HomeMy WebLinkAboutCC 2011-04-14 MinutesCity of Miami
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Meeting Minutes
Thursday, April 14, 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 II, Commissioner District Five
Tony E. Crapp Jr., City Manager
Julie O. Bru, City Attorney
Priscilla A. Thompson, City Clerk
City Commission
Meeting Minutes April 14, 2011
CONTENTS
PR - PRESENTATIONS AND PROCLAMATIONS
MV - MAYORAL VETOES
AM -APPROVING MINUTES
CA - CONSENT AGENDA
PH - PUBLIC HEARINGS
EM - EMERGENCY ORDINANCE
SR - SECOND READING ORDINANCES
RE - RESOLUTIONS
BC - BOARDS AND COMMITTEES
DI - DISCUSSION ITEMS
ES. EXECUTIVE SESSION
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.
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Meeting Minutes April 14, 2011
9:00 A.M. PRESENTATIONS AND PROCLAMATIONS
PR.1
11-00331
PRESENTATION
Honoree Presenter Protocol Item
Water Conservation Mayor Regalado Proclamation
Rasha Cameau
Commissioner Dunn Certificate
of Appreciation
11-00331 Protocol Items.pdf
PRESENTED
1) Mayor Regalado presented a proclamation in recognition of Water Conservation Month,
recognizing the importance of clean and sustainable water resources which are vital to
Florida's environment, economy, and quality of life.
2) Commissioner Suarez presented a proclamation in commemoration of the heroism and
sacrifice displayed by Assault Brigade 2506 during the Bay ofPigs invasion on April 17, 1961;
wherein, for three consecutive days, the 1,500 soldiers of Assault Brigade 2506 held the
beachhead at the Bay ofPigs until ammunition ran out; therefore, it is just and appropriate to
commend these patriots for remaining steadfast in their determination to stay vigilant regarding
the exercise of liberty in their homeland where they seek to establish a democracy that values
individual freedoms and promotes the general welfare of the people.
3) Commissioner Suarez presented Certificates of Commendation to the Special Victims Unit of
the City ofMiami Police Department, applauding the Unit's diligence, hard work, and
dedication to reducing crime in our community by quickly apprehending and prosecuting
violent sexual battery offenders, resulting in a dramatic reduction of reported assaults
throughout the City.
4) Commissioner Suarez presented Certificates of Commendation to the City ofMiami Police
Department's Robbery Unit, Tactical Robbery Unit, and Felony Apprehension Team,
commending their diligence, hard work, and dedication to reducing crime in our community by
quickly apprehending and prosecuting robbery offenders, resulting in a dramatic reduction of
reported robberies throughout the City.
5) Commissioner Dunn presented a Certificate of Appreciation to Christine Octave, paying
tribute to Ms. Octave's 29 years of excellent work performance, and high level of
professionalism in a City ofMiami career path that has included service in the Police
Department and Solid Waste Department; the City ofMiami applauds her outstanding
commitment and work ethic and wishes her continued success.
6) Commissioner Dunn presented a Certificate of Appreciation to Rasha Cameau, paying
tribute to Ms. Cameau's excellent work performance, and high level of professionalism in a City
ofMiami career path that has included service as Facility Manager of the Little Haiti Cultural
Center, Administrator for the Neighborhood Enhancement Team in the District embodying
Little Haiti, and Administrative Aide in the Office of former Mayor Joe Carollo; the City of
Miami honors her outstanding community work and outreach within the City and wishes her
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Meeting Minutes April 14, 2011
continued success.
Chair Gort: At this time we're going to have proclamations. Welcome, Commissioner Dunn.
Commissioner Dunn: Thank you, sir.
Presentations made.
INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez
and Commissioner Dunn II
On the 14th day of April 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 9:35 a.m., recessed at 12:16p.m.,
reconvened at 2: 45 p.m., recessed for the Executive Session at 2: 46 p.m., reconvened from the
Executive Session at 3: 51 p.m., recessed at 4: 09 p.m., reconvened at 4.22 p.m., and adjourned
the meeting at 6: 07 p.m.
Note for the record: Commissioner Dunn entered the chambers at 9: 37 a.m.
ALSO PRESENT:
Julie O. Bru, City Attorney
Tony E. Crapp, Jr., City Manager
Priscilla A. Thompson, City Clerk
Chair Gort: (INAUDIBLE) meeting of the City ofMiami Commission. With me, the members
of the City Commission, Cochair Frank Carollo, Commissioner Marc Sarnoff, Commissioner
Francis Suarez, and myself W fredo Gort, Chairperson. Also on the dais we have Tony Crapp,
Jr., City Manager; Julie O. Bru, the City Attorney; and Priscilla A. Thompson, City Clerk.
This meeting will be opened with a prayer by Commissioner Sarnoff, and we'll have the pledge
of allegiance by Vice Chairman Carollo. In addition, in celebration of National Poetry Month,
we will open the Commission meeting with a poem being read by Commissioner Suarez and
closing the meeting with a poem being read by Commissioner Dunn.
Invocation and pledge of allegiance delivered.
Chair Gort: Commissioner Suarez.
Commissioner Suarez: Thank you, Mr. Chairman. I guess -- I have two, but I guess I'll choose
one of the two.
Vice Chair Carollo: You can do two.
Commissioner Suarez: I can do two?
Chair Gort: You can do two.
Commissioner Suarez: Okay. Well, hey. Okay, great, then I'll do both.
Chair Gort: Do two.
Commissioner Suarez: One of them is the poem "Eldorado" by Edgar Allan Poe. And the
poem goes "Gaily bedight, A gallant knight, In sunshine and in shadow, Had journeyed long,
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Singing a song, In search of Eldorado. But he grew old - This knight so bold - And o'er his
heart a shadow Fell as he found No spot of ground That looked like Eldorado. And, as his
strength Failed him at length, He met a pilgrim shadow - "Shadow," said he, Where can it be -
This land of Eldorado? " "Over the mountains Of the Moon, Down the Valley of the Shadow,
Ride, boldly ride," The shade replied - `If you seek for Eldorado! " And the other one is a
poem -- I think it's been publicized recently in a movie, and the poem's name is `Invictus. "
"Out of the night that covers me, Black as the Pit from pole to pole, I thank whatever gods may
be For my unconquerable soul. In the fell clutch of circumstance I have not winced nor cried
aloud. Under the bludgeonings of chance My head is bloody, but unbowed. Beyond this place
of wrath and tears Looms but the Horror of the shade, And yet the menace of the years Finds,
and shall find, me unafraid. It matters not how strait the gate, How charged with punishments
the scroll. I am the master of my fate: I am the captain of my soul. "
Chair Gort: Thank you, Commissioner.
Commissioner Suarez: Thank you, Mr. Chairman.
MAYORAL VETOES
NO MAYORAL VETOES
Chair Gort: At this time, do we have any vetoes?
Priscilla A. Thompson (City Clerk): No, sir, we do not have any mayoral vetoes.
APPROVING THE MINUTES OF THE FOLLOWING MEETING:
Motion by Vice Chairman Carollo, seconded by Commissioner Sarnoff, to APPROVED
PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
ORDER OF THE DAY
Chair Gort: Do we have any -- motion for the minutes. Do we have any minutes?
Vice Chair Carollo: I make a motion for -- to approve the minutes of the March 10, 2011
meeting.
Chair Gort: Okay. There's a motion. Is there a second?
Commissioner Sarnoff. Second.
Chair Gort: Second. Any discussion? Being none, all in favor, state it by saying aye."
The Commission (Collectively): Aye.
Priscilla A. Thompson (City Clerk): Thank you.
Chair Gort: Thank you.
END OF APPROVING MINUTES
Chair Gort: We will now begin the regular meeting. The City Attorney will state the procedure
for the meetings [sic].
Julie O. Bru (City Attorney): Good morning, Mr. Chair, members of the Commission, Madam
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City Clerk, Mr. Manager, Mr. Mayor. Any person who's a lobbyist must register with the City
Clerk before appearing before the City Commission. A copy of the Code section about
lobbyists is available in the City Clerk's office. The material for each item on the agenda is
available during business hours and at the City Clerk's office and online at
www.miamigov.com. Anyone who wishes to appeal any decision made by the City Commission
for any matter considered at this meeting may need a verbatim record of the item. No cell
phones or any kind of noisemaking devices. Please silence them now. Any person making
offensive remarks or who becomes unruly in the Commission chambers will be barred from
further attending Commission meetings. Any person with a disability who requires auxiliary
aids, please contact the City Clerk. Notify her now. And the Chair will announce when the
meeting will break for lunch and so forth and so on. We also have scheduled at this meeting an
executive session that is scheduled to commence sometime after 2 p.m.
Chair Gort: Okey-doke. Thank you.
[Later..]
Chair Gort: At this time, we have any agenda -- any item wants to be pulledfrom the agenda?
Tony E. Crapp, Jr. (City Manager): Yes, sir, Mr. Chairman and members of the Commission.
The Administration requests to withdraw item SR.1 and item RE.1.
Chair Gort: SR.1 and?
Mr. Crapp: SR.1 and RE.1.
Chair Gort: RE.1.
Mr. Crapp: We also request that CA.4 be pulled for a clarification.
Chair Gort: Okay. Any of the Commissioners would like to pull any items?
Commissioner Dunn: Mr. Chairman.
Chair Gort: Yes.
Commissioner Dunn: CA.1, would like to defer that.
Vice Chair Carollo: Defer?
Commissioner Dunn: Yes.
Chair Gort: Can we make a motion on all together or you want to make one on the --?
Vice Chair Carollo: Without the items that are pulled.
Priscilla A. Thompson (City Clerk): We can do it all together. But on the deferral, do you have
a date in mind, sir?
Commissioner Dunn: The next possible meeting.
Ms. Thompson: That would be the 28th, April.
Commissioner Dunn: That's fine.
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Chair Gort: Twenty-eighth. And your items, when would you like to bring them back, Mr.
Manager?
Mr. Crapp: Oh, they're withdrawn.
Vice Chair Carollo: They're withdrawn.
Chair Gort: They're withdrawn.
Mr. Crapp: Yes, sir.
Vice Chair Carollo: I make a motion for the withdrawals and the deferrals.
Chair Gort: There's a --
Commissioner Sarnoff. Second.
Chair Gort: -- motion. Is there a second?
Commissioner Sarnoff. Second.
Chair Gort: Is any discussion? Being none, all in favor, state it by saying aye."
The Commission (Collectively): Aye.
Chair Gort: Okay.
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Yes.
Vice Chair Carollo: I would like to pull CA.5.
Chair Gort: CA.5. Anyone else? Okay. Do I have a motion to approve the --?
Ms. Thompson: Excuse me. Before we move on -- I'm sorry -- Chair, I do have in my hands a
substitution for CA.11. And if there is a substitution, that would need to be pulled for the
discussion as well, CA.11.
Vice Chair Carollo: Okay, I pull CA.11 also.
Ms. Thompson: Okay.
Chair Gort: Okay. So CA.4, CA.5, and CA.11.
Commissioner Sarnoff. Second.
Chair Gort: Okay, it's been moved --
Vice Chair Carollo: We don't need a motion.
Chair Gort: We don't need a motion. We'll bring it back.
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CONSENT AGENDA
CA.1 RESOLUTION
11-00221
Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID
Waste RECEIVED JANUARY 26, 2011, PURSUANT TO INVITATION FOR BID NO.
257238, FROM SMORACY, LLC, THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER, FOR THE PROCUREMENT OF ONE (1)
COMMERCIAL GRINDER, FOR THE SOLID WASTE DEPARTMENT, IN THE
AMOUNT OF $391,883.75; ALLOCATING FUNDS FROM ACCOUNT CODE
39000.212000.664000.0000.00000.
11-00221 Summary Form.pdf
11-00221 Award Recommendation Form.pdf
11-00221 Justification Award-Contract.pdf
11-00221 Tabulation of Bids.pdf
11-00221 Invitation for Bid.pdf
11-00221 Legislation.pdf
Motion by Vice Chairman Carollo, seconded by Commissioner Sarnoff, that this matter be
DEFERRED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
R-11-0151
Note for the record: Item CA.1 was deferred to the Commission Meeting scheduled for April 28,
2011.
Motion by Commissioner Dunn II, seconded by Commissioner Sarnoff, that this matter be
RECONSIDERED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
Commissioner Dunn: Mr. Chairman.
Chair Gort: Yes.
Commissioner Dunn: Earlier I asked to defer item CA.1. I now understand -- I would like to
ask that we -- thatl reconsider -- that we reconsider that motion to defer it, CA.1.
Vice Chair Carollo: The trash -- or the garbage --
Commissioner Dunn: Yes.
Chair Gort: CA.1.
Vice Chair Carollo: -- (UNINTET,TIGIBT,F) truck?
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Commissioner Dunn: Yes.
Chair Gort: Solid Waste Department. Okay, there's a motion to defer. Is there a second?
Commissioner Dunn: No, no, a motion to reconsider the deferral.
Chair Gort: To reconsider, okay.
Vice Chair Carollo: To reconsider.
Commissioner Sarnoff. Second the reconsideration.
Chair Gort: Second --
Vice Chair Carollo: CA.1.
Chair Gort: All in favor, state it by saying aye."
The Commission (Collectively): Aye.
Commissioner Dunn: Now, ifI may -- okay. Oh, he's coming. Go ahead.
Frederick Hobson: Fred Hobson, former Solid Waste director. This is a resolution accepting
the bid for the procurement of a commercial grinder to be used at the Virginia Key mulching
facility. The equip -- the grinder we have there now is old and it's constantly breaking down,
and this is a grinder that we desperately need. As a matter of fact, the -- if we are able to -- if
you approve it, they agree to give us a loaner until we receive that grinder.
Commissioner Dunn: Mr. Chairman.
Chair Gort: Yes.
Commissioner Dunn: Now this is a part of -- this is no -- this will be a part of the vote that we
took back in the fall for these kind of things to -- for equipment and that kind --
Mr. Hobson: Yes.
Commissioner Dunn: Am I correct?
Mr. Hobson: Yes.
Chair Gort: My understanding it was the projections of income that was going to be derived
from this facilities [sic]?
Mr. Hobson: Can you repeat that, Commissioner?
Chair Gort: My understanding, there was an amount of revenues that was going to be produced
by this facility. There was some projections. Where are we at with that?
Mr. Hobson: The -- we are on -- there're a couple of projections. We anticipated a savings of a
quarter -- half a million dollars. Right now we're ahead of that one. We anticipate that by the
end of the year, with the up and coming hurricane season, we'll probably beat that by about
100, 000. Unfortunately, the projection for the revenue, we had a problem with that because
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Coral Gables was one of the cities that signed on and they -- somehow they were able to get out
of the agreement. We're in the process of working with two other cities. Right now we still have
North Miami, but the anticipated amount from North Miami is not as good as we thought it
would be, but we're in the process of negotiating with two other cities.
Chair Gort: All right.
Tony E. Crapp, Jr. (City Manager): Can I expound on that, Mr. Chairman?
Chair Gort: Yes.
Mr. Crapp: The main objective for the facility at Virginia Key was to save money --
Chair Gort: Right.
Mr. Crapp: -- to take our clean yard trash out to Virginia Key to avoid additional tipping fees
at the County. We did go beyond that and attempt to generate revenue, and we still do have the
agreement with North Miami. Obviously, if you all recall, Coral Gables had the option to go
with us or Waste Management, and when you compete with the private sector, sometimes you
lose competition, so they got a better deal with Waste Management. What we did in order to
counter that, we began to take additional clean yard trash that we produced to Virginia Key in
order to generate additional savings. Now, this piece of equipment was one that we spoke of
when we came to you and asked for the additional solid waste fee. It's the first piece of
equipment that we purchased, and basically in order for us to continue to save money, we need
to get this equipment. Because like the director said, the grinder that we have now is very old.
It's breaking down constantly. It's going to be out for the next two weeks -- we just got that
news today -- and we are continuing to save money on a daily basis because we 're taking our
own clean yard trash out there daily.
Chair Gort: Now, Mr. Manager, I appreciate that. I think that was the main reason to do it, to
reduce the cost to the City ofMiami, but at the same time, I think we had made some
projections of income coming because we -- let's face it, we got to look for income. We got to
use for continued revenues, not one-time shots. We can't do that.
Mr. Crapp: Definitely.
Chair Gort: So, okey-doke. Thank you. Any other questions? Discussion?
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Yes, sir.
Vice Chair Carollo: I'll make a motion to move it.
Commissioner Dunn: Second.
Chair Gort: Been moved by Commissioner -- Vice Chairman Carollo, second by Commissioner
Dunn. Any further discussion?
Vice Chair Carollo: It's a hard day. I know, I know.
Chair Gort: Any further discussion? Being none --
Vice Chair Carollo: Helping you out there.
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Chair Gort: -- all in favor, state it by saying aye."
The Commission (Collectively): Aye.
Commissioner Dunn: I'm almost in shock there. It took me a second that you --
CA.2 RESOLUTION
11-00266
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID
General Services RECEIVED FEBRUARY 28, 2011, PURSUANT TO INVITATION FOR BID NO.
Administration 249236, FROM SAFELITE FULFILLMENT, INC. D/B/A SAFELITE
AUTOGLASS, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER,
FOR THE PROVISION OF AUTO AND TRUCK GLASS REPLACEMENT, ON
AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT
PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2)
ADDITIONAL ONE-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.
11-00266 Summary Form.pdf
11-00266 Award Recommendation Approval Form.pdf
11-00266 Tabulation of Bid.pdf
11-00266 Sourcing 1.pdf
11-00266 Bid Security List.pdf
11-00266 Detail Entity Name.pdf
11-00266 Invitation for Bid .pdf
11-00266 Legislation.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
R-11-0144
CA.3 RESOLUTION
11-00267
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
Fire -Rescue AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE TOWN OF DAVIE, IN SUBSTANTIALLY THE
ATTACHED FORM, FOR THE PURCHASE OF ONE (1) TRACTOR AND ONE
(1) TRAILER, COLLECTIVELY CALLED "SPECIALTY RESCUE VEHICLE",
FOR THE URBAN SEARCH AND RESCUE TEAM, IN THE AMOUNT OF
$250,000; ALLOCATING FUNDS FROM PTAEO 18.180017.03.1659.
EQUIPMENT.184010 - FISCAL YEAR 2008-2009 STATE HOMELAND
SECURITY PROGRAM.
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11-00267 Summary Form.pdf
11-00267 Letter of Intent SFUS&R.pdf
11-00267 Email Davie Tractor Trailer.pdf
11-00267 Davie Fire Rescue Dept Letter.pdf
11-00267 Quotation for Used Fire Apparatus. pdf
11-00267 Invoice Hall -Mark Fire Apparatus. pdf
11-00267 Quotation Emergency Vehicle, Inc.pdf
11-00267 Modification #1 Grant Agreement. pdf
11-00267 Pre-Attachments.pdf
11-00267 Legislation.pdf
11-00267 Exhibit 1.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
R-11-0145
CA.4 RESOLUTION
11-00268
Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING A
Works MIAMI-DADE COUNTY ("COUNTY") PUBLIC AWARENESS CAMPAIGN
CARRIED OUT BY THE COUNTY HOMELESS TRUST, WHICH WOULD
INCLUDE THE DESIGN, INSTALLATION AND MAINTENANCE OF
COLLECTION DEVICES (DONATION METERS) TO BE PLACED, AS
PERMITTED BY LAW, THROUGHOUT THE COUNTY TO ENABLE
INDIVIDUALS TO CONTRIBUTE TO THE COUNTY'S HOMELESS
PROGRAMS AND SERVICES; FURTHER SUPPORTING THE PLACEMENT
OF SAID COLLECTION DEVICES ON CITY OF MIAMI AND COUNTY
MAINTAINED RIGHTS -OF -WAY WITHIN THE CORPORATE LIMITS OF THE
CITY OF MIAMI, FLORIDA.
11-00268 Summary Form.pdf
11-00268 Memorandum from Miami -Dade County.pdf
11-00268 Legislation.pdf
11-00268-Email-Amendment to Agenda Item CA.4 from the April 14, 2011 Commission Meeting.pd
Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be
ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
R-11-0152
Chair Gort: CA.4.
Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. CA.4 is being
substituted with minor amendments. The clarification on amendment is actually underlined,
just about four (UNINTELLIGIBLE). This resolution is to support the Miami -Dade County
Public Awareness campaign, being carried out by Miami -Dade County Homeless Trust that will
require the design, installation, and maintenance of collection devices. These are donation
meters to be placed throughout the Miami -Dade County, including both the City and
Miami -Dade County public right-of-ways [sic] within the municipality of the City ofMiami to
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Meeting Minutes April 14, 2011
enable individuals to contribute to the Miami -Dade County's homeless programs and services.
This is an alternative strategy to panhandling and would include the placement of these
collection devices that would mirror the erstwhile parking meters. This is subject to applicable
laws. Locations will be inspected by the City to make sure we differentiate the locations from
the usual typical parking meters to avoid confusion.
Commissioner Sarnoff. So move.
Chair Gort: It's been moved --
Vice Chair Carollo: Second.
Chair Gort: -- second. For discussion. My question -- anyone else --? My question is the --
andl'm all in favor of it, but what's going to be the security of it and where will these boxes be
located and what are we doing to make sure people don't steal it?
Mr. Ihekwaba: This is going to be under the purview ofMiami-Dade County Homeless Trust,
and I believe I have Mr. David Raymond to be here --
Chair Gort: Mr. Raymond, welcome.
Mr. Ihekwaba: -- to answer your questions.
Chair Gort: Please state your name and address.
David Raymond: Good morning, Mr. Chair, Commission, Mr. Manager. David Raymond,
Miami -Dade County Homeless Trust, 111 Northwest 1st Street, 27th Floor, Miami, Florida.
And first of all, thank you for taking this item up. We greatly appreciate the partnership that we
have with the City and the leadership that you all have had with your homeless programs,
which are model programs in the country in terms of outreach. The meter campaign, we've
been working on this for a little over a year, and we have meters that have been designed by
Romero Britto. You may have seen them around already --
Chair Gort: Right.
Mr. Raymond: -- on our transit properties. What we're trying to do at this point is to expand
them obviously into the rest of the City and to work closely with the City, not only your
Planning and Zoning Department, but also with the DDA (Downtown Development Authority)
who we will also be working with in terms of the location. We want to make sure that everybody
is fine with this. The meters are -- have been installed so far by either the Miami Parking
Authority or by contract staff that we have obtained through the Parking Authority. In terms of
security, that was one of the questions that our County Commission had, and they said won't
people be breaking into these and won't they be trying to get the money out of them. That
hasn't really happened to any great degree. What does happen on occasion -- and this happens
with the regular parking meters as well -- is that people will jam them with some paper so that
you can put a few coins in and then they'll pull that out, but nobody's broken in or stolen any or
done anything like that. We do actually employ a public relations firm, and when we brought
this up with them, they said we can't wait for the first one to get broken into or stolen 'cause it'll
make a great story and you'll get more donations. But so far that has not happened. We
haven't had any problems with that in any way yet this year.
Chair Gort: I think it's very important, especially if we can inform the community to let them
know that depositing their monies in there they're going to help a lot more than instead of
giving it directly to the individual because those funds, my understanding, they're going to be
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CA.5
used to help all those homeless and the assistance facilities that you have.
Mr. Raymond: Yes, sir, Mr. Chairman. One of the things that we're also trying to do -- and I'm
sorry; I only had one sitting in my briefcase. IfI may, Madam Clerk. We've just printed out
these coasters that support the campaign. These match the signs that are going up on the floor,
which we also just did, 'cause people are walking by the meters. And my son's girlfriend who
goes to Miami Dade in downtown came up to me and said, You know, my friends are talking
about them and they said they didn't know what they are. They need like instruction. "So we
have floor signs now that are going up that are small, non-skid signs to let people know, you
know, feed the meter; change a life. We have these coasters that are printed out. We're again
going to be working with the DDA and with local restaurants to put those in. We'll give them
the free coasters. And as people sit there, you know, having a drink or whatever at some of the
places downtown, it will promote the campaign. And one thing that we found with the police
department, we looked at the arrest records for panhandling over the first nine months of last
year. We had arrest data on 451 people arrested for panhandling in downtown since the
passage of the new ordinance that came out. Of those 451 people, 115 were homeless, so one
out of four -- only one out of four people being arrested in downtown for panhandling is in fact
homeless. So many of the people that are being arrested are in fact people who are low-income
people and people who are taking the money for drugs and alcohol and other things, but it's not
strictly a homeless problem. In fact, if anything, the homeless population is a smaller part of it.
But we think it's huge to build public awareness around this issue, and we greatly appreciate the
partnership with the City to be able to do this.
Chair Gort: Thank you.
Mr. Raymond: Thank you, sir.
Chair Gort: Any further discussion? Yes, sir.
Commissioner Dunn: Well, I certainly like the concept and the idea. It's very tasteful and it
sort of flows with our regular meters and any -- it can avert the harassment of people rushing
up to you. You know, hey, I put it in the meter. So I think it's a great idea. I'm definitely will
be in support of it. I've been falsely accused of not being a friend to the homeless, which many
people know is as far from the truth as we are from the moon, andl like to say that 'cause it's
true. I've been involved with homelessness since 1994, so I support it. I think it's a good
gesture. And any way that we can help to alleviate homelessness and all of the issues that are
tied with it, I'm supportive of it. Again, I do stand with my colleague, though there is a
distinction between hustlers and homelessness. Andl know -- I don't -- I'm not trying to beat
that issue down, but there needs to be a clear distinction because there are folk who,
unfortunately, give homeless sometimes a bad name. But my church has worked diligently with
homeless since I've been in ministry --
Chair Gort: Thank you. Any further --
Commissioner Dunn: -- and that's over thirty -something years.
Chair Gort: Sorry. Any further discussion? Being none, all in favor, state it by saying aye."
The Commission (Collectively): Aye.
Chair Gort: Thank you.
Mr. Raymond: Thank you very much.
RESOLUTION
City ofMiami Page 14 Printed on 5/9/2011
City Commission
Meeting Minutes April 14, 2011
11-00269
Department of Parks
and Recreation
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS
RECEIVED FEBRUARY 1, 2011, PURSUANT TO INVITATION FOR BID NO.
260254, FROM COMMERCIAL ENERGY SPECIALIST, INC. FOR GROUP 1,
AND FROM PRO STAR POOL SUPPLIES FOR GROUP 2, AS THE LOWEST
RESPONSIVE AND RESPONSIBLE BIDDERS, ON A GROUP -BY -GROUP
BASIS, FOR THE PROVISION OF SWIMMING POOL CHEMICALS AND
SUPPLIES AND BULK LIQUID CHLORINE AND STORAGE TANK RENTAL,
FOR THE DEPARTMENT OF PARKS AND RECREATION, FOR AN INITIAL
CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW
FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS
FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER
DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND
BUDGETARY APPROVAL AT THE TIME OF NEED.
11-00269 Summary Form.pdf
11-00269 Award Recommendation Form.pdf
11-00269 Tabulation of Bids.pdf
11-00269 Invitation for Bids.pdf
11-00269 Legislation.pdf
Motion by Vice Chairman Carollo, seconded by Commissioner Sarnoff, that this matter be
DEFERRED PASSED by the following vote.
Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo
Absent: 2 - Commissioner(s) Suarez and Dunn II
Note for the record: Item CA.5 was deferred to the Commission meeting scheduled for April 28,
2011.
Direction by Vice Chair Carollo to the Administration for the Parks Department to perform a
cost -benefit analysis of the maintenance of City ofMiami pools to determine if the private
sector can perform this task for a lesser amount than the City.
Direction by Chair Gort to the Administration for the cost -benefit analysis regarding monthly
maintenance of City of Miami pools include whether or not seasonally operated pools require
year-round maintenance.
Chair Gort: Five. CA.5.
Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. CA.5 is a swimming pool
chemicals, supplies, and bulk liquid chlorine storage tank for the pools.
Commissioner Sarnoff. So move.
Commissioner Dunn: Second.
Chair Gort: It's been moved, second. Discussion.
Vice Chair Carollo: Yes, Mr. Chairman. First of all, I'd like to say, Mr. Burkeen, that I know
you contacted my office with regards to the summer programs, and maybe some time next week
we could get together with regards to that. So I wanted to say that I did receive your message,
so -- Now with regards to this, how many pools do we have in the City ofMiami that these
chemicals will go to?
Mr. Burkeen: We actually have 11 pools, but we have 10 that these chemicals will go to. The
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City Commission
Meeting Minutes April 14, 2011
llth pool is a Gibson is under renovation, so it's 10.
Vice Chair Carollo: So we got ten pools. Are any of these pools seasonal?
Mr. Burkeen: Yes.
Vice Chair Carollo: How many of the ten are seasonal?
Mr. Burkeen: That would be Shenandoah, Hadley, Jose Marti are the pools that operate
year-round. The water park operates seasonally and Williams would operate seasonally.
Morningside would operate seasonally. Let me find my list. Virrick Park would be seasonally.
How many did give you so far?
Vice Chair Carollo: I'm trying to keep track of it.
Commissioner Sarnoff. You have three more to go.
Vice Chair Carollo: So -- but how many are seasonal out of the ten?
Mr. Burkeen: I think we have six that are seasonal, as soon as I can find my list. Let's see,
Williams would be seasonally. West End would be seasonally. Morningside would be
seasonally. So that's one, two, three -- and Gibson would have been seasonally but it's under
renovation. And Curtis pool would be seasonally.
Vice Chair Carollo: For the total of how many? I'm sorry; I don't count --
Mr. Burkeen: You want me to count these again?
Commissioner Sarnoff. You have --
Vice Chair Carollo: I just want to have a count. Out of ten, how many of those pools are
seasonal? Is it five? Is it six? Is it four?
Mr. Burkeen: Well, let me read them for you, okay, and then we can count them together.
Vice Chair Carollo: Sure.
Mr. Burkeen: Okay. Athalie Range is going to be seasonally. That's one. Curtis pool is going
to be seasonally. That's two. Vrrickpool is going to be seasonally. That's three. Gibson
would have been seasonally, but it's under construction.
Vice Chair Carollo: So we're still at three.
Mr. Burkeen: So Morningside pool is seasonally. That would be four. West End would be
seasonally. That's five. And Williams pool, seasonally, would be six.
Vice Chair Carollo: So out of the ten pools, six are seasonal?
Mr. Burkeen: Yes.
Vice Chair Carollo: And seasonal means operating -from May to September only.
Mr. Burkeen: Yes. But you probably should call the water park seasonally also because it
doesn't operate the whole year.
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City Commission
Meeting Minutes April 14, 2011
Vice Chair Carollo: Gotcha. So it might be actually seven. Let me rephrase that. It actually
is seven.
Mr. Burkeen: Yeah, depend upon your definition of seasonally.
Vice Chair Carollo: Gotcha. So out of the ten pools that we have in City parks, and one is not
operable right now, which is Gibson -- but out of the ten operable pools, seven are seasonal,
correct? So -- and the $241, 000 is for these 10 pools, 7 of which operate seasonal. What I'm
looking at is how much -- and by the way, this is just supplies, correct, and a storage tank?
Mr. Burkeen: Chlorine, supplies, all that goes in -- chemical supplies to operate the pool. This
is chemical supplies for the pool itself, for the water.
Vice Chair Carollo: Right. So now on top of that, the City needs to provide storage for all
these chemicals?
Mr. Burkeen: Well, you provide storage so that you can reduce the amount of trips out
delivering the chemicals.
Vice Chair Carollo: Right.
Mr. Burkeen: Because, remember, these are outdoor pools.
Vice Chair Carollo: Right.
Mr. Burkeen: And whenever that you have rain or any inclement weather, you have to add
more chlorine.
Vice Chair Carollo: Understood. So aside from those $241, 000, we have to consider storage of
the supplies, we have to consider the employees that have to work and actually clean the pool,
correct, that use these supplies, and then we have to consider gasoline going to the different
locations and actually cleaning it and so forth? Correct?
Mr. Burkeen: That's correct.
Vice Chair Carollo: Okay. I am wondering if it's not better just to outsource the cleaning of
these pools because it's costing us an arm and a leg, $241, 000. Divide that into ten. And then
that's not even a full year, so it's just cost accounting. It seems like it's costing us way, way,
way too much, the maintenance of the pools, andl think we could save a lot more money if we
just outsource it.
Mr. Burkeen: Outsource the maintenance or outsource the --?
Vice Chair Carollo: Usually when you outsource the maintenance, they put in all the
chemicals, they put -- they clean it. They put the chemicals. They do everything. And you
don't have to go too far. You just go to any homes, you know. You go to any private home and
they hire a pool service.
Mr. Burkeen: So when you do that, what happens is that you don't control your costs because
at some point in time, they're going to increase costs. Here with employees, we get a chance to
either downsize or not. We have control. When you outsource, you have no control.
Vice Chair Carollo: At $241, 000, plus employees' pay, plus gasoline, I don't know how we're
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Meeting Minutes April 14, 2011
controlling that.
Mr. Burkeen: Well, remember, even if you outsource this, when you have inclement weather,
you're going to increase the amount of chlorine that you have to put in. If you have an accident
in a pool, you have to increase the amount of chlorine. That means that that outsource is going
to increase your costs because that wasn't planned for.
Vice Chair Carollo: Have you done any analysis of that?
Mr. Burkeen: We have not done an analysis for it. This is 35 years of operating pools.
Vice Chair Carollo: Yeah, I understand, but that doesn't make it correct and that doesn't make
it better. I mean, the City's been running for 114 years and look at the issues we had
financially.
Mr. Burkeen: I've been in both systems, andl can tell you that it's a lot better when you control
it as opposed to someone else. But if you'd like for us to look at it, that's not a problem; we
will.
Vice Chair Carollo: Yeah, I definitely do because -- I mean, I'm just doing some simple math
right here, and I'm not even considering that seven out of the ten pools are seasonal. I'm just
looking at the whole year and it's costing us $2, 000 a pool to do the maintenance, and that's
not considering that seven of them are seasonal. So in other words, my $2, 000 is actually
much, much higher.
Mr. Burkeen: Well, Commissioner, based on what the budget prospects are, I believe that
everything is going to be on the table to look at.
Vice Chair Carollo: And this being one of them.
Mr. Burkeen: Absolutely.
Vice Chair Carollo: And yes -- and that's exactly where -- what I'm doing. Because it seems
like $241, 000 just on supplies, without the transportation, the gas, without the manpower; there
are employees that we're paying to actually clean the pool, is just way too much. And think if
we look at outsourcing it, I think, realistically, we're going to save a lot of money.
Mr. Burkeen: We'll look at that.
Vice Chair Carollo: Thank you. Mr. Chairman.
Chair Gort: Yes.
Vice Chair Carollo: Is it possible that we defer this or continue it?
Commissioner Sarnoff. I withdraw my motion.
Mr. Burkeen: You're going to impact --
Vice Chair Carollo: Second.
Mr. Burkeen: -- the ability for us to --
Chair Gort: Motion's withdrawn. Second.
