U-E-double LA-R. That's my motion. Commissioner Sarnoff.. Move. Second. Vice Chair Carollo: Second. Commissioner Dunn: Second. Chair Gort: It's been moved by Commissioner Sarnoff -- Commissioner Suarez: Aye. Commissioner Dunn: Aye. Chair Gort: -- second by Commissioner Dunn. All in favor, state it by saying "aye. The Commission (Collectively): Aye. BC.5 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: NOMINATED BY: Vice Chairman Frank Carollo City of Miami Page 78 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 BC.6 10-00011 Vice Chairman Frank Carollo Commissioner Richard Dunn II 10-00829 CRB CCMemo.pdf 10-00829 CRB Current_Board_Members.pdf 10-00829 CRB Resumes.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the Record: Please refer to Order of the Day for minutes referencing item BC.5. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Vice Chairman Frank Carollo Commissioner Marc David Sarnoff 10-00011 CTAB CCMemo.pdf 10-00011 CTAB Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Vice Chairman Carollo, seconded by Commissioner Sarnoff and was passed unanimously, to continue the item to the March 10, 2011 Commission meeting. A motion was made by Commissioner Suarez, seconded by Commissioner Sarnoff and was passed unanimously, to continue the item to the March 10, 2011 Commission meeting. Note for the Record: Please refer to Order of the Day for minutes referencing item BC. 6. BC.7 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: City of Miami Page 79 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 BC.8 10-01298 Chairman Wifredo (Willy) Gort Chairman Wifredo (Willy) Gort Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Marc David Sarnoff Commissioner Richard Dunn II AFSCME 871 FOP 10-00825 EOACCMemo.pdf 10-00825 EOA Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Vice Chairman Carollo, seconded by Commissioner Sarnoff and was passed unanimously, to continue the item to the March 10, 2011 Commission meeting. A motion was made by Commissioner Suarez, seconded by Commissioner Sarnoff and was passed unanimously, to continue the item to the March 10, 2011 Commission meeting. Note for the Record: Please refer to Order of the Day for minutes referencing item BC.7. RESOLUTION 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 EO WAIVER Current_Board_Members.pdf BC.9 11-00065 NO ACTION TAKEN RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City of Miami Page 80 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Mayor Tomas Regalado 11-00065 Finance CCMemo.pdf 11-00065 Finance Current_Board_Members.pdf NO ACTION TAKEN BC.10 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. BC.11 11-00066 APPOINTEES: NOMINATED BY: Vice Chairman Frank Carollo Commissioner Richard Dunn II 10-00766 Health CCMemo.pdf 10-00766 Health Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Vice Chairman Carollo, seconded by Commissioner Sarnoff and was passed unanimously, to continue the item to the March 10, 2011 Commission meeting. A motion was made by Commissioner Suarez, seconded by Commissioner Sarnoff and was passed unanimously, to continue the item to the March 10, 2011 Commission meeting. Note for the Record: Please refer to Order of the Day for minutes referencing item BC.10. RESOLUTION 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: Vice Chairman Frank Carollo (Citizen) Vice Chairman Frank Carollo (Architectural Historian) City of Miami Page 81 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Motion by Vice Chairman Carollo, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Vice Chairman Carollo, seconded by Commissioner Sarnoff and was passed unanimously, to continue the item to the March 10, 2011 Commission meeting. Note for the Record: Please refer to Order of the Day for minutes referencing item BC.11. BC.12 RESOLUTION 11-00067 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: Mayor Tomas Regalado Mayor Tomas Regalado Vice Chairman Frank Carollo Commissioner Francis Suarez Commissioner Richard Dunn II 11-00067 Homeland CCMemo.pdf 11-00067 Homeland Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Vice Chairman Carollo, seconded by Commissioner Sarnoff and was passed unanimously, to continue the item to the March 10, 2011 Commission meeting. A motion was made by Commissioner Suarez, seconded by Commissioner Sarnoff and was passed unanimously, to continue the item to the March 10, 2011 Commission meeting. Note for the Record: Please refer to Order of the Day for minutes referencing item BC.12. BC.13 RESOLUTION 11-00068 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: City of Miami Page 82 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Commissioner Marc David Sarnoff 11-00068 MIC CCMemo.pdf 11-00068 MIC Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Commissioner Suarez, seconded by Commissioner Sarnoff and was passed unanimously, to continue the item to the March 10, 2011 Commission meeting. Note for the Record: Please refer to Order of the Day for minutes referencing item BC.13. BC.14 RESOLUTION 11-00069 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL ASAMEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Dwight Jackson Commissioner Richard Dunn II 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-11-0060 A motion was made by Vice Chairman Carollo, seconded by Commissioner Sarnoff and was passed unanimously, to continue the item to the March 10, 2011 Commission meeting. A motion was made by Commissioner Suarez, seconded by Commissioner Sarnoff and was passed unanimously, to continue the item to the March 10, 2011 Commission meeting. Note for the Record: Please refer to Order of the Day for minutes referencing item BC.14. Priscilla A. Thompson (City Clerk): Okay. Then we move on to BC.14. Chair Gort: Which is? Commissioner Dunn: Which is -- Ms. Thompson: I'm sorry, BC.14, Miami Sports Authority. Commissioner Dunn: Yes, Dwight L. Jackson -- Commissioner Sarnoff.. Move. City of Miami Page 83 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 BC.15 10-00913 Office of the City Clerk BC.16 10-00102 Office of the City Clerk BC.17 10-00035 Office of the City Clerk Commissioner Suarez: Second. Chair Gort: Been moved by Commissioner Sarnoff, second by -- Commissioner Suarez: Aye. Chair Gort: Aye? The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A 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 Vice Chairman Carollo, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Vice Chairman Carollo, seconded by Commissioner Sarnoff and was passed unanimously, to continue the item to the March 10, 2011 Commission meeting. Note for the Record: Please refer to Order of the Day for minutes referencing item BC.15. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TERM LIMIT BY A FIVE -FIVE UNANIMOUS AFFIRMATIVE VOTE, AS IT RELATES TO SHANE GRABER AS A MEMBER OF THE NUISANCE ABATEMENT BOARD. 10-00102 NAB Waiver CCMemo.pdf 10-00102 NAB Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City of Miami Page 84 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Pablo Yunes Molina Chairman Wifredo (Willy) Gort 10-00035 PRAB CCMemo.pdf 10-00035 PRAB Current_Board_Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0062 A motion was made by Vice Chairman Carollo, seconded by Commissioner Sarnoff and was passed unanimously, to continue the item to the March 10, 2011 Commission meeting. Note for the Record: Please refer to Order of the Day for minutes referencing item BC.17. Priscilla A. Thompson (City Clerk): Then from there we would go on to BC, I'm sorry, 17. BC.17 would be Commissioner -- Chair Gort. Commissioner Suarez: Move -- oh, no. I'm sorry. Chair Gort: Who? Ms. Thompson: Chair Gort. You said seven -- Parks. Chair Gort: Okay. Yes. I nominate Placido Yunes Molina. I'll give you the information in a minute. Ms. Thompson: I'm sorry, Placido -- Chair Gort: Placido Yunes Molina. Vice Chair Carollo: Second. Commissioner Sarnoff.. Move -- second. Commissioner Suarez: Third, fourth. Chair Gort: Okay, it's been moved -- Commissioner Suarez: Aye. Chair Gort: -- and second. Is there any discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. BC.18 RESOLUTION 10-00823 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. City of Miami Page 85 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 BC.19 10-00919 Office of the City Clerk BC.20 11-00054 APPOINTEES: (Alternate) NOMINATED BY: Chairman Wifredo (Willy) Gort Chairman Wifredo (Willy) Gort Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Marc David Sarnoff 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 Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Vice Chairman Carollo, seconded by Commissioner Sarnoff and was passed unanimously, to continue the item to the March 10, 2011 Commission meeting. A motion was made by Commissioner Suarez, seconded by Commissioner Sarnoff and was passed unanimously, to continue the item to the March 10, 2011 Commission meeting. Note for the Record: Please refer to Order of the Day for minutes referencing item BC.18. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commission AT -LARGE 10-00919 Virginia Key CCMemo.pdf 10-00919 VKBPT Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION City of Miami Page 86 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FORA TERM DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Luis Esteban Garcia Commissioner Richard Dunn II 11-00054 WAB CCMemo.pdf 11-00054 WAB Current_Board_Members.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0061 A motion was made by Vice Chairman Carollo, seconded by Commissioner Sarnoff and was passed unanimously, to continue the item to the March 10, 2011 Commission meeting. A motion was made by Commissioner Suarez, seconded by Commissioner Sarnoff and was passed unanimously, to continue the item to the March 10, 2011 Commission meeting. Note for the Record: Please refer to Order of the Day for minutes referencing item BC.20. Priscilla A. Thompson (City Clerk): And then we would move on to BC.18 for the UDRB, Urban Development Review Board. Commissioner Dunn. Commissioner Dunn: You know, I erred. I apologize. It should have been BC.20. I don't know how I correct that. Ms. Thompson: Okay, BC.20. Commissioner Dunn: Yes. Luis Estoban Garcia. Vice Chair Carollo: Second. Commissioner Sarnoff.. Move. Commissioner Suarez: Second. Aye. Commissioner Sarnoff.. Aye. Vice Chair Carollo: Aye. Chair Gort: Aye. Commissioner Dunn: Aye. Commissioner Sarnoff.. Motion to -- Ms. Thompson: Thank you. Commissioner Sarnoff.. -- adjourn? City of Miami Page 87 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Vice Chair Carollo: Motion to adjourn. Commissioner Sarnoff. Second. Commissioner Suarez: We don't need a motion. Commissioner Sarnoff. Aye. Commissioner Suarez: Just bang the gavel. Vice Chair Carollo: All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Meeting adjourned. END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DI.1 DISCUSSION ITEM 10-01220 Miami Parking DISCUSSION TO CONDUCT FURTHER REVIEW OF THE DEPARTMENT Authority OF OFF-STREET PARKING FISCAL 2011 OPERATING BUDGET. 10-01220 Off Street Parking Memos.pdf 10-01220-Submittal-Miami Parking Authority. pdf DISCUSSED Direction by Chair Gort for the Miami Parking Authority to produce a report on the removal of 517 parking meters located within the City ofMiami. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: I was told that there was a time certain at 10 a.m. with regards to Miami Parking Authority. I see them here, but since we've speaking so much about budgets, I think it might be a good time for them to come up. Chair Gort: That's fine with me. That did not have a time certain, but be more than glad to bring it up. Which item is that? Vice Chair Carollo: That is DI.1 or DI 2, I believe. I'll tell you in a second. DI.1. Discussion item one. And again, someone from the Administration told me there's a time certain at 10 a.m. I took their word for it. Chair Gort: They forgot to inform us. Mr. Noriega: Good morning. Art Noriega, Miami Parking Authority. Scott's passing out the -- another copy of the information I shared with each of you when I met with you individually. It's the same, exact information; just wanted to make sure it was distributed at the time of the meeting. At the request of the Commission, during the budget process and when the budget hearing officially took place -- and our budget was reviewed. As a result of Commissioner City ofMiami Page 88 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Carollo not being in attendance unfortunately and the item being taken up, it was proffered that we come back after the first quarter and revisit a kind of update and a report on where we are from a budgetary standpoint and projecting out from our end how we see the rest of the fiscal year progressing. So the first item really that's in front of you is a spreadsheet, which is really a schedule of revenues and expenses. We took a couple of columns, one of which is -- which indicates the current budget year, the budgeted numbers, and the -- and another column that projects based on our first-quarter performance, projection out over the balance of the year. As I referenced during the budget process -- and this Commission, this body certainly approves our -- obviously our expense budget, but on revenue side, historically, the numbers that we've used from a revenue standpoint have been numbers that have been sort of projected out and discussed with the City Administration, and they're sort of plugged into the City's revenue numbers. At the time and this -- for this particular year, because of some of the issues we had in last year's fiscal year from a revenue standpoint, we indicated that we probably wouldn't be able to meet those revenue numbers exactly in terms of a match, unless some extraordinary things happened this particular fiscal year, one of which being the economy had a significant turnaround and/or some other political options sort of came into place that allowed for us to look at some alternate income streams. Obviously, the economy hasn't really driven the turnaround anyone really had hoped -- basically wished for. I think it's about what we expected. And so from a budgetary standpoint on the revenue side, we are really kind of slightly ahead of where we were last year from a revenue standpoint, but way behind in terms of projected revenues in terms of the plug-in number that the Administration has in their budget. A significant piece of that -- andl indicated that in -- the first spreadsheet is roughly any about $600, 000 on -street due to the displacement of meters. A big portion of that is as a result of various projects throughout the City, most of