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HomeMy WebLinkAboutCC 2011-06-09 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 1 r V drCuRe 4RATtI ! L Meeting Minutes Thursday, June 9, 2011 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chairman Frank Carollo, Vice -Chairman Marc David Sarnoff, Commissioner District Two Francis Suarez, Commissioner District Four Richard P. Dunn 11, Commissioner District Five Tony E. Crapp Jr., City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes June 9, 2011 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM -APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. [Later...J'fefers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 9:00 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 11-00646 PRESENTATION Honoree Presenter Protocol Item Miami Firefighters Commissioner Dunn Certificates of Appreciation Daniel Duharte Chair Gort Certificate of Appreciation E. "Ray" Simpson Commissioner Sarnoff Commendation PRESENTED 1. Commissioner Dunn presented Certificates of Appreciation to Miami Fire Fighters Steeve Augustine, Carlos Garcia, and Collin Johnson, paying tribute to their outstanding service during a critical life emergency involving Mrs. Daphne Dunn on February 25, 2011, further acknowledging with great pride and gratitude their performance as highly -trained specialists. 2. Chair Gort expressed his sincerest appreciation to Daniel Duarte for his outstanding service to the people of the City of Miami by helping to maintain the hammock at Pablo Duarte Park as a member of the Hands On Miami AmeriCorps Team. 3. Commissioner Sarnoff honored Raphael Ray'Simpson for his outstanding commitment to civic responsibility and special services to tourists as a Volunteer Ambassador who amassed over 2,550 hours of service to passengers at Miami International Airport. Chair Gort: At this time, we're going to make the presentations. Presentations made. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Dunn II On the 9th day offune 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 9:24 a.m., recessed at 12: 14 p.m., reconvened at 3:48 p.m., and adjourned at 6: 32 p.m. Note for the record: Commissioner Suarez entered the chambers at 9: 27 a.m., and Vice Chair Carollo entered the chambers at 9: 30 a.m. Chair Gort: (INAUDIBLE) Miami June 9, 2011 meeting of the Miami -- of the Commission at this historic chambers. The members of the City Commissions [sic] with us right now is Commissioner Richard Dunn, Commissioner Marc Sarnoff. Also on the dais with us is Johnny Martinez, acting Manager, Julie O. Bru, the City Attorney, and Priscilla Thompson, City Clerk. Commissioner Dunn, could you do a prayer for us, please? Commissioner Dunn: Let us stand. City ofMiami Page 3 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Chair Gort: And Commissioner Sarnoff, the pledge of allegiance. Commissioner Dunn: before we -- after the invocation, I'm going to yield to my colleague, Commissioner Sarnoff. He would like to offer a moment of silent meditation, then we'll proceed with the prayer. Commissioner Sarnoff.. For those of you that don't know, the -- Coconut Grove just lost a valued member of its community, Camilo Salazar, who was a fine man. He was a church -going man who raised money for St. Stephens. By all accounts, he and his wife, Daisy Lewis, and their baby girl, Skylar, who was just born three weeks ago, had a wonderful life that was shattered recently by the senseless slaying of Camilo Salazar, who was found murdered this week. Our thoughts and our prayers go out to Daisy, Skylar, and Camilo other daughter, Ava, in this time of grief. For those of you who would like to help the family, the Salazar Family Trust has been set up for the two daughters. You can contact my office for more information. I have requested that Commissioner Dunn do a special prayer for the Salazar family. Commissioner Dunn: Thank you, sir. Invocation and pledge delivered. MAYORAL VETOES NO MAYORAL VETOES Chair Gort: Madam Clerk, do we have any veto, Mayor's veto? Priscilla A. Thompson (City Clerk): No, Chair. There are no mayoral vetoes. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II ORDER OF THE DAY Chair Gort: Do you have any minutes to be approved? Priscilla A. Thompson (City Clerk): Yes. We have the minutes for your approval for the regular Commission meeting ofMay 12, 2011. Vice Chair Carollo: So move. Chair Gort: It's been -- Commissioner Dunn: Second. Chair Gort: -- moved by Vice Chairman Carollo, second by Commissioner Dunn. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. END OF APPROVING MINUTES Chair Gort: We'll now begin the regular meeting. Madam Attorney. City of Miami Page 4 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Julie O. Bru (City Attorney): Good morning, Mr. Chair, Vice Chair, members of the Commission, Mr. Manager, City Clerk, members of the public. Welcome to the Commission meeting. 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 at the City Clerk's office and online at www.miamigov.com. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. No cell phones or other noise -making devices; please silence them now. Any person who makes offensive remarks or who becomes unruly may be barred from attending future Commission meetings. Any person who requires an auxiliary aid, please see the City Clerk. The lunch recess will begin at the conclusion of deliberations of the agenda item being considered at noon, unless the Chair indicates otherwise. And at this time, the Chair or the Administration will announce the items that are being withdrawn, deferred, or substituted after the City Clerk deals with the minutes of the prior meetings. Thank you. [Later...] Chair Gort: Does any Commissioners would like to withdraw any items? From the consent agenda? Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: I would like to pull CA.1 for discussion. Chair Gort: Okay. Anyone else? Vice Chair Carollo: And -- Johnny Martinez (Assistant City Manager/Chief of Infrastructure): Regular agenda. Chair Gort: Administration. Mr. Martinez: SR.1, defer indefinitely; RE.4, withdraw. Chair Gort: Wait a minute, wait a minute. SR.1. Mr. Martinez: Defer indefinitely. RE.4, withdraw. RE. 6, withdraw. And DLL defer to June 23. Chair Gort: What was the last one? Mr. Martinez: DI.1. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: First of all, I was going to ask for a point of privilege, but we'll do it after we finish what we have. I have questions with regards to the deferral ofSR.1. Chair Gort: Okay. Vice Chair Carollo: Andl don't know how you want to handle it. If you want -- City of Miami Page 5 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Chair Gort: We'll take it right after consent agenda. Vice Chair Carollo: Okay. But what I'm asking is not to defer it until we discuss SR.1. Chair Gort: Okay. Vice Chair Carollo: Thank you. Chair Gort: Yes, ma'am. Priscilla A. Thompson (City Clerk): If in fact, we are going to move on, then we do need some action on these requested items, okay. Do you want me to review them? Chair Gort: SR.1 will be left out of this motion. Ms. Thompson: Okay. So what is happening is CA.1 is being pulled for dis -- from the CA (Consent Agenda) agenda for discussion. RE.4 is withdrawn. RE.6 is withdrawn. AndDll is deferred to June 23, 2011. Commissioner Sarnoff. So move. Vice Chair Carollo: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Vice Chairman Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. City of Miami Page 6 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 CA.1 11-00425 Department of Parks and Recreation CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING ADDITIONAL GRANT FUNDS FROM THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), IN AN AMOUNT NOT TO EXCEED $16,000, FOR THE PURCHASE AND INSTALLATION OF A RUBBER SURFACE FOR THE NEW OUTDOOR EXERCISE EQUIPMENT AT MARGARET PACE PARK LOCATED AT 1775 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, AUGMENTING THE ORIGINAL CRA GRANT OF $50,000 TO THE CITY OF MIAMI, AS PREVIOUSLY APPROVED PURSUANT TO RESOLUTION NO. 10-0366, ADOPTED SEPTEMBER 16, 2010; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL THE DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 11-00425 Summary Form.pdf 11-00425 Pre -Legislation CRA.pdf 11-00425 Pre -Legislation .pdf 11-00425 Legislation.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0232 Chair Gort: Okey-doke. DI [sic]. Vice Chair Carollo: CA.1? Chair Gort: CA.1, I'm sorry. Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. CA.1 is a resolution of the Miami City Commission accepting additional grant funds from the Omni Redevelopment District Community, in the amount not to exceed $16,000, for the purchase and installation of a rubber surface for the outdoor exercise equipment at Margaret Pace Park. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: Thank you. Mr. Burkeen, I'm not necessarily against CA.1. However, a few meetings ago I gave the heads -up to this Commission that was going to start getting into more details regarding the City overpaying for items. And although I am not against CA.1 -- I will be voting in favor of it -- I am using it as a sample because here you're paying $9.86 for a rubberized surface. Yet, when I asked for a simple swing set in my district, simple -- just like this, when you calculate how much you were going to pay for a rubberized surface, it was approximately $22 a square foot, more than double. So I don't know why the disparity, but I am questioning it, andl want answers because I think that for a simple swing set, paying $23, 000 and the majority of it, 17 point something thousand of that is the rubberized surface. And now I'm seeing that in other playgrounds it's much, much cheaper. I don't know why there's a disparity, andl want to see how we could remedy this. City of Miami Page 7 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Mr. Burkeen: Commissioner, the swing set is different than the exercise. In the exercise, you're not looking at maybe an inch, two-inch at the most for the surface. In the swing set, you're looking at a much greater size. I think said in a conversation with you that there are safety regulations here. As the swing goes up, you have to be able to cover the entire arc of where the swing is in case the child falls out. That means that you have much more space in which to pay for, and that's the bids that come in. Vice Chair Carollo: Now -- Mr. Burkeen: And we don't have anything to do with that. Vice Chair Carollo: I understand that, so it might be a little unfair that you're actually the one answering the question. So it might -- so I will admit that it might be a little unfair. And you know what, your argument sounds pretty good. However, for the exercise equipment, you have total space -- square footage of 2,436. For my swing set, you have total square foot of $800 [sic] -- I'm sorry, 800 square foot. So you're comparing 2,436 to 800 square foot. The difference in price is that for 2,436 square foot, you're paying roughly 20 something thousand dollars, 23,000. Yet, for mine, 800 square foot, we want to pay 17 thousand something. So even though your argument sounds great, it doesn't hold substance when you really compare this because the exercise equipment is actually a much larger area and we're paying pretty much the same. And in essence, what I'm saying per square foot for this swing set, we're going to pay more than double for this rubberized surface. Mr. Burkeen: Andl can't disagree with that, but I think at the end of the day, as I've said before, (UNINTELLIGIBLE) 9: 57: 40 value for the safety of a child. Vice Chair Carollo: Right. I understand. You want the rubberized surface. However, why are we paying much -- we're paying for rubberized surface much less for the exercise equipment than for the swing set. I mean, yes, I understand the safety part of it, but we're talking apples and apples, a rubberized surface and a rubberized surface. We're paying double on one than on the other. Mr. Burkeen: You're talking about two different -- Chair Gort: Prices. Mr. Burkeen: -- apparatuses. You're talking about exercise equipment where falling is at this level, where a swing falling is at this level. That's two different pieces of apparatus. And again, you know, it's what the bids come in at. Chair Gort: HI may. Vice Chair Carollo: I don't know. I just -- again, I'm baffled by it, andl don't know if the bids come in at it. I don't know if it's one of these -- I don't know if you call it HOC or JOC (Job Order Contract) contracts or what it is. I'm just amazed at the disparity between one rubberized surface and the other, especially when one is more than double the space of the other and it costs, you know, half as much. Chair Gort: My understanding is the question is why the different of prices. What you're saying is different criterias [sic] for each of the materials. Can you please provide him the differences to all of us, why the difference in prices. And it might be in the calculation of the material or the material being used. It might be different materials, okay. Commissioner Dunn: Yeah. Mr. Chair, may I? City of Miami Page 8 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Chair Gort: Yes. Commissioner Dunn: I just want to ask, Mr. Burkeen, is it that one has more rubber or cushion because of the --? I don't know. I'm not -- that's not what do, but -- is it --? Mr. Burkeen: It is. But I think that perhaps we can bring someone in to help explain it for you, ifI can identf someone and make arrangements through the Manager's office. Vice Chair Carollo: I would appreciate that. Mr. Burkeen: Okay. I can do that. Chair Gort: I'd like to see that information given to everyone, please. Mr. Burkeen: Okay. Chair Gort: Thank you. Mr. Burkeen: Not a problem. Chair Gort: So people will know and they don't have -- Vice Chair Carollo: And I move CA.1. Mr. Burkeen: Thank you. Commissioner Dunn: Second. Chair Gort: Okay, it's been moved by Vice Chairman Carollo, second by Commissioner Dunn. Any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. CA.2 RESOLUTION 11-00426 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING FUNDING OF THE "DO THE RIGHT THING" PROGRAM, IN AN AMOUNT NOT TO EXCEED $110,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NO. 1169, AND PROJECT NUMBER 19-690001, ACCOUNT CODE NO. 12500.191602.883000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 11-00426 Summary Form.pdf 11-00426 Affidavit Letter - LETF.pdf 11-00426 Certification of Applicant.pdf 11-00426 Annual Review & Evaluation.pdf 11-00426 Survey Results.pdf 11-00426 Top 10 Winners.pdf 11-00426 Financial Statements.pdf 11-00426 Legislation.pdf City of Miami Page 9 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 CA.3 11-00427 Department of General Services Administration CA.4 11-00483 Department of Information Technology This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0229 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED APRIL 8, 2011, PURSUANT TO INVITATION FOR BIDS NO. 267253, FROM TOWER PEST CONTROL, INC., FOR GROUPS 1, 2, 4, 5, AND 6 AND FROM APEX PEST CONTROL, INC., FOR GROUPS 3, 7, 8, AND 9, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS FOR PEST CONTROL SERVICES CITYWIDE, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, FOR AN INITIAL PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 11-00427 Summary Form.pdf 11-00427 Award Recommendation and Approval .pdf 11-00427Addendum No.1.pdf 11-00427 Award Sheet.pdf 11-00427 Tabulation of Bids.pdf 11-00427 Invitation for Bids. pdf 11-00427 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0230 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-82(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CLASSIFYING FOURTEEN (14) DELL LATITUDE C840 LAPTOPS WITH ADAPTERS, WITH AN APPROXIMATE VALUE OF LESS THAN $1,400, FROM THE DEPARTMENT OF INFORMATION TECHNOLOGY, AS "CATEGORY A" SURPLUS STOCK; FURTHER AUTHORIZING THE DONATION OF TEN (10) OF THESE COMPUTERS, TO THE CURLEY'S HOUSE OF STYLE INCORPORATED, TWO (2) TO THE CAROL MANOR CENTER AND TWO (2) TO THE MARTIN FINE VILLAS COMMUNITY CENTER, ALL OF WHOM COLLECTIVELY AGREE TO ACCEPT SAID DONATION AND BECOME THE SOLE PROPERTY OWNERS IN ORDER TO PROVIDE ACCESS TO LAPTOP COMPUTERS TO CITY OF MIAMI RESIDENTS IN NEED, UPON THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS. City of Miami Page 10 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 11-00483 Summary Form .pdf 11-00483 Disposition of Inventory. pdf 11-00483 Legislation.pdf 11-00483 Exhibit 1.pdf SPONSOR: COMMISSIONER DUNN This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0231 Adopted the Consent Agenda Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II END OF CONSENT AGENDA Chair Gort: Okay, do I have a motion on the remaining consent agenda? Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: I move CA. 2, 3, and 4. Chair Gort: CA.2, 3, and 4 -- Commissioner Suarez: Second. Chair Gort: -- has been moved by Vice Chairman Carollo, second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. City ofMiami Page 11 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 9:00 A.M. PH. 1 11-00420 RESOLUTION PUBLIC HEARINGS Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Fire -Rescue (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE PROCUREMENT OF REPAIR SERVICES FOR THE Q-9 FIRE -RESCUE TRUCK, FOR THE DEPARTMENT OF FIRE -RESCUE, FROM TEN-8 FIRE EQUIPMENT, INC., THE SOLE SOURCE PROVIDER, IN AN AMOUNT NOT TO EXCEED $79,089.91; ALLOCATING FUNDS, IN THE AMOUNT OF $24,807.09, FROM ACCOUNT NO. P-40-B72809, T-05, A-1105, E-EQUIPMENT,0-181000 AND IN THE AMOUNT OF $54,282.82, FROM ACCOUNT NO. P-40-B72809, T-05, A-1017, E-EQUIPMENT, 0-181000. 11-00420 Summary Form.pdf 11-00420 Sole Source Findings.pdf 11-00420 Notice to the Public.pdf 11-00420 Letter of Ten-8 Fire Equipment, Inc.pdf 11-00420 Proposal for Repairs.pdf 11-00420 Legislation.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-11-0233 Chair Gort: PH.1. Deputy Fire Chief Reginald Duren: Reggie Duren, deputy Fire chief. PH.1 is a request by Fire -Rescue of the City Commission to pass a resolution by four fifths to confirm the City Manager's finding of a sole source, waiving the requirements of competitive sealed bidding process and approving the procurement of repair services for Quint 9 for the Department of Fire -Rescue from Ten-8 Fire Equipment, in an amount not to exceed $79,089.91. Chair Gort: Thank you. Any questions. Public hearings [sic]. It's open to the public. Anyone like to discuss PH.1 ? Being none, we close the public hearings [sic]. Vice Chair Carollo: So move. Commissioner Dunn: Second. Chair Gort: It's been moved by Vice Chairman Carollo, second by Commissioner Dunn. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. City of Miami Page 12 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Deputy Chief Duren: Thank you. PH.2 RESOLUTION 11-00169 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), DECLARING SURPLUS AND AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN SUBSTANTIALLY THE ATTACHED FORM, CONVEYING AT NO COST TO THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY, THE CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 480 NORTHWEST 11 STREET, MIAMI, FLORIDA, IN "AS IS" AND "WHERE IS" CONDITION, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS THAT MAY BE NECESSARY TO EFFECTUATE SAID CONVEYANCE AND TO COMPLY WITH REQUIREMENTS OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND THE CITY'S HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENTS BOND PROGRAM SUBJECT TO AN APPROVING OPINION OF BOND COUNSEL. 11-00169 Summary Form.pdf 11-00169 Notice of Public Hearing.pdf 11-00169 Pre Resolutions.pdf 11-00169 Legislation.pdf 11-00169 Exhibit 1.pdf 11-00169 Summary Form 06-09-11.pdf 11-00169 Notice to the Public 06-09-11.pdf 11-00169 Pre -Legislations 06-09-11.pdf 11-00169 Legislation (Version 3) 06-09-11.pdf 11-00169 Exhibit 1 06-09-11 SUB.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0234 Chair Gort: PH.2. Madeline Valdes (Director): PH.2. Good morning. Madeline Valdes, Department of Public Facilities. PH.2 is a resolution declaring surplus city -owned property located at 480 Northwest 11 th Street. This property, you may know it as the old black police precinct, is being conveyed to the CRA (Community Redevelopment Agency) under a quitclaim deed. Certain restrictions are included in the deed as it pertains to funding that took place to construct the facility. It's attached to your legislation should you have any questions regarding the deed, and this is simply to convey that at no cost to the CRA. Are there any questions? Chair Gort: Thank you. This is a public hearing. Commissioner Dunn: Mr. Chairman. Chair Gort: It's open to the public. Does anyone like to discuss this item from the public? Being none, we close the public hearings [sic]. City of Miami Page 13 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Commissioner Dunn: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Dunn: I'd like to move this item. Vice Chair Carollo: Second for discussion. Chair Gort: It's been moved by Commissioner Dunn, second by Vice Chairman Carollo. Discussion. Commissioner. Vice Chair Carollo: Thank you, Mr. Chairman. I just want to veri certain things. First of all, if the CRA sells the property, can they sell the property because of the different grants that have been obtained over the years and so forth? Should they sell it -- and does the City get any revenues? Can you explain that a little bit? Ms. Valdes: Sure. There was different funding sources that took place to construct the property, one being CDBG (Community Development Block Grant) funding, others being a grant fund, historic preservation grant fund and bond obligation funds. So should the CRA decide to sell the property in the future, they would obviously have to pay off those funding sources so that the City is in compliance with those restrictions. No, the City would not be eligible for any revenues generated from the sale, other than the payment of those bond obligations and any of those restrictions that are funding restrictions. Vice Chair Carollo: Is -- andl want to open it up to my colleagues to see how they feel. Is it possible for the City to receive some type of you know -- and I'm not saying it has to be 100 percent -- or some type of percentages should the CRA in the future sell that property? Or -- and I'll go a step further. Not only sell the property, but even if it generates revenue, is there a way for us to -- the City to obtain a percentage since we're giving the property? Commissioner Dunn: Well -- may I? Basically -- Chair Gort: Yes. Commissioner Dunn: -- the -- let's look at it from the programmatic aspect of the precinct. Right now the precinct does not have any real income, so it's really a building that's standing dormant. And so what -- the idea of the CRA was was to come in and try to help them with that. But my understanding is that if in fact the property was sold, that the CRA would have to pay that off and in that -- from that, any monies or funding that would be available would go to the City before -- In other words, we -- the CRA could not receive any money until after everything was paid, and of course, the City would benefit from there. In other words, it's almost like -- I apologize. I got to get some Coca-Cola or something. I don't -- in other words, we would get -- the City would get something from it from -- if the CRA were to make a sale because the CRA would be responsible for paying it off. Vice Chair Carollo: Paying off all the grants. Commissioner Dunn: Yes, sir. Vice Chair Carollo: I'm sorry. Paying off all the grants. Commissioner Dunn: Yes, sir. Vice Chair Carollo: But is it possible that we pay off all the grants and then have profit where City of Miami Page 14 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 we could sort of -- Should we take a recess? Commissioner Dunn: Yeah. I need a Coca-Cola -- Vice Chair Carollo: Yeah. Let's -- Commissioner Dunn: -- or something. I don't know what's -- Chair Gort: You want to table this? Commissioner Dunn: Go ahead. I'll be all right. Vice Chair Carollo: No. Commissioner Sarnoff. Can somebody get him a Coke? Commissioner Dunn: Got indigestion. I don't know why. Vice Chair Carollo: If someone don't bring you a Coke, I'm going to run out there and grab one for you, man. Commissioner Dunn: Go ahead. I'll be all right. Ms. Valdes: The way that it's structured right now, any excess monies do not go to the City, no. What happens is there are a lot of funding sources that have taken place in the past and those funding sources do need to be repaid should a conveyance take place. Chair Gort: What's the outstanding debt on this property? Ms. Valdes: Well, there's different funding sources, and I'm not sure what the total amount is. I would ask that maybe the CIP (Capital Improvements Program) Department -- Chair Gort: Give me a ballpark, five, six -- Ms. Valdes: I'm looking at over a million five. Chair Gort: How much? Ms. Valdes: Over a million five. Chair Gort: My understanding is we can amend this where you can -- if there are any excess revenues, they could be split between the City 50/50 with the CRA. Yes, sir. Commissioner Sarnoff. Mr. Chair. I'm not sure -- look, you have -- andl was here for it -- a precinct or you have a historic structure that pretty much sits vacant, and it is probably not large enough and probably not -- I don't want to use the word significant enough, but it's probably not going to attract enough people ever to bring in enough revenue to make it a viable entity. But what I propose and what thought -- I still think this andl actually ran some numbers -- what I think should happen is treat this as a laboratory. The very top of this particular building actually has a courthouse. If one of the County court judges were to use this as their courthouse, they would be bringing -- obviously, their part of the County salary, if we're -- I don't know if it's state and County. I don't know how that works. But the judge would actually be part of the County or state salary. They would bring their personnel in there, and the only expense that would be borne really would be the air conditioner bill, maybe the tax -- the insurance. It's a very minor amount of money. And what they should do is treat the upstairs as a laboratory. And City of Miami Page 15 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 if you partnered with Miami Dade College, which has a paralegal program, that could serve as a laboratory for the judges so they could teach the paralegals exactly what it is that goes on in a courtroom. And it would seem like it's a win -win. The downstairs could then be dedicated to the more historic functions and associated uses of being a historic structure. I don't think anybody's going to jail anybody. I know the jail exists downstairs. But it just seems to me this is a very viable and very attainable goal. If you just -- if you got a judge, a County court judge that took an interest in this, if you got a -- Miami Dade College to allow a number of their paralegals to simply go over there as a laboratory, get credits and work the actual judge's docket and agenda, it would seem like this would work. I don't foresee -- andl don't know that you do either, Commissioner Dunn -- a sale, I don't foresee -- even if it went to a 501(c)3 -- the problem is drawing people into the building itself. You can't have these historic places with nothing surrounding them, nothing of major interest surrounding them. But I'll tell you what does interest a person. When you're compelled to go to a courthouse, that becomes a magnet. Andl really strongly believe, although I have no authority to do so, that if you could get a judge interested, the cost associated with just managing the building would work its way out because ever other personnel would simply be a part of that particular program. Chair Gort: Okay. Commissioner Dunn: Mr. Chairman. Chair Gort: Yes. Commissioner Dunn: Okay, I feel better. Thank you so much. I don't -- that never happened to me. I don't know what was going on. I think there are a couple of points that are well taken. In terms of it being a historical building, I don't -- andl think Commissioner Sarnoff mentioned -- I don't foresee -- we don't know what could happen, but I don't foresee a sale because this building is a historical -- or it will be a historical designation in terms of it being the black precinct, and it was the black courthouse where the former judge, the first black judge in the south, Judge L. E. Thomas, presided over. So there's a lot of history there thatl doubt it very seriously -- that'll be like -- I'm trying to think what -- that'll be like selling the Statue of Liberty building. I don't think that's ever going to happen to -- now, I mean it's a different comparison, but in terms of principle -wise, it means a lot to the black policemen in this city historically. And what we wanted to do from the CRA's perspective was to assist them. But to answer the question at some point if there are some revenues, we have no problem sharing the revenues, if that will be some comfort to this body, to the Commission. But in terms -- we really wanted to try to see how we could help them to make, as you were saying, Commissioner Sarnoff, the building and make the black precinct and all of its history viable. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Is it possible to do -- without it getting too complicated, is it possible to do something like that where if there's any revenues after the fact, it's shared 50/50, maybe 50 percent to the CRA, 50 to the City? Commissioner Dunn: We can -- I mean, I don't want to do it on the cuff -- Vice Chair Carollo: Right. Commissioner Dunn: -- but will give you my word that will work to see what we can -- Ms. Valdes: There are folks here -- City of Miami Page 16 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Commissioner Dunn: -- work it out. Ms. Valdes: -- from the CRA. And the only thingl suggest is that we ask them. Vice Chair Carollo: Pieter, please. Chair Gort: Well, can that be a condition -- an amendment to the contract? Come on. Ms. Valdes: Yes, of course. Chair Gort: This is very simple, guys. Ms. Valdes: As far as the City's concerned, yes. Chair Gort: She has to make a motion to amend -- Ms. Valdes: We would approve -- Vice Chair Carollo: That's right. Chair Gort: -- the -- Vice Chair Carollo: Yeah. And -- Commissioner Dunn: Okay. Vice Chair Carollo: -- all I'm asking, any revenues that are made or any revenues from the sale or any revenues that we start generating, you know, if we could share -- as long as it's a net profit -- 50/50; 50 percent to the CRA, 50 percent to the City, since we're giving the property. Commissioner Dunn: Now when you say profit, that's a -- thank you. That's a tricky way. Vice Chair Carollo: Well, right. Commissioner Dunn: You're talking about over and above the operational cost amount. Chair Gort: Yes. Commissioner Dunn: Okay, all right. Vice Chair Carollo: Yeah. Commissioner Dunn: That's fair. Pieter Bockweg: Pieter Bockweg, executive director, CRA. I don't foresee a problem with that at all, Commissioner. Commissioner Dunn: Okay. Mr. Bockweg: No problem. Chair Gort: Does the maker of the -- Mr. Bockweg: Net. City of Miami Page 17 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 SR.1 11-00328 Department of Building and Zoning Chair Gort: -- motion accepts the friendly amendment? Commissioner Dunn: Yes, I do. Chair Gort: Second? Vice Chair Carollo: I do. And again, 50 percent for CRA, 50 percent for the City. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): And it is being adopted as modified Commissioner Dunn: Yes. Chair Gort: As modified. Vice Chair Carollo: Thank you, ma'am. Ms. Thompson: Thank you. Vice Chair Carollo: Yes. END OF PUBLIC HEARINGS ORDINANCES - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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. 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 11-00328 Summary Form SR 06-09-11.pdf 11-00328 Legislation SR (Version 5) 06-09-11.pdf 11-00328 Exhibit 1 SR 06-09-11.pdf 11-00328-Submittal-Ashley Chase -Official Statement By The Miami River Commission.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 18 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Dunn II Noes: 1 - Commissioner(s) Sarnoff 13272 Chair Gort: SR.1. Madeline Valdes (Director, Public Facilities): Thank you. Chair Gort: Is this the one you were going to defer? And Commissioner, you had a question. Vice Chair Carollo: Yes. Let's go back to this a little bit because I'm not seeing the reason why there should be a deferral. This is -- this came from quite a few hours. I think it was over seven hours of this Commission deliberating and actually coming up with something that was actually better for the neighbors -- better for the neighborhoods. It was -- and we all took part of it. Commissioner Sarnoff, you mentioned as far as an applicant for a billboard must show proof that they either own the location site or that they have the right to the lease and so forth. I thought it was very good, you know -- it was excellent participation from all of us. And at the same time, it was great for the neighborhoods and so forth. And for us to defer this indefinitely, I think there needs to be an explanation. And I'll go a step further; I think it needs to be a very good explanation. Johnny Martinez (Assistant City Manager/Chief of Infrastructure): Mr. Chair. Chair Gort: Yes, sir. Mr. Martinez: I'll give it a try and a very good explanation. Parallel to when we passed our ordinance on first reading with some amendments, the County was also passing their billboard ordinance or sign ordinance. They passed on first reading. It's going to their committee in June, mid -June, and then after that it have to wait 30 days and it goes to second reading. Between committee and second reading, there could be changes for the opt -out ordinance which allows municipalities to regulate themselves without the County criteria. So I just thought it was a good business decision to propose postponing this 'til all the comments are made at committee, by the County, and then finally at second reading in front of the Commission. And if we have to make any adaptations or bring forward to this Commission any changes that we would recommend, do it all at once. It was my logic. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: First of all, what the County is going to pass, I don't think affects this at all. And if it does, it's going to affect our whole ordinance, so I don't see why we just don't make our ordinance better and then see what happens with the County. As a matter of fact, I know there's been hundreds of thousands of dollars that we have approved subject to what the County does. And let me ask you -- I mean, in all fairness, let me just say this is really an irony because for, I don't know, my whole year and a half here, it seems like so many stuff is rammed down our throat that we have to pass and we have to pass, and for the first time, something that's good for the neighborhoods, oh, no. You know what, we could take it slow now. Let's see what the County does and then, you know, we could act on it. I don't think it's right. I think, you know, after seven and a half hours of this Commission deliberating, of all putting our little part, you know, into this ordinance to make it better, to protect our neighborhoods, now to, you know, defer it indefinite -- and again, you know, I welcome the City Attorneys office to chime in if really what they pass on second reading is going to affect us that much. And if it does, if it does, wouldn't it affect our original ordinance anyways? City of Miami Page 19 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff. Isn't this the discussion that we had, Madam City Attorney, where you had said none of the County's sign ordinance applies to us? Julie O. Bru (City Attorney): That's the position that we've taken. Commissioner Sarnoff. Right. And that's the position you continue to maintain? Ms. Bru: Yes. Commissioner Sarnoff. And your position is regardless of whatever the County does, it is legally irrelevant to you. Ms. Bru: The position that we have expressed is that we believe that we have opted out with respect to billboards of all County regulations, not just along the expressways. It's just we've opted out. Commissioner Sarnoff. Right. And that was the discussion that I tried to promote a motion, I think, where I asked our board to pass a resolution asking the County attorney to give its opinion as to whether we opted out. Is that correct? Andl couldn't get a second on my motion, ifI recall correctly. Ms. Bru: Well, we can't get an opinion from the County attorney is the bottom line. He's not going to give it. Commissioner Sarnoff. Well, you -- if you had a resolution, I would think -- now Commissioner Suarez or Commissioner Barriero or -- I could think of a lot of Commissioners who might take up a City Commission's resolution of the largest city in the state of Florida where they might be able to tell us whether the County attorney, him- or herself -- I don't know who it is right now -- whether he or she thinks the City has opted out. Now this could all be irrelevant 'cause I think what the Manager's position is -- if in fact the County does relinquish municipalities from the sign ordinance -- and don't -- I truly don't know the process or the procedure or where that stands. I just wanted to get a footing as to where this is. And you know, Commissioner -- I'm sorry; the Vice Chair, you know, reminded me of some of the provisions we put in this. But you continue to take the position we don't need the reso. We don't need to wait. We don't need anything from the County because you have made the determination that we could do whatever we want sign -wise, correct? Ms. Bru: We've taken the position that we -- the City ofMiami has opted out completely. Commissioner Sarnoff. Okay. Vice Chair Carollo: There -- Commissioner Sarnoff. And -- Vice Chair Carollo: I'm sorry. I don't want -- Commissioner Sarnoff. That's all right. I'll yield. Vice Chair Carollo: Therefore, I think we should continue with this that took seven and a half hours that we all put our little piece of opinion on it, and you know, it was protecting the City ofMiami Page 20 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 gateway of a neighborhood, it was protecting our neighbors, our neighborhoods. It was -- you know, again, we had our Planning director here with regards to the T5. I mean, we vetted this out pretty thoroughly. And just to put it away now because of you know, something the County may or may not do when it's different from the opinion of our City Attorney, I mean, I think, in all fairness, we should talk this out and actually -- I'm not going to make it, but would want to make the motion to move it on second reading. Let's pass this. This is good for the neighborhoods. Chair Gort: Let me ask you a question. My understanding is -- Commissioner Suarez: Second. Chair Gort: -- the statement you have given, do you believe that some changes that it takes in the County might take -- might change this. Our attorney is saying that is not going to bother us. My understanding also is there's not going to be any change to this document. I mean, you're not asking for a deferral because you want to make a change to this document. As it is right now, where we took the seven hours deliberated and talking about this -- Mr. Martinez: Correct. Chair Gort: -- my understanding is the only reason you want to defer is because of the County. You wanted the County to come up with whatever they're going to come up with and see if there was any changes to be made here. I think our attorney has spoke, has made those statements, and -- Vice Chair Carollo: I'm making a motion. Chair Gort: -- I understand, but I want to make sure you and everyone understand that the reason Administration for deferral is not to change this document -- Mr. Martinez: Correct. Chair Gort: -- as it is. Okay. Mr. Martinez: Correct. Vice Chair Carollo: And I'm making a motion to approve. Chair Gort: Move it. Commissioner Suarez: I second. Chair Gort: It's been move and second Priscilla A. Thompson (City Clerk): All right. Commissioner Suarez: Mr. Chairman, ifI may? Chair Gort: It's an ordinance. Ms. Thompson: Public hearing. Chair Gort: Public hearings [sic], yes. Open to the public. State your name and address, please. City of Miami Page 21 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Nathan Kurland: Nathan Kurland 3132 Day Avenue. Commissioners, last night many of us who are opposed to some of the items that were not mentioned in this particular resolution were told that this was being postponed. As a result of that postponement, several people from Scenic Miami are not here today. Several people from Miami Neighborhoods United are not here today. Andl find that bringing this issue up after the public notice went out that it was being postponed is somewhat unfair. Andl would like to ask you please to defer this motion. Chair Gort: Okay, thank you. Vice Chair Carollo: Mr. Chairman. Actually, you were all present when we deliberated on this. And as a matter of fact, everybody was in agreement that this was actually to the betterment of the neighborhoods. This was going to have the gateway in the Seventynine [sic] site and so forth. It was good that we actually have something in our ordinance saying the person that wants to put a billboard actually owns the property, actually -- or leases the property. So this was all real good items to make our ordinance better. Andl think you were all, you know, in front of us at that time. It was as special Commission meeting. Mr. Kurland: Correct. Vice Chair Carollo: And this is something that it's actually to protect neighborhoods. Mr. Kurland: Commissioner -- Chair Gort: Let's hear from the public, and then we can discuss it among ourselves. Mr. Kurland: -- the one item that's not in here -- that many of us wanted to address that's not here is the omission of the -- I don't like using the term "media towers" for gigantic billboards, but be that as it may. One of the items that is not here is that -- is the omission of media towers as billboards. And that's why so many people from the public wish to come out here and speak today, not about all of that which was hashed out by all of you. We're in agreement with many, many aspects of that resolution. However, the omission of the media towers is why several members of the public wished to be here today, but were informed last night that this was being postponed. Chair Gort: Thank you. Mr. Kurland: Thank you. Chair Gort: Yes, ma'am. Grace Solares: Grace Solares, the Roads Association. I ask that you actually vote on this issue, pass it, ratifi, it. The protection of the Roads is pending upon this second vote. I please ask you do not defer. Thank you. Chair Gort: Thank you. Next. Barbara Bisno: My name is Barbara Bisno. I live at 1000 Venetian Way. I'm the one that's -- I was told that a Commissioner had informed the -- I'm going to be completely honest with you and tell you exactly how it happened. I was told by the Miami Herald, a reporter, that Commissioner Sarnoff had called and said that the item was going to be deferred. I checked with his staff who checked, they said, with Mr. Min, Zoning director. I called this morning and talked with your office, Commissioner Gort, talked with Mr. Castaneda, who told me the issue was being deferred. And people -- it's a work day, so I sent out a notice to hundreds, maybe thousands of people. You all know that you got -- I know I had no right to do that. I was relying on the best information we had that it was going to be deferred. I strongly support those parts of City of Miami Page 22 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 the ordinance that protect the neighborhoods. Andl -- we called Grace right away to say they're deferring it. But the issue that people are riled up about, that got you all the e-mails (electronic) that were going to have a lot of people here was an additional amendment. Because -- andl hope you'll give me the time to explain this, Chair. When this ordinance was passed in 2010, in June of 2010, and it in -- and it had the language that a media tower is not a billboard, we didn't have any idea what a media tower was. We were just reeling -from the unveiling of the project by Mark Sn that was -- that are 50-story billboards. And that got through. We had no -- we were -- what's a media tower? We didn't know. But now we know. And so that's why when this ordinance came back up, was our opportunity to let you know that we know what a media tower is now and to exclude it from the definition of billboard by ordinance. I mean, can any of you say with a straight face that what Mr. Siffin -- the only project the City has -- proposed to it as a media tower is not a 50-story billboard, four faces of electronic digital billboards? Can you say that? Can you say it's not a billboard? Can you not --? So we're asking that if you don't defer it, please recognize the strong public you've heard from but isn't here because I sent out a notice based on the best information we could get, the people we've relied on in the past, and add the amendment that the language at the end of the definition, that sentence should be struck, that a media tower is not a billboard, or be more positive and say a media tower is clearly a billboard. There's language in there that codes your settlement agreements, which is very upsetting to us as well. I'm not rendering any legal opinion, but it seems to me that you could withdraw any language that legalizes digital billboards because it's our position, in contradiction to the City Attorney, that you've only opted out of a small portion of the County ordinance. You're still under the County ordinance having to do with digital signs and they're all illegal and you shouldn't be codifying a legalization that's ill -- that is contrary to current law. So thank you very much. Chair Gort: Thank you. Commissioner Suarez: Mr. Chairman. Chair Gort: Anyone else? Peter Ehrlich: Good morning, Mr. Chairman. My name is Peter Ehrlich. I live at 770 Northeast 69th Street. Andl would just like to also continue a few of the comments you've already heard regarding this item. We did think that this item was being deferred, and we had checked with the staffers and department heads. I think many more people would be here to discuss the item and be in favor of the neighborhood aspects of it, but be very much opposed to the aspects that benefit the outdoor advertising industry. And I'll be very brief. I just want to bring your attention to the language in the legislation, which is on page 2 of 6, under the definitions of billboard, and this was on the Internet and it's probably in your packages. But under billboard, it says, however, a media tower, as defined in Section 10-2 of this Code, shall not be considered a billboard. And as Ms. Bisno mentioned, I think we all know by now that media tower just means monster billboard, monster LED (Light Emitting Diode) billboard, 40-, 50-story billboard. And it was just really sort of a ruse to get approval last year. But I think -- it's 2011 now and we're a lot more educated and we would all -- proponents of you know, people that are opposed to visual pollution. We would love -- we would like to see a Commissioner recommend that that phrase be stricken, media tower shall not be considered a billboard because we think media tower is really just a monster billboard. Chair Gort: Thank you. Mr. Ehrlich: Thank you very much, Mr. Chairman and Commissioners. Chair Gort: Thank you. Next. Ashley Chase: Good morning, Commissioners. Ashley Chase, of the Miami River Commission, City of Miami Page 23 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 with offices at 1407 Northwest 7th Street. Our chairman, Mr. Horacio Stuart Aguirre, wasn't able to attend today's meeting, but asked that I read the following into the record. On October 6, 2008, the City ofMiami Administration made a presentation to the Miami River Commission, which passed a recommendation of 8-3, to deny the City's proposal to allow the installation of new billboards at the riverfront Jose Marti Park and at South Fork's Fern Isle Park, as it is inappropriate and inconsistent with the Miami River Greenway Action Plan and that position still stands. Thank you so much. Chair Gort: Thank you. Anyone else? Anyone else? We'll close the public hearings [sic]. Yes, sir. Commissioner Suarez: Thank you, Mr. Chairman. I think there's three things that appear to be at issue here with reference to this ordinance. The first is what is, by many, a conflict between the way we interpret the County code and the way others interpret the County code, andl think that will be resolved or may be resolved, depending on what the County Commission does in the next month or two. The second issue has to do with our discussion and our improvement of this ordinance based on all the series of discussions regarding another billboard agreement. And the third issue has to do with what consider -- I suppose a new issue that we have been receiving, like Ms. Bisno said, e-mails on recently regarding some other aspects of the ordinance itself. What I would like to do simply because we did spend a lot of time and energy improving this and it's the reason why I seconded the Vice Chairman's motion. I think that there is nothing that prevents us from bringing this back when you have oppor -- and gives you an opportunity to fully inform all of your members, everyone who wants to opine as to the different aspects of the ordinance. As you all know, ordinances are changed constantly and can be changed constantly. I don't think there's anybody up here that has any problem with us bringing this back to discuss it. Andl am sympathetic to the fact that you've actually told all your members not to come. And so I think it would be unfair for us to even discuss that issue when there 's a lot of people who were told that it wasn't going to be brought up today. So I think what we should do is -- I believe we should pass the very positive aspects of this ordinance today that protect the neighborhoods and that create other very positive changes to our billboard ordinance. At the same time, we can commit to bringing back the ordinance for the discussion on other items and other issues relating to the ordinance. Meanwhile, the County, hopefully, will take some sort of an action which will clam the potential discrepancy. Andl know that there probably will be opposition at the County level to them doing that, but we are both legislative bodies. And so our hope is that the County does something to clam the issue because we don't want to be operating -- And by the way, I have, Ms. Bisno, asked the Planning director of the County to clam a letter that he wrote regarding whether or not some of our billboards are in compliance with the County code or with the City code. I have not -- I received a verbal statement that contradicts what he wrote in a letter, which I find to be a little odd, and then have not gotten confirmation that will receive that verbal opinion in writing. So I guess some of that is for naught because I guess it's being discussed at the County level and it's going to committee and so you'll have -- and your group will have an opportunity if you decide to, for whatever reason, oppose cities having the ability to legislate, to opt out fully so that it wipes out that potential discrepancy with how the City Attorney has interpreted in the opt -out currently with some members of the group that you reference. So I think we should pass the, you know, changes to the ordinance today. We can commit to bringing it back at some convenient time for this body and for you all, for your group. Chair Gort: Okay. Excuse me. Public hearing is closed. Mr. Kurland: We're talking about one sentence. Chair Gort: Public hearing is closed. Sorry. Commissioner Suarez: Yeah. And whether it's one sentence, a paragraph, several paragraphs, I think the fact -- I understand -- is that it should be discussed and everyone should have the right City ofMiami Page 24 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 to discuss it. The people from your group should have the right to discuss it and -- what -- I understand. And we got your e-mails andl got your e-mails andl read your e-mails. But I think one of the issues that you were brining today is you wanted this to be deferred because you felt like you had given your members -- that's what you said. You said that you want it to be deferred because you had told your members this morning that this was going to be -- it was not going to be heard. I understand. And nobody likes to wait here -- and we try to do everything that we can, believe me -- as Commissioners, we try to do everything we can with the public to avoid you having to sit here for 12 hours or 10 hours and listening to things when something may not come up. Having said that, we don't know what the body's going to do. I mean, there's -- we have an idea of what may happen. We have indications from certain people, but we have no idea what the body's going to do so we cannot predict what our colleagues are going to do, we can't predict what people are going to say. So what I'm trying to do is I'm trying to accommodate you. I'm trying to bring this back in such a fashion so that you can opine on it and your members can opine on it and then a decision can be made. I understand you want your action to be done right now. And what I'm saying is I don't think that's going to happen, but what I think is going to happen is the positive reforms to this ordinance which have been discussed by the public, have been discussed by this body and have been strongly advocated for by the neighborhoods should be implemented and then we will bring back to discuss thoroughly all the -- it's not going to be done on a whim, you know. Andl understand we've gotten e-mails, but we've been focusing on these reforms. This issue came in -- I hate to say this -- kind of at the 11 th hour in the sense that we were focusing on something completely separate. I understand the issue. It's a valid issue. It's a valid concern. I'm not taking anything away from that, but it's not germane to what we were originally discussing. So in fairness to your members, in fairness to everyone who's here who cares about this issue, I think we should re -advertise to discuss this ordinance and we'll discuss your concerns with it, which I think are very valid concerns. Chair Gort: Excuse me. Let me -- point of clarification. I don't want to sound like I'm rude, but we have still a lot of people waiting. We still have a big agenda. I have given the opposite -- the people that want to speak in the public plenty of time to speak. I don't want to have debate between yourself and the opinion -- while you were debating, I didn't allow the Commission to debate with you, so that's why I'm doing this andl gave you extra time. So Nathan, I'm sorry, but I got to rule in here. Thank you. Yes. Vice Chair Carollo: Mr. Chairman. I agree with Commissioner Suarez. I think, you know, there's issues here that we all agree should be passed, andl think we should pass the -- this ordinance as -is right now because, you know, it was vetted. However, that -- once again, that doesn't mean -- yes, in the future, let's bring back and see about deleting that sentence of billboards or so forth. However, before we do anything, yes, we are cautious. We want to debate it. We want to speak. We want to hear from you all. Andl think that's what Commissioner Suarez is saying. I mean, what he's saying is -- andl don't want to put words into your mouth, but I think we're on the same page -- you know what, this is three, four very good things that we're going to add to this ordinance. And you know what, let's pass them and then we'll bring it back and we'll see if we can make it even better. But for right now, let's pass what we have. The one question I do have -- and always with the utmost respect to my colleagues and so forth and because it was mentioned -- Commissioner Sarnoff, did you want this issue to be deferred at all or anything? Commissioner Sarnoff. It was my understanding it was going to be deferred andl did communicate that to everyone, so I have some -- I bear some responsibility in that communication. And I'm having difficulty -- I know the end result of what everybody wants andl have one last substantive question and I'll yield back to you. Vice Chair Carollo: Thank you. And the reason why is because -- and I'm just trying to decipher what exactly occurred. And again, going back to what said previously, transparency. And not only that, if we're going to fix a problem, we need to know that there is a problem, what is the City of Miami Page 25 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 problem. Because it seems to me like the Administration made the decision that -- because of the County or whatever -- we are going to defer this indefinitely -- maybe possibly told you, and then you actually -- Commissioner Sarnoff. Well, there's -- Vice Chair Carollo: -- transmitted that information to everybody. Commissioner Sarnoff. Let me just point this out straight. I believe, as a prophylactic measure, that this Commission should have gotten an opinion, one way or another, from the County attorney. Parallel to that, I think it's Commissioner Barriero, if I'm not wrong -- Vice Chair Carollo: Right. Commissioner Sarnoff. -- I think passed legislation that will opt us out. This group obviously believes we haven't opted out. I have no intentions of going around or criticizing our City Attorney. However, I was just saying prophylactically, let's see what the County attorney says. I've seen the letter that was provided by a director of Public Works from the County. I don't think it quite says exactly what they'd like it to say. They were opining on whether the County's American Airlines Arena electronic -- I'm not going to put this in a bad light -- display was legal, and somehow they determined it was legal, but that the City couldn't have that as well. Now that to me stands the world on end. I have no idea how theirs could be legal, but nothing we do is legal. Chair Gort: Yeah. Commissioner Sarnoff. And also, on a good note, if I'm not mistaken, last Tuesday about 12,000 people watched the Heat basketball game from that electronic display, andl think that was a good thing, not a bad thing. So I may not share everybody's comments or concerns with regard to electronic display, especially at that particular venue. I do feel andl bear some guilt andl bear some guilt with the Administration because I did communicate that believed this would be deferred. So, you know, having said that, I feel somewhat responsible. But I have one substantive question I want to ask the City Attorney. Can I continue? Chair Gort: Sure. Go ahead. Vice Chair Carollo: Yes. Commissioner Sarnoff. All right. Correct me if I'm wrong, all the settlement agreements, and especially not the one that we were successful in not achieving, but all the settlement agreements predate this ordinance, correct? Ms. Bru: I believe they do. And if they don't, we have acknowledged them in this ordinance and we acknowledge that the terms of this ordinance do not affect the settlement agreements. However, one of the changes that we are proposing today, which was a change that was recommended by my office, is that settlement agreements that are amended then will -- the amendment will have to comply with the provisions of this ordinance. Commissioner Sarnoff. But as they stand right now, you could not impair the contract of those settlements? Ms. Bru: No. And we acknowledge it in this ordinance. Commissioner Sarnoff. So as much as we like to think the gateways are protected, if somebody came in and presented something in one of the gateways right now and they didn 't need an City of Miami Page 26 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 amendment, they could do so? Ms. Bru: That would require us to look at the particular settlement agreement and whether or not that particular settlement agreement had some sort of right to a particular gateway. And if not, then this new provision would apply. Commissioner Sarnoff.. So the reason you wrote in that any further amendments would be then subject to this ordinance was to try to catch or grab anyone that intends on doing something external of their settlement agreement, correct? Ms. Bru: Correct. Commissioner Sarnoff.. Okay. Chair Gort: Further discussion? Okay. It's an ordinance. Ms. Bru: Has it been moved already and seconded? Priscilla A. Thompson (City Clerk): Yes. Vice Chair Carollo: Yes. Ms. Bru: Read it? Chair Gort: Yes. Ms. Thompson: Yes. Ms. Bru: Okay. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Roll call. Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff.. I'm voting no not substantively, just because I -- my office communicated that this was going to be deferred, and I think that that's -- I have trouble voting for something that believe in substantively but communicated something quite contrary to. Ms. Thompson: Continuing. Commissioner Sarnoff -- I'm sorry. Commissioner Suarez? Commissioner Suarez: Yes. Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: Yes. Ms. Thompson: Chair Gort? Chair Gort: Yes. Ms. Thompson: The ordinance has been adopted on second reading, 4-1. City of Miami Page 27 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 SR.2 11-00422 District 5 - Commissioner Richard Dunn II ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/ BOARDS, COMMITTEES, COMMISSIONS/OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD," MORE PARTICULARLY BY AMENDING SECTION 2-1052(2)(F), ENTITLED "MEMBERSHIP", TO ALLOW FOR AN ALTERNATIVE METHOD TO FILL BOARD VACANCIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 11-00422 Summary Memo FR/SR.pdf 11-00422 Legislation FR/SR.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II 13273 Chair Gort: SR.2. SR. 2. This is -- Vice Chair Carollo: I think this is Commissioner Dunn's -- Chair Gort: Commissioner Dunn. Could somebody come up --? Vice Chair Carollo: -- with board -- something about -- Chair Gort: Anyone from staff going to address this? Commissioner Dunn: Yeah. That's what I was waiting on. Commissioner Carollo: I think it has to do with the advisory -- Overtown Advisory Board. Commissioner Dunn: Right, right. Chair Gort: Yeah. Commissioner Dunn: I mean, I could go ahead and -- Mr. Chairman -- I mean, I was waiting on -- but I can go ahead and -- Chair Gort: Go ahead. Commissioner Dunn: Okay, move it. Commissioner Sarnoff.. You be the presenter. Chair Gort: Go ahead. Vice Chair Carollo: Second. Chair Gort: It's open -- public hearing. Is anyone in the public would like to address this, SR.2? Anyone in the public? Being none, we close the public hearings [sic]. It's a motion -- made a motion? City of Miami Page 28 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 FR.1 11-00434 Department of Purchasing Vice Chair Carollo: Commissioner Dunn made the motion. Chair Gort: Commissioner Dunn made a motion -- Vice Chair Carollo: I second. Chair Gort: -- second by Vice Chairman. Any further discussion? Being none, it's an ordinance. Vice Chair Carollo: Madam City Attorney. Julie O. Bru (City Attorney): Well, if somebody could read the title for me. I don't -- I seem to have that missing from my book. The Ordinance was read by title into the public record by Commissioner Sarnoff. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/ CITY OF MIAMI PROCUREMENT ORDINANCE", MORE PARTICULARLY BY AMENDING SECTION 18-85(A), TO INCREASE THE LOCAL PREFERENCE FOR SEALED BIDS FROM 10% TO 15% AND TO DEFINE A SECONDARY BEST AND FINAL OFFER PROCEDURE FOR ALL BIDDERS WITHIN THIS 15% LOCAL PREFERENCE THRESHOLD; AMENDING SECTION 18-86(C)(1), TO PROVIDE THAT, FOR CERTAIN PERSONAL AND PROFESSIONAL SERVICES, A REQUEST FOR PROPOSALS, REQUEST FOR LETTERS OF INTEREST ORA REQUEST FOR QUALIFICATIONS MAY SPECIFY A 5% LOCAL PREFERENCE AS AN EVALUATION CRITERION; AND AMENDING SECTION 18-89(B), TO INCREASE THE LOCAL PREFERENCE IN CERTAIN PUBLIC WORKS CONTRACTS FROM 10% to 15% AND TO DEFINE A SECONDARY BEST AND FINAL OFFER PROCEDURE FOR ALL BIDDERS WITHIN THE 15% LOCAL PREFERENCE THRESHOLD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00434 Summary Form SR.pdf 11-00434 Legislation (Verison 2) 07-14-11.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Gort: First reading. City of Miami Page 29 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Kenneth Robertson (Director): Good morning, Commissioners. Kenneth Robertson, Purchasing Department. FR.1 is an ordinance of the Miami Commission, amending Chapter 18/Article III of the Code of the City ofMiami, entitled "Finance/City ofMiami Procurement Ordinance, " more particularly by amending Section 18-85(A) to increase the local preference for sealed bids from 10 to 15 percent; amending Section 18-86(C) (1), to provide that, for certain personal and professional services, a request for proposals, a request for letters of interest, or a request for qualifications may specify a 5 percent local preference as an evaluation criterion; and amending Section 18-89(B) to increase the local preference in certain Public Works contracts from 10 to 15 percent. Chair Gort: Thank you. It's a public hearing. Does anyone like to address this issue? Yes, sir. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street, Miami, Florida, in the neighborhood of Allapattah neighborhood. Andl wasn't going to say nothing, but since -- want to refer -- mention every politic -- everything is politics. (UNINTET,T IGIBT ,F) 11: 30: 25 say all politics is local, okay. That's it, that's one, everything. You got politics in the office, politics at home, every place. And what's happen when a political solution fail? Now you mentioned about protecting the neighborhood. Mayor Regalado mentioned about the bond issue for that. Well, I'm going to refer -- all this about business, local business. When I am on 17 Avenue andl look at the Cemex trucks going by, Cement ofMexicano with Texas license tag, I wonder, what, we don't have any more concrete companies in Dade County? Rinker? Where is Rinker? (UNINTELLIGIBLE) 11: 31: 07, Supermix (phonetic). Where are they? And we paying for those because that concrete is going to the garage, that we paying for those garage there at the Marlins garage. Now (UNINTELLIGIBLE) 11: 31: 23 Aluminum lose the -- they never give the contract to Raul (UNINTELLIGIBLE) 11:31:25, no. I don't know why. Why? Because (UNINTET,T IGIBT ,F) 11: 31: 28 get a super majority in the County, they decide who the subcontractors are and who they buy the concrete from or anything. Texas. Do we get any money from Texas? No. That goes to Texas, the Cement ofMexicano. Now, you mentioned about --I don't care about the 5 percent or 10 percent. You can make it 50 percent, but if you don't enforce the ordinance, enforcing the ordinance, be it 5 percent or 10 percent, 15 or 20 percent, that local business get the business, okay, not just in paper there 'cause that's the way to do. Because look at how many businesses are closing in Allapattah, subcontractors. They don't get anything because (UNINTELLIGIBLE) 11:32:10 protecting the neighborhood. You're talking about protecting the neighborhood. Oh, sure. And why the Miami Parking Authority is putting all parking meters there in Allapattah, all over the place. No, no, no. That's -- he mentioned protecting the neighborhood, okay. You know what is that? Payback. They revenging because we were endorsing to eliminate the Miami Parking Authority. And they didn't follow proper protocol. They put on 17th Avenue, which is County major arterial, 36th Street, which is Highway 27, and then inside there. They have to go to the Public Works Department and the Public Works are the property owners, if they want the parking meters or no. No. They just impose (UNINTELLIGIBLE) 11: 32: 53 -- Chair Gort: Mr. Cruz, I need you to conclude. Mr. Cruz: No, no, no, no. Chair Gort: Come on. Mr. Cruz: I have to have my time because he mentioned protecting the neighborhood and that's to protect the neighborhood because when you go on 17Avenue past 36th Street, they don't have a parking meter in Liberty City. No parking meters in Liberty City. How come they have them -- all of them in Allapattah? Why? That's payback, revenge against the neighborhood. I am saying that -- I don't care where Noriega is or anything. I am independent. City ofMiami Page 30 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Chair Gort: Okay. Mr. Cruz: They don't pay my salary. The City don't pay my salary. All of my salary is federal money, so I don't have to worry about anything. I can say whatever I want to say. Chair Gort: Thank you, Mr. Cruz. Mr. Cruz: Thank you. Chair Gort: And as you know very well, as chairman of the District 1, I've been taking care of that and meetings have been -- Mr. Cruz: I know. Chair Gort: -- taking off and that has been brought up forward. Thank you. Mr. Cruz: But you know they send -- I send an e-mail (electronic). They don't care about the e-mail. Chair Gort: Thank you. Thank you, sir. Mr. Cruz: Okay. Chair Gort: Any further -- anyone else from the public? We'll close the public hearing. Commissioner Sarnoff.. Mr. Chair. Commissioner Suarez: Move it. Chair Gort: Yes. It's been moved by Commissioner Suarez. Do I have a second? Commissioner Sarnoff.. Second for discussion. Chair Gort: Second for discussion by Commissioner Sarnoff. Commissioner Sarnoff.. The way I understand this is that any person that claims to be local, which would include -- and correct me if I'm wrong -- by just maintaining an office in the City of Miami -- if the bid from the lowest bidder was $100, but the bid from the local contractor -- again, who would just have to maintain an office in the City ofMiami -- would be 110 or $115, that person has the opportunity to match that bid. Okay. What about -- and I'm going to take the direct -- because I'm going to dovetail on something that the Vice Chair said this morning, which is we're paying too much for products and services. What if -- andl looked at what is considered the best practices in the United States -- all participants are then allowed to submit the best and final offer? And what that does is everybody would then be allowed to rebid and come in with their final best offer. You want to explain that a little more? Mr. Robertson: That practice is used for several local municipalities. Miami -Dade County has a best and final offer local preference within a 10 percent threshold where any bidder that is within 10 percent of the lowest bid amount would have the opportunity to submit a best and final offer, the lowest of which would then be awarded regardless of local preference. That same policy is also followed by the city of Daytona Beach and Broward County. Commissioner Sarnoff.. So what I'm suggesting is that your number of 15 percent is your kick -in threshold -- City ofMiami Page 31 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Vice Chair Carollo: It's the kick in -- Commissioner Sarnoff. Right, but now it's final and best offer, and that makes it very, very competitive and that to me is how you start lowering the costs associated with some of the things we're talking about. Commissioner Suarez: I amend my motion to include that language. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: Actually, that's very good. I actually feel more comfortable now with that in. The other thing that I want to make sure is that everything else is equal. In other words, as far as their, I don't know, technical knowledge, their capacity, their ability to actually do the project or so forth is equal, and then the only difference is as far as the money -wise. Commissioner Sarnoff. You want to make --? Commissioner Suarez: Do you amend your second? Commissioner Sarnoff. I'll amend my second, yes. Chair Gort: Okay. The motion has been -- Mr. Robertson: Commissioner Carollo -- Chair Gort: -- amended. Mr. Robertson: -- to address that, for bids, all bidders need to meet the minimum qualification requirement. For a request for proposal process, this ordinance revision is suggesting that we establish a 5 percent evaluation criterion specifically for local preference. So out of a hundred base points, if someone is a local company, they would be awarded 5 of the 5 points for local preference. The other 95 out of the 100 points would be for technical merit and price consideration. Vice Chair Carollo: Okay. It's still first reading, so we could always -- Chair Gort: We could always amend it. Vice Chair Carollo: -- look at it. But I think with that amendment, it makes it just much better. And yeah -- Commissioner Sarnoff. I think it's going to achieve your -- what you want. Vice Chair Carollo: I think so. I need to study it, but I think you're right. I think you're on the ball. I think -- Chair Gort: That'll do it. What I'd like to look into is, I see in all our RFPs (Requests for Proposals) and bids there's always a component for minority firms and so on, and the only place where we don't have is in finance. Now, let's go back a few years -- Mr. Robertson: IfI -- I'm sorry, Commissioner, ifI may correct you. The City does not have a minority business ordinance. City of Miami Page 32 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Chair Gort: Not minorities. I mean, disabled and small businesses. Mr. Robertson: We don't have a small business ordinance either. Chair Gort: Okay, I'm going to show you -- not the ordinance, but I'm going to show you the RFP where you request -- Mr. Robertson: For certain construction contracts that may have state or local federal funding requirements, they may require small disadvantaged business percentage. Chair Gort: Okay, the state -- the US (United States) federal government requires that. Mr. Robertson: Correct, for projects that are -- Chair Gort: And we cannot require that? Mr. Robertson: We could if we enacted an ordinance or a program that would define that. Chair Gort: 'Cause let's go back to -- a few years back and you had all the major firms in the bond business going down. And the minority -- or the small firms, they're the one that kept it up. Andl think Larry can attest to that. And now all those people that (UNINTET,TIGIBLE) 11: 38: 20 and cost a lot of money to municipality and so on, they're back and they're doing all the business and then the original firms are not. Andl really -- we talked about this before andl really like to see something in there. Okay. Any further discussion? Julie O. Bru (City Attorney): I'd like to clam something. The amendment concerns competitive sealed bids or also RFPs? Mr. Robertson: Just the competitive sealed bid -- Ms. Bru: Okay. Mr. Robertson: -- portion. Vice Chair Carollo: Ordinance. Commissioner Suarez: Yes. Ms. Bru: Been moved and seconded? Vice Chair Carollo: Yes. Priscilla A. Thompson (City Clerk): Yes. Chair Gort: Yes. Ms. Bru: Okay. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: This is your roll call on your modified first reading ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. City of Miami Page 33 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 FR.2 11-00193 ORDINANCE First Reading Districts - AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER Commissioner 2, ARTICLE II, SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, Richard Dunn II FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE, TO PROVIDE FOR SUSPENSION OF THE DISTRIBUTION OF AGENDA ITEMS RULE ONLY BY A MAJORITY PLUS ONE VOTE OF THE CITY COMMISSION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00193 Summary Memo.pdf 11-00193 Legislation.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Gort: FR.2. Commissioner Dunn: Mr. Chairman. Chair Gort: Yes. Commissioner Dunn: I'm going to defer this item. I want my staff to look at other local legislative bodies beyond Miami -Dade County, just to be on the safe side. Priscilla A. Thompson (City Clerk): Do we have a --? Chair Gort: It's been move. You're asking to -- Commissioner Dunn: To defer. Chair Gort: -- defer FR.2. Commissioner Dunn: Yes. Chair Gort: Okay, it's been -- Vice Chair Carollo: To a date? Chair Gort: Certain date or --? Commissioner Dunn: No, just until they have an opportunity to look at it, so we'll -- Commissioner Suarez: Withdraw it. Ms. Thompson: So we'll do -- we'll make it indefinitely deferred then? Commissioner Dunn: Yes. Ms. Thompson: Is that better? Commissioner Dunn: Yes. City of Miami Page 34 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 RE.1 11-00429 Department of Employee Relations Ms. Thompson: Okay, thank you. So we have the mover as being Commissioner Dunn, and the seconder as being Commissioner Suarez. Commissioner Suarez: Yes. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. Vice Chair Carollo: Madam City Clerk. Ms. Thompson: Yes, ma'am -- I'm sorry. Yes, sir. Vice Chair Carollo: Indefinitely -- hold on, indefinitely deferred, does that come back in six months? Ms. Thompson: That's -- the normal time period is at least six -- it gives you up to six months. Vice Chair Carollo: Up to six months. Ms. Thompson: Yes. Vice Chair Carollo: And after six months, it comes back automatically or --? Ms. Thompson: That's the normal process, yes, unless we are advised something differently. But yes, normally we automatically -- when I say we, in conjunction with what we've recorded and the Agenda office, our systems notifies us that it's time for this to come back up, and we put it on the draft agenda and then we go from there. Vice Chair Carollo: Okay. Ms. Thompson: That's why I always ask you for what date. Vice Chair Carollo: Okay. END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 243229, THAT MOUNT SINAI MEDICAL CENTER, IS THE HIGHEST -RANKED FIRM, IN THE BEST INTEREST, AND MOST ADVANTAGEOUS TO THE CITY OF MIAMI TO PROVIDE ANNUAL PHYSICAL EXAMINATION SERVICES FOR FIRST RESPONDERS, FOR THE DEPARTMENT OF FIRE -RESCUE AND POLICE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR A PERIOD OF TWO (2) YEARS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS City of Miami Page 35 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE HIGHEST -RANKED FIRM, TO NEGOTIATE AND EXECUTE A PSA WITH THE SECOND -HIGHEST RANKED FIRM, MERCY MEDICAL DEVELOPMENT D/B/A MERCY OUTPATIENT CENTER, IN SUBSTANTIALLY THE ATTACHED FORM, FORA PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE SECOND -HIGHEST RANKED FIRM, TO REJECT ALL PROPOSALS AND REISSUE AN RFP SOLICITATION. 11-00429 Summary Form.pdf 11-00429 Letter Evaluation Committee.pdf 11-00429 Legislation.pdf File 11-00429 Exhibit 1 SUB.pdf 11-00429 Exhibit 2.pdf 11-00429 Exhibit 3.pdf 11-00429 Exhibit 4.pdf 11-00429 Exhibit 5.pdf 11-00429 Exhibit 6.pdf 11-00429 Exhibit 7.pdf 11-00429 Exhibit 8.pdf 11-00429 Exhibit 9.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0242 Chair Gort: RE.1. Beverly Pruitt (Director): Beverly Pruitt, Department of Employee Relations. This is a resolution to accept the recommendation of the City Manager approving the findings of the Evaluation Committee, pursuant to request for proposals, number 243299 -- 229, excuse me, that Mt. Sinai Medical Center is the highest -ranked firm, in the best interest and most advantageous to the City ofMiami to provide annual physical examination services for our first responders. That would be for the Department of Fire -Rescue and Police. It also authorizes the City Manager to negotiate a professional services agreement for a two-year period with renewal, two renewals for two-year periods. The funds for this services agreement will be from the user departments. Chair Gort: Thank you. Questions? Commissioner Sarnoff So move for purposes of discussion. Commissioner Dunn: Second. Chair Gort: It's been moved, Commissioner Sarnoff, second by Commissioner Dunn. Commissioner Sarnoff.. I'll yield to the Vice Chair. City ofMiami Page 36 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Vice Chair Carollo: Well, I mean, there's -- I mean, we could go all over with this. One question -- or not question but statement I want to make is, you know, how do you define local 'cause here we're going from Mercy Hospital, which is local here in the City of Miami, to Mt. Sinai Hospital, which is in Miami Beach. You could say local, Miami Beach is still local, but at the same time it's not the City ofMiami, which I think has more meaning to us as far as being local. So I'm just throwing that out there. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff. It's -- I guess there's a little irony involved here. Mt. Sinai outbid the next most competitive bidder, Mercy Hospital, by $108, 000. Andl think there's no one that's going to, especially in light of all the discussions we've had today -- we could use every $100, 000 that we can find because that's a full-time City ofMiami police officer -- Vice Chair Carollo: Yep. Commissioner Sarnoff. -- and that's a lot of money. What I might suggest is let's give them the contract for one year so that maybe Mercy could rebid this the following year. We all want to see, I think, a City of Miami hospital -- you know what? The former City Manager, now CEO (Chief Executive Officer) of Jackson, Carlos Migoya, might want to take a very good look at this contract -- Vice Chair Carollo: Yes. Commissioner Sarnoff. -- because it would -- it's a good -paying contract, and I'm -- Vice Chair Carollo: Yes. Commissioner Sarnoff. -- sure he hasn't had time to react to this. I certainly believe we should get the best, most responsible bidder. I'm going to support this, but instead of two years, maybe one year so that we give Jackson a chance, we give Mercy a chance to come back and rebid this so that -- I know nothing we've done with the sealed bids would change this, right, Mr. Procurement? Kenneth Robertson (Director, Purchasing): I was actually going to recommend that you consider an award for two years. The original advertised contract term was for two years. The renewal options are optional. I would recommend strongly that we stick with what was advertised in the original RFP (Request for Proposals) with the original contract term of two years. Chair Gort: Well, we always have the right to reject it and go out for bid again. Mr. Robertson: Correct. That's also an option, but I would not recommend that we revise substantively the terms of what was in the RFP. Commissioner Sarnoff. You're doing that for legal reasons or for -- Mr. Robertson: Yes. Commissioner Sarnoff. -- bid validation reasons? Mr. Robertson: To change the -- correct. To change the original contract term -- City ofMiami Page 37 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Commissioner Dunn: Mr. Chairman. Chair Gort: Yes. Commissioner Dunn: In light of -- I mean, I'm just throwing this out -- the fact that we're talking about now two Miami -- possibly two or three, maybe four Miami hospitals versus Miami Beach, are we bound by -- we're not really bound by the recommendation. How would -- what would that do if we -- could we re -- put it out to rebid or something like that? Vice Chair Carollo: Yeah. In essence, you're saying is it possible to throw everything out and put it out to rebid. Commissioner Dunn: Exactly. Mr. Robertson: I would also not recommend that option, given the fact that the City has a need for these services that are obligated under union contract. We would need some authority to be able to provide these services to the Police and Fire Departments. Chair Gort: Question. Who's presently providing the services? Mr. Robertson: Currently, we are using a bridge contract with Mercy and a bridge contract also with Mt. Sinai. Chair Gort: With Mt. Sinai. Now my understanding, in the past, when we have come to these situations, we have been able to extend it for a month or two, the existing contract, and go out for rebid. We've done it a whole bunch of times already. Mr. Robertson: The prior contract with Mercy cannot be extended because they will not honor their current contract pricing. Chair Gort: Okay. Then the existing contract with Mt. Sinai? Mr. Robertson: Is -- we don't have an existing contract with Mt. Sinai above and beyond a limited award of 25, 000. IfI could read the section of the RFP that talks about the term of contract. The term of the contract shall be for two years with an option to renew for two additional two-year periods. Continuation of the contract beyond the initial period is a City prerogative. So I would humbly recommend that if we award, we should award the full two-year term. The renewal options are our discretion. Chair Gort: Madam Attorney -- Commissioner Dunn: Great legal minds on the dais. Chair Gort: -- do we have a disclaimer -- don't we have a disclaimer in all the RFPs? Julie O. Bru (City Attorney): I would suggest the following. Why don't we table the item, let me have the -- Chair Gort: Please. Ms. Bru: -- contract attorney review the RFP over lunchtime, and then when you come back, I can give you a better legal opinion as to whether or not you can modnj, the two-year term to a one-year term without risking any kind of legal implications. Chair Gort: 'Cause my understanding, all RFPs have a disclaimer (UNINTELLIGIBLE) City of Miami Page 38 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 11:47:38 -- Ms. Bru: I'd like to review -- Chair Gort: Okay. Ms. Bru: -- the documents. Chair Gort: Thankyou. We'll table this. Thankyou. [Later..] Chair Gort: Next, I think you want to bring the item we deferred to -- the Alt. Sinai -- Mr. Robertson: Good afternoon. Kenneth Robertson, Purchasing Department. After consultation with the Law Department, we offer the following information. The RFP was advertised with a two-year term that was using the following language. The term of the contract shall be for two years with an option to renew for two additional two-year periods. The opinion of the City and the Law Department is that we may remove the renewal options because they are discretionary to the City. Chair Gort: Sure. Mr. Robertson: But we may not unilaterally reduce the original term of the contract from two years to one year. This would be a material variance from that which was solicited. The City does retain its ability to reject all proposals. That was in the RFP document. The City also does maintain a termination for convenience clause. So at the City's discretion, we're recommending that you award the contract for the two-year period. If the City desires to terminate the contract for convenience, we can always pursue that option. Chair Gort: Thank you. I think you need two more Commissioners in here because I'm not going to vote for this. Commissioner Sarnoff. Madam City Attorney, while we may be -- we're waiting for two other Commissioners. What is termination -- does termination convenience mean exactly what it says? Ms. Bru: This agreement does have a termination for convenience clause with 30-day business - - 30 business days' notice prior to the effective date of the termination, the City could terminate. The only expense would be whatever services were provided that are owed. So it's really almost - - the discussion that we're having is almost academic because you can enter into the contract, and if you want to go ahead before the year expires, which is what you're saying -- you want this contract only to last for a year -- you can start the new solicitation process in time to have a new vendor in place for the second year -- Commissioner Sarnoff. Without -- Ms. Bru: -- and terminate for convenience. Commissioner Sarnoff. So then termination of convenience is sort of like a revocable license? Chair Gort: Yes. Commissioner Sarnoff. You just revoke whenever you want? Ms. Bru: Well, it's a 30-day notice, and that's the way the contract was solicited. It's perfectly City of Miami Page 39 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 legal. Lots of government contracts have termination for convenience clauses and this one has it. Chair Gort: That makes a difference. Commissioner Sarnoff. Okay. Chair Gort: You're telling me that part of the documentation that we have, we have the right to terminate a contract within 30 days' notice? Mr. Robertson: Correct. Chair Gort: No matter what the RFP -- it's part of the RFP? Mr. Robertson: It's part of the RFP and the special conditions, termination for convenience and also termination for cause. Chair Gort: Does the -- for convenience, is there a -- Mr. Robertson: Thirty days' notice. Chair Gort: -- description of what's for convenience? Mr. Robertson: The City acting by and through its City Manager shall have the right to terminate this agreement in his/her sole discretion at any time by giving written notice to the provider at least 30 business days prior to the effective date of such termination. Commissioner Sarnoff. Why would you have a termination for convenience and a termination for cause clause? Why would you need both? Mr. Robertson: Because we can seek punitive damages for termination for cause. Commissioner Sarnoff. I'm sorry. You can seek punitive damages? Mr. Robertson: I mean charges to the contractor for the City's -- Commissioner Sarnoff. For the breach. Mr. Robertson: -- re procurement of those services. Commissioner Sarnoff. For the breach. Okay. Mr. Robertson: Correct. Commissioner Sarnoff. All right, I moved it; I'll continue the motion. Commissioner Dunn: Second. Commissioner Sarnoff. All right. You want to table it and come back when there's a full Commission? Chair Gort: Yeah. Bring it up later on. Commissioner Sarnoff. All right. City of Miami Page 40 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Priscilla A. Thompson (City Clerk): I'm sorry, Chair. I didn't hear you. Chair Gort: Okay. Ms. Thompson: I didn't hear what you said. Commissioner Sarnoff. I think we're going to -- Chair Gort: We're tabling. Commissioner Sarnoff. Yeah. Ms. Thompson: Okay, thank you. Chair Gort: We need the full Commission. [Later..] Chair Gort: RE.1. Mr. Robertson: Good afternoon. Kenneth Robertson, Purchasing Department. RE.1 is a resolution accepting the recommendation of the City Manager approving the findings of the Evaluation Committee pursuant to Request for Proposal 243229 that Mount Sinai Medical Center is the highest -ranked firm to provide annual physical examination services for First Responders for the Departments of Police andFire-Rescue. There was a prior motion to approve this resolution with modifications, that the term would be for only two years with no options to renew. Commissioner Sarnoff. Well, here it is, $108, 000 savings to the City and yet, the closest city hospital would be $108, 000 away. I don't know -- did Jackson have the chance to --? Mr. Robertson: They were invited to participate. They did not submit a response. Equally invited was Baptist. Commissioner Sarnoff. Well, $108, 000 is a lot of money to the City, so I'm going to maintain my motion. Vice Chair Carollo: Which is? Chair Gort: There's a motion -- Commissioner Sarnoff. Motion to approve for the two-year period in accordance with the RFP (Request For Proposals). Vice Chair Carollo: And after that two-year period? Commissioner Sarnoff. It's our option -- Vice Chair Carollo: Whose option? Commissioner Sarnoff. City Commission's option, correct? Mr. Robertson: Well, you're approving the resolution without any renewal options, so we would re procure. City of Miami Page 41 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Commissioner Sarnoff. No renewals. Chair Gort: Now my understanding -- and maybe I understood wrong -- that this Commission within 30-day notice can cancel the contract. Mr. Robertson: Correct. That contract has a termination for convenience clause. That termination can be initiated either by you, the Commission, or the City Manager, or the Purchasing Department. Chair Gort: At any time during those two years? Mr. Robertson: At any time. Chair Gort: Okay. All right. Is that understood? I need a second? Commissioner Dunn: Second. Chair Gort: Second by Commissioner Dunn. Any further discussion? Yes, ma'am. Ms. Thompson: Chair, I just want to make sure thatl record this properly. I would --I think that means we now have a modified resolution because you've taken out the 'for a period of two additional years with the option to renew" dah, dah, dah, dah, right? Is that correct? Mr. Robertson: Correct. The language stricken -- Chair Gort: The option to renew is out. Ms. Thompson: Okay. So that modify-- I just want to make sure. Mr. Robertson: Um -hum. Chair Gort: Now my understanding is that the RFP was stated that the -- at any one time the City within 30 days' notice can cancel this contract. Commissioner Dunn: True. Chair Gort: Correct? Mr. Robertson: Yes. Commissioner Dunn: Yes. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Robertson: Thank you. RE.2 RESOLUTION 11-00431 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A GRANT Fire -Rescue AWARD, IN THE AMOUNT OF $656,464, FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, GRANTS PROGRAM DIRECTORATE, WITH A REQUIRED MATCHING FUND FROM THE CITY OF MIAMI ("CITY"), IN THE City of Miami Page 42 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 AMOUNT OF $164,116, FORATOTALAMOUNT OF $820,580,TO PURCHASE PERSONNEL PROTECTIVE EQUIPMENT; ALLOCATING THE CITY'S REQUIRED MATCHING FUNDS, FROM CAPITAL IMPROVEMENT PROJECT B-70411, ENTITLED "FIRE -RESCUE PERSONAL PROTECTIVE EQUIPMENT PROJECT"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND COMPLIANCE OF SAID GRANT. 11-00431 Summary Form.pdf 11-00431 Letter of FEMA& DHS.pdf 11-00431 Budgetary ImpactAnalysis.pdf 11-00431 Email from Dept. of Homeland Security.pdf 11-00431 Legislation.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Carollo R-11-0235 Chair Gort: RE.2. Deputy Fire Chief Reginald Duren: Reggie Duren, deputy Fire chief. RE.2 is a resolution of the Miami City Commission accepting a grant award, in the amount of $656, 464, from the Federal Emergency Management Agency, Department of Homeland Security, with a required match of $164,116, for a total amount of $820, 580, to purchase self-contained breathing apparatus and exhaust extraction systems; further authorizing the City Manager to execute the necessary documents in a form acceptable to the City Attorney in order to implement the acceptance and compliance of said grant. Chair Gort: Thank you. Commissioner Dunn: Mr. Chair, move it. Chair Gort: Been moved by Commissioner Dunn. Is there a second? Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. Discussion. Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. Chair Gort: Thank you. Deputy Chief Duren: Thank you. RE.3 RESOLUTION 11-00432 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI, ("CITY") AND THE COCONUT City of Miami Page 43 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 GROVE SAILING CLUB, INC., A FLORIDA NON-PROFIT CORPORATION ("LESSEE"), FOR THE USE OF CITY -OWNED PROPERTY LOCATED AT 2990 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING SPACE FOR THE LESSEE'S OPERATION, COMMENCING FROM THE EFFECTIVE DATE, WITH THE LESSEE TO PAY A MINIMUM ANNUAL RENT TO THE CITY IN THE AMOUNT OF SEVENTY-ONE THOUSAND DOLLARS ($71,000), PLUS STATE OF FLORIDA USE TAX (IF APPLICABLE), WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID LEASE. 11-00432 Summary Form.pdf 11-00432 Pre -Lease Agreement. pdf 11-00432 Legislation.pdf 11-00432 Exhibit 1.pdf 11-00432-Submittal-Coconut Grove Sailing Club.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0236 Chair Gort: RE.3. Madeline Valdes (Director): Good morning. Madeline Valdes, Department of Public Facilities. RE.3 is a resolution authorizing the City Manager to execute a lease agreement between the City and the Coconut Grove Sailing Club. This is a nonprofit corporation for the use of City property located at 2990 South Bayshore Drive. This lease agreement provides for one 5-year term with two 5-year options with a lease payment of $71, 000 annually, or 10 percent of gross, whichever is greater. The Club has been for sometime without a lease arrangement at this facility due to some issues with the State regarding its public purpose. In your packet you will find that the State has approved the use of the Club's submerged lands and that public purpose has been met. Are there any questions regarding this lease? Chair Gort: Thank you. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. I would move this item with the following amendment to it, that the resolution be approved subject to a June 8, 2011 letter by the Coconut Grove Sailing Club, which requires them to take down the fence and replace it within three months so that it is -- has a more attractive appearance. They will also take down the hedge so that there will be better sightlines to the Club. I'll get a copy to each Commissioner and I'll get one to the Madam Clerk, andl would move that subject to the June 8, 2011 letter. Vice Chair Carollo: Second for discussion. Chair Gort: It's been moved, Commissioner Sarnoff, second by Vice Chairman Carollo. Discussion. Vice Chair Carollo: One thing that I want to bring up to my colleagues is that if they actually relocate, the City bears the costs. And know that's in the master plan. Is there a way that we could maybe put a cap to that relocation instead of being open if they relocate? I don't know City of Miami Page 44 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 how much money it will cost to relocate, but is there a way we can somewhat cap it? I know it's in the master plan, so I'm not trying to -- you know, but I just want to get a little bit more comfort that it doesn't cost, I don't know, $50, 000 or $100, 000 or God knows how much to relocate. So I'm -- you know, is there --? You know, and I don't know what the amount is, but I kind of -- Ms. Valdes: I'm not familiar with the amount otherwise either. This relocation discussion occurred when the master plan was first approved by this Commission, and it was promised of all the sailing clubs. Vice Chair Carollo: Gotcha. Ms. Valdes: So if you want to propose an amount, we'd be happy to incorporate that. Chair Gort: But do we know the cost? Vice Chair Carollo: Yeah. I mean, I usually don't -- Ms. Valdes: Let me ask the Club. Maybe the Club might know. I have Alyn Pruett andl have also the Club treasurer, which is Ron Canizares, and if they'd come up to the podium, maybe they know what their costs might be. Chair Gort: Let me ask you a question. Besides the costs and what they think, if you could please provide information for the public that is here, the services that you provide on behalf of the City and so on? Charles Alyn Pruett: Surely. Let me address the question first. Alyn Pruett, 2901 South Bayshore Drive. I'm the commodore of the Coconut Grove Sailing Club. Thank you for hearing this item today. First, in regard to your question of the cost and how much it would be, I have no idea. We had some very preliminary discussions back during the course of the master plan about what those facilities would consist of but we never, as far as I recall, incorporated any of that detail in the master plan. So I think it would be inappropriate for us to put a number forward. We'd be happy to work with you to create such a number, but that's going to take some time. In regard to the Chair's question, I know each of you will have your own ways of evaluating this proposal before you. Let me offer you my four criteria that I hope you will consider. First question is, does the sailing club qualf for a lease? Andl think if you read at least the first few pages, you will see in the recitals that per the City's Attorney's opinion, we do qualin, under Section 29(d)of the City Charter for that lease. Second question is, is there sufficient public access to the property, to your point. First of all, as Madeline has already mentioned, our mooring field is now open to the public on a first come, first serve basis. Our adult and youth sailing programs in which we accommodate over 2,000 persons, kids and adults a year, are open to the public. Our facility is completely open for the use of any public entity. In fact, the Village Council now calls our meeting room "home" for their meetings. We partner with schools, various schools at different times for after -school programs. And of course we -- as part of our lease and what we have been doing for many years, is we offer at least $10, 000 in scholarships for disadvantaged youth to participate in our summer camp. Third point is, will the lease provide the appropriate financial return to the City? And Madeline has spoke to some of this, but first to point out that the numbers that are in our lease were arrived at by two independent appraisals conducted by the City. They both came in within a thousand or $2, 000 at 70, 71,000, which is the base rent in the lease. That is an increase over our previous base rent in the lease that expired in 2000, which was $30, 000. We're also going -from the old percentage rent of 7 and a half to the new proposed percentage rent of 10. That's the third. And the fourth and final criteria I have for you to consider is does this proposal have community support, and the answer is clearly yes. We have been before the Waterfront Advisory Board and received their agreement that this should move forward. We appeared before the Waterfront Master Plan Implementation Committee and got their agreement it should move forward. And at their last Village Council City of Miami Page 45 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 meeting, we appeared before the Cocoanut Grove Village Council and received their support for the lease as well. Michelle Niemeyer, the chair of the Village Council, was in the room a few moments ago. She has in her hand the resolution passed by the Village Council supporting this action. So those are my criteria for this. And if you do pass this, it will be a historic milestone for the Coconut Grove Sailing Club as we move forward to partner with the City and make good things happen. Thank you. Chair Gort: Thank you, Commodore. Any further discussion? Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: In order to avoid making it too complicated, maybe we could put reasonable, whatever reasonable is, but you know, for relocation. You know, amend it to be a reasonable amount for relocation? Ms. Valdes: We'll go ahead and make those changes, yeah. Chair Gort: Okay. Any further discussion? Commissioner Sarnoff. Maker accepts. Chair Gort: Maker accepts the amendment. Second -- Vice Chair Carollo: Yes. Chair Gort: Okay. All in favor, state it by saying "aye. " The Commission (Collectively): Aye. Chair Gort: As amended. Vice Chair Carollo: As amended. Ms. Valdes: Thank you. Chair Gort: Thank you. RE.4. Priscilla A. Thompson (City Clerk): RE.4 was withdrawn. Chair Gort: That's right. RE.4 RESOLUTION 11-00445 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), APPROVING THE CHIEF PROCUREMENT OFFICERS RECOMMENDATION TO DENY THE PROTEST OF J.B. BUILDERS & CONTRACTORS, INC., D/B/A BALLARENA CONSTRUCTION, AND UPHOLDING THE CITY MANAGERS RECOMMENDATION OF AWARD MEMORANDUM DATED SEPTEMBER 10, 2010, TO AWARD THE RESTORATION AND RENOVATION OF HISTORIC FIRE STATION NO. 2, PROJECT B-30579, TO EDGEWATER CONSTRUCTION GROUP, INC., AS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER IN RESPONSE City of Miami Page 46 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 TO INVITATION TO BID NO. 09-10-018. 11-00445 Summary Form.pdf 11-00445 Legislation.pdf 11-00445 Exhibit 1.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RE.5 RESOLUTION 11-00479 Office of the City A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK ALL RELIEF Attorney AGAINST RESPONSIBLE PARTIES RELATING TO THE FAILURE TO PAY AMOUNTS DUE UNDER THE MEDICAL STOP LOSS INSURANCE POLICIES ISSUED TO THE CITY OF MIAMI. 11-00479 Memorandum - Office of the CityAttorney.pdf 11-00479 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0237 Chair Gort: RE.5. Julie O. Bru (City Attorney): Mr. Chair, this is my request to the Commission to -- for authority to seek all legal remedies available against certain insurance companies and other companies with whom the City has been doing business for purposes of obtaining stop -loss coverage. Don't want to get into the details right now. We're still doing the due diligence, but there appears to be some payments that are owed to the City under various insurance policies going back as far as I think 2005/2006. Chair Gort: Okay. Commissioner Sarnoff. So move. Chair Gort: It's been -- motion -- Vice Chair Carollo: Second. Chair Gort: -- by Commissioner Sarnoff, second by Vice Chairman Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: RE.6. Priscilla A. Thompson (City Clerk): That had been withdrawn. RE.6 RESOLUTION 11-00409 City of Miami Page 47 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Office of Strategic A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Planning, Budgeting, ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO and Performance THOSE LISTED IN RESOLUTION NO. 11-0183, ADOPTEDAPRIL28, 2011, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 11-00409 Summary Form.pdf 11-00409 Legislation.pdf 11-00409 Exhibit 1.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RE.7 RESOLUTION 11-00474 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Waste ATTACHMENT(S), APPROVING THREE (3) COLLEGE LEVEL EDUCATIONAL SCHOLARSHIPS, IN THE AMOUNT OF $3,000 PER SCHOLARSHIP, FOR THE FOLLOWING ELIGIBLE STUDENTS: ZSANAI A. MCKNIGHT, GINA MARTIN AND ANQUAN MCBRIDE; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO DISBURSE THE SCHOLARSHIPS, UPON DISCRETION, WITH THE PRESENTATION OF SATISFACTORY DOCUMENTATION FROM THE EDUCATIONAL INSTITUTIONS AS STATED HEREIN; FURTHER AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO CITY MANAGER OR DESIGNEE AND CITY ATTORNEY; ALLOCATING FUNDS FROM THE OPERATING FUND ENTITLED, "OTHER CONTRACTUAL SERVICES," ACCOUNT CODE NO. 13000.212000.534000.0000.00000. 11-00474 Summary Form.pdf 11-00474 Legislation.pdf 11-00474 Exhibit 1.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0238 Priscilla A. Thompson (City Clerk): So we're in RE.7. Chair Gort: RE.7, right. Frederick Hobson: Fred Hobson, director of City ofMiami Solid Waste Department. This is a resolution approving three college -level educational scholarships, in the amount of $3,000 per scholarship, for the following eligible student [sic], Zsanai McKnight, Gina Martin, andAnquan McBride. Commissioner Dunn: Mr. Chair. Chair Gort: Yes, sir. City ofMiami Page 48 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 RE.8 11-00301 Department of Capital Improvements Program Commissioner Dunn: I'd like to move this item. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Dunn, second by Commissioner Suarez. Commissioner Dunn: Mr. Chairman. Chair Gort: Discussion. Yes. Commissioner Dunn: Just want -- yeah. I wanted to just add a -- Ms. Thompson: I'm sorry, Commissioner. Is your mike on? Commissioner Dunn: Pardon me? Ms. Thompson: Thank you. Commissioner Dunn: You couldn't hear me? Ms. Thompson: Right. Commissioner Dunn: Yes. Just wanted to add a footnote, that this is certainly a beneficial program in that it helps I guess the children of the workers for the Solid Waste Department, and it's a program that's done -- that comes out of the recycling program, andl was pleased to see that the recipients of these scholarships would be awarded $3, 000 apiece, one to Howard University, which is one of the strongest HBCUs, Historically Black Colleges and Universities, in Washington, D.C., and two homegrown at FIU (Florida International University) University. So I think it will be well spent and it's a solid investment. Chair Gort: The funding, where does it come from? Commissioner Dunn: Recycling. Chair Gort: I just want to put it on the record, please. Commissioner Dunn: Yes. Oh, from the recycling program. Yeah, thank you. Chair Gort: Any further discussion? Being none, all in favor, state by saying "aye.' The Commission (Collectively): Aye. Mr. Hobson: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE CONTRACT WITH GIANNETTI CONTRACTING CORP., FOR THE NORTH BAYSHORE DRIVE DRAINAGE IMPROVEMENTS PROJECT, B-50658, FOR PAYMENT OF THE FINANCIAL INCENTIVE AS PER THE CONTRACT, IN AN AMOUNT NOT TO EXCEED $76,968.26, THEREBY INCREASING THE AWARD VALUE FROM $1,539,365.24, TO AN AMOUNT NOT TO EXCEED $1,616,333.50; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL City of Miami Page 49 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 IMPROVEMENT PROJECT NO. B-50658; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 11-00301 Summary Form.pdf 11-00301 Letter - Drainage Project CIP B#50658.pdf 11-00301 Pre - Legislation.pdf 11-00301 Legislation.pdf 11-00301 Exhibit 1.