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Meeting Minutes April 14, 2011
Vice Chair Carollo: I make a motion to continue this item.
Commissioner Sarnoff. How long -- excuse me -- will it take you to do the cost benefit
analysis?
Mr. Burkeen: I mean, we'll do it right away, but I -- we have summer season coming up right
now. We're in the middle of -- the water park is open, so --
Commissioner Sarnoff. Will this hamper your ability to operate these pools for the next two
weeks?
Mr. Burkeen: No.
Commissioner Sarnoff. Okay. Can we bring this back to the next Commission meeting?
Mr. Burkeen: Okay.
Commissioner Sarnoff. And can you have your cost benefit analysis done in the next ten days?
Mr. Burkeen: We'll have it done.
Vice Chair Carollo: And let me chime in a little more. Who's going to do the cost analysis and
--? Because I want to make sure that whoever does the cost analysis and so forth is business
savvy. I'm not saying that you're not, but I want to make sure. Who's going to do this analysis?
Mr. Burkeen: We would, in fact, work with the Finance Department. But --
Vice Chair Carollo: Okay.
Mr. Burkeen: -- let me just -- you're asking about outsourcing, but you're not talking about
outsourcing this year. You're talking about outsourcing for next year.
Vice Chair Carollo: Well, hold on. Let me ask you something. You're asking us to expend
241,000 now?
Mr. Burkeen: Correct.
Vice Chair Carollo: This year?
Mr. Burkeen: Absolutely.
Vice Chair Carollo: So right off the bat I want to see if, yes, we could save some money
because this is going for this current year. So, yes, I'm asking if we could outsource this year.
But what you're saying is that summer is two months away and therefore, you're not going to
have enough time to procure and all that stuff?
Mr. Burkeen: That's correct.
Vice Chair Carollo: Gotcha.
Mr. Burkeen: There's no way we're going to be able to get that done.
Vice Chair Carollo: Gotcha.
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Meeting Minutes April 14, 2011
Mr. Burkeen: And then we'll put our citizens at risk.
Tony E. Crapp, Jr. (City Manager): Excuse me, Mr. Chairman. Commissioner --
Chair Gort: Let me ask a question. At this time we have a contract with someone.
Vice Chair Carollo: No.
Chair Gort: We don't purchase with anyone right now?
Mr. Burkeen: I'm not sure --
Chair Gort: We don't have any supplies.
Mr. Burkeen: -- where the contract is.
Kenneth Robertson: Kenneth Robertson, Purchasing director. The existing contract for
chlorine is expiring this month in April. The award of this item is imperative for the Parks
Department to continue operating the pools. If you defer this item, the Manager could award
$50, 000 under this ITB [sic] currently, but we do need to act on this item quickly.
Chair Gort: Mr. Manager.
Mr. Crapp: Mr. Chairman, Commissioner.
Commissioner Dunn: Could he repeat that? I'm sorry. I missed that. I want to make sure I
hear that right.
Mr. Robertson: The City's current contract for chlorine is expiring this month, April 2011.
Chair Gort: He can expend (UNINTELLIGIBLE).
Mr. Robertson: This is intended to be the replacement contract for those services.
Vice Chair Carollo: For the supplies.
Mr. Robertson: Correct.
Commissioner Dunn: You said something else after that. What was that? I -- that last --
Mr. Robertson: If this item is deferred --
Commissioner Dunn: That's --
Mr. Robertson: -- the Manager has the authority to award $50, 000 under this IFB (Invitation
for Bid) currently and we can pursue that option until the Commission takes formal action.
Commissioner Dunn: Okay.
Chair Gort: Yeah. Thank you. Mr. Manager.
Mr. Crapp: Commissioners, if you allow us to -- the entire Administration will work to get the
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Meeting Minutes April 14, 2011
cost benefits analysis done. Obviously this is a timely issue because of the operation of the
pools and we're approaching summer. If you'll allow us to go forward, I'll commit to you that
we'll get the analysis done. And maybe going forward in the future, we could change the way
we either outsource or continue to go this route. Obviously, because of the expiration of the
contract, we want to make sure that we can provide the services to our residents.
Chair Gort: Now my understanding, Mr. Manager -- but my understanding is you can also
extend the existing contract for a month or so. We've done it in the past, so that's not the
critical thing. I mean, we can always extend it for one month and get the necessary products
for it. Now what I'd like to see is when you come back and you do your analysis, how many
times in a month you provide the services to the pool. Also I'd like to know even if the pool is
not used year-round, if you still have to maintain the waters. I'm not very knowledgeable of
that. So if you have to maintain it throughout the year, I think that's important you bring that
back. And then we can get that with that information. All right.
Mr. Crapp: No. We'll definitely get all the information that you requested, Commissioner.
Chair Gort: Okay. Any further discussion? Commissioner.
Vice Chair Carollo: Yeah, Mr. Chairman. I just want to be sure of what we are going to do. I
made a motion andl -- actually, I continued it. But want to make sure that a month is enough
or do you need two weeks or --?
Priscilla A. Thompson (City Clerk): I'm sorry.
Vice Chair Carollo: Madam City Clerk. I'm sorry. Could you --?
Ms. Thompson: No. We do not have the motion yet for the continuance. You --
Commissioner Sarnoff. Can we --
Ms. Thompson: -- withdrew yours.
Commissioner Sarnoff. -- table --
Chair Gort: He withdrew his motion.
Ms. Thompson: Right.
Commissioner Sarnoff. -- this so they can look at the contract to see if it could be extended?
Why don't we table this till this afternoon?
Vice Chair Carollo: I don't have a problem with that, Commissioner Sarnoff. The only thing
I'm looking is how can we start saving money because in all fairness, the 241,000 is just for
supplies, that does not include all the other things thatl mentioned. And I'm just wondering if
we contract with a company that they come and do the maintenance where we don't have to
worry about supplies, we don't have to worry about storage, we don't have to worry about gas
prices, and you know what. They may just come in a lot cheaper. And the reason why I'm
starting to look at this is because briefly looking at our year-to-date numbers, I saw the only
department that's really over or at, you know, their budget by a large amount, a quarter of a
million dollars, is Parks. So I'm starting to look at why. And how can we help them. How can
we help them to make sure they're within budget or actually reduce their budget in a way where
we can provide the services possible. And let me tell you something. It's not that I don't want
to provide park services to our community. As a matter of fact, I was very disappointed that the
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City Commission
Meeting Minutes April 14, 2011
Jose Marti Park's pool closed early on a weekend recently and had a complaint about that
because of staffing issues, and that's what they told my constituents. Because of staffing issue,
we're closing early. There was no previous notice or anything. And again -- and listen, I'm not
going to get into how much we're paying the employees in Parks and so forth to maintain open,
but the bottom line is and my point is that I really think we need to look at ways that we can
save money with providing the same or even better services.
Chair Gort: Thank you.
Commissioner Dunn: So --
Chair Gort: Well, I need a motion.
Vice Chair Carollo: I'm --
Commissioner Dunn: -- what are we --?
Commissioner Sarnoff. Why don't we --
Commissioner Dunn: What's it for, table?
Commissioner Sarnoff. -- table it to make sure they can look at the contract?
Chair Gort: Table it till later on?
Vice Chair Carollo: Right.
Chair Gort: Okay. Let's table. We'll bring it back this afternoon.
Commissioner Sarnoff. Right.
Chair Gort: Now, let me tell you, if you guys are looking at the monthly reports, next year's,
we're going to have to do some reductions, so I think it's very important that we start looking at
all the departments and see how much we can save because we need to do that.
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Okay. Yes, sir.
Vice Chair Carollo: That's exactly what I'm doing.
Chair Gort: Right.
Vice Chair Carollo: That's exactly what I'm doing.
Chair Gort: I know --
Vice Chair Carollo: It's like -- sometimes it's more cost-effective to outsource than it is to hire
within, and that's exactly what I'm doing and that's why I'm bringing it to, you know, the
Commission. Thank you.
Chair Gort: Thank you. We'll bring it back this afternoon.
[Later...]
City ofMiami Page 22 Printed on 5/9/2011
City Commission
Meeting Minutes April 14, 2011
Mr. Crapp: Mr. Chairman, CA.5 was tabled to the afternoon, but I believe that's going to be
deferred if you all want to address that in the meantime.
Chair Gort: Which one?
Mr. Crapp: CA.5.
Vice Chair Carollo: Move to defer CA.5.
Commissioner Sarnoff. Can we just do RE.7 since I have a DDA (Downtown Development
Authority) board member sitting here?
Chair Gort: Sure.
Ms. Thompson: Okay, I'm sorry. May I ask, Chair -- I'm sorry. On CA.5, Vice Chair did make
a motion. Do you want to finish with that item before you move on since there's a motion on the
floor?
Vice Chair Carollo: We need a second. Now seconds are hard coming by today, but, you know,
one way or another, we get the job done.
Commissioner Sarnoff. What was it -- CA.5 was --?
Vice Chair Carollo: But we need a second.
Commissioner Sarnoff. What was CA.5 about?
Chair Gort: What was your motion?
Commissioner Sarnoff. CA.5 was the --
Chair Gort: Parks, pool.
Vice Chair Carollo: Yeah, the pools.
Commissioner Sarnoff. You made a motion to?
Vice Chair Carollo: Defer.
Commissioner Sarnoff. Defer. Okay, I'll second it.
Vice Chair Carollo: Because we tabled it and --
Commissioner Sarnoff. I gotcha.
Chair Gort: Okay.
Vice Chair Carollo: -- the Manager came back to me and said can we defer it.
Commissioner Sarnoff. And they said it -- right. I'll second.
Ms. Thompson: Do we have a date?
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City Commission
Meeting Minutes April 14, 2011
Commissioner Sarnoff. He said he'd have it at the next --
Vice Chair Carollo: Yeah.
Commissioner Sarnoff. -- he'd have the analysis at the next Commission meeting.
Vice Chair Carollo: Next Commission meeting.
Ms. Thompson: Okay, that'll be April 28.
Chair Gort: Okay, it's been moved and second. Any further discussion? Being none, all in
favor, state it by saying "aye."
The Commission (Collectively): Aye.
Ms. Thompson: Thank you.
CA.6 RESOLUTION
11-00270
Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
Facilities AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO
THE LEASE AGREEMENT ("LEASE"), IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY,
FOR THE CITY'S CONTINUED USE OF THE PROPERTY LOCATED AT 111
NORTHWEST 1 STREET, MIAMI, FLORIDA, FOR PLACEMENT OF A
ROOFTOPANTENNAAND RELATED EQUIPMENT; EXTENDING THE
LEASE FORA FIVE (5) YEAR PERIOD WITH AN OPTION TO EXTEND FOR
ONE (1) ADDITIONAL FIVE (5) YEAR TERM EFFECTIVE MAY 1, 2011;
REDUCING THE ANNUAL RENTAL RATE FROM $14,000.00 PER YEAR TO
$1.00 PER YEAR EFFECTIVE OCTOBER 1, 2010.
11-00270 Summary Form.pdf
11-00270 Legislation.pdf
11-00270 Exhibit 1.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
R-11-0146
CA.7 RESOLUTION
11-00271
Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
Facilities AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT
("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY, FOR THE CONTINUED
USE OF CITY -OWNED PROPERTY LOCATED AT 1009 NORTHWEST 5TH
AVENUE, MIAMI, FLORIDA, AS A PUBLIC HEALTH FACILITY, AT AN ANNUAL
RENTAL OF $1.00 PER YEAR, WITH SAID LEASE BEING FOR A PERIOD OF
FIVE YEARS AND SIX MONTHS, WITH ONE (1) OPTION TO EXTEND FOR
ONE (1) ADDITIONAL FIVE (5) YEAR TERM, WITH ADDITIONAL TERMS AND
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City Commission
Meeting Minutes April 14, 2011
CONDITIONS MORE PARTICULARLY SET FORTH IN SAID LEASE.
11-00271 Summary Form.pdf
11-00271 Property Information Map.pdf
11-00271 Pre Lease Agreement. pdf
11-00271 Legislation.pdf
11-00271 Exhibit 1.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
R-11-0147
CA.8 RESOLUTION
11-00272
Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
Facilities AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT
("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY, FOR THE CONTINUED
USE OF THE CITY -OWNED PROPERTY LOCATED AT 971 NORTHWEST
2ND STREET, MIAMI, FLORIDA, AS A PUBLIC HEALTH FACILITY, AT AN
ANNUAL RENTAL OF $1.00 PER YEAR, WITH SAID LEASE BEING FOR A
PERIOD OF FIVE YEARS AND SIX MONTHS, WITH ONE (1) OPTION TO
EXTEND FOR ONE (1) ADDITIONAL FIVE (5) YEAR TERM, WITH
ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH
IN SAID LEASE.
11-00272 Summary Form.pdf
11-00272 Property Information Map.pdf
11-00272 Pre LeaseAgreement.pdf
11-00272 Legislation .pdf
11-00272 Exhibit 1.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
R-11-0148
CA.9 RESOLUTION
11-00278
District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
Commissioner PLACEMENT OF A MARKER DESIGNATION, PURSUANT TO SECTION
Richard Dunn II 54-136(1) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
IN THE PUBLIC RIGHT-OF-WAY LOCATED AT APPROXIMATELY 6700
NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, TO COMMEMORATE
BISHOP ABE RANDALL, PASTOR OF ST. MATTHEWS FREE WILL BAPTIST
CHURCH; SUBJECT TO ALL APPLICABLE PERMITTING REQUIREMENTS.
11-00278 Letter from St. Mattews Free Will Baptist Church, Inc. pdf
11-00278 Legislation.pdf
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City Commission
Meeting Minutes April 14, 2011
CA.10
11-00319
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
R-11-0149
RESOLUTION
District 4-
Commissioner Francis
Suarez
CA.11
11-00288
Office of the City
Attorney
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), URGING GOVERNOR RICK SCOTT AND THE
MEMBERS OF THE FLORIDA LEGISLATURE TO CONTINUE TO FUND
MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES THROUGH THE
DEPARTMENT OF CHILDREN AND FAMILIES TO VARIOUS SERVICE
PROVIDERS AND TO VOTE AGAINST ANY FURTHER CUTS TO THE
MENTAL HEALTH AND SUBSTANCE ABUSE STATE FUNDING DURING
THE 2011 LEGISLATIVE SESSION; DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS
DESIGNATED HEREIN.
11-00319 Legislation.pdf
11-00319 Exhibit 1.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
R-11-0150
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY
CONFLICT OF INTEREST THE LAW FIRM OF COLE, SCOTT & KISSANE,
P.A. MAY HAVE, IF ANY, TO ENABLE IT TO REPRESENT ALL TERRAIN
EARTHMOVING LIMITED COMPANY, LLC, IN PROCEEDINGS FILED BY
WILFREDO DIAZ, IN THE CIRCUIT COURT OF THE 11TH JUDICIAL
CIRCUIT, CASE NO.: 11-7734 CA24.
11-00288 Memorandum.pdf
11-00288-Legislation-SUB. pdf
Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be
ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
R-11-0153
Chair Gort: I think we're at CA.11.
Priscilla A. Thompson (City Clerk): Correct.
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City Commission
Meeting Minutes April 14, 2011
Vice Chair Carollo: CA.11, I think is the City Attorney.
Julie O. Bru (City Attorney): Yeah. CA.11 is a conflict of interest -- a waiver of a conflict of
interest. The reason it was pulled is just that there's a scrivener's error in the fourth whereas
where reference is made to W fredo Diaz and it should have been to All Terrain Earthmoving
Limited Company.
Commissioner Sarnoff.. So move.
Chair Gort: It's been move --
Vice Chair Carollo: Second.
Chair Gort: -- second. All in favor, state it by saying aye."
The Commission (Collectively): Aye.
Chair Gort: Okey-doke.
Adopted the Consent Agenda
Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, including all the
preceding items marked as having been adopted on the Consent Agenda. The motion
carried by the following vote:
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
END OF CONSENT AGENDA
Chair Gort: Do I have a motion for the consent agenda?
Commissioner Sarnoff.. So move.
Chair Gort: It's been moved by --
Vice Chair Carollo: Second.
Commissioner Dunn: Second.
Chair Gort: -- Commissioner Sarnoff, second by Vice Chairman Carollo. Any further
discussion? Being none, all in favor, state it by saying iiye. "
The Commission (Collectively): Aye.
PUBLIC HEARINGS
PH.1 RESOLUTION
11-00222
Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
Facilities AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF
EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA
POWER AND LIGHT COMPANY, A FOR -PROFIT FLORIDA CORPORATION,
FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN
APPROXIMATELY TEN (10) FOOT WIDE BY SEVENTY TWO (72) FOOT
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City Commission
Meeting Minutes April 14, 2011
LONG STRIP OF CITY OF MIAMI OWNED PROPERTY LOCATED AT
NORTHWEST 3RD STREET AND NORTHWEST 14TH AVENUE, MIAMI,
FLORIDA (ALSO KNOWN AS ORANGE BOWL COMPLEX), AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND
MAINTENANCE OF ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO
RECONSTRUCT, IMPROVE, ADD TO, CHANGE AND REMOVE ALL OR ANY
OF THE FACILITIES WITHIN SAID EASEMENT.
11-00222 Summary Form.pdf
11-00222 Notice of Public Hearing.pdf
11-00222 Legislation.pdf
11-00222 Exhibit 1.pdf
Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
R-11-0154
Chair Gort: Public hearing, PH.1.
Madeline Valdes (Director): Good morning. Madeline Valdes, Department ofPublic Facilities.
PH.1 is a resolution authorizing the City Manager to execute a grant of easement to Florida
Power & Light. It's a 10 foot by 72-foot easement located on Northwest 3rd Street and 14th
Avenue and the property known as the Marlin Stadium. Any questions?
Chair Gort: Okay.
Vice Chair Carollo: Move it.
Chair Gort: This is a public hearings [sic].
Commissioner Suarez: Second.
Chair Gort: Before we make a motion, I'll open it up to the public. Is anyone would like to
speak in public hearing on this item? Being none, public hearing is closed.
Vice Chair Carollo: Move it.
Chair Gort: Motion by --
Commissioner Suarez: Second.
Chair Gort: -- Vice Chairman Carollo, second by Commissioner Suarez. Any discussion?
Being none, all in favor, state it by saying iiye. "
The Commission (Collectively): Aye.
PH.2 RESOLUTION
11-00223
Department ofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
Facilities AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF
EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA
City ofMiami Page 28 Printed on 5/9/2011
City Commission
Meeting Minutes April 14, 2011
POWER AND LIGHT COMPANY, A FOR -PROFIT FLORIDA CORPORATION,
FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN
APPROXIMATELY TEN (10) FOOT WIDE BY THREE HUNDRED NINETY
FIVE (395) FOOT LONG STRIP OF CITY OF MIAMI OWNED PROPERTY
LOCATED AT NORTHWEST 7TH STREET AND NORTHWEST 16TH
AVENUE, MIAMI, FLORIDA (ALSO KNOWN AS ORANGE BOWL COMPLEX),
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND
MAINTENANCE OF ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO
RECONSTRUCT, IMPROVE, ADD TO, CHANGE AND REMOVE ALL OR ANY
OF THE FACILITIES WITHIN SAID EASEMENT.
11-00223 Summary Form.pdf
11-00223 Notice of Public Hearing.pdf
11-00223 Legislation .pdf
11-00223 Exhibit 1.pdf
Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
R-11-0155
Chair Gort: PH.2. It's all yours.
Madeline Valdes (Director, Public Facilities): PH.2 is another grant of easement to FP&L
(Florida Power & Light) for a 10 foot by 385 [sic] feet strip. This is on Northwest 7th and
Northwest 16th Avenue, also within the Marlin Stadium property.
Chair Gort: Okay.
Vice Chair Carollo: So --
Commissioner Suarez: Second.
Chair Gort: It's been moved by Vice Chairman Carollo, second by Commissioner Suarez. It's a
public hearing. Is anyone in the public would like to address this issue? Being none, any
discussion? All in favor, state it by saying aye."
The Commission (Collectively): Aye.
PH.3 RESOLUTION
11-00224
Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
Facilities AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF
EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA
POWER AND LIGHT COMPANY, A FOR -PROFIT FLORIDA CORPORATION,
FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN
APPROXIMATELY TEN (10) FOOT WIDE BY THIRTY SEVEN (37) FOOT
LONG STRIP OF CITY OF MIAMI OWNED PROPERTY LOCATED AT
NORTHWEST 3RD STREET AND NORTHWEST 16TH AVENUE, MIAMI,
FLORIDA (ALSO KNOWN AS ORANGE BOWL COMPLEX), AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND
City ofMiami Page 29 Printed on 5/9/2011
City Commission
Meeting Minutes April 14, 2011
INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND
MAINTENANCE OF ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO
RECONSTRUCT, IMPROVE, ADD TO, CHANGE AND REMOVE ALL OR ANY
OF THE FACILITIES WITHIN SAID EASEMENT.
11-00224 Summary Form.pdf
11-00224 Notice of Public Hearing.pdf
11-00224 Legislation.pdf
11-00224 Exhibit 1.pdf
Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
R-11-0156
Chair Gort: PH.3.
Madeline Valdes (Director, Public Facilities): PH.3 is another grant of easement to FP&L
(Florida Power & Light). This is for a 10 foot by 37 foot strip of land located on Northwest 3rd
Street and Northwest 16th Avenue, also within the Marlin Stadium property.
Chair Gort: We getting -- going to get a lot of electricity there.
Vice Chair Carollo: So move.
Chair Gort: It's been --
Commissioner Suarez: Second.
Chair Gort: -- moved by Vice Chairman Carollo, second by Commissioner Suarez. Public
hearing. Anyone would like to address this issue? Show none, okay. All in favor, state it by
saying iiye. "
The Commission (Collectively): Aye.
PH.4 RESOLUTION
11-00225
Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
Facilities AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF
EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA
POWER AND LIGHT COMPANY, A FOR -PROFIT FLORIDA CORPORATION,
FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN
APPROXIMATELY TEN (10) FOOT WIDE BY THIRTY SEVEN (37) FOOT
LONG STRIP OF CITY OF MIAMI OWNED PROPERTY LOCATED AT
NORTHWEST 7TH STREET AND NORTHWEST 14TH AVENUE, MIAMI,
FLORIDA (ALSO KNOWN AS ORANGE BOWL COMPLEX), AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND
MAINTENANCE OF ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO
RECONSTRUCT, IMPROVE, ADD TO, CHANGE AND REMOVE ALL OR ANY
OF THE FACILITIES WITHIN SAID EASEMENT.
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City Commission
Meeting Minutes April 14, 2011
11-00225 Summary Form.pdf
11-00225 Notice of Public Hearing.pdf
11-00225 Legislation.pdf
11-00225 Exhibit 1.pdf
Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
EM.1
11-00328
Department of
Building and Zoning
R-11-0157
Chair Gort: PH.4.
Madeline Valdes (Director, Public Facilities): PH.4 is the last easement to FP&L (Florida
Power & Light). This one's for a 10 foot by 37-foot strip of land, and this is on Northwest 7th
Street and 14th Avenue.
Chair Gort: Okay. There's a motion by --
Vice Chair Carollo: So move.
Chair Gort: -- Vice Chairman Carollo --
Commissioner Suarez: Second.
Chair Gort: -- and second by Commissioner Suarez. Public hearing. Anyone in the public
would like to address this issue? Show none. Any discussion? Being none, all in favor, state it
by saying iiye. "
The Commission (Collectively): Aye.
Ms. Valdes: Thank you.
Chair Gort: Thank you.
END OF PUBLIC HEARINGS
ORDINANCE -EMERGENCY
ORDINANCE Emergency Ordinance
(4/5THS VOTE)
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION,
AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING", BY
AMENDING ARTICLE XIII, ENTITLED, "ZONING APPROVAL FOR
TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED", BY
AMENDING DIVISION 6, ENTITLED, "BILLBOARDS"; CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
City ofMiami Page 31 Printed on 5/9/2011
City Commission
Meeting Minutes April 14, 2011
11-00328 Summary Form.pdf
11-00328 Legislation .pdf
11-00328 Summary Form 04-21-11.pdf
11-00328 Email -Billboards 04-21-11.pdf
11-00328 Legislation (Version 3) 04-21-11.pdf
11-00328-Submittal-Grace Solares-Map Of Area To Be Affected By Proposed Legislation.pdf
11-00328-Submittal-Administration-Update By Intergovernmental Affairs Liaison On HB 1363.pdf
NO ACTION TAKEN
Note for the record: Vice Chair Carollo invoked the five-day rule pursuant to Chapter 2,
Article II, Section 2-33 (e), of the Miami City Code, for items EM.1, RE.13, and RE.14.
Chair Gort: An emergency ordinance, EM.4 [sic]. Hello. Are we ready?
Johnny Martinez (Assistant City Manager/Chief of Infrastructure): Yes. It's an emergency
ordinance that we have that goes hand -in -hand with two other items, RE.13 andRE.14, andl
would like to propose to kind of hear them together as a whole.
Commissioner Sarnoff. What is the number, RE (Resolution) what?
Mr. Martinez: RE.13 andRE.14. RE.13 is basically the resolution allowing the City Manager
to enter into a settlement agreement, and that's -- the ordinance is amended to be consistent
with that settlement agreement. So should we start with the ordinance?
Commissioner Sarnoff. Mr. Chair, can we open up a --?
Chair Gort: Sure.
Commissioner Sarnoff. When we do this, can we open up the hearing for all three together so
that the record would be clear?
Chair Gort: Do we got a motion?
Commissioner Dunn: So move.
Chair Gort: It's been moved to hear all three --
Commissioner Suarez: Second.
Vice Chair Carollo: Do we need a motion to open up for all three? I don't think we need a
motion.
Commissioner Sarnoff. I don't know if you need that, but I --
Chair Gort: Okay.
Commissioner Sarnoff. -- just wanted -- just so that the record would be clear.
Chair Gort: We'll let the record show. All in favor, state it by saying "aye. "
Priscilla A. Thompson (City Clerk): No. We don't really need a motion.
Vice Chair Carollo: You don't need --
Chair Gort: You don't need a motion, okay.
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Meeting Minutes April 14, 2011
Ms. Thompson: You're stating on the record that you will --
Commissioner Sarnoff. Right.
Ms. Thompson: -- be -- all discussion will be on the three items, but you will have separate
votes on each item.
Chair Gort: Right, okay.
Mr. Martinez: Should we start with the emergency ordinance?
Chair Gort: Go ahead.
Mr. Martinez: EM.1 basically amends Chapter 62 and it expands the areas where billboards
cannot be placed, in addition to the gateway. It adds language that the intersection of 1-95
southbound with the intersection of the centerline of Coral Way, a 1, 500 foot radius billboards
will not be allowed, andl think that's consistent with the message of not having billboards on
the Sevennine site and on (UNINTELLIGIBLE) site. It also changes the removal requirement.
Instead of a one up, two down, to allow for a one-to-one. And it also changes the restrictions
on the zonings from a T6-8 to a T5-O, so no billboards can go up in zoning areas more
restrictive than a T5-O, and there's a lot of areas along the expressways that are T5-O. Those
are the basic changes to the ordinance.
Commissioner Sarnoff. Mr. Chairman.
Chair Gort: Yes.
Commissioner Sarnoff. I want to speak to this jointly, ifI can. And if you all will recall at the
last hearing we had on this issue, we had a district Commissioner who had an issue with where
the site placement would be, whether you want to call it Monsalve or Sevennine, and this
Commission backed that Commissioner. Today, though, what we have is something quite
different, andl thought it would be worth a conversation andl thought it would be worth a
factual background because none of you here, including myself started billboards or started
murals, and the reason I'm going to put murals in this I'll get to in a moment. But I thought I'd
give you a little background on billboards. Billboards were prevalent throughout the City of
Miami. They were unrestricted. They were in excess of 600 billboards at one time. And this
City decided years before anybody sat here -- possibly other than the Chair himself, but I'm not
sure you were here for this -- to sue to reduce the billboards. For whatever reason they decided,
they decided that they would enter into settlements for these billboards, CBS (Columbia
Broadcasting System), Clear Channel, Carter. The fighting differences were profound. CBS
went to the mat. I think Carter was the one that didn't fight very hard. And Clear Channel was
sort of the baby bear in the middle. And what they ended up doing was they started an overall
reduction of billboards in terms of numbers. And essentially, the intent of all the settlements
was to remove billboards from neighborhoods, placing them instead on the interstate highway
system. Again, that predates everybody sitting up here, like it or not. The only modification
that has occurred has been with Clear Channel and that has been the advent of their digital
billboards. I'm not here to say whether you like them or you dislike them. However, when you
put up a digital billboard, you have a four -to -one reduction. Just so we're clear, prior to
anybody sitting up here, you had a two -for -one reduction, which meant you took down two
billboards in a neighborhood and you put one up on an interstate. If you were to do a digital
billboard, you had to take four billboards down in a neighborhood and you could put one up on
an interstate. And that became the policy of the City ofMiami pretty much, again, before any
of you gentlemen sat up here. Then came murals, and the reason I bring murals up, I'll get to
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Meeting Minutes April 14, 2011
that at the very middle part of my statement. Let me give you the background on murals, again
predating everybody up here. I don't know if it predated Commissioner -- the -- I'm sorry, the
Chair.
Chair Gort: Yeah.
Commissioner Sarnoff. But in 2004 and 2005 there were between 67 and 74 murals throughout
the City ofMiami, each and every one of them was illegal. They were all over the City. They
were content -unregulated and therefore could have complete utter commercial messaging.
When I first came on this Commission, it was predominantly the Mayor's item, and it was a
previous Mayor, and they were creating a mural ordinance. I wasn't very much in favor of
murals at that time, andl wanted to interject myself in the process, andl ended up primarily
being the drafter of the murals ordinance where when I picked it up, it was going to annually
bring us $60, 000 a year and it presently brings us $3.1 million a year. Now the content has
changed significantly and the amount has changed. The City now has presently 35 murals, 25
maximum per district, and you can only have 15 percent advertising message. The annual
amount that's brought to the City ofMiami is a little over $3.2 million if you factor in the police
station site, and the annual amount for billboards is approximately $1 million. It's actually a
little more than that. Now whether you like or dislike these things, they certainly are real
tangible amounts of money that come in annually to the City ofMiami for the general fund.
And if anybody doesn't believe what that means, I thought I'd give you a little depiction
because, you know, what is $4 million to the general fund? I could tell you that we'll be out of
budget next year or we'll have to reduce whether it's 16 million, 10 million, we really don't
know that until the ad valorems come out and we figure out how the sales tax shares come out.
We know that we're going to have to cut this operation somewhere, some way, but what is -- how
do we spend money presently in the general fund? And if we were to do away with this, what
would we have to get rid of? Well, elderly services. Presently this year they account for
92,500, although if the cuts go into the CDBG (Community Development Block Grant) as we
anticipate, I suspect you gentlemen will be increasing it to $362, 000, as I would be voting for it.
After school services are $1.2 million. The summer program services are $1.8, 788, 828 [sic].
NET (Neighborhood Enhancement Team) is $2, 254, 545. The homeless program is $196, 824.
Day care services are $834,579. Very easy to see what an annual cost of $4.1 million reduction
would do. Why do I even bring this up? The reason I bring this up is when we were at the last
meeting and we were in litigation, if you remember, we didn't know the outcome of the
litigation. The outcome of the litigation, though not definitive, was indicative that we would
win. And the reason I say that is Judge Ursula Ungaro dismissed the case for procedural
reasons. In other words, they could have the opportunity to refile. However, she did indicate
on page 222 and 23 that our ordinance was constitutional. If you all like to call that
telegraphing your punch as to what you think, we were doing well in litigation, but legislation.
Who would have known that somebody could have put before the Florida Legislature an
amendment to Florida Statute 479.075, called "Sign Permit Fee Limitations?" And without
belaboring the issue, in the House and now in the Senate there is a bill before our Florida
Legislature which would limit the City ofMiami to $500 per permit per sign and nothing else,
so you risk $4.1 million annual revenue stream going to $13, 000 a year. Now, right, wrong,
call it what you want; we do not seem to have the ability, with confidence, to say to anyone this
will not become law. I'm sure each and every Commissioner up here has done his due diligence
-- has done what he can and cannot do to determine whether House bill and the Senate bill will
become law. We've been briefed. I've been briefed on this five different times and I've been
given five different explanations, and the best explanation I've been given is you need to deal
with this and you need to get on with this. So what we were doing in litigation, we may not be
doing well in legislation. The ordinance change before us, which is EM.1, goes from a
two -to -one change to a one-to-one change with a payment plan. In other words, you have to
pay for that last billboard. I can make one suggestion to this Commission with regard to the
ordinance and then we can get to the settlement, and I'll bring this up. I think one way of
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Meeting Minutes April 14, 2011
improving the ordinance is the following language. At the time the City is requested to sign off
on the FDOT (Florida Department of Transportation), which I think is a 575 permit, the
applicant must demonstrate site control of the sign to be removed prior to the City's execution
of the FDOT form. I think that improves it some, but it nonetheless we go from a two -to -one
from a neighborhood -- a two -to -one -- we keep the exact number of signs identical as we would
always have; doesn't change. We do still get to remove one from a neighborhood and put it on
the interstate. I think you have -- andl don't know if this is correctly typified -- a Hobson's
choice. I call it Sophie's choice. You have no good choice to make today. Anybody remember
the movie Sophie's Choice? She was standing there by a train and the Nazis came up to her
and they said, "Give me your daughter or give me your son; one of them is going to die. " It
was a horrible choice to make. This Commission has no good choices to make today. This
Commission has been handcuffed. This Commission simply has to do what's in the best interest
of this City if we're going to reduce our budget by an additional $4.1 million. It can come from
feeding the elderly. It can come from transportation for the elderly. It can come from after
school programs. Or if you would prefer, since 85 percent of our budget is employee
compensation, we can certainly reduce that some more. We have Hobson's choices to make, no
good choices here to make. But what we can do is continue the policy of previous Commissions
and ourselves in reducing billboards, maintaining the mural income stream, and servicing the
needy of the City ofMiami because any other choice is a risk, and you have to do a risk benefit
analysis because we're simply going to risk the general fund in the depletion of certainly 4.1
million. And if any of you ever had any thoughts of the $2.5 million with regard to the Media
Towers, whether you like them or not, that's an additional 2.5 million that would no longer be
available based on this law change in Tallahassee. And l just wanted to put this before this
Commission with some perspective. I remember many, many years ago having a conversation
with a previous Mayor, and he said, you know, given my choice, I don't know that would have
put the high-rises right on the water, but they're there. You guys, or myself included our
choices are extremely limited and we're not going to be moving things around, so I bring that
to bear. I think I've described as best can. We have a horrible choice to make, but
nonetheless, a choice that I think we should preserve the income stream. Thank you, Mr. Chair.
Chair Gort: Thank you, Commissioner. Anyone else?
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Commissioner.
Vice Chair Carollo: Thank you. I'd like to start by saying you did a pretty good job, almost as
good as the assistant Planning director.