which are FDOT (Florida Department of Transportation) projects in which we've had to remove meters, obviously, temporarily until the projects were completed. Another piece of that or component of that is as a result of a request at the beginning of the fiscal year by Public Works for us to revisit some areas where we had meters installed where the right-of-way wasn't properly improved. As a result of those discussions, we removed -- we basically removed about 140 meter locations. So that's had a significant impact. So as you project out for the balance of the year, our revenues are projected to be a little over a million seven short in terms of overall revenue. As a result of that, we knew andl knew the risk going into the year from a revenue standpoint. We started almost immediately to address some issues on the expense side. And as indicated on the expense portion of this spreadsheet, we've looked at and can reasonably expect that we'll take advantage of probably about $600, 000 in savings on the expense side either by not filling positions -- some savings we're benefiting from on the health insurance and the pension side. And also we've engaged in the process -- we did it almost as an exercise -- to look at some of our operations and the potential for contracting those from being an in-house operation, in-house department to a contracted service, and we've actually acted on one of those, which is our landscaping division. So we see the results of that reduction in expenses, and it really reduces what we see as the shortfall to about a million one projected out over the balance of the year. As a result of that, what I did was proffer some potential alternatives to sort of make up the ground in terms of that lost revenue. I presented those each of you to -- during our one-on-one briefings, and the first of which is a possible potential rate increase and a potential expansion of the hours of operation in a couple of different zones and areas we have within the City. I did so with pretty clear understanding that probably wasn't going to be a viable option, given the political climate, but I wanted to put it out there so that everybody had that at least -- had the information in front of them, understood it was available to this Commission, but understanding that probably that wasn't a reasonable expectation not this year, maybe not next year, but it certainly is in the near future should the Commission feel they had a reasonable justification to do so. Two other items, which I've highlighted as part of just a brief overview here in terms of the outline, are both issues thatl think the City gets sort of short-changed on in terms of issues that are really could only be addressed at the County level but I think ought to be at least looked into. I think there ought to be some additional -- further discussions as relates to our relationship with the County, the first of which is the validation for handicap decal parking. I've -- this has been an issue that has been tossed around sort of as a backdrop for the last few years not only by this municipality, but by City of Miami Page 89 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 the County itself because it has -- it takes a significant haircut as it relates to their revenues from a validation standpoint at the port -- at the airport and as well as Jackson, at the hospital. So this -- that handicap validation is unique to Miami -Dade County in part because the state statute mandates that you get free parking if you have a mechanically altered vehicle. In Miami -Dade County, the County Commission expanded that to include anyone that has a handicap decal or hang tag. So that provision is unique, as I said, to Miami -Dade County. And I think given the significant amount of fraud that has been evaluated over the last few years as it relates to handicap decals, there's a lot of people certainly that have them justifiably so, but there's a great deal that have them probably not so -- well, that have them improperly. And so I had the benefit -- and I'll give you a little back story -- a few years ago, we did an ADA (Americans with Disabilities Act) compliance assessment. It was done so by someone in a wheelchair, an attorney who really worked on our plan. And questioned him on this issue in particular at the time andl said, in the disabled community, is this something -- from a standpoint of individuals with disabilities, is this something that individuals like yourself will have, you know, vehicles, special vehicles, specialized vehicles -- do you feel that you're getting a little shortchanged because basically, you don't have the ability -- you get limited access to those spaces in part because others sort of take them from you. And he was -- he got almost emotional about it. And he said, you know, that's one of the issues that we discuss on a pretty regular basis, and it's an unfortunate situation. So I [sic] addressing it 'cause it's a revenue issue, but it's not -- it goes beyond -- way beyond a revenue issue. It's an issue of really good public policy, andl think it ought to at least be discussed and addressed. But as I referenced, it's a County issue. And when I discussed this in the past, you know, as a city, we deal with a lot of issue in the County. I mean, at any one time, you could have a handful of you know, ten, a dozen issues all being sort of on the table, open for discussion. This one never really kind of became a priority at the City level, but I want to proffer that. It amounts quantifiably to about a half a million dollars a year in terms of the validation, so it's a significant amount of money and it is an option. The last one I referenced is one that I think for a lot of years is a situation that's got progressively probably worse in terms of the City's take, and that is the parking ticket citation processing and the City's portion of that revenue, andl -- the City over the years, through various fees that have been added to the -- by the County and the County's share of that processing their take on those fees, has dropped considerably over the years to where now the County gets almost 55 percent of all the citations written within the City limits. So the County actually gets more money than the City does, even though the City bears the cost of the expense of enforcing, and it certainly was -- is within their city geographic boundaries, and so there are a couple of options that can be evaluated here. I think one of which is the -- is maybe the City taking back that process, in conjunction with a couple of other municipalities. I know I've had discussions with some other municipalities over the years and there may be some interest there. Another issue may be addressing the fine rates themselves. I know in some situations, some of those fines are creating sort of an adverse incentive because the ticket is actually less expensive than it cost to park in some situations, so that issue alone can amount to anywhere from a million to three million dollars a year in additional revenue if it's addressed properly. So that's the summation of my report. Happy to take any questions. Chair Gort: Thank you. Questions. Vice Chairman Carollo. Vice Chair Carollo: Thank you, Mr. Chairman. First of all, I want to say thank you for coming before us and following our directive. At the same time, I believe during budget time, I clearly stated as far as the revenues andl caution with regards to how reasonable your estimates were, and in particularly, I mentioned the on -street. I think from last year, it was 10.8 million and this year you budgeted 13.8 million, andl remember going on record saying there's no way that believe that 28 percent increase is doable. And in all fairness, you agreed that, you know, you were aggressive with your revenues. However, here's where we're at. If there -- this is why I was cautioning everyone. Because in all fairness, if their revenues -- I don't want to say are overstated, but yes, in essence, they're over stating or their estimates aren't as reasonable or aren't reasonable than realistically, yeah, we could approve the budget, but at the end of the City of Miami Page 90 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 year, we still have a shortfall and how are we going to now pay for that shortfall. So that's why I was, you know, so specific and asked with regards to the revenue side. Now, saying that, I see approximately 1.1 million is what you are in deficit, more or less, if you could say deficit. And you could probably argue, hey, well, it's a deficit or not. Mr. Noriega: It's a shortfall. Vice Chair Carollo: It's a shortfall, okay. And could use your language, it's a shortfall. I see how you're addressing it. You're addressing it by other means of earning revenues. However, I think the way I and the other Commissioners up here were thinking or our mind set-- andl don't want to speak for anyone. And again, if you remember correctly, I didn't vote for your budget. I voted against it. I think we're looking more at the expense side. So at least from my part, I want to see in the next month or two or so forth how you worked more on the expense side and try to cut your expenses to make up for that one million -- one point one million shortfall, and that's what I'm looking for. Commissioner Sarnoff.. Mr. Chair. Chair Gort: Commissioner Sarnoff. Commissioner Sarnoff.. What is the expectation the City ofMiami asked you to give them? What is the bottom line number? Mr. Noriega: Seven and a half million dollars. Commissioner Sarnoff.. And where would l find that on here right here, oh, 7.5, 7.6, right there? And you indicate in your -- and think that the Vice Chair said this to you -- your off-street facilities, you projected 3.4, but you budgeted 3.6. Am I right on that? Mr. Noriega: No. He was talking about on -street. Commissioner Sarnoff.. Oh. So go to on -street. You projected 12.9 -- Mr. Noriega: No, no. I'm projecting this year, the actual number to be about 12.9 -- Commissioner Sarnoff.. Correct. Mr. Noriega: -- and we budgeted 13.8. Commissioner Sarnoff.. Which you said was aggressive? Mr. Noriega: Yes. Commissioner Sarnoff.. But then you said you took 517 meters out. Mr. Noriega: Um -hum. Commissioner Sarnoff.. Well, isn't that inconsistent with an aggressive projection? Mr. Noriega: Yeah. I'm not sure I follow. Are -- Commissioner Sarnoff.. Well, if you've been asked to come up with more money or come up with a number and then you take out 517 meters, aren't you hamstringing yourself even more? 'Cause you started by telling the Vice Chair -- City ofMiami Page 91 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Mr. Noriega: Well, certainly, ifI had a choice in the matter, I wouldn't have removed the 517 meters. I mean, they were done so at the request of really state roadway projects within the state right-of-way and as well as by Public Works, so I don't really -- that wasn't an option. It was more of a mandate. I didn't have the flexibility -- Commissioner Sarnoff.. Right. Mr. Noriega: -- not to remove the 517. Commissioner Sarnoff.. Two categories, right? I assume the FDOT issue is Biscayne Boulevard? Mr. Noriega: One of them, yes, that's correct. Commissioner Sarnoff.. One of the larger ones. Andl guess the theory being it's under construction, so removing meters. I think understand that. I think everybody here gets that. Then there $605, 000 that was removed for 517 meters? Mr. Noriega: Um -hum. Commissioner Sarnoff.. What meter --? Mr. Noriega: That's inclusive of the FDOT projects, as well as a piece of which is related to the removals requested by Public Works. Commissioner Sarnoff.. And why did Public Works request you to remove meters? Mr. Noriega: You know, under a provision within the Charter -- and really, Public Works has jurisdiction over the public right-of-way, one which hadn't been probably adhered to in 20 years, that can recall. We had been -- basically installed meters within the public way without really going through F -- without going through Public Works' sign offfor approval. Shortly sometime in November, Public Works reached out to us and said look, there's this provision. We haven't been adhering to it. We've noticed that there are some areas within the public right-of-way where you have meters installed which aren't completely improved and we need to address those situations. And the options available to us really were can you expend the money to improve them or remove them. So we were given really an either/or. The money wasn't there to make the improvements 'cause it was considerable so we acted on plan -- the alternate, which was to remove the meters. Commissioner Sarnoff.. And where did these meters occur, predominantly? Mr. Noriega: At various locations throughout the City. I mean, there -- I mean, I could give you a more detailed list. I don't have that exact information. Commissioner Sarnoff.. So from there, you have a $605, 000 revenue shortfall? Mr. Noriega: Correct. Commissioner Sarnoff.. And then you're saving $650, 000, rounding up -- Mr. Noriega: Correct. Commissioner Sarnoff.. -- in expenses that you were able to save this year? Mr. Noriega: Correct, or will be throughout the -- projected throughout the rest of the balance City of Miami Page 92 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 of the year. Vice Chair Carollo: Projections. Commissioner Sarnoff. Projections. I guess everything here is a projection. Chair Gort: Yeah. Commissioner Sarnoff. Nothing here is -- Vice Chair Carollo: Well -- Commissioner Sarnoff. -- etched in stone. Mr. Noriega: They're only three months into the year. Vice Chair Carollo: Yes and no. They're using, I think, the first three months of the actual cost and then they're projecting the remainder of nine months. Mr. Noriega: Correct. Commissioner Sarnoff. Okay. You've given us I think what you described as one option, which you don't think we would pass, which is increasing the cost of parking, let's say, and that would bring us to $9.1 million versus -- Mr. Noriega: No. You can't compare it to there 'cause this doesn't include all the zones within the City because, obviously, you couldn't raise rates everywhere. It amounts to roughly about a million two in increased revenue on top of the revenue here, on -street, so it's an additional million two in revenue. Commissioner Sarnoff. Here's the number I'm trying to get to. You've been asked to get to what, $7.5 million, correct? Mr. Noriega: Correct. Commissioner Sarnoff. You won't get to $7.5 million as you project out now. Mr. Noriega: We'll get to about 6.5. Commissioner Sarnoff. Fair enough. You can get us to $7.5 million in one of three ways. Mr. Noriega: Correct. Commissioner Sarnoff. One way is to increase parking costs associated -- somebody's got -- Mr. Noriega: Rates. Commissioner Sarnoff. -- to pay more for the meters; somebody's got to pay more for, I guess, off-street parking, which is your parking garages. Mr. Noriega: This is primarily all on -street; none of it's off-street. Chair Gort: This is all on -street. Commissioner Sarnoff. This is all on -street? City of Miami Page 93 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Mr. Noriega: All on -street. 