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.8 was deferred to the Commission Meeting scheduled for June 23, 2011. Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, 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 Chair Gort: RE.8. Albert Sosa: Good morning, Commissioners. I'm Albert Sosa, assistant director of Capital Improvements. RE.8 is to authorize an increase to the contract with Giannetti Contracting Corporation, in a not -to -exceed amount of $76, 968.26, thereby increasing the contract value to $1.539 million -- from $1.539 million to $1.616 million for the North Bayshore Drive Drainage Improvement project, B-50658. The reason for this is pursuant to addendum four of the contract. It does contain a financial incentive bonus in the amount of the $76,000. It is in the opinion of CIP (Capital Improvements Program) that the contractual provision for the bonus payment has been met or had been met at the time, and this amendment is necessary in order to increase the contract value so we can pay that bonus pursuant to the contract. We -- like I said, our interpretation of the circumstances surrounding the status of the project at that time indicate that it was substantially complete as to the parameters that were set forth by the CIP administration that was managing that contract at the time. Commissioner Suarez: Mr. Chairman. Chair Gort: Thank you. Do I have a motion? Commissioner Suarez: No, but I do have questions and comments. Commissioner Sarnoff.. All right. Let me make a motion then. Chair Gort: A motion by Commissioner Sarnoff. Is there a second for discussion? Commissioner Dunn: Oh, second for discussion. City of Miami Page 50 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Chair Gort: Second. Vice Chair Carollo: For discussion. Commissioner Dunn: Yeah. Chair Gort: Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chairman. Thank you, Mr. Sosa. Last time this item came up, I asked for a deferral because I had requested certain documents that were required in the contract relating to how this bonus was supposed to be earned and paid. Those documents were not given to me because I was told that those documents do not exist. We then -- I kind of followed up and said -- or I was given other documents that were supposed to evidence what those documents mean, I guess, and they were supposed to show that there was substantial completion. And what received and what was given was a weekly construction progress report, dated December 13, 2009, and that was supposed to demonstrate to me that there was a substantial completion of the project. I looked at the pictures that were attached to that construction report and it was pretty clear to me and to my staff that it was not substantially complete, the project itself. I was then later told that -- and it's the way that Mr. Sosa explained it. He explained it very, very carefully and very well, which was that the substantial completion was not necessarily as the contract required it to be but as it was told to the contractor by a prior member of -- a prior employee of the CIP Department. And so I know we had a very similar situation to this regarding, I believe it was our training, police training station where it seemed like CIP had told the contractor something and it was not authorized, and you know, part of the issue that have -- that had then and that have now is that everyone here should know better. I think in that particular case, the contractor agreed to lower their price and maybe something can be negotiated with this specific contractor that maybe they don't receive the full bonus, but receive a partial bonus on the basis of the fact that, you know, the proper procedures were not -- andl'm not blaming anyone who's here before me now andl think that's what was flushed out in this whole process of me requesting documents and then getting documents, and then not getting documents, and then getting certain documents that didn't really comply with the documents that I was requesting. So, you know, I think we should kind of go back to the drawing board with this company and try to see if we can negotiate a reduction on the basis that the proper procedures were not implemented, were not done. Andl don't want to give the impression that this kind of activity is okay when it's not. Andl know that it hasn't happened under the new CIP director or under Mr. Sosa's leadership. And I'm very happy with their performance and the way that they've been handling the Department since they've been charged with it. They've, you know, done an excellent job of cleaning up all these items, and then also getting our bond money to work for us and getting these improvements in our neighborhoods that our residents so desperately are asking us for. So I don't want it to seem like it's a negative reflection on what they're doing. I'm very, very happy with what they're doing andl know that there -- you know, these things happened prior to their arrival, but the fact of the matter is this was a very, very similar situation to what we had to deal with in that other instance. And in that other instance, I believe the contractor -- because the contractor wanted to have a good relationship with the City ofMiami and didn't want to damage its relationship. I was told in the course of this process, well, you know, we want to have -- we don't want to upset our contractors or we don't want to lose the confidence of our contractors. But the fact of the matter is that there's an incredible amount of work -- I mean, there's an incredible amount of contractors that are dying to do work for the City ofMiami and the, you know, economy is not doing well. And so I think, you know, from that perspective, that argument to me is not all that persuasive. So I would probably vote against it under the way that it's structured currently. If it's -- you know, if our body would not mind it being deferred so that the Administration could go back and negotiate with the contractor and maybe the contractor would be willing to take a lesser bonus in recognition of the fact that certain procedures were not properly followed and that technically the contract has not been complied with, technically, bottom line. So I think we have a strong argument that City ofMiami Page 51 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 technically -- even though they may have some sort of an estoppel argument just like what happened in the police training facility case, you know, I think to do the right thing here would require that, you know, they come to the table, as did that contractor in that case, and negotiate in good faith with us. Commissioner Sarnoff. Mr. Chair. Chair Gort: Thank you. Yes, sir. Commissioner Sarnoff. I have to admit, I must have gotten a different briefing. All the stuff you just brought out was not briefed to me, and this is something that was in my neighborhood in the CRA (Community Redevelopment Agency) when I first got elected here. For those of you that don't know, '07 was a very wet year in Miami, one of our better rain years, as was '08, and we -- they had just completed Opera tower andl was watching, during the rainstorm, cars float. We had a Volkswagen Beetle floating it was so -- the water was so deep. So we immediately learned --first we tried to determine whether we could somehow claim that the high-rises built there had caused this flooding because of the rain runoff. And CIP said it would be a very difficult argument to make. So then we went and we actually got a contractor to tell us what we needed to do. It didn't involve a deep drain, which is my first time I learned what a deep drain was, and learned that it was going to be a gravitational pull, et cetera, et cetera. We entered into a contract. As a matter of fact, it was my first experience with the CBIRs (Community Budget Issue Requests) grant, and that came from the State Legislature, and that came from -- her name is escaping me. She's a very famous African American legislator down south. Commissioner Dunn: Bullard? Vice Chair Carollo: Bullard. Commissioner Sarnoff. Bullard. Vice Chair Carollo: Larcenia. Commissioner Sarnoff. Larcenia Bullard was the one who got the $150, 000 CBIRs grant. And of course, we used CRA money 'cause it was an appropriate use of the -- of that. But the first time I'm hearing anything that you're suggesting is right here, right now. And pretty much the City Attorney and Mr. Sosa have told me these people have earned the contractual right under which they've contracted for and that they finished within timeframe, so I will withdraw my motion and I'd like to have a briefing -from the City Attorney as well as Mr. Sosa 'cause I'd like to know why I didn't get the documents that you looked at. Commissioner Suarez: I think -- Chair Gort: Okay. Commissioner Suarez: -- if we can -- to move this forward, I think we should defer this item for at least another couple of weeks -- Vice Chair Carollo: Move it. Commissioner Suarez: -- to give the Administration an opportunity to go back to the contractor and negotiate the bonus structure. And again, I want to reiterate, this is not -- one of the things that very much value in Mr. Sosa and Ms. Bravo is that they have not done this. This is the kind of stuff that was happening beforehand, which was, you know, kind of on a wink and a nod, you know, go forward with extra scope or with this or with that, and they have completely stopped that and have reintroduced a formality that is necessary to have a functioning City of Miami Page 52 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 department that handles millions and millions of dollars so that there are not mismatching of funds, funds being transferred inappropriately, or contract funds being given without there being a contractual obligation. I move it for deferral. Chair Gort: So it's -- well, the -- Vice Chair Carollo: Second. Chair Gort: -- maker of the motion -- it's motion and second. And there's a motion now to -- Vice Chair Carollo: Defer. Chair Gort: -- defer. Commissioner Suarez: Move to defer. Priscilla A. Thompson (City Clerk): Do we have a date that you are interested in having it come back? Commissioner Suarez: Whenever the Administration -- two weeks, a month, whatever you think you need. Unidentified Speaker: The 23rd is fine. Commissioner Suarez: Okay. Ms. Thompson: June 23, thank you. Chair Gort: Okay. Moved by Commissioner Suarez, second by -- Vice Chair Carollo: Second. Chair Gort: -- Commissioner -- Vice Chairman -- Commissioner Sarnoff. I'll second. Chair Gort: -- Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. [Later..] Chair Gort: Okay, what's -- investigative panel. Yes, sir. Johnny Martinez (Assistant City Manager/Chief of Infrastructure): Mr. Chair, do I need the full Commission to ask the Commission to reconsider RE.8? Chair Gort: To consider who? Mr. Martinez: Reconsider RE.8. That's the Giannetti contract with the bonus. I would like to ask for it to be continued to the July 14 meeting instead of deferred to the June 23 meeting. Chair Gort: Bring it up. City of Miami Page 53 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Commissioner Sarnoff. I'm sorry. You said you wanted it for the what meeting? Mr. Martinez: The July 14 meeting. I want -- Commissioner Sarnoff. And it's presently coming back at the what meeting? Mr. Martinez: The previous action was to be deferred to the June 23 meeting, and I'm asking for it to be continued to the July 14 meeting. Commissioner Sarnoff. I move to reconsider the -- Commissioner Dunn: Second. Commissioner Sarnoff. -- previous -- Mr. Martinez: Item. Commissioner Sarnoff. -- item on RE.8. Mr. Martinez: Right. 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. Commissioner Sarnoff. I move to continue RE.8 until the July 14 agenda. Commissioner Dunn: Second. Vice Chair Carollo: Second. Chair Gort: Been moved by Commissioner Sarnoff, second by Vice Chairman Carollo. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Martinez: Thank you. RE.9 RESOLUTION 11-00475 Department of Risk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH AON CONSULTING, INC., (A/K/AAON HEWITT CONSULTING), FOR THE PROVISION OF HEALTH BENEFITS CONSULTING SERVICES AND ACTUARIAL SERVICES FOR THE DEPARTMENT OF RISK MANAGEMENT, FORA CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL ONE (1) YEAR PERIOD, AT A FIRST YEAR CONTRACT AMOUNT NOT TO EXCEED $150,000, WITH A COST INCREASE CAP NOT TO EXCEED 3% FOR THE SECOND YEAR; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS THE City of Miami Page 54 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 USER DEPARTMENT SUBJECT TO THE AVAILABILITY AND BUDGETARY APPROVAL AT THE TIME OF NEED. 11-00475 Summary Form.pdf 11-00475 List of Pre -Qualified Firms .pdf 11-00475 Scope of Services.pdf 11-00475 Tabulation of Bids.pdf 11-00475 Legislation. pdf 11-00475-Exhibit 1-SUB.pdf 11-00475-Memo-City Manager Explaining Substitution for Item RE 9 - Changes to PSA.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0239 Chair Gort: RE.9. Calvin Ellis: Good afternoon. Calvin Ellis, interim director of Risk Management. RE.9's actually a substitution item requesting the authorization for the City Manager to negotiate and execute professional services agreement with Aon Consulting, Inc., also known as Aon Hewitt Consulting, for the provision of health benefit consulting services and actuarial services for the Risk Management Department for a contract period of one year with the option to renew for one additional year, at a first year contract not to exceed $150, 000, with a cost increase cap not to exceed 3 percent for the second year; allocating funds from the various sources of funds of the user department, subject to the availability and budgetary approval at the time of need. Chair Gort: Thank you. Motion. Commissioner Sarnoff. So moved. Chair Gort: Questions. It's been moved by Commissioner Sarnoff, second by Commissioner Dunn. Discussion. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I have a couple of questions. Chair Gort: Yes. Vice Chair Carollo: First of all, I didn't get a chance to pull the budget. Is this amount in our -- in your budget for this current year? Mr. Ellis: Yes, Commissioner. It's actually for continued services. And in the prior three years, I believe we've spent in the 2008-2009 period, 372,000 with GRS, and then in the 2009-2010 period, 329, 000. I believe 300,000 is currently in this year's budget. Thus far, we've expended $126, 000 year-to-date. Vice Chair Carollo: I'm sorry; say that again. Mr. Ellis: We've expended 126, 000 for the current fiscal policy -- period. Vice Chair Carollo: So you -- do you foresee by the end of the year that'll be -- that you'll be at City of Miami Page 55 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 150 or somewhere around that range? Mr. Ellis: It's -- normally their billings lag a couple of months, so it's hard to say. It'll probably be in the neighborhood of 175 to 186, 000. Vice Chair Carollo: But we've budgeted about 300,000 you're saying? Mr. Ellis: Correct. Vice Chair Carollo: So come budget time, we'll know where we could adjust it a little bit? Mr. Ellis: Yes. Vice Chair Carollo: Okay. Thank you. Chair Gort: Any further discussion? In looking at the scope of services, it's going to be quite a bit. Can you go a little bit into what are they going to be doing? Mr. Ellis: Yeah. Their services are going to be directed towards helping the City optimize its plan design with regards to the health benefits program. It's a key issue. It's a large cost item for the City, and with Medicare, you know, reform -- healthcare reform on the horizon, it's probably going to increase somewhat over the next several years. So it's for this reason that we're requesting the continued engagement of professional services to help us with not only optimizing our plan design, but developing strategies for cost containment, such as establishing a critical disease program and also an effective wellness program. Chair Gort: Thank you. My understanding is in the past that was done at a cost of $300, 000. Today this will bring it down to 150, 000. Mr. Ellis: That's correct. But please understand, part of that 300,000 was also for actuarial services, including our OPEB (Other Post Employment Benefit) and GASB (Government Accounting Standard Board) requirements. So we're looking at assigning that to an actuary at a later date. Chair Gort: Okay. Thank you. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): And it is adopted -- Mr. Ellis: Thank you. Ms. Thompson: -- as modified. You do have a substitution. Chair Gort: As modified, yes. Now, what time you guys want to come back? This is -- that's it. Later on we have a couple ofPZ (Planning & Zoning) item and the board appointments. Three? Vice Chair Carollo: Three. Chair Gort: Three o' clock? Vice Chair Carollo: Three? That's fine. Chair Gort: Okey-doke. City of Miami Page 56 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Vice Chair Carollo: Thank you. I'll tell you when I come back. No. I just want to say as far as the finances that got deferred, we need to obtain the single audit report and the management letter that we haven't obtained yet, but I'll mention it again -- END OF RESOLUTIONS BOARDS AND COMMITTEES Vice Chair Carollo: Madam City Clerk? Priscilla A. Thompson (City Clerk): Yes. Vice Chair Carollo: I will continue all of my other appointments. Ms. Thompson: All right. And while we're there, at this point, may I ask the other Commissioners is anyone else continuing all of their appointments? Commissioner Suarez: I'll continue all of mine. Ms. Thompson: So this motion would be for the continuation of all the appointments for Vice Chair and Commissioner Suarez. Vice Chair Carollo: So moved. Commissioner Suarez: Second. Chair Gort: Any discussion? Being none, 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 FOR TERMS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: James Quinlan Commissioner Marc David Sarnoff 11-00139Arts CCMemo.pdf 11-00139Arts 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-11-0244 Priscilla A. Thompson (City Clerk): Then would you like for me to continue with the rest of them, Chair, or --? City of Miami Page 57 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Chair Gort: Yes, ma'am. Ms. Thompson: Okay. Then we will go back then to BC.1. Commissioner Suarez: BC.1. Ms. Thompson: On BC.1, it is the Arts and Entertainment Council. Vice Chair Carollo and Commissioner Suarez have already continued their appointments. Commissioner Sarnoff, you have an appointment. Commissioner Sarnoff. Reappoint James Quinlan. Ms. Thompson: James Quinlan? Commissioner Sarnoff. Yes, ma'am. Ms. Thompson: Would that be your motion? Commissioner Sarnoff. Yes, ma'am. Commissioner Suarez: Second. Commissioner Dunn: Second. Chair Gort: That's it? That's the only appointment? Ms. Thompson: That's the only one. That's the only one, yes. Commissioner Suarez: Yes. Chair Gort: Okay. All in favor, state it by saying aye." The Commission (Collectively): Aye. BC.2 RESOLUTION 11-00228 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Francis Suarez 11-00228 Audit CCMemo.pdf 11-00228 Audit Current_Board_Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Priscilla A. Thompson (City Clerk): Then on BC.2, that one has already been continued by Commissioner Suarez. City of Miami Page 58 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 BC.3 11-00229 Office of the City Clerk Commissioner Suarez: Thank you. Ms. Thompson: On BC.3, we have appointments to be made by Commissioner Suarez, which is already continued, and you have an at -large appointment for that Bayfront Park Management Trust. Chair Gort: My understanding -- what were the names --? Ms. Thompson: I'm sorry, sir. Chair Gort: The one at large, they were nominated last time? Ms. Thompson: There is no nomination process for this. The person who is currently serving as one of your at -large individuals, whose term has expired, is Ms. Elena Carpenter. Chair Gort: We moved it last time we were here. Ms. Thompson: No, sir, you didn't. Chair Gort: We didn't? Okay. Ms. Thompson: And we're at -- well, because with her, if you go ahead and renominate her today, since -- because she has served since May 10, 2001, she would need a five five term limit waiver. Chair Gort: So she cannot be nominated or she can? Ms. Thompson: It is -- you know, you can really determine if you want to go ahead and go through with the reappointment and consider the five five term limit waiver at another meeting or leave her there and she continues to serve. Chair Gort: Okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Francis Suarez Commission -At -Large 11-00229 Bayfront CCMemo.pdf 11-00229 Bayfront Current_Board_Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II BC.4 RESOLUTION City of Miami Page 59 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 11-00371 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Alvin Bullard Civilian Investigative Panel (District 5) Ducosse Delve Civilian Investigative Panel (District 5) Ellis Berger Civilian Investigative Panel (District 2) 11-00371 CIP CCMemo.pdf 11-00371 CIP Current_Board_Members.pdf 11-00371 CIP Nominations.pdf Motion by Commissioner Dunn II, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0243 Chair Gort: Do we have CIP (Civilian Investigative Panel) on the agenda or --? Vice Chair Carollo: We have -- Commissioner Sarnoff. Yeah, it's under board. I think it's under boards. Chair Gort: Under boards. Oh, okay. The -- at this time I'm going to take board appointments. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Can we take BC.4, which is the CIP item or the CIP board nominee out of context -- out of the agenda and address that first, 'cause I'm going to continue probably the rest of mine. So I would just like to address that for a second -- Chair Gort: Commissioner. Vice Chair Carollo: -- if possible? Chair Gort: PZ.4? Vice Chair Carollo: BC (Boards and Committees). Commissioner Dunn: BC. Vice Chair Carollo: B'as in bravo -- Chair Gort: BC.4, okay. City of Miami Page 60 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Vice Chair Carollo: -- C'as in -- Commissioner Sarnoff.. Charlie. Vice Chair Carollo: -- Charlie. Chair Gort: Okay. Vice Chair Carollo: Thank you. I have -- well -- Chair Gort: BC.4. Vice Chair Carollo: Yes. I think each -- and that's something that I wanted to speak on last time and we deferred some of this. Each Commissioner gets to appoint from the list that they provide to us, two from each district. The two from my district that, so far, has been provided is Daniel Suarez and Rolando Aedo. I've had my office try to reach out to Daniel Suarez to get his resume so we know more about him. And Rolando Aedo, I've tried to meet with him andl guess our schedules have conflicted or so forth. I actually even went by his house last night andl didn't see him. So I am going to, you know, defer my two until meet with these two individuals, and go from there, so -- Chair Gort: Okay. There's two additional individuals so -- District 3, 2 and 5. District 5, you have Alvin Bullard. Commissioner Dunn: That's -- I have no -- yes, I'm ready to move forward with that. Chair Gort: You move forward? Commissioner Dunn: Yeah. I find that's fine that we -- Chair Gort: Okay. Commissioner Dunn: -- move forward. Yes. Chair Gort: District 2. Priscilla A. Thompson (City Clerk): I'm sorry. Chair, District 5 actually has two listed there. Chair Gort: But this time he have only one person being recommended. Vice Chair Carollo: And Madam City Clerk -- Ms. Thompson: Yes, sir. Vice Chair Carollo: -- I'm going to continue all of my other appointments. Ms. Thompson: Okay. Can -- I'll ask if we can, when we finish this one -- Vice Chair Carollo: Right. Ms. Thompson: -- we'll do those -- all that other -- okay. Janet McAliley: Mr. Chair. City of Miami Page 61 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Chair Gort: Yes. Ms. McAliley: I'm JanetMcAliley, a member of the CIP, and I'd like to speak to this issue. And with me is Charles Mays, our attorney, and Carol Abia, who is our acting interim director. We'd like to speak to this. Chair Gort: Go ahead. Charles Mays: Most respectfully, with respect to -- I'm Charles Mays -- the issue of the appointments, the appointments are not necessarily made by an individual Commissioner, but instead the appointments are made by the entire Commission. And the intent of the ordinance amendment from the standpoint of making sure that there were at least two members from each district was for the purpose not necessarily of conferring upon a particular Commissioner, if you will, an appointment, per se, but rather to make sure that it was indeed diversity with respect to the appointments. We respectfully urge you to consider these matters. The candidates have been vetted extensively. We've been here on many, many occasions. We have people whose terms have long expired and yet and still they serve. We urge you to move forward, with all due respect. Chair Gort: All right. Thank you. Commissioner Dunn: Mr. Chairman. Chair Gort: Yes. Commissioner Dunn: Yeah. I -- the two names that wanted to proffer -- andl think that's what we were trying to do, if I'm not mistaken, counselor -- was Alvin Bullard andDucosse Delva in District 5. Those were the two names. Vice Chair Carollo: If you move it, I'll second. Commissioner Dunn: Okay, so move. Vice Chair Carollo: Second. Ms. Thompson: Sorry. Chair Gort: Wait, Wait, wait. Ms. Thompson: IfI might -- Chair Gort: Excuse me a minute Mr. Mays: But actually -- Chair Gort: Excuse me a minute. My understanding is we're to send a recommendation to the -- to their board. Their board has a process where they interview the individuals and they come back with a recommendation. My understanding is, and correct me if I'm wrong, we can only vote for those individuals that are on the list that had been recommended, that had been interviewed by them, and has been recommended. That's what my interpretation. Commissioner Dunn: Mr. Chairman. Chair Gort: Yes. City of Miami Page 62 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Mr. Mays: And -- Commissioner Dunn: Madam Clerk, help us. I mean, is that -- I mean, I'm not doubting you, Mr. Chairman, but I just want to kind of -- Ms. Thompson: He's -- Chair Gort is absolutely correct. When the -- it's my understanding, when the discussion took place to amend the ordinance, there was much discussion. The advertising process or collecting of names process didn't change. I remember Commissioner Gort says well, we can recommend people to put in their applications and they can be considered, right, and virtually have said yes, and that's what happened. Individuals -- the advertisement was sent out. The notification sent out. People picked up applications from our office, from online, the whole process. That information turned over to the CIP. They went through their process. And it's my understanding, after that vetting process, these are the five names that we have before us at this point in time. Commissioner Sarnoff. Mr. Chairman, I'd like to make a motion. Chair Gort: Yes. Commissioner Sarnoff. Rolando Aedo's from District 3, 1700 Southwest 12th Avenue; Ellis Berger from District 2, 550 Northeast 53rd Street; Alvin Bullard, District 5, 4761 Northwest 11 th Avenue; Ducosse Delva, District 5, 7835 Northeast 2ndAvenue; Daniel Suarez, District 3, 3600 Southwest 16th Court, and that's my motion. Ms. Thompson: Excuse me. Commissioner Dunn: Second. Ms. Thompson: I am so sorry. Commissioner Dunn: To recommend to the -- Ms. Thompson: Because the Mayor had requested and wanted to actually proffer the name of Mr. Ellis Berger as the Mayor's appointment citywide options. Vice Chair Carollo: Mr. Chairman -- Chair Gort: Wait a minute. Vice Chair Carollo: -- here's the thing. Chair Gort: Yes. Vice Chair Carollo: If these two are going to represent my district, I want at least the courtesy to be able to meet with them. Mr. Mays: May I speak, sir? Vice Chair Carollo: I did not recommend these people. You know, these are the names coming to me, and there's a reason why they have District 3 next to them. So if these are going to be the representatives from District 3, I want the courtesy to be able to meet with them to at least see a resume because I don't know who this Daniel Suarez is from, you know, Pepe Suarez, so I -- Commissioner Suarez: (UNINTET,T IGIBT ,F) City of Miami Page 63 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Vice Chair Carollo: -- you know. I need to at least see a resume. I need to -- you know, I think it's an important board and, you know, at the very least, there's a reason why there's a District 3 next to these two names. Mr. Mays: May -- Commissioner Sarnoff. And, Commissioner, I'm not disagreeing with you, andl didn't vote for this change. The way you're doing it is the way we used to do it. I didn't vote for this particular change, andl think this change may have come before you guys were here. I'm not sure. But this is the process that a Commission voted for by taking it away from Commissioners as to how they appoint people to the board. Vice Chair Carollo: Well, here's the thing. There's a reason why we have to ratify this or vote for this. There is a reason. And l just don't see if we don't vote for the two members or the two nominees from District 3, how they become CIP members, so no. You know, it's not like it's taken out of our hands. Andl think what I'm requesting is, you know, extremely reasonable because surely, if there was someone from District 2 and you didn't know about it and you asked for that courtesy to at least get to know this person, I wouldn't vote for that. Commissioner Sarnoff. Well, I don't know Ellis Berger, I'll be honest with you. I'm literally left with a process I didn't vote for, one that I think became politicized in its own way and one that took some of our ability to vet candidates out of our hands. Vice Chair Carollo: Well, not necessarily so 'cause like I'm saying, right now I want to meet with them. If for some reason -- I mean, realistically, I don't know who this Daniel Suarez is. However, he's representing District 3. I didn't nominate this person, like, you know, Commissioner Gort mentioned. You know, I don't know who he is. I want, at the very least, to be able to see his resume to see who he is. I mean, unless you're telling me this board is really not that important and anyone they name is fine, you know. All we need is a name in there to -- you know, someone that lives in your district. I don't believe that. I think this board is extremely important and I'd like to have the courtesy of knowing who is being there with the District 3 title next to them. Commissioner Dunn: Mr. Chairman, I -- just so -- ifI may. I'm just trying to get clarification. I know we've been kind of dealing with this. I just -- what is -- I'm -- Madam Clerk, what is the process 'cause I'm still --? I'm -- think -- one minute I thinkl understand it and then the next minute -- go ahead, Mr. Chairman, if you -- what's the process? Chair Gort: My understanding, what this Commission voted on was that each one of us was to try to send applications or applicants to the -- to their board of director. Their board of directors is independent, voted by the people of the City ofMiami. They were to interview the individuals and make their recommendation. I, myself, I've only been able to send one person that was already serving that board. My understanding is we're supposed to send individuals to them so they can be interviewed by them and recommended to us. Commissioner Dunn: Okay. IfI may, (UNINTET,TIGIBT,F) 4: 29: 59 -- So just trying to -- I'm not a lawyer, but I'm learning from these guys. So Madam Clerk, is that the process, just basically what he just said? I'm going somewhere. Maria J Chiaro (Deputy City Attorney): Mr. Chair. Chair Gort: The attorney. Ms. Chiaro: HI would just add to what the Chairman said. In addition to the names sent to the Civilian Investigative Panel to be interviewed for possible recommendation -- City ofMiami Page 64 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Commissioner Dunn: Okay. Ms. Chiaro: -- to the City Commission for appointment, the Civilian Investigative Panel advertised itself and interviewed names that came to it from various organizations or just members of the public. So not only the names from the City Commission went to the Civilian Investigative Panel Nominating Committee, but other names from the community, at least in terms of the ordinance where part of the process to receive the nominations back to the City Commission for appointment by the City Commission. Commissioner Dunn: Okay. I'm 'bout to get there. Chair Gort: Commissioner. Commissioner Dunn: Thank you, Mr. Chairman. Thank you for my [sic] indulgence. So now, if I'm not mistaken -- 'cause this really speaks -- so that I hear you saying, colleague -- Vice Chair Carollo, that you didn't have any involvement whatsoever in this process that we're given. Is that what hear? Vice Chair Carollo: Yes. I did not nominate these people. I did not provide these names. They provided these names to me, which now, in turn, I -- okay. They provide these names. They could be qualified individuals. However, I want the opportunity, since they're going to be representing District 3, to be able, at the very least, you know, receive a resume and know who they are. Andl -- Commissioner Dunn: Now -- Vice Chair Carollo: -- think, in all -- Commissioner Dunn: -- let me just say -- Vice Chair Carollo: -- fairness, that's -- Commissioner Dunn: I'm going to say. That's what -- I don't -- now, that's -- now I don't know. That's Madam Attorney -- because I don't want to -- I don't -- within the means of the law, okay, of the guidelines for the CIP -- certainly as a Commissioner you don't want to abdicate your total responsibility at least in being able to have some input. The final decision rest with the CIP, clearly understand that. Vice Chair Carollo: The final decision rest with us. Commissioner Dunn: Oh. Vice Chair Carollo: And that's why -- Commissioner Dunn: Okay. Vice Chair Carollo: -- if we don't vote for these two individuals, then they don't become CIP. Commissioner Dunn: Got it. Vice Chair Carollo: So that's why I disagree with Commissioner Sarnoff that we did not give our right up. Commissioner Sarnoff. Well, if I could just -- first off I actually have a lot of respect for your City of Miami Page 65 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 position. Your position, very simply, is when it says approve, it means that you're going to have vetted that person, understood that person, and part of your vote for that approval process is your -- well, is your approval of that person, and that you simply, as you like to say, don't rubber-stamp things. I get that. Vice Chair Carollo: Yep. Commissioner Sarnoff. And you know what, I think agree with you because there's a number of times -- things are going to fall on our shoulders in the next couple of weeks, months, maybe days, and it's going to say "with the approval of the City Commission. "And the question just bears in mind, principally, what does it mean for the City Commission to approve something. And inevitably, things are going to fall on us because the Charter's going to say, you know, you are the inevitable arbiter of what is going to be right and what is going to be wrong; that our approval should mean something. So you know, I certainly -- I agree with you. I didn't agree with the changing of the process. And you're right, to do it any other way would mean a rubber stamp. Commissioner Dunn: Yeah. Chair Gort: Yeah. Commissioner Sarnoff. So I will withdraw my motion. Vice Chair Carollo: Thank you. Commissioner Dunn: What -- Mr. Chairman. Chair Gort: Motion withdrawn. Yes, sir. Commissioner Dunn: Yes. Now -- andl withdraw my second. But the question is if the other districts are -- district Commissioners are okay, could the motion be modified to include those that are okay, with the exception of district --? Would you have any problems with that, Vice Chairman? Vice Chair Carollo: Right. In other words, if you want the two from District 5 and -- Commissioner Dunn: Yeah. Vice Chair Carollo: -- so forth, yes. Commissioner Dunn: Okay. Vice Chair Carollo: We -- this isn't a grouping. We could, you know -- Commissioner Dunn: Got it. Vice Chair Carollo: -- choose individual ones -- Commissioner Dunn: Got it. Vice Chair Carollo: -- and so forth. It's not a grouping. Yes, absolutely. Commissioner Dunn: So I'd like to make a motion with -- to move with the names that were submitted with those -- City of Miami Page 66 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Commissioner Suarez: Second. Commissioner Dunn: -- said names, with the exception of -- let me just read it. Ellis Berger, District 2. Okay, there it is. Alvin -- okay. Alvin Bullard, District 5, Ducosse Delva, District 5, and Ellis Berger, District 2. There's a motion on the -- Chair Gort: Okay. There's a motion. Is there a second? Commissioner Sarnoff.. Second. Commissioner Suarez: Second. Chair Gort: Been move and second. Moved by Commissioner -- Commissioner Suarez: I just want to say for the record that I'm not related to Daniel Suarez. Didl say that already? Chair Gort: Yes, you did. Commissioner Suarez: I don't even know who he is -- Vice Chair Carollo: That he is not related. Commissioner Suarez: -- as far as I know. Chair Gort: Okay. Commissioner Suarez: I don't know. I mean, Suarez is a very common name. And maybe somehow there's some -- Chair Gort: Okay. We have a motion -- Commissioner Suarez: Not that I'm aware of at least. Chair Gort: -- and a second. Discussion. Yes, ma'am, I'll allow you. Ms. McAliley: Thank you, Mr. Gort. The applications and -- have been -- of all these five people have been sent to your offices. In fact, Rolando Aedo, one of our most outstanding applicants, has tried -- you -- we've offered his name to fill some of the vacancies last fall, Mr. Carollo, and we sent his resume, which is extensive, and he tried numerous times to get an appointment with you and never was able to do that. Daniel Suarez also has gone to your office seeking an appointment with you and has not been given an appointment. There are eight individuals on the CIP now who are past their sell -by date or their time when they're allowed to be there, but the ordinance provides that we can -- that we will stay until we're replaced. I'm ready to be replaced. But I really believe in the importance of civic involvement and the good law enforcement in this City, and that's why I've put in eight years of a lot of hard work on this, andl am tired of coming down here on CIP issues and been treat -- being treated -- the process being treated with contempt because we have done our work and our staff has done the work. And we have tried to get good applicants, and we have two very good ones from your district. But the whole process was not meant to be that individual Commissioners can pick their members of the CIP. The process was to get good people through a wide ranging advertisement also seeking input from all of you and your offices and that these appointments would be made as a committee of the whole, not individual political appointments, and that's what you're turning this into. And I must say you have done a disservice to a lot of hard work from really good people. City of Miami Page 67 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Chair Gort: Thank you, ma'am. Vice Chair Carollo: Ma'am -- and Mr. Chairman, ifI may, I need to answer. Chair Gort: Yes, sir. Vice Chair Carollo: First of all, I disagree with what you're saying. I think that if someone's going to have a District 3 next to their name, then I should, at the very least, be able to meet with that person and, at the very least, in the case of Daniel Suarez -- and you notice, I've never mentioned the resume with Rolando Aedo 'cause we did receive that. We just kept missing each other. For some reason -- I've called him several times, my office has; he was out of town, couldn't meet with me. Even last night I went by his house. I mean, I know his house by heart, you know. I know his address by heart, you know, so I have tried. We've missed each other for some reason. And with Daniel Suarez, I don't even have a resume, so we've reached out to him. And the truth of the matter is, they may be very good individuals. I don't know that. And until I know that, I cannot vote for them. That's my position. So I disagree about any disservice or -- you know what, I'm not even going to keep speaking on that matter. Ms. McAliley: It's been eight months -- Chair Gort: There's a motion and a second -- excuse me, ma'am. We're in the process of a motion. There's a motion and a second. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Chair Gort: Thank you. Mr. Mays: Thank you. BC.5 RESOLUTION 11-00446 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Mike Butler Commission -At -Large 11-00446 CEB CCMemo.pdf 11-00446 CEB 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-11-0245 Chair Gort: Let's go to the next one. City of Miami Page 68 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Priscilla A. Thompson (City Clerk): Okay. On BC.4, you've already done that one. BC.5 would be your Code Enforcement Board. You have three at -large appointments to be made by the Commission. You have two individuals who, of the at -large appointments when you make those appointments, they will be alternate members. Chair Gort: Okay. Commissioner Suarez: Mr. Chairman. Chair Gort: Commissioner Suarez. Commissioner Suarez: Thank you. Not going to be making an appointment, but I do have a question. Does a representative of your staff attend Code Enforcement meetings? Ms. Thompson: No, sir. Those are covered by the Hearings [sic] Board [sic] office. Commissioner Suarez: So no one from the Clerk's office attends that meeting, that specific meeting? Ms. Thompson: That's correct. Commissioner Suarez: Okay. Who then would be the person responsible for educating the members on the process and the procedure that they have to follow because obviously, you do that for us. But who would be the one entrusted with doing that for them? Because there's been some issues that have been brought to my attention about the operation of that board and -- specifically, relating to procedure. Ms. Thompson: Our Planning director, Mr. Francisco Garcia. The Hearing Boards falls under his department. The person who's over that area would be Mr. Anel Rodriguez. Commissioner Suarez: But my question is if -- let's say, for example, we had a question on procedure, we would ask you. Ms. Thompson: Correct. Commissioner Suarez: Right? In this -- when this board is ongoing, if they have a question on procedure, who is the person that they should ask at that board hearing? Maria J. Chiaro (Deputy City Attorney): Commissioner, ifI may? Commissioner Suarez: Please. Ms. Chiaro: The Code Enforcement Board -- Commissioner Suarez: Right. Ms. Chiaro: -- has its own attorney -- Commissioner Suarez: Yes. Ms. Chiaro: -- who is retained to advise that -- the board on its procedures. Commissioner Suarez: I'm aware of that. Ms. Chiaro: The City Attorney's office prosecutes in fronts of board, but questions regarding City of Miami Page 69 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 procedure are either answered by the attorney advising the board -- Commissioner Suarez: Right. Ms. Chiaro: -- or by the person -- andl don't know who is assigned to take the minutes from the Code Enforcement Board. It's Hearing Boards. It's the Office of Hearing Boards. Commissioner Suarez: But the person who's taking the minutes, is that person -- should that person be the one that's entrusted with or that's required to advise the board procedurally on how to conduct their meetings in a proper procedure? Ms. Chiaro: It -- that person who is taking the minutes serves in the same capacity for that meeting as your City Clerk -- Commissioner Suarez: As the Clerk. Ms. Chiaro: -- does. Commissioner Suarez: Okay. Ms. Chiaro: But again, there is an attorney who is there to advise -- Commissioner Suarez: Right. Ms. Chiaro: -- the board solely on procedures and questions of law for the board. Commissioner Suarez: Right. But what I'm getting at is like rules of order and procedural questions, not having to do necessarily with legal questions, and I'm not sure -- maybe she -- maybe that person is required to have a dual role. I don't know. Ms. Chiaro: It would be the board's attorney. Commissioner Suarez: So you're saying that the Hearing Board officer would not be the one that would advise them on the rules and regulations? Ms. Chiaro: Generally speaking -- Commissioner Suarez: It would be the Board -- Ms. Chiaro: -- no. With the Hear -- the attorney for the board itself would advise on procedures, what kind of evidence can be admitted, you know -- Commissioner Suarez: Right. Ms. Chiaro: -- those kinds of things. Commissioner Suarez: I'll give you -- I'll explain to you what's going on. What happened is apparently there's an at -large member who is an alternate and there's been some questions about whether that at -large member can second a motion, cannot second a motion. Andl think the issue is just having clarity and consistency, you know, so that the rules are clear and that whether -- if that person cannot second a motion, if they're an alternate and the full board is there, then that person cannot -- my understanding of what an alternate means is that person -- if we had an alternate and all five of us were here, the alternate would have to sit on the sideline -- Ms. Chiaro: That's correct. City of Miami Page 70 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Commissioner Suarez: -- or go home. Ms. Chiaro: That's correct. And the -- Commissioner Suarez: Unless -- Ms. Chiaro: -- board attorney would advise the Code Enforcement Board of that. Commissioner Suarez: Okay. Ms. Chiaro: But -- Commissioner Suarez: So I just want to make sure that that person is -- I don't know to what extent maybe we can issue a directive or what, but you know, there's been complaints about the way that the procedure's been handled at that board and so I just want there to be consistency and clarity, you know, when -- I don't know if you can communicate that to the board attorney or Ms. Chiaro: Yes. We have communication with the Code Enforcement Board attorney and, apropos of this discussion, we will discuss the procedure -- Commissioner Suarez: Thank you. Ms. Chiaro: -- of the Code Enforcement Board. Ms. Thompson: So then we're still at that point where the Commission at -large still has three appointments to make to that board. Commissioners, your pleasure. Chair Gort: The -- what are the names at large and who's --? Ms. Thompson: I'm sorry. Chair Gort: Who -- Ms. Thompson: Currently serving at large, you have Mr. Mike Butler, whose term expired on May 12. Commissioner Sarnoff. So move. Commissioner Dunn: Second. Ms. Thompson: And then you also have Ms. Marta L. Zayas. She is an alternate member. And then you have a vacancy. Now, if we reappoint Ms. Zayas, her -- she would require an absentee waiver because she had five absences in 2011. Chair Gort: Who else? Ms. Thompson: Those are the only ones whose seats would be up -- Chair Gort: Okay. Ms. Thompson: We have a vacancy. Chair Gort: There's only a motion for one, and it's been made by -- City of Miami Page 71 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Commissioner Suarez: Second. Chair Gort: -- Commissioner Sarnoff, second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Ms. Thompson: So that is your appointment ofMr. Mike Butler, your reappointment ofMr. Mike Butler. Chair Gort: Um -hum. Ms. Thompson: Didl hear from Ms. Zayas as well? Commissioner Suarez: No. Ms. Thompson: No. Commissioner Sarnoff.. No, you did not. Ms. Thompson: That's what I thought. Only one for Mr. Mike Butler. Commissioner Sarnoff.. Correct. Commissioner Dunn: Right. BC.6 RESOLUTION 11-00447 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FORA TERM AS DESIGNATED HEREIN. APPOINTEE: Maud Newbold 11-00447 CSW CCMemo.pdf 11-00447 CSW Current_Board_Members.pdf NOMINATED BY: Commissioner Richard Dunn II 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 R-11-0246 Priscilla A. Thompson (City Clerk): Then we have BC.6. Chair Gort: I'll pass on mine. Ms. Thompson: On BC. 6 then we would have remaining would be Commissioner Dunn. Commissioner Dunn: Yes. I'd like to proffer the name of Maud Newbold. City of Miami Page 72 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 BC.7 11-00235 Ms. Thompson: Ms. Maud Newbold, okay. Commissioner Dunn: Yes, that's correct. Ms. Thompson: That's your motion. We have a second? Chair Gort: Motion by Commissioner Dunn, second by -- Commissioner Sarnoff.. Second. Chair Gort: -- Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Carlos Morales Mayor Tomas Regalado ( Term ending December 9, 2012) Juana Amanda Vargas Chairman Wifredo (Willy) Gort (Term ending June 9, 2013) 11-00235 CRB CCMemo.pdf 11-00235 CRB Current_Board_Members.pdf 11-00235 CRB Liaison Memo.pdf 11-00235 CRB Resumes.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, 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-11-0247 Priscilla A. Thompson (City Clerk): Then we have on BC.7, this is the Community Relations Board. The Mayor has proffered the name of Mr. Carlos Morales. Commissioner Sarnoff.. So move. Commissioner Dunn: Second. Ms. Thompson: And -- okay. All right. Then of course Commissioner Gort, you have two appointments. Chair Gort: Reappoint Juana Amanda Vargas -- Commissioner Sarnoff.. Second. Chair Gort: -- and Barbara Rodriguez. City of Miami Page 73 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 BC.8 11-00231 Ms. Thompson: Can we do one motion, please? Commissioner Sarnoff.. Yeah. We'll just -- we'll call it a serial motion. Ms. Thompson: Okay. So so far we have for the Mayor, Carlos Morales; for Chair Gort, Juana Vargas. And did you say, Chair --? Chair Gort: Barbara Rodriguez. Ms. Thompson: Okay, and Barbara Rodriguez would need a four fifth attendance waiver. Okay. And then Commissioner -- Chair Gort: We need a Commissioner here. Ms. Thompson: -- Sarnoff, do you have anyone? Commissioner Sarnoff.. I will not be appointing, ma'am. Ms. Thompson: Okay. Chair Gort: Okay. So we go with Carlos Morales and Juana Amanda Vargas. Ms. Thompson: Yes. So your mover, seconder. Chair Gort: There's a motion by Commissioner Dunn, second by Commissioner Sarnoff. Any discussion? Being none, all in favor, indicate it by saying aye." The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: Vivian Walters, Jr. NOMINATED BY: Commissioner Richard Dunn II 11-00231 CTAB CCMemo.pdf 11-00231 CTAB Current_Board_Members.pdf Motion by Commissioner Dunn II, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-11-0248 Priscilla A. Thompson (City Clerk): On BC.8, our Community Technology Advisory Board, there is an appointment now to be made by Commissioner Dunn. City of Miami Page 74 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 BC.9 11-00232 Office of the City Clerk Commissioner Dunn: Yes. I would like to proffer the name of Vivian Walters. Commissioner Sarnoff. Second. Ms. Thompson: Vivian -- Commissioner Dunn: Walters. Ms. Thompson: W-A-L-T-E-R-S, okay. Commissioner Dunn: That's correct. Commissioner Sarnoff. Second. Chair Gort: Been moved and second. Any discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE 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 Term Waiver Current_Board_Members.pdf NO ACTION TAKEN Priscilla A. Thompson (City Clerk): On BC.9, we can't take that up because we need a five five. Chair Gort: Okay. BC.10 RESOLUTION 11-00241 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: Albena Sumner 11-00241 EOA CCMemo.pdf 11-00241 EOA Current_Board_Members.pdf NOMINATED BY: Commissioner Richard Dunn II 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 City of Miami Page 75 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 R-11-0249 Priscilla A. Thompson (City Clerk): On BC.10, BC.10 would be our Equal Opportunity Advisory Board. We have appointments to be made by Chair Gort, then Commissioner Sarnoff, and Commissioner Dunn. We have no names being -- no new names or any names proffered by the three bargaining units listed. Commissioner Sarnoff.. I will not be making an appointment. Commissioner Dunn: I will be proffering the name ofAlbena Summer [sic]. Vice Chair Carollo: Second. Commissioner Dunn: Sumner. Chair Gort: Pass. Ms. Thompson: Okay. Commissioner Sarnoff.. Aye. Commissioner Dunn: Aye. BC.11 RESOLUTION 11-00448 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Wifredo (Willy) Gort Commissioner Francis Suarez 11-00448 Finance CCMemo.pdf 11-00448 Finance Current_Board_Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Priscilla A. Thompson (City Clerk): All right. Then we move to BC.11, the Finance Committee. On BC.11, Chair Gort, you have an appointment. Chair Gort: Pass. BC.12 RESOLUTION 10-00766 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. City of Miami Page 76 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 APPOINTEES: NOMINATED BY: Vice Chairman Frank Carollo Commissioner Francis Suarez Commissioner Richard Dunn II 10-00766 Health CCMemo.pdf 10-00766 Health Current_Board_Members.pdf Motion by Commissioner Dunn II, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez Priscilla A. Thompson (City Clerk): Okay. Then we move to BC.12. On BC.12, Vice Chair Carollo and Commissioner Suarez have already continued theirs. Commissioner Dunn: I'll -- Ms. Thompson: Commissioner Dunn -- Commissioner Dunn: -- I'm going to continue that one. Ms. Thompson: -- you have an appointment. Commissioner Dunn: Continue. Ms. Thompson: So that's -- okay. Do I -- get a second on that one for me because you're continuing it. Commissioner Dunn: I'm continuing it. Ms. Thompson: Yes, you're continuing yours. Chair Gort: No, no. Their -- Ms. Thompson: Okay. Chair Gort: He's -- Ms. Thompson: So that's Dunn/Suarez, 3-0. That's what you're saying? Because that was my last one there for -- to take the action. Yes? Chair Gort: I'm sorry. What was that again? Ms. Thompson: Okay. Chair Gort: He doesn't want to take a decision today. Ms. Thompson: Right. So he's continuing his, so I'm listing his motion as -- to continue. Commissioner Sarnoff. I think he wants it brought up the same time as everybody else's. So whenever you would bring this back, he would -- that's what he wants. City of Miami Page 77 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 BC.13 11-00233 Office of the City Clerk BC.14 11-00460 Office of the City Clerk Ms. Thompson: And all need is -- Commissioner Sarnoff. I'm his attorney today. Ms. Thompson: -- a seconder and the vote on his motion. Chair Gort: We never had a motion before on this. Ms. Thompson: Yeah. Chair Gort: Okay. Moved. Second by Commissioner Sarnoff. All in favor, state it by saying aye." The Commission (Collectively): Aye. 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 Vice Chairman Frank Carollo Commissioner Francis Suarez (Business/Finance/law - Category 6) (Architectural Historian - Category 3) (Architect - Categoryl ) 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 Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Ms. Thompson: On BC.13, those have -- that would be continued because of Commissioner Suarez and Vice Chair Carollo. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City of Miami Page 78 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 David R. Berley Commissioner Marc David Sarnoff 11-00460 Homeland CCMemo.pdf 11-00460 Homeland 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: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-11-0250 Priscilla A. Thompson (City Clerk): On BC.14 is your Homeland Defense. Commissioner Sarnoff.. I'd reappoint David Berley. Ms. Thompson: Mr. David Berley. That's your motion, sir? Commissioner Sarnoff.. It is, ma'am. Chair Gort: It's been moved -- Commissioner Dunn: Second. Chair Gort: -- Commissioner Sarnoff, second by Commissioner Dunn. All in favor, state it by saying iiye. " The Commission (Collectively): Aye. BC.15 RESOLUTION 11-00462 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Nathan Kurland Commissioner Marc David Sarnoff Walter Frazier Commissioner Richard Dunn II 11-00462 MSEACCMemo.pdf 11-00462 MSEACurrent_Board_Members.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-11-0251 Priscilla A. Thompson (City Clerk): Then on BC.15, you have your Miami Sports & Exhibition Authority. City of Miami Page 79 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Vice Chair Carollo: I would reappoint Nathan Kurland. Commissioner Dunn: Andl want -- Commissioner Sarnoff.. That is my motion. Commissioner Dunn: -- second. Chair Gort: It's been moved and second. Ms. Thompson: And then -- Commissioner Dunn: Then I -- we should have done it all at one time, right? I -- okay. Ms. Thompson: Thank you. Commissioner Sarnoff.. I'll amend my motion. Commissioner Dunn: Okay. I -- okay, will you amend it? And I'll amend it to include Coach Walter Frazier. Commissioner Sarnoff.. Is that Walt? Commissioner Dunn: That's who it is. Ms. Thompson: Walter Frazier. Commissioner Sarnoff.. No way. Commissioner Dunn: Yes, it is. Chair Gort: Great. Commissioner Dunn: He was at the meeting. Commissioner Sarnoff.. Okay. Chair Gort: Okey-doke. Ms. Thompson: Okay, so -- Chair Gort: There's a motion and there's a second. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. BC.16 RESOLUTION 11-00367 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City of Miami Page 80 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Milton Hall, Sr. Commissioner Richard Dunn II 11-00367 NAB CCMemo.pdf 11-00367 NAB Current_Board_Members.pdf Motion by Commissioner Dunn II, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-11-0252 Priscilla A. Thompson (City Clerk): On BC.16 that would be your Nuisance Abatement Board. Commissioner Dunn. Commissioner Dunn: I want to proffer the name Milton Hall, Sr. Ms. Thompson: Mr. Milton Hall, Sr. Commissioner Sarnoff. Second. Ms. Thompson: That's your -- okay. And your vote. Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. BC.17 RESOLUTION 11-00202 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE OAB/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Marlon Moore Commissioner Richard Dunn II Shamar Robbins Commissioner Richard Dunn II Deborah Breedlove Commissioner Richard Dunn II (Youth Member) 11-00202 OAB CCMEMO.pdf 11-00202 OAB Current_Board_Members.pdf 11-002-2 OAB Applications.pdf 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 City of Miami Page 81 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 BC.18 11-00368 Office of the City Clerk BC.19 11-00250 Office of the City Clerk R-11-0253 Priscilla A. Thompson (City Clerk): On BC.17, you have your Overtown Advisory Board. Commissioner Dunn. Commissioner Dunn: Yes. I believe I have Marlon Moore, Shomar Robbins, and Deborah Breedlow [sic]. Commissioner Sarnoff. Second. Chair Gort: It's been moved 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 APPOINTING A CERTAIN INDIVIDUAL AS MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 11-00368 PRAB CCMemo.pdf 11-00368 PRAB Current_Board_Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Ms. Thompson: BC.18 is continued based upon the earlier motion. RESOLUTION 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 City of Miami Page 82 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Commissioner Richard Dunn II 11-00250 UDRB CCMemo.pdf 11-00250 UDRB Current_Board_Members.pdf Motion by Commissioner Dunn II, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez Priscilla A. Thompson (City Clerk): BC.19, you have for the Urban Development Review Board, UDRB. We have appointments to be made by Chair Gort and Commissioner Dunn. Chair Gort: I'll pass. Commissioner Dunn: I'll continue as well. Ms. Thompson: Okay. Can I get a --? Commissioner Sarnoff. Second the motion to continue. Chair Gort: All in favor, state it by saying aye." The Commission (Collectively): Aye. Commissioner Sarnoff. Just trying to help. BC.20 RESOLUTION 10-00919 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. BC.21 11-00466 APPOINTEES: NOMINATED BY: Commissioner Francis Suarez Commission -At -Large 10-00919 Virginia Key CCMemo.pdf 10-00919 VKBPT Current_Board_Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Priscilla A. Thompson (City Clerk): On BC.20, we don't have anything yet coming in from the board itself for the Commission at -large. RESOLUTION City of Miami Page 83 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Office of the City Clerk BC.22 11-00471 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Charles Pruett Commissioner Marc David Sarnoff 11-00466 WAB CCMemo.pdf 11-00466 WAB 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: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-11-0254 Priscilla A. Thompson (City Clerk): BC.21, we have the Waterfront Advisory Board. Commissioner Sarnoff.. I would reappoint -- Ms. Thompson: Commissioner Sarnoff. Commissioner Sarnoff.. -- Charles Pruett as my motion. Ms. Thompson: Charles Pruett. Chair Gort: It's been moved -- Commissioner Dunn: Second. Chair Gort: -- and second. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING THE MAYOR AND MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE -CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTED AS CHAIRPERSON: Commissioner Carollo of the Bayfront Park Management Trust City of Miami Page 84 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Commissioner Sarnoff of the Downtown Development Authority Commissioner Dunn II of the Commercial Solid Waste Management Advisory Committee Commissioner Suarez of the Midtown Community Redevelopment Agency Commissioner Sarnoff of the Omni Community Redevelopment Agency Commissioner Dunn II of the Southeast Overtown/Park West Community Redevelopment Agency APPOINTED AS VICE CHAIRPERSON: Commissioner Carollo of the Mayor's International Council Commissioner Gort of the Midtown Community Redevelopment Agency Commissioner Suarez of the Miami Sports and Exhibition Authority Commissioner Suarez of the Omni Community Redevelopment Agency Commissioner Suarez of the Southeast Overtown/Park West Community Redevelopment Agency APPOINTED AS MEMBER: Commissioner Dunn II of the Florida League of Cities Commissioner Suarez of the Greater Miami Convention and Visitors Bureau Commissioner Suarez of the Metropolitan Planning Organization (MPO) Commissioner Suarez of the Miami -Dade County League of Cities Commissioner Gort of the Miami -Dade County Tourist Development Council Commissioner Carollo of the Miami River Commission 11-00471 Commissioners as Members of Boards CCMemo.pdf 11-00471 History Commissioners as Board Members new.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 City of Miami Page 85 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 R-11-0255 Priscilla A. Thompson (City Clerk): And then lastly, Commissioners, as per the code, in June you all go through the process of making nominations and voting on appointments to certain boards where you sit as chair or either vice chair or either members. Those boards are listed in your agenda. We did send to all of you the historical appointments to those boards so that it is up to you if you want to consider those at this time. Commissioner Sarnoff.. I make a -- Chair Gort: Go ahead. Commissioner Sarnoff.. -- I'll make a motion to keep everybody just where they are. Commissioner Dunn: Second. Chair Gort: Okay. There's a motion and there's a second. All in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. Commissioner Sarnoff.. That's what I call progress. Commissioner Dunn: That's it. [Later..] Commissioner Suarez: I have one real quick, which is -- I promised to do this through my father's campaign when I was approached by a reporter, and what my promise was that because I'm a board member for the Metropolitan Planning Organization, appointed by this body, and because my father's an ex-officio member of that same board, meaning that he is automatically a member of the MPO (Metropolitan Planning Organization) and cannot resign as a member of the MPO, that I would bring up for discussion with our body, if they felt comfortable with me serving as the MPO member for the City ofMiami; if they felt that it was in any way a conflict or that couldn't perform the sunshine law obligations that requires and -- I would gladly resign and allow the board to appoint someone that they felt capable. Commissioner Sarnoff.. Here's my question. Chair Gort: Commissioner, my understanding is, a motion -- while the two of you were out of here, a motion was made by Commissioner Sarnoff and you're still on the same board. Commissioner Suarez: Thank you. I didn't know that. Commissioner Sarnoff.. And I just want to know, can you be your own man? Commissioner Suarez: Absolutely. I mean, I'm here to represent -- Commissioner Sarnoff.. Can you say no to your dad? Commissioner Suarez: -- this board. I think you know the answer to that question. Vice Chair Carollo: And obviously, you can't speak about any transportation issues that may come to the board with your dad. City ofMiami Page 86 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 DI.1 11-00396 Department of Finance DI.2 11-00480 Commissioner Suarez: Of course. Vice Chair Carollo: So you can't seek any advice for anything. Commissioner Suarez: Just like I can't speak to you all about matters that are going to come before this board. Vice Chair Carollo: Yeah. Commissioner Suarez: You guys are like family already to me too, so it's -- Chair Gort: Okay. Commissioner Dunn: I have no problem. Vice Chair Carollo: I don't have a problem. Actually -- but I still thank you for bringing that up to us 'cause, you know -- Commissioner Dunn: Thank you. Vice Chair Carollo: -- that's -- and you know -- and that directly, you know, says a lot, you know, and this is what this board says. Commissioner Dunn: Transparency. Vice Chair Carollo: You know -- exactly, transparency. And, you know, we -- exactly. And we speak to our colleagues and so forth and, you know, this is -- you know, so I commend you, Commissioner Suarez. Thank you. Chair Gort: Transparencia, so everybody can understand it. END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DISCUSSION ITEM FINANCIAL STATEMENT PRESENTATION BY THE EXTERNAL AUDITORS FOR THE YEAR ENDED SEPTEMBER 30, 2010. 11-00396 Summary Form.pdf Motion by Commissioner Sarnoff, 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 DI I was deferred to the Commission Meeting scheduled for June 23, 2011. DISCUSSION ITEM City of Miami Page 87 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Department of Building and Zoning DISCUSSION REGARDING THE SITE CERTIFICATION FOR THE TURKEY POINT PLANT UNITS 6 & 7 , THE OFFICIAL FPL PROPOSED CORRIDOR FOR THE TRANSMISSION LINE, THE SUBMITTAL OF THE REQUIRED AGENCY REPORT, LEGISLATIVE DIRECTION FOR THE PUBLIC SERVICE COMMISSION AND THE LEGISLATURE. 