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HomeMy WebLinkAboutCC 2011-03-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 1 r V drCuRe 4RATtI ! L Meeting Minutes Thursday, March 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 March 10, 2011 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM -APPROVING MINUTES CA - CONSENT AGENDA 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 ofMiami Page 2 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Dunn II On the 10th day ofMarch 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 9:32 a.m., recessed at 11:40 a.m., reconvened at 11:54 a.m., recessed at 12: 20 p.m., reconvened at 3:10 p.m., and adjourned the meeting at 4: 20 p.m. Note for the record: Commissioner Dunn entered the chambers at 9: 43 a.m., and Vice Chair Carollo entered the chambers at 9: 57 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Tony E. Crapp, Jr., City Manager Priscilla A. Thompson, City Clerk Chair Gort: Welcome to the City ofMiami Commission meeting ofMarch 10, 2011. With me and members of the Commissions [sic] is -- Commissioner Richard Dunn should be around in a minute -- Commissioner Marc Sarnoff, Commissioner Suarez, and myself Chairman Gort. With us also we have the City Manager, Tony Crapp. We also have City Attorney, Julie Bru, and we have the City Clerk, Priscilla Thompson. At this time I would like to have Commissioner Sarnoff to open the meeting with a prayer. Commissioner Sarnoff.. I'd like to also state there is a surrogate mother in this town who's been here for many years who is about to pass. Her name is Dorothy Quintana. She's 102 years old. She's originally from Puerto Rico. Most of us know her as a civic and political activist. She is an extremist and may be about to make her transition any day or moment now. She's resting at home. I think each one of us know Dorothy in our own way, and each one of us has been touched by her in our own way. And if just today we could just spend five minutes remembering something that she did for each and every one of us, I think it would make her passing, and hopefully finding a better place that she goes to, a better day for her today. Thank you. Invocation and pledge of allegiance delivered. 9:00 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 11-00207 PRESENTATION Honoree Bicycle Action Month 11-00207 Protocol.pdf PRESENTED Presenter Protocol Item Mayor Regalado Proclamation 1. Commissioner Sarnoff paid tribute to John Voss from the Virginia Key Bicycle Club, honoring his commitment to an elevated quality of life for the residents and visitors of South Florida, and acknowledged his volunteer work to assure the creation of the Virginia Key Mountain Bike Trail, a project which he championed as a member of the Virginia Key Bicycle Club, and for which the group gained City approval and additional support to build the trail and assure its opening to the public. City ofMiami Page 3 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 MAYORAL VETOES 2. Chair Gort presented a Certificate of Appreciation to Kiwanis Club of Little Havana, recognizing the importance of their contributions in the provision of services to our citizens, and honored their continued support of various programs and initiatives, including the Club's generous philanthropy that speaks of the nobility of their service to the community. 3. Commissioner Sarnoff presented a proclamation on behalf of Mayor Regalado to the Bicycle Action Committee, declaring the month of March to be Miami Bicycle Action Month, recognizing the value of increasing bicycle usage to promote health and wellness, in addition to addressing the problem of greenhouse gas emissions. 4. Vice Chair Carollo presented a Distinguished Citizen Proclamation to Xavier Cortada, recognizing his artistic genius and genuine value to the elevation of our quality of life, applauding Mr. Cortada's creativity as shown through his recent artwork The Four Nucleotides, and paid highest tribute to Mr. Cortada for beautfing our City, increasing Miami's recognition nationwide through his creations, enriching our culture, and inspiring a new generation of Americans to see life in new and exciting ways. Chair Gort: At this time we're going to make some presentations. Presentations made. [Later...] Chair Gort: Welcome from the recess. My understanding, City Clerk, we'll have to wait until we have the full board before we can -- Priscilla A. Thompson (City Clerk): Correct. Commissioner Dunn: Oh, yeah. Chair Gort: -- (UNINTET,T IGIBT ,F) 3:10: 43 with your requests. We have a couple of items that we need all five members to be here. Ms. Thompson: Chair -- Chair Gort: Yes, ma'am. Ms. Thompson: -- you've lost your quorum. Chair Gort: Lost the quorum, okay. I'm getting good at doing this. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, Vice Mayor [sic] -- Vice Chairman. Vice Chair Carollo: I want to see if could ask for a point of privilege. I know that earlier it was mentioned that have a proclamation andl wanted to see if we could do it now since the artist is here. Chair Gort: We'd love to, yes. Presentation made. NO MAYORAL VETOES City ofMiami Page 4 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Chair Gort: Do we have any Commissioners that would like to pull any of the items? Priscilla A. Thompson (City Clerk): Excuse me, Chair, ifI might. Chair Gort: Yes. Ms. Thompson: Your -- on your agenda, your next substantive item would be your mayoral vetoes and then your minutes. And we have no mayoral vetoes. Chair Gort: No mayoral vetoes. They got to change my instructions in here. They have that first, so -- APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Suarez, seconded by Commissioner Dunn II, to APPROVED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Carollo Commissioner Suarez: I move the minutes of -- Chair Gort: -- they have to change it. Commissioner Suarez: -- February 10. Chair Gort: It's been moved. Is there a second? Commissioner Dunn: Second. Priscilla A. Thompson (City Clerk): Thank you. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. END OF APPROVING MINUTES ORDER OF THE DAY Chair Gort: Okey-doke. Now we'll begin our regular meeting. Madam Attorney, will you state the regulations -- Julie O. Bru (City Attorney): Yes. Good morning -- Chair Gort: -- procedures? Ms. Bru: -- Mr. Chair, members of the Commission, Mr. Mayor, Madam City Clerk, Mr. Manager, members of the public. Just by way of reminder, any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section regarding 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 you can also see it online at www.miamigov.com. Anyone wishing 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 are permitted. Please silence them now. And person who makes offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. Any person with a disability City ofMiami Page 5 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 requiring auxiliary aids and services for this meeting may notify the City Clerk. And the lunch recess will begin at the conclusion of deliberation for the agenda item being considered at noon, unless the Chairman indicates otherwise. There is also a Planning & Zoning item scheduled in this meeting, which is scheduled to begin after 10 o'clock. There may be some announcements concerning whether or not that item will be heard today. Thank you, Mr. Chairman. Chair Gort: Thank you. [Later..] Commissioner Dunn: Mr. Chair. Chair Gort: Yes. Commissioner Dunn: I would like to request a continuance for SR.4. Chair Gort: For which one? Commissioner Dunn: SR.4. Chair Gort: SR. 4? Commissioner Dunn: Yes, sir. Chair Gort: Continuance? Commissioner Dunn: Yes, sir. Chair Gort: To next meeting? Commissioner Dunn: Sometime -- yes. April. Chair Gort: Okay. Commissioner Dunn: Sometime in April. Chair Gort: Any other item? Administration? Tony E. Crapp, Jr. (City Manager): No, sir, Mr. Chairman. Chair Gort: No? Okay. Do we have a motion? Commissioner Suarez: Move it. Chair Gort: It's been moved. Is there a second? Commissioner Dunn: Second. Chair Gort: Moved by Commissioner Suarez, second by Commissioner Dunn. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. City ofMiami Page 6 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 CONSENT AGENDA CA.1 RESOLUTION 11-00070 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO Works OBJECTION AND SUPPORTING THE CODESIGNATION BY THE FLORIDA LEGISLATURE, PURSUANT TO SENATE BILL 1604, DESIGNATING 12TH AVENUE FROM SOUTHWEST 8TH STREET TO NORTHWEST 64TH STREET, MIAMI, FLORIDA, AS "KATHERINE FERNANDEZ RUNDLE AVENUE;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMITA COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX, FOR SIGN INSTALLATION WITHIN THE NEWLY DESIGNATED ROADWAY. 11-00070 Summary Form.pdf 11-00070 Senate Bill 1604.pdf 11-00070 Letter from FDOT.pdf 11-00070 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Carollo R-11-0078 CA.2 RESOLUTION 11-00118 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE A PERMIT TO AN APPLICANT CONTRACTOR TO TEMPORARILY OPEN ONE OR MORE VEHICULAR ACCESS STREET CLOSURES IN THE SHORECREST NEIGHBORHOOD, MIAMI, FLORIDA, TO ALLOW FOR LOCAL TRAFFIC ACCESS TO PRIVATE PROPERTIES FOR A PERIOD OF TIME NOT TO EXCEED THIRTY (30) DAYS, SUBJECT TO THE APPROVAL OF THE MIAMI-DADE COUNTY TRAFFIC DIRECTOR AND TO CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH HEREIN. 11-00118 Summary Form.pdf 11-00118 Letter to City of North Bay Villlage.pdf 11-00118 Legislation.pdf 11-00118 Exhibit 1.pdf CA.3 11-00204 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Carollo R-11-0079 RESOLUTION City ofMiami Page 7 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 District 4- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner PLACEMENT OF A MARKER DESIGNATION, PURSUANT TO SECTION Francis Suarez 54-136(1) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, IN THE PUBLIC RIGHT-OF-WAY LOCATED AT SOUTHWEST 10TH STREET ROAD BETWEEN SOUTHWEST9TH STREET AND SOUTHWEST 10TH STREET, MIAMI, FLORIDA, TO COMMEMORATE INTERNATIONAL RECORDING ARTISTS, HANSEL Y RAUL; SUBJECT TO ALL APPLICABLE PERMITTING REQUIREMENTS. 11-00204 Biography Hansel & Raul.pdf 11-00204 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Carollo R-11-0080 Adopted the Consent Agenda Motion by Commissioner Suarez, 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: 3 - Commissioner(s) Gort, Suarez and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Carollo END OF CONSENT AGENDA Chair Gort: Consent agenda. Do I have a motion? Commissioner Suarez: Move it. Commissioner Dunn: Second. Chair Gort: Been moved and second. Moved by Commissioner Suarez, second by Commissioner Dunn. Is any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Commissioner Suarez: Mr. Chairman, can I have a point of privilege? Chair Gort: Yes. Commissioner Suarez: There's been some discussion about these designation of streets, et cetera, et cetera. I think maybe at some point in the future, the City Commission may want -- I'm not a big fan of the whole designating street things. Usually we receive requests from an outside agency to designate a street or mark a street or whatever. Maybe we can implement some standards as a Commission. For example, we won't designate streets for people who are alive still on the possibility that, you know, they could do something that would embarrass the City or some -- you know, some sort of a standard so we can go back to a community who may request something and say, look, unfortunately, this doesn't comply with one of our standards, and so it's not eligible for whatever reason. I'm not sure if that's something that the rest of the Commission -- and obviously, we're missing a couple of Commissioners -- would be in favor of but it puts us in a very bad positions 'cause sometimes we're asked to do, you know, something on behalf of an City ofMiami Page 8 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 organization and, you know, it'd be better if we had some kind of standards that we could apply across-the-board so no one would say that we're playing favorites, that we're doing something for one person; not doing it for another, or that it's personal, you know, or that it's for ethnic reasons or anything like that, and just something to consider for the future. Chair Gort: My understanding, we had a set of regulations. And my understanding was one of them was the person had to be deceased. The person couldn't be alive. The problem that we have, as you're aware of we have a lot of different jurisdictions and we got the state -- the legislative [sic] can nominate any of the streets, the state streets, put the names on, and they go ahead and they put it right back on again. I don't know what the -- Madam Attorney, if you can enlighten us a little bit on this. Julie O. Bru (City Attorney): Yes. If you'd like, I will send to you copies of the relevant code sections and other jurisdictions' regulations regarding street naming. But we did at one point have a requirement that in order to name a street -- the ones that are within our jurisdiction, by the way -- after an individual who was alive, I thought there was supposed to be a super majority of four fifth vote. That provision sunsetted. I don't think that that's any longer operative. Yeah, it's -- that's no longer in our regulations. And then the item that's before you today is one that is a state-controlled road, and that was the state Legislature who has the authority to -- Commissioner Suarez: Right. Ms. Bru: -- codesignate. Commissioner Suarez: I just think that from our perspective, from the City's perspective there should be some standards in place. For example, whether the person's alive or dead; that the person hasn't been convicted of a crime; you know, et cetera, et cetera, et cetera, so that, you know, there's no debate. If somebody comes and asks us as an agency that's well intentioned and well meaning that wants us to put something on there, we could say, look, we're sorry; this doesn't, you know, fall under the standards that we've set as a Commission. We really can't do it. But something that we would all do by agreement so that there's -- you know, doesn't -- it doesn't appear to be personal or that you're discriminating against someone or that -- you know, it's a very clear, unambiguous standard and you just apply the standard, and if it works, it works. If it doesn't work, you go back to the agency and say, look, I'm sorry that -- that's not in line with the standards that we've created. Ms. Bru: I will consider this a request, that we prepare a model code -- Chair Gort: Yes. Ms. Bru: -- a provision -- Commissioner Suarez: Assuming that -- Ms. Bru: -- with standards -- Commissioner Suarez: -- my colleagues are in agreement and -- Commissioner Dunn: Yeah. Ms. Bru: Okay, all right. Chair Gort: We all full agreement. Commissioner Dunn: Mr. Chair. Yeah, I -- City ofMiami Page 9 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 SR.1 11-00099 Chair Gort: Yes. Commissioner Dunn: Certainly, I know that had been a sticking point and issue over the years because there have been cases where -- as my colleague's so aptly indicated, there have been over the years where individuals have had schools, streets, not necessarily in this municipality, but just in the South Florida area, codesigations; and something would come up and it was requested that they actually rebuke the -- or rescind, actually, the codesignation. I know that happened with a pretty prominent athlete once. So I -- your point is well taken. Chair Gort: Thank you. Did we vote on it? Priscilla A. Thompson (City Clerk): Yes, you had already voted on -- Chair Gort: Okay. Ms. Thompson: -- the consent agenda. Chair Gort: Okey-doke. ORDINANCES - SECOND READING ORDINANCE Second Reading 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, David Sarnoff FLORIDA, AS AMENDED (THE "CODE"), ENTITLED "ADMINISTRATION/ BOARDS, COMMITTEES, COMMISSIONS/ COCONUT GROVE BUSINESS 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 FR/SR.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 13255 Chair Gort: FR.1 [sic]. Tony E. Crapp, Jr. (City Manager): Mr. Chairman, SR.1 is a second reading ordinance that allows the Districct 2 Commissioner to update the membership of the Coconut Grove BID (Business Improvement District) by appointing an unlimited amount of nonvoting members at his discretion. Commissioner Sarnoff. Thank you. Move it. Vice Chair Carollo: Second. City ofMiami Page 10 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Chair Gort: It's been moved by Commissioner Sarnoff, second by Chairperson [sic] Carollo. Is anyone in the public would like to address second reading, SR.1 ? Does anyone in the public would like to address SR.1 ? Being none, going to close the public hearing. Any additional discussion? Being none, all in favor, state it by saying iiye. " Priscilla A. Thompson (City Clerk): It's an -- Chair Gort: It's an ordinance. Ms. Thompson: -- ordinance. Chair Gort: Sony. Read it. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. SR.2 ORDINANCE 11-00112 Second Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 31/ARTICLE III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS David Sarnoff AMENDED, ENTITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/CONVENIENCE STORE SECURITY," MORE PARTICULARLY BY REPEALING SECTIONS 31-76 THROUGH 31-78 AND REPLACING WITH NEW LANGUAGE THAT IS CONSISTENT WITH APPLICABLE FLORIDA STATUTES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00112 Florida Statutes 2010 Chapter 812 FR/SR.pdf 11-00112 Legislation FR/SR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II 13256 Chair Gort: Okay. SR. 2. Tony E. Crapp, Jr. (City Manager): SR. 2 is convenient [sic] store statute, sponsored by District 2 Commissioner. It's identical to the state statute to increase enforcement. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. I strongly urge that we pass this. This is pursuant to Florida Statute 812.173, and it sets up a set of criteria that convenient [sic] stores have to, for security reasons, adhere to. And there's a provision that we're just simply adopting the state statute, which is something that you know is obviously superior and necessarily something we have to ascribe to, so I'll be the mover. City ofMiami Page 11 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Commissioner Dunn: Second. Commissioner Suarez: Second. Commissioner Dunn: Second. Commissioner Suarez: Discussion. Chair Gort: Moved by Commissioner Sarnoff, second by Commissioner Dunn. It's a public hearing. Is there anyone in the public would like to address SR.2? Anyone in the public would like to address SR.2? Okay, it's an ordinance. Read it. Commissioner Suarez: No. Wait. I have a comment -- Chair Gort: Yes. I'm sorry. Commissioner Suarez: -- Mr. Chairman. Thank you. I want to thank again the City Attorney for including the state statute in the backup materials. I think there's -- there may be a scrivenor's error on the ordinance, and l just want some clarification from the City Attorney. Do you have it in front of you? Julie O. Bru (City Attorney): Okay. Yes, I do. Commissioner Suarez: Okay. It says here, the City adopts by reference a definitions provided in Section 812.174, but when you refer back to 812.174, that's not a definition section. That's a training of employee section. The definition section is actually 812.171, and l just wanted to make sure that that was -- Ms. Bru: Right. You know, I thought we had corrected that. You're correct, so -- Commissioner Suarez: Okay. Ms. Bru: -- we'll fix that. Commissioner Suarez: Okay. I just want to clarify that for the record since we're voting on it in second reading. Chair Gort: It's good to have attorneys here. Ms. Bru: Okay. Thank you. Commissioner Sarnoff.. Especially careful ones. Ms. Bru: Are we ready to read the ordinance? Chair Gort: Yes. Priscilla A. Thompson (City Clerk): IfI might ask the question before we reading -- we read, does that mean now we have a modification to the second reading that was presented? Ms. Bru: Yes, it does. Ms. Thompson: Thank you. City ofMiami Page 12 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 SR.3 11-00077 Department of Finance The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted, as modified, on second reading, 5-0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE IX OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC/PARKING FACILITIES SURCHARGE," MORE PARTICULARLY BY AMENDING SECTIONS 35-346 AND 347 TO CLARIFY EXISTING LANGUAGE RELATING TO THE COLLECTION OF PARKING FACILITIES SURCHARGE AND PENALTIES AND ADDING A PROVISION FOR REPEAT OPERATOR VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00077 Summary Form FR/SR.pdf 11-00077 Legislation.pdf 11-00077 Legislation SR (Version 2) 03-10-11.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II 13257 Direction by Commissioner Sarnoff to the Administration to create a schematic, such as a graph, which outlines how various options can be used to remedy violations of the Miami City Code involving vacant land, abandoned buildings, businesses operating without a license, etc. Chair Gort: SR. 3. Diana Gomez: Diana Gomez, Finance director. SR.3 is an ordinance of the Miami City Commission amending Chapter 35/Article 9 of the City code entitled `Motor Vehicle and Traffic/Parking Facilities Surcharge; " to clarify existing language related to the timing of receipts of parking facilities surcharge and adding provisions for repeat offenders. Since first reading, the change that was requested on the floor was made already. Chair Gort: Can you state the changes? Ms. Gomez: It was to add "or City Commission" when determining the type of parking equipment that would -- that may be mandated. Chair Gort: Okay. Thank you. Let me open it to the public before we make a motion. Open. Anyone would like to address SR.3? Anyone in the public would like to address SR.3? Being none, we close the public hearing. Commissioners. Commissioner Sarnoff.. I would move -- Commissioner Suarez: Yes. City ofMiami Page 13 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Commissioner Sarnoff. I yield Chair Gort: I need a motion. Commissioner Suarez: Thank you, Commissioner. Well, I have a -- I'll make the motion, but I have a question. Chair Gort: Moved by Commissioner Suarez, second -- Commissioner Sarnoff. Second. Chair Gort: -- by Commissioner Sarnoff. Discussion. Commissioner Suarez: Thank you, Mr. Chairman. My question revolves around the repeat offender -- repeat operator -- violator. It seems that -- and that's 35-347(c). It seems like the penalties for being a repeat violator are the same as the penalties for being a normal violator. In other words, when you -- if you violate once, they seem to have the same penalties that if you continue to violate. I mean, is that the intent of this body? Ms. Gomez: It is. It's -- the initial violations or the remedies, rather, are for -- are set out if they are late within a certain amount of time, if they are underreporting once or twice is the first section. The C section is for those that continue to repeatedly underreport and fail to pay and fail to turn in -- and even failed at the initial remedies is what we're calling repeat offenders. Commissioner Suarez: I guess my question is you carve out a whole section here for people who continue to break this code section, but it -- there doesn't seem to be any additional penalties for doing it. In other words, it's just -- I mean, is there any difference between being a primary violator and a repeat violator? I don't -- Ms. Gomez: If you look -- okay. Commissioner Suarez: Yeah. It says here has been found violating any part of Section 35-347 of the surcharge ordinance more than once shall -- in other words, repeat violator -- be subject to -- the operator shall continue to be subject to all remedies noted in (a) (6), so all of the prior remedies. The operator of the parking facility may be required to cease operation for a period of 30 days, which is the exact same thing as subsection (iii) up on the same page. The operator of the parking facility may be required to install parking revenue control equipment. And then subsection (iv) says the operator of the parking facility may be required to cease operations for a period of 30 days. And that's the same thing as -- so in other words, it's just the same thing backwards underneath? Ms. Gomez: It is very similar. The idea was to have -- if the individual operator falls within the Section 35-347(b)(1), which has -- they have five options there as to what they have done. Commissioner Suarez: Right. Ms. Gomez: The -- those are the -- you're right. It's going to be the same, but the way that we're -- the way that we enforce it -- the way that the regulations are is that we -- if they're repeat offenders, we'll go to the more drastic means is what the -- is what we're thinking of. Commissioner Suarez: But it seems to me that if they don't -- if they violate (1) through (5), then you have the same options as you do with someone who's a repeat violator, so it doesn't really matter that they're a repeat violator. In other words, you have that option from the first violation. I just don't -- I mean, it seems to be redundant to me. I don't know if the will of this Commission is to have suer penalties for people who are repeat violators, or is it the will of this City ofMiami Page 14 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Commission -- if it's the will of this Commission not to have any change for repeat violators, then I just think it's superfluous. We don't need that section. Chair Gort: No. Let -- anyone else? Commissioner Dunn: Go ahead. Chair Gort: Let me tell you. I think within the City, we have a little problem of enforcement. I have a place, since I got elected in January of last year, that's been giving me trouble, where we have the police every day. We have the fires there every day. They're not complying. At one time they didn't have the CU (Certificate of Occupancy), what do you call them now? Ms. Gomez: The BTR (Business Tax Receipt). Chair Gort: Tax -- Ms. Gomez: The BTR. Chair Gort: They didn't -- they don't have that. Their plans when they original [sic] got their permits, they're not in compliance with that. All we can do is keep sending the police officers everyday to direct traffic. And this is a port terminal in the river, right next to a beautiful neighborhood, 22ndAvenue and Ilth Street. All they can do is go there, issue a ticket. If they don't pay it, they'll still be in service. Can we, by law, stop it? And later on, I want to talk about the Nuisance and Abatement Board. I think that's one that we need to activate. So not only stiff penalties, but think we, the City, should be able to close these places. I don't know if we can or not. I mean -- Commissioner Suarez: I think that's -- Chair Gort: -- it's ridiculous. Commissioner Suarez: -- in there. It may be required to cease operations. I don't know if you want to change it from 30 days if they're a repeat offender or maybe 60 or 90 days for repeat offenders. I don't -- it's completely up to this Commission, you know. Commissioner Dunn: Mr. Chairman. Chair Gort: Yes. Commissioner Dunn: I don't know exactly which gauge to use, but certainly there should be a distinction. I mean, that's common -- Chair Gort: Yeah. Commissioner Dunn: -- sensible [sic] to me. Because if you -- you want to send a message. I support it. Commissioner Suarez: Whatever you guys want to do. I mean, I don't have a problem bringing it back or -- Commissioner Sarnoff.. Mr. Chairman. I think what the -- Commissioner Suarez is saying is he's looking for an escalation clause as -- what do they say? Fool me once, shame on me -- or shame on you. Fool me twice, shame on you. Chair Gort: I agree. City ofMiami Page 15 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Commissioner Sarnoff. Andl think what he's saying essentially is the second time they come back as a repeat offender, the remedies and the ramifications have to be heavier. But the Chair actually brings up a deeper, I think, different issue -- Chair Gort: Yes. Commissioner Sarnoff. -- that I'd like to, if you don't mind, jump on. Chair Gort: Jump on it, please. Commissioner Sarnoff. Okay. And -- you know, Mr. Manager, since I've been on this Commission, we have passed maybe too many laws, maybe not enough, who knows, but laws that were intended to deal with vacant land, vacant buildings, businesses that should not be in business, and I learned as of yesterday that I have the most vacant land in all of the City of Miami, and you wouldn't think District 2 would have that. And you go in front of these homeowners associations and you have NET (Neighborhood Enhancement Team) -- andl don't mean this disrespectfully to NET -- but they come in and they report, well, we just cited them and they have ten days in which to comply," and they've been out of compliance for five years. And you wonder to yourself, well, there's another ten days. And what I'd like to see, Mr. Manager, is a scheme where you come back to this Commission with we pass something that would allow us to trump mortgages when we go out there and we do some work on a land. We certainly don't utilize it. The Vagabond Hotel. I think you all know where that it. That is an extreme eyesore in the City ofMiami, right on Biscayne Boulevard, and we are doing work on the Vagabond. And you know, I write e-mails (electronic) to everybody saying, well, let's make sure we lien the property because we're spending a lot of money, you know, putting -- boarding it up, cleaning it up. And I learned last night, we haven't liened the property at all. And you think to yourself -- andl think Commissioner Suarez andl have an idea -- maybe because we're lawyers -- where this is going to go and how it could go. Andl think every law has been passed, andl think everything is in place. I actually think it's a lack of either will, education, knowledge, or I'll go back to will of this Administration to utilize every bow in its quiver. And you know, I don't know how you guys feel, but I've been to the same homeowners association now for five years; I could show you the lots. I could show you the house that's still falling into the water on a canal. I could show you the house that there was a fire that is still in absolute utter disrepair, andl know someone's going to say to me oh, that's the something other board. That's the board that deals with unsafe structures and that takes six months. Well, okay, that was a year and a half ago. So if it took six months, it's three times longer than it needs to. I almost want to see a schematic that we could look at, almost like a graph, vacant land can get this result; abandoned buildings can have this result; businesses operating without licensures have this result. It doesn't seem like there's a schematic being played here. Chair Gort: My understanding, andl have to tell you, I think the Code Enforcement and the NET, they respond, they enforcing, but the problem is they do put a lien on the property, the properties can't continue to have liens. We have property worth maybe $250, 000, they have a million dollar lien on it. I mean, who's going to pay the million dollars? I want to find a resolution to this. What can we do? What actions can we take? 