'Cause off-street, the market isn't -- Commissioner Sarnoff. Market won't bear. Mr. Noriega: -- it doesn't -- won't bear it. It's from a pricing standpoint. Commissioner Sarnoff. Okay. So you want to increase on -street parking, and your scenario does not include downtown and Coconut Grove. Mr. Noriega: In part because those were the most recent areas that had a substantial -- Commissioner Sarnoff. 'Cause they received an increase. Mr. Noriega: Correct. Commissioner Sarnoff. Okay. And you don't think that would fly? Mr. Noriega: I don't think what would fly? Commissioner Sarnoff. An increase. Mr. Noriega: In downtown and in Coconut Grove or anywhere? Commissioner Sarnoff. Well, I don't think it would either 'cause you just increased them. Mr. Noriega: Yeah. Commissioner Sarnoff. But you're saying non Coconut Grove and non downtown is an option that you don't think would fly? Mr. Noriega: I don't think it would fly, no. I -- Commissioner Sarnoff. Okay. Mr. Noriega: -- think we've -- Commissioner Sarnoff. Then you give us -- Mr. Noriega: -- addressed that in recent history. I wouldn't want to hit them again -- Commissioner Sarnoff. I gotcha. Mr. Noriega: -- in other words. Commissioner Sarnoff. Then you give us an option of what's called increase in hours of -- in other words, that you would enforce the meter rates. Mr. Noriega: Yeah. We just extend the hours of operation. Every area, every zone has variable hours of operation; some end at six, some extend to midnight, some to even 2 in the morning, depending on if it's an entertainment district. We've identified three areas in particular where we feel there may -- Commissioner Sarnoff. And that would net us about $387, 000 -- City of Miami Page 94 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Mr. Noriega: Correct. Commissioner Sarnoff. --which would bring you -- Mr. Noriega: Now these are all annualized numbers, so you got to take into -- Commissioner Sarnoff. Right. Mr. Noriega: -- fact when we implemented and prorated. Commissioner Sarnoff. They're annualized, so we're already behind. Mr. Noriega: Well, we're -- yeah. We're already a few months into the year. Commissioner Sarnoff. Right. Mr. Noriega: So this has to take a proration into -- Commissioner Sarnoff. All right. And then you said the way the County -- the County present -- I get a parking ticket City ofMiami. Mr. Noriega: Correct. Commissioner Sarnoff. City ofMiami gets 46percent of it, but the County gets 54 percent of it. Mr. Noriega: Roughly, depending on -- I mean, there's a different percentage allocated, depending on what kind of ticket you got. Overtime stay is one. If you parked in an area that was prohibited loading zone, it's a slightly higher rate. The percentage -- but as it all balances out in the entire embodiment of the revenue, it's basically a 55/45 share -- split. Commissioner Sarnoff. All right. So take me back five, ten years ago. How much would the City ofMiami have gotten five or ten years ago? Mr. Noriega: I'm not sure. I'd have to get you that information to be really accurate. I mean, it's -- it originally started really as a one-third, two -third share, and -- Commissioner Sarnoff. Where the City got two-thirds -- Mr. Noriega: Third and the County got a third. And then it -- over the years, it sort of creeped [sic] up little by little by little. Commissioner Sarnoff. So now the County is the lion share holder? Mr. Noriega: Correct. Commissioner Sarnoff. And is that by County ordinance? Mr. Noriega: Yes, sir. Commissioner Sarnoff. So the County continues to pass ordinance or tax or -- let me say it right -- fee changes that are now taking more than half of any parking in the City ofMiami by citation? Mr. Noriega: Correct. City ofMiami Page 95 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Commissioner Sarnoff.. Andl guess to change that ordinance, we would have to get County approval? Mr. Noriega: Correct. Commissioner Sarnoff.. So you've given us three scenarios, one of which you don't think the City would approve because it would be an increase in fees; the second of which would be hours of operation, which would be like, at this point, not even getting $100, 000 probably of a reduction; and the third of which is a County change -- which I think what's going on in the County, that's unlikely to happen just because I don't think they're focused -- or I don't think they're ready to relinquish their own revenue. Mr. Noriega: Yeah. I mean, the other alternative to that, instead approaching it from a standpoint of taking back control or relinquishing their percentage is to increase the fee structure, which is something that was proposed by Miami Beach at the end of last year, but just didn't get a whole lot of traction 'cause they did so late in the process and we really hadn't had a chance to either support them or Coral Gables or get a couple of the other municipalities sort of join forces on it. Commissioner Sarnoff.. So your point there is if it's $25 to park, which I think tends to be more Miami Beach, but it could be downtown at a certain event game. It's cheaper to get an $18 ticket. Mr. Noriega: Correct. Chair Gort: Yeah. Vice Chair Carollo: Mr. Chairman. Commissioner Sarnoff.. Go ahead. Vice Chair Carollo: While Commissioner Sarnoff is thinking, can I -- Chair Gort: Excuse me. Vice Chair Carollo: -- ask a question? Chair Gort: Commissioner Suarez has a question. Vice Chair Carollo: I'm sorry. Commissioner Suarez: Thank you, Mr. Chairman. Mr. Noriega, thank you for taking the time to come and brief with us and be here today. I have a couple of issues. One question in terms of your projection on off-street parking is that the parking that is in the swale or in the median, I -- better said of the Biscayne Boulevard. Is that considered off-street parking or is that considered on -street parking? Mr. Noriega: On -street. Chair Gort: On -street. Commissioner Suarez: That's considered on -street, correct? Mr. Noriega: Correct. City of Miami Page 96 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Commissioner Suarez: So that does factor into this projection, correct? Mr. Noriega: Correct. Commissioner Suarez: Okay. Are you taking into account the fact -- 'cause sometimes when you do projections, you take the first three months and you just extrapolate them for the rest of the year. Is that how you've projected your revenue? Mr. Noriega: We don't project revenue that way. We do it based seasonally 'cause our -- we have seasonal upticks to the revenue based on tourism and special events. So we took all of those into account. Typically, the first three months of the year are actually slower -- are slowest. We sort of ramp up as the year goes on, so -- and it kind of makes sense if you look at it from a tourism standpoint and when we have special events within the City, like the Arts Festival and Heat season and all of that. I mean, all of that is takes into -- is taken into account in this. Commissioner Suarez: And that's kind of what I was getting at because the Miami Heat season has a few more months left and l just want to make sure -- I know we spoke on another issue where you're generating about 1.65 million in that -- Mr. Noriega: Yeah. And that -- Commissioner Suarez: -- in revenue from that -- Mr. Noriega: -- number, by the way, we went back and verified was about a million nine last year. Commissioner Suarez: Okay. Well, even more dramatic, one point nine million from the -- Mr. Noriega: Right. Commissioner Suarez: -- just from the parking in that median -- Mr. Noriega: Correct. Commissioner Suarez: -- and -- you know, I just want to make sure that you incorporated the fluctuations -- Mr. Noriega: Correct. Commissioner Suarez: -- of the year. You know, the fact that -- Mr. Noriega: We do. Commissioner Suarez: -- you won't have the Heat for the second half of the year. Mr. Noriega: Yes, sir. Commissioner Suarez: You know, you're saying -- interestingly, you're saying that there may be an uptick. Mr. Noriega: It technically tends to trend up again. It actually follows almost a bell curve. It treks up and then it dips again towards the very back of the end of the year, and all of that's factored into this trending. Commissioner Suarez: I think this year is a little bit of an anomaly in that the Heat now has, you City of Miami Page 97 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 know -- and I'm -- Mr. Noriega: A playoff run, yeah. Commissioner Suarez: Right. And you have those other scenarios that you didn't have in years prior so you probably -- Mr. Noriega: Right. Commissioner Suarez: -- can't use the prior year's revenue too much to project. But I guess my bigger issue, which I spoke to you about, has to do with the fact that, you know -- and you were very candid when you came to us and said that your projections were aggressive, andl think several members of the Commission were concerned by that statement. Because the fact of the matter is we don't necessarily want or need aggressive projections; we need accurate projections. And so I think what I'm sensing here is that -- and I just spoke to the City Attorney to ask who do you receive your directives from? Do you receive your directives from us? Do you receive your directives from the Administration? Andl think our directive is that -- and it's our directive to every department -- you present a structurally sound budget, not an aggressive budget, not one that will -- andl spoke to the prior City Manager about this, that in the prior budget there were some assumptions that we were going to increase fees after the budget was passed and that that's how our budget would be balanced. Andl told the prior City Manager that -- actually, two prior City Managers ago I should say that we were not -- I was not going to vote on a budget on the basis that in the future, we would be increasing fees to balance that budget and -- you know, and I think that's why the prior City Manager, Mr. Migoya, came and brought us a portion of those items, which I voted all against, in constructing the budget for this year. Mr. Noriega: Correct. Commissioner Suarez: Now this is a function of that budget, so you know, I'm just concerned. And I would -- Mr. Noriega: Let -- Commissioner Suarez: -- say the directive from this board will be -- andl don't want to speak for my colleagues -- but my guess is the directive will be that in constructing next year's budget, that you not give us an aggressive budget, that you give us -- regardless of what that means, whether the City would like for you -- and you know, would love to have $7 million, that's great, you know, but that's not necessarily reality. Mr. Noriega: Can I comment on that -- Commissioner Suarez: Sure, please. Mr. Noriega: -- because I think it's important to understand that I've had very specific conversations with you in particular and -- Commissioner Suarez: Right. Mr. Noriega: -- with the Vice Chair -- Commissioner Suarez: Right. Mr. Noriega: -- with regards to the process going forward and how different it was going to be, and last year's budget process was an example of that. Andl said to you we have a history in City of Miami Page 98 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 terms of the way it's been done up till now. I have no issues in changing that dynamic at all. I mean, I'd rather present a budget. Andl have, historically, never -- we've always hit our number and pretty easily. You know, we've had to maybe scrape and claw some years, but we've never over projected. Andl think in this particular situation, it was kind of a weird dynamic we were sort of -- Commissioner Suarez: Right. Mr. Noriega: -- caught in. So -- Commissioner Suarez: Andl agree with -- I'm sorry to interrupt you, but -- Mr. Noriega: Yeah. Commissioner Suarez: -- I agree with that, that it was a little bit of weird dynamic and it seemed like you were getting a directive from someone that, you know -- I don't mean to throw anybody under the bus, but the directive should be coming from us. Mr. Noriega: Yes, sir. Commissioner Suarez: Andl think the directive is that we be presented with a structurally sound budget. That's all we care about. Mr. Noriega: I -- Commissioner Suarez: And we'll -- Mr. Noriega: -- agree. Commissioner Suarez: -- worry about the rest. Mr. Noriega: That's my intent. Commissioner Suarez: We'll worry about the rest in terms of making sure that our overall budget is structurally sound. I think we've proven that we're going to scrutinize our budgets to the maximum extent possible to ensure that we have a structurally sound budget. And one of the biggest problems that we've had in the City of Miami for the last few years is that we do not have structurally sound budgets. We've had structurally imbalanced budgets that have depleted our reserve from $140 million to -- once we reconcile this last budget -- by the way, not the one that we voted on; the budget prior to the one that we voted on, which I believe is 2010 -- we're going to be at approximately $12 million in reserves. So the practice of having unstructurally [sic] sound budgets has to stop immediately or we're going to be in bankruptcy very, very soon. So I would just -- and I don't know if my colleagues want to join me in that directive that from this point forward, we receive nothing but structurally sound budgets. Commissioner Dunn: Yeah. Mr. Chair. Chair Gort: We have to. Commissioner Dunn: I mean, I think you're next and then -- Chair Gort: That's why I requested the -- excuse me. I had -- Commissioner Dunn: Yeah, then I'm -- City of Miami Page 99 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Chair Gort: -- Carollo and then yourself. Commissioner Dunn: Okay. Chair Gort: I requested that we get a quarterly report on the expenditures and the revenues and the projections. Commissioner Carollo. I mean, Vice Chairperson. Vice Chair Carollo: Thank you, Mr. Chairman. I think it goes, I mean, without said [sic] that everyone, every agency, including the City, needs to come up here and give us, you know, a sound budget. I raised the issue with the revenues, and the justification was that you had improved technology and you were going to have