11-00480 Summary Form and Proposed Draft Legislation.pdf 11-00480-Submittal-City of Miami Agency Report on FPL Turkey Point Units 6 and 7 Project.pdf DISCUSSED Chair Gort: Okay. Now we go back to DI 2. Vice Chair Carollo: We're on PZ (Planning & Zoning), right? Chair Gort: No. Commissioner Sarnoff. No. Now we're back to DI.2. Chair Gort: DI 2. Vanessa Acosta (Assistant Director, Building): DI 2 is FPL (Florida Power & Light). Chair Gort: FPL. Commissioner Sarnoff. FPL. Vice Chair Carollo: Oh, gotcha. Victoria Mendez (Assistant City Attorney): Commissioners, this item has to do with the agency report for Florida Power & Light that needs to be filed by June 15. The agency report has the Administration's recommendations with regard to FPL's preferred corridor. The Administration is recommending denial of certification. And also if, for some reason, that denial is not accepted by the administrative law judge after of course we do all -- we litigate the matter and such, the City also prepares all of the conditions that the City would like to see regarding zoning regulations, trees, planning, of public works, and right-of-way issues and such. So that is -- what's here before you today is the acceptance of the Administration's agency report. Also before you are two other resolutions that you don't have to deal with today if you choose not to, but I wanted to propose -- and we've discussed it in the past -- that it has to do with asking the Public Service Commission to look at the way they assess rate payers in order to consider sharing the rates with all Floridians that deal with FPL and pay into FPL; for those projects that are more than ten miles and start with nuclear power plants so that undergrounding can be something -- undergrounding the power lines could be something that is shared between all the rate payers and that's a resolution that you can also entertain so that we can send it to the Dade League of Cities, the Legislature, and the Public Service Commission. And then the other resolution, which is a third resolution that's before you today, is to send also a resolution urging the Legislature to look at their Chapter 403 of Florida Statutes that has to do with the Power Plant Siting Act and to make sure that they look into undergrounding as an alternate corridor. We had discussed previously that other municipalities are doing alternate corridors, but undergrounding is not an alternate corridor. It's supposed to be a -- just something that's borne by the municipalities and something that we would have to do on our own. But in places such as Miami that is dense and built out, alternate corridors should be suggested for undergrounding. City of Miami Page 88 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 So those are the three resolutions you have before you; one, accepting the agency report, one about the Public Service Commission and rate sharing, and one about changing Florida Statute 403 to allow undergrounding to be considered an alternate corridor. The only one that we need to really truly discuss today is the one having to do with the agency report. The other two I brought before you for your consideration. Since session is going to be starting and committee meetings are going to be starting in September, I wanted the City to really have an opportunity to try and ramp up and try to actually change the statutes and such early. Chair Gort: As stated before, I want to make sure that the City -- andl stated before -- the growth ofMiami-Dade County is being at the expense of the City. Now two alternative cities -- andl don't want to go into this -- recommended alternative routes because they don't want to go in front of their cities, and so it's not in my backyard, but it's good in yours. The alternative routes that are recommended, I'm completely against it. I think we all voted against that because it goes to one of the most populated areas within the City ofMiami. Ms. Mendez: Yes. We made sure, after the last Commission meeting, that we discussed the fact that an alternate corridor, which is -- was similar to the other two cities. We withdrew our City's application with regard to an alternate corridor and now in the process on those alternate corridors, the City has an opportunity to opine and do an agency report as well with regard to those, and we will make sure that we vehemently oppose that -- Chair Gort: Well -- Ms. Mendez: -- those alternate corridors as well. Chair Gort: -- I don't know if you're aware, but residents within that corridor received letters stating -- Ms. Mendez: Yeah. Chair Gort: -- that that corridor -- so the amount of calls that I received from people asking what's going to happen -- Ms. Mendez: Yes. Chair Gort: -- is tremendous, so -- Ms. Mendez: As part of the public process, the cities, which are South Miami, Coral Gables, and I believe Pinecrest, they -- as a part of the Florida Statutes, they have to provide notice of their proposed alternate corridor, so they sent letters to all the affected homeowners and property owners within that area. So that is -- and that was due on June I was when they sent out all those letters and the notices and that's why you're receiving all those calls. Chair Gort: So we know where to forward those complaints to. Okay, thank you. Ms. Acosta: Gentlemen -- Chair Gort: Yes. Ms. Acosta: -- this agency report is a -- Chair Gort: And who are you? Ms. Acosta: Vanessa Acosta with Building and Zoning. City ofMiami Page 89 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Chair Gort: Okay. Ms. Acosta: -- was a draft report. We're trying to finalize input from all of the departments. The City ofMiami, as opposed to other cities, chose to in-house our report. So all of the departments are providing feedback and input and we're trying to finalize it before it's due to FPL. What we did maintain with consistency was the request of the Commission that we recommend denial vehemently, that this is not of interest to the City, that it go through us in this preferred corridor as FPL is proposing it. Ms. Mendez: The agency report that's before you today, it's substantially in the attached form is how it's going to be transmitted, but we still have to do minor edits on the formatting. And if we have any other last-minute things that we want to add that will strengthen our argument, we might do that as well. But there's only one paragraph that's in there twice; we have to remove that. But other than that, that is pretty much the meat and potatoes of all our conditions that we want to put forward. We also added in there Mayor Stoddard, who spoke -- of South Miami -- to you at the last time this came up. Had -- they had commissioned an excellent report on the economic impacts of these type of power lines in areas such as ours, and we made sure that we added that information as well. The other municipalities have been assisting. We've been trying to work mutually together in those areas that we can for now, and so that is where -- whenever we have information, we do share it as much as possible. So that was a great addition to our agency report with regard to the economic downfalls of these power lines. Commissioner Sarnoff. Could you show me where that is in the report? Ms. Mendez: I'm sorry? Commissioner Sarnoff. Can you show me where it is in the report? Ms. Mendez: His report? The -- in the attachments. Ms. Acosta: It was attached. Ms. Mendez: It's attached -- Ms. Acosta: It was attached to the agency report. Ms. Mendez: -- that I can -- I have it here. Commissioner Sarnoff. It's not referenced in your report? Ms. Mendez: Yes. We referenced it in -- Commissioner Sarnoff. Give me the paragraph and the page. Ms. Mendez: It should be on the first few pages. If you just give me one second. It is on page 1, which is the last paragraph. Not there, but right above it, the last bullet. We have to properly save the name of it, which is one of the minor edits because I didn't have it at the time that we were editing it. But that's where we show it as ExhibitA -- Commissioner Sarnoff. As exhibit -- Ms. Mendez: -- on page I. Commissioner Sarnoff. Where's ExhibitA? City ofMiami Page 90 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Ms. Acosta: It was attached. Ms. Mendez: If not, I have an extra copy, if you need it. Does he have it? If not, I could give him mine. Commissioner Sarnoff.. How wouldl know that's Exhibit A? Ms. Acosta: We didn't make it Exhibit A. That was one of the minor edits that we have to do to make it -- Commissioner Sarnoff.. Oh. Chair Gort: Speak in the mike, please. Commissioner Sarnoff.. Sorry. Ms. Acosta: Since we were working cooperatively with other municipalities and with all the departments, there are certain edits in terms of form and properly referencing different items that need to be better addressed. We just wanted to make sure that the Commission, prior to submission date, had the most complete document possible with all of the information attached. Commissioner Sarnoff.. And ifI were to highlight in this report any and all discussions about undergrounding the lines, where would l find that in the report? Ms. Acosta: The reality is that undergrounding the lines pursuant FPL's mandate is not an alternate corridor. We can request it as something that is the only way it will be feasible, but they will not consider it as an option. Commissioner Sarnoff.. So when you write on page 2, paragraph 4, variance of standards, the City requests that should the corridor proposed by FP&L go forward, that FP&L be required to underground and shield the transmission lines regardless of the cost. FP&L is entitled to reimbursement for construction expenditures as the lines benefit the entire estate. FP&L should be required to protect the electrical power for all residents of the state by ensuring -- then you go on and repeat that. Is that an undergrounding statement? Ms. Acosta: It is wishful thinking in part because currently, they're not allowed, pursuant their mandating body, to do it. It was the will of the Commission that we specifically express in our agency report that this was what our City wanted if we were going to be forced to have it go through. Ms. Mendez: We just wanted to make sure that we put it in there, that that is -- we will be helpful as much as possible with FPL if it is undergrounded, but of course, that's our request. Right now there isn't a mechanism. Commissioner Sarnoff.. Is it all right to continue? Chair Gort: Yes, go ahead. Commissioner Sarnoff.. Let -- I'm trying to -- your two other resos, which I actually like, which is -- I think heard you say Commissioners, you may want to pass a resolution number 2, which would be a nuclear power undergrounding that requires at any time you come off a nuclear power plant, that the transmission lines associated with that volume or that carry of load would be underground. Ms. Mendez: Right. City of Miami Page 91 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Commissioner Sarnoff. That's just our reso recommending that they do that. Ms. Mendez: Correct. Commissioner Sarnoff. And then the third reso is a reso asking the Florida Legislature to amend Florida Chapter 403, Power Plant Signing [sic] Act, by undergrounding as an alternative corridor. Ms. Mendez: Right. That would be to actually do as Ms. Acosta had suggested, that it would actually be considered an alternate route, that it could be -- that it could come through the process like it is coming through now for other alternate routes. Actually, it would be incorporated in the process and that's -- would have to be changed in the statute. Commissioner Sarnoff. Well, I like that. Where we are in this process, hasn't that train already left the station? Ms. Mendez: Well, this is -- right now with regard to trying to change process, I don't think -- right -- how can we say it? We're going to start session early next year, so -- I mean, the actual session. Committee reports, everything is -- I mean, now in September. So if for some reason the City ofMiami is able to get the ear of certain legislatures and -- legislators and actually effectuate some of this change, I think that we can in the meantime while we're going through this maybe be able to change the direction of how this is going. I know that it's wishful thinking, but I don't think it's something that's left the station. I think it's something that we can actually try and form. And we are also in a litigation posture, so when we start going to the certification hearings and such -- and there are also certain things that are being delayed with regard to deadlines -- we might coincide and actually get some things done, so -- Commissioner Sarnoff. But hasn't the alternate corridor time frame already run? Ms. Mendez: I think Alice wants to say something. But yes. Chair Gort: Alice -- I think she's trying very -- Yes. Alice Bravo (Director): Good afternoon. Alice Bravo, Capital Improvements Department. The state approval process is one element of this moving forward because the power lines are also a subset of the nuclear plant expansion, and that needs to be approved by the Federal Energy Regulatory Commission. For that federal agency to take an action, then that process also has to follow NEPA, National Environmental Policy Act. So you know, the technical considerations that have been put forth so far have to do with just physical construction restrictions. But involving the environmental aspect also brings in aesthetic impacts, community impacts, environmental impacts, which is a further level of analysis, and we do cite that in this document and that will be brought into the discussion as these other approvals go forward. So we make it quite clear that because of those environmental aesthetic impacts, the overhead lines are actually not feasible option within this corridor. Commissioner Sarnoff. So correct me if I'm wrong. I think you didn't answer my question, which is yes, Commissioner, the alternate corridor time frame to provide is over. However, ifI bring this up now, I might be able to stop the federal acceptance for federal approval -- Ms. Bravo: Right. Commissioner Sarnoff. -- of the Nuclear Power plant, thus doing away with the need for the large power lines overhead. City ofMiami Page 92 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Ms. Bravo: Right. Commissioner Sarnoff. Is that a correct statement of what you said? Ms. Bravo: Correct, and the fact that this is the corridor. How it is designed within that corridor is a subsequent step. Commissioner Sarnoff. The -- I understand they're going to do a NEPA study, and the NEPA study is for the power lines for the nuclear power plant. And know this is a chicken -or -egg analysis, which is if you don't build the nuclear power plant, you don't need the power lines. Correct? Ms. Bravo: Right. Chair Gort: Let me interrupt for a minute. My understanding, we asked the same question -- Commissioner Sarnoff. We got a different answer. Chair Gort: -- and we were told even if it's not built, we'll have the power lines. Commissioner Sarnoff. Because they wanted to harden -- Ms. Acosta: There is a -- Chair Gort: That was my understanding. And I'm getting confirmation from over there. Ms. Acosta: The reality is that this process has various outcomes. This now goes to an administrative law judge who renders an opinion and then the final say is the Cabinet. So what we attempted to do in our report was create enough doubt for the administrative law judge or maybe later the Cabinet to be able to say, slow down, stop, go back to the drawing board and figure out how this best suit the needs of the different areas which you're transecting. So even though it may have left the station already in some respects, we still have an administrative law judge and a state Cabinet who can turn around and say slow down; you're adversely affecting the population of one city more so than the rest to the detriment in both economic terms and potentially health terms. Wishful thinking. Commissioner Sarnoff. I almost called it ear candy. Right. Ms. Acosta: Willy Wonka. Commissioner Sarnoff. I think we're getting ear candy is what think we're getting. Ms. Acosta: The City gets it no matter what. FPL is going to put a corridor through us, no matter what. Commissioner Sarnoff. Yeah. It's just -- what is the best way for the corridor to be underground on US 1 or I should say adjacent to US 1 ? Ms. Acosta: We win the Powerball. Ms. Bravo: Well, this route that we're taking here laying out the factors for which the administrative law judge could consider making that a requirement, for that to be the feasible option within this corridor. Commissioner Sarnoff. So correct me if I'm wrong -- I mean, the route you're going is trying to City of Miami Page 93 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 win an appeal in front of an ALJ, administrative law judge. You're also going a route of trying to get your Legislature to do what FP&L is extremely good at doing, which is change the law, which good luck on that one, and the -- no. Ms. Bravo: The ALJ is not an appeal. It is an official part of the process in approving this action. Ms. Acosta: This is -- the ALJ is the first -- Ms. Mendez: The DOAH hearing, Department [sic] of Administrative Hearings. Ms. Bravo: They basically set the parameters for consideration of the Cabinet. Ms. Acosta: The Cabinet's the final say. They receive the recommendation of -- Commissioner Sarnoff. The ALJ? Ms. Acosta: Yeah. Ms. Bravo: So the ALJ is receiving all this information from FP&L and the various agencies -- Chair Gort: Yes, sir. Ms. Bravo: -- (UNINTET,TIGIBT,F) 5:17: 28 process. Johnny Martinez (Assistant City Manager/Chief of Infrastructure): Just want to add one little comment. I think we're speaking of a corridor almost like -- Commissioner Sarnoff. Need to go to federal court. Mr. Martinez: -- a little skinny line on a map. In actuality, it's all of the US 1 corridor. So whether you're above or under, it's still the same corridor, in my opinion. It's -- just because you're going underneath, it's not a different corridor. It's the same corridor; you're at a different plane. Ms. Bravo: Right. Mr. Martinez: And it's not just a little skinny line on a map. Chair Gort: No. Mr. Martinez: It's got the entire US 1 corridor. It's got -- I don't know. Ms. Bravo: The overhead and the underground is a design detail within that corridor. Commissioner Sarnoff. Well -- and the only reason I'm hedging on this is because we were told that the time and the place to discuss undergrounding wasn't now. And you know, I don't want to go on record in any respect or any shape or form -- I don't want to go on record suggesting in any way, shape, or form that I think it's a good idea to put power lines up and down US 1. On the other hand, I deferred to the other Commissioners on a NIMBY (not in my back yard) basis because it was going to go in someone's back yard. The proper thing to do, cost be damned -- andl could make a very good analysis that it's cheaper to go underground, but you'd have to factor in a couple of hurricanes, you'd have to factor in other criteria that I'm sure nobody wants to, but as you live life, life teaches you; things happen. You could -- you definitely want to go underground when you start building 520 lines. I mean, they're monsters. And the only place City of Miami Page 94 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 they really exist are in rural areas, andl don't know how Miami's being treated as rural area. It's just -- it'll be one of the first cities in its very central corridor to have such a power line, and that's something FP&L doesn't seem to want to be telling anyone else. I'd like for them to demonstrate one other city in Florida that has a power line of this volume that goes right down the heart of the city. They couldn't show you that. It's never happened before. But they treat Miami as it's a Third World country. Chair Gort: Okay. Ms. Acosta: So at this juncture we need for the Commissioners to give us direction with regards to the agency report recommending denial, the resolution with regards to that, and whether you'd like us to move forward with starting our processes with working with the Legislature and other departments on the criteria that exist. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. I'd move to approve the actions taken by the City. I'd also move to approve reso number two and I'd also move to approve reso number three. Commissioner Dunn: Second. Chair Gort: Okay, there's a motion by -- Priscilla A. Thompson (City Clerk): Okay. I'm sorry. I need to find out from the City Attorney, is that proper, that we're handling three separate resolutions? He's making three votes, three separate resolutions all at the same time, or should they not be handled separately? Commissioner Sarnoff. Well, I may not -- Ms. Mendez: Madam Clerk, what I'm going to do -- ifI may, Mr. Chair, can I read the two? Chair Gort: Go right ahead. Ms. Mendez: Okay. The first resolution that was moved by Commissioner Sarnoff. The Resolution was read by title into the public record by Assistant City Attorney Victoria Mendez. Chair Gort: Okay. You want a separate motion so you can -- all being brought up in one. Ms. Mendez: And the second motion is -- Chair Gort: Wait a minute. Ms. Mendez: Well, if we -- Chair Gort: The City Clerk -- Ms. Mendez: -- can do this one -- Chair Gort: Let's make a motion on the -- Ms. Mendez: It would be -- can we do this one first? City of Miami Page 95 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Chair Gort: Read it. Ms. Mendez: The one that I just read is the first one. Chair Gort: You want to do that one first. Okay, it was moved by Commissioner Sarnoff, second by Commissioner Dunn. Any discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Mendez: The second one was the -- Commissioner Sarnoff, just to be sure, is it the Chapter 403 one? Commissioner Sarnoff. Resolution is that any nuclear power -- any time -- when there's a nuclear power plant and the lines are coming off -- Ms. Thompson: I'm sorry. Commissioner, we're not recording you. Commissioner Sarnoff. Really. I thought my voice was so robust that it carried. Ms. Mendez: The one having to do with the Public Service Commission? Commissioner Sarnoff. Well, I understood it to be that any time -- it is a resolution to the Nuclear [sic] Power [sic] Service Commission that any time a nuclear power plant is sited, that the power coming from the nuclear power plant should be undergrounded. Ms. Mendez: That is a good resolution as well. The one that I had proposed is slightly different. But that one is a great resolution, so we could go -- Commissioner Sarnoff. Will it work as well as yours? Because if yours works better, I'll take yours. Ms. Mendez: The one that -- Commissioner Sarnoff. Author, author, author. Ms. Mendez: -- I had suggested is similar to yours, and what we could do is combine them. Commissioner Sarnoff. Go ahead. The Resolution was read by title into the public record by Assistant City Attorney Victoria Mendez. Ms. Mendez: That -- Commissioner Sarnoff. That's better than mine. But you might want to add to that where FP&L will allow power sharing to go on both north, south, east and west of that particular facility so that it gives it logical basis upon which to require that -- the cost sharing. I'll make that motion. Commissioner Dunn: Second. Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. City of Miami Page 96 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Commissioner Sarnoff.. Want to work on reso three together or you want to --? Author, I'll take yours. Ms. Mendez: The -- The Resolution was read by title into the public record by Assistant City Attorney Victoria Mendez. Commissioner Sarnoff.. Takes a city, not a village. Chair Gort: It's been -- Commissioner Sarnoff.. So moved. Chair Gort: -- moved by Commissioner Sarnoff, second by Commissioner Dunn. Any discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Chair Gort: Thank you. Ms. Mendez: Thank you, Commissioners. (DI.2) RESOLUTION 11-00480a (DI.2) 11-00480 b A RESOLUTION OF THE MIAMI CITY COMMISSION ADOPTING THE AGENCY REPORT PREPARED BY THE ADMINISTRATION OF THE CITY OF MIAMI AND THE RECOMMENDATIONS CONTAINED THEREIN, TO BE FILED BY THE CITY MANAGER AND CITY ATTORNEY IN THE MATTER OF FLORIDA POWER AND LIGHT COMPANY, TURKEY POINT UNITS 6 AND 7 POWER PLANT SITING APPLICATION, CASE NO. 09-003575EPP. 11-00480a-Submittal-City of Miami Agency Report on FPL Turkey Point Units 6 and 7 Project.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-11-0256 Note for the Record: Please refer to file number 11-00480 for minutes referencing this item. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THE PUBLIC SERVICE COMMISSION ("PSC") TO REVISIT ITS DECISIONS WHICH CALLED FOR THE COSTS ASSOCIATED WITH THE UNDERGROUNDING OF TRANSMISSION LINES TO BE PAID DIRECTLY BY THE MUNICIPALITY REQUESTING SUCH UNDERGROUNDING, AND FOR THE PSC TO CONSIDER A COST SHARING SCHEME AMONG ALL RATE PAYERS IN FLORIDA FOR UNDERGROUNDING TRANSMISSION LINES FOR SIGNIFICANT PROJECTS WITH MORE THAN 10 MILES OF City of Miami Page 97 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 (DI.2) 11-00480c TRANSMISSION LINES IN HIGHLY DENSE, URBAN AND BUILT OUT COMMUNITIES, BUT MOST PARTICULARLY, FOR THOSE PROJECTS RADIATING DIRECTLY OUT OF NUCLEAR FACILITIES OR IN THOSE PROJECTS ASSOCIATED WITH THE UPGRADE OF NUCLEAR FACILITIES; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE MIAMI-DADE DELEGATION, TO THE MIAMI-DADE LEAGUE OF CITIES, TO THE FLORIDA LEAGUE OF CITIES AND TO THE PUBLIC SERVICE COMMISSION. 11-00480b-Submittal-City of Miami Agency Report on FPL Turkey Point Units 6 and 7 Project.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-11-0257 Note for the Record: Please refer to file number 11-00480 for minutes referencing this item. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA LEGISLATURE TO AMEND FLORIDA STATUTE CHAPTER 403 TO ALLOW UNDERGROUNDING OF TRANSMISSION LINES TO BE CONSIDERED AN ALTERNATE CORRIDOR UNDER THE STATUTE IN ORDER TO AMELIORATE THE VISUAL BLIGHTAND ENVIRONMENTAL AND AESTHETIC IMPACTS IN HIGHLY DENSE, BUILT OUT, AND URBAN CITIES; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE MIAMI-DADE DELEGATION, TO THE MIAMI-DADE LEAGUE OF CITIES, TO THE FLORIDA LEAGUE OF CITIES AND TO THE PUBLIC SERVICE COMMISSION. 11-00480c-Submittal-City of Miami Agency Report on FPL Turkey Point Units 6 and 7 Project.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-11-0258 Note for the Record: Please refer to file number 11-00480 for minutes referencing this item. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS PZ.1 RESOLUTION 11-00318sc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A STREET City of Miami Page 98 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 LOCATED ALONG THE WEST SIDE OF NORTHEAST 2ND AVENUE BETWEEN NORTHEAST 38TH STREET AND NORTHEAST 39TH STREET, MIAMI, FLORIDA. 11-00318sc CC 06-09-11 Fact Sheet.pdf 11-00318sc PlanningAnalysis.pdf 11-00318sc Miami 21 Map.pdf 11-00318scAerial Map.pdf 11-00318sc Public Works Analysis. pdf 11-00318sc Public Works Letter.pdf 11-00318sc PZAB Reso.pdf 11-00318sc CC Application & Supporting Docs.pdf 11-00318sc Survey and Sketch.pdf 11-00318sc CC Legislation (Version 2).pdf 11-00318sc Exhibit A. pdf 11-00318sc-Submittal-PowerPoint Presentation. pdf LOCATION: Approximately along the West Side of NE 2nd Avenue between NE 38th Street and NE 39th Street [Commissioner Richard P. Dunn II - District 5] APPLICANT(S): Steven Gretenstein, Vice -President, on behalf of McCroy Design Associates (Del) LLC, Miami Avenue (Del) LLC and Dacra Miami (Del) LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial. PUBLIC WORKS DEPARTMENT: Recommended denial. PLAT & STREET COMMITTEE: Recommended denial on March 3, 2011 by a vote of 9-0. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with conditions, which failed, constituting a denial to City Commission on May 4, 2011 by a vote of 4-4. PURPOSE: This will allow for the vacation of right-of-way connecting NE 38th and NE 39th Streets midblock between NE 1st and 2nd Avenues, said right of way to revert back to corresponding property owners abutting it. Motion by Commissioner Dunn II, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0241 Chair Gort: PZ.3. Priscilla A. Thompson (City Clerk): PZ.1. PZ.3 was -- Francisco Garcia (Director, Planning): PZ.3 has actually been withdrawn. It was withdrawn earlier by the appellants. PZ.1 is the one item remaining in the PZ (Planning & Zoning) agenda, sir. Chair Gort: Oh, I thought it was -- PZ. 1 is the one that was -- I'm sorry. PZ.1. City of Miami Page 99 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Mr. Garcia: Yes, sir. PZ.1 is a resolution. It is actually a request for the closing, vacating, abandoning and discontinuing for public use the alley located between North Miami Avenue and Northeast Miami Court, in between Northeast 16th Street and Northeast 7th Street, Miami, Florida. Priscilla A. Thompson (City Clerk): Thank you. Mr. Garcia: I'm sorry. I'm reading item PZ.2. Would you -- are you intending to take up PZ.1? Ms. Thompson: Yes. Mr. Garcia: Because PZ.1 is the item that they are the applicants for. Vice Chair Carollo: Move it. Chair Gort: My understanding is we approved PZ.2. We're now on PZ.1. Mr. Garcia: My apologies, sir. Chair Gort: Okay. Commissioner Sarnoff. I second Commissioner Dunn's motion. Mr. Garcia: Yes, sir. PZ.1 then is a resolution -- it has -- has it already been moved? Commissioner Sarnoff. There you go. Commissioner Suarez: Yes. Mr. Garcia: Very well. I would -- Chair Gort: Wait a minute. Mr. Reshefsky: -- once again -- Chair Gort: PZ.1 has been -- motion by Commissioner Dunn, second by Commissioner Sarnoff. Open to the public hearings [sic]. Is anyone would like to address the Commission, PZ.1. Show none has come forward, so we close the public hearings [sic]. Any discussion among the board members? Being none, all in favor, state it by saying -- Mr. Garcia: IfI may, sir, there are about six conditions I do need to read into the record -- Chair Gort: Isn't that part of the record already? Mr. Garcia: -- with your indulgence. I'll be quick about it. They are important. Chair Gort: Okay. The motion is with the conditions that being in place by the -- Commissioner Sarnoff. Seconder accepts. I'm sure -- Commissioner Dunn: Second. Yes. Commissioner Sarnoff. -- Commissioner Dunn accepts. City ofMiami Page 100 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 PZ.2 11-00320ac Commissioner Dunn: Yes. Chair Gort: Go ahead, please. Commissioner Sarnoff. Being his lawyer today. Mr. Garcia: Thank you, sir. I will be quick about this. The conditions are as follows and they are set forth by the Fire Department for security reasons. Condition number one, the street shall not be closed until the start of construction of the new buildings; condition two, a comprehensive life -safety plan for the entire property shall be provided indicating the buildings within the block not owned by the owner as not a park; condition three, an interconnected sprinkler and stand pipe system for all owner buildings for the entire block; condition four, a single alarm system for all owner buildings for the entire block; condition five, water mane and hydrant improvements around the entire block in order to meet WASA (Water and Sewer Authority) and fire flow requirements for the construction; and condition six, access to the remnant portion of the closed street will be made available for emergency responses at all times in the form of a dedicated emergency lane. The lane may be blocked from all other vehicular access by a bollard or other similar system. With that, we recommend approval of the item. Chair Gort: Okay. The -- Commissioner Suarez: Aye. Chair Gort: That was part of the motion so that's included. All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Unidentified Speaker: Thank you. Commissioner Sarnoff. Brilliant argument. Chair Gort: Good speech. I mean, that was great. That was the best presentation I ever seen you do. That was great. Commissioner Sarnoff. I saved the day. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THE ALLEY LOCATED BETWEEN NORTH MIAMI AVENUE AND NORTHEAST MIAMI COURT AND BETWEEN NORTHEAST 16TH STREET AND NORTHEAST 17TH STREET, MIAMI, FLORIDA. City ofMiami Page 101 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 11-00320ac CC 06-09-11 Fact Sheet.pdf 11-00320ac Planning Analysis.pdf 11-00320ac Miami 21 Map.pdf 11-00320ac Aerial Map.pdf 11-00320ac Public Works Analysis. pdf 11-00320ac Public Works Letter.pdf 11-00320ac PZAB Reso.pdf 11-00320ac CC Application & Supporting Docs.pdf 11-00320ac CC Survey & Sketch.pdf 11-00320ac CC Legislation (Version 2).pdf 11-00320ac Exhibit A. pdf LOCATION: Approximately between North Miami Avenue and NE Miami Court and between NE 16th Street and NE 17th Street [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Ryan D, Bailine, Esquire, on behalf of Jersy Ltd., Filing Station Lofts, LLC and Federal Aviation Administration [FAA/United States of America] FINDING(S): PLANNING DEPARTMENT: Recommended approval with a condition*. PUBLIC WORKS DEPARTMENT: Recommended approval subject to a provision.* PLAT & STREET COMMITTEE: Recommended approval subject to a provision* on February 3, 2011 by a vote of 9-0. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with a condition* to City Commission on May 4, 2011 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow for the vacation of right-of-way connecting NE 16th and NE 17th Streets midblock between North Miami Avenue and NE Miami Court, said right of way to revert back to corresponding property owners abutting it. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0240 Chair Gort: PZ, Planning and Zoning. PZ.2. Maria J. Chiaro (Deputy City Attorney): PZ items shall proceed as follows. All those wishing to speak shall be sworn by the City Clerk. The staff will briefly describe their requests. Today the requests are both vacating public right-of-ways [sic]. The petitioner will then present the request. Members of the public will be permitted to speak, and the petitioner may ask questions of staff. The City ofMiami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action. The City Commission may accept documents that have not been part of the agenda materials at their discretion. Thank you. Chair Gort: Thank you. Will you swear in? City ofMiami Page 102 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Priscilla A. Thompson (City Clerk): Ladies and gentlemen, if you are here today and you're going to be speaking on any of the PZ items that are left, I do need you to please stand and raise your right hand so thatl can swear you in. The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Ms. Thompson: Thank you. [Later...] Chair Gort: PZ.2. Commissioner Suarez: Move it. I move it. Does anybody -- you want to talk about it? Do I have a second? Chair Gort: PZ.2 has been moved by Commissioner Suarez. Is there a second? Commissioner Sarnoff. Second. Vice Chair Carollo: Second. Chair Gort: Second. Any further discussion? Being none, all in favor -- Commissioner Suarez: Aye. Chair Gort: Yes. Wait a minute. Commissioner Sarnoff. Aye. Let's do PZ.1 -- Francisco Garcia (Director, Planning): IfI may -- Commissioner Sarnoff. -- while we're doing PZ.2. Chair Gort: No. PZ.1 was deferred. Commissioner Sarnoff. Oh. Mr. Garcia: IfI may, sir. Regarding PZ.2, can I request that the conditions that had been attached to the report be included in that motion? Chair Gort: Sure. Commissioner Suarez: Sure. Chair Gort: That's part of the motion. Vice Chair Carollo: Do we need to do a public hearing? Commissioner Suarez: You may want to open it up and close it to the public just for clean-up purposes. Chair Gort: PZ.2, anyone who would like to address the -- open up the public hearing for PZ.2. Anyone would like to address PZ.2? Being none, close the public hearings [sic]. Do the motion City of Miami Page 103 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 again. Commissioner Suarez: Move it. Vice Chair Carollo: Second. Chair Gort: Moved by Commissioner Suarez, second by Chairman Carollo. Commissioner Suarez: With -- Chair Gort: All in favor, state it by saying aye." The Commission (Collectively): Aye. PZ.3 RESOLUTION 07-01428x1 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY GRANTING OR DENYING AN EXCEPTION AS LISTED IN ARTICLE 4, TABLE 3, OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW AN ELEMENTARY AND MIDDLE SCHOOL FACILITY IN A CIVIC INSTITUTION (CI) TRANSECT ZONE FOR THE PROPERTY LOCATED AT APPROXIMATELY 2805 SOUTHWEST 32ND AVENUE, MIAMI, FLORIDA. 07-01428x1 CC 06-09-11 Fact Sheet.pdf 07-01428x1 Analysis 07-01428x1 Miami 21 Map.pdf 07-01428x1 Aerial Map.pdf 07-01428x1 PZAB Reso.pdf 07-01428x1 Application & Supporting Docs.pdf 07-01428x1 Plans.pdf 07-01428x1 CC Legislation (Version 3).pdf 07-01428x1 CC Legislation (Version 4).pdf 07-01428x1 ExhibitA.pdf 07-01428x1-Submittal-Letter From Juan Dalla Rizza Regarding Appeal.pdf LOCATION: Approximately 2805 SW 32nd Avenue [Commissioner Marc David Sarnoff- District 2] APPELLANT(S): Juan Dalla Rizza, Adjacent Property Owner APPLICANT(S): Iris Escarra, Esquire on behalf of Greater Miami Boys and Girls Club Foundation, Inc., a Florida Non -Profit Corporation, Owner and Mater Academy, Inc. a Florida Non -Profit Corporation, Lessee. FINDING(S): PLANNING DEPARTMENT: Denial of the appeal and approval with conditions* of the original request. PLANNING, ZONING AND APPEALS BOARD: Approved the Exception with conditions* on April 20, 2011. *See supporting documentation. City of Miami Page 104 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 PURPOSE: The approval of this appeal will not allow an elementary and middle school facility. Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Commissioner Sarnoff.. All right, let's go. Come on, we got PZ (Planning & Zoning). Chair Gort: Okay, PZ -- DI.2. Commissioner Sarnoff.. PZ.1. Commissioner Dunn: Oh, I'm sorry. We're not -- on the D -- Chair Gort: DI. 2. Commissioner Sarnoff.. DI. 2. What about the PZs? Chair Gort: FP&L (Florida Power & Light), where's the lawyer? Commissioner Sarnoff.. He went home? Tucker Gibbs: Mr. Chair, may ask you a question? Chair Gort: Yes. I'm in a good mood; go ahead. Mr. Gibbs: I'm -- good. I'm -- and this would probably make you in a better mood 'cause you won't have to hear from me. I'm here on PZ.3, and l just want to announce our withdrawal, and I just want to be able to be heard on the withdrawal of my item. Chair Gort: Okay, let me ask a question. Do you have to change any of the -- to go into PZ? Priscilla A. Thompson (City Clerk): No, sir. No, we don't. Chair Gort: Okay. Anyone that would like to withdraw any of the PZ items, please come forward now. Commissioner Sarnoff.. Come on, we're having a sale. Ten percent off. Mr. Gibbs: All right. Commissioner Sarnoff.. All right, 15 percent off right here, right now. Mr. Gibbs: The line starts here. Commissioner Sarnoff.. All appeals fees are reimbursable. Mr. Gibbs: Filene's basement? Oh, okay. My name is Tucker Gibbs. I'm here on PZ.3, andl represent Juan de la Rizza and his wife, Dorothy de la Rizza, who are the appellants in this matter, and we would like to withdraw our appeal. Thank you. Chair Gort: Okay. Thank you. Does anyone would like to -- this is a public hearing. Any -- close the public hearings [sic]. Do I have a motion? City of Miami Page 105 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Commissioner Suarez: So moved. Commissioner Dunn: Second. Chair Gort: It's been moved by Commissioner Suarez, second by Commissioner Dunn. All in favor, state it by saying iiye. " The Commission (Collectively): Aye. Commissioner Suarez: We don't have to do that, do we? Ms. Thompson: Yes. Commissioner Sarnoff. You do? You have to do -- Ms. Thompson: Yes. Chair Gort: She wants a motion for this? Commissioner Sarnoff. Yes, yes, yes. Commissioner Suarez: For them to withdraw? Ms. Thompson: Yes, yes, yes, yes. Commissioner Sarnoff. That's under Robert Rules? Ms. Thompson: Yes, yes, yes, yes. Thank you. Commissioner Sarnoff. A motion to withdraw? Chair Gort: Okay. Vice Chair Carollo: (UNINTET,TIGIBT,F) 4:58: 49 withdraw. Okay. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 CHAIRMAN WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 City of Miami Page 106 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 D2.1 11-00424 COMMISSIONER MARC DAVID SARNOFF DISCUSSION ITEM UPDATE ON THE PROGRESS FOR THE COMPLIANCE OF PUBLICLY ACCESSIBLE RIVERWALKS. 