'Cause let's face it, people won't pay the lien and that's it. They'll keep operating and they'll keep working on it. Commissioner Sarnoff. But, Mr. Chair, what we did do is we passed an ordinance which became a special assessment. And while many of these properties are in bank hands right now -- and by the way, many of them right now are exchanging hands very quickly right now. Either our ordinance is constitutional or it's not. And as Commissioner Suarez would probably say, let's find out. And if we're not using our special assessment ordinance, then we're really short-changing the citizens ofMiami. Because what's going to happen is a bank is going to come to us and say I'm going to bid out my mortgage, but they have to take out our special City ofMiami Page 16 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 assessment. I'll yield to Commissioner Suarez. Commissioner Suarez: And we're getting a little bit off topic from what we were talking about. But I think maybe the appropriate thing to do would be to -- Chair Gort: We'll come back. Commissioner Suarez: -- have a discussion item on this and bring it -- continue to bring it back as often as we have to until we start to see the results that we expect. Because we've talked about this already before and we should continue to talk about it until we start to see the results that -- Chair Gort: We will this afternoon. Do you want to add -- make some changes? Commissioner Suarez: No. I don't have any specific suggestions, other than, you know, just to point out that issue with the statute, so -- Ms. Gomez: Can I -- Commissioner Suarez: -- I don't know if -- yes, go ahead, Ms. Gomez. Ms. Gomez: I understand what you're saying andl can kind of see the redundancy, so maybe I can make a recommendation that we remove (iii) and (iv) from section (b). The idea was just to have flexibility depending on the type of violation, but I see your -- I see what you're saying. So maybe remove (iii) and (iv) from section (b), leave it on section (c) for the repeat offenders; therefore, it does get gradually increased in terms of penalties. Commissioner Suarez: Yeah. Ms. Gomez: And then -- I'm sorry. Commissioner Suarez: No. I was going to say that makes sense to me that you would have a separate, a more severe penalty -- Ms. Gomez: Sure. Commissioner Suarez: -- for being a repeat offender than for the initial violation. I just wanted it to be clear -- Ms. Gomez: Yes. Commissioner Suarez: -- before we voted on second reading, what we were doing -- Ms. Gomez: Right. Commissioner Suarez: -- and that's the reason why I brought it up. Ms. Gomez: And ifI can answer the Chairman's question -- Chair Gort: Yes. Ms. Gomez: -- regarding the BTRs as it pertains to the parking surcharge. Regardless of whether or not a property has a BTR or a CU, which I agree wholeheartedly that they need to have, they are still -- we are still collecting parking surcharge revenue on it. They are -- we are enforcing the parking surcharge side of it. And we are also enforcing the need for them to go out and get the BTR and CU to cure that issue. So as it relates to parking lots, that is all being City ofMiami Page 17 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 addressed, whether it's with the parking surcharge administrator in terms of collecting or with Code Enforcement in terms of enforcing on the BTRs and CUs. So we are addressing those issues as we learn of it. Chair Gort: Thank you. The -- so you recommend the change. You're going to eliminate (iii) and (iv) from (b) -- Ms. Gomez: Section (b), yeah. Chair Gort: -- and leave it in (c), okay. Any further discussion? Vice Chair Carollo: I'm sorry. From which section? Ms. Gomez: Section (b). Commissioner Sarnoff. Those are Roman numerals or --? Ms. Gomez: Little numbers -- Chair Gort: Little number (b). Ms. Gomez: -- little number -- Commissioner Suarez: Little (iii) and little (iv). Ms. Gomez: -- (iii) and (iv), Roman numerals. Vice Chair Carollo: Okay, Roman numerals. Ms. Gomez: Under section (b). Commissioner Suarez: That makes it coherent. I mean -- Ms. Gomez: Yes. Commissioner Suarez: -- that makes the -- Ms. Gomez: I agree. Commissioner Suarez: -- legislation coherent. Okay. Vice Chair Carollo: And that's Roman numeral (iii) and -- Ms. Gomez: Yes. Vice Chair Carollo: -- (iv). Okay, now I see. Chair Gort: Okay. It's an ordinance; read it. The Ordinance was read by title into the public record by the City Attorney. Chair Gort: Thank you. Roll call. Priscilla A. Thompson (City Clerk): This is your roll call on your modified second reading ordinance. Vice Chair Carollo? City ofMiami Page 18 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Vice Chair Carollo: Madam City Clerk, I'm sorry. I just want to veri exactly, Roman numeral (iii) and (iv) under section lower-case b? Ms. Gomez: That is correct. Vice Chair Carollo: But that's not the repeat operator violators. Ms. Gomez: Under 35-347 -- Vice Chair Carollo: Yes. Ms. Gomez: -- there's little (b). Vice Chair Carollo: Right. Ms. Gomez: Roman numeral (iii) and (iv). Vice Chair Carollo: Right, which says the operator of the parking facility may be required to install parking revenue control equipment in said facility as approved by the City Manager or City Commission. Ms. Gomez: Correct. And section (iv). Commissioner Suarez: Let me try to explain it to him 'cause maybe it's a little confusing. Three and four are also under the subsection (c) Vice Chair Carollo: Gotcha. Commissioner Suarez: -- as (ii) and (iii). Subsection (c), little (ii) and little (iii), little two is and little three i's. So what we're saying is if that's a penalty for an initial violation, then it doesn't make sense to have it as the same exact penalty for a repeat violation. So you either eliminate it as an initial violation and make it a repeat violation or strengthen the repeat violations. Vice Chair Carollo: Right. And that's why, before voting, I came back to it because I think we should strengthen the repeat violations, but I don't necessarily think that we should take away an ability for us to require to install parking revenue control equipment. Ms. Gomez: We're not removing it 'cause we are still -- for repeat offenders, we're leaving it. For the first-time offender, it's kind -- I would believe that it's a little drastic to force parking equipment for a first-time violator. Vice Chair Carollo: Right. But we don't have to force it. We say may. Ms. Gomez: Correct. That is -- Vice Chair Carollo: So if you feel it is, you know, a little drastic, then we don't enforce it, but we have the ability to enforce it, and that's where I disagree a little bit. Andl believe more than for a repeat offender, it should be a little bit more drastic instead of being more lenient on the first-time offender. Ms. Bru: Can I make a suggestion? Vice Chair Carollo: Sure. City ofMiami Page 19 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Ms. Bru: The way that this is prepared right now, the Department has the discretion -- for first-time offenders, the Department has the discretion to require the installation of these control equipment -- Vice Chair Carollo: That's my point. Ms. Bru: -- and requiring them to cease operations for 30 days. Maybe you can leave that like that. Leave it -- Vice Chair Carollo: Exactly. Ms. Bru: -- at the discretion for first-time offenders and then change for repeat offenders from giving them the discretion to "shall." In that way, it's stricter now. Vice Chair Carollo: And that was exactly my point, Madam City Attorney. That's exactly my point. Commissioner Suarez: Yeah. They just have to change little (ii) from a may to a "shall" and little (iii) from a "may" to a "shall." That's it. Yeah, that makes sense. Chair Gort: Okay. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff. Do we have any -- have we heard any testimony, since this is second reading, on what the cost of these machines or equipment or apparatus are? Ms. Gomez: We had not talked about it. However, from my understanding, it ranges anywhere from $1, 000 to $10, 000, depending on the size and complexity of the lot and the type of equipment that you would like to have. It is -- some of those smaller operators will obviously feel that it's, you know, going to infringe on their ability of make a profit, so on and so forth, to force equipment. But at the same time, they shouldn't be repeat offenders either, so that -- Commissioner Suarez: It'll be -- Ms. Gomez: -- if it's the -- Commissioner Suarez: -- a heck of a deterrent. Ms. Gomez: -- will of the Commission -- Commissioner Suarez: It'll be a heck of a deterrent. Ms. Gomez: It will, yes. Commissioner Sarnoff. But that is not a requirement of parking to start out with. That is only if you think somebody has violated the surcharge. Ms. Gomez: Right. If they've more than once violated, and the violation could be -- there's many violations that -- Commissioner Sarnoff. Do we have -- have we had any testimony or any kind of evidence put on as to what percentage of our parking lot operators are violating the surcharge? City ofMiami Page 20 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Ms. Gomez: Currently, right now, we only have one operator that is a repeat offender. Typically, once we've identified you as a repeat offender, they come into compliance immediately and pay the required surcharge. Currently, we have one that has about three lots, but one repeat offender. Commissioner Sarnoff. Three lots, one offender? Ms. Gomez: Yes. One operator -- Commissioner Sarnoff. Right, three lots. Ms. Gomez: -- that has about three -- I think it's three. Don't hold me to it right now. Commissioner Sarnoff. So this is not a systemic problem? Ms. Gomez: No. Because usually once we identift, and we've done the audit and we've proven to them that we feel that they are underreporting, nine out of ten times they will come in and make amends and come into compliance. Commissioner Sarnoff. Have we had any testimony as to what an audit is, so the Commission understands what an audit is? Ms. Gomez: We've talked about it over the years. I don't know specifically right -- Commissioner Sarnoff. An audit, correct me if I'm wrong, is somebody that we hire who has got a professional contract with us that sends people out on a non -announced basis to count the number of vehicles in a parking lot and then prove, by receipts, as to whether they have the requisite number of people paying? Ms. Gomez: As well as looking at parking operations of the area; seasonality, what's going on, special events; looking after -- Commissioner Sarnoff. Do they utilize Google Earth to see the number of cars there so that you can count them via satellite? Ms. Gomez: I don't know specifically if they do. Commissioner Sarnoff. And then -- that's kind of an important thing to know, wouldn't it? Ms. Gomez: Um -hum. Okay. Commissioner Sarnoff. All right. Chair Gort: Very important. Commissioner Sarnoff. I -- it's just what was feasible five years ago, today you could actually sit at a computer and count the cars as you see them. Ms. Gomez: I will make that recommendation to them. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. City ofMiami Page 21 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Vice Chair Carollo: And just to verf, little (b), Roman numeral (iii) and (iv) will stay the same. And then in little (c), Roman numeral (ii) and (iii) will change from "may" to "shall." Is that correct? Ms. Bru: If that is the recommendation of the Department and the will of the Commission. Chair Gort: Yes. Vice Chair Carollo: The one who make -- yeah, the one who -- the Commissioner who made the motion and the seconder, if they accept. Chair Gort: If they accept. The maker of the motion and the seconder accept the amendment? Commissioner Suarez: I accept it ifI made the motion. Commissioner Sarnoff. So little (ii) and little (iii) go from "may" to "shall?" Okay. Vice Chair Carollo: Yes. And repeat of operator or violation, little (c) (UNINTELLIGIBLE), I guess. In other words, what -- 'cause Commissioner Suarez brought up a great point, and his point was a repeat offender should actually be penalized a little bit stiffer instead of being the same. And instead of what was suggested as far as the first-time offender, being more lenient, I said, well, you know what, no. We -- it's not that they have to; we have the ability to make it stiffer for them. However, for the repeat offender, we shall make it stiffer, and that's -- yes, ma'am. Ms. Gomez: I'm sorry. I guess just for clarification in terms of administration of it, because number Cu) is talking about they shall cease operations for a period of 30 days, so I'm assuming that we would shut them down for 30 days and before they can come back on line, they have to have the parking equipment because -- or do we pick and choose which one we --? And l just want to know what the will of this Commission is. Commissioner Suarez: I mean, if we change it from a may to a "shall," then they -- Ms. Gomez: They have to. Commissioner Suarez: -- have to do both -- Ms. Gomez: Yeah. So -- Commissioner Suarez: -- so -- Ms. Gomez: Okay. So we shut -- Commissioner Suarez: -- I mean, that's -- Ms. Gomez: -- down and then we have them install their parking equipment before they can open backup again. Commissioner Suarez: -- what the ordinance says, so -- Chair Gort: Yeah. Does the second of the -- accepts the --? Commissioner Sarnoff. Oh, yeah. I'm sorry. Yes, sir. Chair Gort: Okay, it's been accepted. City ofMiami Page 22 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Commissioner Sarnoff. Yes, Mr. Chair. Chair Gort: Okay, roll call. Ms. Thompson: Roll call. Vice Chair Carollo? Vice Chair Carollo: Yes, ma'am. Ms. Thompson: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff. Yes. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Thompson: Chair Gort? Chair Gort: Yes. I have a question. Yes. How are we dealing with those that don't pull BTRs or don't pull license and those that don't go -- and there's quite a few. I seen them popped up everywhere. Ms. Gomez: For the parking -- Chair Gort: And I've been getting a lot of complaints from the people that paying the license and insurance and so on. Ms. Gomez: -- I'm going to speak as to the parking lots. Chair Gort: Yes. Ms. Gomez: What we do -- the parking surcharge administrator, they do an annual registration at the beginning of -- in the middle -- in the summertime, and we go through and get information as to, you know, what they're operating and everything, and we check at that point whether or not they have a BTR and a CU. If they do not have a BTR/CU, at this point what we're doing is we are forwarding that over to Code Enforcement for proper code enforcement violation. Chair Gort: Okay. Ms. Gomez: From that point, I'd have to defer it to the Code Enforcement director to where we're at with that. Chair Gort: I understand. And Code Enforcement goes and they gives them the fine, but they continue to operate. What actions can we take? Ms. Gomez: We can -- Chair Gort: And that's something -- food for thought for you all 'cause I'm going to bring this back this afternoon, okay. City ofMiami Page 23 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Ms. Gomez: Right. Chair Gort: Roll call. Ms. Thompson: We've completed the roll call, and you wound up with an adoption of your modified ordinance on second reading, 5-0. Chair Gort: (UNINTET,T IGIBT ,F) 10: 28: 48 read it. Did we read it? Ms. Bru: We -- the ordinance that just -- Vice Chair Carollo: We already voted on it. Ms. Bru: -- we read it already. Ms. Thompson: Chair, yeah, we've -- Chair Gort: Read the ordinance? Ms. Thompson: -- read the ordinance -- Ms. Bru: Yes. Chair Gort: We read it and everything? Ms. Thompson: -- you've take -- Yes. Everything is done. Chair Gort: Sorry about that. So SR.4 was deferred. Commissioner Dunn: Yes, continued. Vice Chair Carollo: Continued. SR.4 ORDINANCE 11-00144 Department of Building and Zoning Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 4/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-11, ENTITLED "EXCEPTIONS TO DISTANCE REQUIREMENTS," TO REVISE THE BOUNDARIES AND LEGAL DESCRIPTION OF THE WYNWOOD CAFE DISTRICT AS DEPICTED IN ATTACHMENT "A", AND REMOVING REFERENCE TO ATTACHMENT "B"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00144 Summary Form FR/SR.pdf 11-00144 Legislation FR/SR.pdf 11-00144 Exhibit.pdf 11-00144 Exhibit SR 03-10-11.pdf 11-00144 Exhibit SR 04-14-11.pdf SPONSOR: COMMISSIONER DUNN City ofMiami Page 24 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Carollo SR.5 10-01296 Office of Strategic Planning, Budgeting, and Performance Note for the Record: Please refer to Order of the Dayfor minutes referencing item SR.4. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING THE DEPARTMENTS OF THE CITY OF MIAMI AS SET FORTH AND FUNDED PURSUANT TO RESOLUTION NO. 10-0528, ADOPTED NOVEMBER 18, 2010, AND PURSUANT TO SECTION 19 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, ENTITLED "CREATION OF NEW DEPARTMENTS; DISCONTINUANCE OF DEPARTMENTS;" CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01296 Summary Form.pdf 10-01296 Legislation.pdf 10-01296 FR Summary Form 12-16-10.pdf 10-01296 Pre -Legislation 12-16-10.pdf 10-01296 Table of Organization 12-16-10.pdf 10-01296 Table of Organization-02-24-11.pdf 10-01296 Legislation (Version 2) 12-16-10.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Gort: SR.5. Tony E. Crapp, Jr. (City Manager): Mr. Chairman, SR.5 is the creation of new departments. It's the exact same item that was proffered to you in December, with the exception of one change. It adds the title of Deputy City Manager to the chief of infrastructure. There was no fiscal impact associated with that particular move. It's a cost -savings of 130, 000, but the Budget director will go into detail about the one issue, which was the separation of Communications and the Department of Audiovisual Broadcasting. Mirtha Dziedzic (Director): Good morning. Mirtha Dziedzic, Budget Department. The reason for the creation of audiovisual and the separation of Communications was in an effort to gather all of the public information officers in the City under one hub, under one person, under Communications. With the exception of Police and Fire and Community Development, those PIOs (Public Information Officers) all go through the Communications Department. That separation and the adding of that one director generates a savings of 130,000 because the services that were being provided by GSA (General Services Administration) on an overtime basis for the setting up of events is now not being incurred. The Department of Communications -- of Audiovisual Broadcasting is taking up all of those activities without overtime costs and without additional personnel, so that's where the 130 come through. Chair Gort: Okay. Vice Chair Carollo: Mr. Chairman. City ofMiami Page 25 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Chair Gort: Yes. Vice Chair Carollo: This is an item that way back when I requested the information -- because adding a department just doesn't seem like would save money. We're creating a new department andl was just skeptical; how could we add a new department and save money. With that said, I requested the information of everyone that was hired, everyone that left under the Rule of 64, and the whole nine yards to see exactly where the savings were, and the only thing that I received -- andl went through all my documents early this morning. The only thing that received was the Rule of 64, all the employees that actually exercised that option, and there was only one person from Communications that exercised that option. Now the thing is I don't know if additional personnel went into that Department or so forth, andl need to see the breakdown before I can vote on this, andl still haven't received it. And once again, I understand that's two different departments. Well, you're proposing two different departments. But I need to see the breakdown of how we're getting that $130, 000 savings because, once again -- I mean, for the most part, when we increase a department, there's usually an increase in costs. Ms. Dziedzic: Right. The -- essentially what happened was, yes, there was a department created, but it was a split out of the old Communications Department, so some of that personnel went from that old Communications Department to the new Audiovisual Department. The only person that was added to the TO (Table of Organization), if you will, or to the FTE (Full -Time Equivalent) count is the director of Communications. All the other employees were there or either brought back because of the AFSCME (American Federation of State, County and Municipal Employees) MOU (Memorandum of Understanding). Additionally, there were other positions within the City that had public information officer capabilities, such in Capital that exercised the Rule of 64 incentive, and those positions have not been refilled or will be rehired. So those are the other areas of savings. The big savings come from the Department of GSA. The overtime incurred by the Department of GSA for the setup of different events or different public events that the City holds, they would have to incur overtime to do all of the equipment setup for all of the production purposes. Now that is being done by Audiovisual Broadcasting without incurring overtime. These are the same people that were there in the old Communications Department that have now been split up and are -- their purpose is to just do those events, do production, and set up those events. Vice Chair Carollo: What do they do with the rest of their time? Ms. Dziedzic: I would have to defer to the director. Mr. Crapp: Commissioner -- I'm sorry, Mirtha. Vice Chair Carollo: And by the way, this is what I'm seeing. We created a new department. We have a new director of that department. And in the Rule of 64, I only see one person that exercise that option, so I really don't see where the savings is, so I need to have some type of breakdown because -- like for the most part, whenever we increase a department or create a new department, we also increase the cost, so -- and again, I just don't have the calculations to see where the savings is. Mr. Crapp: Commissioner, if you would allow us the opportunity, we'll gather the additional information; have the directors come to meet with the entire Commission. We could defer this item and bring it back. Vice Chair Carollo: Please. Commissioner Suarez: Second. Chair Gort: When do you want to bring it back? When were you asking -- City ofMiami Page 26 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Commissioner Suarez: Next meeting. Chair Gort: -- Vice Chairman? Vice Chair Carollo: You know what, let's do a -- let's continue to the same -like meeting. So in other words, not in two weeks; in a month 'cause I think next Commission meeting there's going to be a lot of items that -- Mr. Crapp: Okay. Vice Chair Carollo: -- are going to be coming up. And by the way, let me add one more thing to it also. Other agencies. How come in other agencies we're not including Virginia Key Park Trust, we're not including Civilian Investigative Panel. What's the purpose for that? Ms. Dziedzic: I'll defer to -- Vice Chair Carollo: And guess ifI really want to pinpoint the question is what's the criteria that we're using for other agencies? And you know what -- well -- Larry Spring (Chief Financial Official): HI may. Vice Chair Carollo: -- yeah, I'll welcome an answer, but you know -- Mr. Spring: Mr. Chair. Vice Chair Carollo: -- we could always bring it back. Mr. Spring: Yeah. Chair Gort: Yes. Mr. Spring: Larry Spring, chief financial officer. It was my recollection the reason why it's not there anymore is because the Commission completely defunded it, so -- Vice Chair Carollo: Well, Civilian Investigative Panel, I know for a fact -- Mr. Spring: Well, that one's dif -- that one -- you did have -- you just recently had a -- but you've been having budget discussions on that. I was referring specifically to the Virginia Key Beach Trust. Vice Chair Carollo: Okay. We budgeted Civilian Investigative Panel 464, 000. Mr. Spring: Right. So that should be there. Vice Chair Carollo: And Virginia Key -- Virginia Beach Key Trust still exist, so it's still another agency. So I guess ifI want to really pinpoint a question is -- Mr. Spring: Right. Vice Chair Carollo: -- what are the criterias [sic] for other agencies? Mr. Crapp: We'll address that question also and get the information to you all before we bring it back. City ofMiami Page 27 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 FR.1 11-00182 Vice Chair Carollo: Yeah. Chair Gort: Yes. We defer this. Let's get all the questions; make sure we get all the answers and get it to all the Commissioners. Mr. Crapp: Yes, sir. Chair Gort: Okay? Any further discussion? Vice Chair Carollo: No. I make a motion to continue this item. Commissioner Suarez: Second. Chair Gort: Okay, it's been moved by Vice Chairperson Carollo, second by Commissioner Suarez. Any discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. END OF ORDINANCES - SECOND READINGS ORDINANCE - FIRST READING ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION ADJUSTING Clerk MUNICIPAL ELECTION DATES AND QUALIFYING DATES AS FOLLOW: 1) CHANGING THE TUESDAY, NOVEMBER 8, 2011, CITY OF MIAMI GENERAL MUNICIPAL ELECTION TO TUESDAY, NOVEMBER 1, 2011, TO COINCIDE WITH THE HIALEAH, HOMESTEAD, AND MIAMI BEACH MUNICIPAL ELECTIONS TO OFFSET THE COST OF A STAND ALONE ELECTION FOR THE CITY OF MIAMI; 2) CHANGING THE QUALIFYING DATES FROM SEPTEMBER 9, 2011 THROUGH SEPTEMBER 24, 2011 TO AUGUST 26, 2011 THROUGH SEPTEMBER 10, 2011 AT 6 PM, AND 3) SETTING THE RUN-OFF ELECTION AS NOVEMBER 15, 2011, SHOULD A RUN-OFF BE NECESSARY; DIRECTING THE CITY CLERK TO TRANSMIT CERTIFIED COPIES OF THIS ORDINANCE TO THE MIAMI-DADE COUNTY MANAGER AND ELECTIONS SUPERVISOR; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-00182 FR/SR Memorandum.pdf 11-00182 FR/SRLetter from Supervisior of Elections.pdf 11-00182 FR/SR Precincts and Polling Places.pdf 11-00182 FR/SR Proposed November 2011 Election.pdf 11-00182 FR/SR Legislation.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Priscilla A. Thompson (City Clerk): Commissioners, FR.1. Chair Gort: Yes. City ofMiami Page 28 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Ms. Thompson: FR.1 is the -- relating to your upcoming November elections. As you may recall at the last meeting, the supervisor of elections, Lester Sola, did appear and make his plea, I guess you could call it, for us to switch or change our scheduled November 8 election date to November 1 so that we could share the cost for that election with the other cities that will be holding their elections. That would have been -- that would be with Homestead, Miami Beach, the City ofMiami -- and now I'm drawing a blank. I'll tell you. I'm sorry. -- Hialeah, Homestead, and Miami Beach, plus the City ofMiami. Commissioner Suarez: Move it. Vice Chair Carollo: Second. Chair Gort: It's been moved and second. It's a public hearing. Is anyone in the public would like to address FR.1 ? Anyone in the public would like to address FR.1 ? Being none, we'll close the public hearing. Comments. Okay, being none, read it. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. And thank you. Chair Gort: Thank you. END OF FIRST READING ORDINANCE RESOLUTIONS RE.1 RESOLUTION 11-00120 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD AMENDMENT TO THE LEASE AGREEMENT ("THIRD AMENDMENT") BETWEEN THE CITY OF MIAMI ("CITY" OR LESSOR") AND RICKENBACKER MARINA, INC., A FLORIDA CORPORATION ("LESSEE"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROPERTY LOCATED AT 3301 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, TO MODIFY THE LEGAL DESCRIPTION OF A PORTION OF THE SUBMERGED LANDS OF LESSEE, AS STATED HEREIN, FOR THE PURPOSE OF PROVIDING SAID LEASE AREA TO BISCAYNE BAY RESTAURANT CORPORATION D/B/A RUSTY PELICAN, NECESSARY TO COMPLY WITH CAPITAL IMPROVEMENTS REQUIRED BY THE CITY, APPROVED IN THEIR AMENDMENT NO. 3, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE THIRD AMENDMENT. 11-00120 Summary Form.pdf 11-00120 Second Amendment to Lease. pdf 11-00120 Legislation.pdf 11-00120 Exhibit 1.pdf City ofMiami Page 29 Printed on 4/6/2011 City Commission Meeting Minutes March 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-11-0103 Chair Gort: RE.1. Tony E. Crapp, Jr. (City Manager): The Public Facilities is coming from -- I thought she was going to present it from back there, but she got here on time. Madeline Valdes (Director): Good morning. Madeline Valdes, Department of Public Facilities. RE.1 is a resolution authorizing the City Manager to execute a third amendment to the lease agreement with Rickenbacker Marina for modification to the legal description of 522 feet. This modification is necessary as part of an agreement that we have with Rusty Pelican, where Rusty Pelican has to do some improvements to their site that would require the use of the 522 feet. Both these agreements were approved in 2009. And what we're doing here today is trying to clam an error in the legal description that occurred back when we entered into the original lease with Rusty Pelican. Are there any further questions on RE.1 ? Chair Gort: Thank you. Any discussion? Commissioner Sarnoff.. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff.. Let me move this for discussion. Commissioner Dunn: Second. Chair Gort: Been moved by Commissioner Sarnoff, second by Commissioner Dunn. Commissioner Sarnoff.. Madam Director -- Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff.. Madam Director, does the Rickenbacker Causeway agree to this? Ms. Valdes: Yes, sir. Commissioner Sarnoff.. There's no reservations on their part, correct? Ms. Valdes: None at all. The building itself -- the Rusty Pelican building itself has a bit of the building encroaching into this area, so no, there's no reservation. Commissioner Sarnoff.. My chief concern is I don't want to give them any avenue to complain later that the City somehow breached their contract. Ms. Valdes: No, sir. Commissioner Sarnoff.. You're making that -- Ms. Valdes: They have agreed -- Commissioner Sarnoff.. -- representation? City ofMiami Page 30 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Ms. Valdes: -- to this. Commissioner Sarnoff.. Okay. Chair Gort: Further discussion? Vice Chair Carollo: Yes, Mr. Chairman. Chair Gort: Vice Chairman. Vice Chair Carollo: Thank you. I know there's been rumors out there whether we're extending a lease or so forth, so -- you know, which actually made me even more carefully read through the amendment and so forth, andl saw nothing with regards to any lease extension. I did see it in the past, which another Commission voted for it, but wasn't in that Commission, and that was in the past once again. But this amendment before us has nothing to do with any lease extension, correct, Madam --? Ms. Valdes: No, sir. This amendment -- neither one of these amendments -- Vice Chair Carollo: Right. Ms. Valdes: -- have any lease extensions. The extensions were granted in 2009 and were approved by that board then. Vice Chair Carollo: Okay. And l just wanted to place that in the record because I read this thoroughly andl didn't see anything with regarding to any extensions of lease. Ms. Valdes: No extension. Vice Chair Carollo: Thank you, ma'am. Commissioner Suarez: Mr. Chairman -- Chair Gort: Thank you. Commissioner Suarez: -- ifI may? Commissioner Sarnoff.. Commissioner -- Chair Gort: Yes. Commissioner Sarnoff.. -- Carollo, the reason I brought that up, one of the requirements on their lease, along with Rusty Pelican, was a payment of 4 million from the Pelican and $2 million from Rickenbacker Marina to pay for a parking garage out there. And don't know many Commissioners that have brought to this Commission a paid for parking garage with a million over to operate it, andl want to make sure there's nothing we're doing here today to change any of those conditions. Ms. Valdes: Nothing that's happening here today is affecting the original deal. Commissioner Suarez: Mr. Chairman, ifI may? Chair Gort: Yes. Commissioner Suarez: Yeah, I had the same concerns both Commissioners have expressed, and City ofMiami Page 31 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 my guess is that when they went to go to the financing -- to get financing for the construction of those capital improvements, the lender required that a updated survey be done, and that updated survey revealed the encroachment, and that's why we have to do this cleanup. But my question to City Attorney is there are some requirements regarding waterfront property, and does this amendment, although it doesn't extend the lease and it doesn't -- it does very, very little, in fact. The actual amendment, aside from the whereas clauses, is basically really one substantive paragraph, which -- you know, I think it'd be good for us to put the -- this information out there to the public earlier so that the public can take a look at this and see that this is precisely what, you know, is being done here, that it's just an extension of approximately 522 square feet of submerged land, which is probably the result of a survey that was done, which is also attached here. I just want to make sure that there's no additional things that need to be done by the City pursuant to any requirements since it's waterfront property; that this is legally doable by amendment. Julie O. Bru (City Attorney): This -- these two items -- and of course, RE.1 and RE. 2 are inter -related -- is really two adjoining tenants of the City, whom, you know, through the years and through different surveys conducted of the property, it's now been noted that there is a correction to be made to the legal description, and this is just a minor de minimis amount of land that needs to be corrected in the surveys and the legal descriptions that are attached to both of these leases. Commissioner Suarez: All right. So your opinion is that it doesn't require any additional action; it can be done legally this way? Ms. Bru: No. Commissioner Suarez: No, it does not require any; and yes, it can be done legally this way? Ms. Bru: No. We're correcting this to have a lease that has a properly described legal description of the leasehold estate. Commissioner Suarez: Right. There's no additional requirements is what I'm saying, other than Ms. Bru: There's no additional requirements. Commissioner Suarez: -- taking a vote? Thank you. Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RE.2 RESOLUTION 11-00121 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A FOURTH AMENDMENT TO THE LEASE AGREEMENT ("FOURTH AMENDMENT) BETWEEN THE CITY OF MIAMI ("CITY" OR "LESSOR") AND BISCAYNE BAY RESTAURANT CORPORATION D/B/A RUSTY PELICAN ("LESSEE"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR PROPERTY LOCATED AT 3201 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, TO MODIFY THE LEGAL DESCRIPTION OF A PORTION OF THE SUBMERGED LANDS OF LESSEE, AS STATED HEREIN, TO INCLUDE SUBMERGED LANDS IN RICKENBACKER MARINA, INC.'S SUBMERGED LEASE AREA, IN City ofMiami Page 32 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 FAVOR OF LESSEE, IN ORDER FOR LESSEE TO COMPLY WITH CAPITAL IMPROVEMENTS REQUIRED BY THE CITY, APPROVED IN AMENDMENT NO. 3, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE FOURTH AMENDMENT. 11-00121 Summary Form.pdf 11-00121 Amendment 3 to Lease Agreement.pdf 11-00121 Legislation.pdf 11-00121 Exhbit 1.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0104 Chair Gort: RE.2. Madeline Valdes (Director, Public Facilities): RE.2 is the companion item. It's a resolution authorizing the City Manager to enter into a fourth amendment with Biscayne Bay Restaurant, also known as -- or doing business as Rusty Pelican. This agreement provides for the 522 feet from the adjacent property to be utilized by Rusty Pelican for purposes of the construction of the bay walk. Chair Gort: Thank you. Ms. Valdes: Any questions? Chair Gort: Any discussion? Commissioner Dunn: Move it. Commissioner Suarez: Second. Chair Gort: Been moved by -- Commissioner Suarez: Same concerns, same questions -- Vice Chair Carollo: Right, same -- Commissioner Suarez: -- same record. Vice Chair Carollo: -- concerns and same questions. Chair Gort: Okay, moved by Commissioner Dunn, second by Commissioner Suarez. Any discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. RE.3 RESOLUTION 11-00122 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), ACCEPTING THE RECOMMENDATIONS OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION City ofMiami Page 33 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 COMMITTEE, PURSUANT TO REQUEST FOR LETTERS OF INTEREST NO. 220229, THAT THE SUCCESSFUL RESPONSIVE PROPOSER, FOR THE FOOD AND BEVERAGE CONCESSION IN THE GRAPELAND AQUATIC CENTER OF THE CITY OF MIAMI OWNED PROPERTY, LOCATED AT 1550 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, ALSO KNOWN AS GRAPELAND HEIGHTS PARK, IS ALIRIO'S, INC., D/B/A JUNIORS CATERING OF MIAMI, A FLORIDA FOR PROFIT CORPORATION; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONCESSION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FORA THREE (3) YEAR PERIOD, WITH TWO (2) ONE (1) YEAR OPTIONS TO RENEW, WITH ADDITIONAL TERMS AND CONDITIONS AS STATED HEREIN AND MORE PARTICULARLY SET FORTH IN THE CONCESSION AGREEMENT, FOR SAID PURPOSE. 11-00122 Summary Form.pdf 11-00122 Recommendation of Evaluation Committee.pdf 11-00122 Legislation.pdf 11-00122 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0081 Chair Gort: RE.3. Madeline Valdes (Director, Public Facilities): RE.3 is a resolution accepting the recommendations of the City Manager approving the findings of the Evaluation Committee for the request of letters of interest 220229, selecting Alirio's as the concessionaire for the GrapelandAquatic Center Concession. Alirio's does business as Juniors Catering. And this agreement provides the City with a monthly fee of $2, 500, plus 21 percent of gross. Are there any questions? Chair Gort: Thank you. Commissioner Suarez: Move it. Vice Chair Carollo: Second for discussion. Chair Gort: It's been moved by Commissioner Suarez, second by Vice Chairman Carollo. Discussion. Vice Chair Carollo: Thank you, Mr. Chairman. Yes, I have questions, and some of these questions I'm going to state to put on the record because I know we already had spoken about it. Do they have some type of deposit in case they default? Ms. Valdes: There would be a deposit required. Normally we require twice the rent. So if the rent is 2,500, then it's twice that. Vice Chair Carollo: Five thousand dollars. And what happens if they cannot make the payments, other than obtain their deposit? How long would it be before either we get someone in there or does the second bidder then have the opportunity -- what happens then? I guess I'm just concerned that what they're saying they're able to do they can actually fulfill, andl have a concern about that. City ofMiami Page 34 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Ms. Valdes: Actually, there's a default process within the agreement that we would have to move forth with. And if we go through that process and they elect to leave the property peacefully, then we would have an opportunity to go to the second bidder. Vice Chair Carollo: And the reason why I'm asking -- that I'm asking this is because they -- they're going to pay $2,500 rent and then 21 percent of the gross. At the same time, this is seasonal, correct, because for, what, three months out of the year, four months out of the year, the park is closed? Ms. Valdes: That is correct. Vice Chair Carollo: And in those months, are they also responsible to pay us the 2,500? Ms. Valdes: That is correct. They're allowed to have catering onsite, and so they're able to generate revenue as part of that -- those months that they're (UNINTELLIGIBLE) 10: 47: 53 to be closed. Vice Chair Carollo: Okay. If they can do it, then I have no problems. I just want to make sure thatl do my due diligence in case they default and, you know, we have some type of recourse. Thank you. Ms. Valdes: Thank you. Chair Gort: Thank you. And I'm glad, after two years, they finally came back to us. Because I understand the previous operators, they were having a lot of problems with them. This is something that's been going on for a year and a half now. Any further discussion? Commissioner Suarez: Yes, Mr. Chairman. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes. Commissioner Suarez: Thank you. Chair Gort: Commissioners. Commissioner Suarez: I think what Vice Chairman Carollo was saying and I think the issue here is that even though the park may be closed, there are other facilities that they can still cater at, like the golf and the restaurant, et cetera, et cetera. Is that right? And there's like a meeting space there as well? Ms. Valdes: No, sir. No. This is just the -- Commissioner Suarez: Explain. Ms. Valdes: -- concession inside the water park. Commissioner Suarez: Okay. So if it's closed, how can they have concessions there? Ms. Valdes: Oh, no, no. What they do is catering. They're allowed to do catering -- Commissioner Suarez: Right. City ofMiami Page 35 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Ms. Valdes: -- when it's closed. And the catering business is outside the premises. Commissioner Suarez: Oh, I -- Chair Gort: They can use the facilities. Commissioner Suarez: -- was confused. I thought you meant -- so you're saying that they have other operations outside of this facility? Ms. Valdes: Yes. They could do other operations. Commissioner Suarez: -- that they -- that go to his question as to whether or not they're going to be able to pay the $2,500 in rent on months where the facility's closed? Ms. Valdes: That's correct. Commissioner Suarez: Okay. Now I have a question regarding the actual contract itself. Definition of terms, Section 15, where it says gross revenue. Ms. Valdes: Um -hum. Commissioner Suarez: Little (iii) says exchanges of merchandise between different locations of concessionaire. I don't think anybody's going to be returning any food from one location to another, so I don't know -- does that really apply here in this particular case? Ms. Valdes: Food is not the only item that they can sell. Commissioner Suarez: Okay. Ms. Valdes: They can sell sundries, you know -- Commissioner Suarez: Okay. Ms. Valdes: -- suntan lotion, those kind of things. Commissioner Suarez: And you would think that they would have another location where they may be able to return that? Ms. Valdes: I don't know. This is standard language we put in our -- Commissioner Suarez: Right. Ms. Valdes: -- contracts -- Commissioner Suarez: I understand. Ms. Valdes: -- because in the past, the prior concessionaire did have other facilities, so it's standard language. Commissioner Suarez: Okay. So what you're saying is just leave it in there -- Ms. Valdes: Yes, sir. Commissioner Suarez: -- basically? City ofMiami Page 36 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Ms. Valdes: Yes, sir. Commissioner Suarez: Okay. Is that -- are you okay with that? Julie O. Bru (City Attorney): It might be over -inclusive, but you know, it's language that we've used in the past. You never know how these businesses develop -- Commissioner Suarez: Evolve. Ms. Bru: -- and it's better to have it in there than not. Commissioner Suarez: Okay. I'm good with that. Chair Gort: Commissioner Sarnoff. Commissioner Sarnoff. I think building on what the Vice Chair's, I think, implying, sometimes when something's too good to be true, it may not be. Andl think this should be a placeholder for us. You're looking at somebody that's going to pay us 2,500 a month rent, plus 20 percent of their gross. That should send up a signal flare to everyone that he wanted this contract very badly. Now the question is can he perform under this contract because that seems to be the envelope pushed outside of where it should be. And what you oftentimes find with governmental -- people looking to do business with the government, and that is that they will either lowball you or, in this case, highball you. And usually they lowball you, and then all of a sudden, the change orders come in. In this circumstance he's saying to the City, I'm going to pay you so much money, plus a percentage. And everyone else was significantly lower than him, and that should send up -- it should at least make your right eyebrow go up, as I think the Vice Chair has, and that's why he keeps asking how much are you going to take in terms of deposit. Because to get people out of a lease can sometimes be a six-month process, andl think Commissioner Suarez can speak to this 'cause I think he actually understands this law better than I do. But to dispossess a tenant is not that easy. And what you might want to consider in this circumstance is getting more upfront so that at least you know, if it's a four- or five -month process and if -- on the outskirts a six-month process, you take adequate security to measure against what appears to be an overly favorable contract to the City. Ms. Bru: Can I put something on the record please, just to clarify. This is not a lease. This is a concession agreement. Commissioner Sarnoff. Sorry. Ms. Bru: We have a clause in here that allows us to terminate without cause, you know, with a certain amount -- Commissioner Suarez: Forty five day notice. Ms. Bru: -- of notice, but -- yeah. Commissioner Suarez: Forty five days. Ms. Bru: Yeah, 45-days' notice. But I just want to make sure for the record, this is a concession agreement. It's -- where we are awarding to this concessionaire less than what you would when you convey a leasehold interest. Commissioner Sarnoff. And -- Mr. Chair. Chair Gort: Yes. City ofMiami Page 37 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Commissioner Sarnoff. Madam City Attorney, have we ever had to dispossess a concessionaire before in the City ofMiami? Ms. Bru: I did. I litigated a couple of concession agreements. Commissioner Sarnoff. How long did it take you? Ms. Bru: It -- you know, I was able to use that argument successfully in court and allow us to be able to get them out of there without going through the landlord -tenant procedure, which is -- which could be quite complicated. Commissioner Suarez: So you didn't have to file an eviction, essentially? Ms. Bru: No. Commissioner Suarez: Gotcha. Vice Chair Carollo: I'm sorry. But again, how long was the process? Ms. Bru: Well, it was -- you know, I had to convince the Court that it was a concession and not a lease and, you know -- I think maybe a month or so, but otherwise, you know, it might have gotten a little bit more complicated. Commissioner Suarez: Okay. Chair Gort: In the contract (UNINTELLIGIBLE) 10: 53:14 -- does it state if the persons do not make a payment within certain time, he automatically removed? Ms. Valdes: Yes. There's default provisions. Yeah. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Valdes: Thank you. Chair Gort: I hope they do very well. RE.4 RESOLUTION 11-00125 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY KAREN GILGO $62,500, WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEY'S FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE STYLED JANE DOE VS. CITY OF MIAMI, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO.:10-21901 CIV-COOKE, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. City ofMiami Page 38 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 RE.5 10-01352 Department of Purchasing 11-00125 Memos from Office of the City Attorney.pdf 11-00125 Legislation.pdf Motion by Commissioner Suarez, 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-11-0105 Chair Gort: RE.4. Julie O. Bru (City Attorney): RE.4 is a proposed settlement. This is a resolution that would authorize the settlement of all claims against the City ofMiami in the amount of 62,500 in the case of Jane Doe versus the City ofMiami. This is a federal lawsuit. It's before Judge Cook. And we're recommending that the settlement be approved. Commissioner Suarez: Move it. Commissioner Sarnoff.. Second. Chair Gort: Been moved by Commissioner Suarez, second by the second attorney, Sarnoff, and -- any discussion? Being none -- I'll follow their lead -- all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID 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 Commissioner Sarnoff, seconded by Vice Chairman Carollo, 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-11-0106 Chair Gort: RE.5. Kenneth Robertson (Director): Good morning, Commissioners. Kenneth Robertson, Purchasing City ofMiami Page 39 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Department. RE.5 is a resolution accepting the bid received October 25, 2010, pursuant to Invitation for Bid 247235 -- 232, rather -- Chair Gort: I'm sorry. Will you speak in the mike, please? Mr. Robertson: RE.5 is a resolution accepting the bid received October 25, 2010, pursuant to Invitation for Bid 247232, from McIntyre Maintenance, Incorporated, the lowest responsive and responsible bidder for all four groups, for the provision of grounds maintenance services citywide, for an initial contract period of two years, with options to renew for two additional one-year periods. The method of award for this IFB (Invitation for Bid) is made on a group -by -group basis. At this time the Administration is recommending the award of groups one through three only. The group four for Parks and Recreation Department is not recommended for award. This will result in a savings of $44,184 annually. Are there any questions regarding this item? Chair Gort: Thank you. Any discussion? Commissioner Sarnoff. Move it. Commissioner Dunn: Second. Vice Chair Carollo: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Vice Chairman Carollo. Any fur -- Mr. Robertson: As amended. Chair Gort: As amended. Vice Chair Carollo: As amended. Chair Gort: As amended. Mr. Robertson: Thank you. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RE.6 RESOLUTION 11-00124 Department of Risk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 260247, FROM VARIOUS QUALIFIED FIRMS, AS LISTED ON "ATTACHMENT A", ATTACHED AND INCORPORATED, TO PROVIDE HEALTH BENEFIT CONSULTING SERVICES AND ACTUARIAL SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE PROFESSIONAL SERVICES AGREEMENT(S), NOT EXCEEDING $50,000 PROVIDING ; HOWEVER, THAT SUCH PROFESSIONAL SERVICE AGREEMENT(S) EXCEEDING $50,000 WILL REQUIRE PRIOR CITY COMMISSION APPROVAL, IN SUBSTANTIALLY THE ATTACHED FORM(S), City ofMiami Page 40 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 ON AN AS -NEEDED BASIS, BASED ON THE SPECIFIC HEALTH BENEFIT CONSULTING SERVICES AND ACTUARIAL SERVICES, AS DEEMED QUALIFIED UNDER THE CATEGORIES OF EXPERTISE AS SPECIFIED IN "ATTACHMENT A", ATTACHED AND INCORPORATED, FORA BASE TERM OF A ONE (1) YEAR PERIOD, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER THE RIGHT TO ADD MORE CATEGORIES AND QUALIFY ADDITIONAL FIRMS UNDER THE CURRENT AND ADDITIONAL CATEGORIES AT ANY GIVEN POINT IN TIME THROUGHOUT THE TERM OF THE CONTRACT WITHOUT FURTHER CITY COMMISSION ACTION. 11-00124 Summary Form.pdf 11-00124 Legislation.pdf 11-00124 Exhibit 1.pdf 11-00124 Exhibit 2.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, 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-11-0108 Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Motion by Commissioner Sarnoff, 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 Chair Gort: RE. 6. Gary Reshefsky (Director): Good morning, Commissioners. Gary Reshefsky, Risk Management Department. This is a resolution of the City Commission accepting the City Manager's recommendation on RFQ (Request for Qualifications) 260247 for health benefit consulting services and actuarial services provided for the City's health benefit plans on a monthly or quarterly basis. Chair Gort: Okay. Questions. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I'll start with the questions first. This is a $300, 000 a year contract, consulting contract, right? Mr. Reshefsky: No, sir. City ofMiami Page 41 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Vice Chair Carollo: It's not. What is it then? Mr. Reshefsky: Sir, it's an RFQ to approve the City Manager's recommendations of a panel of firms to provide services to the City on various projects on an as -needed basis. We have a line item in our budget for health -related services of $300, 000. Any PSAs (Professional Services Agreements) for this type of service, over the City Manager's discretion, will come back to this City Commission for approval. Vice Chair Carollo: And the Manager's discretion is $300, 000? Mr. Reshefsky: No, sir. Vice Chair Carollo: It's not. What's the Manager's discretion? Mr. Reshefsky: I believe it's 50, sir. Vice Chair Carollo: Do you think or are you sure? Mr. Reshefsky: The Procurement officer will confirm that. Vice Chair Carollo: Thank you. Kenneth Robertson (Director): Kenneth Robertson, Purchasing Department. The City Manager's award threshold is $50, 000. Vice Chair Carollo: So this one-year contract is for what amount, 50,000? Mr. Robertson: No. The RFQ is to prequalin, a list of vendors who will then be solicited for future spot market purchases on an as -needed basis when the City needs to secure the services of these companies. Vice Chair Carollo: And -- okay. Let me verify 'cause when I briefed yesterday, I guess the information I was given was differently [sic]. So we're just approving the companies and not an amount? Mr. Reshefsky: Yes, sir. At this point, the City currently has only one vendor -- Vice Chair Carollo: I understand. Mr. Reshefsky: -- under this contract. We believe there should be greater competition on -- to provide these types of services to the City. We've had a panel selected to provide these types of services on an as -needed basis so we can receive competitive proposals as we need these services for our healthcare and actuarial services, which is an important spend for the City ofMiami, and we need that expertise and those resources to answer certain questions, to help guide us through the marketplace. Vice Chair Carollo: So the only thing that we're doing is -- what you're saying is the only thing we're doing is allowing for this RFQ to go through without any dollar amount 'cause the dollar amount was set in the budget? Mr. Reshefsky: Yes, sir. Well, I think -- Chair Gort: A line item. Mr. Reshefsky: -- I answered the previous question. The -- any item that's over that threshold, as City ofMiami Page 42 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 long as it's within our budget, would come back for your approval with a PSA. Vice Chair Carollo: Okay. Chair Gort: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. I have two questions. One is I was looking through the RFQ and it seems to state on page one -- and maybe I'm not understanding it properly -- that the billable rates are senior consultant, $290 an hour; senior analyst, $200 an hour; and consultant, $236 an hour. I mean, that seems to me -- I mean, I'm an attorney andl know what billable rates are for attorneys. That seems to me to be pretty steep for -- Mr. Reshefsky: Commissioner, I agree with you. Those are -- I believe you're referring to rates that are being currently paid by the City ofMiami. Commissioner Suarez: And so we're going to be negotiating -- Mr. Reshefsky: These will not be the rates -- right. Commissioner Suarez: Okay. Mr. Reshefsky: These will not -- this is why we're going to have this panel of vendors that we can negotiate -- Commissioner Suarez: Perfect. Mr. Reshefsky: -- either different fee structures or lower or more appropriate billable rates. I -- Commissioner Suarez: Perfect, perfect. I'm -- I think -- Chair Gort: Let me ask -- Commissioner Suarez: -- we're on the same page there. One last thing, just -- Chair Gort: Yeah. Sure, go ahead. Commissioner Suarez: I have an issue -- not an issue, but a question regarding one of the whereas clauses in the resolution, and it's not -- please, I hope this is not misinterpreted as anything against the City Manager. But it says here whereas in accordance with the RFQ, the City Manager reserves the right to add more categories and qualify additional firms under the current and additional categories at any given point and time throughout the term of the contract without further City Commission action. So, you know, I think that kind of -- what we're doing here is we are scrutinizing this and we're authorizing a certain thing. I'm not sure it makes sense to then say in the "whereas" clause, well, we're going to do away with all that, and just leave it to one person to actually make that decision going forward. I think it makes sense for us to have this level of scrutiny. So it's -- there's nothing against the Manager or not believing in the Manager's integrity or whatever, but I just -- you know, I think -- Okay. Good. I -- I'm sensing that the Manager doesn't have a problem. Mr. Reshefsky: Yeah. It's not a problem, Commissioner. Commissioner Suarez: Okay, good. Vice Chair Carollo: So we're withdrawing that or that --? City ofMiami Page 43 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Commissioner Suarez: Deleting that? Vice Chair Carollo: We're deleting that? Chair Gort: Right. I need a motion and a second. Commissioner Sarnoff. So move. Commissioner Dunn: Second. Chair Gort: Been moved by Commissioner -- Commissioner Suarez: As amended. Chair Gort: -- Sarnoff, second by Commissioner Dunn. Vice Chair Carollo: As amended. Chair Gort: Any further discussion? Commissioner Sarnoff. As amended. Chair Gort: As amended. Now my understanding is, and correct me if I'm wrong, Procurement, GSA (General Services Administration) has a system where they have qualified vendors that whenever there is body shop work to be done, the body shop work to be done is exposed to all the different vendors and they go out for bid and the lowest bid is the one that gets the contract. This is something very similar? Mr. Robertson: Kenneth Robertson, director of Purchasing. Yes. The GSA Department uses various vehicle repairs contracts where there was a prequalcation process done, but there's always a secondary informal procurement process where the lowest bidder would be awarded work on a case -by -case basis. Chair Gort: Okay. Thank you. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Ms. Bru: Mr. Chair, just so that -- Mr. Reshefsky: Thank you. Ms. Bru: -- the record is clear, I want to make sure that the statements that were put on the record by the risk manager is that none of these contracts will be -- will exceed the amount of authority that the Manager has under our procurement code, and that includes all the extensions. That's correct, right? So there may be -- we will modify this resolution to make it clear -- 'cause you're delegating to the Manager the authority to execute contracts from time to time. Larry Spring: No. That -- Larry Spring, chief financial officer. The understanding or what was just stated was none of those vendors will be issued a contract greater than the Manager's authority. And if it is above the Manager's authority, it will come back to this Commission for approval. Ms. Bru: Okay. City ofMiami Page 44 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Mr. Spring: It's not that we would not issue any contracts higher than the Manager's authority. Ms. Bru: Okay. So -- but this resolution simply is a delegation to the Manager to execute contracts, andl want to make sure what the delegation is. So it delegates to the Manager the authority to execute contracts within his authority and it includes the extensions. Commissioner Suarez: I think it's -- Ms. Bru: Okay. Commissioner Suarez: -- a pre -selection of vendors that the Manager can negotiate with, and then if the Manager -- if the contracts that they negotiate are in the best interest of the residents of the City ofMiami exceed his authority, he has to bring them back to the Commission. Mr. Spring: Correct. Chair Gort: That was my understanding. Vice Chair Carollo: Yeah. I -- Ms. Bru: And we're going to clarifi, that and put that in the resolution. Vice Chair Carollo: -- think rather than deleting "City Manager, " maybe we could just add or delete "without further City Commission action." We could add "with City Commission ratification" or so forth, okay. 'Cause what we actually did when we voted was delete the City Manager. Authorizing the City Manager the right to add more categories and qualify additional firms under the current and additional categories at any given point and time throughout the term of the contract. And then it says without further City Commission action. I think we should put with Commissioner [sic] ratification or so forth -- with Commission approval. Commissioner Suarez: I agree. Chair Gort: Okay. Commissioner Suarez: Just delete out the -- the "out" of "without." Chair Gort: Any further discussion? No further discussion? Vice Chair Carollo: No. I think -- do we -- Madam City Clerk. Commissioner Sarnoff. Move to reconsider. Vice Chair Carollo: There you go. Commissioner Suarez: Second. Vice Chair Carollo: Second. Chair Gort: Second. Vice Chair Carollo: There you go. Chair Gort: All in favor, state it by saying aye." The Commission (Collectively): Aye. City ofMiami Page 45 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Commissioner Sarnoff.. Motion as stated by Commissioner -- I'm sorry; he's the Vice Chair. Chair Gort: Motion by Commissioner -- Commissioner Suarez: Second. Chair Gort: -- Sarnoff, second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Reshefsky: Thank you very much. RE.7 RESOLUTION 11-00126 Office of Strategic Planning, Budgeting, and Performance A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING AMENDMENTS TO APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2010. 11-00126 Summary Form.pdf 11-00126 Legislation.pdf 11-00126 Summary Form 03-24-11.pdf 11-00126 Legislation (Version 3) 03-24-11.pdf 11-00126-Submittal-Budget Dept.-FY10 General Fund Balance Usage.