Commissioner Sarnoff.. I should go for that job.
Vice Chair Carollo: I know. That's -- that was a hint that you got. Anyways -- well, I don't
want to take anyone's job away. Anyways, approximately a year ago I heard a lot of talk about
transparency and transparency, and I'm not hearing that anymore. Therefore, I'd like to start
by saying that one of the reasons thatl wanted to be out here -- here in the Commission sitting
here is so there will be transparency in the government dealings. And therefore, I am going to
be asking a lot of questions to see exactly how is it that we are in the situation that we are. I
don't know who to pose the question to, but my first question is why is this an emergency? We
have EM.1, an emergency ordinance. Why is this an emergency? Can someone elaborate?
Mr. Martinez: I'll give it a shot. I think it's the -- if the settlement is going to be approved, the
ordinance needs to be changed to be consistent with -- if -- the ordinance needs to be approved
in order for it to be consistent with the settlement. If the ordinance takes its normal course --
first reading, 30-day second reading -- there's things that are happening in the Legislature, as
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Meeting Minutes April 14, 2011
Commissioner Sarnoff said, which could affect the City's business regarding billboards, so it's a
-- more of a timing issue.
Vice Chair Carollo: What are these things that are happening under Legislature?
Mr. Martinez: Well, I think they're proposing capping the fees that we collect from billboards.
Commissioner Sarnoff.. No. It's from outdoor advertising.
Mr. Martinez: And murals.
Commissioner Sarnoff.. All outdoor advertising.
Mr. Martinez: Well --
Vice Chair Carollo: Don't take his job, Commissioner Sarnoff. Don't take his job away.
Commissioner Sarnoff.. Okay. You're right. I -- you're right.
Vice Chair Carollo: Now, you mentioned the Legislature. Don't we have a liaison with the
Legislature?
Mr. Martinez: Yes, we do.
Vice Chair Carollo: Mr. Menendez, could you come forward so we could ask a few questions?
Kirk Menendez (Intergovernmental Affairs Liaison): Sure. Kirk Menendez, Office of the City
Manager.
Vice Chair Carollo: Mr. Menendez, do you think this is an emergency, this issue is important?
Mr. Menendez: Decision on whether it's an emergency is an administrative decision. I can say
that there is legislation, as the Commissioner and Deputy City Manager Martinez said, that
could eventually impact the City. We have our entire state team focused on it with first chair
Ron Book, second chair Corker and Johnson and Blair. We've had ongoing meetings and we've
briefed you. It's a formidable ladle, but I'm confident that we have a senior team on this matter
and we will fight it for -- and to protect the best interest of the City.
Vice Chair Carollo: Is it fair to say that you don't seem too concerned?
Mr. Menendez: Let me put it this way. Concern is not an issue. It's focus and determination.
Andl think just like all ofyou, I'm focused and determined to make sure that things go
accordingly, appropriately for the City on this matter. Andl understand that it has its effect on
the item before you today.
Vice Chair Carollo: So it's important, but you're not that concerned 'cause you think you're
going to be able to defeat it? Andl mean you, I mean the legislative team. Correct?
Mr. Menendez: We're determined to do so.
Vice Chair Carollo: When was the last time you gave us an update?
Mr. Menendez: We had an update last week. I believe Ron Book reached out to a few of you
recently. And since our collective meeting a week ago, nothing's changed in terms of the
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legislation.
Vice Chair Carollo: Yeah, that's why I asked. Because -- and your last update wasn't last week.
Your last update, unless I'm reading something wrong, was yesterday at 3: 52 in the afternoon
when you e-mailed (electronic) your legislative update, along with four out of the five or six
lobbyists that deal with Tallahassee's updates.
Mr. Menendez: Yes.
Vice Chair Carollo: I have not seen anyone crying, City, we're in trouble. The sky is falling.
We need to work on this. We need to all, you know, circle the wagons. We need to get you up
here to Tallahassee, speak to senators, speak to legislators. I'm not seeing that. So again, why
is there an emergency ordinance before us?
Mr. Martinez: My answer stays the same. It's the timing of -- the effect of -- if the Legislature
passes that it could have on the financial -- on our financial budget, on revenues that -- or
funds that we would derive from the billboards, signs.
Vice Chair Carollo: How come my legislative team is not telling me that? As a matter of fact,
Mr. Menendez didn't even mention it as an update, you know, in the e-mail, so I don't see the
emergency. I mean, again -- and I've said it before -- I view emergencies a little different. I
view emergency, 911, someone is dying. We need to get here quick. So you know, my
perspective may be a little different, but I'm not seeing this emergency. I mean, do you see the
urgency or does any of our God knows how many lobbyists see this urgency? And let me
rephrase that 'cause urgency is a word around the City that's a little sensitive. So I'm not seeing
the emergency. Are you or the legislative team? And if you are, how come it was not
mentioned in the reports, in your updates?
Mr. Menendez: I can say that the urgency could arguably increase as we reach the end of the
session, which is in the first week ofMay, which at that time we should know one way or the
other whether we were successful in defeating the legislat -- at that point, if the legislation goes
through as it stands today, then the -- there would be an impact, effective July 1, 2011, the City.
But at that time -- by that time the session will be over.
Vice Chair Carollo: Is the bill even in the Senate? Has there been a filing?
Mr. Menendez: It is not.
Vice Chair Carollo: I don't want to contradict one of my colleagues, but I thought that it had
not been filed in the Senate yet.
Mr. Menendez: Last I was told by our team, it was in the House. We were monitoring it, but I
could report back to you in a few minutes just to get an update on -- as of this morning.
Vice Chair Carollo: Well, you know, again, I don't see the emergency. And you're saying by
the end of -- by the first week ofMay. Don't we have another Commission meeting prior to the
first week ofMay?
Mr. Menendez: I believe you do.
Vice Chair Carollo: Madam City Clerk?
Ms. Thompson: April 28.
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Vice Chair Carollo: April 28. So we actually do have another Commission meeting prior to
the first week of May, okay. And the reason why I'm saying that is because there was two
substitutions -- or at least one substitution per agenda item in this matter, correct, Mr. Assistant
Mr. Martinez: Yeah.
Vice Chair Carollo: -- City Manager?
Mr. Martinez: Yes.
Vice Chair Carollo: And when was those substitutions handed out?
Mr. Martinez: Tuesday.
Vice Chair Carollo: Tuesday. Actually, less than 48 hours from this conversation, this meeting,
and so forth, correct?
Mr. Martinez: Yes.
Vice Chair Carollo: At the same time Commissioner Sarnoff is mentioning various numbers,
and I don't know if they're right or I don't know if they're wrong, but the bottom line is, I
requested those numbers. I requested them when we had the conference call with our lobbyists,
andl was told that would receive them. I received them yesterday after calling the Manager
and seeing where they were at 7 something at night. What I am saying is I can sit here and tell
you I don't know the accuracy of those numbers. And in all fairness, I would want a deferral,
first of all, 'cause I don't see the emergency, andl don't think there's been any statements made
here showing an emergency. And as a matter of fact, if there is an emergency, why didn't our
--well, four out of our, I believe it's six, lobbyists mention in their report that it's an emergency?
Why didn't you mention it in your report, which was provided to us at 3:52 in the afternoon
yesterday? Listen, where I'm going with this is if this is not an emergency, then let's take time
to really analyze this, maybe reach out to our legislation -- our legislators, senators, so forth,
and see where we're at because I don't know. I've seen this Commission -- other Commissions
go out to bat. And we just had Dade Days. I know I didn't go. I don't know if any of the
Commissioners were there. But I think if it was something that was really hurting our City, we
would have gone out there along with our legislative team and see what was going on, you
know. The report actually stipulates that we're not in this emergency or grave scenario. And
again, where I'm going with all this is that I don't see the emergency on this and, yeah, I'm
going to ask a deferral or, if not, I will, you know, five-day rule it. Thank you.
Chair Gort: Okay.
Commissioner Dunn: Mr. Chairman.
Chair Gort: Yes, Commissioner Dunn.
Commissioner Dunn: I just need some clarification on -- andl think that's what we've been --
you know, I'm hearing that it is an emergency, and I'm hearing it's not an emergency. I just
need some guidance. Someone needs to convince me.
Mr. Martinez: The emergency, as I view it, is from a planning standpoint. If we wait till the
next Commission meeting, the Legislature has gone far enough where you can't pull back the
legislation that could negatively affect us.
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Commissioner Sarnoff. Can I try to explain that a little bit?
Mr. Martinez: Sure.
Commissioner Sarnoff. This is going to be attached to a hundred page bill. It's going to be on
page like 73, and it's the appropriations bill for the entire state of Florida, Florida Department
of Transportation. It is not going to be sticking out like a sore thumb. And once it gets past a
certain committee level, it will just become automatic. And remember, the governor does not
have line item veto power. So while it's playing a game of brinksmanship, you have what do
you have to gain and what do you have to lose. It is a net sum analysis that this Commission
has to play. I'm a little surprised to hear the statements by Mr. Menendez because it was quite
opposite -- I never got my second Ron Book call, but I was supposed to get a second Ron Book
call; I didn't get it. I've made connection with the entire Dade Delegation up there, and the
best they can tell me is there's a very high potential this will become law. So if this does
become law, just so you know, you're all going to be facing a $4.1 million further shortfall next
year and, whether you believe it or not, care for it or not, a $2.5 million inability -- if you ever
want to do a media tower. That's all. That's the choice you have to make. And what was
trying to say very clearly is what does that choice mean not in some psychological terms of
dollars, but what is the real choice? Because you're either going to take it out of the
employees' compensation or you're going to cut elderly services, you're going to cut after
school programs. That's your choices.
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Yes.
Vice Chair Carollo: Okay. These are all the reports yesterday at 3: 42. I'm sorry. It wasn't
3: 52; at 3: 42. There's no mention of it. I've spoken to legisla -- as a matter of fact, I spoke to
the Senate president and he didn't see that urgency either. He actually told me "I like your
chances." So either we're getting different information or so forth. But if that's the case, why
do we have lobbyists? Why do we have our liaison? And that's what I'm saying, let's have
some transparency. Why isn't the media reporting on this if we're really going to lose -- or the
potential of losing all that money? And again, I want to see exactly what is the amount. I'm
not sure if it's 4.1 or so forth. I know this year we haven't gotten anywhere near 4.1 million.
And if you want, you could ask the Budget director to come and see if we actually have gotten
near 4.1. She's going to tell you no. So, yes, I know you're looking at the spreadsheet that I
was given at 7 something at night last night, so unfortunately, I have not had the time to review
it, and that's why I -- we -- I truly feel we need to defer this unless someone can prove to us that,
yes, there's an emergency, the sky is falling, and the whole nine yards; how it's portrayed in the
past.
Chair Gort: Okay. Mr. Vice Mayor [sic], I understand your concerns, and think there are
other concerns that you have that we've talked about the people taking your lunch away or my
lunch might have been taken away and I can see that point. But I -- we talk about
transparency. Yes, we have transparency in here because we have the sunshine law that was
passed by the legislators. But unfortunate, the sunshine law does not apply to the legislator.
Vice Chair Carollo: Exactly.
Chair Gort: They can get together in the back room and they can work any deal they want and
nobody knows about it. We have to bring it up in the open. My question was -- and I'd like to
see the different chances, opportunities that we have. I asked staff to give me a report -- andl
think you all receive copy of that report -- to give me the option what would happen if we
settled today, if we signed a settlement today, what would happen if we would lose in
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Tallahassee, and what would happen even if we win in Tallahassee? What is the benefit to the
City ofMiami? Because I have to look what is going to benefit the City ofMiami. And I'm
glad you bring all this point up here because I think it's important that we bring it up, but
unfortunate, I getting different feedback than you are. Andl think the legislator, like I tell you,
they don't have to do this in the public. They can do it in the back rooms and they can do it
indoors. They don't have to notify people. I think we've maintained our transparency by
bringing all these issues here and asking all the questions. So it -- if you guys would like to
listen to the three options, it be important.
Commissioner Suarez: Thank you, Mr. Chairman. I'm -- I've listened to what everyone has to
say. I'm ready to discuss this issue today. I am not particularly persuaded by the legislation.
I'm not fearful of the legislation. I think we took a -- you know, we took a hard line during the
litigation and the City prevailed and we were unanimous in that decision. But I'm ready to
discuss it now. I don't -- if we can discuss the merits of it, this package -- and the Vice
Chairman has every right to invoke the five-day rule on the substitutions that were given to him
beyond the five-day rule, you know, but I'm not sure what the changes have been in the
substitutions. I don't think that they're that drastic, but it's up to you. It's your choice, you
know, as far as whether or not you want to proceed with the discussion. I'm ready to proceed
with the discussion and analyze the deal on its merits and make a decision based on the merits
of the deal not based on some potential legislation that may or may not happen, our credibility
may or may not be at stake in Tallahassee. I don't know, you know, what kind of credibility we
have in Tallahassee to begin with. So you know, I'm ready to discuss the merits of the
legislation and make a decision. As far as whether it's an emergency or not an emergency, I
mean we're going to either decide it today or we're going to decide it in two weeks or we're
going to decide it in four weeks or in six weeks. I mean, I don't know that it's going to change
substantially in substance from what it is now. If you feel that it will, you know, I don't know.
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Yes, Vice Mayor [sic].
Vice Chair Carollo: I'm not saying it's going to change in substance or not. And what I've
always said, you know, vote it up or down. Andl truly feel, in the near future or in the future,
we're all going to have to justify our votes.
Commissioner Suarez: Absolutely.
Vice Chair Carollo: So I've always said vote it up or down, but give me the information so that
I can read with a reasonable amount of time so that can come up with my conclusion and vote
on it. When I am receiving information at 7 something at night, when I requested it on April 5,
you know, it's not correct, and that was the purpose of the five-day rule. That was -- that's
exactly why. You know, when we receive substitutions less than 48 hours ago -- and in all
fairness, yes, there was a lot of things that were changed, but -- I shouldn't say this because I'm
not an attorney, but you all know. You change one word, one word, and it could just be a
totally different agreement. So, yes -- I mean, you're ready to discuss it, but I'm not because I
don't have all the details. And once I have all the details, once, you know -- as a matter of fact,
even the numbers that Commissioner Sarnoff is giving, they may be correct. I'm just saying I'm
not sure. I could tell you this, I know that this year we have received nowhere near $4.1
million, so I'm not sure where those numbers are coming from. I don't know if that's from our
Finance Department. I'm not sure who's providing those numbers. If some -- actually, if
someone could tell me who's providing that spreadsheet -- I know I received it from Vanessa at 7
something at night last night, but --
Commissioner Dunn: Mr. Chair, while they're waiting, ifI may.
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Chair Gort: Yes.
Commissioner Dunn: Would you consider maybe tabling it?
Vice Chair Carollo: This is not a tabling --
Commissioner Dunn: It's not --
Chair Gort: This is not a table item.
Vice Chair Carollo: Yeah. This is --
Commissioner Dunn: Too voluminous, yeah.
Vice Chair Carollo: Yeah. This is -- yeah, this is voluminous. So -- you know, I make a motion
to request on EM.1, RE.13 and 14 to defer until the next Commission meeting.
Unidentified Speaker: Mr. Chair, ifI may?
Chair Gort: Sony.
Unidentified Speaker: It's a public hearing, I believe, Madam City Attorney.
Chair Gort: But I'm not open the public hearing. Will you please sit down?
Unidentified Speaker: Oh, I'm sorry.
Vice Chair Carollo: I made a motion. I don't know --
Chair Gort: Is there a second?
Vice Chair Carollo: -- if it's going to be seconded.
Chair Gort: Fail for lack of second.
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Yes, sir.
Vice Chair Carollo: I'd like to invoke the five-day rule then --
Chair Gort: Okay.
Mr. Martinez: Can --
Vice Chair Carollo: -- on EM.1, RE.13 and RE.14.
Mr. Martinez: -- we have a --?
Chair Gort: On all of them. Okay, what's the rule on the --?
Mr. Martinez: Can --
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Vice Chair Carollo: Once the rule is invoked, then there's no further discussion and it gets
deferred.
Commissioner Suarez: No vote.
Commissioner Sarnoff. I warned you about this five-day rule.
Commissioner Suarez: No. I warned you about the five-day rule.
Commissioner Sarnoff. No. I warned you about this five-day rule.
Chair Gort: I think it's good.
Vice Chair Carollo: Let me tell you something.
Commissioner Suarez: Oh, yeah, you did.
Vice Chair Carollo: In all fairness --
Commissioner Suarez: You're right. You know what, you're right, you did warn me about the
five-day rule.
Vice Chair Carollo: Let me tell you something. In all fairness, you know, we haven't had to
apply it here in the City ofMiami, and l figured sooner or later, we will. In all fairness, the
County has a four -day rule and you know what, it's used quite a bit. As a matter of fact, just a
week ago or so, Barbara Jordan invoked it. And you know what, the other Commissioners
respect it. They know -- you know what, it's fair. If the information would have been presented
within a reasonable amount of time and each Commissioner would have had the ability to read
it, understand it, or so forth within that time, then you've either vote it up or down. So it's not
something that's bad. It's used in the County quite a bit, and don't see the other
Commissioners either trying to find a loophole and do a special meeting or -- I don't see any of
that. I think, you know, they respect one another, and in all fairness, once it is invoked, they
just move on and, you know, have the opportunity to hear it within two weeks.
Commissioner Suarez: And let me just say -- I mean --
Chair Gort: Mr. Chairman, you have all the right to give them the five --
Commissioner Suarez: May I, Mr. Chairman?
Chair Gort: Yes.
Commissioner Suarez: You know, I think he's been very consistent about wanting information
within five days. I think there's no lack of consistency there. Andl think it's kind of a caveat
emptor type of situation, buyer beware. You know, you -- we've created kind of a precedent and,
you know, I -- the part that's difficult is that if, for whatever reason, the colleagues don't agree
on that particular issue, that's the hard part because -- you know, I mean, it can -- and we
talked about this when we did it. You know, there are situations where there's not going to be
consensus on whether something should be heard or not heard. And so should we allow any one
Commissioner -- and I'm not saying you're exercising arbitrary fashion at all 'cause I don't
think that's the case here.
Chair Gort: We all have that right.
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Commissioner Suarez: Yeah. It -- but it can be used in an arbitrary fashion, you know. And
when the vast majority of the Commission wants to hear an item 'cause they're prepared to hear
an item, you know -- I mean, this is -- we talked about it then. It's really not -- no need to
continue to, you know -- we've --
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Okay. Yes, sir.
Vice Chair Carollo: Andl view it a little differently. I view it -- something that Commissioner
Gort has said many, many times. When one of the Commissioners up here requests a deferral,
then he receives a deferral. I think, as colleagues, when one Commissioner, I think has
demonstrated the Administration -- it wasn't a few hours. It wasn't a day -- has demonstrated
that the Administration has not provided the information on time, I think -- at least my way of
thinking -- and again, my way of thinking is a little different. I was on the SWAT (Special
Weapons And Tactics) team for four years. We -- our level of team work is much -- it's at a
much, much higher degree than most usually. Anyways, when a colleague, you know, requests
a deferral, then I, for the most part, agree. Even where in some occasions I really did not want
to defer it, I thought it was bad and so forth, butt have followed that. As a matter offact, in
line with me always trying to be reasonable, I asked if this was an emergency, you know, if this
is going to put us in great peril. Andl have not received a definite yes. I have not received
that assurance from the Administration. And if they should have, then why didn't they put it in
writing yesterday when they gave us the update? They gave us an update yesterday with all the
lobbyists, and there was nothing out there -- as a matter offact, most of them didn't even
mention this in their update. Kirk Menendez didn't mention it -- didn't mention this in his
update, so what emergency is it? So I even went the extra step to see if, you know, we really
needed to do this. And the truth of the matter is, no. It could wait two weeks. And I'll go a step
further. Something that I've heard from my colleagues a lot, andl really didn't want to really
go into this, but the definition of insanity.
Commissioner Sarnoff. Is doing the same act and expecting a different result.
Chair Gort: Different result.
Vice Chair Carollo: Well, if you remember correctly, one of the reasons for this five-day rule
was a little project that had to be heard that day, even though I received the information at 8: 30
in the morning; had no time to read it and it was on a contract. And we heard it 'cause it was in
dire need; we had to hear it. We're still waiting on the results. I'll give you another one. Two
little towers that had to be heard, we had to vote on it so much so that we actually advertised
for the second reading prior to even having the first reading, assuming that we were going to
pass it because we just had to vote on it. We -- you know -- andl remember it. I sat right here
and said what's the hurry? Andl hear jobs, jobs. Andl said who are you kidding? Who are
you kidding? I mean, in all fairness, if we vote on it now or in two weeks, it's not going to
change -- and to be honest with you, where are they? I mean -- yeah, I hear now the blogs and
so forth. But anyhow, where are they? Couldn't we have really taken those two additional
weeks? So I mean -- you know, I pay attention to you guys, you know, andl just don't want to
go down the same road.
Commissioner Dunn: Mr. Chair.
Commissioner Sarnoff. Mr. Chair.
Chair Gort: Okay. Yes.
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Commissioner Sarnoff.. Just -- first off let me just say to Commissioner Carollo, the Vice
Chair, I should say. I absolutely respect you. I respect the way you conduct yourself. But I
was the only Commissioner that opposed the five-day rule. And the reason I opposed the
five-day rule -- I think it was 4-1 against -- was because one Commissioner could control this
Commission, and that's a lot of power. That's a lot of power. Now the information you're
getting, the information I'm getting is no doubt conflicting, but don't think the person that we
asked -- you know, my mother used to say never go to a butcher shop and ask the butcher how's
the meat. He's going to say it's fine. Never go to a fish guy and say how's -- you know, how's
the fish? Just caught it. I don't know if you go to a lobbyist and you say to him, how's the
lobbying going? Just great.
Chair Gort: Fine. We're doing great.
Commissioner Sarnoff.. You know. I mean, maybe ifI went to the butcher shop and asked him
how the fish was, he'd really tell me. I don't know. So there is a person sitting here, and it's the
Mayor. Andl want to hear from him, whether he thinks this is an emergency because he is the
politically most sensitive person here, andl think we should hear from the Mayor as to whether
he thinks this needs to be addressed. Sorry to put you on the spot.
Mayor Tomas Regalado: No, no, no, no. It's fine. I really believe that there is great possibility
that this law passes the House and the Senate. I really believe that this -- that the purpose of
this bill that was introduced was to put pressure on the City. I really believe that our state
Legislature are not helping the City at all. I really believe that the lobbying team is incapable
of doing the work that they're supposed to be because some people have tremendous power in
Tallahassee. Andl really believe what the Chairman said, that in Tallahassee, they go into a
closed door or to a bar or to a restaurant and they make a deal and nobody knows about it, and
the deal becomes law. I am very, very disappointed with, number one, the lobbying team;
number two, our state Legislatures; andl'm very disappointed with our federal Legislature and
another -- but now that you mention -- I mean, the Vice Chairman receive an email from the
chief of staff of Senator Marco Rubio thatl was shock, as he was, to read, flatly denying the
City ofMiami request to help the elderly and to help the children with the waiver that we're
seeking with the CDBG. So you know, guys, we're here alone. Andl think that the Legislature
is like a court; nobody can predict what's going to happen because somebody is going to need a
vote for a bill in Apopka or Ocala and they going to make a deal about the vote, you know. I
am not going to call for a special meeting. We just -- if that is the will of the Commission, we
wait until the second meeting in April, but I will tell you. Regardless of the number of money
that we are getting from the billboards, and the industry, and all these issues, it's a substantial
amount of money. And if we don't have it, we have to cut. You know, we cannot even -- as I
remember the last budget that there was mention well, why don't we consider rollover and this
and that because that hurts the people ofMiami. So we're going back to the situation that you
face last September that we're going to have to cut and cut and cut. And you know, we're
fighting for the protection of the senior centers as we speak. We don't know if we are going to
succeed. We do not have support in the senate, in the federal senate. Senator Bill Nelson is not
helping. Senator Marco Rubio says he's not going to help. So we are in a difficult situation.
So I don't -- you know, like I said, I think that there is great possibility that this bill passes in
the Senate. Like you said, it's been attached to a transportation bill. Nobody reads that.
Nobody cares about that. So I don't know. Is the lobbying team able to stop that? I really
don't know because I have spoken to our state representatives, some of them, and senators, and
they say, well, you know, we have many issues. They were not committed not to say we're going
to fight for you guys. It's very strange what is happening in Tallahassee because the policy in
Tallahassee -- andl'm sure that you know, Marc -- is no local options. There was a bill that we
tried to support that will give a certain area of the City ofMiami the possibility of keeping the
sales tax in that specific district so we can have a major development in the City ofMiami. It
would not affect anybody. It would not affect the City because there's nothing there, so we don't
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- - we're not getting anything. And yet, they wanted to do this bill. And they say, no, we cannot
do it because we are not doing local option. Andl spoke to the majority with Representative
Carlos Lopez Quintana. Oh, I wish I could do it, but we don't do local option. There is the
Speaker and their senate president has said that there's no way the local option will be
approved in this session, and that's why we cannot do this beautiful project that everybody
would have loved. But yet, this bill that is in the House -- andl -- probably going to the Senate
- - is a local option, so you tell me. I don't know. I am very skeptical. I don't know what's
going to happen on the Legislature, but ifI have to bet, I say it will pass.
Commissioner Dunn: Mr. Chair.
Mayor Regalado: And that's that. I do respect the issue of not having the information five days
before. I do because I used to complain about that, so I do respect that. So that's why I would
not be calling for a special session. The City Commission can do it. It's either the Mayor or
the City Commission. We could wait. You can revisit the issue if you want to, but that's my
opinion, and my opinion is that I think it's a 50-50 chance. I cannot guarantee that this bill is
not going to pass.
Chair Gort: Thank you, Mr. Mayor. Let me see ifI can come up with the -- The five-day rule
is something that we pass, andl will support it. But at the same time, I think this is very
important. I would like to, once you have all the information and with the time to have another
special meeting because I believe this issue is very important for the City ofMiami. Now it's a
shame that we have been working -- my understanding, you've been working on this for two,
three years. And we've been working since I've been here for -- on this issue and the five-day
rule is applied in this issue today after it's been discussed for so many times. So I kind of agree
with the Vice Chairman. I think we have to support it, the five-day rules [sic] because that's
something we voted for. But at the same time, I'd like to have a special meeting because I
believe this is very important to us. And this special meeting whenever -- and we should set it
up as soon as possible, as soon as you (UNINTELLIGIBLE) complying with your seven-day
rules or five -days [sic] rules [sic]. I would like to all the following information to have all the
questions that have been asked. I asked andl want to make sure everyone gets the three
options. What happens in all three scenarios, those three options that I mentioned a little while
ago? At the same time, I'd like to get an opinion from our lobbyists -- I mean, we're paying
them.
Vice Chair Carollo: We have it.
Chair Gort: We want to know. No, no. I want it -- look, this is -- written opinion that they send
- - one of the problems that we have today, people don't want to write anymore, people don't
want to send anything in e-mail. I want an opinion, what they think about this bill in
particular, how they feel it is. Andl want them to write it, one way or the other, butl want to
hear from them. But the most important thing is the three scenarios. If we approve what we
have today, if we lose in the legislative [sic] and even if we win, what is the difference -- what
difference it makes to the City ofMiami? And that's my question.
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Commissioner.
Vice Chair Carollo: Thank you. I just want to end by saying that are you telling me that the
updates they gave me, I should just throw in the trash and forget about it? 'Cause that's what
they did, they gave us the updates. It's in writing. And one of them -- well, you know what, I'm
not going to do everyone's homework. Let everyone go and find it and request public records
and see exactly what they wrote, see -- because some of them have outright said that it's not
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Meeting Minutes April 14, 2011
going to go in the Senate, so -- and not to mention, some of them don't even mention it at all,
the reason why I was saying what's all this emergency. Why can't it wait two weeks? I was
discussing -- 'cause I hear the rumors and so forth -- with County Commissioner that has been
in office probably longer than all of us put together, and we were discussing -- and we couldn't
think of one time out of all the numerous times that a -- they have a four -day rule -- have been
invoked where they then call a special Commission meeting. And this is someone who's been in
government for quite a while. As a matter offact, if we put all of years put together, he's got
more. So it's just -- you know, there's a reason for it. It's not like it's a bad thing. As a matter
offact, in the County, they don't even discuss it. They just say hey, I invoke the four -day rule.
Okay, that's it. And then move forward. As a matter offact, it just happened a few -- a week
ago or so when they were going to discuss again whether the charter or so forth, andl believe it
was Barbara Jordan that said, hey, I invoke the four -day rule. That's it. It's over, you know.
We'll wait two weeks. And that could have had some drastic changes, you know. But with that
said, you know, Mr. Mayor, I hear what you're saying and at the same time, I disagree with
what you're saying because I don't see -- if it's really -- I could tell you, I haven't because, you
know -- unless you're telling me throw this away; this means nothing. Our governmental liaison
is full of it. Unless you're telling me that, I don't see an emergency. I don't see, you know, the
sky falling because I would have started writing letters to all of our legislators, our senators. I
don't see any of us doing that. I don't see any of us trying to reach out to them and so forth.
Yeah, we reach out here and there, but I don't see us going up there and fighting for it. I don't
see anyone asking why would the legislator do this to a municipality when they know, just as
well as we know, that everyone is trying to, you know, obtain as much revenues as possible and
providing the same amount of service. What is the reasoning for the legislator -- the
Legislature to do this to us? What is the reason? Who is involved? That's whatl mean about
transparency. I mean, in all fairness, yeah, they don't abide by the same rules that they made
for us. They can speak, you know, and do backroom deals. But at the same time, there has to
be reasons for it. Why was this placed in a bill? Who's pushing for it? Why are those people
pushing for it? I think maybe, you know -- you know what, maybe a special Commission
meeting wouldn't be that bad because finally, we would shed some light on some of this and
finally, the media will pay attention and say, hey, what's going on here. Is there backroom
deals in Tallahassee? Why are they picking on the City ofMiami? They know the issues
because they need to cut I don't know how many billions of dollars. They know the need for
revenues. Why out of the blue are they going to drastically hurt the City as far as obtaining
revenues? You know, so maybe it wouldn't be a bad thing, you know. But all could tell you is
that invoking the rule has not been a big deal. I could tell you, the County has done it many,
many a times. And I've never known of a time that there has been a loophole where then they
call a special Commission meeting, unless -- and even then, it hasn't happened. But unless
there's some dire need where the sky is falling and -- at least, you know, how it's portrayed now
and, you know, there's some real emergency, but I just don't see it.
Chair Gort: Okay. Commissioner Dunn.
Commissioner Dunn: Just -- I'm, you know -- you have consistently talked about getting
information in a timely manner. I've got to --
Chair Gort: Yeah.
Commissioner Dunn: -- give that to you hands down, and I respect you to the utmost, Vice
Chairman Carollo. I believe, though, there is some extenuating circumstances here that --
again, I don't know. We've been trying to find out is there emergency, is an urgency. But I
believe -- and one of the things that I do appreciate on this dais is our ability for congeniality --
collegiality, rather. We've been really respecting each other and that kind of thing in terms of
what is -- but I think the mere fact that there was not a second on the deferral indicates that
maybe that we really, as a whole, are prepared to move on. The five -door [sic] rule, fine. But I
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think what needs to be considered is the fact that we have this special meeting, but I also want
to ask the City Attorney -- not to try to undermine the fact -- could you explain -- and not to
undermine what you've done. I respect that and I'm prepared to deal with that. What does the
five-day rule actually entail? I voted on something and I don't --
Julie O. Bru (City Attorney): Okay. I think the best way to answer, Commissioner, is just to
read it to you. It says a copy of each agenda item, including each resolution and ordinance and
all attachments and backup material, shall be furnished to the Mayor and members of the City
Commission at least five full business days before each regular City Commission meeting, with
the exception of veto items.
Commissioner Dunn: Okay. And what does that mean when it's invoked? That's what I'm
saying. I understand that part --
Ms. Bru: Okay.
Commissioner Dunn: -- but was that -- is that final? Is that --?
Chair Gort: Yeah.
Ms. Bru: And it says this rule shall be deemed suspended, so the rule doesn't apply unless
invoked by a Commissioner before the Commission takes action on the resolution or ordinance
in question. Once the rule is invoked, no action can be taken on the resolution or ordinance
unless the rule is suspended by a unanimous vote of the Commissioners present.
Commissioner Sarnoff. Well there's an impossibility.
Chair Gort: That's it. No. Okay.
Commissioner Dunn: No. I'm -- no. The reason I'm -- so I'm saying -- so suspended -- and I'm
going to keep asking for these definitions 'cause I'm not, you know, a lawyer up here so you
guys got to help me. Suspended means what?
Ms. Bru: The way that --
Commissioner Dunn: Indefinite? Is that indefinite or is -- that's final?
Ms. Bru: The way the rule operates is that normally the rule is suspended, so from time to time
I am sure that we have entertained items that were not fully completed, that they were
substituted. So the rule is suspended. The rule is suspended unless somebody actually invokes
it. So in this particular situation today --
Chair Gort: It's been invoked.
Ms. Bru: -- the rule was invoked, so --
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Yes, sir.
Vice Chair Carollo: Maybe I could shed some light.
Chair Gort: Yes, sir.
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Vice Chair Carollo: I believe it was CA.4, there was a substitution on the floor. Unless we
think it's really important or something that we really need to go over or is a dire need, we just
-- we could just vote on it. We accept it. So it's automatically suspended. However, if one of us
would have said hey, you're giving this substitution now. You're giving us this additional
information now. We haven't had time to read it and so forth. Therefore, I invoke the five-day
rule. It's not within the five full business days. Then that's when it just gets automatically
deferred to the next meeting, or at least it stops. You can't -- you don't -- you can't take action
so it goes to the next meeting.
Commissioner Dunn: So --
Chair Gort: Okay.
Commissioner Dunn: Go ahead.
Chair Gort: Okay. Go --
Commissioner Dunn: I --
Chair Gort: No. Go ahead.
Commissioner Dunn: So in the interim -- if a special meeting is called, how would that factor
in?
Ms. Bru: The rule does not apply to special meetings.
Chair Gort: My understanding is it's -- andl can see the County might not never have a
special meeting after it's being -- the four -day rule has been invoked, but myself personally, I
believe this is a very important issue for the City ofMiami. I think it's something -- there's a lot
of questions that been asked that should be answered. I would like to see a special meeting, if
possible, with all the questions that have been asked here to be answered.
Vice Chair Carollo: Is it possible to have our lobbying team at the meeting?
Chair Gort: I'd like to have all the information that we can, yes.
Vice Chair Carollo: Because a lot of the questions I've been asking is of the lobbyist team.
Chair Gort: Correct.
Vice Chair Carollo: In all fairness, they haven't set off the alarms. They really have not.
Chair Gort: I understand that. That's why I'd like to have special meeting just for this so we
can have all the answers to all the questions that we have.