a full year of increased fees. So that was the rationale behind it. I mean, we're not parking experts and so forth, so we rely on your numbers, on your accountant and so forth. I still voted against it, but you know, that was your rationale. I don't know what happened, you know. Andl see that you're saying the removal of 517 meters was part of the reason, but that is the reason why I was so concerned with regards to the revenue side because in the past, yes, revenues are overstated, the estimates are not correct, and what happens is at the end of the day, we end up in a deficit and somehow we have to make up that deficit and that's what kills our reserves and so forth. So I think it's -- you know, I -- I think you understand where this Commission is going. I think you've seen the drastic change from prior Commissions till now. And what would like to see is when you come back, whenever -- if it's in a quarter, a few months or so forth -- working on the expense side. I mean, I don't know how my colleagues feel about what you've proposed or have shown us with regards to your revenues, but I think realistically, we need to work on the expense side some more. Thank you. Chair Gort: Okay. Commissioner Dunn. Commissioner Dunn: Thank you, Mr. Chairman. I just want to just go on record in joining my colleagues. That would be the best practice for all of us because in that way, we're not operating on a false premise or on a overstated premise. And so it would do all of us good because it's better to go ahead and, you know, grab the bull by the horn on the front end than have to deal with it on the back end. So I do join my colleagues in that directive. Chair Gort: Thank you. I'd like to get a report of the five hundred and some units that were removed -- meters that were removed. Mr. Noriega: Okay. Chair Gort: I'd like -- Mr. Noriega: I'll show you the locations. Chair Gort: -- to get the report from the areas where they removed. Mr. Noriega: Okay. Chair Gort: And that was at the request of our Public Works and DOT. Mr. Noriega: And there's a couple of other. They're project -related, in other words. Chair Gort: Okay. Mr. Noriega: All of them were as a result of projects put in place within the public right-of-way where we had to physically remove them because there was work being done to either -- Chair Gort: Okay. City of Miami Page 100 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 DI.2 10-01302 Mr. Noriega: -- the roadway and/or improvements. Chair Gort: I'd like to get a copy of that. Okay. Any further -- Mr. Noriega: I'll get you all of those locations. Chair Gort: Well, thank you for being in front of us. I'm looking forward to seeing you a couple of months -- Mr. Noriega: Thank you, sir. Chair Gort: -- with some real good news. DISCUSSION ITEM Department of Parks DISCUSSION RELATED TO THE FOLLOWING: and Recreation STATUS OF SNACKS FOR HENDERSON AND JOSE MARTI PARKS. SUMMARY OF SNACKS PROGRAM -FACILITIES, BUDGET. AFTER SCHOOL PROGRAM - CHILDREN'S TRUST PARTNER ORGANIZATIONS: FACILITIES, PROGRAMS, AND BUDGET. 10-01302 Summary Form and backup.pdf DISCUSSED Chair Gort: Board appointments. Priscilla A. Thompson (City Clerk): Commissioners -- Chair Gort: Do we have any other items? Vice Chair Carollo: You have -- Ms. Thompson: Yes. Vice Chair Carollo: -- discussion items. Chair Gort: Okay. Ms. Thompson: Are you ready for your boards? Chair Gort: Discussion item, after school snack. My understanding, this is 1.2 [sic], correct? Vice Chair Carollo: Yes, discussion item DI. 2. Juan Pascual: Good afternoon, Chairman, honorable members of the Commission. Juan Pascal, deputy director of Parks and Recreation Department. We were asked to provide an update for discussion purposes as to the status of our snacks after school program. I'd like to address a couple of the items. One specifically -- the question was reference to Henderson and Jose Marti parks. Both those facilities currently are receiving snacks and they're now a part of our snacks program. City of Miami Page 101 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Vice Chair Carollo: When did it start? Mr. Pascual: It started in the month of December. Vice Chair Carollo: Why is the update now then? Mr. Pascual: Well, it kept being deferred, Commissioner. It was on the agenda, but it was -- been deferred a couple of times, I believe. Vice Chair Carollo: Under which item? I never remember it being deferred. I never request -- I never remember a discussion item being deferred on snacks. I remember me putting discussion items and trying to bring you all to speak. As a matter of fact, I remember that one time I did a point of privilege requesting what's going on with the snack items. But if it actually happened in December, why are we coming up now in February? Mr. Pascual: Well, Commissioner, I don't know exact details on when it was deferred, but you know, I'm here today on behalf of the director, and the item was put on the agenda for today. We had provided your office with an update previously. I think it was deferred originally from November and because December being a short month, it was passed on to January. And because of the size of the agendas, I believe it was deferred to now to February. Vice Chair Carollo: Well, I have the November 18 meeting where Mr. Burket [sic] says I expect to have Henderson and Jose Marti by the end of the week; in other words, have the COs (Certificates of Occupancy) and ready for the snack program. In the -- I don't have the date of this meeting. I think it was somewhere in December where I'm requesting the participation, if it's happened yet and apparently it hadn't. I don't know if that's when I requested the point of privilege. And actually you came up because Mr. Burket [sic] was not present, andl asked for additional information, like all the funds being distributed and used -- actually -- okay, October 28 meeting. October 28 meeting, I specifically requested from the Administration of the Parks Department to provide a detailed report on the funding from the Children's Trust and the City of Miami for snack programs at City parks, in other words, all City parks, and further detailing how these funds are being distributed and used by the next Commission meeting. I never -- I don't think that ever happened until now. Andl don't even know if you have all that information. Mr. Pascual: Yes, we do. Vice Chair Carollo: You have all the information of all the parks that have been receiving the snacks programs and what amounts? Mr. Pascual: Currently, the contract or the budget for the year is $233,188 -- Vice Chair Carollo: That's correct. Mr. Pascual: -- for the year and we have 23 facilities that are participating on it. The amount of each snack is 72 cents per snack, per child. It's based upon the attendance. The attendance fluctuates. Currently, there are roughly 1,114 kids in our 23 facilities that are registered in our after school program. The snacks obviously vary, depending upon the actual attendance of those children those days. Vice Chair Carollo: Could see that documentation or is it just for you guys to tell us here on the dais or can I actually see the documentation? Mr. Pascual: I believe this information was distributed through -- to the Commissioners previously. I mean, I have a copy here. I can make sure that you all get another copy. I was given the information that was -- City of Miami Page 102 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Vice Chair Carollo: And when was it distributed? Because I don't know if any of the other Commissioners know if they've received it or if they've seen it. Chair Gort: Not to my knowledge. Vice Chair Carollo: It seems like none of us have received it, andl definitely have not, so if you could shed some light and ifI could actually see the documentation so I could see the different parks, who's been receiving the snacks and so forth or -- Yes? Mr. Pascual: Yes, sir. I mean, I have the information. We've had it for, you know -- and we've -- I'm sorry, but I was under the assumption that it was distributed previously. Apparently -- obviously it has not. Tony E. Crapp, Jr. (City Manager): Commissioner, we'll make sure that the information gets redistributed to each one of you. We'll make copies right now, as a matter of fact. Vice Chair Carollo: And as far as Henderson and Jose Marti Park, when did they obtain the CO and actually started receiving the snacks from the snack program; in other words, from the $233, 000 that we allocated? Mr. Pascual: We qualified for the snack program for the month of December. Vice Chair Carollo: For both parks? Mr. Pascual: For both parks, yes, sir. Vice Chair Carollo: And when did the snacks start being distributed? Mr. Pascual: The exact date, I'm not sure exact -- the exact date, but it was in the month of December when they qualified and they became -- and then currently, you know, as of January 1, they were all receiving their snacks. I don't know the exact date in December, but I can get those exact dates for you, sir. Vice Chair Carollo: Yes, please. I would like to have complete information. And ifI could have what I've requested in the past, which is a report of the $233, 000, how it's being allocated. In other words, "X" amount is going to this park because "X" day there was "X" number of kids that received the snacks and so forth. Therefore, we, you know, distributed -- we allocated "X" amount of dollars. Next day, next, day, next day. So anyways, in the month of December, this park received 10,000, this park received 2,000, this park received "X" thousands, and so forth for all the 23 or 33 parks that you're speaking about. Mr. Pascual: Okay. We will provide the detail of what we're doing for the reimbursements on a month -to -month basis. Vice Chair Carollo: And when you say you will provide the detail, since I know I've requested this andl have two separate minutes of board -- of Commission board meetings that requested information, can you give me a date certain by when wouldl receive all this information I'm requesting? Mr. Pascual: You should have it before the next Commission meeting, sir. Vice Chair Carollo: That worries me. Chair Gort: Five days before. City of Miami Page 103 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Mr. Pascual: As far as the detail. Vice Chair Carollo: That worries me. Mr. Pascual: Now as far as the breakdown of the attendance and the budget, the cost, the contract, all that information, we have it. I mean, that's currently there. You want us to break it down by detail, I'm not familiar with the reimbursement detail that we have and what is the last month that we've requested the reimbursement, so I would have to get that information. Vice Chair Carollo: I'll tell you what, I'm not going to keep you up here. However, once we finish Commission meeting, with the permission of the City Manager, I'm going to show them the minutes of the dates that I requested the exact information that I'm requesting now. And it seems to me, like I said, finally they're going to have the information and it seems like we still don't have complete information. I'm going to show you the minutes where I requested the information. I requested a full accounting of these programs andl still don't have the information. And it seems to me if you're telling me by next Commission meeting, you may not have the information yet either so -- Mr. Pascual: No, sir. What I said by next Commission meeting is the detail by park as to the exact dollar amount on a month -to -month basis, and those are on the reimbursement submittals that we do to the state, that kind of detail. I do have the budget. I do have the registry of participants and the breakdown by district and the parks that are listed and are participating in that snack program. That information we've had and we have it, sir. Vice Chair Carollo: Like I said, I'm not going to go back and forth. I'm not going to keep you up here. I'll show you, you know, with the Manager. And as a matter of fact, the City Manager will be present, I will show you in the minutes how I requested the information back in October, back in November, possibly December. Thank you. Chair Gort: Thank you. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS PZ.1 ORDINANCE 10-01360zc Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O" URBAN CENTER TRANSECT ZONE TO "T3-R" SUB -URBAN TRANSECT ZONE, FOR THE PROPERTIES LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF INAGUA AVENUE AND AVIATION AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 104 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 10-01360zc CC SR 01-27-11 Fact Sheet.pdf 10-01360zc Analysis. pdf 10-01360zc Miami21 Map.pdf 10-01360zc Miami21 Map (Proposed).pdf 10-01360zcAerial Map.pdf 10-01360zc PZAB Reso.pdf 10-01360zc CC Legislation (Version 2) - Fully Executed.pdf 10-01360zc ExhibitA.pdf LOCATION: Properties Located at the NE Quadrant of the Intersection of Inagua Avenue and Aviation Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on December 1, 2010 by a vote of 8-0. PURPOSE: This will change the above properties to "T3-R" Sub -Urban Transect Zone. 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 13253 Chair Gort: Okay. Gentlemen, I have a request that the -- Diana Gomez (Director, Finance): Thank you. Chair Gort: -- from Commissioner Sarnoff to hear PZ.1. My understanding, it's going to be only five minutes. Commissioner Sarnoff.. Very, very quickly. Mr. Chair, thank you for taking it out of order. This is very simply clarifying an error that was in Miami 21 where they had a T5-O urban center transect which should have been a T3-R. It's in Coconut Grove. Property is located at northeast quadrant in the intersection ofInagua Avenue and Aviation Avenue. The Administration supports this. I'd ask my fellow Commissioners to support me on this, so I would make the motion. Commissioner Dunn: Second. Commissioner Suarez: Second. Chair Gort: Been moved and second. Any discussion? Commissioner Sarnoff.. Public hearing. Chair Gort: Okay, there's a public hearing. Is there anyone in the public would like to address City of Miami Page 105 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 M.1 11-00098 this issue, PZ 1? Being none, close the public hearing. It's an ordinance. Read it. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Chair Gort: We'll break for lunch and come back at 3. Ms. Thompson: I'm sorry. Commissioner Dunn: Mr. Chair. Ms. Thompson: IfI might state, Chair -- Commissioner Dunn: Mr. Chair, ifI may. Ms. Thompson: -- just for the record. Chair. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO RESOLUTION NO. 07-0236, ADOPTEDAPRIL26, 2007, CHANGING THE LOCATION OF THE PLAQUE AND BUST COMMEMORATING THE HEROISM OF DR. LUCIA LORENZO ACCEPTED BY THE CITY OF MIAMI FROM THE PLAZA ON SOUTH MIAMI AND SOUTHEAST 15TH ROAD TO MEMORIAL BLVD (SOUTHWEST 13THAVENUE BETWEEN 8TH STREET AND CORAL WAY). 11-00098 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 R-11-0048 Chair Gort: Before we go to first reading, Mr. Mayor, I apologize. I know you had a resolution you -- you're recognized. Mayor Tomas Regalado: Thank you, Mr. Chairman. This is also a ministerial resolution, but it's important. It has to do with a resolution that was adopted by this City Commission on April 26, 2007. That resolution -- now this resolution change the location of the plaque and bust commemorating the heroism of Dr. Lucia Lorenzo accepted by the City of Miami from the plaza City of Miami Page 106 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 on South Miami and Southeast 15 Road now to Memorial Boulevard, Southwest 13th Avenue, between 8th Street and Coral Way. Most of the members here are probably familiar with this case, some of you are not. Dr. Lucia Lorenzo was a Miami -- a City ofMiami resident, a medical doctor. She went to do missionary work in Texas. She was at a poor children -- a migrant children clinic when a demented person came in and on a rampage shot and killed Dr. Lucia Lorenzo at 43 years old and two nurses. The family has created the Lucia Lorenzo Foundation and they are ready to place a plaque and a small bust within the perimeter of Southwest 13th Avenue, from 9th Street to Coral Way, a place designated by the Public Works Department and the Parks Department because that's a linear park. As you know, there are several monuments on that area. So I'll present to you this resolution so we can move forward. Actually, she was shot and killed on April 15, 2002, and the Foundation is willing to pay for everything to create the plaque and the bust. Maybe have it ready for this anniversary. Chair Gort: Thank you. Commissioner Suarez: Move it. Commissioner Dunn: Second. Chair Gort: It's been moved by Commissioner Suarez, second by Commissioner Dunn. Discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Mayor Regalado: Thank you. Chair Gort: Thank you. END OF CITYWIDE ITEMS DISTRICT 1 CHAIRMAN WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO D3.1 DISCUSSION ITEM 11-00101 UPDATE ON CIRQUE DU SOLEIL PARKING AT BAYFRONT PARK. 11-00101 Email.pdf DISCUSSED City ofMiami Page 107 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 D3.2 11-00102 Chair Gort: Okay, D3 (District 3). Vice Chair Carollo: Thank you, Mr. Chairman. My first discussion item is update on the Cirque du Soleil parking at Bayfront Park. And more than anything is to give you an update, but also thank you all, thank my colleagues in the Commission because at time -- some months back we had somewhat of a contentious item coming before us as a CRA (Community Redevelopment Agency) Board where the members of the museums requested that we pay $2 million for remediation. Andl requested from my colleagues an amendment that that remediation be done before "X" date or after "X" date because it was going to cost us $100, 000 more or less as an estimate of revenues. Andl thank you all because you all listened to me, you trusted my business savviness [sic] and so forth. And I'm happy to report that my estimate was a little low. Instead of $100, 000 net, we netted 191, 000 from the parking. So I thank all of you. Obviously, the executive director, everyone from Bayfront Park had a lot to do with this, but at the same time, I felt the need to, you know, give you all an update and at the same time thank you. Now that doesn't mean that we're flushed in cash and, you know, since we netted more money than expected, we have all this money there and so forth because that money actually goes to maintenance of the park and so forth, and it's the reason why Bayfront Park doesn't come before you asking for funding. So thank you. Chair Gort: Thank you. DISCUSSION ITEM DISTRICTS FOR DISTRICTS. 11-00102 Email.pdf DISCUSSED Chair Gort: Anything else? Vice Chair Carollo: Yes. I have a second item, which I named Districts for Districts, just like Neighbors for Neighbors does in Channel 4. And pretty much, I just wanted some additional information. I think some ofyou have seen already that have no issues whatsoever andl think some ofyou have already seen me participate where I don't mind helping a neighboring district and so forth. Andl think in the future, you're going to see that will be a lot more involved. But something happened in a previous Commission meeting that just made me -- how -- used to be a program that -- I forgot the person's name, but he used to say things that make you go hmm. And anyways, I saw one of my fellow Commissioners, you know, give money from his account to -- for a parade in my district, which I gladly accepted it andl actually encouraged any other Commissioner that would like to to also contri -- yeah, contribute to my district. However, it went for expenses of a parade and realistically, I didn't know how that came about because the -- I don't know if you want to say promoter, the founder of the parade or so forth, definitely invited me to the parade andl have a good relationship with him, but never related it to me that they had money issues. So I just wanted, you know, to inquire, you know, on afriendly nature, how did that come to be? How did you get stuck with the bill or -- so to say? Commissioner Dunn: Well, in all truthfulness, about two weeks or so, maybe three weeks prior to that, we had the MLK (Martin Luther King) parade andl saw you and Commissioner Suarez brave the rain. I actually had -- andl shouldn't say this on -- yeah, I'm going to say it. I actually had second thoughts about going out there in that rain and when I saw you out there, it was -- I was so glad that I did decide to come because I would have never been able to live that down. And so I just felt that, you know, amidst sometimes the differences of opinions, the disagreements, there's a saying that we can agree sometimes to disagree, andl did not want to be viewed as anti -Hispanic or anti -Cuban, as some people were trying to paint me because of an issue that I took up, and I think all of us know what that issue was. And so I wanted to -- I City of Miami Page 108 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 tended to reach out and extend the olive branch andl wanted people to know that's who I've always been and I'm proud of that, andl say that -- andl don't just say that in this community or in this venue; I say it in my district and I've said it, and that's part of what some of my pain was about andl don't want go into that now -- Vice Chair Carollo: Right. Commissioner Dunn: -- because I had taken some stances prior to my election, which had been for political purposes, that were not popular, but I wanted to try to side with what I felt was right. So that was the issue and when I was -- when they reached out to me, I responded, so that's what drove me. And you know, I mean, that's pretty much who I am. Vice Chair Carollo: Gotcha. And by the way, I appreciate it. Andl mentioned it here on the dais, I mentioned it on Cuban radio also that you andl have always have a very good relationship. Commissioner Dunn: Precisely. Vice Chair Carollo: We've always respected each other's districts and so forth. Commissioner Dunn: Precisely. Vice Chair Carollo: I've never seen an issue of race between you and I and -- Commissioner Dunn: Absolutely. Vice Chair Carollo: -- so forth. I was just, you know -- Commissioner Dunn: Caught you off guard. Vice Chair Carollo: -- curious -- yeah, I was just curious, how did they reach out to you as far as needing extra money 'cause they never -- they actually never reached out to me. They invited me and the whole nine yards, you know, because I have a good relationship with them, but -- Commissioner Dunn: If you remember -- recall during the issue once with the Gibson Park -- Vice Chair Carollo: That's correct. Commissioner Dunn: -- we reached out, you know, initially -- Vice Chair Carollo: Yes. Commissioner Dunn: -- to try to -- so that's just the makeup. That's the way I operate. I know sometimes people try to perceive me otherwise. Now I believe in fighting and who has -- nobody has money to just give away, especially in my district, but I believe every now and then we need to show some love. Vice Chair Carollo: No, thank you. Chair Gort: Thank you, gentlemen. END OF DISTRICT 3 DISTRICT 4 City of Miami Page 109 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 D4.1 10-01374 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION RELATING TO THE HOMELESS DISPLACEMENT IN THE CITY OF MIAMI. 10-01374 Discussion Item - Homeless Displacement.pdf 10-01374-Submittal-NET Document.pdf DISCUSSED Chair Gort: D4 (District 4). Commissioner Suarez: Thank you, Mr. Chairman. The purpose of my -- of this discussion item was maybe a month, a month and a half ago, there seemed to be an uptick from my district in complaints from the business owners and the residents regarding homeless that they had not seen before in their -- vicinity of their businesses and residence. At the time I was monitoring it by our neighborhood association meetings, where we would get a monthly update from the Police Department on the crime statistics. And those crime statistics that I was looking at seemed to indicate that there was an increase in crimes that were typically caused by people who are homeless. For example, motor vehicle break-ins, lewd and lascivious conduct, meaning people who are going to the bathroom essentially in public, et cetera, et cetera. And so that's the reason why I brought it up then. It's been deferred a couple of times because we were waiting on some of the information and a census that was being completed. Looking at the census data here in front of me actually seems to indicate that our homeless population has actually decreased by 12 from September of last year. Andl have to say, I've worked very, very closely with Ms. Wheeler, and we gave them a proclamation very recently in their efforts, you know, to help some of the people who are homeless in our community that deserve to be dealt with respectfully, and some of which are sufferingfrom mental illnesses, some of which are sufferingfrom alcohol dependency. Nevertheless, they're human beings and they deserve the utmost respect andl have to commend them for their efforts. I have to say also in fairness thatl have not received as many complaints lately. I would say within the last two or three weeks, I have not received as many complaints lately about homeless in our district, so I don't know what the Police Department has done differently, per se, but I'm assuming that the fact that we brought this before the Commission -- and the major andl speakfrequently -- that maybe you changed some ofyour tactics and that may be responsible for some of the decline, but I'll let you speak about it. Commissioner Sarnoff. They brought them downtown. Commissioner Suarez: They went back? Commissioner Sarnoff. No. They brought them downtown. You just look at your number change, it goes right to my number change. Commissioner Suarez: Okay. Well, there you go. Major Steven Caceres: Steven Caceres, Police Department. Commissioners, since we last spoke, remember we spoke about putting the two -man unit in the south district, we have done that. We have continued to work with the two -man unit. We've done numerous details. The neighborhood resource officers are also doing the details early in the morning, and we're working closely with Sergio and his team to make sure that the placements are there and that's what we've been doing for the last three months. Commissioner Suarez: Thank you, Major. That's all. I just wanted an update. Thank you for City of Miami Page 110 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 NA.1 11-00130 following up, for giving me the data, and for increasing your efforts, and responding to my constituents' concerns. I really appreciate it. Major Caceres: You're welcome, Commissioner. Chair Gort: Is that it? Commissioner Suarez: That's it. Chair Gort: Okay, D5 (District 5). Commissioner Dunn: I don't have anything. END OF DISTRICT 4 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II END OF DISTRICT 5 NON AGENDA ITEMS RESOLUTION District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE Commissioner Marc INSTALLATION OF NEW STREET AND PEDESTRIAN LIGHTING BEGINNING David Sarnoff ON SOUTHEAST 15TH ROAD NORTH TO SOUTHEAST 5TH STREET, MIAMI, FLORIDA, BY THE FLORIDA DEPARTMENT OF TRANSPORTATION; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 11-00130-Legislation. pdf 11-00130-Submittal-Commissioner Sarnoff. pdf 11-00130-Submittal-Florida Department of Transportation Letter. pdf 11-00130-Su bmittal-Photos. 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-11-0056 Chair Gort: Commissioner Sarnoff, you had a discussion item. Commissioner Sarnoff.. Yes. Thank you, Mr. Chair. Actually, the first discussion item I have, Mr. Chairman and my Commissioners, is the Brickell lights, Department of Transportation. As you know, there's a major construction going on up and down Brickell. It includes pedestrian way, and it includes a lighting package. We were told that a letter from the Mayor and myself was ample or satisfactory to the Florida Department of Transportation with regard to which lights were selected. These were the lights that were selected by the Brickell Homeowners Association and the Brickell Area Association. They're Pollux lights. This has no financial impact to the City ofMiami in that it's part of an FDOT project which is being done right now. But what they're looking for is a resolution from the City of the Miami Commission saying, yeah, City ofMiami Page 111 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 NA.2 11-00109 these are lights we'd like to see. So what I've given you is a copy of -- here are the lights; here's the resolution. The reason this didn't come on a more orderly basis, they were going to agree as to a letter and then they decided the letter wasn't good enough. Have I pretty well described that, Mr. Manager? Tony E. Crapp, Jr. (City Manager): Yes, sir. Commissioner Sarnoff. Okay. So I would move for a resolution supporting the Pollux lights. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Sarnoff, seconded by Commissioner Suarez. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO SECTION 62-521(B) (4) AND (5), OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE TEMPORARY EVENT TWO (2) EVENT LIMITATION PER PROPERTY AND THE TWO (2) WEEK DURATION LIMITATION PER PERMIT, IN ORDER TO HOSTA GARDENERS' MARKET AT THE BISCAYNE PLAZA SHOPPING CENTER, LOCATED AT 561 NORTHEAST 79 STREET, MIAMI, FLORIDA, OCCURRING EVERY SATURDAY, STARTING FEBRUARY 12, 2011 AND ENDING ON JUNE 25, 2011. 