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, 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.7 was deferred to the Commission meeting scheduled for March 24, 2011. Chair Gort: Okay, RE.7. Commissioner Suarez: Mr. Chairman, can I be recognized, please? Chair Gort: Yes. Commissioner Suarez: I'd like to defer this item, unless it's essential that it be done today, to at least the next Commission meeting. I received some information this morning and -- some detailed information this morning and some information -- well, I'm receiving some right now and received some information as late as 9 o'clock last night. And I just -- I think need to -- as with the next item, I've actually been able to go through the detailed -- is that okay? Larry Spring: Larry Spring, chief financial officer. Chair Gort: Yes. Mr. Spring: This budget amendment is associated with the closeout of the financials. The CPAs (Certified Public Accountants) are within weeks of issuing, I believe -- and the Finance director is here. We may have some additional closing adjustments, so perhaps, two weeks. Vice Chair Carollo: Proffered by the auditor? City ofMiami Page 46 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Mr. Spring: Proffered by -- Diana Gomez: Diana Gomez, Finance director. Yes. As Larry mentioned, the audit is being finalized. Since the preparation of the closeout of the 2010 for this agenda item, there have been a couple of adjusting entries that will affect various funds. So it's going to change -- not that it's going to change -- we may need additional amendments. However, I just want to make sure that the Commission understands that without issue -- without doing the closeout amendment in the next Commission meeting, we will not be able to issue on time because they cannot use that budget -- well, the budget and the actual will not mesh and there will be all kinds of findings. Commissioner Suarez: Yeah. I think one more extension would be perfectly fine for me because I just received this last night and this morning, so I have no problem, you know, looking over it between now and then and that shouldn't be an issue. And I'll meet with Budget on that. Chair Gort: So the motion -- Vice Chair Carollo: Hold on. Mr. Chairman, I just -- Chair Gort: Yes. Vice Chair Carollo: -- want to veri. If we extend this to the next Commission meeting, which I think is, what, March 24? Chair Gort: March 24. Vice Chair Carollo: Is that going to jeopardize the issuance of our audited financial statements on March 31 of this year? Ms. Gomez: Commissioner, I will tell you that it should not -- Vice Chair Carollo: Okay. Ms. Gomez: -- because we have waited till the second March meeting in the past. And all we'll do is we're going to pro forma or show the auditors what we anticipate it to be per passing of the Commission, and so we're going to let -- roll everything forward and provide it for their final reviews and then just -- if there's any changes from that amendment, we will then make the change quickly. And it really shouldn't be a factor. But if we don't approve it next time, then that would obviously be an issue. Vice Chair Carollo: Obviously, because this is just closing out the year. Ms. Gomez: Yes. Vice Chair Carollo: Now with that said, I have another question. Are the audited financial statements of all the component units -- I know the CRA (Community Redevelopment Agency) isn't in and so forth. Are they in? Are we going to be able to issue on time? Where are we? And I'll leave it just like that. Where are we as far as the audit? Ms. Gomez: Okay. So as for all the component units, with the exception of the Coconut Grove BID (Business Improvement District), they are all in. They've all been finalized. I believe I have all of them. That is the only one that has not been issued. Vice Chair Carollo: I'm sure the Chairman would make sure that that -- City ofMiami Page 47 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Commissioner Sarnoff. We'll rectifi, that; don't worry. Ms. Gomez: However, I believe it's going to be submitted shortly. As far as the rest of the audit, we are finishing, we are finalizing, we are -- we have that date as our final date. At this point, I have no reason to believe that we will not make that date. Vice Chair Carollo: Even with the CRA not --? Ms. Gomez: The CRA is complete. Vice Chair Carollo: No. Two of them are. I -- Ms. Gomez: No. Vice Chair Carollo: -- haven't seen a third one. Ms. Gomez: We -- I believe I just saw it the other day, so that's why I'm saying I -- I'm -- Vice Chair Carollo: Okay. Ms. Gomez: -- almost positive it's been done. So it's -- Vice Chair Carollo: Okay. Ms. Gomez: -- just the BID one that is not. Vice Chair Carollo: Okay. Chair Gort: Okay. Commissioner Suarez: And so the information that we've been given is going to change from now until -- Chair Gort: Yes. Commissioner Suarez: -- the next meeting slightly? Chair Gort: Slight amendment. Commissioner Suarez: Okay. So just try to get it to us as quickly as possible so we can -- Ms. Gomez: Absolutely. Commissioner Suarez: Right. Ms. Gomez: Absolutely. Commissioner Suarez: Thank you. Ms. Gomez: You're welcome. Chair Gort: Any further discussion? Okay. It's a motion to defer for the -- to continue it. Vice Chair Carollo: No, no. To defer to the next meeting. City ofMiami Page 48 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Chair Gort: To defer. Priscilla A. Thompson (City Clerk): Yes. Vice Chair Carollo: To defer it to the March 24 meeting. Ms. Thompson: Correct. Who's making the motion? Commissioner Suarez: I'll make it. Ms. Thompson: Thank you. Vice Chair Carollo: Second. Chair Gort: Made by Commissioner Suarez, second by Vice Chairman Carollo. Okay. Any discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. [Later..] Tony E. Crapp, Jr. (City Manager): Mr. Chairman, I'm sorry. The Finance director would like to clarify the record (UNINTELLIGIBLE) 11:37: 05. Ms. Gomez: Diana Gomez, Finance director. I found out that the Southeast Overtown/Park West is not been issued the financial statements yet. They are in final form. However, there's an item on the agenda today for the CRA -- the closeout for them in order for them to be able to actually issue the financials. So they are in final form. We have been able to incorporate the numbers into our financial statements and hopefully, when it passes -- if it passes today, then they can issue, to my understanding. Chair Gort: Thank you. Any questions? Vice Chair Carollo: Yeah, one quick question. Chair Gort: Vice Mayor -- Vice Chairman. Vice Chair Carollo: Yeah. I have to do it, Diana -- I'm sorry, Ms. Gomez. Instead of assuming, why didn't you confirm? I mean -- andl know you confirmed now, but you let this Commission know that, yes -- I guess you saidl believe or -- I don't know. I need to check to see exactly what you said. But again, I didn't think the financials were issued. And you know, you stated that, yeah, they are. Ms. Gomez: Right. Andl apologize for that. I did receive financial statements from the Southeast the other day. I believe they said final in the title, but it was final draft. Vice Chair Carollo: I gotcha. Ms. Gomez: So it was my mistake and that's why I wanted to correct the record. Vice Chair Carollo: Thank you. Ms. Gomez: You're welcome. Chair Gort: Thank you. City ofMiami Page 49 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 RE.8 11-00083 Office of Strategic Planning, Budgeting, and Performance RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING AMENDMENTS TO APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2011. 11-00083 Summary Form.pdf 11-00083 FY 11 Amended Budget Summary.pdf 11-00083 Legislation.pdf 11-00083-Submittal-Budget Department -Monthly Financial Statement 3-10-11 CC Meeting.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Gort: SR. 8 [sic]. Mirtha Dziedzic: RE.8 -- Mirtha Dziedzic, Budget Department -- is the second FY11 amendment. This resolution amends the FY11 budget for expenditure items that were estimated at the budget adoption. These items include the tiered salary reductions, the AFSCME (American Federation of State, County, and Municipal Employees) MOU (Memorandum of Understanding), and the Rule of 64 retirement incentive. These items required a realignment in the FY11 budget of approximately $3 million. To accommodate the realignment, we're proposing the following changes. Increases -- increase to the anticipated attrition of approximately -- of $1 million. This is due to the fact that the City has realized 3.4 of the budgeted $5 million in the current fiscal year through January 31, so we -- it's reasonable to believe that we will get an additional million dollars from here to the end of the fiscal year in attrition. We're also proposing changes to capital expenditures funded by the general fund. The changes are a reduction of $1.2 millionfrom the police vehicle purchases. This does not affect the hundred vehicles that were purchased as of October 1. We are reducing the contribution to the ERP (Enterprise Resource Planning) system, citywide ERP system, by $500, 000. We are proposing a reduction of 300, 000 to the fire -rescue apparatus and equipment purchases. They are receiving $1 millionfrom Community Development, and this was a million dollars that was earmarked from the general fund. We're proposing to reduce that by 300, 000. We are also proposing that we reduce the citywide building improvements -- capital improvements by $225, 000. With all of these changes, we balance the budget on the expenditure side for all of these differences from the estimated to the reality of what happened in the current fiscal year. This amendment does not address the anticipated shortfalls in the projections, the January projections, and we can discuss those now or after, if you would like. But this addresses the realignment of the budget based on what was estimated at the adoption process and what really occurred once we put all of that data into our Oracle system, into our projection system. Chair Gort: Okay. Thank you. Vice Chairman Carollo, you're recognized. Vice Chair Carollo: Thank you, Mr. Chairman. By the way, I'm going to end up asking for a deferral on this, andl apologize that in the morning, I wasn't able to do it. I wasn't here present to ask for the deferral. Just -- I mean, I could go back to my office and just get more pages of things that I'm seeing that we need to discuss. For one, when I asked you with regards to the adjusted or -- I'm sorry; not adjusted -- amended budget in November 18 meeting, what I received and what I'm -- what you're showing here in general fund amended budget, FY11, which has all your -- it doesn't tie, so we need to see why it doesn't tie. Ms. Dziedzic: Okay. Vice Chair Carollo: Okay. So that's -- to start with that. Another thing that I think is on a lot of City ofMiami Page 50 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 people's mind -- and it's definitely on my mind -- if we're doing an adjustment, how come we're not taking into consideration the revenue side? Ms. Dziedzic: Sure. Vice Chair Carollo: I mean, I -- Ms. Dziedzic: We could address that. Vice Chair Carollo: -- just to do due diligence, I don't think can pass an amendment knowing -- having the Administration letting me know, you know, we are -- our revenues are not coming in the way they're supposed to. Ms. Dziedzic: Right. Vice Chair Carollo: So I think we really need to take that into consideration. And I'll just put those two items out, you know, as my reason for deferral. And if anyone else has any other questions -- Ms. Dziedzic: And ifI might, on the revenue side, there are certain items that are way too near right now and the performance is not up to par, but we don't have enough data to make that good judgment on what that final number is going to be. We're still working with the companies on certain issues. We're trying to get better data, better history, better trend analysis in order to be able to give you those adjustments. And we -- again, a budget is a fluid document so we can come back and amend this and say, look, this is the story now, this is what we know now, and we can make those adjustments at that point. Vice Chair Carollo: No. And let me be clear. You bring a very valid point. As a matter of fact, when we met, the first question I asked is why are you doing the adjustment now, what are you adjusting because in all fairness, I would expect a midyear adjustment and, you know, put all this into perspective where we would have, you know, more historic data as far as January, February, March, and actually see what came in, andl think you andl both know what revenue we're speaking about. Ms. Dziedzic: Of course. Vice Chair Carollo: So that's why I asked why are you doing this now 'cause it seems like we're going to be doing this quarterly and that takes a lot of work. So I just -- I kind of you know -- I mean, I've put in a lot of time into this, and realistically, I'll probably have to put up the same amount of time, you know, in a few months when we do them midyear. Larry Spring (Chief Financial Officer): If you will allow me, Mr. Chair? Chair Gort: Sony? Mr. Spring: I said if you would allow me, Mr. Chair. Chair Gort: Yes. And you are? Mr. Spring: Larry Spring, chief financial officer. Chair Gort: Okay. Mr. Spring: To answer the question about why are we doing it now and bringing it back more frequently, I know during the budget -- the prior budget discussions, this Commission was very City ofMiami Page 51 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 concerned that well, why do you let six months pass before we get back in front of you. We give you the projection each month, but to go back and appropriate the money is what this is doing, so -- Vice Chair Carollo: Larry, with all due respect, I think what the Commission was referring to is March 10. Why is it that today on the dais we receive the actual to budgeted for January 31, 2011? We should have received this beforehand. And I think that's -- Mr. Spring: I don't -- Vice Chair Carollo: -- what the Commission was alluding to. Mr. Spring: -- disagree with you. I'm not disagreeing with you. I'm just answering the question of the frequency of bringing it back, dealing with the items that we absolutely know we need an additional appropriation on. And you're right, quarterly -- probably quarterly is that frequency that it probably will need to come back. Commissioner Suarez: Mr. Chairman, ifI may? Chair Gort: We need actual. Yes. Commissioner Suarez: Yeah. I think l just want to add a couple of things. I agree with the deferral, first of all. Andl agree that we should probably do -- I don't know how the Vice Chairman feels about it, but I think we should probably do reconciliations at least on a quarterly basis. But what we did last year, which I thought was very effective that Ms. Dziedzic andl have discussed in briefings is that we were discussing the budget almost at every Commission meeting. If not every Commission meeting, every other Commission meeting. We were looking at the budgets to actuals and just discussing all these things. There's no reason why they need to become a mystery and then come out at a certain time. If we're starting to see trends, we could discuss them, we could talk about the implications of those trends and bring them to light and deal with them, you know. And as they become better trends, we can note that. If they become worst trends, we note that as well. But the thing about it is here is I think we don't want to go away from what we did last year in terms of being informed and making decisions. I have to say that, without getting into too general of a discussion on the budget itself, I am a lot happier with where we are with the budget that we voted on versus the past practices. And why I say that is because while we may appear to be about $8 million out of balance, we have a $5 million budget reserve, and we have other revenue streams that are coming in better than anticipated -- Ms. Dziedzic: Yes. Commissioner Suarez: -- which -- or expenses that are coming in less than anticipated, which could mean that I'm very hopeful that we will have a structurally balanced budget for the first time since probably 2003 or something like that. I'm not sure. When was the last time that we had a budget where we didn't have to dip into our reserves to balance the budget? Ms. Dziedzic: Two thousand six. Commissioner Suarez: Two thousand six. And then I think -- was there some time before that as well or were they pretty balanced? It's okay. The first time in -- Ms. Dziedzic: You have to search -- Commissioner Suarez: -- four years where we're not dipping into our reserves to balance our budget, hopefully, by the end of the year, and that's what -- is the big difference in the tone and tenor of this Commission and this Administration, and it's what differentiates RE.7 from RE.8, in City ofMiami Page 52 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 my mind. Ms. Dziedzic: Right. Commissioner Suarez: So, that's -- Ms. Dziedzic: And ifI may, it's been -- it's our intention to come on a monthly basis from now onward. Commissioner Suarez: Okay. Ms. Dziedzic: The first quarter is very difficult to give you good expectations; we don't have enough data. It's just -- the numbers are way too up in the air. Commissioner Suarez: It can be confusing. It can be confusing. Ms. Dziedzic: Absolutely. Commissioner Suarez: That's why I was asking, you know, the Vice Chairman -- I don't know if he -- what his preference is on that, but I think monthly updates for us is -- Ms. Dziedzic: Sure. Commissioner Suarez: -- essential. Ms. Dziedzic: And that's our full -- Commissioner Suarez: And then quarterly reconciliations, you know, quarterly adjustments. Ms. Dziedzic: -- intention. The issue with January and the delay in January is that there were so many new revenue streams that were to come on board January I. We did not have good data. We really did not have good data. And we're still -- the data is trickling in. We're trying to build up those databases, that history, that trend so that we are able to answer you intelligently. We don't want to put out a number and then come back in a month and say whoops, you know, we were off 50 percent. Vice Chair Carollo: Well -- Ms. Dziedzic: Right. Vice Chair Carollo: Exactly. And that's why I was looking for this because everyone's throwing numbers out there -- Ms. Dziedzic: Right. Vice Chair Carollo: -- and I'm saying, well, I haven't seen the numbers, you know. Where are they? I want to -- Ms. Dziedzic: And -- Vice Chair Carollo: -- see the numbers -- Ms. Dziedzic: Right. Vice Chair Carollo: -- instead of you know, hearing or listening, oh, it's `X" amount of City ofMiami Page 53 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 millions, or this or that, and I'm like, okay, where's the actual data. And today we get -- like I said, for the first time I see this, you know, January 31 -- as of January 31, 2011 the actual versus budgeted year-to-date. And this is, Larry, what the Commissioner was speaking about. And you understand what I'm saying. Ms. Dziedzic: Of course, of course. Vice Chair Carollo: You know exactly what I'm saying. Ms. Dziedzic: And it was our full intention to do it on a monthly basis as of the January 31 numbers, projections. It's just that the data was too raw. It was too early. We did not have a good basis for those analyses, and we just didn't want to come up here with really soft figures. Vice Chair Carollo: No. I hear you. And before -- I mean, before I give any numbers, I usually do my due diligence and actually see the numbers and so forth. Ms. Dziedzic: We've tripled checked -- Vice Chair Carollo: So I understand, but -- Ms. Dziedzic: -- quadruple checked everything to bring you these numbers as they are right now, and there are still variables that may change, but for now from the information that we have right now, this is the best -- Vice Chair Carollo: Thank you. Understood. Ms. Dziedzic: -- analysis we have. Chair Gort: Commissioner Sarnoff. Commissioner Sarnoff. First, let me echo the comments, I think, of Commissioner Suarez. I sort of like the way we did it last year, andl understand that you have unverified income streams that were projected last year, but I think this Commission should know, versus reading it in the newspaper, that those income streams are not coming in at projections. Why that is? You can -- you know, we can certainly hash out why that is. Maybe our expectations were unjustified. Maybe they were justified but the vendor's not doing -- living up to his part of the bargain. A whole host of answers can come into that. So I think -- the one thingl like the way we did things last year was we knew what was coming and it was a constant advisement that we weren't reading in the Miami Herald, but we were actually governing ourselves, and it was no surprise where we were in August. We acted, I think, almost 180 percent diametrically different than the County did. They're undergoing their own issues for not acting in accordance with maybe the wishes of their citizens, which is also us, and we acted maybe differently as well, and we certainly pay a price one way or the other. But having said that, I -- and what I don't want is for people to walk away not understanding what RE.8 is or was or is going to be. You called it a realignment of the budget. Okay, to mom and pa and -- mom and dad at home, they projected something. They were going to have this much in earnings this year. Now take it from there. What happened? Ms. Dziedzic: Basically, what happened was we anticipated certain savings to come through. Those savings were a little off because the estimates were based on a population that was taken in late May of last year versus all of those different things that happened from May through October, so we had to account for all of those things. Once we put that into our payroll system, once we ran through all of those imposed tiered reductions which were calculations, changes to base pay, changes to the plus items for our sworn personnel, that was a different reality. That is what we're realigning. That is what we are correcting in our budget so that we are fully City ofMiami Page 54 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 accounting for what is really happening as of October 1 for this current fiscal year. The difference was $3 million, approximately. In a budget of 500 million that's about .6 percent; not too terrible, I don't think. And then we're doing it based on changes to our expenditure patterns. We are not increasing our budget to accommodate that difference. We are saying we are going to spend less those $3 million in other areas to accommodate these changes. Commissioner Sarnoff.. So to the average person, our projections were off a little bit, but off in the amount of $3 million? Ms. Dziedzic: Correct. Commissioner Sarnoff.. Through projections that just turned out to be slightly erroneous? Ms. Dziedzic: Correct. Commissioner Sarnoff.. All right. And you're going to create savings not by increasing revenues, but by restricting your spending? Ms. Dziedzic: Correct. Commissioner Sarnoff.. And just go through the list of things, how you're going to correct it. Ms. Dziedzic: Well, we realized in this analysis that we have already realized 3.4 million of attrition of the budgeted $5 million for the entire fiscal year, so it's reasonable to believe that we will get at least another million on top of that five for the remainder of the fiscal year. We're accounting for that. Those are -- Commissioner Sarnoff.. All right. I -- you used a lot of numbers, and let me be the Vice Chair for a second. That's a lot of numbers. You said 3.4 million of attrition -- Ms. Dziedzic: Has been realized -- Commissioner Sarnoff.. -- and you -- Ms. Dziedzic: -- through January 31. Commissioner Sarnoff.. -- anticipate -- okay. So you anticipate how much by the end of the year? Ms. Dziedzic: Six million. Commissioner Sarnoff.. So you have another 2.6 million -- Ms. Dziedzic: Correct. Commissioner Sarnoff.. -- that you anticipate of attrition? Am I then justified with that 3 million number of taking 2.6 million from that? Ms. Dziedzic: An additional 2.6, so 3.4 has been realized. Those are savings that are in our back -- Commissioner Sarnoff.. Here's how I hear you and think this is how the people on TV (Television) hear you. We've got to find $3 million. Ms. Dziedzic: Yes. City ofMiami Page 55 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Commissioner Sarnoff. Fair? Ms. Dziedzic: Yes. Commissioner Sarnoff. You already had projected 3.4 million of attrition, but you think it's going to go to 6 million, ifI heard you correctly. Does that mean that would mean another $2.6 million? Ms. Dziedzic: Correct, from January 31 through September 30. Commissioner Sarnoff. So can mom and dad just reduce the three million by two point six million? Is that a fair way of doing it? Ms. Dziedzic: Yes. Commissioner Sarnoff. So now you have -- Ms. Dziedzic: Well, by one million. Commissioner Sarnoff. Why by one million? Ms. Dziedzic: Because 1.6 was already in the budget. The original -- Commissioner Sarnoff. Okay. Ms. Dziedzic: -- attrition number was five million. Commissioner Sarnoff. All right, fair enough. So you accounted for of the 2.6 million 1 million of Ms. Dziedzic: Correct. Commissioner Sarnoff. So you can reduce it by 1.6 million? Ms. Dziedzic: The 1.6 is already in the budget. Commissioner Sarnoff. So one million. Ms. Dziedzic: An additional one million. Commissioner Sarnoff. So now you're down to two million? Ms. Dziedzic: Right. Commissioner Sarnoff. Okay. And how -- just tell everybody on TV how you're going to accomplish the reduction of two million. Ms. Dziedzic: We're going to spend less on our capital expenditures. Commissioner Sarnoff. Okay. Ms. Dziedzic: We're going to purchase less police cars. We're going to send [sic] less for fire apparatus. City ofMiami Page 56 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Commissioner Sarnoff. Well, let's stay with police cars for a moment. Ms. Dziedzic: Okay. Commissioner Sarnoff. Because everybody out there is probably saying hey, the City ofMiami police cars look and dilapidated and we got to change those things. What have you done to help change the police cars? Ms. Dziedzic: We've purchased 100 vehicles as of October 1. Commissioner Sarnoff. And do we have them in the fleet now? Ms. Dziedzic: I just received information that we've received 87 marked cars as of the end of this month -- last month and 13 unmarked cars. The 87 are either in circulation or about to be in circulation. The other 13 are not ready to be in circulation just yet. Commissioner Sarnoff. Right. So you got 100 new police cars that are either going to be on the street or shortly on the street and how many more were you going to get -- were you going to purchase this year? Ms. Dziedzic: Approximately 50. Commissioner Sarnoff. So 50 more. Could you have purchased those 50 this year and realized them on the street this year? Ms. Dziedzic: It would have been very, very tight to receive them and have them in circulation before September 30. Commissioner Sarnoff. Okay. Can you still purchase them in the next budget? Ms. Dziedzic: Yes, we can. Commissioner Sarnoff. All right. So how much will you net in savings on that? Ms. Dziedzic: One point two million dollars. Commissioner Sarnoff. So now mom and dad at home are saying we have to find $800, 000. Go on. Ms. Dziedzic: Right. We're taking 500,000 allocated for the ERP system. Commissioner Sarnoff. Right. For those that are not good with ERP, why don't you tell us what it is? Ms. Dziedzic: That's the Enterprise Resource Project -- program that is what is -- Commissioner Sarnoff. That's not going to help them a lot here. Ms. Dziedzic: It's consolidating all of our financial systems, HR (Human Resources) system, land management, everything that the City does in an electronic system. Commissioner Sarnoff. That's a computer system, right? Ms. Dziedzic: Computer system, correct. City ofMiami Page 57 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Commissioner Sarnoff. So they're not getting their computers this year? Ms. Dziedzic: They are. The process to implement ERP takes a while. There's a lot of design. There's a lot of -- so year-to-date, 800,000 out of the original 3.3 has been either encumbered or spent. It is reasonable to believe that they will not spend the entire 3.3 before the end of the fiscal year -- Commissioner Sarnoff. So -- Ms. Dziedzic: -- so we're de -appropriating. Commissioner Sarnoff. -- they're still getting their new computer system, but the spend -down for this fiscal year would not occur so you could realize what you didn't spend? Ms. Dziedzic: Correct. Commissioner Sarnoff. So they're still getting their computers. They're still operating as quickly as you can. How much do they save? Ms. Dziedzic: We're taking 500, 000. Commissioner Sarnoff. Okay. So now they're looking at a $300, 000 shortfall. How are you going to fix that? Ms. Dziedzic: That is fire apparatus. They -- Commissioner Sarnoff. Are they're going to complain then that their firemen are not going to be properly equipped? Ms. Dziedzic: They were receiving a million dollars from the general fund and a million dollars from Community Development. The million from Community Development is still occurring. The difference from the general fund is 300, 000. Commissioner Sarnoff. Are they getting all the equipment they need? Ms. Dziedzic: I believe so. I haven't heard any complaints of -- Commissioner Sarnoff. Well, let's hear. Ms. Dziedzic: -- the lack of funding. Commissioner Sarnoff. 'Cause -- I mean, I think the folks need to know how we do this. Deputy Fire Chief Reginald Duren: Reggie Duren, deputy chief Miami Fire -Rescue. Commissioner Sarnoff. Does Kemp only hire tall guys? Deputy Chief Duren: Yes. That's the goal. Reggie Duren, deputy chief Miami Fire -Rescue. Sir, we recognize the condition and the state of the City ofMiami. We do all we can to work with them in achieving the goals, so we will make do as best we can and look forward to next year in possibly making up for the shortfall. Commissioner Sarnoff. Okay. But I think the citizens want to hear that you can do it. Deputy Chief Duren: Yes, we will do it. City ofMiami Page 58 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Commissioner Sarnoff. All right. Thank you. Chair Gort: IfI may, if you recall when we made the changes on the CDBG (Community Development Block Grant) -- Commissioner Suarez: Mr. Chairman. Chair Gort: -- fiscal year, that made it different where it made available a million dollars for the Fire Department. I'm sorry. Commissioner Sarnoff. No. I just think sometimes we sit up here -- Chair Gort: No. I think it's important. Commissioner Sarnoff. -- and, you know, we say, all right, we understand this. You know, even the word ERP. Did anybody really understand what the ERP meant? No. They want to know that they're getting their computers. She's saying you're still getting your computers. I just think sometimes we need to lay it out for everybody that there are ways of making up the shortfalls on projections. Why those projections were short? That's what a projection is. If -- I bet if the Vice Chair in his private practice hit every one of his projections, he probably wouldn't be sitting here right now. Everybody would hire him. It's -- that's just it, a projection means that you're going to do as best you can, and I think that's what you're saying. A point six variant is -- what you would say is close to a projection. Ms. Dziedzic: Yes. Commissioner Sarnoff. Okay. Andl know -- I yield to Commissioner Suarez. Commissioner Suarez: I just have one question. Because I think there are -- other than the sources that Ms. Dziedzic mentioned, I think there are other sources. So I heard the Fire Department say that they were okay with the reduction in their equipment. I haven't heard anything -from the Police Department regarding whether they're okay with the reduction in their cars. I don't know -- Vice Chair Carollo: Commiss -- Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: I think that we can avoid that. I think what happens is that when we've ordered the vehicles, there is no possible way that we could actually obtain the vehicles for this fiscal year. Commissioner Suarez: So it's just delaying the same -- not delaying it, but since we're not able to do it within the same fiscal year, we're going to do it beginning the next fiscal year? Is that the --? Commissioner Sarnoff. Yeah. That's what I understood, and that's why I asked the question. Could we purchase those additional 50 vehicles in this fiscal year? Andl believe the director said we couldn't get them on the streets this fiscal year. So I -- you know -- Commissioner Suarez: So we're trying to buy them in the year that we can get them so that the budgetary impact corresponds with -- Commissioner Sarnoff. Occurs in the following -- City ofMiami Page 59 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Commissioner Suarez: -- when we actually get the benefit? Chair Gort: Occurs in the next year. Next budget. Commissioner Sarnoff. Right. Commissioner Suarez: But they're also other -- just to be clear. I just want to make sure that there are also other sources that are -- and we don't have to get into the detail, but there are other -- Ms. Dziedzic: The citywide capital improvements to citywide buildings, those -- Commissioner Suarez: Right. Ms. Dziedzic: -- miscellaneous items, we've also reduced about $200, 000. So the impact is being felt across the board. It's not one particular area. We are spreading the pain across the board to make sure that we come within the budget. The goal is a zero. Commissioner Suarez: But there are also other categories that exist that are over performing or performing better than what we anticipated. Ms. Dziedzic: Yes, yes, yes. Commissioner Suarez: I just want to -- I mean -- Ms. Dziedzic: Yes. Commissioner Suarez: -- we don't have to get into the detail now, but there is -- you know, we have unfortunately been in a little bit of a cycle of bad news andl think this is something that is very, very good news. Ms. Dziedzic: Right. Commissioner Suarez: Andl think -- you know, I think it's something that should be noted as a change in the way that our government has been run, and it's certainly a culture change from the last four years where we haven't had a structurally balanced budget, which is inconceivable because we have a charter requirement that we do that -- Ms. Dziedzic: Correct. Commissioner Suarez: -- and we've depleted our reserves from $140 million to -- if we do this reconciliation, when we do it, we're going to have close to 12. You know, we have no margin for error. Ms. Dziedzic: Correct. Commissioner Suarez: So -- Vice Chair Carollo: Mr. Chairman. Commissioner Sarnoff. So -- Chair Gort: Yes. City ofMiami Page 60 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Commissioner Sarnoff. And you've gotten us down to a number that even I think a citizen understands. So these are your strategies on how to close this gap, and l just want to make it clear to everybody out there this Commission will come up with part --impart its own strategies on how they think we can close down this particular shortfall. And l just think we shouldn't give short strift to oh, well, RE.8, we'll hear it next time, 'cause we were pretty good about delivering the news as it was coming in last budget cycle. Thank you very much. Ms. Dziedzic: You're welcome. Commissioner Dunn: Mr. Chairman. Chair Gort: Yes. Commissioner Dunn: I just wanted to ask on this that next time -- I'm not blessed with the accounting acumen of my colleague in District 2, so if you would help me out and sort of put it in laymen's terms -- Ms. Dziedzic: Sure, sure. Commissioner Dunn: -- I -- so that I can -- Ms. Dziedzic: We'll do -- Commissioner Dunn: -- grasp it. Ms. Dziedzic: -- bullet points. Sure. Commissioner Dunn: Thank you. Commissioner Sarnoff. District 3's got the acumen and District 4 is not bad either. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: I defer the item to April -- Commissioner Suarez: Second. Vice Chair Carollo: -- 14. Commissioner Suarez: Second. Chair Gort: Okay. There's a motion. There's a second. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Vice Chair Carollo: And Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: That still doesn't mean that I don't want to hear the report and so forth, the financials that were just given to us. City ofMiami Page 61 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Ms. Dziedzic: Okay. Chair Gort: Yes. Thank you. Ms. Dziedzic: That would be the handout that you just received. Chair Gort: Okay. We'll now go into board -- Vice Chair Carollo: No. Ms. Dziedzic: Do you want -- Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: I think she's going to do a presentation. Ms. Dziedzic: -- me to go ahead and -- Chair Gort: Oh. Ms. Dziedzic: -- go over the January projections? Chair Gort: Do you want to go over it? Vice Chair Carollo: Yeah. Let's do -- Chair Gort: Okay. Vice Chair Carollo: -- of the January actuals to budget. Ms. Dziedzic: It's a quick presentation. The item before you is the January projections, the year-end projections as of January 31. The projected deficit for FY11 is approximately $8 million. This deficit is mostly the result of underperforming revenues and programs anticipated to start in Fiscal Year '11 that have not done so. To address this projected shortfall, the Manager has reimplemented the purchasing freeze in which all City purchases must go through a committee for approval prior to actual purchase. Additionally, the City is under a hiring freeze and non -critical positions are not being allowed to be rehired. Other measures include activities such as the additional diversion of clean yard trash to Virginia Key, which is allowing the City through the efforts of Solid Waste to realize savings in the amount of scale fees paid to the County. Also the current outlook on real estate taxes have improved over the same period in the last fiscal year, but we are cautiously optimistic on this revenue source as the Value Adjustment Board is still in session and we will not know the full impact until a later -- on in the fiscal year. So we have some high points. Real estate taxes are doing a little bit better than what we anticipated, which is absorbing some of the shortfalls in other areas. And then the purchasing freeze and the hiring freeze is allowing us to realize additional savings on the expenditure side to also make up these shortfalls. Chair Gort: Okay. Any questions? Vice Chair Carollo: I'll reserve my questions till after the meeting so we could go into details. Ms. Dziedzic: Sure. City ofMiami Page 62 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 BC.1 11-00062 Vice Chair Carollo: Thank you. Chair Gort: Okay. Thank you. END OF RESOLUTIONS BOARDS AND COMMITTEES RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Dayami Rizo Mayor Tomas Regalado Eduardo Cantera Mayor Tomas Regalado Lauren Reskin Mayor Tomas Regalado Mayda Santander Mayor Tomas Regalado Mercedes Lopez -Cisneros Mayor Tomas Regalado Juana Amanda Vargas Chairman Wifredo (Willy) Gort Marvin Weeks Commissioner Richard Dunn II 11-00062 Arts CCMemo.pdf 11-00062 Arts Current_Board_Members.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-11-0082 Chair Gort: Boards. Board appointments. Todd Hannon (Legislative Services Supervisor): Excuse me, Chair. Chair Gort: Yes. Mr. Hannon: Can you just give us a couple of minutes for the boards? The Clerk had to step away for a moment, so if you could -- Oh, she's back. Thank you. Commissioner Suarez: I think we did it pretty efficiently last time. I'm not sure if we want to do it the same way. We just -- Vice Chair Carollo: Hold on, hold on, hold on. Commissioner Suarez: -- did the ones that we had to do instead of going through the whole City ofMiami Page 63 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 litany of it. I don't know, whatever. Chair Gort: Yes, ma'am. Priscilla A. Thompson (City Clerk): With all due respect, Commissioner, I -- Commissioner Suarez: Sorry. Ms. Thompson: -- I would ask -- no -- if you would beg -- I would beg your indulgence . We do have a lot of appointments to be made. I have names proffered. Commissioner Suarez: Okay. Ms. Thompson: So if we can go one by one, is that okay? Commissioner Suarez: Absolutely. Ms. Thompson: Thank you. Chair Gort: That's fine. Vice Chair Carollo: And just give me a second. Let me get my board things in order. Chair Gort: You guys want to take ten? Commissioner Sarnoff.. Is it a real ten or is it a half? Vice Chair Carollo: You could do five. I'll be back before five. Chair Gort: Five? Vice Chair Carollo: Yeah. Chair Gort: Yeah. Commissioner Sarnoff.. A real five. Commissioner Gort: (UNINTET,TIGIBT,F) 11:39:30. Vice Chair Carollo: Real five. Commissioner Sarnoff.. (UNINTET,TIGIBT,F) 11: 39: 32 real five? Vice Chair Carollo: Unless you want to do ten, but -- Commissioner Sarnoff.. No, no. Vice Chair Carollo: -- I'm good with five. Commissioner Sarnoff.. I want real five. Vice Chair Carollo: Okay, let's do a real five. Commissioner Sarnoff.. All right. City ofMiami Page 64 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Vice Chair Carollo: Thank you. [Later...] Chair Gort: Boards. I understand we have to go one by one. Ms. Thompson: Commissioners, I thank you for your patience with me on this. BC.1 is your Arts and Entertainment Council. Andl have a number of names that have been proffered by the Mayor. May I ask that as we go through the boards, it makes it easier for our recordkeeping if you all would just go ahead and make all of your nominations and then we take one vote? Commissioner Dunn: Yeah. Ms. Thompson: Okay. All right. I appreciate it. Commissioner Dunn: In the order of the -- Chair Gort: Yes. Commissioner Dunn: -- district? It'll be better to do it that -- Ms. Thompson: No, in the order of the number. It doesn't -- okay, you just make your -- andl can read them off to you as we're going along, if you'd like. Right now, for BC.1, Arts and Entertainment, the Mayor has proffered the names of Eduardo Cantera, Loreen Rosco, Dayami Rizo, to be your chair, Mayda Santander, Mercedes Lopez -Cisneros. Those are the names proffered by the Mayor. Now -- Chair Gort: Okay. Ms. Thompson: -- further appointments that are scheduled would be Chair Gort, Vice Chair Carollo, and Commissioner Dunn. Vice Chair Carollo: Continue. Chair Gort: I nominate Juana Vargas. Ms. Thompson: Juana Valgas [sic], okay. Chair Gort: The same one. Ms. Thompson: And then Vice Chair, you said you're -- Vice Chair Carollo: Continue. Ms. Thompson: Okay. Commissioner Sarnoff. So move. Ms. Thompson: Commissioner Dunn? Commissioner Sarnoff. Sorry, sorry. Commissioner Suarez: Second. Ms. Thompson: Commissioner Dunn? City ofMiami Page 65 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 BC.2 10-01297 Commissioner Dunn: One second. Commissioner Suarez: I'm sorry. Chair Gort: Hold it, hold it. Commissioner Dunn: To -- his term expired, but I want to, I guess, give him another term, Marvin Weeks. Ms. Thompson: Yes. Thank you. That then will cover everyone who has -- Commissioner Sarnoff. So move. Ms. Thompson: -- appointments scheduled. Vice Chair Carollo: Second. Chair Gort: It's been moved and second. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. 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. APPOINTEES: NOMINATED BY: Ignacio J. Abella Chairman Wifredo (Willy) Gort Stanley Foodman Commissioner Marc David Sarnoff Carol Gardner Commissioner Richard Dunn II 10-01297 Audit CCMemo.pdf 10-01297 Audit Current_Board_Members. 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-11-0083 Priscilla A. Thompson (City Clerk): Okay, BC.2 would be your Audit Advisory Committee. The appointments to be made are by Chair Gort, Commissioner Sarnoff, Commissioner Suarez, and Commissioner Dunn. Chair Gort: I nominate the -- Ignacio Abella, CPA (Certified Public Accountant). Commissioner Sarnoff. I nominate Stanley Foodman, CPA. City ofMiami Page 66 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Commissioner Dunn: I nominate Carol Gardner. Ms. Thompson: And Commissioner Suarez? Commissioner Dunn: CPA. Commissioner Suarez: Continue. Ms. Thompson: Okay. Commissioner Sarnoff. So moved. Vice Chair Carollo: So move. Chair Gort: It's been moved and -- Vice Chair Carollo: Second. Commissioner Sarnoff. Second. Chair Gort: -- second. Ms. Thompson: I'm sorry. Who's my -- Chair Gort: Who moved it? Ms. Thompson: -- mover? Chair Gort: Who moved it? Ms. Thompson: Thank you. Chair Gort: Commissioner Suarez moved it, Commissioner -- Vice Chairman Carollo second it. Ms. Thompson: Moving on to BC.3. On BC.3 -- Commissioner Sarnoff. Did we vote on it? Chair Gort: No. Let's vote on it. Ms. Thompson: I'm sorry. Chair Gort: All in favor, state it by saying "aye.' The Commission (Collectively): Aye. Ms. Thompson: Thank you, Commissioner Sarnoff. Commissioner Sarnoff. That's the first time, by the way. BC.3 RESOLUTION 11-00141 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK City ofMiami Page 67 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ralph Duharte Chairman Wifredo (Willy) Gort Pedro Diaz Vice Chairman Frank Carollo Nathan R. Kurland Commissioner Marc David Sarnoff Marlene Avalo Commission AT -LARGE Violette Sproul Commission AT -LARGE 11-00141 Bayfront CCMemo.pdf 11-00141 Bayfront Current_Board_Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0084 A motion was made by Vice Chairman Carollo, seconded by Commissioner Sarnoff, and was passed unanimously, to waive the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Ralph Duharte as a member of the Bayfront Park Management Trust. Priscilla A. Thompson (City Clerk): All right. On BC.3, that is your Bayfront Park Management Trust. Those to be making appointments would be Chair Gort, Vice Chair Carollo, Commissioner Sarnoff, Commissioner Suarez, and we have two at -large members. Chair Gort: Let me ask you a question. I was under the impression I made this appointment already before -- Vice Chair Carollo: Yeah, but clearly -- Chair Gort: -- about a month ago. We need to redo it again? Ms. Thompson: What happens is this, on Mr. Duharte, his actual term -- this one -- andl think he may be on another board -- but his term on this board expires on tomorrow, March 11. Chair Gort: Okay. Ms. Thompson: Okay. Chair Gort: I move Ralph Duharte. Commissioner Suarez: Second. Ms. Thompson: No, no, no. Vice Chair Carollo: Well -- City ofMiami Page 68 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Ms. Thompson: If -- okay, then -- Commi -- I'm sorry, Vice Chair Carollo. Vice Chair Carollo: My nomination is going to be to renominate Pedro Diaz. Ms. Thompson: Pedro Diaz. Thank you. Vice Chair Carollo: And at the same time, ifI may, there's two at -large members. I would like to keep the continuity. IfI could nominate Marlene Avalo and V olette Sproul. Ms. Thompson: All right. Then Commissioner Suarez? Commissioner Suarez: Continue. Ms. Thompson: I'm sorry. And then Commissioner Sarnoff. Commissioner Sarnoff. Nathan Kurland Ms. Thompson: Nathan Kurland okay. So that would be our appointments for that one. Commissioner Suarez: Second. Ms. Thompson: Mover? Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Gort: It's been moved by Vice Chairman Carollo and second by Commissioner Suarez. Vice Chair Carollo: And just for clarification, my appointment is Pedro Diaz and the other two Ms. Thompson: Are at -large. Vice Chair Carollo: -- are at -large, correct. Ms. Thompson: Thank you. On BC.4 -- Vice Chair Carollo: We have to move -- Ms. Thompson: I'm sorry. Vice Chair Carollo: -- we have to vote. Chair Gort: All in favor, state it by saying "aye.' Ms. Thompson: I'm so excited you're making appointments. Vice Chair Carollo: That's okay. The Commission (Collectively): Aye. Ms. Thompson: Thank you. City ofMiami Page 69 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Commissioner Suarez: Madam Clerk. Ms. Thompson: So excited. All right. Commissioner Sarnoff. One more time, she owes us dinner. Commissioner Suarez: Yep. Ms. Thompson: Okay. All right. Vice Chair Carollo: She just knows we're all hungry and -- Commissioner Suarez: Yeah. Vice Chair Carollo: -- she's trying to help us out so we could go out to lunch. Commissioner Suarez: It's excusable, it's excusable. [Later..] Chair Gort: Okay. Any other Commissioners? I have a couple of pocket items, but, Madam Clerk, I think you want to take care of -- since we have all five Commissioners here -- Ms. Thompson: Yes. Chair Gort: -- for your item. Ms. Thompson: Thank you, Chair. We need to go back and revisit or reconsider two of our board appointments because individuals will require a 5-5 term waiver. The first one, if the Commission sees fit to revist it, will be BC.3. That is for the Bayfront Park Management Trust. The Chair did nominate Ralph Duharte, and Mr. Duharte will need a 5-5 term limit waiver. Vice Chair Carollo: So move. Commissioner Suarez: Second. Commissioner Dunn: Second. Chair Gort: It's been moved by -- Commissioner Sarnoff. Motion to reconsider. Ms. Thompson: Yes. Chair Gort: Motion about reconsidering. Commissioner Sarnoff. We need to do a motion to reconsider first. Ms. Thompson: Reconsider. Vice Chair Carollo: Why? Commissioner Sarnoff. First we have to reconsider the vote that we took apparently out of four City ofMiami Page 70 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Ms. Thompson: Well -- Commissioner Sarnoff. -- we were only four Commission -- Ms. Thompson: -- what we can do, if you'd like, okay -- Commissioner Sarnoff. Just revote it? Ms. Thompson: We voted on the appointment. Now you can put in an additional separate motion for the 5-5 term limit waiver. Commissioner Sarnoff. Second Commissioner Carro -- Vice Chair's motion. Chair Gort: Okey-doke. It's a motion and a second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Thompson: And then on -- and thank you very much. BC.4 RESOLUTION 11-00142 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: Sira D. Galan 11-00142 CSW CCMemo.pdf 11-00142 CSW Current_Board_Members.pdf NOMINATED BY: Chairman Wifredo (Willy) Gort Motion by Commissioner Dunn II, 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-11-0085 Priscilla A. Thompson (City Clerk): On BC.4, we have the Commission on the Status of Women. To make appointments, we have Commissioner Gort, Vice Chair Carollo, Commissioner Suarez, and then Commissioner Dunn. Commissioner Suarez: I'm going to just say that I'm continuing all my appointments except for BC.11, which is going to be Enid Lorenzo, who's there. Ms. Thompson: We'll do that. We'll do that at -- Commissioner Suarez: I know, but I'm just going to specin, that now so that you don't ask me every time. Thank you. Ms. Thompson: Thank you. Anyone else making appointments? Chair Gort: I would like to appoint Sira D. Galan. City ofMiami Page 71 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Ms. Thompson: Celia [sic] -- Chair Gort: Sira D. Galan. Ms. Thompson: D. Galan. Chair Gort: Frank will get you the information. Ms. Thompson: Thank you. Chair Gort: Is there --? Ms. Thompson: Commiss -- Vice Chair Carollo? Commissioner Carollo: Continue. Ms. Thompson: Then we need a mover, seconder, and vote -- Commissioner Carollo: So move. Commissioner Dunn: I need -- Ms. Thompson: Oh. Commissioner Dunn: -- that's BC -- Ms. Thompson: I'm sorry, Commissioner -- Commissioner Dunn: -- 4, right? Chair Gort: Yes. Ms. Thompson: BC (Boards and Committees) -- Chair Gort: Who moved it? Commissioner Dunn: I want to continue. Chair Gort: Commissioner Dunn moved it. Ms. Thompson: Wait, wait. I'm sorry. Commissioner -- Commissioner Dunn: I have -- I want to continue mine as well. Ms. Thompson: Okay. Commissioner Dunn: Yes. Ms. Thompson: All right, so the only one we have there would be Chair Gort's appointment. Commissioner Dunn: So move. Chair Gort: Okay, it's been moved by Commissioner -- City ofMiami Page 72 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Commissioner Sarnoff.. Second. Chair Gort: -- Dunn, second by Commissioner Sarnoff. 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 A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FORA TERMS AS DESIGNATED HEREIN. (BC.5A) 10-00829a (BC.5B) 10-00829b APPOINTEE: NOMINATED BY: Deidria Davis Commissioner Richard Dunn II 10-00829 CRB CCMemo.pdf 10-00829 CRB Current_Board_Members.pdf 10-00829 CRB Resumes.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-11-0102 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING MICHAEL G. BARKET AS A MEMBER OF THE COMMUNITY RELATIONS BOARD. 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-11-0107 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Marjorie J. Weber Commissioner Marc Sarnoff City ofMiami Page 73 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 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-11-0087 Priscilla A. Thompson (City Clerk): On BC.5, your Community Relations Board, we have appointments to be made by Vice Chair Carollo; Commissioner Suarez has continued his, and then Commissioner Dunn. Vice Chair Carollo: Continue. Commissioner Dunn: Deidria Davis. Ms. Thompson: Deidria Davis, okay. Commissioner Suarez: Second. Ms. Thompson: So that would be Commissioner Dunn is moving. Commissioner Dunn: Correct. Ms. Thompson: Thank you. And your vote? Chair Gort: Commissioner Suarez second. All in favor, state it by saying aye.' The Commission (Collectively): Aye. Ms. Thompson: Thank you. Commissioner Sarnoff. Before we move on from BC.5, I would like to remove Michael Barket from the CRB (Community Relations Board). Ms. Thompson: Okay. Commissioner Suarez: Second. Commissioner Sarnoff. I'd like -- that's a motion. Commissioner Dunn: So move -- second. Commissioner Suarez: I'm sure you have a good reason. Chair Gort: It's been moved and second. Any discussion? Being none, all in favor, state it by saying "aye" The Commission (Collectively): Aye. Commissioner Sarnoff. I'd like to appoint Marjorie Weber. Vice Chair Carollo: So move. Commissioner Suarez: Second. Commissioner Dunn: Second. City ofMiami Page 74 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Chair Gort: Okay, it's been moved and second. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. BC.6 RESOLUTION 10-00011 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: Marta L. Zayas Mayor Tomas Regalado Myrna Pinto Chairman Wifredo (Willy) Gort Jacqueline Zelman Commissioner Marc David Sarnoff 10-00011 CTAB CCMemo.pdf 10-00011 CTAB 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-11-0088 Priscilla A. Thompson (City Clerk): Okay, on BC.6, member -- I'm sorry, the Community Technology Advisory Board. We have a name proffered by the Mayor, Marta Zayas has been proffered. Then those remaining to make appointments would be Chair Gort, Vice Chair Carollo, and Commissioner Sarnoff. Chair Gort: I will continue the same individual -- Ms. Thompson: Okay. Chair Gort: -- Ms. Myrna Pino [sic]. Ms. Thompson: Yes. Commissioner Sarnoff.. Jacqueline Zelman. Ms. Thompson: Okay. Vice Chair Carollo: Continue. Ms. Thompson: All right. Need a mo -- Commissioner Suarez: Second. City ofMiami Page 75 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Ms. Thompson: I need a motion. Chair Gort: Motion -- Commissioner Sarnoff. So move. Chair Gort: -- by Commissioner Sarnoff, second -- Commissioner Suarez: Second. Chair Gort: -- by Commissioner Suarez. All in favor, state it by saying "aye.' The Commission (Collectively): Aye. 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: Miriam Urra Chairman Wifredo (Willy) Gort Michael G. Barket Commissioner Marc David Sarnoff Charles J. Flowers Commissioner Richard Dunn II James Dixon AFSCME 871 10-00825 EOACCMemo.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-11-0089 A motion was made by Commissioner Dunn II, seconded by Commissioner Suarez, and was passed unanimously, to appoint James Dixon, Michael Barket, Charles Flowers andMiriam Urra as members of the Equal Opportunity Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for James Dixon andMiriam Urra as members of the Equal Opportunity Advisory Board. A motion was made by Commissioner Sarnoff, seconded by Commissioner Dunn II, and was passed unanimously, to waive the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Charles Flowers as a member of the Equal Opportunity Advisory Board. Priscilla A. Thompson (City Clerk): On BC.7, your Equal Opportunity Advisory Board, those to make appointments today would be Chairman Gort, Vice Chair Carollo, Commissioner Sarnoff, Commissioner Dunn, andl do have a name that was proffered by AFSCME (American City ofMiami Page 76 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Federation of State, County and Municipal Employees) 871. That name and that person because of attendance requirements would have to have a four fifths attendance waiver, and his name is James Dixon. Chair Gort: Okay. I nominate Estrella Duran. Ms. Thompson: Estrella? Chair Gort: No, no. Wait a minute. This is the -- the current member. I'm sorry, that's another board. Ms. Miriam Urra. I'll maintain the same -- Ms. Thompson: Okay. All right, and -- Chair Gort: -- current member. Ms. Thompson: -- Ms. Urra would also need a four fifth attendance waiver. Chair Gort: Right. Ms. Thompson: You have another seat, sir, that's a vacancy. Chair Gort: Not at this time. Ms. Thompson: Okay. Vice Chair? Vice Chair Carollo: Continue. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff. It's the Equal Opportunity Advisory Board, right? Ms. Thompson: Correct. Commissioner Sarnoff. I would nominate Michael Barket. Ms. Thompson: Michael Barket. Commissioner Dunn? Commissioner Dunn: Charlie Flowers -- Charles Flowers. Ms. Thompson: And then we have the name of James Dixon proffered. Need a mover, seconder, and vote, please. Commissioner Dunn: So move. Commissioner Sarnoff. Second. Commissioner Suarez: Second. Chair Gort: Moved by Commissioner Dunn and second by Commissioner Suarez. You sure about Flowers? Commissioner Dunn: Yes. Chair Gort: Oh, okay. City ofMiami Page 77 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Vice Chair Carollo: He was around here. Chair Gort: Where's Flowers? Vice Chair Carollo: I saw him earlier. Chair Gort: Okay, all in favor, state it by saying "aye. The Commission (Collectively): Aye. [Later..] Ms. Thompson: On BC.7, the appointment of Mr. Charles Flowers to the Equal Opportunity Advisory Board will also require a 5-5 term -- Commissioner Sarnoff.. So move. Commissioner Dunn: Second. Vice Chair Carollo: Second. Chair Gort: It's been -- Ms. Thompson: Thank you. Chair Gort: -- moved by Commissioner Sarnoff, seconded by Commissioner Dunn, and Flowers? Ms. Thompson: Yes. Chair Gort: All right. Commissioner Sarnoff.. He's a potted plant. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. Ms. Thompson: Thank you. BC.8 RESOLUTION 10-01298 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Clerk EMPLOYMENT REQUIREMENTS BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO EDILFA PEREZ AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD. 10-01298 EOA Waiver CCMemo.pdf 10-01298 EO WAIVER Current_Board_Members.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-11-0090 City ofMiami Page 78 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 BC.9 11-00065 Priscilla A. Thompson (City Clerk): Commissioners, BC.8 also has to do with the Equal -- the -- that same board, the Equal Opportunity Advisory Board. You have an individual who was appointed, Ms. Edilfa Perez. We need to have -- or the Commission would need to grant her a four fifth waiver because of her employment. She works for the County, so in order for her to serve, she has to have what we call the employment waiver. Chair Gort: Okay. Is there a motion? Vice Chair Carollo: So move. Commissioner Dunn: Second. Chair Gort: Moved by Vice Chairman Carollo, second by Commissioner Dunn. 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 FINANCE COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Eli Feinberg Mayor Tomas Regalado 11-00065 Finance CCMemo.pdf 11-00065 Finance Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0091 A motion was made by Commissioner Suarez, seconded by Vice Chairman Carollo, and was passed unanimously, to appoint Eli Feinberg as a member of the Finance Committee; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Eli Feinberg as a member of the Finance Committee. Priscilla A. Thompson (City Clerk): Okay, on BC.9, we have now our Finance Committee. The Mayor has proffered the name of Mr. Eli Feinberg. If he is approved, he would also need what we call the five/five term waiver. He has been serving on the board since 1998. Commissioner Suarez: So -- is there anyone else on that one? So move. Vice Chair Carollo: Second. Chair Gort: Okay, it's moved by -- second. All in favor, state it by saying "aye. " The Commission (Collectively): Aye. City ofMiami Page 79 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 BC.10 10-00766 RESOLUTION 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 Dunn II, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Priscilla A. Thompson (City Clerk): On BC.10, your Health Facilities Board, we have appointments to be made by Vice Chair Carollo and by Commissioner Dunn. Vice Chair Carollo: Continue. Commissioner Dunn: Continue. Ms. Thompson: May I get a motion, please? Commissioner Dunn: Second. Vice Chair Carollo: So move. Commissioner Dunn: Move. Commissioner Suarez: Second. Chair Gort: Been moved by Commissioner Dunn, second by Vice Chairman Carollo. 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 Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Jorge Kuperman Chairman Wifredo (Willy) Gort City ofMiami Page 80 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 (Architectural Historian) Lynn B. Lewis Chairman Wifredo (Willy) Gort (Alternate - Law) William E. Hopper, Jr. Commissioner Marc David Sarnoff (Citizen) Enid Lorenzo Commissioner Francis Suarez (Citizen) Gerald C. Marston Commissioner Richard Dunn II (Landscape Architect) 11-00066 HEP CCMemo.pdf 11-00066 HEP Current_Board_Members.pdf 2011 Summary List of HEP applicants.pdf 11-00066 HEP Applications.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-11-0093 A motion was made by Commissioner Dunn II, seconded by Vice Chairman Carollo, and was passed unanimously, to waive the residency requirements in Section 2-884(a) by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to Enid Lorenzo as a member of the Historic and Environmental Preservation Board. A motion was made by Vice Chairman Carollo, seconded by Commissioner Dunn II, and was passed unanimously, to waive the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Gerlad C. Marston as a member of the Historic and Environmental Preservation Board. Priscilla A. Thompson (City Clerk): BC.11 is your Historic and Environmental Preservation Board. And Commissioners, this is one of the boards that we had to advertise for. Those appointments that are scheduled to be made today would be Chair Gort, Vice Chair Carollo, Commissioner Sarnoff -- Commissioner Suarez is continuing his -- Commissioner Suarez: No, I'm not. Ms. Thompson: No. This is BC.11, I'm sorry. I'm corrected. He's going to make an appointment on this one. -- and then Commissioner Dunn. So Chair Gort? Chair Gort: I have Lynn Lewis. Ms. Thompson: Lynn Lewis? Chair Gort: Yes, and Jorge Kuperman. Ms. Thompson: And Jorge Kuperman. And both of those individuals did apply and they did qualify, okay. Then Vice Chair Carollo? Vice Chair Carollo: Continue. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff.. William Hopper. City ofMiami Page 81 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Ms. Thompson: Now -- Commissioner Dunn: I have -- Ms. Thompson: -- with Mr. Hopper, he did not qualin, for the area of Business, Finance, and Law, and that's where we have that opening. Commissioner Sarnoff. I'm sorry, he did not qual? Ms. Thompson: Not for Business, Finance, and Law. The question is where else would you like to place him? It could be citizen. It could be -- Let me make sure. Yeah, it could be citizen or are you placing him as architectural historian? Commissioner Sarnoff. So can he be citizen? Ms. Thompson: Yes. Commissioner Sarnoff. Okay. Commissioner Suarez: Ms. -- Madam Chair -- Madam Clerk -- Ms. Thompson: Yes. Commissioner Suarez: -- I just want to clarify that there's two citizen categories here. Do we have sufficient --? 'Cause I think the one that I was nominating was also a citizen. I don't know if that -- Ms. Thompson: We'll be all right. Commissioner Suarez: Okay, good. Ms. Thompson: Now with Ms. Lorenzo, because she's not a resident of the City ofMiami, she would need a four fifth residency waiver. Commissioner Suarez: Yes. Commissioner Dunn: So move. Commissioner Suarez: Second. Vice Chair Carollo: Second. Chair Gort: Been moved and second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Thompson: On BC.12, your Homeland Defense/Neighborhood Improvement -- Commissioner Dunn: Excuse me, one second. Ms. Thompson: -- Bond Program Over -- Yes, sir. Commissioner Dunn: I'm sorry. Didl miss my appointee? Didl have one for BC.11? City ofMiami Page 82 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Ms. Thompson: You do, you do. Yes, you do. I apologize. Commissioner Dunn: So -- okay. GeraldMartstein [sic]. Vice Chair Carollo: So move. Ms. Thompson: So you want -- Marston? Commissioner Dunn: Martson, yes. Chair Gort: Moved by Vice Chairman Carollo -- Commissioner Suarez: Second. Chair Gort: -- second by Richard Dunn -- Commissioner Dunn. All in favor, state it by saying "aye. The Commission (Collectively): Aye. 