Mr. Martinez: May I just -- may I make an observation? The lobbying team is in the middle of
session. I don't know if they're going to come down for our special meeting when we set it.
Chair Gort: They don't have to come down, but I want a report from them in this particular
issue alone.
Ms. Thompson: Chair, before you move on, may I ask a question, please?
Chair Gort: Yes.
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SR.1
10-01296
Office of Strategic
Planning, Budgeting,
and Performance
Ms. Thompson: For clarification, I just would like to check with Vice Chair to make sure that
his invoke -- when he invoked the five-day rule --
Chair Gort: That's been invoked.
Ms. Thompson: -- EM.1 ?
Vice Chair Carollo: On all of them.
Chair Gort: All of them.
Ms. Thompson: Right.
Vice Chair Carollo: Right, 'cause we took them all together.
Ms. Thompson: EM.1 --
Chair Gort: Yeah.
Ms. Thompson: -- RE.13 and RE.14?
Vice Chair Carollo: Correct, ma'am.
Ms. Thompson: Thank you. I just wanted to note that in my record. Thank you.
Vice Chair Carollo: Thank you.
END OF EMERGENCY ORDINANCE
ORDINANCES - SECOND READING
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 Sarnoff, that this matter be
WITHDRAWN PASSED by the following vote.
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Meeting Minutes April 14, 2011
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
SR.2
11-00144
Department of
Building and Zoning
ORDINANCE
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
Motion by Commissioner Dunn II, seconded by Commissioner Sarnoff, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II
Absent: 2 - Commissioner(s) Carollo and Suarez
13261
Commissioner Sarnoff. Take lunch?
Chair Gort: Let's take a couple items. SR.1.
Commissioner Sarnoff. That's off. I think it's --
Barnaby Min (Zoning Administrator): It's withdrawn.
Commissioner Sarnoff. It's withdrawn. Withdrawn.
Chair Gort: Withdrawn. That's right.
Commissioner Sarnoff. SR.2.
Chair Gort: SR.2.
Mr. Min: Barnaby Min, with the Office of Zoning. SR.2 is an amendment to the Chapter 4 of
the City Code to expand the Wynwood Cafe District. The only difference between first reading
and second reading is between Northwest 5th Avenue and Northwest 2ndAvenue. The district
increased from Northwest 26 Street to 27th.
Commissioner Dunn: Move it.
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Meeting Minutes April 14, 2011
Chair Gort: Okay. Thank you.
Commissioner Sarnoff.. Second.
Chair Gort: There's a motion by Commissioner Dunn, second by Commissioner Sarnoff. This
is a public hearing. Anyone would like to address this issue? Being none, close the public
hearing. No, it's not a public hearing. It's a resolution.
Priscilla A. Thompson (City Clerk): Yeah. No. It's a ordinance.
Commissioner Sarnoff.. Ordinance.
Julie O. Bru (City Attorney): It's an ordinance.
Chair Gort: Okay. It is an ordinance.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Thompson: Your roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been adopted on second reading, 3-0.
SR.3 ORDINANCE Second Reading
11-00107
Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
Facilities 53, ARTICLE II, DIVISION 2 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED (THE "CODE"), ENTITLED "STADIUM AND
CONVENTION CENTERS/CITY STADIUMS/MARINE STADIUM", TO ADJUST
FEES RELATED TO THE USE OF THE PARKING LOT AT MARINE STADIUM
TO BE COMPARABLE WITH OTHER GOVERNMENT IMPOSED FEES FOR
SIMILAR FACILITIES, MORE PARTICULARLY BY AMENDING SECTION
53-53 (B)(1)(C) OF THE CODE; CONTAINING A SEVERABILITY CLAUSE
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
11-00107 Summary Form.pdf
11-00107 Legislation.pdf
11-00107-Submittal-Letter-Donald Worth.pdf
11-00107 Summary Form FR/SR 03-24-11.pdf
11-00107 Legislation (Version 2) 03-24-11.pdf
11-00107 SR Legislation (Version 2) 04-14-11.pdf
Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II
Absent: 2 - Commissioner(s) Carollo and Suarez
13262
Chair Gort: Okay, next is --
Madeline Valdes (Director, Public Facilities): Good morning. Madeline Valdes, Department --
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Meeting Minutes April 14, 2011
RE.1
11-00083
Office of Strategic
Planning, Budgeting,
and Performance
RE.2
11-00273
Chair Gort: Yes.
Ms. Valdes: -- of Public Facilities. SR.3 is an ordinance on second reading amending Chapter
53, Article II, Division 2 of the Code, City ofMiami, entitled Stadium and Convention
Centers/City Stadiums/Marine Stadiums [sic]. This ordinance adjusts the fees for the use of the
parking lot. At the last Commission meeting, it was a request of a Commissioner that we adjust
the language to include a fee of $1, 000 for the setup fee and the dismantling fee, and that fee
would only apply to one day for each. We have done that modification as requested. And are
there any questions?
Commissioner Sarnoff.. So move.
Commissioner Dunn: Second.
Chair Gort: It's been moved Commissioner Sarnoff, second by Commissioner Dunn. It's a
public hearing. Anyone would like to address this issue? Show none. It's an ordinance.
The Ordinance was read by title into the public record by the City Attorney.
Priscilla A. Thompson (City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been adopted on second reading, 3-0.
Ms. Valdes: Thank you.
END OF ORDINANCES - SECOND READINGS
RESOLUTIONS
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 Sarnoff, that this matter be
WITHDRAWN PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
RESOLUTION
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City Commission
Meeting Minutes April 14, 2011
Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
Improvements CITY MANAGER TO EXERCISE THE CITY OF MIAMI'S SECOND OPTION TO
Program RENEW THE PROFESSIONAL SERVICES AGREEMENT, DATED MAY 6,
2008, WITH POST BUCKLEY SCHUH & JERNIGAN, INC., FOR AN
ADDITIONAL ONE (1) YEAR PERIOD, FOR THE PROVISION OF CAPITAL
PROGRAM SUPPORT SERVICES FOR THE MULTI -YEAR CAPITAL
IMPROVEMENTS PLAN.
11-00273 Summary Form.pdf
11-00273 Pre Legislations.pdf
11-00273 Legislation.pdf
Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II
Absent: 2 - Commissioner(s) Carollo and Suarez
R-11-0158
Chair Gort: RE.4.
Tony E. Crapp, Jr. (City Manager): RE.2 is the next item, Mr. Chairman.
Chair Gort: Oops.
Alice Bravo: Good morning. Alice Bravo, Capital Improvements director. RE.2 is a resolution
to execute the City's second option to renew the professional services agreement --
Commissioner Sarnoff. So move.
Commissioner Dunn: Second.
Chair Gort: I'm sorry. Finish it.
Commissioner Sarnoff. Sorry.
Ms. Bravo: -- for Post Buckley Schuh & Jernigan, which -- whose name is in the process of
being changed to Atkins Engineering for a provision of capital program support services.
Commissioner Sarnoff. I apologize. Move it.
Commissioner Dunn: Second.
Chair Gort: Okay, it's been moved and second. Any discussion? Being none, all in favor,
state it by saying iiye. "
The Commission (Collectively): Aye.
Chair Gort: Thank you.
RE.3 RESOLUTION
11-00192
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Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
Improvements ENDORSING THE MIAMI TROLLEY PROGRAM AS DESCRIBED HEREIN
Program AND DIRECTING THE CITY MANAGER TO PROCEED WITH THE
IMPLEMENTATION OF THE HEALTH/STADIUM DISTRICT TROLLEY AND
THE BISCAYNE/BRICKELL TROLLEY SERVICE AND THE ADDITIONAL
OPTIONAL ROUTES OF OVERTOWN/ALLAPATTAH AND CORAL WAY, AS
STATED HEREIN; AUTHORIZING THE ADMINISTRATION TO CHARGE A
$1.00 FARE PER TROLLEY BOARDING, FOR REGULAR SCHEDULED
SERVICE AND $2.00 PER TROLLEY BOARDING, FOR SPECIAL
EVENT/CHARTER SERVICE; FURTHER APPROVING A COLOR SCHEME
FOR THE EXTERIOR PAINT OF THE TROLLEY VEHICLES CONSISTENT
WITH THE OFFICIAL CITY OF MIAMI COLORS.
11-00192 Summary Form.pdf
11-00192 Legislation.pdf
11-00192 Exhibit 1.pdf
11-00192-Submittal-Adminstration-Potential Trolley Color Schemes.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.3 was deferred to the Commission meeting scheduled for April 28,
2011.
Chair Gort: RE.3.
Alice Bravo (Director, Capital Improvements): RE.3 is a presentation of a memorandum that
we prepared that outlines the various components of the trolley program as it's being proposed
by the Administration. In this memorandum, we outline the different funding sources that are
being used for the operating and for the capital acquisition of the trolleys themselves as far as
various elements, fare structure, color schemes, routes, hours of operation, and just the various
elements presented in a orderly fashion.
Commissioner Sarnoff. So move.
Commissioner Dunn: Second.
Chair Gort: It's been moved --
Commissioner Suarez: Whoa, whoa, whoa, whoa --
Chair Gort: -- and second.
Commissioner Suarez: -- whoa, whoa, whoa. I have some questions. Can I ask some questions
before we vote?
Chair Gort: It's -- no, no. It's been moved --
Commissioner Sarnoff. There's only a motion.
Chair Gort: It's a motion and a second.
Commissioner Suarez: No, but I thought we were going to take a vote there before I even had a
chance to --
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Chair Gort: A motion by Commissioner Sarnoff, second by Commissioner Dunn. Discussion.
Commissioner Suarez: Thank you, Mr. Chairman. I'm sorry for my rude interruption there. I
have a couple of questions regarding this program. I think everybody knows that I've been an
advocate of the program; that I think it's a good program. However, there are several people
who have -- you know, in one case, it's -- a president of one of my, you know, biggest
homeowners association who happens to be a transit person who has expressed some issues
regarding some of the aspects of the program. Andl have some reservations about some of it,
and particularly the resolution. Section 3 of the resolution resolves that the City's going to
charge a dollar and then it's going to charge two dollars on special events. And if you look at
the e-mail (electronic) that was sent by Ms. Bravo yesterday and you look at the cities that
participate in a trolley program, you'll see that all of the cities, with the exception of Hialeah,
do not charge for trolley service, the city of Doral, the city of Coral Gables. I'm not sure what
other cities. Homestead, I think, was another one. There is I think five or six cities that don't
charge for the trolley service, and the only one that charges is Hialeah, and then Miami Beach
charges a nominal fee, which may be increased because I understand that they have some
issues with Miami -Dade Transit. What I would request -- I mean, that's just one issue that I
have with the proposal as it's -- and by the way, it was a very comprehensive and well -written
memo, andl appreciate that. Another issue I have actually is the Brickell line, for example --
and this is your district, Commissioner -- I think it should go longer than 8 o'clock at night. I
don't think it should only go till 8 o'clock at night. I think it should go till midnight. I mean, if
you're going to have -- or some time beyond the dinner crowd because you have people going to
dinner, bars, et cetera. We don't want them driving in their cars when they're drinking, so if
they're living in one of the buildings in Brickell and they're going to a bar, we want them using
the trolley system, as happens with college campuses and things like that where college students
who are of age -- of drinking age are -- kind of trolley back and forth from their campuses. So I
think that's another issue that have with the plan. I think there are stakeholders in this
community that would like to have a little more time to analyze the plan, andl think, you know,
they've been proactive in their efforts to reach out to our office particularly, and -- so I mean, I
personally would like it at least to be deferred for one Commission meeting, but you know, if it
-- if the will of this Commission is not to defer it for another Commission meeting -- andl know
that we have had this -- this issue has been coming up, andl know the frustration is that it's not
really going forward, andl think at some point we do have to -- andl think at some point very,
very shortly, we have to say, listen, it is what it is. Vote it one way or the other and let's move
on, you know. But I would respectfully request, if the Commission is so inclined, to give a one,
you know, Commission meeting extension so that some of the stakeholders can opine. Andl
think actually having reviewed the memo and the legislation very, very carefully -- in fact,
picked out one typo -- I think that they would be placated a lot by having the opportunity to sit
down because their -- what they don't -- what they may not understand because they didn't
given -- were not given enough time to analyze this is that their input has been incorporated
into this plan, and I'd like to show them the different areas where their input has been
incorporated into the plan. And in the areas where it hasn't, I'd like to sit with staff and say,
look, these are some of the issues, one of them being the time of operation, another one being,
for example, Coral Way, which I personally would love to see happen tomorrow. Unfortunately,
that is the line that has the lowest ridership, projected ridership. And so it's harder for me to
convince some of my stakeholders in my district that hey, we should go with that line. So what
I've kind of agreed with them is let's let the health district go first and let's let other districts
that we know, you know, that have the highest projected ridership go first, establish a baseline,
and then we can move forward once we have a track record of demonstrating that we can run
them efficiently, then we can go with lines that are a little more speculative. I also asked Ms.
Bravo last night -- and I'm sorry I kind of put her on the spot because we, you know, hadn't had
a chance to read the memo until very, very late in this process. I asked her worst -case
scenario, our two best lines, whichever they end up being, could we operate them without
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Meeting Minutes April 14, 2011
charging any money? And could they be sustainable with simply our PTP funds? And I'm not
sure that there was a definitive answer, but I think it can come very close. I think -- I don't want
to put words in your mouth, but I think based on the modeling, it can come close and, you know,
maybe with the exception of being able to refurbish our capital buying new trolleys 'cause it's
always that we're going to buy are not going to last forever and we 're going to have to buy
trolleys in the future, assuming that the system is, you know, sustainable and successful and that
there isn't some other system that comes in and becomes a mass system, which is another
heartburn that have with the whole thing. I think the community was sold -- andl know that
this is getting into the technicalities of the half cent. I think the community was sold on the half
cent as a mass transportation system and expansion of our mass transportation and what
they've got is a far cry from that, and I think they're pretty upset, you know, and I think -- you
know, in my dealing with the MPO and with members of the community, I think they feel like
they were not -- andl think this is the City's attempt to try to rectf that a little bit andl hope
that we're successful. Andl -- like I said, I'm an advocate of it, but I would request at least one
more meeting to analyze it and to discuss it with some stakeholders that are important, if the
Commission doesn't --
Vice Chair Carollo: Make it as a motion.
Commissioner Suarez: They've already moved the item and that's why I kind of --
Chair Gort: There's a motion --
Commissioner Suarez: -- quickly --
Commissioner Sarnoff. Mr. Chair, let me -- can I be recognized?
Chair Gort: Sure.
Commissioner Sarnoff. Mr. Chair, let me -- Can I be recognized?
Chair Gort: Sure.
Commissioner Sarnoff. Let me -- Commissioner Suarez, I will withdraw my motion. I would
also invite my esteemed colleague to come with me, as I now reside downtown, and show you
what a free cost of transportation looks like, the urine smell, and who shares that ride with you
throughout the day.
Commissioner Suarez: Well, I will do it. I will absolutely do it, particularly if it -- you know,
even if it has to be noticed. We'll notice it or whatever. Andl think what you're referring to is
the Metromover. And I think -- I still think it's a little bit of apples to oranges 'cause I don't
think that this particular mode of transportation -- if you look at Ponce, for example, or Doral,
I don't think that, you know -- I hear what you're saying. I just -- you know, that's the one issue
that l just have a hard time with, you know.
Commissioner Sarnoff. I think it might work in your district, but when you get downtown and if
you have afree ride and if it's air conditioned, I can tell you who will spend the day there.
Commissioner Suarez: Two other quick points. We have hours of operation that begin at 6:30
in the morning. Andl could tell you in Coral Way, for example, that doesn't really make any
sense 'cause no one is using that to commute from their car to their office. The second point is
-- andl don't know how legal this is and maybe different areas there can be different fee
structures. If there's an area where there's a problem because of whatever the problem is, we
could charge in one area and maybe not charge in another area because there's a different
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Meeting Minutes April 14, 2011
dynamic going on. I'm not sure if that's an equal protection issue or --
Commissioner Sarnoff.. No, andl --
Commissioner Suarez: -- you know, how that works.
Commissioner Sarnoff.. -- I'd be more than willing to explore that, but I could tell you one of
my intentions -- and this will be my vote regardless. I don't think could be swayed -- it is to
demonstrate that we have a cap ' X, " which means that a certain percentage of this money is
put towards our future needs, whether it's replacing a diesel engine or inevitably replacing the
actual vehicle itself and equally, that we get out no less than 2017 to show that we can operate
this. 'Cause you have to be able to show operational dollars for a very long period of time.
Every time we take away from a dollar or -- I thought the two dollars for a special event -- and
again, I'm thinking in terms of you know, the PAC (Performing Arts Center). I'm thinking in
terms of the Heat game, you know. The Heat game, it's $30 to park. Well, I'd like to spend two
bucks to get there; it's much cheaper. The Brickell folks, I think, would love that. The PAC, it's
probably closer to $20 to park, but I think the special event fees were great. The dollar fee, it's
convenience --
Commissioner Suarez: And --
Commissioner Sarnoff.. -- you know, in terms of the one dollar bill versus, you know, a dollar
fifty or a dollar seventy five. Or I'm sure there'll be a card of some sort, a swipe. I'm
encouraged to hear you say that maybe we should operate Brickell later. However, that's a
cost too.
Commissioner Suarez: I agree.
Commissioner Sarnoff.. Everything has a cost.
Commissioner Suarez: Andl think in all the different models, the time horizon of our funding
fluctuates on the basis of the little tweaks. You know, I'm not really against a $2 for a special
event because I think that may be a specific situation where you can justify $2 for a special
event 'cause they're actually going -- you know, using modality during a short timeframe,
maybe half an hour or an hour before a game specifically to get from -- you know, you can
presume that most of the riders will be using it specifically to get from PointA to Point B. Or if
they get on atPoint A, get off at Point B, then they pay the $2. Andl know there is that Easy
Pay system, which may be able to determine that or whatever. But I think for -- I think actually
for the success of the line and the ridership, it's also important. I was actually going to make
the opposite argument that it be free because of the ease of the system. One of the great things
about the Ponce line -- andl used to work in Coral Gables -- is you could be on Ponce and
Aragon and go to a restaurant, you know, five blocks down. You jump on, you jump off or you
go to the bank to make a deposit; you jump on, you jump off. You don't have to have a dollar,
which a lot of times people don't have -- carry cash. Or if they have cash, they have a five or a
ten or a twenty and they don't have a dollar. Just things to think about. But I -- I'll go see the
Metromover line.
Chair Gort: Thank you. Okay, the --
Commissioner Sarnoff.. I withdrew my motion.
Chair Gort: You withdraw. You withdraw your second, okay. Your motion is to defer for the
next meeting.
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Commissioner Suarez: Yeah, just for one meeting.
Vice Chair Carollo: Second.
Chair Gort: Okay, it's been move and second. Any discussion? Under discussion, we have to
look at the city as different neighborhoods have different needs. I think -- my understanding
was the study has shown that the health districts and the Brickell area should be in operation by
now. It should have been in operation a long time ago. I would like to see -- I agree with the
perception that maybe we should have certain charge depend on the neighborhoods. My
understanding, the health district and the Allapattah area, 20th Street, it's going to be utilized
by individuals that work at Jackson and people that are going to go visit at Jackson. We don't
have as much problem with the homeless in there or certain individuals that we do in other
places. So I would like to see maybe a fee structure could be a little reduced or maybe the first
three months, as a pilot program, have it free with a commitment and -- to create a ridership.
Something to look at because if you recall, unfortunately Miami -Dade County did not make a
decision, but Miami -Dade County had it free first to get the ridership up and then they kept it
free. I think that's a mistake. I think they should start charging now that they have the
ridership. Andl think we should try to do the same within the health district, if possible. I'd
like to see -- and this is a pilot program. I'm sure we're going to begin. And the hours, I think
you coordinate the hours according to the employees -- what do you call --
Unidentified Speaker: Shifts.
Chair Gort: -- the hours that the employees work at the health districts and so on and the
visitors. And so I would like for you all to look at that and so on. By the way, I also got a call
from Richard Cooper and how come -- they'd like to see something in downtown in central
business district.
Commissioner Sarnoff. Well, they do. You know, the route line does go --
Chair Gort: Go --
Commissioner Sarnoff. And two things with that. There is a (UNINTELLIGIBLE) going west
down Flagler I believe and coming back out. And equally, the Gusman Theater --
Chair Gort: Right.
Commissioner Sarnoff. -- they're proposing a trolley there by the sponsorship -- I won't
mention who it is, but that will actually run a trolley --
Chair Gort: Right.
Commissioner Sarnoff. -- just on the -- in the east -west streets.
Chair Gort: Great.
Commissioner Sarnoff. So in some respects you're getting double coverage.
Chair Gort: Super.
Commissioner Suarez: And Mr. Chairman, ifI may just --
Chair Gort: Yes.
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Commissioner Suarez: -- on -- kind of on that line of thinking. You know, there's a possibility --
for example, let's say on Brickell, that if the line, which I anticipate it may be very, very
successful, that there's a BID (Business Improvement District) created, for example, in that area
that says, you know what, whatever funding gaps there is, we will assume those funding gaps so
that people won't, you know --
Commissioner Sarnoff. I could tell you there's no appetite for that.
Commissioner Suarez: No. Well, maybe not.
Commissioner Sarnoff. Zero.
Commissioner Suarez: You know better than I do.
Commissioner Sarnoff. Trust me. That -- if you were the Commissioner --
Commissioner Suarez: I'm just saying that --
Commissioner Sarnoff. -- of that district and you mentioned that, you'd have problems.
Commissioner Suarez: I'll take your word for it. I've had some people who were, you know,
establishing restaurants there really want to see it happen there. So I mean, they've even
offered to contribute to it, but --
Chair Gort: Well, they can always advertise.
Commissioner Sarnoff. Right.
Commissioner Suarez: Yeah. By advertising, yeah.
Chair Gort: That's one way to pay for it. Any further discussion? All in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
Commissioner Suarez: Thank you.
Chair Gort: Thank you.
Commissioner Suarez: Appreciate it.
Chair Gort: You guys want to come back at 3?
Commissioner Sarnoff. Yeah.
Vice Chair Carollo: Well, we have a 2 o'clock --
Chair Gort: At 2 o'clock.
Vice Chair Carollo: -- shade meeting.
Commissioner Sarnoff. Oh, 2 o'clock, got a shade meeting.
Vice Chair Carollo: So --
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RE.4
11-00303
Office of the City
Attorney
Chair Gort: It could be at 2: 30. Could it be at 2: 30 instead of 2 o'clock? Two -thirty okay?
Okay.
Priscilla A. Thompson (City Clerk): I'm sorry. May -- I'm sorry, Chair. I'm understanding that
we're recessed in here 'til 2: 30. You'll come back here and call your shade meeting -from here at
2: 30.
Chair Gort: Right.
Ms. Thompson: Correct. Thank you.
Chair Gort: Thank you.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF JOSE OLIVA,
SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA
STATUTES, THE TOTAL SUM OF $225,000, IN FULL SETTLEMENT OF ALL
CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF
MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION
OF LIABILITY, EXCLUDING A CLAIM FOR FUTURE MEDICAL BENEFITS,
UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL
RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER
OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND
DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, INDEX CODE NO.
05002.301001.524000.0000.00000.
11-00303 Memorandums from the Office of the CityAttorney.pdf
11-00303 Legislation.pdf
Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez
Absent: 1 - Commissioner(s) Dunn II
R-11-0160
Chair Gort: We'll continue 'til we get the -- RE. 5.
Julie O. Bru (City Attorney): Mr. Chair, we haven't done RE.4 yet, if you want to take --
Chair Gort: RE.4.
Ms. Bru: Okay. RE.4 is a proposed settlement. This is a resolution that seeks authorization to
settle all claims against the City ofMiami in the case of Jose Oliva versus City ofMiami. This
is a worker's compensation claim. The settlement amount would be for $225, 000. This would
resolve all claims, excluding claims for future medical benefits.
Chair Gort: Okay. Do I have a motion?
Commissioner Suarez: Second.
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RE.5
11-00310
District 5 -
Commissioner
Richard Dunn II
Chair Gort: Do I have a motion?
Commissioner Sarnoff. So move.
Commissioner Suarez: Second.
Chair Gort: It was moved by Sarnoff, second by --
Commissioner Suarez: Oh, I thought you moved it.
Chair Gort: -- Commissioner Suarez.
Commissioner Suarez: Sorry.
Chair Gort: Discussion?
Vice Chair Carollo: No. I didn't make the motion. There's been too many settlements around
here, so I'm already starting to get cold feet with all of these settlements.
Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye."
The Commission (Collectively): Aye.
Chair Gort: My understanding that Commissioner Dunn would like to be present for RE.5,
RE. 6.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO
SECTION 62-521(B) (4) AND (5), OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, WAIVING THE TEMPORARY EVENT TWO (2)
EVENT LIMITATION PER PROPERTY AND THE TWO (2) WEEK DURATION
LIMITATION PER PERMIT, IN ORDER TO HOSTA FARMERS' MARKET AT
TACOLCY PARK, LOCATED AT 6161 NORTHWEST 9TH AVENUE, MIAMI,
FLORIDA, OCCURRING EVERY FRIDAYAND SATURDAY, FORA PERIOD
OF EIGHT (8) MONTHS STARTING APRIL 29, 2011 AND ENDING ON
DECEMBER 31, 2011.
11-00310 D5Agenda Summary Memo.pdf
11-00310 Legislation.pdf
Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez
Absent: 2 - Commissioner(s) Carollo and Dunn II
R-11-0164
Tony E. Crapp, Jr. (City Manager): Mr. Chair, would you like to do RE.5 and 6?
Chair Gort: My understanding, Commissioner Dunn wanted to be here for this.
Mr. Crapp: He said it was okay.
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RE.6
11-00311
District 5 -
Commissioner
Richard Dunn II
RE.7
11-00312
Chair Gort: RE.5.
Barnaby Min (Zoning Administrator): Barnaby Min, with the Office of Zoning. I believe RE.5,
which is being sponsored by Commissioner Dunn, is to waive the time limitation for --
Commissioner Suarez: Move it.
Commissioner Sarnoff.. Second.
Chair Gort: It's been move and second. Any further discussion? Being none, all in favor,
state it by saying iiye. "
The Commission (Collectively): Aye.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO
SECTION 62-521(B) (4) AND (5), OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, WAIVING THE TEMPORARY EVENT TWO (2)
EVENT LIMITATION PER PROPERTY AND THE TWO (2) WEEK DURATION
LIMITATION PER PERMIT, IN ORDER TO HOSTA FARMERS' MARKET AT
THE SOUTH FLORIDA LAND TRUST PROPERTY LOCATED AT 936
NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, OCCURRING EVERY
FRIDAYAND SATURDAY, FORA PERIOD OF EIGHT (8) MONTHS STARTING
APRIL29, 2011 AND ENDING ON DECEMBER 31, 2011.
11-00311 D5Agenda Summary Memo.pdf
11-00311 Legislation.pdf
Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez
Absent: 2 - Commissioner(s) Carollo and Dunn II
R-11-0165
Barnaby Min (Zoning Administrator): RE.6.
Commissioner Suarez: Move it.
Chair Gort: RE.6.
Commissioner Sarnoff.. Second.
Chair Gort: It's been moved by Commissioner Suarez, second by Commissioner Sarnoff. Any
further discussion? Being none, all in favor, state it by saying aye."
The Commission (Collectively): Aye.
Chair Gort: Let's take a ten. We'll take ten. All we've got left is board appointments.
RESOLUTION
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District2- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
Commissioner Marc AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCAL AGENCY
David Sarnoff PROGRAM AGREEMENT BETWEEN THE CITY OF MIAMI AND THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR THE
DOWNTOWN MIAMI SIGNAGE & WAYFINDING SYSTEM ("PROJECT"), IN
SUBSTANTIALLY THE ATTACHED FORM; FURTHER ACCEPTING A GRANT
FROM FDOT OF $1,000,000 FOR THE IMPLEMENTATION OF THE
PROJECT.
11-00312 Legislation.pdf
11-00312 Exhibit 1.pdf
Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo
Absent: 2 - Commissioner(s) Suarez and Dunn II
R-11-0159
Commissioner Sarnoff. Can we --?
Chair Gort: RE.7.
Commissioner Sarnoff. Thank you. I'll present it. Mr. Chair, this is authorizing the City
Manager to execute a local agency program agreement between the City ofMiami and the
State of Florida FDOT (Florida Department of Transportation) for the downtown Miami
signage and wayfinding system project in substantially the attached form. And this will allow
us to accept a grant from FDOT of $1 million for the implementation of the project. The way
this works is the DDA (Downtown Development Authority) would front the money and we would
be reimbursed, I believe in '016 [sic], 2016. So we would front the money, but it would be
reimbursable to the DDA.
Chair Gort: Funds will be comingfrom the DDA?
Commissioner Sarnoff. But we would get reimbursedfrom --
Chair Gort: From the DOT.
Commissioner Sarnoff. -- Florida Department of Transportation.
Chair Gort: Okay.
Vice Chair Carollo: I just want to get clarity. The DDA will front the money?
Commissioner Sarnoff. Right.
Chair Gort: Yeah.
Vice Chair Carollo: And then we as the City get reimbursed from FDOT -- not really
reimbursed, but we obtain the money?
Commissioner Sarnoff. The way it -- obviously, as you know, the DDA or I think maybe even
the Bayfront Park -- Trust Park is the City. We just do the accounting entry. It would be
accounting entries for --
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Vice Chair Carollo: I got you.
Commissioner Sarnoff.. -- DDA funding. We would get reimbursed in '016 [sic] in total from
Florida Department of Transportation.
Chair Gort: Okay, it's been moved and second for discussion. I'd like to ask a question. As I
recall, one of the things we've been discussing for a long time within the area of downtown,
Brickell, and any time you have a bridge opening, it creates a major problem. At one time we
talked about creating signs for a critical path. This is part -- is that going to be part of the
signage? In other words, the people of Brickell, tell them -- you got to know the alternatives to
go into downtown. You don't have to go to the bridge. You can go to 8th Street and go over to
downtown using the expressway.
Alyce Robertson: Alyce Robertson, executive director of the Miami DDA. It's not part of the
plan now, but we will look at it, Commissioner. And -- 'cause right now in fact with the Brickell
Avenue construction, there's a lot of additional problems caused by --
Chair Gort: Right.
Ms. Robertson: -- the bridge opening.
Chair Gort: Okay.
Vice Chair Carollo: Make a motion.
Chair Gort: But that's something) would like to see in the future 'cause I think it's going to be
very helpful to have people going back and forth from -- that they don't have to go through the
bridges to go to downtown versa [sic] versa. They don't have to go through the bridges to come
over to Brickell Avenue. They can use another facilities. Okay, any further discussion?
Vice Chair Carollo: Need a motion.
Chair Gort: It was moved.
Commissioner Sarnoff.. So moved.
Chair Gort: He moved and --
Vice Chair Carollo: Second.
Chair Gort: -- you second it.
Vice Chair Carollo: And I said seconds are hard to come by.
Chair Gort: Commissioner Sarnoff and --
Vice Chair Carollo: Got that little girl back there.
Chair Gort: -- and second by --
Vice Chair Carollo: -- we could just be going for a little stroll now.
Chair Gort: -- Vice Chairperson Carollo. Okay, all in favor, state it by saying iiye. "
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Meeting Minutes April 14, 2011
The Commission (Collectively): Aye.
Chair Gort: Thank you.
RE.8 RESOLUTION
11-00275
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING THE
Attorney CITY OF MIAMI CHARTER REVIEW AND REFORM COMMITTEE TO REVIEW
THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND
RECOMMEND CHARTER PROPOSALS AND AMENDMENTS NECESSARY
TO UPDATE THE CHARTER; STATING THE COMMITTEE'S PURPOSE,
POWERS, DUTIES, COMPOSITION, APPOINTMENT QUALIFICATIONS AND
REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, RULES
OF PROCEDURE, MEETINGS, QUORUM, LEGAL AND STAFF SUPPORT,
ASSIGNMENT OF PERSONNEL, AND PUBLIC NOTICE; AND PROVIDING
FOR AN EFFECTIVE DATE.
11-00275 Memorandum from the Office of the City Attorney.pdf
11-00275 Legislation.pdf
Motion by Commissioner Dunn II, seconded by Commissioner Sarnoff, that this matter be
INDEFINITELY DEFERRED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
Chair Gort: So we go to RE.8. No, that was -- yes -- deferred. RE.9.
Priscilla A. Thompson (City Clerk): I'm sorry. You said it's deferred, sir?
Vice Chair Carollo: RE.8 has not been deferred. It was (UNINTELLIGIBLE) by the --
Chair Gort: It was pulled. I'm sorry, it was pulled.
Vice Chair Carollo: No.
Ms. Thompson: No, it wasn't.
Vice Chair Carollo: No.
Ms. Thompson: No. We haven't had --
Tony E. Crapp, Jr. (City Manager): Need a motion to defer.
Chair Gort: Wait a minute.
Mr. Crapp: You have to make a motion to defer RE.8.
Vice Chair Carollo: I was told by the Administration during the briefing that this would be
indefinitely deferred.
Julie O. Bru (City Attorney): But Commissioner Dunn wants to speak on this item, so when he
comes back, we could bring it up.
Chair Gort: On item RE.8?
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Ms. Bru: Yes.
Chair Gort: Okay.
[Later..]
Mr. Crapp: Only -- We did RE.5, Mr Chair. We have RE.8 and RE --
Chair Gort: We did RE.5 and 6, yes.
Mr. Crapp: -- 10.
Chair Gort: Okay.
Mr. Crapp: Yes, sir.
Chair Gort: RE.10?
Commissioner Dunn: No, no, RE.8.
Chair Gort: RE.8, yes.
Commissioner Dunn: Mr. Chair.
Chair Gort: Yes.
Commissioner Dunn: I would like to make a motion to defer this item indefinitely in light of all
of the uncertainties that are roaming both in the County and -- in light of the fact that we have
elections, I think this is something that it's -- as -- I believe it was Commissioner Suarez stated
this is a arduous kind of a task, so it's something that I'm sure that our staff will be working on,
but nothing that is urgent and pressing; also in light of the fact that we getting ready for the
budget, so we -- if it's all right with my colleagues, I'd definitely like to defer this.
Chair Gort: There's a motion for Commissioner Dunn. Is there a second?
Commissioner Sarnoff. Since seconds are hard to come by --
Vice Chair Carollo: I told you, seconds hard to come by today.
Commissioner Sarnoff. I'd be more than glad to sell my second.
Commissioner Gort: Second by Commissioner Sarnoff.
Vice Chair Carollo: However, when it counted, I was there for you.
Chair Gort: All right.
Commissioner Sarnoff. He's a tough guy to owe a favor to.
Commissioner Dunn: So we --
Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye.
The Commission (Collectively): Aye.