11-00109-Legislation. pdf 11-00109-Submittal-Application for Temporary Use and Occupancy Permit. pdf 11-00109-Submittal-Fire Department Questionnaire.pdf 11-00109-Submittal-Proposed Events at Biscayne Plaza. pdf 11-00109-Submittal-Site Map.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-11-0057 Commissioner Sarnoff. Okay, the second issue is a pretty simple issue. We were approached by the folks that own the 79th Street shopping center up on Biscayne Boulevard and what they want to do is they want to have a farmers' market. We have tried a number of times in District 2 to have a farmers' market in the Upper Eastside. This one, though, is being promoted entirely by the 79th Street shopping center. However, to do this event, we have got to waive the two -week limitation period. This resolution waives the two -week limitation period and allows them to have the events in accordance with the described resolution, which I believe gives them -- is it six months? How long is it? Barnaby Min (Zoning Administrator): Barnaby Min, on behalf of the Office of Zoning. It's from February 12, 2011 to June 25, 2011. Commissioner Sarnoff. Right, so they have that timeframe in which to do a farmers' market. So I would move -- No impact to the City -- the gardeners market -- City of Miami Page 112 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Commissioner Dunn: Second. Vice Chair Carollo: Second. Commissioner Sarnoff. -- issue. Chair Gort: Moved by Commissioner Sarnoff, second by Vice Mayor -- Vice -- Vice Chair Carollo: Chair. Chair Gort: -- I keep saying Vice Mayor -- Vice Chair Carollo. Commissioner Suarez: Aye. Commissioner Sarnoff. Aye. Commissioner Sarnoff. All in favor, "aye. " Chair Gort: No further discussion? All in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Good. NA.3 RESOLUTION 11-00108 District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THAT THE Commissioner Marc PERMANENT VEHICULAR ACCESS RESTRICTION BARRICADES LOCATED David Sarnoff AT NORTHEAST 72ND TERRACE, NORTHEAST 73RD STREET, NORTHEAST 74TH STREET, NORTHEAST 75TH STREET AND NORTHEAST 77TH STREET AT THE EASTERLY SIDE OF THEIR INTERSECTION WITH NORTHEAST6TH COURT, MIAMI, FLORIDA, BE ADDITIONALLY DESIGNATED TO PROHIBIT PEDESTRIAN, BICYCLE AND EMERGENCY VEHICLE ACCESS THROUGH THE BARRICADES, IN ACCORDANCE WITH ALL APPLICABLE LAWS; SUBJECT TO THE APPROVAL OF THE MIAMI-DADE COUNTY TRAFFIC DIRECTOR AND TO CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH HEREIN. 11-00108-Legislation. pdf DISCUSSED Note for the record: Item NA.3 was discussed; however a vote was not taken on this item. Commissioner Sarnoff.. Okay. And finally, Mr. Chair, something that had anticipated would be the approval of a resolution authorizing us to proceed forward with putting up a fence around Belle Meade has turned into something of a different type of discussion. If you would indulge me, I'd like to bring it to your attention and like to bring to your attention the County's position it may be taking on some of your districts with regard to street closures. And let me give you the timeline of exactly what happened. On September 14, 2010 at a Belle Meade -- I don't want to call it homeowners association meeting, but it was a meeting right after a home invasion robbery had happened. There were a very large number of people in attendance and they had decided that they were going to discuss whether in fact they could fence in the Belle Meade neighborhood. And if you all know it right now, it is closed to vehicular traffic, except for the entranceway to come in from I believe 70-something street. What was told at that meeting was that the person chairing that meeting had met with Lynn [sic] Helmers, and that Mr. Helmers City of Miami Page 113 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 had said we do it all the time, there's no problem, and we can move forward with doing it. At the meeting, the community pretty well voted yes to have the fence and that was on October 12. What I told them was before you accept what a person under contract with the Public Works Department has to say, let's get a City Attorney opinion on this. I asked our City Attorney to give us an opinion and she did. She gave us a pretty detailed opinion, and on that opinion on November 8, she pretty much told us that the County retains the exclusive jurisdiction over permanent closure of access to any road or street. She says, therefore, the County approval must be obtained by the City prior to implementation of a permanent street closure that prohibits pedestrian access. Now, I also asked her to opine whether I could use quality of life money to build the fence, and she came to the conclusion that it would be an appropriate use of the money. What I next did was I contacted my County Commissioner, Commissioner Edmonson, and told her of the vote that looked like was going to proceed forward with the particular homeowners, and then I asked her how she wished me to proceed. She said please send me the City Attorney opinion, which I did. I sent it to her andl sent it equally to Esther Calas, the director of Public Works, andl sent that on November 26, 2010. Now, I kept in contact with my County Commissioner, andl could fast forward. On January 7, 2011, I had lunch with her andl learned that there was a problem with the County's permission but that she was going to continue to work through it. Apparently -- andl have not seen this and it has not been provided to my office, though it has been provided to the homeowners association, oddly enough, that on December 30, 2010, the County Attorney concluded that this could not occur. Now, what then happened is I kept in contact with my County Commissioner who said she was going to pursue with the County Attorney and the Public Works Department in the County to determine whether in fact this could be somehow brought about. Now, what was said at a meeting very recently, and this was on February 8, 2011, the representative of the County's Public Works Department indicated that all closures in the City ofMiami were done illegally and that the County would be either filing suit or prosecuting the City to make sure that all the -- they named your particular facility, which was the Coral Gate wall, and that they would be asking the City to tear down the wall. I find this whole issue very interesting, probably very political and probably being politically motivated to some degree, but we started out with a home invasion robbery. We had a great number of people, in the 85 to 90 percentile, wanting to have a fence up, and now we have a County that is saying our closures all across the City were done illegally. Now, I credit our City Attorney who said, wait a minute, let me give you an opinion, let me find out exactly how it is that we can do this. She goes and there were some past practices, Commissioner, andl want to make sure that don't just follow the past practices; I want to get this practice right. So I -- my hat's off to Julie Bru because she said let's not listen to what Public Works has to say. Let me form an opinion myself. Now I bring this to bear to all of you because obviously we're not going to vote on this today 'cause I'm going to bring this back for a public hearing. I'm going to give everybody the opportunity to come up here, and what I'm going to do is I'm going to put this in a very neat little package so that we will resolve hopefully in favor of this fence, subject to the County's approval, so that everybody can see the City did everything in its power, it's capability to keep the citizens safe as they've asked us to do, but it is the County that says, for whatever legal basis they have, no, we simply won't, can't, or will not do this. And then I bring to bear -- andl know my fellow Commissioner Suarez must be over there scratching his head saying, I worked so hard on Coral Gate andl have no intentions of the Coral Gate wall going anywhere. Andl know some others of you are even considering other wall ideas or closing ideas because in some neighborhoods it has a beneficial effect, though I don't recommend this for everyone's neighborhood. My neighborhood, it certainly would not work, but some neighborhoods it does work. And l just wanted to make it very, very clear on the record for everyone watching this particular TV (Television) show, which I heard is getting about a 14 share rating, that we did everything appropriate here from -- beginning with, with all due respect to our Public Works director, going to our City Attorney first and asking her what we needed to do, then proceeding to the County Commissioner first and asking how she wished to proceed, followed by giving it to then the County's Public Works director and her coming up with an opinion which unfortunately she doesn't see fit to share with me or this City, but giving it to the homeowners association up there in Belle Meade. Is it politics? I don't know, but I will tell you this. The end of the meeting City ofMiami Page 114 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 in March, I will bring this to the City Commission and ask you to support me in resolving that this particular neighborhood be allowed to be fenced in with public funds from my quality of life money, and leave it at the County's doorstep to determine why the County says it can or cannot be done because I think that's the appropriate thing to do for a community that has had a number of home invasions and wishes to protect itself. So, Mr. Chair, I thank you for at least giving me the indulgence of allowing to put on the record the true facts. There's a file right in front of me that has every e-mail (electronic) and every LSR (Legal Service Request) promoted by our City Attorney. And my hat's off to you, Madam City Attorney. You said to proceed this way, we did it the right way, and maybe some folks in the County don't like that we did it the right way. Chair Gort: Can we do it my way? Commissioner Suarez: Mr. Chairman. Chair Gort: Remember that song, Frank Sinatra. Yes. Commissioner Suarez: I don't mean to sound overly dramatic, but over my dead body. Chair Gort: Well, I have to tell you, I had to do the same thing in one of the requests I had in my neighborhood so -- I mean, we're looking at the -- Commissioner Suarez: Mr. Chairman. Chair Gort: -- safety of our neighborhoods. That's important. Commissioner Suarez: Mr. Chairman, can I -- Chair Gort: Yes. Commissioner Suarez: -- just speak a little bit longer on this? Chair Gort: Beg your pardon? Commissioner Suarez: May I say a few more words on this? Chair Gort: Sure. Commissioner Suarez: Thank you. The evolution of closing Coral Gate has been a multi -decade long process which began when 1,900 cars were using the neighborhood as a cut -through. It's long preceded my being there, living there, and being a board member for the homeowners association and helping, as a board member, the process of -- after having seen, by the way, pink wall one, its success and its beauty, and having been at the ribbon -cutting or whatever for that while I was running for office and it was inaugurated by you. Our residents requested it because - - specifically at the time, because of a crime wave, and that was one of several different ideas that were contemplated by the homeowners association to reduce crime. It was not an easy process getting all the easements signed. It took a long time, but we put in a tremendous amount of effort. And there was a lot of discussion about whether it was worthwhile at that point to permanently close those barricades, or whatever they were, which by the way, could not have been used for emergency vehicles because they were not only closed, but they also had these wooden sticks in the middle of them which would have made it impossible, which is why I think -- I remember at the time that we actually voted unanimously to close all those enclosures that the - - we had an opinion from the Fire Department and from the Police Department, which corroborated the fact that they were not being used by emergency vehicles, so that's why I think this Commission did that. And we obviously did it on advice from our attorneys and from staff City of Miami Page 115 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 that that was the appropriate step that needed to be done before building the wall, which was built very, very quickly. I may or may not be correct in saying -- and Commissioner Sarnoff, you can correct me if I'm wrong -- but 1 think the pink wall one, if I'm not mistaken, may have also blocked one right-hand turn from inside of Natoma onto US 1. Commissioner Sarnoff. Pink wall isn't a good -- I'm in good shape with pink wall one and good shape with pink wall two because those are closures to FDOT -- Commissioner Suarez: Okay. Commissioner Sarnoff. -- and FDOT has agreed with all those closures. Commissioner Suarez: So it's different. Commissioner Sarnoff. Right. Commissioner Suarez: It's not County related so -- Commissioner Sarnoff. Correct. Commissioner Suarez: Okay, I gotcha. So -- yeah, I know. I certainly will support. And by the way, I can tell you that since the wall has been completed, the crime has gone down tremendously. You know, the property values are doing well. There's not many homes for sale. There used to be 15 to 20 homes for sale. We're still in a down, you know, real estate market and there's like one, almost none for rent. So, you know, the neighborhood's responded very, very well since the wall was put up and the neighbors are very, very happy. Commissioner Sarnoff. Thank you. And it's good to hear that it had some deterrent effect. Chair Gort: Thank you. Anything else? Commissioner Sarnoff. That's it. Thank you, Mr. Chair. NA.4 RESOLUTION 11-00117 District 1 - Commissioner Wifredo (Willy) Gort A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO SEEK INJUNCTIVE RELIEF, OR ANY OTHER ACTIONS AT LAW OR IN EQUITY TO ENSURE COMPLIANCE WITH ALL APPLICABLE LAWS, WHETHER LOCAL, STATE OR FEDERAL, TO CORRECT VIOLATIONS AT THE RAILROAD CROSSING LOCATED AT NORTHWEST 22 AVENUE AND NORTHWEST 22 TERRACE, MIAMI, FLORIDA, IN ORDER TO PRESERVE AND PROTECT THE PUBLICS HEALTH, SAFETY AND WELFARE. 