11-00424 Email - Publicly Accessible Riverwal ks.pdf DISCUSSED Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: I don't know if there's any other items in the agenda. I do have a pocket item. Chair Gort: Go right ahead. Vice Chair Carollo: IfI may, I need to put -- set up the computer, so I don't know if it's going to take a few minutes or so forth. I don't know if there's another -- Chair Gort: Yeah. I'm going to have to learn to do that for my presentation. Vice Chair Carollo: Quick. It's going to be short, trust me. It will be short. Chair Gort: Yeah, but I think -- Vice Chair Carollo: But I don't know if there's any other -- Chair Gort: -- it's good. Commissioner Dunn: I have a pocket item. Vice Chair Carollo: Yeah. Commissioner Sarnoff. I have one, too -- Commissioner Suarez: I have one small -- Commissioner Sarnoff. -- but go ahead. I'll yield. Commissioner Dunn: Let's go. Let's go, Heat. Chair Gort: Is that your pocket item? Commissioner Sarnoff. That's your pocket item. Commissioner Dunn: I heard something in the air. You heard that? Priscilla A. Thompson (City Clerk): Chair, just so I can call your attention, we do have the district items left -- Vice Chair Carollo: Right. City of Miami Page 107 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Ms. Thompson: -- on the agenda. Chair Gort: That's what we're doing now. We call them pocket item now. Ms. Thompson: Actually, the pocket items are different from the district. Commissioner Dunn: Can we -- what are you saying now? We're going to do with this now or just going --? Chair Gort: District item. What district item is missing? Commissioner Sarnoff.. I have a district item. Can I -- Chair Gort: District items. Commissioner Sarnoff.. -- proceed with mine? Chair Gort: Go ahead. Commissioner Sarnoff.. Mr. Toledo, my question to you is -- I'm not looking at you. I just happen to know you're the person that has the answers to this -- update on the progress for the compliance of the publicly accessible river walks. Orlando Toledo: Orlando Toledo, director of Building and Zoning. Commissioner, I went ahead andl appeared at the Waterfront Advisory Board. I also went ahead and attended the Greenway Subcommittee meetings in regards to the river. There is ten properties that presently exist that are either in the process of TCO (Temporary Certificate of Occupancy) or have been TCO'ed and are looking for their CO (Certificate of Occupancy). What the Administration has established as a guideline so that things that were passing -- things that were being approved in the past doesn't happen again is that we're going to have a team final inspection prior to CO. When I say a team final inspection, Building will be going out there at the same time as Planning, Code Enforcement, and Public Works. The four departments will actually go out there, sign it off at the same time to make sure that what was approved either through the process of a Class II or through the MUSP (Major Use Special Permit) gets done the way that was promised by the developer. And that's where it stands right now. Commissioner Sarnoff.. Well, I understand what you're going to do going forward, but there are ten properties right now that are out of compliance. And the idea behind the river walk was that you theoretically never had to get off the river walk and you can continue on it all across the City ofMiami. You can't do that presently. Mr. Toledo: No, you can't. Commissioner Sarnoff.. So tell me what the strategies are for the City ofMiami to complete the river walk. Mr. Toledo: In some instances, the river walk is completed because in many instances, instead of going through the Riverside, you'll have to go through the street side, in which is the greenway plan. What -- the reason why is because some properties have not actually been built. I mean, right now there is a connection between, let's say, Latitude and (INAUDIBLE) 5: 39:16. That connection exists, but it doesn't continue on because of the Metrorail Station, the day care, and what used to be the Big Fish. So that area, until it comes into -- foreseen that the economy gets better, those properties will be little by little built. On the other side where you have Wind and Mint, the issue there has been that Wind is done, but because Mint is in the process of City ofMiami Page 108 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 foreclosure, they did not build their river walk. That building is in foreclosure. They are presently not going to build it. All we could do is not give them a CO until such time that they do build what was promised back then. When you look at the river a little further north where Terraza's and River Oaks is at, same thing. River Oaks is divided by a presently condominium, which is maybe 40 years old. Until such time that condominium doesn't come down, you ain't going to be able to connect Terraza's with river walks. All could do presently is to make sure that prior to them getting COs is that at least their side gets built the way it was promised. Commissioner Sarnoff. Are there presently any District 2 properties that don't have proper river walks? Mr. Toledo: Yes, on the Wind side. Commissioner Sarnoff. On the Wind side. But not on the south side? Mr. Toledo: No. Commissioner Sarnoff. And Wind you said the only strategy there is -- Mr. Toledo: Hold them up to -- hold them for the CO. Sometime in the future, the bank is going to come in and I'm sure they're going to try to revive the project. At that time we're going to tell them, it ain't going to be phase III, it's going to be phase now. That's the only thing could do. Commissioner Sarnoff. And you're saying the City will never let this happen again? Mr. Toledo: No. Again, if the four departments, like we have all agreed go out there and do the in -- it will never happen again. Commissioner Sarnoff. Okay. Mr. Toledo: Not only that, Commissioner, also the process should be that as part of the conditions that we place on projects, it needs to say no TCO until such time that the river walk gets done. Then automatically, you will never have that problem again. Johnny Martinez (Assistant City Manager/Chief of Infrastructure): Orlando, weren't we going to look at -- Vice Chair Carollo: Thank you. Mr. Martinez: -- making it as part of a first phase instead of leaving it toward the end -- Mr. Toledo: Yes. Mr. Martinez: -- when they had the money? Mr. Toledo: Well, that's the reason why I'm saying. If it's part of that condition, there's no way -- if part of the condition is Building Department, you can add issue with TCO until the river walk is completed, that will be the end of people trying to leave it till the end. Commissioner Sarnoff. Thank you. END OF DISTRICT 2 DISTRICT 3 City of Miami Page 109 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 D4.1 11-00397 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM UPDATE ON CITY EFFORTS TO ADDRESS UNSAFE STRUCTURES AND VACANT/ABANDONED PROPERTIES. 11-00397 Email - Unsafe Structures Vacant Properties.pdf 11-00397-Submittal-Map Of Unsafe Structures Demolished By Owner Or City.pdf DISCUSSED Chair Gort: Commissioner Suarez, you had an item that -- like to bring it up? Commissioner Suarez: Thank you, Mr. Chairman. I think we have some members here from the Building Department and the City Manager's office who want to give us a briefing on the progress that they've made since the last time that we spoke about streamlining the demolition process. Actually, they show -- what they showed me was incredibly -- was incredible in terms of just how extensive the problem is, number one, and how much they were able to collapse the process. I mean, it was an incredible process. And they have charts that maybe some of you have seen that show what the process was before we started really looking at this in depth and what the process is now. And so I think they wanted to make a presentation to the Commission. They've really worked very, very hard, and you know, I'm very, very proud of the work that they've done, you know, Orlando, Johnny, and everyone who's come to the office. But I'd like for them to explain exactly how they've collapsed the process and what we expect in the next few weeks. Orlando Toledo: Orlando Toledo, director of Building and Zoning. What I'm going to do is just give you a small presentation and then I'm going to go ahead and hand it off to Mariano Fernandez -- I'm losing my voice -- to Mariano Fernandez, which is the Building Official, so that it shows exactly how the process has changed. As you can see in the map, we -- what we did was - - we're showing you exactly how many sites are out there, which is about 650 sites. In addition, with little stars we're showing you what has presently been demolished as of today. He's going to - - in his presentation, he's going to tell you how this process has changed from what it was to what we're doing now that if we open a case today, in 45 days we're going to demolish. Commissioner Suarez: Mr. Chairman. Chair Gort: Yes. Commissioner Suarez: Is it okay ifI interject from time to time? Chair Gort: Go ahead. Commissioner Suarez: I just have a quick question. When you say what has already been demolished as of -- in what period of time? City ofMiami Page 110 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Mr. Toledo: They -- in the pro -- since we began this process when you brought it up to Commission. Commissioner Suarez: Right. Mr. Toledo: In that time. Commissioner Suarez: In that -- so these stars that I'm seeing here on this map have been demolished since we first brought this item? Mr. Toledo: Some have been demolished by the City. Some have been demolished by -- Commissioner Suarez: The property -- Mr. Toledo: -- the property owners. Commissioner Suarez: -- owner themself [sic]. Okay. Mr. Toledo: Okay. So I'm going to just hand it off -- Commissioner Suarez: Okay. Mr. Toledo: -- to Mariano Fernandez. Mariano Fernandez (Assistant Director/Building Official): Mr. Chairman, Commissioners, we're here to present you and (UNINTELLIGIBLE) 3: 51: 38 to answer any questions you have. Chair Gort: And you are? Mr. Fernandez: Mariano Fernandez, Building Official, City ofMiami. Originally, we started the program taking 677 cases because they were, over the years, accumulated in the Building Department due to the lack of funds in the past years, but the Commission has assign some of the CDBG (Community Development Block Grant), NSP (Neighborhood Stabilization Program) funds available to the Building Department to try to implement a program and help some of the districts with all eyesore cases and abandoned buildings, due to the situation on the economics, that some of the owners cannot bring back to the normal condition. As part of that, we implemented a new program, at the direction of the City Manager, dividing the City into three different teams because we have a large city with a lot of cases. Andl have here the three captains of my teams, Rene Diaz, Ray Benitez, and Cedric Mar, who is the head of the section; that he needed some help and we provided two additional inspectors. We originally presented to you the 677 cases that they were open for the last ten years. And if you want, I can go by Commission districts so every Commissioner knows how many cases we had. The Chairman has 90 cases open. Mr. Sarnoff -- Commissioner Sarnoff, he had 172. You have a big district. Commissioner Carollo, you got 86 cases open. Commissioner Suarez, you have 90. And Commissioner Dunn, he now have 239 cases open. Unfortunately, the poor sectors in the City, they have a lot of cases. But I think it's in the benefit of the community and the City of Miami for us to implement the program and continue working. As part of that, we have been working diligently in the last two or three weeks, and the inspectors went and inspect one more time all these old cases because some of these cases, they have ten years or more in the books. We produce new set of pictures. And we determine in every district everything that we consider it was an emergency and thanks to the Law Department support and help -- all those who maybe don't agree with me, but -- we have proceed with all the cases that we think that we need to move immediately because of the neighbors or because of the unsanitary conditions, grants, therefore of the declaration under chapter ofMiami-Dade County, it's an emergency. In those cases we don't need to go in front of the Unsafe Structure Board because of the life safety condition that City ofMiami Page 111 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 exists. And in a common effort with all the departments, we have translated from six months to seven months that it was the old procedure that we have implemented in the City ofMiami to a 45 days from start to end, work with the cooperation of all the departments. We can bring any case of an unsafe structure to demolition effort and produce a lien or have the owner, if he doesn't want the City to make the demolition, to demolish it himself to clear the violations and the neighborhood. With that, Commissioner, we presented to you the first effort of the last three weeks. That's the little chart that we had passed to everybody where you can see in the first, I would say, month of effort we got 35 cases of demolition, total demolition. The 35 cases include too those that the property owner or the bank had decided to demolish themselves. The reason that they decide to move is because, like I explain before, if the City go ahead and demolish the property, incurs some expenses that by Chapter 8, we entitled to recover and we're going to lien the property. So it's in the best interest in some of the owners to go ahead and proceed directly. With that, Commissioner, I would like to come back to you to another Commission meeting and bring you an updated on how we're doing. I calculate that in approximately two months we're going to get all these cases off the books either by the owners or because the owners have decided finally to pull the necessary permits and bring the houses to a normal livable condition, which, with that, we remove the unsafe structure cases or we can clean the site. Chair Gort: Thank you. Mr. Fernandez: You're welcome. Chair Gort: Thank you. Commissioner Suarez: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Suarez: Thank you, Mr. Fernandez. I really commend your efforts on this initiative and on, you know, really listening to what this Commission had to say. Can you -- do you have, by any chance, that chart that you showed me that had the process as it was --? You explained that it went from a seven -month process to a forty five-day process. You don't have, by any chance, that --? Mr. Fernandez: Yes, sir, I have it. Commissioner Suarez: Okay. The other thing wanted to say -- I wanted to put out there was -- andl told you this privately in our briefings. But if either District 2 or District 5, if it comes to a point where they run out of money and we have -- andl have money left over from -- after demolishing my 90, I'm willing to help to get them down, the ones -- you know, all of them down in those areas because I think it's part of what we're trying to do here, which is, you know -- first of all, every neighborhood should be treated the same way. And we know that in those areas in particular crime is becoming centered around those properties, and I've seen it firsthand. And part of the reason why I got so passionate about this initiative is because I saw it firsthand in some of those districts, which are not my district. So I just want to put that on the record for the other Commissioners to know. Commissioner Dunn: Well, if I may, I want to say thank you and God bless you and God bless America. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I have a question. Can you define open cases? City ofMiami Page 112 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Mr. Fernandez: Okay. Open cases is any violation that we receive a complaint either by referral from another department, from the County, or from the 311, or any inspector, or any open permit that gets expired automatically under Chapter 8 is considered an open unsafe structure case. We give then the owner the opportunity to comply, giving them 90 days, then we issue a second letter giving them another additional 90 days. And if they do not comply, we bring it in front of the Miami -Dade County Unsafe Structure Board for a demolition or repair final notice. Vice Chair Carollo: And open cases is anywhere within that process? So -- Mr. Fernandez: That's correct. Vice Chair Carollo: -- let's say like in Commissioner Suarez's district, he's got 90; I have, I think you said, 86. Those 86 doesn't mean that we're going to tear those homes down or so forth. Mr. Fernandez: That's -- Vice Chair Carollo: They could be somewhere in that process. Mr. Fernandez: That's correct, Commissioner. Vice Chair Carollo: It could actually, you know, end up being, you know, a lot less that we tear down. I just, you know, reached out to my staff and they said that you brought the 86 today to my office. Is that correct? Mr. Fernandez: That's correct. Vice Chair Carollo: Okay, so I have to review it and so forth. And what you brought is you brought the locations and so forth. Did you also provide how was that obtained? Was it through 311? Was it through --? Mr. Fernandez: We have been trying -- because we received a call from your office requesting that information -- Vice Chair Carollo: Right. Mr. Fernandez: -- to determine that. But the 311, 99 percent of the calls are considered anonymous and we don't get the source. But we're going to try to identify and give you a percentage on how many came through the 311 call, how many are from the business system in the computer where the permit gets filed. We're going to provide it to your office, sir. Vice Chair Carollo: Yeah. And I'm sorry. I always -- I want to make sure those 86 are solid and where are they in the process and so forth. And you know, again, I'm just -- I want to make sure I do my due diligence, you know, to make sure, you know, that -- Mr. Fernandez: I understand. Vice Chair Carollo: -- there are solid 86 or whatever they are. And it's not that, you know, we're going to tear down 86 homes or 86, you know, structures; that they are somewhere in the process and maybe, you know, the owners do pay up or whatever it takes. I just want -- I just -- you know, 'cause that -- I don't want to say if it's higher or not, but at the same time, I want to make sure I do my due diligence. Mr. Fernandez: Commissioner, you have our commitment that we do our due diligence and we City of Miami Page 113 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 give every single owner and every single mortgage bank every single opportunity in the book and additional opportunities try to make it comply because we're not here in the business to remove houses. Vice Chair Carollo: Exactly. Commissioner Suarez: Yeah. Chair Gort: Thank you. Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. Yeah, and l think it's a good point and l think it's something good to know that 80 percent of the properties that have been demolished in the last -- since we've started talking about this have been demolished by the property owner themself [sic]. Mr. Fernandez: That's correct. Commissioner Suarez: And so I think you have those two factors. If you are being aggressive about notification and if you are being aggressive about -- and if you're also giving the impression that hey, if you're -- if you are -- if you're not diligent as an owner and if you think we're not going to do it, we will do it if we have to do it. And so the message has to also get out to the community that if you don't take care of your property and you let your property get into a serious state of disrepair, it will be demolished by the City if it has to. Right now it's only 20 percent of the actual properties that so far have been demolished but, you know, it will happen and that message will be sent. Andl think that's another part of the issue here. Chair Gort: Yes, sir. Commissioner Sarnoff. First, I want to thank Commissioner Suarez for bringing this to -- to frame the issue so that the issue became such that the City could start to understand how it could start dealing with this. I think there's no better use of NSP money, which is neighborhood stabilization money, than to see your neighborhood stabilized by three fourths -- or better than that -- let's say 89, 100 per -- 95 percent of the people paying their property taxes, paying their mortgage, and then there's this house that sits there either partially vacant, partially abandoned; people living there, people not living there. Because nothing more you can do for a neighborhood than to say, you know, this particular structure needs to be removed and this -- the people that are coming in -- the element that's coming in and squatting, or whatever you want to call it, is equally removed. So from that perspective, I think it's great. I think all the inspectors should get the Zerry. Everybody knows what the Zerry is. That's that highest award the honor the City can give. Of course, I'm making this up as I go along. But I really want to thank you guys for doing what we thought was an insurmountable job because when I first came on the Commission and we had created this special assessment situation, it was going nowhere. Andl think -- I don't think we're there yet 'cause I'm not sure we're specially assessing. But it's something that we need to be looking at in great detail. Every time that you are doing a property owner's function, there should be a consideration put to we should be special assessing this property so we recap whatever it is we're doing that that property owner should be doing, inclusive of removing the home if need be. And Madam City Attorney, I just want to say to you, I continue to be the person that brings you the most work, as we have two injunctions against the houses that we want to bring down in District 2. Andl just ask you to bear in mind when you go in front of these judges that the lawyers who made representations to you three years ago that -- or four years ago that something was going to happen and it never happened, that that judge be made fully aware of the misrepresentation and/or lie that that attorney made on behalf of his client so that the judge is well aware of the facts and circumstances of each of these respective houses where they have granted an injunction. City of Miami Page 114 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Commissioner Suarez: Mr. Chairman. Victoria Mendez (Assistant City Attorney): Yes. Chair Gort: Yes, sir. Ms. Mendez: Yes, Commissioner. Commissioner Suarez: No. I was going to say that he made a very good point -- Commissioner Sarnoff made a very good point about the use of NSP dollars. And NSP is a stimulus -- they're stimulus dollars and they're given to us -- they were given to us for two years, maybe three years. And they're probably not going to continue to be given to us. And again, this is a problem. And this kind of goes also to Commissioner -- Vice Chairman Carollo's comments, which is we expect that this is going to be a somewhat temporary problem, to a certain extent. In other words, the market will solve a lot of this as the economy improves. We expect the market to solve a lot of this problem. But there are certain pockets of our city that are plagued with abandoned buildings and abandoned homes and it becomes a haven, whereas in maybe my district, it's unsightly and it can be a haven for some illegal activity. In other districts it becomes extremely dangerous. Vice Chair Carollo: Crack houses. Commissioner Suarez: Yeah. It becomes very, very dan -- And there are some that -- I think there was one in particular in District 5 that was next to a school. Mr. Fernandez: Yes. That's correct. We have two schools, one Commissioner Dunn brought, that it needs to be demolished because it's being used as a crack house behind the school. Commissioner Suarez: Exactly. Chair Gort: Let me tell you. First of all, I want to thank all of you because this is teamwork and this is what we need to do through all the departments within the City ofMiami. We had a problem where we had a process that took about 45 to 50 steps. We brought it down to maybe 15 to 20 being accomplished at the same time. I think that's very important, all of us working as a team. At the same time, abandoned homes, unfortunate because of the situation within, a lot of the mortgage holders of the banks don't want to deal with it because it's bad asset in their accounts. They don't want to deal with them financially so when they -- because they believe they can get away. They don't have to do anything. Since we started doing the work and putting fine into it and -- I think they realize they need to do it. It's going to be cheaper if they do it themself [sic] than if we do it. And let's face it, I think we should also look -- like there's a place within your district, but I'm sure you have noticed and you -- on 17th Avenue, right next where the new stadium's being built, a duplex there has being taken apart. I don't know where that process is at, but I think that's one because I go through there every day, every morning. That one's got to come down as soon as possible. And with your permission, if you don't mind me bringing that up, because I hate to see it every morning when I drive by. But once again, thank all of you for the work you're doing, working as a team. Community Development is going to provide all the funds necessary to do the -- these events. Thank you all. Ms. Mendez: Commissioners, ifI could just bring one point to your attention, and I'm sure some of you know, with regards to unsafe structures and the foreclosure process and banks. What's happening is because of funding that is being either withheld from the court system or funding that is played with and allocated sometimes and not with regard to foreclosures, right now foreclosures are taking even longer because there isn't enough judges, staff and everything to assist with that. If the foreclosures take long, it takes longer for the banks to -- because what they -- banks have been doing -- or at least the bank attorneys have been saying is oh, this case City ofMiami Page 115 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 has been tied up in foreclosure for so long, we haven't been able to address this matter. The -- we can't get a hearing. We can't get a date. So now that session is going to ramp up again in the Legislature earlier with committee meetings happening in September, I think that this Commission should also try and make sure that South Florida, especially Miami -Dade County, gets as much funding with reference to their courts as possible because, if not, we're the ones that get hurt, especially when it comes to unsafe structures. So it's just something to keep in mind now for -- Commissioner Suarez: Mr. Chairman. Chair Gort: Yes. Commissioner Suarez: Andl think that actually reminds me of another issue that we were discussing in our briefings, which had to do with us potentially selling the liens once they are placed and imposed so that we can essentially relieve ourselves of the delay and the expense of having to prosecute these liens, andl know it's something that has been -- you all have been working on. I'm assuming we'd have to sell them at some sort of a discount because why would anybody pay 100 percent when that's where their profit is? But that's how tax liens are sold. That's how properties are sold in foreclosure. And if -- it would obviously be -- could be an auction just like it is, you know, for tax liens. It could be an auction of special assessment liens where people get to bid on our special assessment liens. We get the cash so it doesn't drain our cash. And then they can go, you know, through the legal process which could take months or even years, as you've mentioned. And obviously, you know -- obviously to the extent that we can get more funding for the court system, it's great. But you know, we have to, you know, do what we can to make sure that our cash flow is in its best position as well, even though these are restricted funds and NSP funds, et cetera, but then they allow us to continue to do, you know, the work, continue to stabilize our neighborhoods. Ms. Mendez: Actually, Commissioner Sarnoff did research with regard to the special assessments, and we've been following up and it looks like it is a viable process. The only thing is that in-house with the Administration, we -- our office and the Administration needs to see how this could come to fruition, but it's something that we are definitely looking into. Commissioner Suarez: Thank you. Commissioner Sarnoff.. Commissioner, we could -- Chair Gort: Thank you. Commissioner Sarnoff.. -- sell the special assessment liens and you would see more money flowing to us than you would know what to do with, but we have to get an entrepreneurial idea behind us. And they are better than buying tax deeds because it's a one-year redemption and the ability to move quickly. We think you could sell them above par value because that's how fast they'll move. And we've been contacted by two hedge fund managers that are interested in buying all of our special assessments. What we've got to do -- I was going to bring this up as a pocket item. I was told by our director of -- I guess it's director of Code Enforcement -- that their computer doesn't have a section for special assessments and they're not special assessing. Ms. Mendez: The Code Enforcement liens are not special assessment liens. However -- Commissioner Sarnoff.. Some of them can be. Ms. Mendez: Right. The ones that we start through the Code Enforcement process, like for instance, the lot clearing liens, vacant, opened and abandoned property registration, and a couple of other liens that we've described that start through the Code Enforcement process, what City of Miami Page 116 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 we have been doing is the Code Enforcement process starts and simultaneously we send out notice for them to come into compliance, either clear the lots or fix the property or register the property. If they don't do that and the City has to go out and do something, then a separate lien is created. So it comes out of a process. We don't consider it a Code Enforcement lien because then we wouldn't be able to call it a special assessment lien. A process -- a separate process has been created to provide for the notice and everything and those are a separate portfolio of liens. Commissioner Sarnoff.. Who's in charge of that process? Ms. Mendez: In -- well -- Commissioner Sarnoff.. Special assessment. Who's in charge of the special assessment process? Ms. Mendez: The special assessments, right now Code Enforcement is doing the Code enforcement part; and then the liens that get, I think Code Enforcement is still the one that is addressing that; and then Hearing Boards records the liens, which is what's always been the case. Commissioner Sarnoff.. If -- look, I was going to bring a pocket item. It's right on this subject. And we continuously -- anybody been down Bird Road and you see the ex -car lot, I guess it's called, where they used to sell cars and it's completely graffitied and it's entering into the Gables, and we are out there continuously lot clearing. We're out there continuously painting, taking out the graffiti. To me, when you've done it five, six, seven times, you might want to try something else. Because you know what the definition of insanity is? Okay. So why don't you consider special assessing that property? That is valuable property. That is property that someday somebody's going to say you got 2, $3, 000 of special assessments, I'll buy them. I'll give you 5,000 thousand for them. Why? Because I prime the bank. And the bank's going to have to take me out at my bid, and the bank may not do it, and this guy's going to start assembling parcels on Bird Road. And guess where Bird Road parcels are? Pretty valuable. Chair Gort: Yes. Mr. Toledo: Well, the last thing want to add so for your information, one of the things you need to remember, if the property is considered historical, then we cannot use federal money. And it's just as an information. Because there will be instances in which we can't knock it down because we don't have the funding, and the reason is it's historical, so that's really the last comment. Chair Gort: Thank you. Thank you, all. END OF DISTRICT 4 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II D5.1 DISCUSSION ITEM 11-00481 DISCUSSION REGARDING MIAMI DREAM HOMES INVESTMENT GROUP, INC., REGARDING THE AFFORDABLE HOUSING PROJECT CONSISTING OF SEVEN (7) UNITS FOR LOW INCOME PERSONS LOCATED AT 1525 NW 60TH STREET. 11-00481 Email - Miami Dream Homes Investment Group, Inc.pdf INDEFINITELY DEFERRED City of Miami Page 117 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Chair Gort: Any other pocket items? Commissioner Dunn: Mr. Chairman, yes. I'm going to defer D5.1. But D5.2, we have some representatives from Bayside Foundation. Since the new composition, I want to give a brief activity report regarding its loan and scholarship program. But I will defer the Miami Dream Homes Investment Group project. Priscilla A. Thompson (City Clerk): Chair, may I -- I'm sorry. Commissioner, you're deferring that D5.1. Do you have a date certain or --? Commissioner Dunn: Indefinite. Ms. Thompson: Thank you. D5.2 DISCUSSION ITEM 11-00482 BRIEF ACTIVITY REPORT FROM THE BOARD MEMBERS OF THE MIAMI BAYSIDE FOUNDATION, SINCE ITS NEW COMPOSITION, REGARDING ITS LOAN AND SCHOLARSHIP PROGRAMS. 