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RE.9
11-00313
Office of the City
Attorney
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CITY ATTORNEY TO PURSUE ANY PRE -SUIT REMEDIES AND/OR SEEK
DECLARATORY AND INJUNCTIVE RELIEF, AND ANY OTHER ACTIONS AT
LAW OR IN EQUITY, AGAINST MIAMI-DADE COUNTY, AND ALL
NECESSARY BODIES, TO CLARIFY THAT THE MIAMI-DADE COUNTY
COMMISSION ON HUMAN RIGHTS DOES NOT HAVE THE AUTHORITY
UNDER THE FLORIDA CONSTITUTION, STATE LAW OR THE MIAMI-DADE
COUNTY CHARTER TO IMPOSE REMEDIES UPON MUNICIPALITIES IN
MIAMI-DADE COUNTY, SUCH AS THE CITY OF MIAMI, FOR ALLEGED
VIOLATION OF THE MIAMI-DADE COUNTY DISCRIMINATION ORDINANCE,
SECTION 11A ET SEQ.
11-00313 Memorandum from the Office of the City Attorney.pdf
11-00313 Legislation.pdf
Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez
Absent: 1 - Commissioner(s) Dunn II
R-11-0161
Julie O. Bru (City Attorney): I have -- RE.9 is also my item. This is my request to you for
authorization to pursue any kind of pre -suit remedies and/or to go to court and seek declaratory
or injunctive relief against Miami -Dade County and any necessary bodies for purposes of
determining whether or not their Section ]]A of their code is -- certain provisions of their
Section 11 are applicable to the City. And specifically, this is a County code section that has
established an agency called the Miami -Dade County Commission on Human Rights, and this
agency purports to have certain enforcement authority over the City, which we believe has been
preempted by the State Legislature in the Florida Civil Rights Act. And why is this important is
because this agency has authority over the private and public sector. They determine
discrimination in the workplace and this agency has a few cases pending before it involving
City ofMiami employees, and this agency is purporting to award attorneys' fees, back pay,
reinstatement, all remedies which we believe are really remedies that are within the exclusive
jurisdiction of either the state under the Administrative Procedures Act or a court. So basically
it's asking for your permission so that we can challenge the authority of the County in this area.
Chair Gort: Okay.
Commissioner Sarnoff. So move.
Chair Gort: It's been moved by Commissioner Sarnoff.
Commissioner Suarez: Second.
Chair Gort: Second by Commissioner Suarez. Discussion?
Commissioner Sarnoff. I think she's dead right actually. I think Florida Statute 760.11
precludes it. The County must have amended this in June 2010 to give it powers that it didn't
possess before then, and they've never had the ability to give back pay or attorneys' fees before,
and I think they have violated Florida Constitution and I think they violated Florida Statutes.
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RE.10
11-00243
Office of the City
Attorney
Chair Gort: Any further discussion? All in favor, state it by saying aye."
The Commission (Collectively): Aye.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY MARGARITTE DINGLE, THEOANDRIA
KENDRICK, A MINOR BY HER MOTHER AND NATURAL GUARDIAN DENISE
DAVIS, MICHAEL JOHNSON, SR., AS PERSONAL REPRESENTATIVE OF
THE ESTATE OF MICHAEL JOHNSON, JR., AND KEVARIS DAUGHTY,
WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF
$200,000, 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,
THE POLISH AMERICAN CLUB OF MIAMI, INC., DIANE THOMAS, AND
OTHER PERSON OR ENTITY THAT MAY HAVE LIABILITY, IN THE CASES
STYLED, MARGARITTE DINGLE VS. THE POLISH AMERICAN CLUB OF
MIAMI, INC., ETAL., PENDING IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT, CASE NO.: 09-44632 CA 13, AND THEOANDRIA
KENDRICK, ETC., ETAL., V. THE POLISH AMERICAN CLUB OF MIAMI, INC.,
ETAL., PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL
CIRCUIT, CASE NO.: 09-44642 CA 13, UPON THE EXECUTION OF
GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL
OF THE DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM
ACCOUNT NO. 05002.301001.545000.0000.00000.
11-00243 Memorandum.pdf
11-00243 Memorandum Budget.pdf
11-00243 Legislation (Version 2) 04-14-11.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-11-0166
Chair Gort: We are going to begin with RE.10. Let's get our attorney back in here.
Julie O. Bru (City Attorney): Mr. Chair, since --
Chair Gort: Yes.
Ms. Bru: -- we just came back on the record from our executive session, I want the record to
reflect that. Maybe you could take up another item until the rest of the Commission is here
because since we all just heard the briefing, I think I'd like to have all the Commissioners
voting on this particular item.
[Later...]
Chair Gort: Okay, what's next?
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Meeting Minutes April 14, 2011
Ms. Bru: I think the only thing we have left --
Chair Gort: RE.10.
Ms. Bru: -- is RE.10 now.
Chair Gort: Yes.
Ms. Bru: This is the proposed settlement in the case of Margarine Dingle versus Polish
American Club.
Chair Gort: Okay. Do I have a motion and a second?
Commissioner Dunn: Second.
Chair Gort: No. We don't have the motion yet.
Commissioner Dunn: Oh.
Commissioner Suarez: Move it.
Commissioner Dunn: Second.
Chair Gort: Moved by Commissioner Suarez --
Commissioner Dunn: Second.
Chair Gort: -- second by Commissioner Dunn. Discussion. No further discussion. All in
favor, state it by saying "aye."
The Commission (Collectively): Aye.
Commissioner Dunn: I'm in shock today.
Chair Gort: I have a couple of questions. My understanding -- and I've asked this before --
every time we get one of these settlement, my question is the department that has caused this
problem been notified and they're given ideas or changes in policy to make sure it doesn't
happen --
Ms. Bru: We're settling with two of the -- I mean, four of the plaintiffs. There are still two
plaintiffs that --
Chair Gort: No, I understand.
Ms. Bru: -- we're going to yet litigate. So we can talk about these issues later on if you'd like.
Chair Gort: Okay.
Ms. Bru: Okay.
Chair Gort: All right.
Ms. Bru: Thanks.
Chair Gort: I'll send an e-mail (electronic) on that one.
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Meeting Minutes April 14, 2011
RE.11
11-00325
RESOLUTION
District2- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
Commissioner Marc GROVE TREE -MAN TRUST TO PERFORM TREE -TRIMMING ACTIVITIES ON
David Sarnoff TREES LOCATED IN CITY OF MIAMI RIGHTS -OF -WAY AND IN CITY PARKS
USING RESOURCES PROVIDED BY THE STATE OF FLORIDA,
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION
OF FORESTRY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS.
11-00325 Letter of Support 2011 National Urban Community Foresty Grant Program.pdf
11-00325 Pre Certified Legislation .pdf
11-00325 Legislation .pdf
Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez
Absent: 1 - Commissioner(s) Dunn II
R-11-0162
Chair Gort: RE.11.
Commissioner Sarnoff. Mr. Chair, this is a resolution of the City ofMiami Commission
authorizing the Grove Tree Man Trust to perform tree trimming activities on trees located in the
City ofMiami right-of-way and in the City parks using resources provided by the State of
Florida Department of Agriculture and Consumer Services; and it's allowing the City Manager
to enter into that agreement. This would have no cost to the City.
Chair Gort: And that's to do -- perform trimming within certain area?
Commissioner Sarnoff. Yes, sir.
Chair Gort: Okay. Do I have a motion?
Commissioner Sarnoff. So move.
Commissioner Suarez: Second.
Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Suarez. Any
further discussion? Being none, all in favor, state it by saying aye."
The Commission (Collectively): Aye.
Chair Gort: I do have a request that some of the trees in the public right-of-ways [sic] I've
seen in some of -- like I have it on Northwest 17th Avenue. I think we need to start looking into
those trees. They kind of getting pretty large and hurricane season we get -- coming up soon.
Nzeribe Ihekwaba (Director): Yeah. Zerry Ihekwaba, Public Works. It is our policy to
routinely trim all the trees in the public right-of-way. In the case that -- the specific case you
just mentioned, that's a Miami -Dade County right-of-way. What we normally do is to not
them. If it's a life -safety concern, we'll go ahead immediately and take care of it and then
advise them as well.
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Chair Gort: My question is the trees belong to Dade County, not to the City?
Mr. Ihekwaba: No. Trees belong to the public, and if it's in the City right-of-way, we are
responsible. The City is responsible for maintaining them, including trimming, and taking care
of if there's any type of root pruning to be done.
Chair Gort: Okay.
Mr. Ihekwaba: If it's in the Miami -Dade County public right-of-way, we advise them and take
care of it if it is a life -safety concern.
Chair Gort: So in other words, on 17th Avenue, the City has to request from the County to do
-- 2
Mr. Ihekwaba: We have to coordinate with them.
Chair Gort: Okay, could you please?
Mr. Ihekwaba: Yeah, we will.
Chair Gort: Okay, thank you.
Mr. Ihekwaba: Thanks.
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Yes, sir.
Vice Chair Carollo: I'm going to, if possible, give a list to Public Works with regards to various
trees in the City right-of-way that need to be cut --
Mr. Ihekwaba: Okay.
Vice Chair Carollo: -- because I've experienced that unfortunately they have not been cut and
the residents go out there and try to do a good deed and then get fined. So with that said, I'm
going to see if I forward you a list of trees that are obvious needs to be cut.
Mr. Ihekwaba: We will. Thank you.
Vice Chair Carollo: Thank you. Our tree ordinance.
RE.12 RESOLUTION
11-00190
City Manager's Office
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 4, IN
SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT WITH
FLAGLER FIRST CONDOMINIUMS, LLC, RELATING TO THE
REDEVELOPMENT OF AN AFFORDABLE HOUSING CONDOMINIUM
PROJECT KNOWN AS FLAGLER FIRST CONDOMINIUM, LOCATED AT 101
EAST FLAGLER STREET, MIAMI, FLORIDA ("PROJECT"); PROVIDING AN
EXTENSION OF THE DEADLINE FOR THE SALE OF ALL PROJECT
RESIDENTIAL CONDOMINIUM UNITS UNTIL DECEMBER 2, 2013.
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11-00190 Summary Form.pdf
11-00190 Legislation.pdf
11-00190 Exhibit 1.pdf
11-00190 Pre Legislations 04-14-11.pdf
11-00190 Exhibit 2 04-14-11.pdf
Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez
Absent: 2 - Commissioner(s) Carollo and Dunn II
R-11-0163
Chair Gort: Okay, RE.12.
Larry Spring: Commissioners, Larry Spring, chief financial officer. RE.12 is a resolution of
the City Commission authorizing the City Manager to execute amendment number 4 to the
agreement with Flagler First Condominium, T,T C (Limited Liability Company), related to the
development of an affordable housing condominium project located at 101 East Flagler Street.
The request or the change of this amendment would extend the closeout date for the project to
December 2, 2013, allow the developer to sell the remaining units that are required under the
development agreement. The developer did -- as you all know, he had a lot of structural issues
with the project. It has taken a -- quite a while to get the project finished. Upon completing the
actual project itself, we hit the condo bust that has affected the entire area, the region, if you
will, and the developer has been diligently trying to sell the units. To date, he's sold 43 of the
90 units. Upon hitting unit number -- sell of 45, he will be able to get HUD (Department of
Housing and Urban Development) financing to complete the closing of the remaining units, so
we respectfully ask that the Commission approve this item.
Chair Gort: Okay.
Commissioner Sarnoff.. So move.
Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Suarez.
Commissioner Suarez: I'll second it with a friendly amendment, ifI could. Just to reduce --
How much are we -- how much of an extension are we giving in this?
Mr. Spring: Right now it's technically two and a half years because the deadline was June 10,
2010, so it's a two -and -a -half -year extension.
Commissioner Suarez: I mean, this project has been going on since 2001 ?
Mr. Spring: Yes.
Commissioner Suarez: I mean, I know it's in your district, Commissioner -- and one of the good
things about it is that once they reach that threshold of 45 units, the units after that are going to
be sold at I think $89, 000 under FHA (Florida Housing Agency) --
Mr. Spring: Eighty-six, yeah.
Commissioner Suarez: -- 86 under FHA --
Mr. Spring: It's -- the project is --
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Commissioner Suarez: -- eligible --
Mr. Spring: Yeah.
Commissioner Suarez: -- which means -- I'm sure those --
Mr. Spring: Right.
Commissioner Suarez: -- last 40 are going to go --
Mr. Spring: Right.
Commissioner Suarez: -- in a heartbeat. But I'm just concerned that we continue to -- you
know, it's a lot of money that we've invested in this project, you know.
Mr. Spring: Us and the County. I mean, in speaking with the developer, they're fine with
reducing the time. He asked for the December 2013 so that he wouldn't have to come -- you
know, come back to the Commission, you know, given the experience with the project. He's --
you know, he's come back now, you know, six times, you know, because of various issues so --
Commissioner Sarnoff. Why don't we give him through the summer of -- I mean, I'm okay with
September of '013 [sic], if you want to go to June of '013 [sic].
Chair Gort: Yeah.
Commissioner Suarez: He's got to sell three units, right, to meet the threshold?
Mr. Spring: Two.
Commissioner Suarez: Two?
Chair Gort: Yeah.
Mr. Spring: Two to get to 45, and then from that point the HUD financing --
Commissioner Suarez: But is the extension for him to sell all the units or is it just --
Mr. Spring: Yes.
Commissioner Suarez: -- to get to --?
Mr. Spring: It would be to complete the project, to sell all of the units.
Commissioner Suarez: I see.
Mr. Spring: That's why --
Commissioner Suarez: So it's not just --
Mr. Spring: Yeah. It's not just --
Commissioner Suarez: -- it's just -- not just the two units.
Mr. Spring: -- our units. Yeah, it's to close out the project.
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Commissioner Suarez: Yeah, then that makes -- even though I think they're incredibly well
priced and if they're FHA approved, I think they're going to fly. But to get the two market rate
units sold, that could take a little while, and then they have to --
Mr. Spring: Right.
Commissioner Suarez: -- clear out the inventory.
Mr. Spring: Right.
Commissioner Suarez: So --
Chair Gort: Okay.
Commissioner Suarez: I mean, I'll withdraw my friendly amendment just 'cause, you know -- I
just want to see it done. I think the --
Chair Gort: Right.
Mr. Spring: Absolutely.
Commissioner Suarez: --frustration is that we all want to see it done and we want those
40-plus units of $90, 000 or less of home -- you know, owner purchased affordable housing out
there 'cause, you know, that's what I've been pushing since I arrived here and it's something
that want to see happen and come to fruition as quickly as possible.
Mr. Spring: Okay.
Chair Gort: And it's a prime location. Any further discussion? Being none, all in favor, state
it by saying iiye. "
The Commission (Collectively): Aye.
Mr. Spring: Thank you.
Chair Gort: RE.13.
Julie O. Bru (City Attorney): 13 and 14 --
Priscilla A. Thompson (City Clerk): 13 and --
Ms. Bru: -- are scheduled for the special -
Chair Gort: Go ahead.
Ms. Bru: -- City Commission meeting.
Ms. Thompson: 13 and 14 are the ones going to your special --
Chair Gort: Right, okay, okay.
Ms. Thompson: -- Commission meeting.
RE.13 RESOLUTION
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Meeting Minutes April 14, 2011
11-00329
Department of
Building and Zoning
RE.14
11-00330
Department of
Building and Zoning
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT
AGREEMENT WITH SOUTH FLORIDA EQUITABLE FUND, LLC., ETAL.,
WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING
ATTORNEYS FEES AND COSTS, AGAINST THE CITY OF MIAMI, IN THE
CASE STYLED SOUTH FLORIDA EQUITABLE FUND, LLC. VS. CITY OF
MIAMI, PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN
DISTRICT OF FLORIDA, CASE NO.: 010-21032-CIV-UNGARO.
11-00329 Summary Form.pdf
11-00329 Legislation.pdf
11-00329 Exhibit 1.pdf
11-00329 Summary Form 04-21-11.pdf
11-00329 Legislation (Version 3) 04-21-11.pdf
11-00329 Exhibit 1 04-21-11.pdf
11-00329-Submittal-Grace Solares-Map Of Area To Be Affected By Proposed Legislation.pdf
11-00329-Submittal-Administration-Update By Intergovernmental Affairs Liaison On HB 1363.pdf
NO ACTION TAKEN
Note for the record: Vice Chair Carollo invoked the five-day rule pursuant to Chapter 2,
Article II, Section 2-33 (e), of the Miami City Code, for items EM.1, RE.13, and RE.14.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING ITS
INTENTION TO MODIFY RESOLUTION NO. 09-0451, ADOPTED
SEPTEMBER 24, 2009, CONCERNING THE PILOT PROGRAM ALLOWING
1,000 FOOT SPACING OF OUTDOOR ADVERTISING SIGNS ALONG
EXPRESSWAYS IN THE CITY OF MIAMI ("CITY"), SUBJECT TO
CONDITIONS; FURTHER AUTHORIZING THE CITY MANAGER TO NOTIFY
THE FLORIDA DEPARTMENT OF TRANSPORTATION OF THE CITY'S
AGREEMENT WITH SOUTH FLORIDA EQUITABLE FUND, LLC., TO ALLOW
IT TO PARTICIPATE IN SUCH PILOT PROGRAM.
11-00330 Summary Form.pdf
11-00330 Legislation.pdf
11-00330 Summary Form 04-21-11.pdf
11-00330 Pre -Legislation 04-21-11.pdf
11-00330 Legislation (Version 2) 04-21-11.pdf
11-00330-Submittal-Grace Solares-Map Of Area To Be Affected By Proposed Legislation.pdf
11-00330-Submittal-Administration-Update By Intergovernmental Affairs Liaison On HB 1363.pdf
NO ACTION TAKEN
Note for the record: Vice Chair Carollo invoked the five-day rule pursuant to Chapter 2,
Article II, Section 2-33 (e), of the Miami City Code, for items EM.1, RE.13, and RE.14.
END OF RESOLUTIONS
BOARDS AND COMMITTEES
Chair Gort: Okay, any --?
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Meeting Minutes April 14, 2011
Vice Chair Carollo: Motion to adjourn.
Chair Gort: No, there's some pocket items.
Commissioner Sarnoff. We got the BCs (Boards and Committees), don't we? We got the
boards?
Chair Gort: BCs, board appointments.
Commissioner Sarnoff. Want to waive all board appointments?
Chair Gort: Board appointments.
Vice Chair Carollo: And pocket items.
Commissioner Sarnoff. Then we got the district pages. You got district pages.
Chair Gort: Yes, he does. He's got quite a few. What do you guys want to do with the
appointments?
Vice Chair Carollo: I'm going to continue all of mine.
Commissioner Suarez: I think had one, right?
Priscilla A. Thompson (City Clerk): No. You have more than one, sir.
Commissioner Suarez: Are you sure?
Ms. Thompson: Yes, sir.
Commissioner Sarnoff. You only intend on making one.
Commissioner Suarez: Yeah. I'm saying -- I only -- think only submitted one name is what I'm
trying to say.
Ms. Thompson: No. I didn't -- I'm sorry. I didn't get any names yet.
Commissioner Suarez: Oh, then forget it. Then I'll waive them until the next one. I thought I
had submitted a name, okay.
Chair Gort: Okay.
Commissioner Suarez: If no names, that means I'm going to waive them all.
Chair Gort: Commissioner Dunn, I understand you had an appointment.
Ms. Thompson: Wait, I'm sorry. If -- I'm sorry, Chair. If I can do this in an organized manner.
Chair Gort: Okay.
Ms. Thompson: Can we first take those -- if we can get a motion and a second on all of those
that are to be continued, that would help me out.
Chair Gort: I don't believe --
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Commissioner Sarnoff. I'll make it easy. I'm going to make an appointment on BC.13, 14, and
20. Those are what I'm going to make appointments on. So if you reduce it, 13, 14, and 20 --
Ms. Thompson: No. If you --
Commissioner Sarnoff. I'm just --
Commissioner Suarez: You're doing it right.
Commissioner Sarnoff. Right. Are you going to be making --?
Commissioner Suarez: Commissioner Dunn, are --?
Ms. Thompson: Chair, ifI might. IfI really might ask -- no, because I have for the Mayor as
well, so ifI can go through -- 'cause I'll have (UNINTET,TIGIBT,F) --
Commissioner Sarnoff. Bundle them and defer the rest.
Ms. Thompson: So if --
Chair Gort: I think what they're trying to do is they're trying to select the ones they're going to
make the appointment and then waive all the other ones.
Ms. Thompson: If we continue all the other ones first. In other words --
Commissioner Dunn: I got you.
Ms. Thompson: -- when it comes to my time, I am not going to make the appointment --
Chair Gort: Okay, continue all of the appointment with the exception of --
Ms. Thompson: Okay.
Chair Gort: -- what are the numbers?
Commissioner Sarnoff. 13 --
Ms. Thompson: With the exception of those that will be stated. You don't have to worry.
Chair Gort: Okay.
Commissioner Sarnoff. What are you doing, the numbers?
Commissioner Dunn: I'm -- the -- continuance --
Commissioner Sarnoff. No, no. The ones you're going to do.
Commissioner Dunn: The ones I'm going to do is --
Chair Gort: The motion is to continue all of the appointments except the one that are going to
be discussed today.
Ms. Thompson: Correct.
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Chair Gort: Okay. Who's making the motion?
Commissioner Sarnoff. I'll make the --
Commissioner Suarez: I move --
Commissioner Sarnoff. -- mo -- Go ahead.
Commissioner Suarez: -- to continue all of the appointments, with the exception of the
following.
Commissioner Sarnoff. 13, 14, 20.
Commissioner Dunn: 4.
Tony E. Crapp, Jr. (City Manager): And 16. I'm sorry.
Vice Chair Carollo: Go ahead, Priscilla.
Ms. Thompson: Okay. And l just want to make sure -- and I'll take it slow. We have -- andl
need to let you know this. We have an issue with the cleanup on a five fifths on BC.8, andl
have five people here, so I'll need to do that one. BC.7, BC.4, BC.12 is the Mayor; BC.14 is
Commissioner Sarnoff, BC.16 is the Manager; and then we have the motion to reconsider
BC.20.
Commissioner Suarez: So moved.
Ms. Thompson: Is that okay?
Commissioner Suarez: That's fine with me.
Chair Gort: It's been moved. Is there a second? Is there a second?
Commissioner Sarnoff. Second.
Commissioner Dunn: Second.
Chair Gort: Moved by Commissioner Suarez --
Commissioner Sarnoff. Since they're expensive these days.
Chair Gort: -- second by Commissioner Sarnoff. All in favor, state it by saying "aye."
The Commission (Collectively): Aye.
BC.1 RESOLUTION
11-00139
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A
Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND
ENTERTAINMENT COUNCIL FORATERM DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
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Meeting Minutes April 14, 2011
BC.2
11-00228
Office of the City
Clerk
BC.3
11-00229
Office of the City
Clerk
Vice Chairman Frank Carollo
11-00139Arts CCMemo.pdf
11-00139Arts Current_Board_Members.pdf
Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be
CONTINUED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A
CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY
COMMITTEE FOR ATERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Commissioner Francis Suarez
11-00228 Audit CCMemo.pdf
11-00228 Audit Current_Board_Members.pdf
Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be
CONTINUED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A
CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK
MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Commissioner Francis Suarez
11-00229 Bayfront CCMemo.pdf
11-00229 Bayfront Current_Board_Members.pdf
Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be
CONTINUED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
BC.4 RESOLUTION
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Meeting Minutes April 14, 2011
11-00230
Office of the City
Clerk
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A
CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE
STATUS OF WOMEN FORATERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Constance Gilbert Commissioner Richard Dunn II
11-00230 CSW CCMemo.pdf
11-00230 CSW Current_Board_Members.pdf
Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
Absent: 1 - Commissioner(s) Carollo
R-11-0135
Priscilla A. Thompson (City Clerk): Then we have -- andl apologize -- Commissioner Dunn,
your BC. 4.
Commissioner Dunn: Yes, andl need clar -- yes. I want to nominate Connie [sic] Gilbert.
Ms. Thompson: You want to reappoint her?
Commissioner Dunn: Oh, so she's already -- we already --
Ms. Thompson: Yes. You want to reappoint her?
Commissioner Dunn: Yes, reappoint her.
Ms. Thompson: Thank you.
Commissioner Dunn: Thank you.
Commissioner Suarez: Second.
Chair Gort: Okay, it's been moved by Commissioner Dunn, second by Commissioner Suarez.
Any further discussion? Being none, all in favor, state it by saying aye."
The Commission (Collectively): Aye.
Commissioner Dunn: Madam -- I mean, Mr. Chair, and then I want to --
Chair Gort: Yes.
Commissioner Dunn: May I direct it -- through the Chair to the -- Madam Clerk. I need clarity
on BC. 20. Did we do that one -- we did that one already, right?
Ms. Thompson: No. B -- yes and no. BC.20 is actually a reconsideration of actions you took
on March 10. You -- we advised the Commission of the mistake that was made at the March 24
meeting, and we're going to just reconsider that particular item --
Commissioner Dunn: Okay.
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Ms. Thompson: -- okay, that particular vote. We have not done that yet.
Commissioner Dunn: Okay.
Ms. Thompson: Okay?
Commissioner Dunn: Okay, so I'd like to nominate Charles Flowers.
Ms. Thompson: No, no. And -- I'm sorry. You would like to nominate Mr. Flowers to what?
Commissioner Dunn: BC.20, to the Equal Opportunity Advisory --
Ms. Thompson: No. There's -- on BC.20, it's nothing but the reconsideration.
Commissioner Dunn: Okay.
Ms. Thompson: Okay.
Commissioner Sarnoff. So I need to reconsider my withdrawal of Michael Barket?
Ms. Thompson: At BC.20?
Commissioner Sarnoff. Yes.
Ms. Thompson: Or you want to --?
Commissioner Sarnoff. That's 20. I'm with you.
Ms. Thompson: Okay, but we --
Commissioner Sarnoff. We're not doing 20 yet. We're just --
Ms. Thompson: Correct.
Commissioner Sarnoff. -- talking about it.
Ms. Thompson: Correct. We're not --
Commissioner Dunn: Okay.
Ms. Thompson: -- doing 20 yet.
Commissioner Dunn: Okay.
Commissioner Sarnoff. Tell us where we are.
Ms. Thompson: Okay.
BC.5 RESOLUTION
11-00235
Office of the City
Clerk
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS
BOARD FOR TERMS AS DESIGNATED HEREIN.
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BC.6
11-00231
Office of the City
Clerk
BC.7
11-00211
Office of the City
Clerk
APPOINTEES:
11-00235 CRB CCMemo.pdf
11-00235 CRB Current_Board_Members.pdf
11-00235 CRB Resumes.pdf
NOMINATED BY:
Vice Chairman Frank Carollo
Vice Chairman Frank Carollo
Commissioner Marc David Sarnoff
Commissioner Francis Suarez
Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be
CONTINUED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A
CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY
TECHNOLOGY ADVISORY BOARD FORA TERM AS DESIGNATED
HEREIN.
APPOINTEE: NOMINATED BY:
Vice Chairman Frank Carollo
11-00231 CTAB CCMemo.pdf
11-00231 CTAB Current_Board_Members.pdf
Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be
CONTINUED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A
CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT
BOARD FOR ATERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Gary Ciuca Commissioner Marc Sarnoff
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Meeting Minutes April 14, 2011
11-00211 CEB CCMemo.pdf
11-00211 CEB Current_Board_Members.pdf
Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
Absent: 1 - Commissioner(s) Carollo
R-11-0136
Priscilla A. Thompson (City Clerk): Then if we can start with BC.7, I have a note that
Commissioner Sarnoff will be making an appointment there.
Commissioner Sarnoff. I -- correct. BC.7, Gary Ciuca. So move.
Commissioner Dunn: Second.
Ms. Thompson: We need a vote.
Chair Gort: It's been move and second
Commissioner Suarez: Aye.
Chair Gort: Any further discussion? State it by saying aye."
The Commission (Collectively): Aye.
BC.8 RESOLUTION
11-00232
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE
Clerk TERM LIMIT BY A FIVE -FIVE UNANIMOUS AFFIRMATIVE VOTE, AS IT
RELATES TO MIRIAM URRAAS A MEMBER OF THE EQUAL
OPPORTUNITY ADVISORY BOARD.
11-00232 EOA Term Waiver CCMemo.pdf
11-00232 EOA Current_Board_Members.pdf
Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be
CONTINUED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
BC.9 RESOLUTION
11-00241
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY
BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
NOMINATED BY:
Chairman Wifredo (Willy) Gort
Vice Chairman Frank Carollo
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Meeting Minutes April 14, 2011
BC.10
10-00766
Office of the City
Clerk
BC.11
11-00233
Office of the City
Clerk
Vice Chairman Frank Carollo
Commissioner Marc David Sarnoff
FOP
11-00241 EOA CCMemo.pdf
11-00241 EOACurrent_Board_Members.pdf
Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be
CONTINUED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES
AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
NOMINATED BY:
Vice Chairman Frank Carollo
Commissioner Richard Dunn II
10-00766 Health CCMemo.pdf
10-00766 Health Current_Board_Members.pdf
Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be
CONTINUED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS
DESIGNATED HEREIN.
APPOINTEES/CATEGORIES: NOMINATED BY:
Vice Chairman Frank Carollo
(Business/Finance/law)
Vice Chairman Frank Carollo
(Architectural Historian - Category 3)
Commissioner Francis Suarez
City ofMiami Page 84 Printed on 5/9/2011
City Commission
Meeting Minutes April 14, 2011
BC.12
11-00234
Office of the City
Clerk
BC.13
11-00248
(Architect)
11-00233 HEP CCMemo.pdf
11-00233 HEP Current_Board_Members.pdf
11-00233 List HEP applicants.pdf
11-00233 HEP Applications.pdf
Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be
CONTINUED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND
DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM
OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Henry Zayas-Bazan Mayor Tomas Regalado
Maria Sardina Mann Mayor Tomas Regalado
11-00234 Homeland CCMemo.pdf
11-00234 Homeland Current_Board_Members.pdf
Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
Absent: 1 - Commissioner(s) Carollo
R-11-0137
Priscilla A. Thompson (City Clerk): Then we should be now at BC.12 because we only have a
four fifth, okay, so we cannot consider BC.8 because we don't have a five five. So we're at
BC.12, and BC.12, the Mayor has proffered names for the Homeland Defense board. The
names that he has proffered is to reappoint -- he'll be reappointing Henry Zayas-Bazan and
Maria Sardiha Mann.
Commissioner Sarnoff. So move.
Commissioner Dunn: Second.
Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Dunn. All in
favor, state it by saying iiye. "
The Commission (Collectively): Aye.
RESOLUTION
City ofMiami Page 85 Printed on 5/9/2011
City Commission
Meeting Minutes April 14, 2011
Office of the City
Clerk
BC.14
10-00913
Office of the City
Clerk
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A
CERTAIN INDIVIDUAL ASAMEMBER OF THE MIAMI SPORTS AND
EXHIBITION AUTHORITY FORATERM AS DESIGNATED HEREIN.
APPOINTEE:
Jay Solowsky
NOMINATED BY:
Commissioner Marc David Sarnoff
11-00248 MSEACCMemo.pdf
11-00248 MSEA Current_Board_Members.pdf
Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
Absent: 1 - Commissioner(s) Carollo
R-11-0138
Priscilla A. Thompson (City Clerk): Then after BC.12, we move to BC.14. That is
Commissioner Sarnoff. That is the Nuisance Abatement Board.
Commissioner Sarnoff. But I did have BC.13.
Ms. Thompson: According to my list here, there was going to be a continuance, but if you want
to go ahead --
Commissioner Sarnoff. Okay. I'd like to appoint Jay Solowski.
Commissioner Suarez: Second.
Chair Gort: Been moved by Commissioner Sarnoff, second by Commissioner Suarez. All in
favor, state it by saying iiye. "
The Commission (Collectively): Aye.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A
CERTAIN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT
BOARD FOR ATERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Peter Ehrlich Commissioner Marc David Sarnoff
10-00913 NAB CCMemo.pdf
10-00913 NAB Current_Board_Members.pdf
Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
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Meeting Minutes April 14, 2011
BC.15
11-00202
Office of the City
Clerk
BC.16
11-00154
Office of the City
Clerk
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
Absent: 1 - Commissioner(s) Carollo
R-11-0139
Commissioner Sarnoff.. BC.14, I would move to appoint Peter Ehrlich.
Commissioner Suarez: Second.
Commissioner Dunn: Second.
Chair Gort: There's a motion by Commissioner Sarnoff, second by Commissioner Suarez. All
in favor, state it by saying iiye. "
The Commission (Collectively): Aye.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
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
Commissioner Richard Dunn II
Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be
CONTINUED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A
CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION
ADVISORY BOARD FORATERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Mark Schrieber City Manager Tony E. Crapp, Jr.
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City Commission
Meeting Minutes April 14, 2011
BC.16A
11-00154a
Office of the City
Clerk
11-00154 PRAB CCMemo.pdf
11-00154 PRAB Current_Board_Members.pdf
Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
Absent: 1 - Commissioner(s) Carollo
R-11-0140
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING JOSE
CERDAN AS A MEMBER OF THE PARKS AND RECREATION ADVISORY
BOARD.
Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
Absent: 1 - Commissioner(s) Carollo
R-11-0141
BC.16B RESOLUTION
11-00154b
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:
Jose Reyes City Manager Tony E. Crapp, Jr.
Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
Absent: 1 - Commissioner(s) Carollo
R-11-0142
Priscilla A. Thompson (City Clerk): Then we move on to BC.16, the Parks and Recreation
Advisory Board.
Chair Gort: Mr. Manager.
Tony E. Crapp, Jr. (City Manager): Yes, sir, Mr. Chairman. I'd like to appoint Mr. Mark
Schrieber --
Commissioner Suarez: Thank you.
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City Commission
Meeting Minutes April 14, 2011
Mr. Crapp: -- for the vacancy. And also, I need to remove Mr. Jose Cerdan and replace him
with Mr. Jose Reyes.
Ms. Thompson: We have to do two separate actions for that.
Commissioner Suarez: Move them both.
Ms. Thompson: Okay. No --
Mr. Crapp: Okay.
Ms. Thompson: I'm sorry.
Commissioner Dunn: Second.
Ms. Thompson: The first name is Mark --
Mr. Crapp: MarkSchrieber.
Ms. Thompson: Schriver?
Commissioner Sarnoff. So move.
Chair Gort: It's been move and second. Moved by Commissioner Sarnoff, second by
Commissioner Suarez. All in favor, state it by saying aye."
The Commission (Collectively): Aye.
Commissioner Suarez: Move the other one.
Mr. Crapp: Ready?
Ms. Thompson: You're removing now --
Mr. Crapp: Yes. Removing Mr. Jose Cerdan and replacing him with Mr. Jose Reyes.
Commissioner Sarnoff. Sec -- move -- motion --
Commissioner Dunn: Second.
Commissioner Sarnoff. -- second -- motion, excuse me.