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: Mariano Cruz Chairman Wifredo (Willy) Gort Pablo Perez -Cisneros Chairman Wifredo (Willy) Gort David Freedman Commissioner Marc David Sarnoff Eileen Broton Commissioner Richard Dunn II 11-00067 Homeland CCMemo.pdf 11-00067 Homeland Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0094 Priscilla A. Thompson (City Clerk): Then again, I'll go into the Homeland Defense. That's BC.12. Commissioner Sarnoff. Madam Clerk -- Mr. Chair, sorry. Chair Gort: Yes. Commissioner Sarnoff. What are the qual --? Do you --? Is there --? Do you have to apply for City ofMiami Page 83 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Homeland Security Bond Improvement Board? Ms. Thompson: No, sir. Commissioner Sarnoff. Okay. Ms. Thompson: So under the Homeland, we have appointments to be made by the Mayor, and he has deferred his. Then Commissioner Gort, Vice Chair Carollo, Commissioner Sarnoff -- Commissioner Suarez has deferred his -- and Commissioner Dunn. Chair Gort: I will nominate my existing current members. Ms. Thompson: Okay, that would be Mr. Cruz -- Chair Gort: Mariano Cruz and Pablo -- Ms. Thompson: -- and Mr. Perez -Cisneros. Chair Gort: Yes. Ms. Thompson: Then we have Vice Chair? Vice Chair Carollo: Continue. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff: David Freedman. Ms. Thompson: David Freedman? Okay, Vice Chair -- I'm sorry. Commissioner Suarez has continued his. Commissioner Dunn? Commissioner Dunn: Eileen Broton. Ms. Thompson: Okay. All right, we need a mover and seconder. Commissioner Suarez: Move it. Commissioner Dunn: Second. Vice Chair Carollo: Second. Chair Gort: It's been moved by the -- Commissioner Suarez, second by Vice Chairman Carollo. All in favor, state it by saying "aye." The Commission (Collectively): Aye. 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 ofMiami Page 84 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Ramon (Ray) Flores Commissioner Marc David Sarnoff 11-00068 MIC CCMemo.pdf 11-00068 MIC 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-11-0095 Priscilla A. Thompson (City Clerk): Then BC.13, the Mayor's International Council, there's an appointment to be made by Commissioner Sarnoff. Commissioner Sarnoff.. I'm sorry. I wasn't -- I didn't hear you, Madam Clerk. Ms. Thompson: Your -- this is the Mayor's International Council. Commissioner Sarnoff.. I would reappoint Ramon Reyes [sic]. Commissioner Suarez: Second. Ms. Thompson: Ramon Reyes [sic], okay. Chair Gort: There's a motion by Commissioner Sarnoff, second by Commissioner Suarez. All in favor, state it by saying "aye." The Commission (Collectively): Aye. BC.14 RESOLUTION 11-00155 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Eli Feinberg Chairman Wifredo (Willy) Gort Francis Suarez Commissioner Francis Suarez Anthony Luis Recio Commissioner Francis Suarez 11-00155 MSEACCMemo.pdf 11-00155 MSEACurrent_Board_Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0096 City ofMiami Page 85 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Eli Feinberg as a member of the Miami Sports and Exhibition Authority; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Eli Feinberg as a member of the Miami Sports and Exhibition Authority. (BC.14A) RESOLUTION 11-00155a Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING FRANK Clerk CAROLLO AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY. 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-11-0097 Priscilla A. Thompson (City Clerk): Then on the next one, BC.14, would be the Miami Sports and Exhibition Authority. Those to make appointments would be Chair Gort, Vice Chair Carollo -- Commissioner Suarez is continuing his? Commissioner Suarez: Actually, I'll just reappoint mine. Ms. Thompson: Okay. Commissioner Suarez: Thanks. I'm sorry. Vice Chair Carollo: By the way, in the last meeting or the last time, Commissioner Sarnoff had appointed me. Commissioner Sarnoff. Didn't like that? Vice Chair Carollo: It's not that. It's just that I was trying not to be appointed to that because I think I'm spending so many time -- so much time with other boards that -- Commissioner Sarnoff. You know what happens when you leave the dais? You become the president. Vice Chair Carollo: What's that? Commissioner Sarnoff. You know what happens when you leave the dais? You become the president. Vice Chair Carollo: I know that, so that's why I'm correcting it. Commissioner Sarnoff. Would you like me to reconsider? Vice Chair Carollo: Yeah, reconsider. Commissioner Sarnoff. All right, I have a motion -- Vice Chair Carollo: Hold on. Do we need to reconsider or --? City ofMiami Page 86 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 BC.15 10-00913 Commissioner Sarnoff. Or removal, right? Ms. Thompson: That's -- Commissioner Sarnoff. Sorry. Ms. Thompson: -- correct. Commissioner Sarnoff. All right. This is -- this should go down in history, all right. I move to remove the Vice Chair from MSEA (Miami Sports and Exhibition Authority). Let's see if he -- Vice Chair Carollo: Andl second it. Commissioner Sarnoff. -- seconds it. Chair Gort: Moved by Commissioner Sarnoff and seconded by -- Commissioner Suarez: I can't walk off on this one, right? Chair Gort: -- Vice Chairman Carollo. Ms. Thompson: You want to go ahead and -- Chair Gort: Okay, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Now we go to the nominations. Ms. Thompson: Right. Thank you. Chair Gort: I'll maintain my current members. Ms. Thompson: Now your current member on that board is Mr. Eli Feinberg, and again, he'll need a five/five term waiver limit. Commissioner Suarez: Second. Ms. Thompson: Who's going to --? Chair Gort: Who moves it? Vice Chair Carollo: Move. Move it. Chair Gort: Vice Mayor Carollo -- Vice Chairman Carollo moved it, second by Commissioner Suarez. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Thompson: Notice I'm not trying to buy lunch. RESOLUTION City ofMiami Page 87 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. (BC.15A) 10-00913b Office of the City Clerk APPOINTEES: 10-00913 NAB CCMemo.pdf 10-00913 NAB Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION NOMINATED BY: Vice Chairman Frank Carollo Commissioner Marc David Sarnoff A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING JOSE M. REYES AS A MEMBER OF THE NUISANCE ABATEMENT BOARD. 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-11-0098 (BC.15B) RESOLUTION 10-00913c Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Estrella Duran Chairman Wifredo (Willy) Gort 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-11-0099 Priscilla A. Thompson (City Clerk): BC.15, the Nuisance Abatement Board. Those to make -- on the Nuisance Abatement Board, those to make appointments would be Vice Chair Carollo and then Commissioner Sarnoff. Vice Chair Carollo: Continue. Ms. Thompson: Commissioner Sarnoff? City ofMiami Page 88 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 BC.16 11-00202 Commissioner Sarnoff. I have written down here that Shane Graber cannot be reappointed? Ms. Thompson: That's correct. Commissioner Sarnoff. And the reason? Ms. Thompson: But he can continue to serve until you make an appointment. Commissioner Sarnoff. All right, then I will continue. Chair Gort: I would like to remove Jose Reyes, which he informed me that he was not able to attend, and nominate Estrella Duran. Now, gentlemens [sic], this is one board that we discussed a little while ago, which is one board that we need to appoint our members. This is one board that has the teeth to be able to close those people that are not complying with the City ordinance. Vice Chair Carollo: Nuisance Abatement. Chair Gort: So I'm asking you, the Nuisment [sic] Abatement Board -- that I understand they have not had a meeting in a long time and it's a great need for it now more than ever. So please, next meeting, if you can, try to bring some nominations. Commissioner Suarez: Second. Chair Gort: Okay, been moved by -- Who made the motion? Commissioner Suarez: Oh, I guess you can't move it, so I move it. Commissioner Dunn: Second. Chair Gort: Okay, moved by Commissioner Suarez, second by Commissioner Dunn. 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 Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE OAB/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Youth Member) 11-00202 OAB CCMEMO.pdf 11-00202 OAB Current_Board_Members.pdf 11-002-2 OAB Applications.pdf NOMINATED BY: Commissioner Richard Dunn II Commissioner Richard Dunn II City ofMiami Page 89 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Priscilla A. Thompson (City Clerk): On BC.16 would be the Overtown Advisory Board/Overtown Community Oversight Board. This, again, Commissioners, is one of those boards we had to advertise for, and in this one, Commissioner Dunn has appointments to be made. Under the -- we have two individuals who are eligible applicants in the adult category, Marlon Moore and Shomar Robinson [sic]. Commissioner Dunn: Let me continue that. Ms. Thompson: Okay. Do you want to continue the whole item because there's also a youth? Andl didn't have at the time of closing any eligible applicants. Commissioner Dunn: Yes. Let me continue the whole item. Ms. Thompson: Do I have a mover, seconder, vote? Chair Gort: Moved by Commissioner Dunn, second by Commissioner Suarez. Vice Chair Carollo: Second. Chair Gort: All in favor, state it by saying "aye.' The Commission (Collectively): Aye. BC.17 RESOLUTION 11-00154 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 11-00154 PRAB CCMemo.pdf 11-00154 PRAB Current_Board_Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Priscilla A. Thompson (City Clerk): On BC.17 -- that is the Parks and Recreation Advisory Board -- the individual to make an appointment there would be Vice Chair Carollo. Vice Chair Carollo: Continue. Ms. Thompson: Need a seconder. Chair Gort: There's a motion by Vice Chairman Carollo. Is there a --? Second by -- City ofMiami Page 90 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Commissioner Suarez: Second. Chair Gort: -- Commissioner Suarez. 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. APPOINTEES: NOMINATED BY: Jesus Permuy Chairman Wifredo (Willy) Gort Rudolph Moreno Commissioner Marc David Sarnoff Anthony E. Tzamtzis Commissioner Marc David Sarnoff (Alternate) Dean B. Lewis Commissioner Richard Dunn II 10-00823 UDRB CCMemo.pdf 10-00823 UDRB Current_Board_Members.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-11-0100 Priscilla A. Thompson (City Clerk): BC.18 would be your Urban Development Review Board, better known as UDRB. That board has not an application process, but specific qualifying requirements, either as an architect or a landscape architect. Those to make appointments would be Vice -- I'm sorry, Chair Gort, Vice Chair Carollo, Commissioner Sarnoff -- Commissioner Suarez is continuing his -- then Commissioner Dunn. Chair Gort: I have the Jesus Permuy. He's an architect. Ms. Thompson: I'm sorry? Chair Gort: Jesus Permuy. We'll send you the written information. Ms. Thompson: Thank you. And then -- Are you just going to make that one, sir? That's the only one you're going to make? Chair Gort: That's the only one I have. Ms. Thompson: Thank you. That's for your vacant position. Commissioner Suarez: Move it. Commissioner Dunn: No. City ofMiami Page 91 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Ms. Thompson: No, wait a minute. Commissioner Sarnoff. Wait, wait. Chair Gort: Well, wait a minute. Ms. Thompson: Okay. Commissioner Dunn: I'm sorry. Ms. Thompson: Then Vice Chair? Chair Gort: I'm sorry. I have a second one, which is the current member, Robin Bosco. Ms. Thompson: Yes. Now he cannot be reappointed this time, but he continues to serve until you make -- Chair Gort: Got you. Ms. Thompson: -- another appointment. Chair Gort: All right, that's it. Ms. Thompson: Vice Chair? Vice Chair Carollo: Continue. Ms. Thompson: Okay. Commissioner Sarnoff? Commissioner Sarnoff. Anthony E. Tzamtzis. I'll spell it for you, T-Z-A-M-T-Z-I-S. Ms. Thompson: Okay. Anyone else? You have two appointments. Commissioner Sarnoff. Oh. I will pass. Ms. Thompson: Okay. Commissioner Sarnoff. I'll continue the rest. Ms. Thompson: I'm sorry? Commissioner Sarnoff. I'll continue the other appointment. Ms. Thompson: Okay, then what need to make sure from you is which individual are you then going to be removing or replacing on the board with your new appointment? Commissioner Sarnoff. Can you name the two of them? Oh, I'm sorry. And I'll reappoint Rudolpho [sic] Moreno. Ms. Thompson: Thank you. Chair Gort: Okay, it's a motion -- Commissioner Dunn: Wait, wait, wait, wait, wait. City ofMiami Page 92 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Ms. Thompson: No, no. Chair Gort: Okay. Ms. Thompson: Okay, then we move to Commissioner Dunn. Commissioner Dunn: Dean Lewis. Ms. Thompson: Dean Lewis. Mr. Lewis will require a four fifth attendance waiver to be reappointed. Commissioner Dunn: So move. Ms. Thompson: Okay. Vice Chair Carollo: Second. Chair Gort: Moved by Commissioner Dunn, second by Vice Mayor [sic] Carollo. All in favor, state it by saying "aye." The Commission (Collectively): Aye. BC.19 RESOLUTION 10-00919 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR ATERM AS DESIGNATED HEREIN. BC.20 11-00153 Office of the City Clerk APPOINTEE: NOMINATED BY: Commission AT -LARGE 10-00919 Virginia Key CCMemo.pdf 10-00919 VKBPT Current_Board_Members.pdf NO ACTION TAKEN Priscilla A. Thompson (City Clerk): BC.19 would be your Virginia Key Trust. That is an at -large appointment, and that individual has to be recommended by the Trust to the Commission, and we have not gotten a recommendation at this point in time. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Jose Herrera, Jr. Mayor Tomas Regalado Stuart Sorg Chairman Wifredo (Willy) Gort City ofMiami Page 93 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Guillermo "Bill' Rodriguez Chairman Wifredo (Willy) Gort Manuel J. Prieguez Vice Chairman Frank Carollo Wendy Kamilar Vice Chairman Frank Carollo 11-00153 WAB CCMemo.pdf 11-00153 WAB Current_Board_Members.pdf Motion by Commissioner Dunn II, 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-11-0101 A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, to reconsider the item. A motion was made by Vice Chairman Carollo, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Manuel J. Prieguez and Wendy Kamilar as members of the Waterfront Advisory Board; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates toWendy Kamilar as a member of the Waterfront Advisory Board. Priscilla A. Thompson (City Clerk): So we move on to BC.20 -- sorry, just bear with me. BC.20 would be the Waterfront Advisory Board. And on BC.20, the Mayor has proffered a name, and that name is Mr. Jose Herrera. The other individuals to make appointments today would be Chairman Gort, Vice Chair Carollo, and Commissioner Suarez is continuing his. Vice Chair Carollo: On mine I would like to nominate Wendy Kamilar -- Ms. Thompson: Okay. Vice Chair Carollo: -- and continue the other appointment. Ms. Thompson: All right. Now Ms. Kamilar has served since 2002, so she would also need that five five term waiver limit. So we need the fifth person -- Vice Chair Carollo: I'll continue both then. Ms. Thompson: Okay. All right. Chair Gort? Chair Gort: Current members. Ms. Thompson: Reappointing, okay. Then I need a motion, please. Commissioner Dunn: So move. Chair Gort: It's moved by Commissioner Dunn -- Commissioner Sarnoff.. Second. Chair Gort: -- second by Commissioner Sarnoff. All in favor, state it by saying "aye. " City ofMiami Page 94 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Ms. Thompson: Thank you. That's the end of your board appointments. Thank you so much, Commissioners and Chair. Chair Gort: Thank you. What time --? [Later..] Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: Since we've revisited board agenda, on BC.20 -- Ms. Thompson: Yes, sir. Vice Chair Carollo: -- Waterfront Advisory -- Ms. Thompson: Yes, sir. Vice Chair Carollo: -- I had actually continued it because there wasn't five Commissioners here. Ms. Thompson: That's right. That was Ms. Kamilar. Vice Chair Carollo: Can we revisit it, and do I have to --? Ms. Thompson: No. Vice Chair Carollo: Actually, I made a motion to continue. Can -- Do I have to reconsider or Ms. Thompson: On that one, you -- yes, because you said continue and not made the appointment, so yes. Commissioner Sarnoff.. Second. Vice Chair Carollo: Okay, motion to reconsider -- Commissioner Suarez: Second. Commissioner Sarnoff.. Second. Vice Chair Carollo: -- on both of my appointments to the Waterfront Advisory Board. Chair Gort: Been moved by the Vice Chairperson Carollo, second by Commissioner Suarez. All in favor, state it by saying aye. The Commission (Collectively): Aye. Vice Chair Carollo: My two appointments will be Manuel Prieguez and Wendy Kamilar. Ms. Thompson: With the 5-5 term limit waiver for Ms. Kamilar. Vice Chair Carollo: Right, exactly. City ofMiami Page 95 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 DI.1 11-00128 City Manager's Office Chair Gort: Yes. Commissioner Sarnoff. So move. Chair Gort: There's a motion -- Commissioner Sarnoff. Second. Chair Gort: -- by Commissioner -- by Vice Chairperson Carollo and second by Commissioner Sarnoff. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Thompson: Okay, thank you. END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DISCUSSION ITEM PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES CONCERNING THEIR ANNUAL REPORTS: -BAYFRONT PARK MANAGEMENT TRUST -CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD -CIVIL SERVICE BOARD -CODE ENFORCEMENT BOARD -EQUAL OPPORTUNITY ADVISORY BOARD -LITTLE HAVANA SPECIAL EVENTS DISTRICT -COMMERCIAL SOLID WASTE MANAGEMENT ADVISORY COMMITTEE -MAYOR'S INTERNATIONAL COUNCIL -COMMUNITY TECHNOLOGY ADVISORY BOARD -PARKS AND RECREATION ADVISORY BOARD 11-00128 Memorandum.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 DI.I was deferred to the Commission meeting scheduled for March 24, 2011. Chair Gort: Okay. My understanding is the -- I'd like to defer the presentations by the chairperson of the board. I've only receive information from four boards. I would like to have all the boards send the information to us so we can have it in hand and have it -- have this on the 24th. Vice Chair Carollo: That -- I'm sorry, Mr. Chairman. That's the discussion item where all the boards --? 'Cause I'm presenting also. City ofMiami Page 96 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Chair Gort: Right. Vice Chair Carollo: Okay. I don't have a problem with that. Do you need a motion? Chair Gort: Can I have a motion? Vice Chair Carollo: So move. Commissioner Dunn: Seconded. Chair Gort: It's been moved by Vice Chairperson Carollo, second by Commissioner Dunn. Moved to the 24th. That'll be D1 [sic]. Priscilla A. Thompson (City Clerk): Yes. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. DI.2 DISCUSSION ITEM 11-00129 Miami Parking DISCUSSION TO REVIEW RESULTS OF OPERATIONS THROUGH Authority DECEMBER 31, 2010 FOR THE GUSMAN AND OLYMPIA SPECIAL REVENUE FUND. 11-00129 Memos from Miami Parking Authority.pdf 11-00129 Revenue and Expenses Summary.pdf 11-00129 Schedule of Revenue and Expenses.pdf 11-00129 Summary of Major Variances.pdf DISCUSSED Chair Gort: I have a request from the City Attorney -- I mean, City Clerks [sic]. There goes the four -fifth. Commissioner Dunn: Oh, we lost it again. Chair Gort: She needs a four fifth vote on a couple of items. Commissioner Suarez: Oh, sorry. For BC.20? Is that BC. 20? Priscilla A. Thompson (City Clerk): BC (UNINTELLIGIBLE) 3:19: 58. Commissioner Suarez: Okay. Chair Gort: The discussion item that we have, I think we'd like to have the full board here. Tony E. Crapp, Jr. (City Manager): Mr. Chairman, we have DI.2, which is the Gusman and Olympia operational results, the Gusman. Chair Gort: Discussion item on the Gusman? Yes. Scott Simpson: Good afternoon. Scott Simpson, with Miami Parking Authority. In your package is a income statement for the three months ending December 31 for the Gusman. For the three months ended, they ended up with revenue before grants and City contribution of 174,000; operating expenses were approximately 296, 000, leaving an operating deficit of City ofMiami Page 97 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 approximately $79, 000 for the first quarter, which is typical because the first three months are a slow period for the theater. The theater season picks up typically January, February, and March. With that, I'll entertain any other questions about the operation. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff. Where do you stand with the Herman Echevarria plan? Art Noriega: Art Noriega, Miami Parking Authority. It has been, I guess, well documented at this point, we are kind of in the llth hour as it relates to the timeline required of us, specifically given the budget constraints we have for this year. So the document is basically done. The hope was that it was going to get to this agenda; we didn't quite make it. Our hope is that we'll -- there were some minor details being worked out today and it'll get on the agenda for the 24th. I will -- of course, once the document is absolutely finished and l feel like it's ready, I'll sit with each of you individually, walk you through it in a lot of detail so you have a sense of what the plan is. I'll also bring Herman with me so he can kind of walk you through some of what his vision is. It took a little longer I think in part because there were a lot of very complicated issues that had to be addressed related to bonds and, you know, on both sides, both on Herman's side, you know, he had pretty much volunteers doing all of his legal work and his accounting so -- I mean, he struggled a bit too, and we had some issues come up along the way. But I think we have a document and a deal sort of structured now that gives him the tools he needs to be successful in terms of his fundraising efforts in the future and really give him what he needs in terms of the ability to really manage it in the way he sees it in terms of his vision, andl think there's enough protection in there for the City that I think will -- everybody here should be pretty well satisfied once we present it to you. But the -- I'm not going to sugarcoat it. If we don't get something done by the end of this month, we're about at that point where we run out of money so Commissioner Sarnoff. Well, how many days of operating do you have left? Mr. Noriega: Huh? Commissioner Sarnoff. How many days operating do you have left? Mr. Noriega: I don't look at it in terms of days 'cause it's a little more fluid than that because we have events coming in. I mean, you can't sort of quantify it and say we have, you know, like 20 days of life support. I've always kind of -- for me, I've always looked at it in terms of based on where we are in our budget, if we don't get something done by the end of March, come April 1 we're about ready where we got to close the doors. Commissioner Sarnoff. Has the City Attorney signed off on this? Mr. Noriega: City Attorneys prepared the agreement, so so far she has, yes. Commissioner Sarnoff. So is there any reason we will not make the next agenda? Mr. Noriega: Shouldn't be any reason why. I mean, barring some major issue on Herman's side, which I don't -- 'cause they've been included in the process throughout. There were some changes made the end of last week related to some comments from bond counsel. Those were vetted at the time, but the actual language has been put in so there may be some tweaks to it. I don't think -- foresee there's going to be an issue, but you know, I wouldn't certainly bet my life on it, but I'm pretty confident that we'll get there. City ofMiami Page 98 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Commissioner Sarnoff.. Okay. Thank you. Chair Gort: Mr. Mayor. Mayor Tomas Regalado: Just to reaffirm that we plan to bring this on the 24th agenda so we will have time and of course, everyone will be briefed. But the City Attorney's office has been working in detail to -- about this agreement andl think it's going to be a win -win for everybody. Commissioner Sarnoff.. Thanks, Mr. Mayor. Vice Chair Carollo: Mr. Chairman. Chair Gort: Thank you. Yes. Vice Chair Carollo: If it is planned for the March 24 agenda, I think we need to get the documents pretty soon. Unidentified Speaker: Huh? Vice Chair Carollo: If we're planning for the March 24 agenda, I think we need to get the agreement pretty soon in order -- Mayor Regalado: Yes. Vice Chair Carollo: -- for us to have adequate time to -- Mayor Regalado: No, right. Vice Chair Carollo: -- read, analyze, et cetera. Mayor Regalado: Right. It's already -- almost done, and it will be in your office I guess on Monday. On Monday, we all have it. And it will be no substitutions or anything. Vice Chair Carollo: No substitution, no last minute -- Chair Gort: Five days. Vice Chair Carollo: Okay. Chair Gort: Five days. Mayor Regalado: Maybe a -- Vice Chair Carollo: Fair enough -- Mayor Regalado: -- scrivener's error or something. Vice Chair Carollo: -- Mr. Mayor. Fair enough. Chair Gort: Okay. Any further questions? Any other questions? Okay. Thank you. DI.3 DISCUSSION ITEM 11-00163 Office of the City DISCUSSION RELATING TO THE CHARTER REVIEW PROCESS. Attorney City ofMiami Page 99 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 11-00163 Discussion Charter Review Process.pdf DISCUSSED Direction by Vice Chair Carollo to the City Attorney for this item to be brought back at the next Miami City Commission Meeting scheduled for March 24, 2011, with suggestions from each Commissioner as to what the makeup of the Charter Review Committee should be. Direction by Chair Gort to the City Attorney to provide examples of procedures used to create past Charter Review Committees for the next Miami City Commission Meeting scheduled for March 24, 2011. Chair Gort: D3 [sic]. Tony E. Crapp, Jr. (City Manager): DI.3 is the discussion item about the charter review process. I think the City Attorney -- You have a presentation, right, Julie? Julie O. Bru (City Attorney): Mr. Chair, the item was previously discussed by the Commission and you had requested that we look into possible ways of setting up a process for reviewing the charter to do a charter revision. I know the City Clerk has done an excellent job -- andl'm sure all of you have received it. She made it available to everyone. -- of just summarizing the different ways that the City ofMiami in the past has undertaken a charter review. As far as legal requirements, there isn't any procedure mandated in our charter or our code or by the Miami -Dade County charter, so pretty much the Commission is at liberty to choose the process that you deem most appropriate. The one that seems to be the most traditional and the one that we've probably adhered to the most in the past is the committee -- the Commission committee method, where the Commission appoints members to a committee. It could include members of this Commission, and a series of public meetings are held where you receive input from the public regarding different sections of the charter. All those suggestions, revisions are then vetted out and they're formulated, they're memorialized; language is drafted, presented to the Commission, and the Commission decides which of those amendments go to the voters. So we're, you know, open to any suggestions that the Commission wants in terms of a time line, in terms of preparing anything concrete to be brought to you. The first step obviously would be a resolution of this Commission authorizing a committee and then mandating who the members would be, how long they would have to meet, what their task would be. So we're available to respond to any requests that are made specifically. Chair Gort: Thank you. Discussion? Yes, sir. Commissioner Dunn: Yes. Madam Attorney, if it is the pleasure of this Commission, I would like to see a process that's deliberate, but not rushed and not taken all at once because it's a very -- as you very well know, a very voluminous process. Andl would love to see it where we, you know, just kind of break it down and to deal with some of the easier issues first and then build momentum. I do like the idea of a precedent that -- the precedent that's already been set where the Commission andl'm sure the Mayor would appoint members to start the process. I don't know what the pleasure is of this Commission, but that would be I believe the best way to go; first and foremost to set up a charter review committee. Commissioner Suarez: Mr. Chairman. I think the last time that we brought this up, I think Commissioner Sarnoff had brought it up. I would love to participate in that process andl would volunteer to participate in that process. And he may have even suggested that I participate in that process. I -- call me weird, but I like -- I really enjoy it. So I would love to participate in it if you feel it's necessary. To whatever extent I can be involved in it, I'd like to be part of that effort. Vice Chair Carollo: Mr. Chairman. City ofMiami Page 100 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Chair Gort: Yes, sir. Vice Chair Carollo: Can two City Commissioners participate in the process? Ms. Bru: Yes. And these -- whatever meetings are held would be publicly noticed. They would be in the sunshine. That would be appropriate. We could establish a committee that could comprise of one or more members of this Commission, and then whatever members of the public you deem appropriate, you know. We could -- you could establish it based on their qualifications, whether you want them to come from academia, from other governmental entities, from the legal field, from maybe, you know, professors. I mean, we have samples of what in the past has been done in terms of you know, the constitution of the committees. Recently, Miami -Dade County had a charter revision that took place not too long ago. I'm pretty sure you're all familiar with it. Victor Diaz was the chair. I think Commissioner Gimenez served on it. There were members of the -- I think professors from the university. There were members from other governmental entities. So, you know, we can -- if we get some direction from you as to we want to establish this and we want it to be this kind of committee, we can prepare a resolution, bring it back to you, you can set forth a timeframe. I really think that, realistically, something like this would take a year. From commencement to its final conclusion of going to the voters, you're looking at about, in my opinion, a year's worth of you know, time expended on it. You probably obviously would want to schedule it so that you don 't have to have a special election, so that you can coincide with a regularly scheduled election. I mean, I think it might be a little too rushed to even think about the November election because it's just not going to happen. I mean, this is very time consuming. To do it well, you really need to put a lot of thought into it. So we would have to think about the next general election that's held in the City, which would be in 2013. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Thank you. Ms. Bru: 2012, okay. Vice Chair Carollo: I actually agree with Commissioner Dunn in that I think we all agree we need some type of process, charter review process. I just don't want it to be rushed. You know, I'm thinking -- you know, I want to be a participant in it, maybe be part of the committee; or ifI appoint someone, I'm still going to be very active in it. There's actually things that -- various items thatl wanted to bring to Commission as a change in the charter, in the code, andl haven't, but you know, I've done a list of them. And realistically, right now I'm more focused on the budget and what's going to be coming up in the next few months, so you know, I'll go with the will of this Commission. However, I do think that the process needs to slow down. I don't think we need to be in any hurry and that's, you know, my thoughts, andl agree with Commissioner Dunn. Commissioner Suarez: Andl agree with the other Commissioners. I don't think there's any particular rush. I mean, I think the charter is not a document to -- that's not a flimsy document. It's not a document to be amended haphazardly or in a casual way. So you know, I would -- again, I'd love to be a part of it just 'cause -- that's my nature. You know, that's something that enjoy, but it's not something that had to be done for any -- even specin, it has to be done by a certain election date. It's just something that -- it's a process; it takes time. For example, you know, in crafting the whole affordable housing legislation, which we're not even done with, it's taken seven months andl never saidl want do it by `X" date or "Y" date or whatever. It's just a matter of getting it right and whatever time that takes is what it takes and there's a variety of different issues, and there's little issues and there's big issues, and there's -- you know, andl City ofMiami Page 101 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 think it's a lengthy document. You have to go through it comprehensively. So you know, I wouldn't mind chairing a committee that's established by this Commission. Maybe -- I don't know if he wants to be part of that committee that would make a little bit more cumbersome from the perspective of sunshine, having to have every single meeting in -- you know, publicly noticed, et cetera, et cetera, but that's fine if -- you know, we can go through that process. I have no problem with that -- doing that. Or if you want to be involved by and through your appointee or any other Commissioner's appointee, that's fine, too. And there could be regular reports to the Commission on the progress of such a body that would shed light on what's going on and whether even the direction is the right -- or the Commission could set the policy. This is the direction we want you to go in. And then the -- you know, like, for example, we want you to take it article by article, and say, you know, give us a report after you've, you know, looked at every single article, bring it back and say these are the potential revisions to this article. You know, to take it very, very slowly, very methodically, you know, and let the Commission, you know, take it step-by-step, and then create a consensus of things to then at some point in the future present to the voters as a comprehensive package. That might make the most sense. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: IfI can make a suggestion. And again, it's just a suggestion that we bring this back in the next meeting with suggestions from each Commissioner as -- with regards to how we'd like to see it. In other words, what we think should be the makeup. Should it be a seven -member board, should it be more members, you know, what type of members do we want, you know, certain professionals, certain -- you know, and come up with everyone's suggestions, and then we could discuss it a little bit further in the next meeting and that's what I suggest. Chair Gort: Okay. Anyone else? Commissioner Suarez: When I saw it on the agenda, that's what I thought. I thought we were just going to kind of like toss around ideas. I didn't have anything particularly concrete in mind, so it sounds good to me. Chair Gort: Same time when you come back, I would like to see some kind of procedure that should be used. I'm sure there's plenty of them, the one we used in the past or the one the County just finished using. I think the amount of board members and the quality of the board member, andl believe any Commissioner that wants to be part of it should be part of it. That's -- but if you can come up with some -- the Administration can come up with some suggestion, that'll be -- so we can look at it at next meeting. Ms. Bru: So why don't we -- I'll prepare for you for the next meeting a sample resolution that would set forth establishing a committee and it would provide for the different, you know, characteristics of the appointees and so forth and so on. In that way, you'd have something in front of you to work off of and discuss. And the Mayor points out that the next general election that we could be aiming towards is the 2012, the primaries in 2012, so that would give us a good timeframe, you know, to start to work on it. Commissioner Suarez: But I think the Commission has kind of expressed individually, almost through every single member, that there's no real need to say this is our deadline, so to speak. We haven't even created any body. So I mean, you know, personally -- Ms. Bru: But you know -- personally, you know, to establish a committee and a process and not give yourself a time is like just to have it out there floating with -- Chair Gort: Yeah. City ofMiami Page 102 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Ms. Bru: And think giving ourselves more than a year is more than sufficient time to do this. Commissioner Suarez: I don't know. I haven't started the process. No one here has started it so it's hard to say without even having -- Ms. Bru: Right, right. Commissioner Suarez: -- started the process how much time you're going to need. Ms. Bru: Well, we don't have to -- I mean, eventually when you establish a committee, I would recommend that in that resolution you would say to issue a report by such and such a date. Otherwise, you're giving a mandate to a group of people to do something with no clear direction as to when do we expect a result. It could be, you know, a year. It could be 12 months but -- Commissioner Suarez: I kind of disagree, respectfully. I think that, you know, you can build into the scheme, for example, what we were talking about, where that board or committee would report back to the Commissioner -- the Commission, the Commissioners, whatever, on a periodic basis, on the basis of whatever, you know, its review is or its work and not necessarily set an outside deadline. But I mean, it doesn't matter. At the end of the day, it's whatever this Commission wants to do so -- Ms. Bru: We'll make this very flexible so that you can, through your debate and discussion, finalize how you want this to -- Commissioner Suarez: Fine-tune it. Ms. Bru: -- go forward. Chair Gort: (UNINTET,T IGIBT ,F) 3: 28: 23. You come back and as you work, you will see once you start meeting, you start looking at the documents that you're going to be looking at, there might not be that many changes or there might be, and then you can determine the time. Okay. Thank you. Any other questions, statement? END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS PZ.1 RESOLUTION 10-00044x A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING OR DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, TO ALLOW A PRIMARY AND SECONDARY SCHOOL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1742 AND 1744 SOUTHWEST 2ND AVENUE, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0070 AND 01-4139-008-0060 AND 1737 AND 1745 SOUTHWEST 2ND COURT, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0080 AND 01-4138-001-5550; MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING City ofMiami Page 103 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 PERMIT MUST BE OBTAINED. 10-00044x CC 03-24-11 Fact Sheet.pdf 10-00044x ZB Appeal Letter. pdf 10-00044x Analysis. pdf 10-00044x Zoning Map.pdf 10-00044x Aerial Map. pdf 10-00044x Miami 21 Map.pdf 10-00044x ZB Reso.pdf 10-00044x Letter of Intent. pdf 10-00044x Application & Supporting Docs. pdf 10-00044x Plans. pdf 10-00044x & 10-00044x-a Supplemental Page.pdf 10-00044x CC Legislation (Version 3).pdf 10-00044x CC Legislation (Version 4).pdf 10-00044x & 10-00044x-a ExhibitA.pdf 10-00044x & 10-00044x-a Exhibit 1.pdf 10-00044x-Submittal-Carlos Gimenez.pdf 10-00044x-Submittal-Carlos Gimenez-Proposed Declaration of Restrictive Covenants. pdf LOCATION: Approximately 1742 and 1744 SW 2nd Avenue, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0070 and 01-4139-008-0060 and 1737 and 1745 SW 2nd Court, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0080 and 01-4138-001-5550 [Commissioner Frank Carollo - District 3] APPELLANT(S): W. Tucker Gibbs, Esquire, on behalf of Brickell View West Apartments, Inc., Adjacent Property Owner APPLICANT(S): Miguel Diaz de la Portilla, Esquire, on behalf of Barim at Brickell, LLC, Wetbri Group, LLC and Ignacio and Lourdes Zulueta, Owners and AV Development Group, LLC, Contract Purchaser FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval with conditions* of the original request. ZONING BOARD: Approved the Special Exception with conditions* on March 22, 2010 by a vote of 6-1. See related File ID 10-00044x-a. *See supporting documentation. PURPOSE: The approval of this appeal will not allow a primary and secondary school. 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 PZ.1 was deferred to the Commission meeting scheduled for March 24, 2011, with a time certain for 5: 00 PM. Chair Gort: By the way, let me announce -- I know it's time certain at 4 o'clock, but we received a letter from the -- from Tallahassee asking to please defer item PZ.1 and PZ.2. So for those of you or anyone that's going to be here for PZ.1 or PZ. 2, the item's being requested to be deferred. City ofMiami Page 104 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Tucker Gibbs: That's the 4 o'clock item? Chair Gort: That's the 4 o'clock item. I will repeat -- I'm sorry. Who you are? Who are you? Mr. Gibbs: Oh, I'm sorry. My name is Tucker Gibbs. I represent the Miami Roads -- Chair Gort: I'll recognize you in a minute. Mr. Gibbs: -- Neighborhood Association. I'm the appellant in PZ.1. Chair Gort: I understand. I'll recognize you in a minute. Mr. Gibbs: Thank you. Chair Gort: If you have any questions. Mr. Gibbs: My understanding is they've asked for a deferral for -- until the 28th. Chair Gort: I have not received the letter. My understanding, the letter was delivered to the attorney's office. Maria J. Chiaro (Deputy City Attorney): I'm sorry, Mr. Gibbs. I didn't understand when you asked for a deferral under what -- Mr. Gibbs: No. I just was acknowledging the fact that the Chair had noted that it was going to be deferred. I also understand there's a letter from the appellee asking for -- Ms. Chiaro: Yesterday afternoon hand -delivered to all of you, I believe, but certainly hand -delivered to our office was a letter again requesting that this item be removed from the agenda because of Florida Statute 11.111, which entitles the senator to have the item removed or not heard because of his duties at the Legislature. The legislate -- the statute provides the ability for a legislator to have an item removed from an agenda, but does not provide that the legislator is entitled to have it heard on a date certain. Senator and Diaz de la Portilla has requested that this item be heard on March 24. It is within the discretion of this body to set the item whenever it wishes. The only entitlement that the senator has is to have it removed if the Legislature is in session. So if it is your wish to set it after the legislative session or on some other date, you may. And you may consider the appellant's request to have it set on a particular day. Chair Gort: Okay. My understanding is we can set up a certain date, but the -- and correct me if I'm wrong, but the State is over -- is the one that makes the decision for us. Am I correct? Ms. Chiaro: Only if the Legislature is in session and only if the senator is engaged in required committee activities. So if you set it, for instance, after the legislative session, then there is no entitlement for the senator to have it removed from your agenda. Chair Gort: Okey-doke. Thank you. Yes, sir. Mr. Gibbs: Mr. Chair, my clients would like it to be set at the time Mr. Diaz de la Portilla said that he would be -- he was going to try to be available. He had communicated with us. Chair Gort: Okay. Mr. Gibbs: And so what we're trying to do is -- our goal is to get this matter resolved. Chair Gort: We understand, and (UNINTELLIGIBLE) 9: 58:14. City ofMiami Page 105 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Mr. Gibbs: And we understand that Mr. Diaz de la Portilla works in a big law firm with lots of lawyers who could do this. Because my understanding is the question that was posited by the Vice Chair was if you all come to an agreement, come and tell us. If not, we're going to make the decision. This is not rocket science. Chair Gort: Okay. Mr. Gibbs: And so what we would like to do is to say we agree -- we would ask you to keep it on the 24th. Mr. Diaz de la Portilla specifically said at 5 o'clock time certain so we don't have to wait here like we did the last time all day, and we would like to do that. Chair Gort: Okay. Thank you. Mr. Gibbs: Thankyou. Chair Gort: Welcome , Vice Chairman. Vice Chair Carollo: Thank you. Mr. Chairman, they're the appellants. If both parties are in agreement on the date, then I defer it to March 24 then. Chair Gort: Okay. There's a motion to defer -- Commissioner Dunn: Second. Chair Gort: -- it to March 24. Motion by Vice Chairperson Carollo, second by Commissioner Dunn. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Mr. Gibbs: Mr. Chair. Chair Gort: Yes. Mr. Gibbs: Just a question. Was that to the time certain -- Chair Gort: Five. Mr. Gibbs: -- of 5 o'clock, that motion? Chair Gort: Five o'clock time certain. Mr. Gibbs: Thankyou. Chair Gort: Okey-doke. [Later..] Chair Gort: Does anyone else --? Ms. Chiaro: Mr. Chair. Chair Gort: Yes. City ofMiami Page 106 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Ms. Chiaro: I'm sorry. If you were finished with the boards, it's just 4 o'clock. I wanted to make sure we made the announcement on the items that you continued this morning that were schedule for 4 o'clock. Chair Gort: Go right ahead. I have a pocket item. Does anybody has a pocket item? No. Go ahead. Ms. Chiaro: The items on the PZ agenda, PZ.1 and 2 that were scheduled for 4 o'clock were moved to March 24, pursuant to a request from the applicant's attorney who asked for the change under Florida Statute 11.111. Chair Gort: Thank you. PZ.2 RESOLUTION 10-00044x-a A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING OR GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, TO ALLOW A PRIMARY AND SECONDARY SCHOOL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1742 AND 1744 SOUTHWEST 2ND AVENUE, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0070 AND 01-4139-008-0060 AND 1737 AND 1745 SOUTHWEST 2ND COURT, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0080 AND 01-4138-001-5550; MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 10-00044x-a CC 03-24-11 Fact Sheet.pdf 10-00044x-a ZB Appeal Letter. pdf 10-00044x Analysis. pdf 10-00044x Zoning Map.pdf 10-00044x Aerial Map. pdf 10-00044x Miami 21 Map.pdf 10-00044x ZB Reso.pdf 10-00044x Letter of Intent. pdf 10-00044x Application & Supporting Docs. pdf 10-00044x Plans.pdf 10-00044x & 10-00044x-a Supplemental Page.pdf 10-00044x-a CC Legislation (Version 3).pdf 10-00044x-a CC Legislation (Version 4).pdf 10-00044x & 10-00044x-a ExhibitA.pdf 10-00044x & 10-00044x-a Exhibit 1.pdf 10-00044x-a-Submittal-Carlos Gimenez. pdf 10-00044x-a-Submittal-Carlos Gimenez-Proposed Declaration of Restrictive Covenants. pdf LOCATION: Approximately 1742 and 1744 SW 2nd Avenue, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0070 and 01-4139-008-0060 and 1737 and 1745 SW 2nd Court, and Two Unassigned City ofMiami Page 107 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Addresses, Having Folio Numbers 01-4139-008-0080 and 01-4138-001-5550 [Commissioner Frank Carollo - District 3] APPELLANT(S): John K. Shubin, Esquire, on behalf of 1701 Brickell Condominium, LLC and Peacock Development, LLC, Adjacent Property Owners APPLICANT(S): Miguel Diaz de la Portilla, Esquire, on behalf of Barim at Brickell, LLC, Wetbri Group, LLC and Ignacio and Lourdes Zulueta, Owners and AV Development Group, LLC, Contract Purchaser FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval with conditions* of the original request. ZONING BOARD: Approved the Special Exception with conditions* on March 22, 2010 by a vote of 6-1. See related File ID 10-00044x. *See supporting documentation. PURPOSE: The approval of this appeal will not allow a primary and secondary school. 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 PZ.2 was deferred to the Commission meeting scheduled for March 24, 2011, with a time certain for 5: 00 PM. Note for the Record: Please refer to item PZ.1 for minutes referencing item PZ.2. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO M.1 RESOLUTION 11-00138 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO INITIATE AN INCENTIVE PROGRAM EFFECTIVE MARCH 15, 2011 THROUGH APRIL 15, 2011, TO PROVIDE ANY MEMBER OF THE GESE PENSION PLAN IN THE DROP OR ELIGIBLE TO RETIRE, WHO ELECTS TO SEPARATE FROM CITY EMPLOYMENT BY APRIL 15, 2011, SHALL BE ALLOWED TO MAINTAIN HEALTH INSURANCE BENEFITS AT ACTIVE EMPLOYEES PREMIUM RATE FOR 5 YEARS. 11-00138 Legislation.pdf 11-00138 Legislation (Version 2)-03-10-11.pdf WITHDRAWN Chair Gort: Mr. Mayor, you have the floor. City ofMiami Page 108 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Mayor Tomas Regalado: Thank you very much, Mr. Chairman, Commissioners. I would like to withdraw the citywide issues, M.1 and M.2, and bring it back for your consideration with more details and analysis. And those are the items related to the DROP (Deferred Retirement Option Plan) plan and the incentive program that we discussed last Commission meeting. We would like to defer this to a future meeting and then bring it back with more details. Chair Gort: Thank you, sir. Mayor Regalado: If you -- Priscilla A. Thompson (City Clerk): I'm sorry. Excuse me, Chair. I'm sorry. Before we move, since these are on the agenda as resolutions, we're not taking the actions. Andl heard the Mayor say he wants them deferred to a later meeting -- oh, he's withdrawing them completely. Okay, thank you. Chair Gort: He's withdrawing them completely, and he'll bring it back at his -- Ms. Thompson: Thank you. Mayor Regalado: Right, right. That is the -- Ms. Thompson: Thank you. Mayor Regalado: -- we'll bring it back in a different way. And if you all want to hear the presentation of the budget or do you rather wait for the full board? Chair Gort: I'd rather wait for the full board so the -- Mayor Regalado: Okay. Chair Gort: -- so Commissioner -- Mayor Regalado: Fair enough. Chair Gort: -- Sarnoff and Carollo will be here. I think that's an item that all of us has to discuss. Mayor Regalado: Okay. Chair Gort: Okey-doke. M.2 RESOLUTION 11-00137 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO INITIATE AN INCENTIVE PROGRAM FOR MEMBERS OF THE FIPO PENSION PLAN EFFECTIVE MARCH 15, 2011 THROUGH APRIL 15, 2011, TO PROVIDE THAT ANY IAFF MEMBER IN DROP OR ELIGIBLE TO RETIRE, WHO ELECTS TO SEPARATE FROM CITY EMPLOYMENT BY APRIL 15, 2011, SHALL BEALLOWED TO MAINTAIN HEALTH INSURANCE BENEFITS ATACTIVE EMPLOYEES PREMIUM RATE FOR 5 YEARS; AND EFFECTIVE MARCH 15, 2011 ANY FOP MEMBER IN DROP OR ELIGIBLE TO RETIRE, WHO ELECTS TO SEPARATE FROM CITY EMPLOYMENT BY APRIL 15, 2011 SHALL BE ALLOWED TO MAINTAIN HEALTH INSURANCE City ofMiami Page 109 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 D4.1 11-00205 BENEFITS ATACTIVE EMPLOYEES PREMIUM RATE FOR 7 YEARS. 11-00137 Legislation.pdf 11-00137 Legislation (Version 2)-03-10-11.pdf WITHDRAWN Note for the Record: Please refer to item M.1 for minutes referencing item M.2. 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 END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM UPDATE ON THE CREATION OF UNIFIED CU/BTR ELECTRONIC APPLICATION PROCESS. 11-00205 Creation CU BTR Electronic Application Process.pdf DISCUSSED Chair Gort: Okay, we now go into the district. I think, Commissioner Suarez, you have -- Commissioner Suarez: Thank you, Mr. Chairman. This is an item thatl brought up a few months ago and l just wanted to bring it up. And it kind of relates to an earlier discussion that we were having about the vacant properties and code enforcement, et cetera. It's an issue that's ongoing. I'm going to continue to bring it up until we have what I feel is a satisfactory resolution. I think we've made some progress, which is -- and don't -- there's Mr. Korinis there, which is kind of -- if it's this Commission's will that this be given a priority, then the Information Technology director has indicated that he thinks that within six months -- or I'm sorry, by the summer, better said, there can be a program online where people can apply for their certificates of use and hopefully their business tax receipts without ever having to go to an office and that would take care of the first part. The second part is trying to put the burden instead of on the taxpayer, if you will, or on the business operator, if you will, to actually have to go and chase City ofMiami Page 110 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 after all of these different governmental entities to get the required inspections, that they're conditionally approved pending those bodies inspecting, with the City going and getting the DERM (Department of Environmental Resources Management) permission, which is the one that actually requires us to go outside the City ofMiami bureaucratically so that it makes the process completely streamlined. And then the third aspect being -- and ensuring that the mechanisms are in place in as are in other cities that are very efficient at doing this, in making sure that businesses are operating with their proper licenses. So that's -- you know, I'm going to keep bringing it up until we get to that point where it's up and functioning because I think this is a situation where I've had numerous complaints from residents that have said that it's taken them a year from the moment they went into a NET (Neighborhood Enhancement Team) office and filed for a BTU -- you know, BTR (Business Tax Receipt) or CU (Certificate of Use) to the moment they got it completed with all their permits and all those things. And l just think it's completely unwieldy. Chair Gort: I believe whatever you put together, it should have all the information and all the requirements. The biggest complaint that I receive from a lot of people who want to open up businesses, they will go, take the application, fill out the documents, come back and it's, oh, wait a minute, you're missing this other document. They'll go back, they'll look at the other document, they come back, wait a minute, there's a third or fourth document still coming up. In other words, when someone is going to go apply for a license, make sure that there's a list of all of the documentation necessary to get the permit 'cause we can't have that back and forth. It might be from one office to the next office and it's not communicating with each other, which is important. We also have the process that now they have to go to Metro -- to the Metro building and get the DERM -- approval from DERM. Somehow we have to bring all that together because it's becoming a problem to get a license in the City ofMiami -- Commissioner Suarez: And Mr. Chair -- Chair Gort: -- and we want to be business friendly. Commissioner Suarez: Absolutely. Andl think the model should be the way the State of Florida allows you to open up a corporation, which is that you're able to do it, pay the fee online and get it going online, and you know -- and it also solves a big, big problem that we have right now. And was talking to Mr. Min about it. We are currently processing) think 600 or something -- I forget what the exact number was that was given to me or maybe it was a NET official that told me. By creating this online system, the user becomes the processer because they're the ones that are processing the information and inputting it into the system, so instead of us having to take that information that's handwritten and processing it into the computer system, the user themselves [sic] are acting as a processer for that information which saves us time and it saves us expense, so I just think it's something that in the year 2010 [sic], you know, we should have. I mean, there's no doubt that we should have this technology available for our residents. Peter Korinis: Commissioner, Peter Korinis, chief information officer. As I had said when this first came -- you brought this up back in November -- I said we would look to get this done in the summer and we have already started to look at it and we -- Just to repeat quickly. Commissioner, I said we would get this done in the summer. We've looked at it. As you know, that process is principally right now manual and paper -oriented. Though we do collect the data and we have it in the systems, it's in a variety of our old Legacy systems, which we're in the process of replacing as well. But what we will do in fact is in fact automate the front end of that, as you suggest, putting up a web capable application where an applicant can come in, log in, and begin through that process, just as you described the State does with their incorporation and their businesses. And we believe we can have that done by the end of the summer. The one thing I will say is as you talked about the other topics, items two and three, as you described them, those are all related to the process. So we will automate the process as it's defined and streamlined, but certainly that front end part of it that you talked about we can accomplish. The City ofMiami Page 111 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 rest relating to DERM and the other applications and how IT (Information Technology) may help with that, I'm not sure that's defined as yet. Commissioner Suarez: No. I don't think expect -- I'm sorry, Mr. Chairman, ifI may. I don't think expect IT to solve the two and the three. I think it was only about the one. Mr. Korinis: I understand. Commissioner Suarez: The two and the three, I think, is more for -- three is whoever the inspectors are, that's if it's a fire inspector, that's the Fire Department. If it's a code enforcement inspector, that's a Code Enforcement person. But on the DERM side, you know, I think Mr. Toledo and have talked about two possibilities. One is to have a dedicated DERM person within the City. The other one is just to have, if that costs too much money, a runner. I mean, just to have whoever it is go -- one person go once a day to DERM and get all of those applications done, instead of putting the onus on a resident who doesn't know where DERM, who doesn't know how to find it, who doesn't know how to find parking, you know . Just we, who are the experts and who know how to deal with other governments because we are a government should be able to go and get it done fairly quickly for our residents and shift that burden from them. They pay us -- And by the way, that'll probably generate more revenue for us because it will -- people will see it as ease -- it's very easy to do. People want to comply with the law. They're not trying to, you know, violate the law. But when it takes a year to complete this process, there's no incentive for someone to battle it out with a government for a year to do something that's in the government's best interest. You know, they're trying to comply. They just -- they can't. They can't get replies. They're can't -- you know, they can't schedule things so -- Chair Gort: Now I'm not an expert in IT, but my understanding is that we spend quite a few million dollars in creating some software, new software. My understanding this new software was to be able to communicate with each other and to bring -- and bring all the information together. I think before you put this together you had to sit with all the departments directors and each with the Dade County and see how they can accomplish that requirement and put it all together. At the same time, the inspectors, when they receive -- if you send the application by e-mail (electronic) or whatever software we utilize, everyone should be able to get a copy if you get together with all the departments. I mean, that's my understanding. I'm not -- Mr. Korinis: Yes, sir, and we would do that. That's why I say the process comes first to figure out how the workflow is going to go, and then we will automate those pieces of it and pull data from various systems, new or old. Our problem has been that in the past the City of Miami's systems have been very stovepipe and they dealt with one department or one particular function. So then the automation has to be put in there to integrate that so that it becomes something the automation does and not something that paper has to move around. Chair Gort: I thought we had that integration already. Yes, sir. Commissioner Sarnoff: Mr. Chair. Mr. Korinis: Some has been integrated, but not all. Commissioner Sarnoff. Orlando, could you come up for a second? I'm just curious on a couple things with the CU, BTR, and then there's a County BTR, and then there's DERM. And again, CU is essentially the certificate of use, and that means that life safety issues are satisfied, fire exit, things like that, right? Orlando Toledo (Director, Building): With the CU, there's a number of inspections. Building goes out there. Fire goes out there. Code Enforcement goes out there. If it's a restaurant, Hotel and Restaurant needs to go out there, and then DERM needs to see it. And the DERM issue is a City ofMiami Page 112 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 requirement that Chapter 24 of the code of the County requires all municipalities to go ahead, and it's Chapter 24, andl have it in the office if you'd like it. I'll make you a copy. The issue with DERM is an issue of money in a sense of the minimum charge that DERM occurs [sic] on a -- on the public is $75. Commissioner Sarnoff. How much? Mr. Toledo: Seventy five. Now, with those $75, it's an architectural office, a lawyer's office, a engineer's office. As the use becoming dirtier, which is the way they qualify it, meaning it goes from an engineer's office to a doctor's office to a lab, to a factory, that charge becomes more and more and more. We don't have the ability, meaning Zoning and the Building Department doesn't have the ability to say, well if it's a thousand square feet of manufacturing, how much will DERM charge. That, we don't have. Then there's other permits that DERM issues. It issues a normal Miami -Dade Water and Sewer approval, then it issues an IW5 permit, which is the dirty issues. So it continues -- so if it goes to a marina, then it's a -- three permits are issued -- different permits are issued. So it's -- gas station, four permits are issued. It becomes very hard for us to be able to say it's going to cost you $1, 000. We cannot do that. Commissioner Suarez: Mr. Chairman. Chair Gort: Yes. Commissioner Suarez: Basically what you're saying think is that as the properties become more complicated, the DERM issue is not so simple. Mr. Toledo: Right. Commissioner Suarez: Okay. For simple properties, is there -- can we segment single -- you know, like simple properties like offices and things of that nature from the other ones and say note -- you know, on the Website, note, if your property falls into one of these categories, you will have to go personally to DERM and deal with this issue. Because I think you're also talking about a different level of sophistication of a person. If someone is doing a gasoline station, they're pretty sophisticated and they understand that DERM is a big part of whatever permits -- you know, their certificates of use, et cetera, et cetera. I think that type of person falls in a different category than the kind of a person who's just in an office, a lawyer, an accountant, whatever, whojust, you know, wants to get going, you know, a businessman whojust wants to start a business. Mr. Toledo: And Commissioner, you're absolutely right. as a matter of fact, that's something that Pieter Korinis andl have already talked. So there will be levels of who they need to see and who they do not need to see. So, I mean, the idea is that it will be there. Commissioner Sarnoff. And I'm just trying to get out -- I guess DERM charges whatever DERM determines the use is and if -- Mr. Toledo: Right. Commissioner Sarnoff. -- it's a dirty use, they charge more. And if there's a clean use, like a lawyer, I guess they charge less or a business. Then you said there's a -- and you said the CU includes code enforcement, a bunch of other people. The certificate of use is issued for how much money, or is that dependent on something? Mr. Toledo: It also depends on square footage and what it is. Commissioner Sarnoff. So are you paying predicated on what the cost is to the City ofMiami to City ofMiami Page 113 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 have all those people go out there? Mr. Toledo: Yes. Well -- Commissioner Sarnoff. Okay. Mr. Toledo: Is the question you're asking me, is the number that we charge the number that we should be charging for the number of people that go out there? Commissioner Sarnoff. Yeah. Mr. Toledo: Probably not. Commissioner Sarnoff. Probably not? Mr. Toledo: Right. And it's something that -- as a matter offact, when we went ahead through the budget last year, it was one of the things that we wanted to make sure that Zoning would hike up its prices because of the fact that, no, it does not. Commissioner Sarnoff. All right. So you have a CU that may or may not cover whatever it is your folks to go out there. Then you have a BTR as well, right? Mr. Toledo: Yes. Commissioner Sarnoff. And the B -- that's okay, I don't know ifI lose you just yet, but Diane [sic], you can come up too. So then you have a BTR that doesn't require anybody to go out there, right? Diana Gomez: Diana Gomez, Finance director. That's correct. The BTR is the tax that is paid in order -- the business tax receipt that is paid in order to conduct business within the City. Chair Gort: After you've been in business. Ms. Gomez: They need to make sure that the CU has already been done and that they have any licensure that they may need with the state. Commissioner Sarnoff. So that's not commensurate upon any City service, just the fact -- Ms. Gomez: Correct. Commissioner Sarnoff. -- it's a tax. Ms. Gomez: That is correct. Commissioner Sarnoff. So a non -taxing entity is allowed to establish a tax? Okay. You don't have to answer. Then you have the County. Then the County charges us a BTR, correct? Mr. Toledo: Yes. Commissioner Sarnoff. Now, how many people from the County will go to Commissioner Suarez's law office to check out what he's doing? Mr. Toledo: Zero, I believe. Commissioner Sarnoff. So they get to tax him as well, right? City ofMiami Page 114 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Chair Gort: Yes. Mr. Toledo: Yes. Commissioner Sarnoff. So again, a non -taxing entity gets to tax a business? Mr. Toledo: Yes. Commissioner Sarnoff. So let me see ifI get this right. A CU, which is for life safety issues, is commensurate and paid based upon a number of different human beings from the City ofMiami ensuring -- and I'm going to use you euphemistically -- Commissioner Suarez's office is safe, secure, and properly functioning, proper bathrooms, you name it. Then he has to get a DERM permit. 