11-00117-Legislation. pdf Motion by Vice Chairman Carollo, 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-11-0058 Chair Gort: Got it, okay. DI (District 1). When I first got elected in January of 2010, the City of Miami Page 116 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 NA.5 11-00145 biggest complaint that received -- and I'm sure Mariano knows about this one -- the railroad closing at Northwest 22ndAvenue and 23rd Street. On February we started sending letters and communication with the County Commissioners, being that 22ndAvenue is a County road, and we started working and trying to fix that railroad track. I have all the documents and e-mails (electronic) going back and forth. When we began in April through this year, we keep -- it keeps getting postponed. And mainly, it's not actually the City or the County, but it's the railroad. Which is the agency? CE --? Unidentified Speaker: CSX. Chair Gort: -- CSX that we're having problems with. For that reason, I'd like to read a resolution. And this is a resolution of the City ofMiami City Commission authorizing the City Attorney to seek injunctive relief or any other action in law or in equity to ensure compliance with all applicable laws with the local, state, federal to correct the violations at the railroad crossing located at Northwest 22ndAvenue and Northwest 22nd Terrace, Miami, Florida, in order to preserve and protect the public health and safety and welfare of the residents. Vice Chair Carollo: So move. Commissioner Sarnoff. Second. Chair Gort: It's been moved. Is there a second? Commissioner Sarnoff. Second. Chair Gort: Moved by Vice Chairman Carollo and second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Appreciate it, gentlemen. DISCUSSION ITEM DISCUSSION BY CHAIR GORT REGARDING BRIDGE OPENINGS DURING RUSH HOUR THAT CREATES SERIOUS TRAFFIC PROBLEMS FROM 27TH AVENUE TO BRICKELLAVENUE FOR RESIDENTS AND COMMUTERS. DISCUSSED Chair Gort: The second complaint and discussion item that I'd like to have is I'm sure all of you have had the problem. If you recall, the -- our Congress -- Ileana Ros-Lehtinen, our congresswoman, secured some funds to dredge the river 'cause one of the biggest problems that we had that the river -- I think the depth was only 15 and they needed to take it down to 25 so it could travel at any one time. During that time that the dredge had not taken place, the bridge opening for commercial vehicles or boats would take place during rush hours. I go way back a few years when there was restriction, the bridge would never open between 7 and 9 and between 4 and 6. At this time, the dredging has taken place, the river can be traveled because the depth has gone down quite a bit. But the other day, I had two ships (UNINTELLIGIBLE) December 2. It was the lowest tide that the river has ever had. You had two cargo ships going through it. Now if you think traffic is bad, when you look at the -- I stood there I think for about 15 minutes. Traffic on 17th Avenue coming from the north, the backup went all the way to 20th Street. Traffic coming from the south, it went all the way back to almost 1st Street, Northwest 1st Street. Now this is taking place at Brickell Avenue, 12th Avenue, 27th Avenue, and (UNINTELLIGIBLE). Now my understanding is the boats now can go in and out low tide, so there's no reason why we City ofMiami Page 117 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 should interrupt the traffic pattern that we have, especially during those hours. Yes, sir. Nzeribe Ihekwaba: Good afternoon. Zerry Ihekwaba, Public Works director. We've communicated this issue and the complaints to Miami -Dade County Public Works, and I'm sure your office has received responses from Ms. Esther Calas, the director. This is a federal matter. It belongs to the US (United States) Coast Guard and the times are posted by them. So what we've -- I've sent an e-mail (electronic) request to the US Coast Guard yesterday to the seventh -- the chief of operations section for bridge branch asking for them to monitor the traffic before they actually carry out some of these closures, especially during the peak hours of the day. Chair Gort: My understanding, andl might be wrong -- I'm not an attorney -- but I read some -- the federal laws andl think it's up really to the County. Now, my understanding is the feedback thatl received from some of the carriers is that the reason they can stop at that time, even if it's a low tide, because they need the low tide because now they put a lot more load on it -- Mr. Ihekwaba: Yes. Chair Gort: -- so they can make a lot more money. So that's an excuse because their profit is our loss because when you have all of those vehicles sitting there wasting gas, wasting manpower, people not showing up to work, and you got the health district, you got the court system -- you've got a lot of people that need to get to those places on time. So I'd just like to bring this up because I know -- I'm sure, Commissioner Sarnoff, you get a lot of complaints on this one. And I'd really like to see if we can do something 'cause I mean, we spent millions of dollars in dredging the river. Mr. Ihekwaba: We will continue to work with the US Coast Guard because as far as I've been directed and guided, this is purely a federal matter. The City or the County cannot change the times because they are clearly stipulated in the law. So again, we'll continue to work with the Coast Guard. The County has explicitly said work with the US Coast Guard; it doesn't belong to their jurisdiction. Chair Gort: Well, my understanding there's going to be a meeting at the Mayor's office -- Mr. Ihekwaba: Yeah. Chair Gort: -- andl hope we'll have all the documentation there to make sure -- to see whose responsibility it is. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff. As an admiralty lawyer, I could tell you that this comes under Code Section Title 33, USC (United States Code) Section 117.305, subpart B, which is known as the Miami River. As it pertains to Brickell, Subsection D, it states pretty clearly the drawbridge of Brickell Avenue, mile .01 at Miami shall open on a signal except that from 7 a.m. to 7 p.m. Monday through Friday, except for federal holidays. The drawbridge only need open on the hour and half hour from 7: 35 a.m. to 8:59 a.m., 12:05 p.m. to 12: 59 p.m., and 4:35 p.m. to 5: 59 p.m., Monday through Friday, except federal holidays. The drawbridge need not open for the passage of vessels. It goes on to do a very similar action with regard to the Miami Bridge -- Miami Avenue Bridge. This is a very discreet area for the federal regulation. I understand there's an entirely different process you have to go through in Washington, DC to make a change to the CFR -- well, to the USC, and it would involve an actual passage of a new law in Congress. So while you may want to go up to the Mayor's conference room, you probably need to go closer to Washington, DC to get this done. City of Miami Page 118 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Mr. Ihekwaba: Okay. Chair Gort: Okay, but we need do something. NA.6 DISCUSSION ITEM 11-00146 DISCUSSION BY CHAIR GORT REGARDING THE DIRECTOR OF PUBLIC SAFETY POSITION IDENTIFIED IN SECTION 24 "DEPARTMENT OF PUBLIC SAFETY" OF THE MIAMI CITY CHARTER. DISCUSSED Direction by Vice Chair Carollo to the City Attorney to place a discussion item pertaining to the creation of a Charter Review Committee on the agenda for the March 10, 2011 Miami City Commission meeting. Chair Gort: The next item that I have, at one time here -- you all received copies -- we had the Department of Public Safety. The reason I brought this up because the City Manager was just appointed the other day and he had to hire someone to give him some information about the police and they're doing some auditing or whatever they want to call it. Except for maybe Vice Chairman Carollo here, I'm not an expert in any police matter. I don't think any of the managers that served in the past an expert in police and fire, public safety. And for that reason -- at one time we used to have this position that was called the assistant county manager in charge of public safety. And l just brought this up back -- I know at this time the budget that we have is -- may not -- might not allow this position to take place, but at the same time, according to the City Charter, anyone can be named to this, but I believe if -- we should look into this, but it should be -- we should put criteria that the person that can be assigned or named to this position has got to be someone with the experience and the knowledge of public safety. It cannot be anybody. So this is just food for thought that I brought in here so we can discuss this issue . At the same time, we used to have it at one time. When was it terminated and how come we no longer have it? Julie O. Bru (City Attorney): Mr. Chair, actually that's an interesting question because just recently Maria andl were looking through all these legislative records and there was a Department of Public Safety that was in our charter. In 1964, by ordinance, the Commission didn't specifically abolish the Department of Public Safety, but what they did was they created two new departments, which under the charter, the Commission may from time to time discontinue departments, create departments, abolish, merge, whatever. So in 1964, what used to be a Department of Public Safety that had two divisions, the division of Fire and the division ofPolice, under one director, the director ofPublic Safety, who reported to the City Manager, that department, not expressly but by an ordinance, there were two new departments created, the Department ofPolice and the Department of Fire. So it was the opinion of a former City Attorney back in the '90s when an issue came up about the tenure of the chief ofPolice whether or not the chief of Police continued to have the ability to come to the Commission and have the Commission render the final judgment under termination. That prior City Attorney thought that when the Department of Public Safety had been abolished by the creation of two new departments, Police and Fire, that the tenure of the chief ofPolice had also been abolished. And at that time there was an ordinance, an emergency ordinance, by the way, that was adopted where the code now has that language about the Manager suspends the chief and then within "X" number -- Chair Gort: Right. Ms. Bru: -- of days, the Commission has to render final judgment. So that is the history. Now Maria andl looked at this and we kind of wonder, you know, if in fact the Department ofPublic Safety was abolished and it no longer exists, you know; yet, the charter -- when we readopted the City of Miami Page 119 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 charter in 2001, we kept it in here. It should have been taken out so -- Chair Gort: Okay. Ms. Bru: -- there's a little bit of an issue there. Nevertheless, you can at any time create a new department, if you so wish, to create a Department ofPublic Safety or, alternatively, you can always recommend to the Manager that you want a particular function to be performed by a particular position. And if it is, you know, this Commission's recommendation to the Manager that there be some person in the City who performs this function, it's a recommendation that the Manager can -- as long as he has a position that can be filled, you know, it's a recommendation that can he take. Ultimately, he is the head of the Administration of the City ofMiami. It is up to the Manager to determine how to supervise all the departments in the City and all the officers in the City, and he can, under the charter from time to time, appoint an individual to oversee the affairs of a department or investigate the conduct of any official in the City, and that person whom he appoints has subpoena powers by the way. So, you know, your suggestion, I guess for purposes of discussion -- I just gave you a little history on this, but -- Chair Gort: No. I appreciate it because I was reading through the charter andl saw that. I don't have any problem in the -- andl think the final decision should always be in the Commission. I mean, we get elected by the residents and we should have the final decision in this type of case. But what I'm understanding you saying that at one time, there existed the department, but the reason the department was do away because they created the two chiefs and the chief respond directly to the Manager, okay. Yes. Commissioner Dunn: I want to ask the Attorney, so in your opinion, just for clarity for my non -legal mind, the position of Public Safety director does or does not exist? Can you clam that for me? Ms. Bru: In my opinion, it doesn't exist because there is no longer a Department ofPublic Safety. Now there's a Department ofPolice and a Department of Fire, and in that -- in our code, the ordinance that you adopted creating those two departments specifically said the chief of Police is under the supervision of the City Manager, where previously the charter said the chief ofPolice is under the supervision of the director ofPublic Safety. Chair Gort: Okay. Ms. Bru: So it doesn't -- the position of director ofPublic Safety does not exist currently. Chair Gort: Does not exist, okay. Commissioner Dunn: Let me -- Chair Gort: Yes. Commissioner Dunn: Okay. So -- but then I also heard you say that the Manager can appoint -- Could you clam? I was trying to -- I heard it, but I just want to make sure that -- Ms. Bru: Well, the Manager exercises control over all departments. Commissioner Dunn: Got it. Got that. Ms. Bru: Okay. So in his discretion he can choose to exercise control over a particular department by designating a particular individual within his administration to supervise that department. That's my opinion. He can also -- there's a specific charter provision, Section 17, that also allows the Manager to, without notice, cause the affairs of any department or the City ofMiami Page 120 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 conduct of any employee to be examined, and he can do so by appointing someone to do that and that person has subpoena powers. So he has available to him, both in the charter and by virtue of the office that he holds, the ability to appoint an individual to supervise or examine the affairs of anyone -- any of his employees in the City. Commissioner Dunn: Okay. Now let me ask another question. Cut right through [sic] the chase. Given the recent appointment of Mr. Phillip [sic], what -- does that apply to him or it does not apply to him? Okay. Tony E. Crapp, Jr. (City Manager): Mr. Phillips is an adviser to me. He's a member of my staff. He does not have subpoena powers. He's like any other member of my staff. Commissioner Dunn: Okay. Mr. Crapp: He has a specific task, and you know, it gives me an opportunity to clam the fact that space was made in my office in order to accommodate Mr. Phillips. I actually