Chair Gort: Motion -- moved by Commissioner Sarnoff, second by Commissioner Dunn. All in
favor, state it by saying iiye. "
The Commission (Collectively): Aye.
Mr. Crapp: Thank you.
Chair Gort: Thank you.
BC.17 RESOLUTION
11-00250
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City Commission
Meeting Minutes April 14, 2011
Office of the City
Clerk
BC.18
10-00919
Office of the City
Clerk
BC.19
11-00252
Office of the City
Clerk
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT
REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
NOMINATED BY:
Chairman Wifredo (Willy) Gort
Vice Chairman Frank Carollo
Vice Chairman Frank Carollo
Commissioner Francis Suarez
Commissioner Francis Suarez
Commissioner Richard Dunn II
11-00250 UDRB CCMemo.pdf
11-00250 UDRB Current_Board_Members.pdf
Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be
CONTINUED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A
CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH
PARK TRUST FOR ATERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Commission AT -LARGE
10-00919 Virginia Key CCMemo.pdf
10-00919 VKBPT Current_Board_Members.pdf
Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be
CONTINUED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A
CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT
ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN.
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Meeting Minutes April 14, 2011
APPOINTEE: NOMINATED BY:
Commissioner Francis Suarez
11-00252 WAB CCMemo.pdf
11-00252 WAB Current_Board_Members.pdf
Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be
CONTINUED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
BC.20 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
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: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
Absent: 1 - Commissioner(s) Carollo
R-11-0089
Priscilla A. Thompson (City Clerk): Now BC. 20. On BC.20, at the March 10 meeting, a
motion was made on names stated for appointment to the Equal Opportunity Board. Following
the meeting, we learned that, through our paperwork, Commissioner Sarnoff appointed or
nominated Michael Barket. Mr. Barket is already a member of the board, okay. So we had to
ask for the reconsideration so that you could review this -- the action. And what would need to
happen is that Commissioner Sarnoff would just need to withdraw Michael Barnett's [sic] name
from consideration and the action, the motion be taken on the three remaining names, Miriam
Urra, Charles Flowers, and James Dixon.
Commissioner Dunn: So move.
Commissioner Suarez: Second.
Ms. Thompson: Wait.
Chair Gort: All right.
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City Commission
Meeting Minutes April 14, 2011
DI.1
11-00274
Department of
Finance
Commissioner Dunn: Is that what he wanted?
Chair Gort: No, no.
Commissioner Sarnoff. And that, correct me if I'm wrong, Madam Clerk, leaves Michael
Barket on the board?
Ms. Thompson: That is correct. He's already there.
Commissioner Sarnoff. You have a motion and you have a second.
Chair Gort: Okey-doke. Any further discussion? Being none, all in favor, state it by saying
aye."
The Commission (Collectively): Aye.
Ms. Thompson: Thank you.
END OF BOARDS AND COMMITTEES
DISCUSSION ITEM
DISCUSSION ITEM
QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT
EXPENDITURES FOR 2ND QUARTER FY 11.
11-00274 Summary Form.pdf
DISCUSSED
Chair Gort: Any other items?
Tony E. Crapp, Jr. (City Manager): Mr. Chairman --
Chair Gort: Yeah.
Mr. Crapp: -- we need to do item DI.1 --
Chair Gort: DI.1.
Mr. Crapp: -- the quarterly update.
Chair Gort: DI.1.
Diana Gomez: Okay. Diana Gomez, Finance director. DI.1 is a discussion
(UNINTELLIGIBLE) the quarterly update of non -reimbursable grant expenditures for the
second quarter of fiscal year 2011, which covers a period of January 1, 2011 through March
31, 2011. For the second quarter, there have been no amounts reported as non -reimbursable.
Commissioner Suarez: Thank you.
Commissioner Sarnoff. That's pretty easy.
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City Commission
Meeting Minutes April 14, 2011
Ms. Gomez: It is.
Vice Chair Carollo: What did you expect? We're doing things right.
Commissioner Suarez: There we go.
Chair Gort: Okay.
Ms. Gomez: Thank you.
Commissioner Suarez: That's the spirit.
Commissioner Sarnoff. Are you having a --
Chair Gort: Thank you.
Commissioner Sarnoff. -- tough tax season --
Commissioner Suarez: That's the spirit.
Commissioner Sarnoff. -- by the way? April 15.
Chair Gort: You're not doing income taxes, are you?
Vice Chair Carollo: What's that?
Chair Gort: You're not doing income taxes, right?
Commissioner Sarnoff. April --
Vice Chair Carollo: I do a little. I do everything.
Commissioner Sarnoff. This is your tax time. This is it.
Vice Chair Carollo: I do everything, buddy.
Commissioner Sarnoff. I saw my tax bill; I almost fainted
END OF DISCUSSION ITEM
EXECUTIVE SESSION
2:00 P.M.
ES.1 EXECUTIVE SESSION
11-00243a
Office of the City UNDER THE PARAMETERS OF F.S. §286.011(8), F.S. [2010]. THE PERSON
Attorney CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILLANNOUNCE
THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO
THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING
LITIGATION CASE OF: MARGARITTE DINGLE VS. THE POLISH AMERICAN
CLUB OF MIAMI, INC., ETAL., PENDING IN THE CIRCUIT COURT OF THE
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City Commission
Meeting Minutes April 14, 2011
11TH JUDICIAL CIRCUIT, CASE NO.: 08-03407 CA 08, AND THEOANDRIA
KENDRICK, ETC., ETAL., V. THE POLISH AMERICAN CLUB OF MIAMI, INC.,
ETAL., PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL
CIRCUIT, CASE NO.: 09-44642 CA 08, TO WHICH THE CITY IS PRESENTLY
A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00
P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES
PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE
SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY
COMMISSION: CHAIRMAN WIFREDO (WILLY) GORT, FRANK CAROLLO,
,MARC DAVID SARNOFF FRANCIS SUAREZAND RICHARD P. DUNN, II;
THE CITY MANAGER, TONY E. CRAPP, JR.; THE CITY ATTORNEY, JULIE
O. BRU; DEPUTY CITY ATTORNEY WARREN BITTNER; AND ASSISTANT
CITY ATTORNEY HENRY J. HUNNEFELD. A CERTIFIED COURT
REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY
TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE
CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE
CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR
COMMISSION MEETING WILL BE REOPENED AND THE PERSON
CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE
TERMINATION OF THE ATTORNEY -CLIENT SESSION.
11-00243a Memorandum Office of City Attorney.pdf
11-00243a Notice to the Public .pdf
DISCUSSED
Chair Gort: We're going to close the meeting now at this time and we 're going to go up -- shade
-- what do they call it?
Priscilla A. Thompson (City Clerk): I'm sorry, Chair. I'm not hearing what you're saying.
Chair Gort: I said we opening up the meeting, but at the same time we're going to close the
meeting and --
Ms. Thompson: You're going to recess, okay.
Chair Gort: We're going to recess.
Ms. Thompson: Yeah.
Chair Gort: Recess, yes.
Julie O. Bru (City Attorney): And let me just -- for the record, I need to read something into the
record. We're going to be conducting now a private attorney -client session. It'll be conducted
under the parameters of Florida Statute 286.0118. This has been properly advertised or
noticed. This executive session will be for purposes of discussing the pending consolidated
litigation cases of Margarine Dingle versus Polish American Club ofMiami, et al. It's case
number 08-03407, and Theoandria Kendrick, et al, versus the Polish American Club ofMiami,
and that is case number 09-44642. This is pending in the circuit court of the 11 th judicial
circuit. The session will be attended by the members of the City Commission; Chairman
W fredo Gort, Frank Carollo, Marc David Sarnoff, Francis Suarez, Richard P. Dunn; the City
Manager, Tony E. Crapp; myself the City Attorney, Julie O. Bru; and assistant City Attorney,
Henry Hunnefeld. Thank you.
Chair Gort: Okay, thank you.
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Meeting Minutes April 14, 2011
M.1
11-00245
[Later...
Chair Gort: We're back from the recess.
END OF EXECUTIVE SESSION
MAYOR AND COMMISSIONERS' ITEMS
CITYWIDE
HONORABLE MAYOR TOMAS REGALADO
ORDINANCE
First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
62/ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "ZONING AND PLANNING/ZONING APPROVAL FOR
TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED, MORE
PARTICULARLY BY CREATING A NEW DIVISION 8, ENTITLED "
TEMPORARY VACANT STOREFRONT WINDOW SIGNS" TO DEFINE
TEMPORARY VACANT STOREFRONT WINDOW SIGNS AND TO ALLOW
FOR TEMPORARY VACANT STOREFRONT WINDOW SIGNS IN CERTAIN
TRANSECT ZONES; PROVIDING FOR A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
11-00245 Legislation.pdf
11-00245 Legislation (Version 2) 04-14-11.pdf
11-00245-Submittal-Inwindow Outdoor.pdf
Motion by Vice Chairman Carollo, seconded by Commissioner Sarnoff, that this matter be
CONTINUED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
Direction by Commissioner Sarnoff to the City Attorney to provide a memorandum addressing
on premise signs in relation to the requirements of the Federal Beautification Act referenced in
Florida Statute Chapter 479; further directing that the memorandum analyze the affects of
these requirements on correspondence dated October 14, 2010, from then Governor Charlie
Christ, regarding the City's ordinance, and whether the regulations outlined in this legislation
will have to go before the Flordia Department of Transportation (FDOT) for approval.
Mayor Tomas Regalado: Precisely regarding the budget, I just want to introduce another idea
to you, and this is an ordinance regarding what is being called "Temporary Vacant Storefront
Window Signs." This is an ordinance that will allow property owners to receive payment for
placing nice window advertising in their empty spaces throughout the City ofMiami. This is a
new thing. Although it's new in Miami, but it's been done in New York for many, many years,
New York, which is the capital of the advertising world. And it has worked in the city of New
York. This does not conflict with the murals for New York is a world capital of the murals, and
it does not conflict with any other advertising. This is something that we could present as a
pilot program with a limited number of signs. Since we printed the agenda, there were some
issues that you may call it technical, so I am respectfully asking you, Mr. Chairman and
Commissioner, to see if we can bring this back on the next Commission meeting after we get
input from your offices and discuss with you all the details, and we're talking details of well,
City ofMiami Page 95 Printed on 5/9/2011
City Commission
Meeting Minutes April 14, 2011
advertising should be black and white. No. It should be in color. It should be 25. Well, you
should get a FDOT (Florida Department of Transportation) permit or whatever. So we want to
make sure that this, it's brought to you in the right way. And we ask you that you give us the
opportunity to meet with you so we can get your input in the next two weeks so we can bring it
back in a printed form with all the details. So if you allow that, you know, we will be in touch
with you.
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Yes.
Vice Chair Carollo: I make a motion to defer to the next Commission meeting.
Commissioner Sarnoff. Couldl speak on that?
Chair Gort: It's been moved. Is there a second?
Commissioner Dunn: Second.
Chair Gort: Second by Sarnoff. Commissioner Sarnoff --
Commissioner Sarnoff. For discussion.
Chair Gort: -- for discussion.
Commissioner Sarnoff. Mr. Mayor, would it be possible to bring it back in 30 days so that --
Mayor Regalado: Absolutely.
Commissioner Sarnoff. -- just so the DDA (Downtown Development Authority) can have an
opportunity --?
Mayor Regalado: Yes. And they -- and by the way, the DDA had a presentation several month
[sic] ago. It was preliminary. But, yes, it's important for the DDA to understand this. I think
it's important even for the Chamber of Commerce to look at this because we're talking on an
idea that it will be good for property owner. Instead of having, you know --
Chair Gort: Vacant stores.
Mayor Regalado: -- for rent in a huge place, they may have a very nice sign, you know, with
advertising, with a national brand, and that it's money for the people that own those empty
spaces and it's, of course, money for the City. We cannot deny that this is part of the budget.
And you know, a little here, a little there, it helps. So with that said, 30 days, the first meeting
ofMay, if that's okay with you. If we can also -- in behalf of the Administration, maybe
Barnaby and Francisco could present this to the DDA, it would be great.
Chair Gort: Okay.
Vice Chair Carollo: Mr. Chairman.
Chair Gort: The maker of the motion.
Vice Chair Carollo: Yes. I amend my motion for the first meeting in May and --
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Commissioner Sarnoff. Also -- I'll accept it. And also, can I speak?
Chair Gort: Sure.
Commissioner Sarnoff. Madam City Attorney, I just would like to make sure we have a
memorandum from you addressing on premise sign and the requirements of the Federal
Beautification Act on Chapter 479 to see whether these are on -premise sign advertising.
Equally, I want to see the effect that this would have on the October 14, 2010 correspondence
from then Governor Charlie Crist regarding the City's ordinance to see if this would have to go
before FDOT for their approval for interagency -- I think they used the word -- determination
by the department of consistency with demonstrated customary use.
Julie O. Bru (City Attorney): We'll provide that to you. You know that, though, ultimately, the
burden will shift to the applicant to make sure that they comply with FDOT regulations. The
definition of signage in that whole Chapter 479 is kind of broad. And to tell you the truth, I
looked at it and I'm not quite sure whether or not this fits into that definition, but we will try our
best to give you a memo. And obviously the law will require that the applicant comply with
FDOT regulations, and we'll also look at that letter from the Department.
Commissioner Sarnoff. Okay.
Ms. Bru: Thank you.
Commissioner Sarnoff. Thank you.
Mayor Regalado: And --
Chair Gort: Thank you.
Mayor Regalado: -- Commissioner, we know that in case that this has to go to the DOT, it will
take about 45 days for every permit, but it's been done in other cities. And this is temporary.
This is a three-month temporary sign which will not conflict with others, so --
Commissioner Sarnoff. Mr. Mayor, in the event it is considered to be -- andl think your vision
might be for downtown, and that's why I'm asking for this. Because my understanding is that it
would have to be 660 feet away from a federal or state highway.
Mayor Regalado: Right. And you know, we know that for a fact, but I would say that we
should not restrict this to downtown, that it --
Chair Gort: Yeah.
Mayor Regalado: -- it should be citywide because there is a lot of opportunities in the City of
Miami, and there are many -- in every district there are many empty places which will be -- and
I think that we should also limit the number citywide so it becomes palatable for property
owners and future advertisers.
Chair Gort: Mr. Mayor, I will tell you, personally I have seen a lot of the properties within the
neighborhoods. Especially in District 1, I have seen it quite a bit in the corridors. The
business corridors, a lot of the shops they close. Andl think this could be an idea, if it could
meet all the requirements, that could bring income to the property owners, which right now
having problem paying their mortgages and paying their taxes. At the same time, hopefully it'll
be temporary because the economy will improve in the near future. Thank you. Any further
discussion?
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Vice Chair Carollo: Yes --
Mayor Regalado: No.
Vice Chair Carollo: -- Mr. Chairman.
Chair Gort: Yes, sir.
Vice Chair Carollo: First of all, I'd like to applaud the Mayor for taking the action that he has.
He actually knows that there are some concerns and all the information's not in, so he's asking
for -- to be deferred to make sure that it's done correctly, so I applaud you for that, Mr. Mayor.
At the same time, is it possible to include some type of photo or sketch to see, more or less,
what the vision is? I think what you are saying is something similar that I've seen in Miracle
Mile. I've seen sometimes storefronts that aren't rented out and they have sort of like, I think,
the vision of what you're saying. It's advertisement, but it's done tasteful. So I just want to see
ifI could see some --
Mayor Regalado: And that's exactly -- you're exactly right. That's the way of -- well, you're
getting some information on it. And there is a model that you can see that we will provide, but
it's exactly right. You're exactly right. In Miracle Mile there is -- and actually, Miracle Mile is
a state road, so we have to figure out this -- because it's Coral Way. It's a state road, so we
don't know exactly, so we will find out.
Chair Gort: And it's Coral Gables, very strict.
Commissioner Sarnoff. I think -- I don't think theirs is actually commercial advertising. I think
it's part of their BID (Business Improvement District) and they put something up there to make
it sort of -- so it doesn't look vacant.
Vice Chair Carollo: Better aesthetic.
Commissioner Sarnoff. I don't think there's a commercial message there.
Mayor Regalado: And --
Chair Gort: Any further discussion?
Commissioner Dunn: No. I just wanted to chime in, Mr. Mayor, to applaud you because this
also can serve as somewhat of a deterrent to vandalism and vagrants, people just hanging out
in front of stores. So it does not only illuminate and brighten the area, it also gives the
presence that this place is being occupied when, really, in most cases it's not, so it helps in that
regard as well.
Mayor Regalado: Andl think it will, you know -- andl notice when we did the Southwest 8th
Street cleanup with Commissioner Carollo and Commissioner Suarez, that there were some
storefronts that were empty that you look inside and you see trash and --
Vice Chair Carollo: Quite a few.
Mayor Regalado: -- it's really an eyesore, so I think that it's a win -win if we do it right and this
is our purpose.
[Later...]
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Vice Chair Carollo: Yeah. I'd like to continue what the Mayor's saying, but before that, can we
take a vote and --
Chair Gort: Yeah.
Vice Chair Carollo: -- vote on this item and then --
Chair Gort: Yeah.
Vice Chair Carollo: -- go into discussion as far as --
Commissioner Dunn: Sure.
Vice Chair Carollo: -- the former City Manager?
Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying aye."
The Commission (Collectively): Aye.
END OF CITYWIDE ITEMS
DISTRICT 1
CHAIRMAN WIFREDO (WILLY) GORT
END OF DISTRICT 1
DISTRICT 2
COMMISSIONER MARC DAVID SARNOFF
D2.1 DISCUSSION ITEM
11-00304
DISCUSSION REGARDING REMOVING SQUATTERS IN VACANT AND
ABANDONED BUILDINGS.
11-00304 Email- Removing Squatters Vacant and Abandoned Buildings.pdf
DISCUSSED
Chair Gort: ES.1. The executive session has taken place. We have -- the Mayor's already
taken care of. DI1, out of the way. D2, District 2.
Commissioner Sarnoff. Yes, sir. Thank you, Mr. Chair. For those of you that have not been
watching or noticing, we've had some issues of squatters in vacant and abandoned buildings.
This is going to sort of build on I think an issue on District 4 Commission pages. We have had
people actually go into vacant and abandoned buildings, pretty much buildings that have not
gone through the foreclosure process by the bank, and we've had people change locks, provide
sometimes fake leases, and it's been a countywide problem. It's actually had one of these
places occur in Gables Estates. There is -- just to show you how high -end this could be. There
is presently before the legislators a bill that is going to give authority if the owner of the
property gives an affidavit or the bank gives an affidavit, the police then can actually remove
the people from the squatting that they're doing in the particular vacant building. I don't know
that there's much the City can do about this, other than -- most of the buildings it's happened to
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are recently abandoned projects from people just giving it -- you know, walking away, as they
say, and just leaving it for their bank. I think it's something we need to monitor. I think the
laws are on the book, but I would ask us to pass a resolution endorsing the House bill that -- I'm
sorry, the Senate bill that is being pressed by Senator Diaz de la Portilla, and I will provide to
Madam Clerk the actual bill number so maybe we can pass a resolution asking that the Florida
Legislature pass this bill because I think it would help us in terms of being able to get -- use
police officers to remove squatters with an affidavit from the owner or the mortgagee.
Vice Chair Carollo: Do you want to pass a resolution today? 'Cause I just haven't read it.
Commissioner Sarnoff.. Yeah, that's all right. And I'll bring it back. I'll bring it back as a
discussion item.
Chair Gort: Five days.
Vice Chair Carollo: No. Bring it back as a resolution.
Commissioner Sarnoff.. As a resolution, okay.
Vice Chair Carollo: Yeah. I just -- I haven't read it so I couldn't vote --
Commissioner Sarnoff.. No, no problem. It's -- I should have put it -- I should have been a little
more methodical with it. But I just wanted to bring it to bear if you guys were experiencing
this.
Commissioner Dunn: Oh, yeah.
Commissioner Sarnoff.. We've had this up in Davis Harbor, again, a very expensive
neighborhood. They actually -- what they do is they change the locks, and sometimes they'll be
handed a lease, which is not really a lease, and it's a problem that's starting to rear its head.
Chair Gort: Commissioner Dunn.
Commissioner Dunn: I want to applaud you on this astute observation on your part. It is
widespread in District 5, and people are actually setting up shop as if it's their property and
then subleasing it out.
Commissioner Suarez: Sublease.
Commissioner Dunn: Yeah, no. That's what the lessee -- yeah, sub -- they're -- I mean, like,
you know, they're actually putting people in buildings and it's incredible. And not to mention
the vandalism and the vagrancies that occur, so I would certainly support anything that might
protect the residents and the quality of life and even these properties. Unfortunately, many
substance abusers set up shop as well in these type situations, so I certainly would be in support
of this -- something like this.
Chair Gort: If you all recall that several month ago, that was one of the major problems that
we had in District 1, especially in the Flagami area, with a lot of the buildings, condominiums
were abandoned by individuals. Now my understanding is also since we have our lobbyists out
there, I want to make sure that the lobbyists follow this one up because this one is very
important to us and make sure that it's -- my understanding is -- I'm not that knowledgeable
with the legislative, butl understand that they can change a lot of things. A lot of times you
begin with one set of rules that you like to have, and by the time they pass it, it's changed
completely. So, please, I want to make sure they're -- our lobbyists are very aware of this
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because this is a problem we're all having. I mean, this is taking place in all of our
neighborhoods and people are really abusing this. And the police and the code enforcement do
not have the power to remove the people. So I'll be -- I'm in full support of it.
Vice Chair Carollo: That was Commissioner Gort who said that, not me, with the lobbyists and
all that.
Chair Gort: Yes. Okay.
Commissioner Sarnoff. All right.
Vice Chair Carollo: All right.
Chair Gort: What's the motion?
Commissioner Sarnoff. Well, I'll bring it back so that --
Chair Gort: You'll bring it back.
Commissioner Sarnoff. -- everybody can see the Senate bill. I don't think the Senate bill has
changed for some time. I think it's a pretty un-American -- you know, you think about this, 20
percent of all the real estate in all of the state of Florida is unoccupied. We're a little bit better
than that in South Florida. Actually, we're not as high. But you go to the west coast, it's
upwards of 27 percent of the real estate is unoccupied. And you can have a person living next
to you -- as the Vice Chair will know, we're about to pay our taxes, or some of us, in the next
couple of days. You pay your taxes. You pay for your police. You pay for your fire. You pay
your mortgage. And a person directly adjacent to you is simply squatting. It really is, I think,
very un-American 'cause you're not pulling on the same end of the rope.
George Wysong (Assistant City Attorney): Mr. Chair, could comment because based on your
- -? The Commissioner has accurately stated the problems -- Commissioner Sarnoff has
accurately stated the problems we have. Oftentimes law enforcement is called out to deal with
these situations and there's a disconnect between the landlord -tenant statute and the trespassing
statute. The officer is placed in a situation where the officer on the scene has to determine who
has the possessory right in the property. We attempted to amend the landlord -tenant statute to
say that the landlord -tenant statute does not apply to squatter situations, and that is the gist of
Senate bill 786, which is currently in the Florida Legislature. It seems though, unfortunately,
as the Chairman has indicated, that there's been amendment -- an amendment to the bill and it
- - in my humble opinion, it seems like they've eviscerated the ability of us to do what we wanted
to do. Now they've changed it from an amendment to Chapter 83 to an amendment of the
trespassing statute itself, saying that if the mortgagee or mortgager provides an affidavit, then
the officer can take action, but that's no different than what's in the statute already. Now an
officer can be preauthorized under the trespass after warning statute. So we're keeping an eye
on the bill, but it's disheartening that we've gotten so much work done, we almost had what we
wanted, and then at the last moment the plug [sic] is pulled out from under us.
Commissioner Sarnoff. Does anybody know what the political force would be to change that?
Chair Gort: Commissioner Suarez, he's got the solution. Yes, sir.
Commissioner Suarez: Actually, I have a question. Not sure it would be the solution, but it --
having a real estate background, it's something that came to my mind. Contracts for the sale
and purchase of land that are not in writing are not enforceable. So maybe the solution would
be that -- 'cause, you know, in Florida you can enter into an oral lease --
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Mr. Wysong: Right.
Commissioner Suarez: -- and that also can be -- and there are some rules that govern oral
leases, but maybe that's not such a good idea, you know, in the sense that a police officer, as
you mentioned, would have to come on the premises and have to decide whether the person is
credible -- credibly arguing that there's an --
Mr. Wysong: Right.
Commissioner Suarez: -- oral lease or there isn't an oral lease. And maybe since there's
already precedent for contracts not being effective -- and it could be a month to month. As long
as it's a written contract -- if they can produce evidence or documentation that they have a
written contract, then it's an owner -tenant law. If they have no documentation, then it's a
trespassing situation --
Mr. Wysong: Right.
Commissioner Suarez: -- so, you know, unless the landlord gets on the phone and says, yeah,
he does. You know, he is a ten -- which I'm assuming if the landlord is the one that called the
police, that's not going to happen.
Mr. Wysong: Well, typically, no. The call comes from the neighbors who notice this family that
has just moved in and --
Commissioner Suarez: So that -- right, so that's another --
Mr. Wysong: Right.
Commissioner Suarez: -- possibility. So that actually protects the resident even more --
Mr. Wysong: Right.
Commissioner Suarez: -- if they call the -- you know, the homeowner and the homeowner says,
no, I do have a lease with them. Maybe he can't produce it at the moment, but I think there is a
way -- it seems to me that there is a way statutorily to deal with this issue.
Mr. Wysong: The only thing would say -- comment on is could you imagine a police officer
coming to your door, knocking on your door saying your neighbors have said that you shouldn't
be here. Do you mind producing a copy of your deed or your contract?
Commissioner Suarez: It's a bad example in my case 'cause --
Mr. Wysong: No, it's true.
Commissioner Suarez: -- I could definitely produce it in half a second because I could get it
from the public records online andl -- you know, at any given moment, unless their servers are
down and I don't happen to have a copy at my house, which I usually do, so it's kind of a bad
example. But for any other person, yes, I could understand what you're saying.
Mr. Wysong: Yeah.
Vice Chair Carollo: Mr. Chairman.
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Commissioner Sarnoff. Is Kirk Menendez here to explain how the deviation occurred?
Chair Gort: You have a question, Vice Chair?
Vice Chair Carollo: No. I was just going to say that comment that this isn't far-fetched. It
actually happened in my district, the same exact scenario that the assistant City Attorney is
stating, in the Roads. So this isn't far-fetched. I actually dealt with it.
Mr. Wysong: Right.
Kirk Menendez (Intergovernmental Affairs Liaison): Oh, I'm sorry. Kirk Menendez, Office of
the City Manager.
Commissioner Sarnoff. My understanding is we had a statute -- or a promulgated draft of a
statute that was effective that has somehow become, according to our City Attorney, less
effective.
Mr. Menendez: The change with regards to the language in a statute it addresses came as a
result of discussions that took place between the firm handling this matter and members of the
Law Department.
Commissioner Sarnoff. We helped effectuate this change?
Mr. Menendez: The language that was provided in terms of tightening the proposed legislation
came as a result of those discussions with --
Mr. Wysong: Well, I think I could clarify. What happened is the sponsor of the bill was a little
concerned with the original language as proposed and said amend it this way, and so we were
the scrivener's but it wasn't our decision --
Mr. Menendez: Right.
Mr. Wysong: -- to change it is my understanding. So we put forth the law that we wanted, and
my position is it was changed for us.
Commissioner Suarez: That kind of happened to me at the -- on the ALF (Adult Living Facility)
bill too.
Commissioner Sarnoff. But what I'm understanding you saying though is that the way it stands
right now, it's meaningless.
Mr. Wysong: That's the way I interpret it because currently in Chapter 810, if a person goes,
fills out an affidavit saying I authorize the Miami Police Department to remove you from my
premises, then that's notice from the owner authorize -- preauthorizing the officer to take
action. You see that every day, those We Care'Signs with the police badge at the 7-11 or the
convenience stores. We do that every day. So this change really doesn't change anything.
Mr. Menendez: And the pushback in the Legislature was that they didn't want the person on the
premises to have to provide documentation, and that's where the discussions and negotiations
happened. They felt that that wouldn't be well received among the voting committee members,
so that's when the discussions happened to find a way around that. And now the way it reads, if
a bank is in possession of the property, the City can obtain the affidavit from the bank or from
the current owner, if it's a vacated property.
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D2.2
11-00305
Commissioner Sarnoff. Well, if we were -- if this law passes, is there a mechanism or a way that
we could get banks to give us pre -authorizations on --
Mr. Wysong: That's currently in the ordinance.
Chair Gort: Good luck.
Mr. Wysong: That's currently in the vacant --
Chair Gort: Yeah.
Mr. Wysong: -- ordinance. It requires them to come in and do a trespass after warning
affidavit.
Commissioner Sarnoff. And whether they're doing it or not is an enforcement issue.
Chair Gort: They're not.
Mr. Wysong: They -- if they don't do it, they can -- they're subject to a code enforcement
citation.
Commissioner Sarnoff. Okay.
Chair Gort: Let me tell you. The cases that I've had in my district, people have come up with
documents, with leases. I mean, you can get that in the computer. All you have to do is go in
the Google and you can get whatever you want out of there. So the policeman -- for the
policeman not being a lawyer, it's very difficult to take action, and that's where we're having the
problem. The biggest problem that we have, we have a apartment buildings the bank own that
we want to buy it from them through HUD (Department of Housing and Urban Development).
We don't get any feedback from them. I mean, the banks are holding onto it. The banks are not
maintaining their properties. Nobody wants to take ownership of any of these property, and this
is one of the biggest problem that we have. People don't want to take ownership so nobody is
responsible, except we are. We enforce it, we (UNINTELLIGIBLE) and we spending the money
securing all those vacant places and we got to do something. I mean, it's -- we can't go on.
DISCUSSION ITEM
DISCUSSION REGARDING THE AT & T EQUIPMENT AT EVA MUNROE
GRAVE SITE.
11-00305 Email- AT&T Equipment at Eva Munroe Grave Site.pdf
DISCUSSED
Direction by Commissioner Sarnoff to the Administration for the Director of Public Works to
appear at the Commission Meeting scheduled for April 28, 2011, and report on whether or not
AT&T has fulfilled its obligation regarding issues involving the Eva Munroe grave site.
Commissioner Sarnoff. All right, Mr. Chair.
Chair Gort: Yeah.
Commissioner Sarnoff. D2.2 s a discussion regarding the AT&T (American Telephone &
Telegraph) equipment at the Eva Munroe gravesite. For those that don't know, the Monroes are
the people who settled Coconut Grove. They're buried right on the corner of McFarlane and
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really off Bayshore Drive. They have removed the -- they put a sewer cover -- what -- I don't
know what the word is for it, but a big metal cap.
Nzeribe Ihekwaba (Director): That was on -- Zerry Ihekwaba, Public Works. The utility
structure that was installed in the grave area was an AT&T handhold, which is simply a
connection box that services the Miami -Dade County Library.
Commissioner Sarnoff.. Well, what was there was a great, big cylinder, which I would call like a
sewer manhole cover.
Mr. Ihekwaba: No.
Commissioner Sarnoff.. That's what was there, Zerry.
Mr. Ihekwaba: Okay.
Commissioner Sarnoff.. I was there the other day.
Mr. Ihekwaba: With all due respect, Mr. Commissioner, every utility infrastructure that is in
that location has been removed --
Commissioner Sarnoff.. No. I --
Mr. Ihekwaba: -- as of last week.
Commissioner Sarnoff.. -- agree. However, the last thing that has to occur is for the restoration
of what was a coral rock ledge. That was taken down when either AT&T or whatever utility
went there and decided to put the box there.
Mr. Ihekwaba: We -- this issue has been lingering for a while.
Commissioner Sarnoff.. About a year and a half.
Mr. Ihekwaba: I've already identified two utility companies responsible for the impacts, AT&T
and Comcast. Comcast has really resolved the issues. We asked the family of Mr. Munroe to
identifi, a suitable restoration company that can handle it to their satisfaction and provide the
City with a cost estimate as to what it takes to accomplish it, and they provided a cost estimate.
Both utility companies agreed in principle to complete -- or rather to contribute towards the
restoration. I believe as ofyesterday your office received a check from one of the companies --
Comcast, which has been transmitted to Mr. Munroe's family. What is pending as of this time is
to encourage and get AT&T to keep up to their part of the bargain. So as of this time, util --
Comcast has already paid their whole fair share.
Commissioner Sarnoff.. All right. Would you report back to me at the next Commission meeting
whether AT&T has fulfilled its obligation?
Mr. Ihekwaba: We are working on that, Mr. Commissioner, and --
Commissioner Sarnoff.. Thank you.
Mr. Ihekwaba: -- I will do that.
Commissioner Sarnoff.. The only reason I brought this up, Zerry, is that we've had this
conversation about 11 times.
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Mr. Ihekwaba: I must confess --
Commissioner Sarnoff.. Not necessarily with you, Zerry --
Mr. Ihekwaba: Yes.
Commissioner Sarnoff.. -- but with the various companies, and it's been about a year and a half
in the making.
Mr. Ihekwaba: This issue has been lingering because it's been on private property and Public
Works doesn't have jurisdiction on private property.
Commissioner Sarnoff.. Well, we --
Mr. Ihekwaba: We've been trying to work with the utility companies to resolve it.
Commissioner Sarnoff.. The only involvement the City had was we issued a permit for people to
do something --
Mr. Ihekwaba: Yeah.
Commissioner Sarnoff.. -- that we should not have issued.
Mr. Ihekwaba: Yes, that's correct.
Commissioner Sarnoff.. That's our involvement.
Mr. Ihekwaba: That is our involvement.
Commissioner Sarnoff.. Okay. Thank you.
Mr. Ihekwaba: Thanks.
D2.3 DISCUSSION ITEM
11-00306
DISCUSSION ABOUT REMOVING ABANDONED CONSTRUCTION
EQUIPMENT AND TRAILERS AT 5604-5610 BISCAYNE BOULEVARD.
11-00306 Email -Abandoned Construction Equipment and Trailers.pdf
DISCUSSED
Commissioner Sarnoff.. D2.3, my office is not out here and we don't have -- All right, well,
here's the issue. All right, Mr. Chair, this is a piece of property that is predominantly -- some
people known it as Kubik, some people known it as the property next to Soyka. This property
has been in this condition for the better part offour and a half to five years. This is a very
significant piece of property from a view corridor of the City ofMiami. If you look at this
particular property, it is fenced in in part. It has a crane that has been up there for the better
part of three years. It's got containers on it. The grass is certainly above 18 inches. It's got
shrubbery on it. It's got debris on it. I have been out there with Mr. Guadix. I'm at wit's end. I
don't know what ordinance they're violating. I don't know what statute they're violating. I don't
know what we can do. I bring this to my fellow Commissioners for help and assistance. If this
is the best we can do on Biscayne Boulevard, I dread to think what it might look like in your
particular neighborhoods.
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Chair Gort: I can tell you. Yes, sir.
Sergio Guadix (Director, Code Enforcement): Commissioner, may I address?