'Cause he has a clean use, it's going to be around about $75. He's going to pay that. Is DERM going out there? Mr. Toledo: DERM -- the code says that they have two years to go out there and visit. Are they really going out there --? Commissioner Sarnoff. But they're probably not. Mr. Toledo: Probably not. Chair Gort: They don't. Commissioner Sarnoff. Okay. Then you're going to pay a BTR to the City ofMiami that is a tax, you've just described it to me, that a tax -- a non -taxing entity is taxing. There must be a provision I'm sure in the code, Madam City Attorney -- Maria J. Chiaro (Deputy City Attorney): Florida Statute 205. Commissioner Sarnoff. -- 205 allows you to do that. Then you're going to get a second tax from a non -taxing entity that -- Is that also a Florida Statute 205? Ms. Chiaro: I -- they're telling me no, but I haven't looked at it recently. They're saying -- I mean, excuse me, they're saying yes. Commissioner Sarnoff. So Florida Statute 205 allows for two, three, four, five, ten, fifteen taxing entities to tax the exact same entity as many times as it want despite the fact it's not receiving any services from that taxing entity? I'm sorry. What do I get from the County? Ms. Chiaro: The concept is that there is not -- the tax is not permitted to be charged if no service is being received. Commissioner Sarnoff. What service does Commissioner Suarez get from the County? Ms. Chiaro: Well, I don't know but -- Commissioner Sarnoff. Police, fire? Ms. Chiaro: -- the tax is based on the premise that a service is being provided. Whether one is or not is -- Commissioner Sarnoff. Oh, okay. Thanks for explaining it to me. I was always curious how you could pay a CU, a DERM, a BTR, and a BTR. City ofMiami Page 115 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Commissioner Suarez: Welcome to government. Commissioner Sarnoff. Thank you. Andl apologize, Orlando. I just wanted -- I knew you knew most about these things andl was -- Commissioner Suarez: Don't worry. Our residents -- Commissioner Sarnoff. -- just curious how you could -- Commissioner Suarez: -- wonder the same thing. Commissioner Sarnoff. -- double tax and I'm just curious what services are being provided for the double tax. Chair Gort: The County process, as I understand, is you go to DERM, you pull a little ticket, you got to sit there, wait until they take care of you. Then you give them the address, they go to the computer, 75, 25, 250 without even looking at the property. Or if the previous use was the same use, they still have to pay for connection. I mean, I've asked about two or three month ago that we should look into that and see if we really have to go through that whole process, andl think we need to 'cause it's ridiculous. And now, one of the biggest problems when you go apply for the City license, you have to go to Zoning. Now, why do you have to go to Zoning? Why can't you do the same thing in the computer by looking at the address? If you're looking at your zoning book, you know if it's in compliance with zoning or not. Mr. Toledo: Ideally when the system is finally up, that will be apart of what the system will do, yes. Chair Gort: All right. Mr. Toledo: Just to put something else on the record in addition regarding the inspections. Sometimes the CU is ready to be inspected. Some other times a person comes in for a CU, but it's not ready to be inspected, so -- Do you under --? Let's suppose a restaurant, they will be coming for a CU to start the process because if not, they cannot -- they can't get their liquor license, but their tables are not in so fire cannot inspect it. So that's something that happens as the process goes. Commissioner Suarez: But I think what we're saying here is to create a system that maybe some kind of businesses are exempt from because they're a little bit too unique and they require a little bit of special attention. It would make life easier for you as well, for your -- and for NET. It would make life easier for everyone because you could standardize a large portion of them, probably the vast majority of them. And then, you know, with the resources that we have, we could give more -- we have more time to get more attention individually to those type of scenarios, who are, by the way, sometimes that complain too. They say, you know, oh, it's taking too long, you know, whatever. And so, you know, it would be good from a perspective of the time that you have to dedicate to these things, instead of having to worry about processing these mundane, you know, kind of requests constantly over and over again to the tune of several hundred that you get backed up, you know, you could be focused on the ones that -- you know, getting those businesses that are bigger businesses that are dirtier businesses from the DERM prospective, you know, getting those processed faster. Mr. Toledo: Okay. Commissioner Suarez: And you could even put on the Web site -- by the way, you can collect the money for DERM. You could say, you know, this is the certificate of use, this is the BTR, you City ofMiami Page 116 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 NA.1 11-00236 know, and this is the DERM, and you collect the money and then you can issue -- you know, you can make that payment. But specify it on the Web site so they don't think we're the ones that are charging them that $75. Chair Gort: No, they do. But then we get the certificate and then we go back to the City and show that we -- that's it. Well, hope it gets done soon. Any other questions? Commissioner Sarnoff? Commissioner Sarnoff.. No. I'm just reading about who can tax who and why and for what reasons, and there's got to be a proration. I'm just curious, we prorate -- Do we prorate the air that we breathe? Some of it's County, some of it's City. But ifI live on an all -City road and I'm not using a County road, I don't understand how the County gets to tax me. And according to Section 205.032, they shouldn't be allowed to. I'm just curious why somebody hasn't challenged this. END OF DISTRICT 4 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM MAYOR REGALADO ANNOUNCED A SCHEDULED VISIT BY THE STATE OF FLORIDA'S LIEUTENANT GOVERNOR, JENNIFER CARROLL, TO OCCUR TODAY AT MIAMI CITY HALL AROUND 2:30 PM. DISCUSSED Chair Gort: Mr. Mayor. Mayor Tomas Regalado: Just a brief announcement. We are expecting a courtesy visit today from Lieutenant Governor Jennifer Carroll, and according to her office, she would be here around 2:30. So I was thinking that if you're in session, that maybe we can bring the lieutenant to -- Chair Gort: Sure. Mayor Regalado: -- say hello to the City Commission and, you know, engage in a good conversation. Chair Gort: Can we ask her a question? Mayor Regalado: Yes. Chair Gort: Okay, thank you. NA.2 DISCUSSION ITEM 11-00238 COMMISSIONER DUNN ACKNOWLEDGED THE PRESENCE, IN THE City ofMiami Page 117 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 MIAMI CITY COMMISSION CHAMBERS, OF LEADERS FROM THE COMMUNITY, AND FAMILY MEMBERS OF THE LATE TRAVIS MCNEIL AND KAREEM WILLIAMS. DISCUSSED Commissioner Dunn: Before -- Mr. Chair -- Chair Gort: Yes. Commissioner Dunn: -- I just wanted to -- I would be remiss ifI did not at least acknowledge the presence of representatives from PULSE (People United to Lead the Struggle for Equality) and the president, Reverend Anthony Tate, and the executive director, Minister Nathaniel Wilcox, and some of the families of the victims who were shot and killed by the police. I just wanted to acknowledge their presence. They came out today not to speak in the chambers, butl did want to acknowledge their presence. I believe I know the McNeil family is here. I don't know who else may be here, but I did want to acknowledge their presence. Chair Gort: Thank you. What time you guys like to come back, 2: 30 or 3? Commissioner Dunn: Your call. Commissioner Sarnoff.. 2: 30? Chair Gort: You guys want to be here by the Governor (UNINTELLIGIBLE) 12: 20: 37? Commissioner Sarnoff.. What time is the Governor --? Commissioner Dunn: Oh, he said -- Chair Gort: The Governor's going to be here at 2: 30. Commissioner Dunn: -- 2: 30 when the Lieutenant Governor will probably be -- so 2: 30 will be fine. Commissioner Sarnoff.. 2: 30? Chair Gort: 2: 30. Commissioner Dunn: Yes. Commissioner Sarnoff.. Okay. Commissioner Dunn: All right. Chair Gort: Thank you. We'll recess for lunch. NA.3 DISCUSSION ITEM 11-00237 DISCUSSION BY CHAIR GORT REGARDING THE PREVENTION OF COPPER WIRE THEFT. DISCUSSED Chair Gort: I have three pocket items. One of them is as we drive around the City today or to downtown or anywhere, a lot of times we see the lights completely out. And when you call FP&L (Florida Power & Light) or you call the Parks Department or Public Works, they'll tell you the City ofMiami Page 118 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 copper wire was stolen. That's why we don't have lights. We discussed here about two month ago creating an ordinance to deal with the scrap metal processing, and my understanding is I've been told the County already passed one first reading. They're going to go into the second reading. My understanding is we can comply with the County ordinance. In other words, once the ordinance is adopted by the County, we can enforce that within the City ofMiami. Maria J. Chiaro (Deputy City Attorney): If that's a question to me, the answer is the ordinance that is -- the answer is yes, the City can enforce, and in fact, the ordinance as enacted by the County requires that the City have the same regulations in place as that which were -- are effect in the County. So it applies throughout the County and it is enforced by the local law enforcement, whoever has jurisdiction in the area. Chair Gort: I don't know if you all received a copy of the County amendment, but it's -- I mean, of the ordinance, but it's a very strict one. Yes, sir. Commissioner Dunn: Mr. Chairman, I certainly would be inclined to support this on the City's side. I have a major problem in District 5 with the copper being stolen as well, so I would be in any shape, form or fashion supportive of anything that might serve as a deterrent. Chair Gort: Okey-doke. Commissioner Sarnoff.. I love supporting laws, don't get me wrong. I'm a lawyer, and the more laws you write, gosh, the more I guess you need lawyers. I'm not sure passing a law will really do much. As a matter of fact, I met, through Commissioner Suarez, the day that unfortunately Officer Castillo and Officer Harwood were killed, your friend -- I don't remember his name. I know (UNINTELLIGIBLE) 4: 05: 04 know him off the top of your head -- who happens to be in charge of that actual function for the County, which is the theft of copper, and they actually have a task force that's addressing the theft of copper. I don't know what passing a law is going to do other than creating a layer of another law that we can enforce. It just comes down to -- trust me, you have a law on the book right now that would cover somebody stealing the insides of a lighting pole. And it really comes down to, if there's a market, you know, from these salvage yards which tend to be on the river and if these salvage yards do not care where they get the copper from and they just buy scrap copper, there's a market -- there's going to be a set of people that are always willing and able to tear -- to steal the copper out of any lighting instrument that we put up. And it's happened around the PAC (Performing Arts Center). It's happened time and time again. When you were there, Commissioner Suarez, at one of the presentations, as we were in there -- and it was captured on camera -- so there were about a thousand people in that particular venue, so it was pretty active. There was somebody actually stealing the wire out of one of the poles and that was at 6 or 7 o'clock at night, so they're pretty bold about what they do. And as long as there's a market for it, you're going to have people stealing copper from poles. I think what we need to do is support law enforcement and support their endeavors at preventing the marketplace from occurring. And it's on the river. They know where it is. They know the people that are doing it. I think it's actually -- actually, I think -- I don't even know if you need to amend any laws. I think we need to support law enforcement's efforts at closing down the marketplace. Chair Gort: No. I agree with you a hundred percent, but I think if we make it more difficult for these people to be able to sell the product or the stolen goods, it might make them change their mind and -- Ms. Chiaro: Maybe I could just add that the law that the County has put in place makes it much more difficult for a buyer and a seller to -- Chair Gort: Right. City ofMiami Page 119 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 NA.4 11-00239 Ms. Chiaro: -- deal in these products. And it makes the requirements for registration and for who is selling and who is buying pretty stringent, much like the pawn shop ordinances. Chair Gort: And no cash payment. Ms. Chiaro: And by doing -- by putting those stringent requirements in place, it ties into the state statute that provides for a criminal offense in dealing in this types of materials, so it's kind of a two-step process. Once the stringent requirements are put in place, then it makes it easier for law enforcement to track the criminal trans -- dealing in these products. Chair Gort: Thank you. Any questions or --? DISCUSSION ITEM DISCUSSION BY CHAIR GORT REGARDING AN INCREASE IN INSURANCE CLAIMS AND LIABILITIES INCURRED BY THE CITY OF MIAMI, AND WHAT CAN BE DONE TO REDUCE THESE LIABILITIES. 11-00239-Submittal- D 1 Offi ce. pdf DISCUSSED Direction by Chair Gort to the Administration to report back to the Commission on the factors contributing to the significant increase in the City of Miami's insurance claims and liabilities over the last few years, further directing the Administration to provide a breakdown of insurance claims and liabilities incurred by each department. Chair Gort: My second pocket item is the -- in looking at the ways to save the expenditures for the City ofMiami, we looked at all the different options. We're doing an analysis; we have not received all the information on the City ofMiami claims liability. And you all have a copy. And the claim liability from 203 -- 2003 went from 65 million to $2, 937 [sic] million. At one time we used to have safety personnel in our offices in here and each department would have a safety personnel individual to make sure that they comply. One of the questions that I've asked in the past is -- andl also asked for the breakdown of the liability that we have, claims of sidewalks, and from the different departments. And whenever we have something that we have to settle with, we need to find out if that department took the right steps so that could not occur again, and this is one of the reasons I'm bringing this back in here. I have not received the information of the -- all the total per department. That's something I would like to look into, but I'd like for the Administration to look into it. Maybe they can explain today, if not, later on, but why the liability have gone up so much just in a few years, and what we can do to reduce all this. Yes, sir, Gary. Gary Reshefsky (Director): Commissioner, Gary Reshefsky, Risk Management Department. I'm also joined with Calvin Ellis, who's our assistant director, and Diana Gomez is here as well, the Finance director. And you hit on an excellent point, which I appreciate you bringing up. It's more than just what the Risk Management Department is doing. It's how do we get this message of loss prevention throughout all of our departments and make our departments accountable . I'm going to turn this over to Calvin Ellis for -- to give you a few minutes of an overview of the safety initiatives that we have in the City, but -- and then I'll close with some other comments that I'd like to share with you. Calvin Ellis: Calvin Ellis, assistant director, Risk Management. Yeah, you are right. Our liabilities associated with our accidents, our insurance -related expenses have gone up substantially. The reason for this is that a lot of the older claims, we don't have the ability to close those because, for example, the workers' compensation statute, prior to 2003, we're talking about owning those claims for life, and a lot of those claims are very expensive claims. They City ofMiami Page 120 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 involve the heart and lung bill. And if you look at those liabilities alone, we're probably talking somewhere in the neighborhood of $100 million in liabilities for those claims. We've been unable to close a lot of those pre-2003 claims because of the outstanding statute. The Workers' Compensation statute has undergone -- Commissioner Sarnoff. I'm sorry. I don't mean to cut you off Mr. Ellis. But to the average person on the street, I don't think they know what the heart and lung means. I mean, I know they know what it does, but I don't think they know what the heart and lung bill means. Mr. Ellis: Sure. Commissioner Sarnoff. Could you just tell them what that means? Mr. Ellis: Absolutely. This is a bill that was enacted to provide a level of presumption for first responders in that if they successfully pass the pre -employment physical, then any conditions they might incur during their course or scope of work would be presumed to be work -related, and this is primarily for our firefighters, police, correction officers, typically first responders. Commissioner Carollo: It's a state law. Chair Gort: Okay. Commissioner Sarnoff. Right. And tell them it's a state law. Commissioner Carollo: State statute. Commissioner Sarnoff. State statute. Mr. Ellis: Right, it's a state statute. Each state has their own particular statute pertaining to that. Chair Gort: And this was -- Commissioner Carollo: I got his back. Chair Gort: When was this started? Mr. Ellis: When was this actually enacted? Chair Gort: Enacted. Mr. Ellis: I mean, in some states, as early as, you know, the late 1940s. Chair Gort: Here in the state ofFlorida. Mr. Ellis: In the state ofFlorida, I can't say specifically, but we can research that. Chair Gort: Okay, because that's a major -- Mr. Ellis: It was actually expanded in 2001, 9/11, to incorporate some of the additional first responders, like the police and correction officers. Chair Gort: Okay, thank you. But I still would like the breakdown by departments. And every time we've been sued for any faults of any of those one departments. They don't have -- it doesn't come out of the budget. It comes out of another budget, so it doesn't affect them. So I'd like to City ofMiami Page 121 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 get the breakdown on that andl would like for the Administration to really look into it, put a lot more safety and making sure that any department, if they have an excess, we can go to them and ask them what are they doing to avoid it in the future. Tony E. Crapp, Jr. (City Manager): Yeah. Mr. Chair, we'll make sure that the Commission gets that information, and we'll come back with an action plan to address that particular issue. Chair Gort: Thank you. Gary. Mr. Reshefsky: Thank you, Commissioner. And Calvin hit on what the largest driver is of our cost. It's the heart and lung bill, andl think that's an area we really need to focus on. And I've been spending some time -- I've spoken to some of the Commissioners and the Mayor about this and the Administration, and there's some really interesting things we can do to change our workplace so that it rebuts the presumption that being a first responder causes heart ailments by doing things like making exercise and wellness and good eating a regimen that's important to the employer and to the employee. That's how we can save a lot of money. But we also have two safety people on our staff. There are safety liaisons in all of the departments and we are trying to work in a much more cohesive way to get that accountability. The other thing that we're doing, March 22, we're speaking to the police chiefs staff and we're trying to let him know that our department is a resource to them in terms of prevention and it's some first steps that think are very important. Chair Gort: Okay. Commissioner Sarnoff. Julie O. Bru (City Attorney): Mr. Chair? Chair Gort: I think Commissioner Sarnoff Commissioner Mr. Reshefsky: Yeah. These claims are the reserves, as well as what would be actually paid on those claims, so what we think the lifetime of those claims will be. Commissioner Sarnoff.. But the reservoir, the entire bucket of all these claims are all tort claims? Mr. Reshefsky: No. Actually, they're not. And Diana -- Commissioner Sarnoff.. Including contract claims? Mr. Reshefsky: Right. They're not all -- the claims on that list are not all -- Commissioner Sarnoff.. Just the claim. Mr. Reshefsky: -- Risk Management -- Commissioner Sarnoff.. Is anybody that claims any liability against the City ofMiami. Mr. Reshefsky: So -- Commissioner Sarnoff.. So this includes breach of contract. This includes workers' compensation. This includes a slip -and -fall on the sidewalk. This includes a police cruiser hitting somebody accidentally. This includes, I guess, a 1983 action against the City for City ofMiami Page 122 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 somebody claiming a police officer hurt them. This includes civil rights claims. This is every claim under the sun. Mr. Reshefsky: Correct. Commissioner Sarnoff.. And you're saying of the present 209 [sic] claims, 137, 455, 000, 100 million of that is accountable to the heart and lung issue? Mr. Reshefsky: That's our belief. Yes, sir. Commissioner Sarnoff.. Okay. Chair Gort: That's pretty large. Commissioner Sarnoff.. That's huge. Chair Gort: That's huge, yes. Ms. Bru: Mr. -- Chair Gort: And -- yes. Ms. Bru: I just wanted to say on that note that there is a Senate bill that has right now that's being considered by the Legislature which would create a task force on public employee disability presumptions, and they're going to actually be looking at this issue. The task force has to address data related to the operation of that statutory disability presumption, how this presumption is dealt with in other states, and proposals for changing it. And the task force would be reporting to the Legislature for perhaps legislative action by January 2012. So this issue is being -- at least it's in a bill that's making its way through the Senate right now. Mr. Reshefsky: And in addition to what the City Attorney said, we made this a priority on our legislative agenda with our lobbyist team as well. Chair Gort: Okay. [Later...] Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Going back to the item previously to this one. I just want to ask our City Attorney, does our intergovernmental affairs liaison know about that bill that's going through 'cause this is the first I've heard of it? Ms. Bru: Actually, I have my own intergovernmental liaison affairs person in my office that keeps track of the Legislature and what's happening. But you can ask Kirk. You know, I know that Kirk keeps everybody in the loop too about what's happening, but this is something that my own person brought to my attention. Vice Chair Carollo: Well, I think I'm going to have to get together with your intergovernmental liaison person 'cause this is the first I've heard of it. So maybe I need to get one for my office, too. I don't know. Thank you. Chair Gort: Do I have a motion to adjourn this meeting? City ofMiami Page 123 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Commissioner Sarnoff. So move. Vice Chair Carollo: Second. Chair Gort: It's been moved and second. Okay. Commissioner Carollo: Thank you. NA.5 DISCUSSION ITEM 11-00240 DISCUSSION BY CHAIR GORT REGARDING THE PROCUREMENT PROCESS FOR RFQ 261235 "INSURANCE BROKERAGE & RISK MANAGEMENT CONSULTING SERVICES". DISCUSSED Chair Gort: And my third item is -- my third question, which is -- if you all recall, today we passed a resolution where we accepted the four different agencies to provide health services to -- health insurance. And the Manager has the selection and they're going back and forth and get the one that will give the best price. I'd like to see why we don't have the same thing in property and casualty. Kenneth Robertson (Director): Good afternoon. Kenneth Robertson, Purchasing Department. The subject solicitation is currently under the cone of silence, but I can provide a brief update in terms of what happened with this particular procurement. Request for qualifications 261-235 for insurance brokerage and risk management consulting services was advertised by the Purchasing Department on January 14 of this year. On Friday, February 11, the evaluation committee that was appointed by the City Manager convened and reviewed the qualifications of all the submittals. The committee requested additional clarification information from two of the proposers, but upon receipt of that clarification information, the committee qualified all three proposers for both categories. On February 24, the committee chairman and City ofMiami assistant director of Risk Management, Calvin Ellis, signed the committee's recommendation memo to the City Manager and currently that recommendation memo is in the City's Manager's office and has neither been approved nor rejected at this time. Chair Gort: Okay. So cone of silence, we can't discuss this. Julie O. Bru (City Attorney): The Commission is prohibited from discussing with staff the solicitation. The posture of the solicitation is appropriate for discussion. I mean -- Mr. Robertson: Correct. Ms. Bru: -- which is what he has done. Chair Gort: Now my understanding, this is going to be -- it's in the Manager's office to be signed, the recommendation by the Manager's office, and you -- Mr. Robertson: Correct. The RFQ (Request for Qualifications) that was on today's agenda didn't need claming information, and so we were able to meet the agenda deadline. This particular RFQ needed some follow-up communications with the proposers and that prohibited us from putting it on today's agenda. Chair Gort: And you're going to have three different proposals? Mr. Robertson: We have three proposers that submitted, yes. City ofMiami Page 124 Printed on 4/6/2011 City Commission Meeting Minutes March 10, 2011 Chair Gort: And the -- it's going to work the same way with the health insurance? Mr. Robertson: Correct. The procurement process was identical to the health benefits RFQ today. Chair Gort: Okay. So that's going to come back to us then? Mr. Robertson: Yes. Chair Gort: Okay. Thank you. Any questions? Commissioner Dunn: No. I did -- I mean, we will address it when it's brought back to us, but I did have some concerns about the insurance in terms of the deductibles. It'll come back to us so Chair Gort: It'll come back to us when they are ready to -- Commissioner Dunn: Yeah. Chair Gort: -- and we can ask more definite questions. We're out the cone of silence then. Commissioner Dunn: Yeah. Chair Gort: Okay. ADJOURNMENT A motion was made by Commissioner Sarnoff, seconded by Vice Chair Carollo, and was passed unanimously, to adjourn today's meeting. City ofMiami Page 125 Printed on 4/6/2011