ended the assignment of another employee in my office in order to make space. So budgetarily [sic], we had the funds to do it, he's a member of my staff. I'm very pleased with the progress that he's made up to this point, andl take the Chairman's directive under advisement and I'll report back to the Commission later on this issue, but I have no problem with that. Chair Gort: Any other comments? Commissioner Dunn: Well, I mean -- just -- so -- okay, I understand. It's an advisory. But now if this Commission said that we wanted the position of -- what would you call it 'cause --? Public safe -- okay, it doesn't exist, but that's why I'm trying -- a public safety director or -- now that can be for a period -- it does not -- or for a function? Does it have to be permanent? That's what I'm trying to get clear or -- butl need a little clarity on that. Vice Chair Carollo: And the cost associated with that position. Chair Gort: The reason maybe -- andl don't want to have any additional cost to the budget because right now we have a budget that we have to work with and we have to do a lot of things. Mainly what it is is the -- and you had stated the City Manager has the ability to bring anyone with expertise to look into any of the departments in the public safety. In other words, he acted before in conjunction with his duties and his performance. So what we're saying is he can bring at any one time -- and the reason I'm asking, gentlemen -- and like I stated before, I don't have any experience in public safety. I have to take the word of everything that is presented to me and said to me. And we don't have the -- at this time, I don't think the Manager either has the expertise -- I don't think we ever had a manager that had an expertise in public safety. So my understanding -- and he's got the right then to bring anyone to see the affairs of either departments. Ms. Bru: You know, there's two different issues that I'm hearing. One issue is whether or not the Manager has the authority to appoint someone to supervise the Police Department -- Commissioner Dunn: That's what I'm -- Ms. Bru: -- which -- that's his discretion. The Manager exercise complete control -- Commissioner Dunn: Okay. Ms. Bru: -- over all departments and all employees, and if he wants to supervise the Police Department by appointing someone specifically, that's within his discretion. Separate and apart from the fact that he's the head of the administrative body of the -- you know, the administrative City of Miami Page 121 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 -- he's the chief administrative officer of the City, there's a specific charter provision that gives him the authority to examine the affairs of the departments and of the officers in the City and the employees, and that specific charter section allows him to appoint someone to do so and that individual has subpoena powers. Now I'm just mentioning that because I'm addressing all the different -- Commissioner Dunn: Right, right. Ms. Bru: -- provisions in the charter that concern the Manager's ability to have oversight over the department. You also have the Civilian Investigative Panel who -- part of the task that it has is to examine the departmental regulations of the Police Department and make recommendations to the Manager about the Police Department's, you know, regulations and DOs (Departmental Orders) so -- Chair Gort: Okay. Vice Chair Carollo: And Mr. Chairman, just one point of clarity. Mr. Phillips is not supervising the Police Department. He is strictly acting as a consultant to you with -- which relates to police matter, but as a consultant to you relating to police matter. He is not supervising the Police Department. Mr. Crapp: He's an employee. He's an advisor to me. He is not supervising the Police Department. Vice Chair Carollo: Okay, and l just want to clam that 'cause I could see the phone calls already from reporters saying, Commissioner, how do you feel about employing a new person supervising --? I just want to make that clear. Chair Gort: My understanding, public safety will be supervised by their chief and that's very much understanding. Mr. Crapp: Right. Commissioner Dunn: Say -- could you repeat that again, Mr. Chair? Chair Gort: Public safety, they'll be supervised, the department, by the chief. We -- the Manager selects the chief of Police and the chief of the Fire, and we have confidence that they're doing their job. The things that I would like to know is -- I don't have any ability to see if performance is being done in according [sic] to the restrictions. At the same time, we have request for different equipment. We have request for different type of expenditure and thatl want to make sure when it comes to me, I have to take the word of the person that we have appointed -- or the Manager have appointed in there. I just want to be reassurance -- like I said before, I think the only person here that really has any experience -- well, Commissioner Sarnoff was a police officer at one time too so he has some experience in that and -- Commissioner Dunn: So last -- this and I'm clear on it. Last -- so if this person -- at the Manager's discretion, if the Commission -- Chair Gort: (UNINTET,TIGIBT,F) Commissioner Dunn: -- said, hey, this is something that we would like to broach or look at. Then the appointed person could be -- the Public Safety director could be to oversee any department -- let's just say any department. Would that person have supervisory authority over, say, the Police chief Fire chief or whoever? City of Miami Page 122 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Ms. Bru: Again -- Commissioner Dunn: Or oversight. Do you understand what I'm saying? Because when you look at the definition of the Public Safety director that used to be -- am I clear? -- okay. What, in fact, is his or her -- if that were -- you know, what, in fact, would be their authority if given by, say, this body and this Manager? Ms. Bru: The Commission can only establish/create a department. If the Commission wanted to create a Department ofPublic Safety, by ordinance you can create a Department of Public Safety and you can describe the functions of that department. And the Manager then would have the authority to appoint a director ofPublic Safety because it is the Manager who appoints all department directors. The other aspect of this is that since the Manager supervises the entire workforce, the Manager can determine how best to perform the supervisory responsibilities that he has by designating duties to individuals within his Administration, be it a super cop or be it, you know, a super planning department expert, you know, whatever it is. So -- but that's his call and that would be, you know, his, you know -- whatever his discretion in terms of how he wants to organize his workforce and control his workforce. Commissioner Sarnoff. So who's the super cop now? Is that (UNINTET,TIGIBT,F)? Is that the super cop? Is that --? We have a super fireman? Chair Gort: He's standing right there. Commissioner Sarnoff. I -- well, that's whatl thought. I thought Kemp was the super fireman. I thought the super cop was Exposito. I mean, I'm -- now I'm getting kind of lost 'cause here's my understanding. My understanding -- and I did the research too, Madam City Attorney -- is that this is a vestige. This is a vestige of an old law, old charter provision that simply, as a result, I think, of allowing citizens to do a charter review -- and the fact they were not compensated, I don't think they were as careful as they should have been -- they left a vestige of old charters in the particular 2001 charter amendment. And while it's nice and everybody's going to hang their hat on this or that, it's not the way we do business in the City ofMiami and it hasn't been the way we've done business in the City ofMiami since I think 1961, you said '64. Chair Gort: Sixty-four. Commissioner Sarnoff. I think it's '61 andl think you should check. But the point being a lot, a lot of years. I was two years old when you stopped doing business like that. So -- Chair Gort: Thanks a lot. Appreciate that. Commissioner Sarnoff. Right. And you might have been a little older. Chair Gort: Quite older. Yeah, thank you. You have to rub it in. Commissioner Sarnoff. So, I mean, I don't know where we're going to go with this. It's sort of like our tails, you know, that little back part right there. It's called your vestige. You don't use your tail anymore. You don't have a tail. You don't have a director ofPublic Safety; haven't had one for years. It's just something that somebody left behind that should have been careful and didn't take it out. Commissioner Dunn: Almost like -- Ms. Bru: If may. Chair Gort: It should have been taken out. City ofMiami Page 123 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Commissioner Dunn: -- the CRA (Community Redevelopment Agency) issue. Commissioner Sarnoff. Almost like the CRA -- exactly. Vice Chair Carollo: And by the way, I didn't have that much time to do the research, but I have 1951 and 1941 so -- Commissioner Sarnoff. I think you might be right. I think it's older than that. Vice Chair Carollo: Andl think there's case law on it too. Ms. Bru: Yeah. Well, ifI may say -- Commissioner Sarnoff. There's a 1932 case. Ms. Bru: -- something. I think even though -- you're right. I mean, that charter section is there. It hasn't been operative for many, many years. When you think about the current world that we're living in where police and fire have to work so close together because the threat that we face now is unlike what we faced back in the '40s when this charter provision perhaps was operative, you may want to reconsider calling this a vestige because right now public safety involves more than just being a cop and being a firefighter. It involves having a lot of information about terrorism and there may be a need in the future to have somebody with that kind of -- somebody who is both a super cop and a super fireman at the same time. Commissioner Sarnoff. You know, we were having a discussion, Mr. Chair, earlier today with regard to this -- whether we should have -- whether the ordinance that the County had in 1984 precluded or allowed the City to have these signs that allowed for, you know, changing faces. You know, in 1984 a cell phone weighed, what, four and a half pounds. This cell phone today is seven times faster and seven times more powerful than the computer that put the man on the moon. And if you remember, it took six buildings. Things have changed and we continue to evolve. And a lot of our thoughts in 1984 are simply not our thoughts in 2004 and won't be our thoughts in 2014. So, you know, it's a good conversation, it's an interesting one, but it's like your tail; it's a vestige. You don't have it anymore, even though you might feel it sometimes. Commissioner Dunn: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Dunn: To Madam City Attorney, I believe it's probably time for -- I know it's a lot of work -- a charter review because it's a lot of things in the charter that are obsolete. Commissioner Sarnoff. You're absolutely right about that. Chair Gort: It should be cleaned up, yeah. Commissioner Sarnoff. Lot of work, though. Chair Gort: When was the last time we had a charter review? Unidentified Speaker: (UNINTET,TIGIBT,F). Commissioner Dunn: Ten years. Commissioner Sarnoff. That could be -- City of Miami Page 124 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Commissioner Dunn: It's a lot of -- Commissioner Sarnoff. -- a very long process. Commissioner Dunn: Yes. Commissioner Sarnoff. A very expensive one too. But you're right. You're absolutely right. Commissioner Dunn: You mean I'm on solid ground? Chair Gort: I think we need to do that. Commissioner Sarnoff. You are so -- terra firma is where you are -- terra forma. Chair Gort: Okay, thank you. Do we go --? Commissioner Dunn: Wait a minute. You got the other -- Commissioner Suarez: I want a charter -- Chair Gort: Yes. Commissioner Suarez: -- review as well. I do. Commissioner Sarnoff. You're in charge. Chair Gort: You're it. Commissioner Suarez: Sure. Chair Gort: You're it. Commissioner Suarez: That's fine. I'll do it. Commissioner Sarnoff. You should form a committee, allow each Commissioner to appoint somebody. It's a lot of work though. Vice Chair Carollo: Or could we appoint ourselves? Commissioner Suarez: I think we would have -- we could, but we'd have to do it according to sunshine rules obviously, but I -- Chair Gort: (UNINTET,T IGIBT ,F) public hearing. Vice Chair Carollo: Can we actually bring it back as a discussion item so --? Commissioner Sarnoff. Yeah. That's not a bad idea. Chair Gort: Yeah. Vice Chair Carollo: Let's bring it back as a discussion item -- Chair Gort: Bring it back. City of Miami Page 125 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 Vice Chair Carollo: -- but I think we're all on the same page. Commissioner Sarnoff. A lot of work, though. Vice Chair Carollo: And Mr. Chairman, by the way -- Chair Gort: Yes. Vice Chair Carollo: -- all the BC (Boards & Committees) items, I'm going to continue all my board appointments. Commissioner Sarnoff. Same here. Commissioner Suarez: I only have one. I only have one BC, just one. Commissioner Sarnoff. You can't get with the program? Chair Gort: I have -- Commissioner Suarez: Yeah. I can get with the program. It's not the end of the world. I can get with the program. Priscilla A. Thompson (City Clerk): Before we move -- Commissioner Suarez: Hey, we did a couple things before we went to lunch. We're flexible, you know. Let me just get one thing in there. Chair Gort: Excuse me. Wait a minute. Ms. Thompson: Before we move, Commission and Chair, you did give the direction to bring back to the meeting. Which meeting would you like this information brought back on for the charter review? Chair Gort: Yes. Commissioner Suarez: Yes. I'll put it on as (UNINTET,TIGIBT,F) for me. Vice Chair Carollo: Yeah. We'll put it as a discussion. Commissioner Sarnoff. Well, I'm not going -- Ms. Thompson: Which -- Commissioner Sarnoff. -- to be here for the next meeting. Could you bring it the following? Vice Chair Carollo: Yeah. Commissioner Suarez: We'll do it the one after. That's fine. Ms. Thompson: So that's March 10? Commissioner Suarez: Yes. Vice Chair Carollo: Yeah, discussion item in March 10. Ms. Thompson: Thank you. City of Miami Page 126 Printed on 2/22/2011 City Commission Meeting Minutes February 10, 2011 ADJOURNMENT A motion was made by Vice Chair Carollo, seconded by Commissioner Sarnoff, and was passed unanimously, to adjourn today's meeting. City of Miami Page 127 Printed on 2/22/2011