Chair Gort: Yes.
Mr. Guadix: Yes. I've -- we've been out there with the Commissioner. We had been out there
for a long time --
Chair Gort: Excuse me.
Mr. Guadix: -- before.
Chair Gort: What --?
Mr. Guadix: I'm sorry, Sergio Guadix, with --
Chair Gort: Oh, okay.
Mr. Guadix: -- with Code Enforcement.
Chair Gort: Thank you.
Mr. Guadix: And welcome to my world and some of these things. Unfortunately, we have cited
this property. It's been -- it's collecting fines. It's over -- well over $70, 000 and collecting.
Unfortunately, we have -- our lot clearing process -- we have a lot clearing process. When lots
get like this, we can go in there and clear the lot and clean it out, except when there is a fence
which is locked. At that point, because of 4th amendment right issues, we've been advised not
to break the locks and go in there and do what we have to do. Unfortunately, that's where we're
at with that. I have requested an LSR (Legal Services Request) from the Law Department, andl
believe they're already moving on this for injunctive relief. That will hopefully bring it to
another level because if a judge --
Chair Gort: Excuse me. LSR, can you explain?
Mr. Guadix: That's a legal service request. And hopefully, through an injunction, which goes
through a county court and a judge can actually make a ruling and the person that's the owner
of the property can actually be put in jail if they don't abide by these rules of the judge. There
are problems sometimes with the injunctive relief because sometimes it takes a while. Judges
don't look at these issues the same way as they do murders and things like that, so sometimes it
takes a little while. But that is where we're at on this property.
Commissioner Sarnoff. So let me address the City Attorney, Mr. Chair.
Chair Gort: Sure.
Commissioner Sarnoff. So if there's a lock on a fence, we don't do anything?
George Wysong (Assistant City Attorney): The only option is --
Commissioner Sarnoff. I just want to know what our practice is.
Mr. Wysong: Right -- to get an administrative warrant, which the courts aren't very familiar
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with, or number two, to get injunctive relief either ordering them to do it or based on an order
to clear the property, we can then hold the landlord in contempt. There'd be a rule to show
cause hearing as to why they haven't either opened the gate or cleaned up the property. So we
can't just cut locks and enter people's property without due process.
Commissioner Sarnoff. So we're stymied when you put up a fence and you put a lock up. Our
code enforcement stops there, and then we have to go to the Law Department?
Mr. Wysong: Essentially, yes.
Commissioner Sarnoff. Okay. That's -- that is the state-of-the-art of the City of Miami?
Mr. Wysong: Assuming -- well, of course, assuming it's a violation like this where you have to
gain access to the property to remedy the violation.
Commissioner Sarnoff. I'm assuming, for a moment, there's a fence up and it's locked.
Mr. Wysong: Right.
Commissioner Sarnoff. I'm assuming there's no life -threatening issue. Assuming it's just an
eyesore that has to do with debris, has to do with overgrown lot. Assuming that there -- if
somebody got on the lot, there would be potential danger, but outside of the lot, there is no
danger that you can readily see. Assuming all that, which I think would qual -- maybe with
the exception of one place by you, which has a pit which has those metal spikes sticking up,
which I think might be a different issue, but this doesn't look like if somebody got inside, they
would be in that kind of danger. But assuming all those things, the state-of-the-art for the City
ofMiami is that you're saying the best course of action is to go to court, ask for an injunction
that the landlord or owner of the property clean the property and his failure to do so then is a
contempt of court. Have I gotten that right?
Mr. Wysong: Except there's one other angle that the City could pursue, and that would be
obviously to file a foreclosure on the liens that it has on the property. That, of course, entails a
business decision because we would be subordinate to many of the mortgages and
encumbrances on the property, so ultimately the Administration would have to determine that.
Commissioner Sarnoff. The laws that we passed regarding the vacant and unsecured lot -- so if
it's Section 22-118 or 22-12, which would give us special assessment liens --
Mr. Wysong: Right.
Commissioner Sarnoff. -- we're precludedfrom that as a result of the fence and the lock?
Mr. Wysong: Well, we're precludedfrom entering onto the property because of the fence and
the lock, that's it. We can -- if we can observe the violation, which they've observed the
violation through the fence, we can cite people. Here, the issue is how do we remedy the
situation, and the only way to remedy it is to enter the property and clean it up for them
because they're obviously not cleaning up.
Commissioner Sarnoff. So the special assessment lien is only available to us when we actually
remedy the problem?
Mr. Wysong: That's right.
Commissioner Sarnoff. And the thing that precludes us -- so it's kind of like -- it's sort of like --
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I don't want to say that it's illogical, but this particular lock prevents us from having a special
assessment lien so that we then have to go the route of an injunctive relief?
Mr. Wysong: Well, you have the special assessment lien, which is a lien for work actually
performed on the property. That would be the lot clearing. But you also have a lien for the
unpaid code enforcement violations --
Commissioner Sarnoff. But that's going to be subordinate to whoever has a mortgage on this
property.
Mr. Wysong: Exactly.
Commissioner Sarnoff. So in essence, you're saying the most direct course to get this
particular property cleaned up is to go to court and get an injunction?
Mr. Wysong: That's right. It gets the court involved. And essentially, we're waiting for the
check from the Administration to file the injunction action.
Commissioner Sarnoff. Mr. City Manager, do you need the check? It could come out of
District 2, if you'd like. Or do you want me to write a personal check?
Unidentified Speaker: I'll take it.
Commissioner Sarnoff. You'll take it? Come see me later this afternoon. I'll give you a
personal check for the filing fee.
Mr. Guadix: Of course, Commissioner, if those locks were to disappear miraculously, I don't
know, we would definitely go in there and do what we got to do.
Commissioner Sarnoff. So in other words, either get your checkbook out or get your chain
cutter off.
Mr. Guadix: I don't know.
Chair Gort: Let me piggyback on that 'cause that's one of the major problems that we have
throughout the City. You have Code Enforcement, NET (Neighborhood Enhancement Team)
doing their work. They go in, they cited the individuals, and you have properties in there that
the fines that they owe the City is three times the value of the property. There's nothing we can
do, and it's ridiculous. It's going back to -- not to evade the City Codes is the best thing to do.
I mean, you get away with anything you want to 'cause we keep putting liens. Do we ever
collect them? We don't. We have one case. This is the one place that gives me the most
problem within my district since I got elected. We had the police, fire, and inspector going
there at least three, four times a week. That place was taken to court by the property owner
because they were owed money from the tenant. The judge -- all the case were presented, all
the ordinance that we've had, all the infractions that they had, all the times that police and fire
and the inspectors have been there; the judge hasn't made a decision yet. He's got to wait.
Somehow we have to find a solution to this problem 'cause people will continue to live there.
They won't comply. They're still getting fined, but they don't have to pay it. I mean, if we can't
collect, then there is a problem. I think we have to find a way where we can collect some of
this. There's got to be an answer to this.
Commissioner Sarnoff. Thank you, Mr. Chair.
Chair Gort: Sorry.
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D2.4
11-00307
D4.1
11-00277
Commissioner Sarnoff. No, it's fine. And Mr. Manager, before the end of the meeting, I'd like
to talk to you in my office.
DISCUSSION ITEM
DISCUSSION ABOUT IF THE CITY OF MIAMI SHOULD LIMIT THE
EXEMPTION OF CITY OWNED PROPERTY FROM ITS OWN NOISE
ORDINANCE.
11-00307 Email- Limit the Exemption Noise Ordinance.pdf
INDEFINITELY DEFERRED
Commissioner Sarnoff. All right, andl will defer D2.4. Done.
Chair Gort: Okay, Commissioner Suarez.
Priscilla A. Thompson (City Clerk): Commissioner Sarnoff, on your D2.4 --
Commissioner Sarnoff. I'll just -- I'll bring it up --
Commissioner Suarez: Thank you, Mr. Chairman.
Commissioner Sarnoff. -- I'll just bring it up at another meeting.
Ms. Thompson: So you're withdrawing it then?
Commissioner Sarnoff. Or --
Ms. Thompson: Or def -- in --
Commissioner Sarnoff. Yeah, I'll withdraw it.
Ms. Thompson: -- definitely deferring it. Thank you.
END OF DISTRICT 2
DISTRICT 3
VICE-CHAIRMAN FRANK CAROLLO
END OF DISTRICT 3
DISTRICT 4
COMMISSIONER FRANCIS SUAREZ
DISCUSSION ITEM
DISCUSSION REGARDING COMPETITIVE BIDDING PREFERENCE FOR
LOCAL VENDORS.
11-00277 E-mail Competitive Bidding Preference Local Vendors.pdf
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Meeting Minutes April 14, 2011
DISCUSSED
Direction by Commissioner Suarez to the City Attorney to draft an ordinance by the April 28,
2011, Miami City Commission Meeting, that amends Section 18-85 (a) of the Miami City Code,
increasing the current threshold of %n percent'beferenced in Section 18-85 (a), to fifteen
percent; further directing that this increase be applied to Invitation for Bids (IFBs), and
Request for Proposals (RFPs) as outlined by Chair Gort.
Direction by Chair Gort to the Administration for the Purchasing Department to research how
the City of Miami's pre -qualified vendor process used for services provided by local auto body
shops can be applied to other contracting services used by the City.
Commissioner Suarez: Thank you, Mr. Chairman. I'll try to make it very brief. The first item
thatl have relates to Section 18-85 of our Code on competitive sealed bidding. And it's been
brought to our attention by some local vendors that they -- right now, currently as the law
stands, a local vendor whose bid is no more than 10 percent higher than the winning bidder
shall have an opportunity to accept the contract at the low bid amount. We've had some local
bidders who have requested that that 10 percent -- I'm not even sure what to call it, but that that
10 percent preference, I guess is a way to call it, be expanded to 15 percent. I had a chance to
speak with our Procurement director about it. He -- I don't want to put words in his mouth, but
I think he indicated that he didn't have a problem with it. I'm not sure how many people avail
themself [sic] of this provision of our Code, andl mean, I would love to convert it into a
resolution either today or at some point in the future, if that's the will of this Commission to
extend it from 10 percent to 15 percent.
Kenneth Robertson: Kenneth Robertson, Purchasing director. This is part of our Code so any
changes to it would have to be done through an ordinance revision.
Commissioner Suarez: I stand corrected. Yes, it would be an ordinance then.
Mr. Robertson: The local preference ordinance is not applied routinely in the Purchasing
Department. In the last two fiscal years, we've had one formal solicitation where the award was
reversed as a result of local preference. We do have informal solicitations where we apply local
preference routinely. In the last six months, it hasn't been more than four or five times that
we've applied local preference. There is some instance of abuse using this where a vendor will
claim local preference and not actually have a local business that meets the Code definition of
a local office.
Commissioner Suarez: Yeah, andl think in circumstances where there's abuse, I don't think the
percentage is going to make it less or more abusive. I think if someone's being --
Chair Gort: No, but you got to show your license and --
Commissioner Suarez: Yeah. No. What I'm saying is if you're trying to abuse the system, it
doesn't matter. You can abuse it in a number of different ways, so I don't think that's -- the fact
that there's not too many vendors that are using it is an indication that it's not wide enough and
it may not be catching enough people, so it's up to the will of the Commission. I'd like to make
it into an ordinance. I think you had mentioned that you didn't have a problem with it and --
when we briefed.
Mr. Robertson: Correct. I don't have a problem increasing it to 15 percent, although that
bidder would be required to lower their bid amount 15 percent --
Commissioner Suarez: Right.
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Mr. Robertson: -- to match the low bid amount.
Commissioner Suarez: And that's precisely the point. Yeah. They would still have to provide
the service at the lowest bid. It would just --
Mr. Robertson: Correct.
Commissioner Suarez: -- be an expansion of the preference.
Mr. Robertson: Should the Commission wish to investigate this issue, the code language
actually is rather restrictive in that it only talks to bidders and not proposers. The
interpretation of this code section is that it doesn't necessarily apply to a request for a proposal
process, where a respondent to an RFP (Request for Proposals) is considered a proposer and
not a bidder. And so there's not clear code definition --
Chair Gort: (UNINTET,TIGIBT,F) should be (UNINTELLIGIBLE).
Mr. Robertson: -- if we are to apply evaluation points to an RFP process using the local
preference ordinance or not. And so we could take that into consideration as well.
Commissioner Suarez: And by the way, I think know where the Vice Chairman's going to go
with this, but we should -- we're kind of violating our own -- we kind of violated our own
requirement, which is -- which we had kind of imposed -- when I say "we," I mean the District 4
office had kind of imposed on the City Attorney's office, by not including in the discussion item
the code section for you all to not have to look it up and have it, you know, within five days, et
cetera, et cetera. So we'll certainly -- since it's just a discussion item, you know, there's no real
need to take any action today. But I'd like to, if you are amenable, if this body's amenable,
convert it into an ordinance with, you know, plenty of advanced notice so that it can be looked
at, debated, et cetera.
Commissioner Dunn: Mr. Chairman.
Chair Gort: Yes.
Commissioner Dunn: Go ahead.
Chair Gort: Vice Chairman.
Commissioner Dunn: I yield to the Vice Chair.
Vice Chair Carollo: Thank you. Since it is a discussion item -- andl appreciate you bringing it
up, especially as a discussion item. I don't have a problem with it as long as everything else is
equal. In other words, what I'm afraid of is that there is an out-of-town firm that is way
superior and now because we have this ordinance, we can't actually, you know, hire them.
That's where I'm afraid. If everything else is equal, then yes, I will agree andl applaud, you
know, for bringing this up. But like I said, that's my main issue, if -- the only issue right now.
You know, I just don't want to limit ourselves for, you know, someone that's local, as opposed to
someone that may be, you know, maybe, you know, I don't know, from Alabama or wherever,
New York or so forth and they're like the cream of the crop and that's who we really want for an
expertise or something like that.
Commissioner Suarez: Yeah. I think -- and again, I don't -- not sure -- try to see ifI can answer
your question. What we currently have right now in our Code is that it says if an amount of a
bid submitted by a bidder who maintains a local office is not more than 10 percent in excess of
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the lowest other responsive and responsible bidders, such local bidder may be offered the
opportunity of accepting the contract at the low bid amount. So they would have to come down
to the low bid. And so, the issue here would be to extend what is already in the Code from 10
percent to 15 percent to give, you know, another oppor -- a little bit more of an expanded
opportunity for a local person to provide the service at the lowest price, so it's more of a price
thing than it is -- 'Cause I think what you're saying is whenever it's a request for proposal, it's
different. When it's not just a price based analysis, correct?
Mr. Robertson: Correct. An RFP evaluation would be done based on technical merit, as well
Vice Chair Carollo: Right.
Commissioner Suarez: Right.
Mr. Robertson: -- and so there's not --
Commissioner Suarez: So it's --
Vice Chair Carollo: That's where --
Mr. Robertson: Our Code doesn't address evaluation criteria as it relates to local preference.
Vice Chair Carollo: Right. And that's where I'm going.
Commissioner Suarez: Yeah.
Vice Chair Carollo: You're pretty much speaking, as far as what understand, pricing and I'm
speaking about quality.
Commissioner Suarez: Right.
Vice Chair Carollo: So I want to make sure that that doesn't compensate for quality if we so
want to go for, you know, the quality of a firm, yes, that may have a higher bid. However, we
feel that the quality of their work will way be superior to a firm that bids lower in actual price
and, you know --
Commissioner Suarez: Yeah, I agree.
Chair Gort: Commissioner Dunn.
Commissioner Dunn: I want to thank you, Commissioner Suarez, for this item and certainly the
point that Vice Chairman Carollo brings definitely has some merit. But certainly, I believe that
we need to try as much as possible to give better opportunities, I guess, for lack of a better
term, to those persons who are local, andl certainly support that in terms of with the Orange
Bowl, with the tunnel project. We see -- and of course, the plethora of hopefully projects online
that might be coming down the pipe, that certainly I believe will -- we need to stress that
because I know there's been abuse, and know you brought up the issue of abuse, but I don't
think -- that's not the spirit, if I'm not mistaken, of this item. The spirit of this item is to give
our local residents, local business people, local bidders a greater opportunity to participate.
Commissioner Suarez: Thank you. Thank you, Commissioner. So I would just ask the City
Attorney, if she could, to draft an ordinance. It's not -- actually, it's just a slight modification
to our already existing ordinance, changing one word actually. I think from 10 making it 15.
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And then of course, the Commissioners would have beyond the five days hopefully, they can
that beyond so that they can do their own due diligence and make sure that they're in agreement
with the ordinance and we'll go through the normal two reading process or whatever.
Julie O. Bru (City Attorney): And just for clarification --
Chair Gort: Thank you for bringing it up and --
Ms. Bru: -- purposes -- just to clam, is that just with respect to bids and not proposals?
Chair Gort: No. I want to see it for both.
Commissioner Suarez: It's actually Section 18-85.
Ms. Bru: No, no. But the question is, as a matter of policy, you're proposing to increase it to
15 just on bids?
Commissioner Suarez: Yes, yes.
Ms. Bru: Okay.
Commissioner Suarez: And I think that's --
Mr. Robertson: Correct.
Commissioner Suarez: -- respecting what the Vice Chairman said, that he doesn't want it to go
to proposals because he doesn't want qualitative bidding processes to be impacted by the issue.
I think it would just be an amendment to basically Section 18-85(a), and it would change on the
one, two, three, four, five, six, seventh line the word "10, " which is the fourth word from the
left, and it would make it "15. " That would be the change.
Chair Gort: You know, one of the problems being the Chair, I'm the last one to speak. I'd like
to add a little something. A lot of times and with the major companies from outside get
contracts, the work is not being done by them. The subcontract have local people here. So I
would like to see this applied also to local vendors. And the reason being -- andl understand,
Vice Chairman, where you're coming from. I think the -- my understanding is when you answer
an RFP, you got to answer in specific the specification that you request. Everyone has to be
the same. If not, points are taken off. Am I correct?
Mr. Robertson: As -- in terms of quality?
Chair Gort: In term of quality --
Mr. Robertson: Yes.
Chair Gort: -- when you ask for the product, when you ask your questions -- because I've
answered a lot of RFPs. You ask a lot of questions which everyone has to answer. If those
people don't answer those questions, they automatically out. So I would like to see that, if
possible, if you all don't mind, also with the -- and then we can make a decision yes or no, but
I'd like to see it on RFP also. At the same time, I'd like to see in some of (UNINTET,TIGIBT,F)
smaller scale vendors that we have -- for example, GSA (General Services Administration) had
a problem with the body shops. What they did is they qualified local owned body shops within
the City ofMiami, which is quite a few of them. What they do, they have to have the insurance,
they have to have their license. They have to have all the requirement that the City ask for.
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And at the same time, what happens is when there's a car that needs to be -- go into the body
shop, they keep the car there. They ask all the body shops to come in and bid on it. And then
they come back -- they're already there. They qualin, and that takes maybe a week. Instead of
going through this whole process that takes so long for us to do. I'd like to see if that could be
applied to other type of sources that we have.
Mr. Robertson: We use the RFQ (Request for Qualifications) process routinely. We did it for
the insurance brokerage services that was presented last month. But you're correct, that
contract does work in that fashion where the -- we have a list of prequalified local vendors.
Chair Gort: I'd like for you to research and see if that type of contract can be applied to other
consumptions that we have.
Mr. Robertson: Okay. I'll look into it.
Chair Gort: Thank you. Thank you.
Commissioner Suarez: Can I just say -- well, one thing and then move on to the quick second
thing, and then we can go on to whatever. What I want to just say is if you can prepare an
ordinance to be brought back hopefully for the next Commission meeting, if it can be done, with
my change andl can certainly incorporate any other changes that the Chairman has, and we'll
all look at it within the five-day rule and decide whether it's something that we want to support
or not support. Is that -- you think we can get that done?
Ms. Bru: We will work with your Purchasing director to prepare a legislative item for your
consideration.
Commissioner Suarez: Thank you. The next --
Chair Gort: Thank you.
D4.2 DISCUSSION ITEM
11-00324
(D4.2)
11-00324a
DISCUSSION REGARDING PROGRAMS AND FUNDING SOURCES
AVAILABLE TO ADDRESS UNSAFE STRUCTURES AND
VACANT/ABANDONED PROPERTIES.
11-00324 Email - Unsafe Structures and Vacant -Abandoned Properties.pdf
DISCUSSED
RESOLUTION
District2- A RESOLUTION OF THE MIAMI CITY COMMISSION ISSUING A POLICY
Commissioner Marc STATEMENT TO THE CITY ATTORNEY, CITY MANAGER AND THE
David Sarnoff ADMINISTRATION THAT ONE OF THE MOST IMPORTANT ITEMS FOR
THE MIAMI CITY COMMISSION DURING THE NEXT SIX (6) MONTHS,
OTHER THAN THE BUDGET, IS TO CLEAN UP VACANT AND
ABANDONED BUILDINGS; MAKING SAID ITEM A PRIORITY AND
TREATING SAID ITEM AS SUCH.
Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
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Meeting Minutes April 14, 2011
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
R-11-0167
Commissioner Suarez: Mr. Chairman, ifI may move on --
Chair Gort: Yes.
Commissioner Suarez: -- to the next one. The next discussion item that we have on the agenda
is regarding -- is similar to the one that was brought up by the District 2 Commissioner, but this
actually has to do with demolishing the vacant and abandoned structures. And I've been -- I've
spent some time -- because of some of the sensitivities of what's happening in District 5, I've
spent some time in District 5, andl had mentioned to the district Commissioner that was
going to do that. And one of the things that I noticed, particularly in the area of Liberty City, is
that there are a lot of burnt down -- I'm sorry; in the area of Little Haiti, there's a lot of burnt
down houses that are crack -- you know, have become crack houses. Andl remember -- I recall
not too long ago, this Commission approved $800, 000 to Community Development to demolish
vacant and abandoned structures and, as far as I know, not one structure has been demolished
since we allocated that money. So I met with staff andl just wanted to update the Commission
on, you know, where we were in that process. We're trying to find where the bottlenecks are in
that process to see, you know, how we can get to, you know, the final product of actually, you
know, implementing and demolishing these unsafe structures. And what our office discovered is
that we have -- the City ofMiami has obtained demolition orders for at least 60 unsafe
structures throughout the City. The City has also identified those funds, as I mentioned, for
demolition and entered into contracts with a service provider, so contracts are already entered
into to have -- you know, for one service provider to demolish those. And like I said before,
none of these properties have yet been demolished, so we kind of try to get to the bottom of
what the bottleneck was. And apparently, there were some issues regarding flow of
communication, as sometimes happens between departments in the City ofMiami. That's a very
-- you know, that can be a very common thing, and you know, what we learned is that there was
some flow of communications issues between the Building Department and the Legal
Department as far as Legal not getting all the information that they needed from Building to
process and, you know, give clearance to Community Development to do its part of this process
so that we could actually get to the demolition of the structure. And the way it works is once
the City has received a determination of unsafe structure in Building, it goes to Legal. The
Legal Department, you know, analyzes that determination to make sure that it's legally correct,
and then may do some additional notification processes with the owner just to double and triple
check that we are covering ourselves from the perspective of a potential lawsuit. Once that
finishes, it goes to Community Development. Community Development then does its own
in-house environmental study, which essentially, is a determination required by the federal
government that it's not a, you know, historical structure or anything like that and then
Community Development can issue a purchase order and the property can be demolished. So I
believe of the 60 that are to be demolished, before our meeting, only 6 had been given to Legal
from Building, andl think that was one of the things that we worked on getting all the 54 others
over to Legal so that Legal can analyze them and get the ball rolling.
Victoria Mendez (Assistant City Attorney): Right. And --
Commissioner Suarez: You guys want to chime in?
Ms. Mendez: Yes, I will. Basically, the -- right now there aren't any funds for unsafe structures,
let's say, in the budget. The monies are coming from monies that are given in what you
mentioned, from the federal government.
Commissioner Suarez: Right.
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Ms. Mendez: Right now, though, apparently in order to utilize that money and get those
purchase orders, a whole bunch of things need to be done on the Community Development side.
What we've been doing in order to --
Commissioner Suarez: Expedite.
Ms. Mendez: -- because the process that you -- right -- described is pretty much accurate,
except that the legal analysis that I'm doing, I'm doing in tandem with Community
Development, so basically, we're handing over to Community Development as if they're
approved because their process is so much longer, and then if we find a hiccup along the way,
we'll pull that file and we'll stop it. So it's not that there's a --
Commissioner Suarez: Let me ask you a question.
Ms. Mendez: -- holdup in Legal, per se, because we've been doing this in tandem.
Commissioner Suarez: I'm not trying to create a blame game.
Ms. Mendez: Right.
Commissioner Suarez: That's not what I'm trying to do. What I'm trying to do is just, you
know, get this thing done --
Ms. Mendez: Right. The other --
Commissioner Suarez: -- so --
Ms. Mendez: -- thing is the reason why we not double and triple check, what happens is that
there's about 600 unsafe structures in the City ofMiami.
Commissioner Suarez: Right.
Ms. Mendez: A lot of them already went to Unsafe Structures, the board --
Commissioner Suarez: Right.
Ms. Mendez: -- many years ago, but whether it's for funding reasons or just change of
ownership or things happen, then once we get to the point that we're going to demolish -- and
Commissioner Sarnoff knows very well that sometimes we get there and then all of a sudden we
have to serve the owner just to tell him, hey, remember that unsafe structure that we told you
about three years ago --
Commissioner Suarez: Right.
Ms. Mendez: -- we're actually going to demolish it now so that there's no problems with due
process. Because the only two times that you get a 12 person jury is when you're going to take
somebody's property or if there's, you know, a capital offense.
Commissioner Suarez: Right.
Ms. Mendez: So we've -- we really try to make sure that we don't have any problems
liability -wise because when we're going to demolish a property, it's gone.
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Commissioner Suarez: No, I know that once it's --
Ms. Mendez: So that's why --
Commissioner Suarez: -- demolished, it's demolished.
Ms. Mendez: It's gone.
Commissioner Suarez: But --
Ms. Mendez: So that's why -- it's not necessarily that we're putting too many constraints along
the way. It's just we want to make sure that when we demolish something, it's proper.
Commissioner Suarez: Let me ask you a specific question. Of the 60 unsafe structures that I'm
talking about, how many of those cases do you have in your office right now?
Ms. Mendez: Right now -- and I just found out about the 60 number, that it's the -- I guess, the
hot list.
Commissioner Suarez: Right.
Ms. Mendez: We've reviewed -- our office reviewed six --
Commissioner Suarez: Right.
Ms. Mendez: -- that were totally okay.
Commissioner Suarez: Right.
Ms. Mendez: And out of those, about four were demolished by the owner once we sent them
notice through a process server that, hey, we're going to demolish, they decided --
Commissioner Suarez: Right.
Ms. Mendez: -- to demolish on their own. And then we have another seven that we got about a
week and a half ago that are getting service right now.
Commissioner Suarez: Okay.
Ms. Mendez: So we should have word on that -- we're using a different process server, by the
way, Commissioner --
Commissioner Suarez: Good, good, good.
Ms. Mendez: -- so it's a lot faster.
Commissioner Suarez: Good, good.
Ms. Mendez: And that -- we should have word on those in the next few days. So we have 10
that we've reviewed of those 60.
Commissioner Suarez: But I think one of the positive things that came from the meeting in our
office -- and Orlando, you can chime in if you want -- was that I think there was a
determination made by both your offices that the remainder were going to be transferred over
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so that you could start analyzing those immediately.
Orlando Toledo: Yes, Commissioner. Orlando Toledo, director of Building and Zoning. By 10
o'clock in the morning tomorrow, the other 45 properties will be at the Law Department.
Commissioner Suarez: Thank you. And -- thank you. And your process -- he just said the other
45, the remainder, are going to be in your office tomorrow morning. So how long does your
analysis -- and how long does your analysis, Mr. Mensah, take from the moment that you
receive those 45 additional properties?
Ms. Mendez: Well, I mean, if you want them to be done, they'll be done --
Commissioner Suarez: A guesstimate.
Ms. Mendez: -- by -- I could do them as they come in. So let's say 45 would come in, we'll get
them done within a day, if --
Commissioner Suarez: Within a day?
Ms. Mendez: -- you want them to be done like tomorrow --
Commissioner Suarez: Yeah.
Ms. Mendez: -- it could be done within a day because all we're doing is looking at the title
searches --
Commissioner Suarez: Right.
Ms. Mendez: -- looking at, you know, if there's a mortgage, can we demolish.
Chair Gort: I like that.
Ms. Mendez: Will we get our monies back; if ownership has changed, all that information.
Commissioner Suarez: So let's say --
Ms. Mendez: If all that is in the file, we could --
Commissioner Suarez: -- a week.
Ms. Mendez: -- review them --
Commissioner Suarez: Let's say a week.
Ms. Mendez: Okay.
Commissioner Suarez: How long will it take --? And you're going to get -- she's going to get
the 45 tomorrow. You're going to get the 45 when?
Chair Gort: A week.
Commissioner Suarez: A week from that -- from tomorrow? Okay, so next Friday. Expect the
45 next Friday. How long is it going to take for you to do your analysis to make sure that
they're eligible and all the other things that you have to analyze?
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George Mensah: George Mensah, director, Community Development. My process -- there are
certain things that have no control over. The first -- ifI explain a little bit of the process.
When we get it, the first thing we need to do is to send an inspector there. So an inspector has
to visit all those 45 properties, take pictures, and then we have to do -- we have a checklist from
HUD (Department of Housing and Urban Development) that we do. That probably a day, two
days of work from staff. Then it has to go to the City's preservation officer if the property is
more than 50 years old, and most of all of them are. And so it goes to the City's preservation
officer and then, by law, they have -- by regulation, they have 30 days to --
Commissioner Suarez: Thirty?
Mr. Mensah: -- review them and give us an approval.
Commissioner Suarez: From when it goes to them?
Mr. Mensah: When it goes to them. Unfortunately, I understand that we only have one person
working in the preservation office right now.
Commissioner Suarez: What division is that, I'm sorry?
Mr. Mensah: In the historic preservation.
Commissioner Suarez: Okay, so --
Mr. Mensah: So the six that we received --
Commissioner Suarez: Okay, wait, wait, wait. So you're going to get the properties in a week,
so next Friday.
Mr. Mensah: Yes.
Commissioner Suarez: You are going to go out and take pictures of them and do your analysis
before you send it to the historic preservation officer. How long is that going to take you?
Mr. Mensah: All the 45 properties --
Commissioner Suarez: Um -hum.
Mr. Mensah: -- taking -- I'm just looking at it. IfI stop my staff from doing any other
(UNINTELLIGIBLE) by doing just that work, probably -- maybe at least a week for --
Commissioner Suarez: Okay, so it's going to take another week.
Mr. Mensah: -- just doing the pictures. So what will happen is that it should be done --
Commissioner Suarez: Let's say two weeks 'cause I don't expect your staff to do nothing but
this. So let's say two weeks, so that's fourteen days. It's going to go to the preservation officer
in 14 days.
Mr. Mensah: Yes.
Commissioner Suarez: Okay. And how long is that person going to need to make their
determination?
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Mr. Mensah: I don't know. They have -- by regulation, they have 30 days.
Commissioner Suarez: Francisco is there ready for -- with the answer. Ready and willing.
Francisco Garcia: Yes, sir. Francisco Garcia, director of Planning. The Historic Preservation
office is within the Planning Department and typically, as pertains to historic structures, we
first determine that it is indeed designated historic. Hit is, then we want to document it before
it's torn down. That usually involves just taking photos of it and memorializing it in that
respect. If it is not however designated, then we can sign off right away on that referral and
move it on to the next step.
Commissioner Suarez: Okay. So how long will that take to do the 45?
Mr. Garcia: Upon (UNINTELLIGIBLE) we just determine that it is or it is not designated
historic.
Commissioner Suarez: Right.
Mr. Garcia: If not designated historic, we sign off and it goes on on the spot.
Commissioner Suarez: So how many days do you think you'll need with the 45 properties?
Mr. Garcia: We don't know how many are designated. If -- let's assume that all 45 are --
Commissioner Suarez: Right.
Mr. Garcia: -- designated. We would need possibly two or three days to take the appropriate
photographs and that should do the trick.
Commissioner Suarez: So let's say a week. So that's seven more days.
Mr. Garcia: At most.
Commissioner Suarez: Everyone's getting twice the amount of time they need here, okay. So
you need a week and then what? What comes -- what happens in the -- can you notice the
owners in the meantime or would you wait until all this is done before you would notify the
owners?
Ms. Mendez: Well, at least -- when I review them, all I'm doing is making sure that everything
that had to be done to be able to demolish this was done.
Commissioner Suarez: Right.
Ms. Mendez: Simultaneously, all that is supposed to be happening, and I'm serving people --
Commissioner Suarez: But I'm not even assuming that --
Ms. Mendez: -- at the same time.
Commissioner Suarez: -- it's simultaneous. Okay, so you are serving them simultaneously?
Ms. Mendez: Right, because if not, imagine how long. So then if there's a problem, then, you
know, hold off the bulldozers on that one property. Because if not, you're never going to get
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anything done --
Commissioner Suarez: So --
Ms. Mendez: -- so that's why it --
Commissioner Suarez: Wait, wait.
Ms. Mendez: -- you know, what review, which is just, you know, ownership, the title, all those
things.
Commissioner Suarez: Right. It only takes a week.
Ms. Mendez: I do that and then I hand them over so that the rest of the stuff, the funding, the
purchase orders, the historic preservation, all those things are getting done.
Commissioner Suarez: Okay, so --
Ms. Mendez: And then if there's a problem is when we --
Commissioner Suarez: -- you're serving --
Ms. Mendez: -- don't allow a demo.
Commissioner Suarez: -- at what point in this time line? What point are you serving the owner,
on day 7 or day, you know, 21 or on day 28?
Ms. Mendez: As soon as I review it, then I hand them over to a process server telling them
serve the mortgagee, serve these two owners, serve --
Commissioner Suarez: So you're serving --
Ms. Mendez: -- this --
Chair Gort: Right away.
Ms. Mendez: I'm serving like maybe four people per property.
Commissioner Suarez: On day 7. You're sending out the process server on day 7 of this
process.
Ms. Mendez: Of the one you're delineating, yes.
Commissioner Suarez: So you'll be sending out 45 process servers, 45 service notices seven
days --
Ms. Mendez: More.
Commissioner Suarez: -- from today?
Ms. Mendez: More because ifyou have --
Commissioner Suarez: Right, because you may have --
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Ms. Mendez: If you have a property --
Commissioner Suarez: -- mortgagees, et cetera, et cetera.
Ms. Mendez: -- you're going to have about --
Commissioner Suarez: Okay.
Ms. Mendez: -- two mortgagees, two owners --
Commissioner Suarez: Okay.
Ms. Mendez: -- I mean on average on these properties, so maybe three service packages per
property.
Commissioner Suarez: Got it. So how long do you expect it to take to serve these people?
Ms. Mendez: At least -- to know if we can reach any, the good faith basis all that, normally it
takes about two weeks for everything to come back on that.
Commissioner Suarez: Okay. So that's running concurrently, so you're right at the same time
that it's coming to historic preservation.
Ms. Mendez: Right.
Commissioner Suarez: If you're not able to serve people in a certain period of time, can you
constructively notice them?
Ms. Mendez: Well, if we can't find anyone, you know, we still go forward because we tried, we
did the good faith effort. They were noticed, nothing changed so --
Commissioner Suarez: So you don't have a requirement to -- if you don't get actual notice, if
you don't get actual service, you don't have a requirement to publish or anything like that?
Ms. Mendez: No.
Commissioner Suarez: Okay.
Ms. Mendez: Not in this case because all of this was already done and assuming nothing has
changed, the lien has been recorded, there is constructive notice. The only ones I'm really
worried about actually are mortgagees because they're the ones that would really get upset if
their collateral got damaged more than an owner.
Commissioner Suarez: Well, they should be taking care of their collateral to begin.
Chair Gort: That should be on record, I mean.
Ms. Mendez: Correct, but --
Commissioner Suarez: So --
Chair Gort: That shouldn't be any problem.
Ms. Mendez: -- those are the ones I'm more worried about.
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Commissioner Suarez: -- I don't think anybody here is sympathetic to the banks so -- so we're
talking about 28 days from now. And is there any money bottleneck in this process? Do you
have the money to serve -- do you have it in your budget to send out those process servers?
Ms. Mendez: Right. Normally, it comes from the NDA (Nondepartmental Account) account or
at least -- let's put it to you this way. The corporations that we're using to serve, they serve first
and then they wait a while to get paid.
Commissioner Suarez: So --
Ms. Mendez: I mean, they -- but at least they --
Commissioner Suarez: -- let's do this. Let's have a discussion item, the exact same discussion
item, 30 days from -- two Commission meetings from today. By then we should have had Legal
look at all -- and the reason why I'm doing it like this is because we demolished one property in
my district. It took -- I don't know how many months andl don't know how much cajoling to get
it done, but it got done. So now I'm goingfrom -- I'm graduating from the school of one to the
school of sixty, and then I'm going to try to graduate from the school of sixty and go to the
school of six hundred, which is the next level, okay. So, in 30 days we should have had it out of
Legal in 7 days, into CD's hands; 14 days from then, it should go to historic preservation,
which is 28 days from now. Okay, that's two Commission meetings from today. At the end of
that process, we should have -- essentially, we should be ready to go then.
Ms. Mendez: I think the things that were left out is on the Building side, there has to probably
be asbestos, permitting, sink caps, all that stuff that'll take about another week or so, two weeks
Commissioner Suarez: Okay.
Ms. Mendez: -- in there.
Mr. Toledo: Let me -- a small explanation. There is a permit that gets issued. That permit --
Commissioner Suarez: For demo.
Mr. Toledo: -- is issued probably in about three to five days. The biggest issue that then I'm
going to have is the fact that I only have one vendor --
Commissioner Suarez: Contractor.
Mr. Toledo: -- or one contractor --
Commissioner Suarez: Right.
Mr. Toledo: -- that can demolish. Because I only --
Commissioner Suarez: He can't handle the business?
Mr. Toledo: -- have one and a house usually takes about a week, week and a half --
Commissioner Suarez: Right.
Mr. Toledo: -- or a property --
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Commissioner Suarez: Per house?
Mr. Toledo: Per house. Due to the way it needs to be (UNINTELLIGIBLE), the way it needs to
be looked at. The big question is how quickly can this company --
Commissioner Suarez: That means it would take -- I mean, if they can only demolish one house
a week, it would take them 60 weeks to do it.
Mr. Toledo: Yeah. I only have one company. That's the only company I have.
Chair Gort: Excuse me.
Commissioner Suarez: You know.
Chair Gort: Let me ask you a question.
Commissioner Suarez: That company can only demolish one house a week?
Chair Gort: That other company was through an RFP (Request for Proposals).
Mr. Toledo: Yes.
Chair Gort: RFP. Okay, can we have the -- look at it and see -- because I'm sure there's a lot
of contractors out there that would love to knock houses down --
Commissioner Suarez: Of course.
Chair Gort: -- and they're looking for jobs. If we can qualify four or five individuals --
Mr. Toledo: That would be the idea.
Chair Gort: -- and put them all to bid. Show them the properties; how much you're going to
charge me, and give them --
Commissioner Suarez: Absolutely.
Chair Gort: -- to the lowest bid. I mean, we got to start expediting that. If you excuse me a
minute.
Commissioner Suarez: Absolutely.
Chair Gort: I'm glad you brought this, but let me give you my experience. When I first got in,
there's a property located at Northwest 23rd Street -- 23rdAvenue and 28th Street. That
property has been closed. It was owned by the County. It was about 3 two-story buildings or 4
two-story buildings for the last ten years. They've had all kinds of problems taking place in that
property. Finally, working with Public Works and with the Community Development, we got the
funds to knock them down. I think the process with the funds and all that we got about a year
ago. The permits are all there, but we can't knock them down. So can you go into the detail
why, what are the other problems that we have?
Mr. Mensah: George Mensah, director of Community Development. (UNINTET,T IGIBT,F) --
with this particular one, some of the issues we have, the County also involved because it's a
public housing activity. Before -- when we were ready to go and demolish the house, the
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County said, oh, wait a minute. You can't demolish it because we don't have an MOU
(Memorandum of Understanding) with you so -- to demolish it. So we had to have an MOU.
We came to City Commission to get an approval to sign an MOU. It went to the County. The
County approved it in January, and we were ready to move ahead. We have an asbestos
contractor already chosen. Asbestos contractor then goes there and he says, well, according to
my contract, the City is supposed to provide me with water and electricity. And the City said,
oh, no. According to your contract, you are supposed to provide water and electricity, so that
is an issue going on. Meanwhile, Miami -Dade County said, okay, we will provide the water and
electricity for this to go on. And -- so that is where we are. I had a conversation with the
Purchasing director yesterday --
Commissioner Sarnoff. Can I interrupt you guys 'cause I'm so embarrassed for you. I'm so
embarrassed for the City, listening to this discussion. They built the Espirtu Santos building in
less than two years and you guys can't demolish 60 buildings. There's something wrong here,
okay. The Mayor in his State of the City address talked about this very issue. There's
something systematically absolutely wrong here.
Chair Gort: Commissioner --
Commissioner Sarnoff. You know -- let me finish. I apologize, Mr. Chair. But I have sat here
in sheer amazement, andl am now absolutely convinced government can do nothing. Andl am
going to push for the private sector because I am just watching excuse after excuse after excuse
and this Commission -- and I'm sure every Commissioner here is getting the grief the
clobbering of why buildings are just perpetually out there receiving perpetual Code
enforcement liens, why special assessment liens are not coming up. There better be a new
thought process in the City ofMiami because you're taking us nowhere. The biggest problem
facing the City ofMiami today are vacant and abandoned buildings, period. Twenty percent of
all of Florida is vacant. You cannot have vacant buildings in a municipality the size of the City
ofMiami. And the best you guys can do is talk about a process and procedure that you have yet
to tear down a building or you've done one.
Chair Gort: Commissioner, the reason I'm allowing all this discussion taking place because I
got a point that I'm going to bring in at the end. I got two pocket items here that I'll bring it up
at the end. I'm sorry. I didn't mean to interrupt. Go ahead.
Commissioner Suarez: No. Thank you, Mr. Chairman. I thinkl want to continue to proceed
along my timeline here. And basically, where I'm at with this is that in 35 days, we should be
demolishing a house, at least one. So if we have a contractor ready to demolish houses, I think
we should have a house demolished in 35 days, according to your timeline. So one out of
forty-five -- we should be able to get one in forty five days. And in the meantime, I think you
should work on a parallel course to get more -- if -- I don't know who the company is. I mean, I
know --
Chair Gort: More contractors.
Commissioner Suarez: -- we've approved a contract, but I don't know -- I can't imagine that a
demolit -- that a company that specializes in demolishing can only demolish one house --
Chair Gort: At a time.
Commissioner Suarez: -- a week. I mean, that's like saying that a contractor can only build
one house at a time. I mean, there are contractors that can only build one house at a time, but
-- I mean, are we saying that our current vendor can only demolish one house -- they have no
more capacity than to demolish one house at a time? Is that what we're saying? Is that what --
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is that what's happening here?
Tony E. Crapp, Jr. (City Manager): Mr. Chairman.
Commissioner Suarez: Andl don't know. I don't know the answer. I don't know who the
vendor is. I don't --
Mr. Toledo: Well, I'm sure, Commissioner, that the reason why they could do only one at a time
is because I'm sure they're demolishing other things in other places. I mean --
Commissioner Suarez: Right.
Mr. Toledo: -- so that could be one reason. I mean, another reason is are the funds there. I
mean, we've started some of these and the funds had not been there.
Commissioner Suarez: But, Orlando, I don't mean to argue with you 'cause I think you're great
and you're an incredible worker here. My question is, is it possible that they can demolish more
than one house at the time? In other words, if we were to give them, you know, at the end of
this 35 days, three orders, could they be demolishing three houses at a time, or they just don't
have the capacity to do that --
Mr. Toledo: I'm sure that -- and --
Commissioner Suarez: -- or we just don't know?
Mr. Toledo: Well, first of all, I don't know if they have the capacity to do that because we
haven't done it in --
Commissioner Suarez: We haven't tried it.
Mr. Toledo: We haven't tried it.
Commissioner Suarez: Right.
Mr. Toledo: That's first. Second, ideally, what you would try to do was to demolish three in the
same district. That way, you don't mobilize all around the City, so yes, that could be done.
Commissioner Suarez: I don't have a problem with that.
Mr. Toledo: Okay.
Commissioner Suarez: Andl don't have a problem -- we could start from that side and we can
go this way and I'll be last. I don't have a problem with that, you know. I just -- I think we need
to do this and we need to do this fast. Andl would like to bring this back -- if it's going to take
35 days and we'll bring it back three Commission meetings from now, and I'd like a full status
report as to the timelines involved here based on what talked about today as to when things
transpire along this timeline. Andl would hope that at the end -- 'cause I'm giving you now an
extra week. That's, you know, 42 days -- I would hope that at the end of that, you know, three
Commission meeting period there would be a report that you have already started to demolish
as many houses as the vendor has the capacity to demolish --
Mr. Toledo: Right.
Commissioner Suarez: -- and that we would be operating on a parallel track. If that vendor
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doesn't have capacity, like if we're set to go -- like if in the three Commission meetings you tell
me, look, we're ready to go, end of the process, we're just being held up. The bottleneck now is
we have a vendor that can only do three at a time and we have 40-plus that have gone through
the entire process or more. I would hope that we would be operating on a parallel track to get
a vendor if you determine very, very shortly that this vendor can only do a few at a time to be
able to get more vendors, as the Chairman stated, to get -- to bang out the rest of them --
Mr. Toledo: Okay.
Commissioner Suarez: -- to just finish the rest of them.
Chair Gort: Okay.
Commissioner Sarnoff.. Mr. Chair.
Commissioner Dunn: Mr. Chair.
Chair Gort: Yes.
Commissioner Dunn: I just -- again -- I mean, I don't want to sound like a broken record. This
has been really a District 5 nightmare because constantly, we're being bombarded -- I know I
am, and I'm sure -- and that's why this -- I want to commend you, again, Commissioner Suarez,
for bringing this up. I mean, I appreciate the process. It is an arduous process, but certainly,
hopefully, we can get to the root of this and figure out a way where we can do better because
this is really -- I mean, I'm taking a beating and it's not that we're not following up, but then
you run into all these U-turns and all these, you know, dead-end streets and you find yourself
really frustrated. And mean, to your credit, I know, you know, legally, you and -- I always say
that you have a legal mind, as well as Commissioner Sarnoff. And it's a frustrating process. I
just wish we can find the right paradigm and then work from it. Andl guess that's what think
you're trying to do now to help figure out how we can expedite this process.
Commissioner Suarez: That's exactly what I'm trying to do. I'm not trying to throw anybody
under the bus. Everybody knows I'm not like that. I'm not here to point fingers or try to make
someone feel that -- you know, I know everyone is busy. I know everyone's working hard, you
know. But I think we have to create -- and this is good for anybody in a profession -- deadlines
that we can follow up on and monitor our progress. And sometimes in a process like this, you
have to get everybody on the same page and say, okay, let's get everybody in the room --
sometimes one department doesn't talk to the other for whatever reason -- let's get everybody
together. Let's talk to each other and let's see how much time it's going to take. You know, the
City Attorney says she can analyze them in a day. We're going to give her seven days, okay.
CD says he's going to take -- it's going to take him, you know, a week; we'll give him two weeks.
You know, the historical preservation officer said it'll take him a couple of days; we'll give him
a week. You know, Building says it's going to take a couple of days to pull those permits; we'll
give a week to pull that permit. But at the end of that process, we have to have something. We
have to be able to say that we have something and that this process is much further along than
it was and we're ready to go. And if our bottleneck is that we have a vendor that can only do
three houses when we have forty ready to go, that's kind of a hard scenario to believe, with so
much construction related -- you know, need for construction -related work out there, you know
-- and the money's allocated and ready to go. You know, I think it's just time for us to move
forward on this.
Commissioner Dunn: Let me ask --
Chair Gort: Commissioner, let me --
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Commissioner Dunn: May I --? One more -- can I please --?
Chair Gort: -- tell you what I've been saying that we need to do here. In the private sector,
when you have a corporation, you get together, all the directors, you sit down and you analyze
what your projects are, what the problem are and how can we all work together to find a
solution to the problem. And the big question -- every time I go into any meeting, my question
is do we want to do it or we don't want to do it. If the answer is we want to do it, let's all get
together and find ways to do it. The problem that you have here, a lot of times I don't think
there's communication among departments. I think you hear one thing -from one department
and then somebody else, oh, I was not aware of it. That's not my -- Somehow, Mr. Manager --
andl think you andl discussed this a whole bunch of times. We need to get all our directors
together and we need to work on all of the projects, being legal, being police, being fire, being
sanitation, public works. We all have to work as a team.
Mr. Crapp: Mr. Chairman, you're absolutely right. We've had that conversation, and we have
started the interdepartmental meetings. But I will say that the passing the buck and the
miscommunication is not going to be tolerated by me. I don't want these type of items to take
place while I'm up here, so we're definitely going to address this issue and these types of issues
going forward. I agree that a lot of the passing the buck is inexcusable and we 're going to
address it. We have started those meetings, but obviously we have some more that we need to
do and we're going to start to address that immediately.
Chair Gort: I got -- we have to work very close with the Legal Department also. They're going
to be part of that.
Commissioner Sarnoff. Mr. Chair.
Chair Gort: Dunn first and then --
Commissioner Dunn: Just to piggyback on that. Andl believe this is what -- let me see in my
layman's mindset ifI -- in my layman's mind ifI -- could there be a one-, two-, three-, four-,
five -step process? This is what you do. Okay, if you want to get a building knocked down, you
go here, here, here, here, here, here, here, boom.
Commissioner Sarnoff. You're asking for a flowchart.
Commissioner Dunn: Exactly. That way we don't get, you know --
Commissioner Sarnoff. Why don't you ask the City --
Commissioner Dunn: Can I -- 'cause I --
Commissioner Sarnoff. -- Attorney.
Commissioner Dunn: Yes. We -- where we have a process where you -- you know, step
program. You go here first. You go -- if you -- if there's a code enforcement problem, you want
to get a building knocked down, these are the steps that you take, and this is the sequence in
which you take the steps because what happens, you know, you get hung up over here -- and
that's what we've been saying the last --
Commissioner Suarez: Yeah. Again --
Commissioner Dunn: -- 30, 40 -- But if there's a -- it seem like it's be -- at least the process
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could be simplified, and then we know you allow for unaware and variables and all that kind of
stuff but at least you know this is the process that you do. You know, just like if you're getting a
permit for a house -- to build a house or building a building, if you will. You got to -- you
submit your plans. You do the this, you do that, and then you know the process. So maybe this
could be -- I don't know if we could look at setting up some type of paradigm where there's a
process that we can take 'cause, again, I'm telling you, it's a nightmare. I know for me it's -- I'm
getting --
Chair Gort: Commissioner Sarnoff.
Commissioner Suarez: And --
Commissioner Sarnoff.. Let me just --
Commissioner Suarez: Sure.
Commissioner Sarnoff.. Just two things. First off I think what we're missing here is special
assessments and the fact that this Commission should be making sure that this -- Code
Enforcement is specially assessing buildings whenever and whenever possible, and then we sell
our special assessments in the free market. Why? 'Cause we're no good at foreclosing. Let's
sell them. Okay, what do I mean? The cost of lot clearing --
Commissioner Suarez: That's not a bad idea.
Commissioner Sarnoff.. -- and demolition expense, specially assessable. Cost of waste removal
and right-of-way cleaning, specially assessable. Even your good work is specially assessable.
I've seen you out there cleaning. Fire assessment -- rescue, that's assessable. Cost of securing
and reasonable repairs to vacant, blighted, unsecured, or abandoned structures, specially
assessable. Now, where's Code Enforcement? Mr. Guadix, you just did the -- a great job, by
the way, but you -- almost done 'cause you have to put a fence up still, but you just did the
Vagabond.
Sergio Guadix (Director, Code Enforcement): Yes.
Commissioner Sarnoff.. Did you special assess it?
Mr. Guadix: I will be special assessing it, yes.
Commissioner Sarnoff.. Okay. Now what he's going to do is he's going to say there's a $7, 000
ballpark special assessment. Guess what.
Mr. Guadix: Thirteen thousand, nine hundred and fifty.
Commissioner Sarnoff.. Fifteen thousand nine -- let's sell it. Let's sell it.
Commissioner Suarez: I'm fine with that.
Commissioner Sarnoff.. Let's see -- and you know what? That's going to prime whoever thinks
they own that property and has a mortgage on it. It happens to be a private person.
Commissioner Suarez: That's what we do with our taxes.
Commissioner Sarnoff.. Exactly.
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Commissioner Suarez: We sell delinquent taxes.
Commissioner Sarnoff. Exactly. Since we're not capable of foreclosing and maybe you don't
want to foreclose, you're going to get your $1, 500 back. Why? Because that person who buys it
is going to prime for the mortgage holder. And he's going to say, you know what, I just bought
myself some property real cheap. And whether -- and when he goes to foreclose on that special
assessment -- and by the way, there's a memo I've put in front of you. They are sellable. Let's
get in the business of cleaning up this city. And the way to get into the business of cleaning up
this city is to get the private sector involved to buy the special assessments. Now two other
suggestions for you guys. Let's pass a resolution to the City Attorney and to the City Manager
identfing that the most important item that this Commission finds for the next six months,
other than budget, would be to clean up vacant and abandoned buildings. Andl make that
motion.
Commissioner Suarez: Yeah. I would second that motion, and don't know if the Vice
Chairman --
Chair Gort: It's a motion by Commissioner --
Commissioner Suarez: -- would agree --
Chair Gort: -- Sarnoff, second by Commissioner Suarez.
Commissioner Suarez: -- because he's very invested in a lot of issues.
Chair Gort: Discussion. Yes.
Commissioner Suarez: I would second that motion. I don't know, you know, who else would
agree with that. I think it's a huge issue, andl think, you know, there's issues that are important
to my district, for example, like assisted living facilities. I think he's got the legislative issue
that he's advocating for, so, you know -- but I don't have a problem passing that resolution.
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Yes.
Commissioner Suarez: I think -- and ifI just may 'cause I'm going to -- I think may resolve
your concern 'cause the concern -- our concerns on our issues are legislative. They don't have
to do with the City -- I mean, they don't have to do with the City's administration, per se, like
totally. This is more of a what should we be dedicating our time and energy and resources to as
City Administration for City -related functions aside from, obviously, you know, police, fire, and
solid waste. It's like -- it's just saying, you know, look, this is a very, very important issue. And
as between this and something else, this should take priority.
Commissioner Sarnoff. It's a policy statement.
Commissioner Suarez: Right.
Commissioner Sarnoff. This Commission's making a policy statement that it sees a problem out
there and it's directing the City Attorney and it's -- 'cause that's somebody we employ --
directing the City Manager -- I guess, equally somebody we employ -- that this is a policy of
this Commission to find a solution.
Vice Chair Carollo: Mr. Chairman.
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11-00374
Chair Gort: Yes, sir.
Vice Chair Carollo: Thank you. I don't have a problem saying that yes, we're directing the
Administration to find a resolution, that it is a problem. Andl don't mind saying that it is a
major problem and of great importance to this Commission. However, saying that it's the most
profound problem that we have in the City of Miami and -- I think that's starting to go a little
too far.
Commissioner Sarnoff. As amended.
Vice Chair Carollo: Okay. Thank you.
Commissioner Suarez: So just for clarification, we're basically saying that this is a very
important problem in the City of Miami. It's one of the most important problems in the City of
Miami.
Commissioner Sarnoff. And we ask that this take some priority.
Commissioner Suarez: And we ask that it be treated as such.
Chair Gort: Okay. Any further discussion?
Commissioner Suarez: I amend my second to reflect those comments.
Chair Gort: You already been put as second for that.
Commissioner Suarez: Okay.
Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye."
The Commission (Collectively): Aye.
Chair Gort: This is great.
END OF DISTRICT 4
DISTRICT 5
COMMISSIONER RICHARD P. DUNN, II
END OF DISTRICT 5
NON AGENDA ITEMS
DISCUSSION ITEM
DISCUSSION BY MAYOR REGALADO REGARDING FISCAL YEAR 2011
AND FISCAL YEAR 2012 BUDGETS.
DISCUSSED
Chair Gort: Mr. Mayor.
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11-00375
Mayor Tomas Regalado: Thank you very much, Mr. Chairman, Vice Chairman,
Commissioners. Good morning. And I'm here to introduce in behalf of the Administration an
item. First, let me say that I am very, very happy that we will comply with the commitment that
we make to you and to the residents of the City ofMiami that we will be able to finish the
budget year of 2011 with no action into the reserves. That is important because in the last five
years, we have had to go into the reserves. So it is because of you, the way that you created
this budget and because of the Administration taking many, many, many steps that would
protect the reserves. This is a milestone and we are very happy. We are working, as of today,
on the new budget which, of course, like every year, but this coming year will be difficult, but
we're working with the commitment of no property tax increase and no fees increase, which is
important because the first time we did this, we sent a message to the investors, the residents
that Miami is the place to come and invest, and it has worked. We are opening new businesses
in the City ofMiami. We are, for your information, working with several groups to bring more
investment to the City ofMiami and, of course, we're looking at several major projects in the
City of Miami during this year, and it's all because of what you did in the budget process,
taking difficult decisions, but maintaining the services, maintaining the integrity of all the
services and, yet, not increasing taxes. So we're working with the Administration to create a
budget for you to discuss with no property tax increase, and this will be the first time that in two
years, the residents and the property owners of the City ofMiami will pay less in the last ten
years. So in the past we have said no, we did not raise taxes, but the property values went up
and the people had to pay more taxes. When we finish the next budget, it will be the second
year in a row that people will be in Miami paying less property taxes, and that's a victory that
is because of you and the commitment that we made to the people ofMiami.
DISCUSSION ITEM
MAYOR REGALADO AND THE MIAMI CITY COMMISSION
CONGRATULATED THE FORMER CITY MANAGER, CARLOS A. MIGOYA,
ON HIS SELECTION AS THE NEW CHIEF EXECUTIVE OFFICER OF
JACKSON HEALTH SYSTEM.
DISCUSSED
Mayor Tomas Regalado: And another notice in another item I just wanted to tell you, but of
course you all know that the former City Manager of the City ofMiami, Carlos Migoya, had
been appointed as CEO (Chief Executive Officer) ofJackson Health Trust, and so we are --
Applause.
Vice Chair Carollo: Mr. Chairman.
Chair Gort: We teach a lot of people here in the --
Mayor Regalado: And --
Chair Gort: -- City ofMiami to do better in other places.
Mayor Regalado: -- last night spoke to him and say, well, now, if my insurance doesn't
cover an operation, I can come to you. He said, no way, you know. I'm going to cut down here.
But it's important because -- actually, the fact that he was selected is because he not only had
banking experience, but he had an experience with a difficult situation in the City ofMiami, so
we are very proud of that and we wish him very good luck.
Commissioner Dunn: Mr. Chair.
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11-00370
Chair Gort: Thank you, Mr. Mayor. Yes.
Commissioner Dunn: Well, I'll yield to the Vice Chair.
[Later..]
Vice Chair Carollo: And Mr. --
Chair Gort: Thank you.
Vice Chair Carollo: -- Chairman?
Chair Gort: Yes, sir.
Vice Chair Carollo: Thankyou. Actually, yes. I, for one -- andl know I stand here with my
colleagues thinking the same thing. I'm extremely proud of our former City Manager because,
yes, I mean, in all fairness, we were here as a team; worked as a team through some very
difficult times. And it's very good to see that when members of our team -- former team move
on, they go to bigger tasks. I think some of us or a lot of us or even all of us were a little
disappointed to see him leave so soon, but he did his -- what he said he would do and moved
on. So I think we're all really proud of him, andl wish him all the best. I know he's got a
difficult task at hand, but I really do feel he is the right person to get Jackson back to where it
needs to be. Thankyou.
Commissioner Dunn: Mr. Chair.
Chair Gort: Yes, Commissioner Dunn.
Commissioner Dunn: And let me just chime in in the midst of all of the celebrations and
hoopla. Certainly Mr. Migoya did a marvelous job, phenomenal job here as City Manager, but
it also speaks to the wisdom and prudence of you having the courage and the wisdom to appoint
such a manager. So it's a win -win -win for everybody because -- andl guess the biggest winners
at the end of the day would be the taxpayers because we took some hard choices. Andl
constantly remind people that we -- it was not easy and -- but, you know, he took a firm stance
and he stood with it. And at the end of the day, that's what people recognize when you -- you
know, you may not -- it may not be a popular decision, but if it's a sound decision and a good
decision for the people, at the end of the day, that's what people recognize. And I'm sure that
was probably the basis of the determining factor for him being appointed.
Chair Gort: I'd like to say I was very happy to see him in there. As you all know, the health
district is one of the biggest employers within District 1, and we have a lot of plans and study
that I've looked at it that you guys had put together before. And finally, in meeting with
Commissioner Edmondson and talking to the people, we might start implementing a lot of those
things today. Maybe we'll start today with a trolley. So, thank you, Mr. Mayor. I appreciate it.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A
SPECIAL COMMISSION MEETING ON APRIL 21, 2011, AT 9:00 AM, AT
MIAMI CITY HALL, FOR THE PURPOSE OF CONSIDERING THE
FOLLOWING: (1) AN EMERGENCY ORDINANCE AMENDING CHAPTER
62 OF THE CITY CODE; (2) A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT WITH SOUTH
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FLORIDA EQUITABLE FUND, LLC., ET AL.; AND (3) A RESOLUTION OF
THE MIAMI CITY COMMISSION MODIFYING THE POLICY EXPRESSED IN
RESOLUTION NO. 09-0451, CONCERNING THE PILOT PROGRAM
ALLOWING 1,000 FOOT SPACING OF OUTDOOR ADVERTISING SIGNS
ALONG EXPRESSWAYS IN THE CITY OF MIAMI.
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-11-0143
Chair Gort: Okay.
Vice Chair Carollo: SR.1.
Chair Gort: Nobody makes a motion?
Commissioner Sarnoff. For what?
Chair Gort: Special meeting.
Commissioner Sarnoff. I'll move for a special meeting.
Commissioner Dunn: Second.
Chair Gort: The motion for a special meeting and second. Discussion. And that could be next
Thursday?
Vice Chair Carollo: I'm sorry?
Chair Gort: There's a motion for a special meeting. Could that be next Thursday in the
morning?
Priscilla A. Thompson (City Clerk): Next Thursday would be April 21.
Chair Gort: Yes.
Vice Chair Carollo: Sure.
Chair Gort: The motion is for a special meeting for next Thursday at 9 a.m.
Johnny Martinez (Assistant City Manager/Chief of Infrastructure): You wanted the whole team
here and one of our key players will not be here. They're going to be in the hospital.
Chair Gort: I want all the questions that been asked today to be able to be answered, okay.
There's a lot of questions been asked here today andl want to make sure that all those questions
are answered by whoever can answer those questions, whoever is responsible, okay?
Mr. Martinez: Thursday is fine.
Ms. Thompson: Just making sure, Chair, andl apologize. I want the record straight. I
recorded -- if you're calling a special meeting, it's actually going to be a resolution for us, andl
have a time of April 21 at 9 a.m.
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Chair Gort: Yes.
Ms. Thompson: I have the mover as Commissioner Dunn and -- okay, thank you -- the
seconder as Commissioner Sarnoff, and all need now is your vote.
Commissioner Sarnoff.. Reverse.
Chair Gort: Reversed, yeah.
Commissioner Dunn: Reverse.
Ms. Thompson: Oh, it is.
Commissioner Dunn: It's reversed.
Ms. Thompson: Sarnoff --
Chair Gort: Okay.
Ms. Thompson: -- Dunn. Thank you.
Commissioner Sarnoff.. But I certainly stand behind Dunn.
Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye."
The Commission (Collectively): Aye.
Chair Gort: Thank you.
Julie O. Bru (City Attorney): All right. Just to make sure, that special meeting is going to
address EM.1, RE.13, and RE.14.
Chair Gort: Correct.
Ms. Bru: Okay.
Chair Gort: All of it. All of the above and all the questions answered within five days. Okay.
NA.4 DISCUSSION ITEM
11-00376
DISCUSSION BY CHAIR GORT REGARDING THE CREATION OF A
REVENUE TASK FORCE.
DISCUSSED
Chair Gort: Okay, anything else?
Vice Chair Carollo: Motion to adjourn.
Chair Gort: No, wait a minute, wait a minute. I have two. No, no, no, no. Wait a minute, wait
a minute. We're on a roll, guys. Let's take advantage of it. Back in the '90s and back in 2004,
the creation of license business task force was created under the Code Enforcement. At the time
that task force, they went around looking at the different locations where they were missing the
-- what do you call them now? The --
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Unidentified Speaker: Business tax receipts.
Sergio Guadix (Director, Code Enforcement): BTRs (Business Tax Receipts) or licenses.
Chair Gort: -- BTR -- license, okay. They were able to collect at that time $1.800, 000 [sic]
and fines were not paid. Now to give you an example why we need it, right now I read today -- I
received the audit report from the lease agreement that we have with all the different entities
that rent from the City of Miami. And in the audit report, one of the things it shows is a lot of
the subleases in our properties within the City ofMiami, they don't have the BTR. You had
some place where they had eight businesses; six did not have BTRs. And you had another
place, similar, the same, they didn't have the BTR. And this is one source of revenue that the
City needs to do. I think the task force that I know the Code Enforcement is doing it, but if they
need help, I think we need to put people in there to help them and make sure that we collect
those BTR. Now the other thing is, my understanding is, letters are sent out to some businesses.
Those businesses are closed, but somebody else has moved in there. The letters keep returning
to the Finance Department. Somehow the Finance Department has got to coordinate with Code
Enforcement saying, look, we keep getting back these letters from someone here. Can you
check and make sure somebody here? This is something that I'd like to see, Mr. Manager, for
you to put together.
Tony E. Crapp, Jr. (City Manager): Okay, Mr. Chairman, we'll do that.
Mr. Guadix: Mr. Chairman, may I address --
Chair Gort: Sure.
Mr. Guadix: -- the board, please? Yes. We do have a taskforce --
Chair Gort: And again, you are?
Mr. Guadix: -- Sergio Guadix, with Code Enforcement.
Chair Gort: Okay.
Mr. Guadix: Yes, we do have a taskforce, and the taskforce is made up offive individuals --
it's five inspectors which also have a supervisor. They do nothing but collect all these
outstanding fines, or not -- I shouldn't say fines; outstanding bills that are out there. They're
not paying the BTR or they're not paying their certificate of use. And they also work closely
with the Fire Department because the Fire Department is there all the time, so they work with
them for any new businesses that are coming up that they go out there and actually help them
with the application and everything, pick up the money. And this five -- this group offive
people -- you mentioned that this large code enforcement task force that took place back in the
'90s, actually, 1994, they collected 1.8 and that's when business was good. Our five people --
and those were about 30 people back then. They got everybody involved and everything. Our
five people collected last year $2.2 million. This year they're in line not only to get to there but
more. I just want you to know that the job that they are doing. They do work with Finance
Department, and Finance drops the letters off in my desk there. And we make sure that they go
out to the ones that are not getting these bills, so we do do that. I'm not sure if that information
was given to you, but I want to assure you I will always take help. If you want to give me help, I
will take the help, but we do have that task force. And please be assured that we visit every
property or every business out there every year.
Chair Gort: I understand that. There's a report I get where it --
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Mr. Guadix: Yes.
Chair Gort: -- tell me the business with the City properties, the subleases that do not have
BTR.
Mr. Guadix: Right.
Chair Gort: Andl can understand you -- and this is something that'll be two or three month
'cause licenses got to be paid between September and December.
Mr. Guadix: Yes.
Chair Gort: So this is to put an effort -- and) know you guys are doing everything to collect,
but if we can collect even more, it'll be even better.
Mr. Guadix: We shall. We will.
Chair Gort: Okay, thank you.
Mr. Guadix: Yes.
NA.5 DISCUSSION ITEM
11-00377
DISCUSSION BY CHAIR GORT REGARDING THE CONVERSION OF THE
CITY OF MIAMI'S FLEET VEHICLES TO NATURAL GAS.
11-00377-Submittal-District 1 Office.pdf
DISCUSSED
Chair Gort: The second thing is the -- I don't know if you all read an article about the use of --
converting the automobiles to the use of natural gas. It was an article from the Miami Herald
in the Dominican Republic where they able to change some of the cars in there so that they
could use either natural gas or gasoline. I have a chart here. It goes around showing the
differences between the use of gas, natural gas and the difference between gasoline. And we
can see the barrels keep going up every year -- I mean, every day gas prices are going up. This
is something) think we should look into it. I'm pretty sure the people that (UNINTELLIGIBLE)
and gas, they'll be more than glad to put the supplies in the line so they could be able to put the
supply. I already talked to GSA (General Services Administration) about it. I think a lot of
firms -- and they'll be interested in trying to come up with projections and some kind of projects
that we can look at. That's something) think we need to look at it also.
Tony E. Crapp, Jr. (City Manager): We'll definitely look into it.
Chair Gort: That's all I have.
Vice Chair Carollo: Motion to adjourn.
Commissioner Sarnoff. Second.
Chair Gort: Moved, second. All in favor, aye."
The Commission (Collectively): Aye.
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Chair Gort: Thank you all.
ADJOURNMENT
A motion was made by Vice Chair Carollo, seconded by Commissioner Sarnoff, and was passed
unanimously, with Commissioner Suarez absent, to adjourn today's meeting.
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