11-00482 Email -Activity Report - Miami Bayside Foundation.pdf 11-00482-Submittal-Miami Bayside Foundation.pdf DISCUSSED Bob Powers: Good evening, everyone. My name is Bob Powers, and I'm the chair of the Miami Bayside Foundation. I want to thank you very much for allowing us to speak to you and bring you up-to-date on this foundation. It's actually -- one of the reasons to talk to you about this is that we want to just remind the City that we are a tool and we want to remind all the rest ofyou in your different Commission districts that we serve you for small businesses and small loans to small businesses, so that's really our -- that's what we're supposed to do. I took over the chairmanship a year ago in June. The Foundation had been in business for 23 years. It gave out two loans in 23 years. And we took over the Foundation. And of course, we've given out four loans in that first year. We essentially rewrote everything, and we are here to better serve the community, the City ofMiami. That's all can tell you. I do have --I have my educational chair, who's Nathan Kurland, and also have -- from my loan committee, I have Ms. Correa, who's going to speak to you about the loans so that you'll know what loans we put out and who they went to and what -- 'cause we've also -- yeah, because we've done a bunch of stuff, and really -- well, you know that, Commissioner Dunn. We've done a lot of things. So the thing is is that even though I'm the chair, really it was left up to the different chairs of the different committees to undertake and do what they needed to do, and must tell you that they did a remarkable, stellar job. Andl will also tell you that it is an entirely volunteer organization. So all the people that you guys supported and gave us then were able to take the raw material and create really something that's worked very well, and -- so without further ado, I'm going to turn it over to Nathan and he's going to talk to you about the educational committee, and then Ms. Correa will come up and talk to you about the loan and what we 've been doing with the loans. So without further ado, Nathan, it's all yours. Nathan Kurland: Thank you. Nathan Kurland 3132 Day Avenue. I started this day with you, Commissioners, and it seems appropriate that can end the day on something exceedingly positive for all of us, for you as Commissioners and for us as citizens and for the recipients of the scholarship and loan and programs that are offered by Miami Bayside Foundation. A very, very quick recap 'cause I know you are all very tired, as am I We reinvigorated our scholarship endowment at Miami Dade College, which has now reached over $1 million. We gave away the first nine scholarships this term. And for the next however many years, $50, 000 a year, 25 per term will be given away to citizens, Miami -- City ofMiami resident minorities. This foundation City ofMiami Page 118 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 only serves City ofMiami resident minorities. So with Miami Dade College intact, we then turned our attention to programming. We partnered with a group called SCORE (Counselors to America's Small Business), which is a very, very active group that has professionals in almost every aspect of how to begin and finance and keep a business -- a small business running. They offer over 20 programs per month, and programs are free to people who apply through the Miami Bayside Foundation. We will on Monday -- and we have extended in each -- an invitation to each and every one of you. We'll be endowing a scholarship at FIU (Florida International University). On Monday at 3: 30 at Bayside Marketplace, president Rosenberg will be there to accept our check for an endowment for two separate scholarships; one a general endowment and the other is for first -generation initiative scholarships, which awards scholarships to children of first generation. Finally, we are in discussions with FMU (Florida Memorial University). We had the honor of having a lunch with Dr. Lewis at FMU. Hopefully by next year we will establish a program there to again create an endowment for citizens ofMiami minorities to further their education. Education empowers and we can't think of a better way to keep that going. Thank you. Chair Gort: Thank you. Josie Correa: Good afternoon. Josie Correa. And actually, I wanted to take this opportunity to introduce some of the other board members that we have here: Mr. Cisneros, Pam Weller, and Maria Korge. Actually, I'm not on the loan committee, but I'm the treasurer of the Foundation. And like Bob said, we started about a year ago looking to make sure that we redid the whole Foundation from the bottom up. We've got an investment policy. We're looking at investing 33 percent of the monies that we found that we have that have been collected over the past couple of years. And in regards to the loans, although I'm not on the loan committee, we've given out four loans. The first one was to The Stage in the Design District. We also gave one to Panther Coffee in Wynwood, Avenue D, in downtown Miami, and Doors in the Upper Eastside section ofMiami. Obviously, this is open to any type of businesses in the City ofMiami so we would like to encourage you to send people our way. We have an office in downtown Miami. We meet with applicants, then we refer them to SCORE. And then we have a very good loan committee made up of different members of the community. There are bankers that are CPAs (Certified Public Accountants) and they're able to really look and do their due diligence and make sure that those loans are being given out to good applicants and that we're doing the right thing. So we really come a long way. And we just want to let you know that we're available there to give out loans to the people in your districts, and so feel free to send them our way. Thank you very much. And I know you all received this. Nathan passed this out a couple of days ago to each one of your offices. We also have a great web site, which is wwwmiamibaysidefoundation [sic]. org, and you can go and download the applicant right online. And we're, you know, at the disposal of your residents. Commissioner Dunn: Yes. One question. Very -- I'm very pleased with it. I'm looking at number five as one of the criterias [sic] of the organization; must be a for profit corporation, no sole proprietorships. I just wanted to know why the sole -- why that was inserted in there. That's just a question. Mr. Powers: That, to answer your question, is part of our bylaws and it's also part of the initial Foundation that was set up in 1988 -- Commissioner Dunn: Okay. So it -- Mr. Powers: -- by the City Commission. Chair Gort: Got to speak in the mike, please, sir. Mr. Powers: Beg your pardon? Oh, did -- okay. City ofMiami Page 119 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Chair Gort: You got to speak in the mike. Mr. Powers: It's actually the way that the -- how it was written initially in 1988. So what I think they don't want the money going to is to an individual. They need it to go to a corporation or a company, and they -- and that's one of the reasons why they did it like that. Commissioner Dunn: Yeah. And then I don't want to get technical. I just -- but only thing was just questioning if it is a corporation that has a sole owner, then that's -- see, and that's -- that could create a problem. That could -- 'cause in District 5, most of the businesses are solely owned but under a corporate umbrella, so I'm -- that's what I'm -- I had a question -- concern about. That's -- Mr. Powers: Well, you know, I can't answer that for you. I don't sit on that loan committee. I can tell you that CAMACOL (Latin Chamber of Commerce), Lewis -- Chair Gort: Cuervo. Mr. Powers: -- Cuervo and -- I mean, we have some very educated people who sit on that board. Commissioner Dunn: You know, I'm familiar. I'm just -- just a question 'cause I don't want anybody to be precluded because of that, andl know that's in the bylaws, but I just want us to take a look at that. Ms. Correa: I think that's more in the status of the corporation, what's considered a sole proprietorship. But some of these businesses that are corporations that we have funded, maybe there is only one owner, but it's not considered a sole proprietor. They have a corporation and they've established a corporation -- Chair Gort: Corporation. Commissioner Dunn: Okay. Well, that's -- Ms. Correa: -- which is the business. Commissioner Dunn: Okay. Got it. I got it. Ms. Correa: I see where it could be confusing. Commissioner Dunn: You understand what, though -- it -- Ms. Correa: But it's a different status in terms of how you classify that business. But it actually is a corporation, even if it only has one member. There could be a corporation which is the business. Commissioner Dunn: Okay. And -- Ms. Correa: I guess what it was trying to say maybe was no individuals. Commissioner Dunn: Understood, understood. But I'd like at some point -- I know I've -- my staff person -- chief of staff been meeting just to kind of get updated and maybe we can set up a meeting just so I -- but I appreciate the hard work that you've put in. I really do. Mr. Powers: And you know how much work went into this. City of Miami Page 120 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Commissioner Dunn: Yes. Mr. Powers: I know you personally know how much. Commissioner Dunn: I know. Mr. Powers: Do we have any other questions? Chair Gort: First of all, I'd like to thank you. I think that all the time that I've been here, the first time I have the board come here and give us a report, so I want to thank you very much. I know there was a lot of funds that were going through you all. A lot of thing -- good things they're supposed to be doing, the foundation, but unfortunate, I think in the past you all had some problems and I'm glad you have taken care of it. Thank you. Mr. Powers: Thank you. It's our -- we serve at your pleasure. Chair Gort: Any questions for any --? Yes. Commissioner Sarnoff. No. I just want to take my hat off to you guys. You had a really tough job to do because you had to find the money, you had to locate the books, you had to look for what was going on. And for 20 years nobody asked a question -- Commissioner Suarez: It's unbelievable. Commissioner Sarnoff. -- nobody asked what was going on, nobody took it upon themselves. And Bob, you're a wrecking ball, but this time you wrecked the ball the right way. Commissioner Suarez: Mr. Chairman, ifI may? Mr. Powers: Well, we found $1.6 million of your money and -- Chair Gort: That's right. Mr. Powers: -- also of Ms. Weller's money because that's where, you know, our funding -- I have to -- you know, the other thing that -- ifI -- if we're going recognize people, I really need to recognize Pam Weller, because you know what, without her -- as much as my tenacity, as much as -- with her tenacity and not only that, her singleness of purpose, for lack of a better word, really kind of kept everything on focus and like kept us going where we needed to go, andl really have to recog -- because any time that we've needed something or come up -- you know, where we needed some help, Pam was there to help us, and I'm so glad that she's my co-chair on this. So you know, I -- you know, I have -- listen, you're really put together and you allowed us to really assemble. Andl asked you all about a -- nine months ago to just give us some time to let us put this all together and get it up and running before you started asking too many questions and we appreciate that. So thank you very much, gentlemen. Commissioner Suarez: Mr. Chairman, ifI may? Chair Gort: Commissioner Suarez. Commissioner Suarez: You want to go? Commissioner Dunn: Okay. I just want to thank you, as well, all of you. You know, I was there in the very beginning. But I do want to state for the record that it's because of this collective Commission -- because I was informed prior to my being in this seat, that the District 5 Commissioner did ask questions in the past, so -- but it was because of the concerted effort of all City of Miami Page 121 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 NON AGENDA ITEMS NA.1 11-00507 of us here that empowered you to go forward. And I -- and certainly, I want to thank my colleagues and thank you for the wonderful job. Mr. Powers: Thank you. Chair Gort: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. I really, really think this is one of the best boards now in the City ofMiami. And you have turned around an agency that can do a lot of good and you did it in a very difficult way because a lot of times you don't -- as a board, you don't want to challenge the executive director of your agency, you don't want to rock the boat. But you know, one of the things that makes this board so special is that every single member that I've seen here and the ones that I've appointed and the ones that have constantly communicated have not accepted the past practices of the way things were being done and have been dogged in their pursuit of putting these -- finding these funds and then putting them to good use . So I just want to commend you all and thank you for being persistent. Mr. Powers: Thank you. Chair Gort: Let me tell you, I had Pablo come into my office just about every other day getting information. Mr. Powers: Thank you, gentlemen. Thank you. Julie O. Bru (City Attorney): Mr. Chair. Commissioner Sarnoff.. That's it, right? Commissioner Dunn: That's it. END OF DISTRICT 5 DISCUSSION ITEM DISCUSSION BY VICE CHAIR CAROLLO PERTAINING TO AN EMAIL SENT FROM THE CITY MANAGER'S OFFICE REGARDING DISTRIBUTION OF INFORMATION TO THE DISTRICT 3 OFFICE. DISCUSSED Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: I would like to request a point of privilege. Chair Gort: Yes, sir. Vice Chair Carollo: Thank you. Mr. Manager, it comes as no surprise my stance on transparency and that action speak louder than words. In other words, while some speak about transparency, I actually act on it. And therefore, it has come to my attention that there was an e-mail (electronic) sent from your office to all the department heads regarding something about information to my office or -- could you elaborate a little bit about that? City ofMiami Page 122 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Johnny Martinez (Assistant City Manager/Chief of Infrastructure): I don't recall sending any e-mail. Yes. We asked staff not to just drop miscellaneous paperwork in your office without running it through the Manager's office first. Vice Chair Carollo: Gotcha. I -- so you were doing it to help me out? Mr. Martinez: Yes. Vice Chair Carollo: However, you failed to CC (Carbon Copy) me on that e-mail. As a matter offact, I'm going to read you what that e-mail says, even though I wasn't CC'd on it. I actually obtained a copy because I think there's a lot of department heads that were a little surprised by it. And I'll read it to you because obviously, I believe in transparency so I'm bringing it up in front of everybody. Dear Directors, please be advised that no -- and now this will be underlined -- documents of any nature, whether agenda -related or otherwise -- (UNINTELLIGIBLE) 10: 01: 54 underlined -- should be provided to the District 3 office directly. Any information, documents, et cetera, need to be provided through the Office of the City Manager and the Agenda Office, when appropriate. Please make sure your immediate staff is aware. Now, I'm just -- again, want clarity on this because it specifically says District 3. I don't see any of the other districts, so I would like, if possible, for you to clarify why this was sent, why only District 3, you know. In all fairness, especially with regards to information, again, in light of transparency, I remember when the former City Manager -- well, he's not former. Well, we don't even know if he's former or not. He's told some of us that he's leaving and others that he hasn't. And don't know what's going on, to be honest with you. But the bottom line is when Mr. Crapp came before us, one of the questions that I asked -- and as a matter offact, just to make sure it was transparent and everybody will be on the same page and there wasn't any misinformation, I asked with regards to being able to speak to directors and, you know, being more functional. As a matter offact, I asked for a legal opinion from the City Attorney, and I think we were all on the same page. And now this occurs? I don't get CC'd, even though it was, you know, to help District 3 out? So could you shed some clarity on this? Mr. Martinez: The intent was not to stifle any information or anything like that or make it a longer process. It was just reacting to what I thought -- what the Administration thought that we were just putting paperwork on your desk without it being routed through the City Manager's office. There was no intent to delay the process or insinuate that we're not allowed to -- you're not allowed to communicate with us for general information. That was not the intent. We were just reacting to someone putting a pile of paperwork on your desk without any cover letter, without any explanation, without anything like that. Vice Chair Carollo: You know, I -- and you know, it's funny because I never had this issue with Mr. Crapp, never had this issue with Mr. Migoya, never had this issue with Mr. Hernandez. And all of a sudden, this occurs. I don't get CC'd on it. Various directors are -- you know, I could see their jaw dropping and kind of asking me, Frank, what went on? And I'm surprised. I'm like, I have no idea what you're saying. I have no idea what's going on. And all of a sudden, you know -- obviously, they won't even print the e-mail. I don't know if it's because they're intimidated or what. They won't even print the e-mail. I mean -- andl see this. Andl -- it's pretty strongly worded. I mean, it is underlined that no documents of any nature, whether agenda -related or otherwise -- I mean, that -- it's underlined -- should be provided to the District 3 office. So I mean, it's not like all Commissioners. It's my office. And as a matter offact, already, you know, whether it's police reports, stats on crime, whatever it is, guess what? We can't get it now, you know. And have actual residents that want to meet with me with regards to crime and so forth, and I'm here saying -- blinded. Mr. Martinez: My understanding is that we were reacting to someone dropping the FP&L (Florida Power & Light) agency report on your desk without any cover letter, without anything like that, and that your office was not happy about having that dropped off. So this is just a City of Miami Page 123 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 measure to make sure that that didn't happen. There was no intent to preclude you from getting information one on one and that type of thing. It was just people dropping things off on your desk without the proper cover letter, with making sure that it's what the Administration wanted to disseminate to the Commissioners. Vice Chair Carollo: So in essence what you're telling me is that this instability changes uncertainty are noticeable and taking its toll even at the Commissioner level. That's in essence what you're telling me because I never had this issue with Mr. Crapp. I never had this issue with Mr. Migoya. I never had this issue with Mr. Hernandez. So what you're telling me is all this uncertainty is actually starting to take its toll -- noticeably taking its toll even at the Commissioner level, you know, and this is why I commend all the department heads because I know it's going to be hard now with more uncertainty. It -- obviously, it hits the Commissioner level already. You know, I want to commend all the employees of the City because, in all fairness, I know they are very concerned, you know. There's a budget that guess soon enough we'll start discussing it. But realistically, you know, with the CFO (Chief Financial Officer) leaving, the uncertainty with the City Manager, you know, I'm hoping that someone will address this today. You know, they're afraid whether they're going to get cut again in their salaries, benefits, and so forth. You know, in all fairness, I commend my colleagues, you know. This last year and a half, it hasn't been easy. And the truth of the matter is we've band together, we've gone through some tough times. We've gone through some tough decisions, and you all know we've gone through some tough decisions. But the bottom line is, you know, we have stuck together. We have done it in a prudent manner. We have actually debated, debated professionally, the way it should be. And ultimately, we have come together to tackle any problem that has come before us. You know, however, I would tell you, we still have a lot of work to do and there's going to be some tough times. You know, there's going to be some difficult decisions. And in order to fix a problem, the truth of the matter is we need to realize that there's a problem and see what the problem is. You know, listen, I don't have to tell you all 'cause you know it. This is a beautiful city, a sexy city. I mean, from sports -- you know, we got a great sports team, one so hot that they even call it the Heat. But I mean, the truth of the matter is, you know, we're one of the best-known cities in the world -- Chair Gort: That we are. Vice Chair Carollo: -- one of the most important cities in the world, and we're going to have to come up with questions and answers why can't we keep a City Manager. We're going to have to address issues like this. And you know, I also -- I pray for our Mayor. I hope he makes wise decisions. And you know, I ask clarity in all this that's happening. I mean -- and again, I bring it here before my colleagues because I truly act on transparency. I mean, there's a lot of uncertainty. There's a lot of concerns, andl think that, you know, at least this Commission needs to have some answers, and at the same time, needs to have dialogue. And Mr. Martinez, I guess you know it was some type of miscommunication, but again, it's showing that all this un -- all this instability, all these changes is taking its toll. Mayor Tomas Regalado: Can I -- Chair Gort: Thank you. Yes, Mr. Mayor. Mayor Regalado: -- just make a comment. First of all, I heard that your staff was not happy when they delivered the FPL report without a cover memo, and that's what the staff -- your staff -- said to whoever delivered that. And that's why I think -- I don't know about the e-mail. And of course, you should have been copy, and I apologize in behalf of the Administration, Mr. Vice Chair. But I would like, first of all, to say that number one, this -- there is no instability in the City ofMiami. And there is no instability in the City ofMiami because at the end of the day, the City Manager will be coming back on Monday. Whatever decision he takes, it would be a decision that will be informed to you first and to the public. Larry Spring leaving has nothing to City ofMiami Page 124 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 do with this other issue of the Manager. He has been working on this for several month now, and the Manager knew about it, and he's preparing to bring someone -- actually, yourself with your expertise, you're talking to people to recommend to the Manager; you told me so. And -- Vice Chair Carollo: We have to, Mr. Mayor. Mayor Regalado: Andl -- we thankyou. Vice Chair Carollo: We have to. Mayor Regalado: With your expertise, you are talking to people. So -- because you are trying to help in filling that gap, and we thankyou. We -- because you have the expertise in the accounting. But you know what, at the end of the day, the numbers are the same with this person and that person. We are 100 percent that we will finish the fiscal year without going into the fund reserve. Now that might look something that is not important, but it's been happening for seven years in a row. So if we achieve that, that will be your victory. That will be our victory. That would be the Administration victory. Number two, the Manager already has spoken to all department directors to have a budget with a certain reduction so we can create a budget. The Manager has been working in the budget for several month already. Parallel, he has been working with the unions. We have a good feeling about some of the contracts. And we have the commitment from you and from me and from the Administration that this budget will have no taxes increase. And that might sound, you know, political, but it will be the first time probably in ten years that we can say that for two years in a row real taxes are lower in the City ofMiami. Because in the past, we, as Commissioners, never raised the millage, but the value of the property went up and up and up and people were paying taxes. You gave the people ofMiami a gift last year. It was a very hard decision. It was even conversation here in the dais about a rollback and this and that, and that conversation never became a resolution, never a motion because the five of you took the hard decision. Andl really commend you for doing that. And this year, we're going to do the same. We probably are going to have to tighten our belts a little more. Thank God that the property appraisal [sic] has come up with figures that are under the projection that we were doing. But I think that we are in good shape. I think there is no stability in the City, there is no uncertainty other than, well, if this person is leaving or that person is leaving. But we have in place the professionals to move forward. And you know, like you said, Mr. Vice Chair, we have a beautiful city. We have now the possibility of celebrating with a team that is bringing worldwide attention to the City ofMiami. The skyline of the City ofMiami, regardless of what happen in the championship, has been shown throughout 43 countries in the world with a marketing price of millions and millions of dollars. Tomorrow we have, at Miami International Airport, the biggest plane in the world landing here. We have a lot of energy in downtown, in Midtown, in Wynwood. Next Saturday we will be launching the shuttle for Wynwood Art District. We just have tourists bus stop installed in Mary Brickell. We got to be proud of the city that we are -- and you are the people that is making this possible. I would tell you, Commissioners, thatl am really, really energized about the future. And you know, whatever happens in the County or whatever happens in the state and the cuts and this and that, we are delivering services. We are lowering taxes. We are bringing a new business to the City ofMiami, and we're good. We're really good. And you know, all I can say is, look, I'm working full-time, and I'm available if anybody -- I know I don't have the authority to direct this and that, but I want to keep the conversation with all of you, andl have a great relationship with all of you I think. I think I'm the first Mayor to have a great relationship with the five members of the Commission in several years. So I just want to say that. It's philosophically. I know it probably won't address some of your issues, butt give you my word that will be working side by side with the Administration to present a balanced budget, to offer the residents of the City ofMiami another year of low taxes and great services and, of course, a great future. Chair Gort: Mr. Mayor, I think the -- this Commission demonstrated to you last year that we're willing to work with you all in the budget andl think all of us, what we stated here, we're ready City ofMiami Page 125 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 to continue to start working on the budget, andl think we need to start right now. Andl believe you should start talking to all the Commissioners and come up with some of the ideas that you and the Administration are working with. I think it'll be important for every one of us to know what's going on and what's the projections. At the same time, Mr. Acting Manager, my understand is, in talking to the lawyers and to the attorney, request that we cannot order or ask any department head to do anything, but we can ask for information and that information can come to us. So I want to make sure that that is clear, that the -- our office have the right to request information from all the departments and we have the right to receive that information. Am I correct? Thank you. Yes, sir. Mayor Regalado: Totally. Chair Gort: Yes, sir. Commissioner Dunn: Mr. Chair -- Mr. Mayor, I believe -- in all candidness, I think probably the biggest issue that might be looming -- and I'm not trying to put you on the spot, but will we know for certain next week at some point whether the Manager either will be leaving or staying or we'll know some time that -- will we know? You don't know? Mayor Regalado: I don't know. I really don't know. It's public that the City Manager has an offer. He said that he will tell me and you immediately if he accepts the office, and then we could start a transition. The minute I know, the minute you know because -- so I consider you -- Chair Gort: Before he knows. Mayor Regalado: -- equal. Before him. Chair Gort: Before Chuck, okay. I don't want to hear the news from Chuck. Mayor Regalado: Right. You -- I promise you that you won't be reading breaking news, but the Manager will -- Commissioner Dunn: I think that -- Mayor Regalado: -- but you know -- Commissioner Dunn: -- would bring a level of comfort at least knowing where we -- where we're possibly headed, you know. Mayor Regalado: But you know, who am I to stand in the way of someone? I cannot force a person, but I don't know. I'm telling you, I don't know. We may know next week or next week or next two weeks. I don't know. But the meantime, the Manager is the Manager and he continues to -- as a matter of fact, last night he met for 40 minutes -- he was here in town. He met for 40 minutes with someone to talk about the CFO (Chief Financial Officer). And this is interim. This is interim of -- because we need time to get your input, to get your input, to get everybody's input. So we will know when we know. But I can assure you that the numbers won't change. The numbers that we have now won't change and the numbers that you'll be working on it won't change. Would it be a hard season -- budget season? Yes. But you know, last year you did the extraordinary, you know. You confronted many challenges. You did what some people consider not the political thing to do. And you know -- and you were right. The courts have just upheld the fiscal urgency status. And there are cities in the state of Florida that wants to follow the City ofMiami. I mean, even the County is now trying to find out whether the fiscal urgency is something that they could use. So I am really excited about the next few month because I know that you are going to do the right thing. Probably, this is the strongest Commission that we have had in many, many, many years. You know, I was elected citywide, but I want to be part of all of City ofMiami Page 126 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 your district. I am visiting different neighborhoods. I try to engage the people. I think it's really important. I think that this period of time is the time where we are having more meetings with the residents than ever before. And I have gone to yours, and I have gone to yours. And so I -- I'm just offering myself to go with you in the evening, in the morning, in the afternoon, in a Saturday, in a Sunday. I just want you to understand that we are certain about Miami, that we don't have any doubts, that there is no crash and burn situation; that we are sound and that we are working with you all. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: A couple of things. And by the way, thank you, Mr. Mayor. Thank you for addressing us. I truly appreciate that. Several things. I know you're saying that the numbers will not change. However, it goes beyond that. It goes into union negotiations. It goes into our bond ratings, would it be lowered. It goes to -- we just approved a bond offering for $140 million. We're going to have to disclose in the POS these changes. We're going to have to disclose who's our new CFO or that our CFO left. I would imagine we also have to disclose what's happening with the City Manager, if he's staying or not. And listen, I'm not here to contradict you, but I think some of us are pretty certain -- and again, I'm not going to contradict you, but some of us are pretty certain that Mr. Crapp is leaving. And again, I'm not going to contradict you. I'm just sayingl think some of us are even acting as if we're going to have a new City Manager. And in all fairness, you know, you've already seen -- I just showed the perfect example where, you know, this confusion and so forth has affected, you know, my office. There's not, that I know of any of these department heads that want to give me any information or so forth, no matter how minute it might be. So you know, these are things that although you're saying the numbers will stay the same, we can't be oblivious to the fact that, listen, it's affecting us. And not to mention that you are 100 percent correct. We live in a beautiful city. We have so much opportunity, and this is going to be our fourth manager in a year and a half, I don't know, 15 months, 17 month, whatever it is. And we need to address why aren't we able to keep a City Manager. So I -- and again, I'm just putting it out there, you know. I feel that it needs to be transparent. We need to discuss it. I'm telling you, a reporter comes to me and asks me, you know, Frank, is the Manager leaving or not? You know, the Mayor has told me he is not leaving. He has not officially given his resignation. And you know, I'd rather not comment. I rather -- I end up saying, listen, I'd rather not comment. I'd rather, you know, not be on the record. I don't want to speak. You know there was rumors that, you know, the CFO actually left because there's a new administration coming and you know, there's been so many administrations and so forth. I don't know. Listen, all I'm saying is I would like some transparency. And to be honest with you, I'd like to know, you know, where do we stand. You know, we're going into budget season. We don't have a CFO now. I'm not sure we have the same City Manager. There's two very key positions. So you know, all I'm saying is, you know, I will deal with whatever comes our way. As you know, I'm concerned about the CFO position. I'm not even going to discuss the Budget director, but I am concerned, you know. I am genuinely concerned. And yes, that's why I reached out in the private sector and even the public sector and spoken to various people that could be CFOs or are CFOs and potentially, you know, may have an interest in the City because -- you know, and again, in all fairness, that -- I'm doing it because of my concern because in all fairness, that's the City Manager's job. And I'm not even sure if the City Manager is the City Manager or who's going to be the City Manager. So again, I bring this to light and especially with what happened with this e-mail that wasn't even CC'd on and it was supposedly to help my office. And you know, it's just a way of working now that, you know, I mean, in all fairness, it might be perceived as, let's just say, different but -- Mayor Regalado: And I'm sorry, Mr. Chairman. I don't want to prolong this, but I think it's important. Well, number one, like I said, last night the City Manager, Tony Crapp, met with somebody for help in terms of the CFO. But you mentioned the bond issue. You know, the first City of Miami Page 127 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 thing that sign as Mayor in the City ofMiami, I think it was late November, the first official document was the bond issue for the Marlins garage. As a Commissioner, I didn't vote for it. As Mayor, I sign it with the disclosure that two days before the Securities and Exchange Commission has launch -- had launched a full fledge investigation on years 207 [sic], 206 [sic], 208 [sic], and then they expand it to 209 [sic]. That is the worst -case scenario, a city under the scrutiny of the Securities and Exchange Commission. I refuse to sign the bond issue until it was disclosed that we were under the investigation. And by the way, I think that we had -- at the time, we had not been notified, but there was an article that raised the issue that we were under investigation and the City Attorney confirmed that. And the City Attorney diligently added the disclosure to that bond issue. So we risk, you know, the possibility of higher interest because we were under investigation, but we didn't. The bond issue is -- where the garages are -- been built and all that. My understanding is that the bond issue has already been done, that the only thing that is missing is for me to speak to the ratings agency, which was the thing that didl think in early December about this bond issue of the Marlins garage. Andl understand that we going to do that, Madam City Attorney, very soon, but this is done. And if any disclosure has to be made, I think that this disclosures will be less damaging than the disclosure that we made that we were under investigation by the Securities and Exchange Commission. I mean, is that a fair statement? Julie O. Bru (City Attorney): Yeah. The -- Vice Chair Carollo: And we're still on the investigation. It still hasn't concluded. Mayor Regalado: Right, the investigation is still on. And you have been brief about the investigation and all of you. Ms. Bru: No, no. At this time, the Commission has already authorized the issuance of the bonds. We are still in the process of finalizing the preliminary official statement. Over the next couple of weeks, that statement will be finalized, appropriate disclosures will be made with any new significant material information. We have also some additional good news to include in the disclosure regarding some of our labor matters, so those disclosures will be made. And some time -- I believe that sometime in July is when we plan to go to market with the bonds so -- Chair Gort: Commissioner. Commissioner Sarnoff.. Mr. Chair, the Vice Chair has a very good knack for putting a white elephant out and saying here's the white elephant, here it is. And the Mayor -- you know, we have to thank you for what you're doing in terms of dealing with this issue, but I think -- and I'm trying to remember myself, andl thinkl speak for many of us up here. Last year at this time, we had a good understanding of what we were facing, the numbers we were facing, and a strategy that was going to be put in place. Andl think the concern -- or at least my concern -- and I'd hope the other Commissioners share my concern. I don't feel like I know that -- I don't think know the numbers andl don't think know the strategy that's being implemented or being considered, and it's very difficult to sit up here year in and year out and continue and persistently take from the employees. Now while they make up 85 percent of our budget, it's not always easy. They have taken reduction after reduction. Last year was not their first reduction. It was their second reduction. Andl think what the Vice Chair is saying is what are our strategies? What are our options? What are the real numbers? What are we trying to grab for? It's excellent news that we're going to finish this year in the black. Andl think we all know that now. Even with, without red-light cameras, whether it's constitutional or unconstitutional, take that out of the equation, we'll still end up in the black. But our projection's going forward, what are our strategies because what has the reduction in ad valorem, though not as severe as we anticipated, is nonetheless a reduction. There was some very good news, Mr. Mayor, you're right. In downtown Miami, I believe the real estate values increased by 10 percent. City ofMiami Page 128 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Chair Gort: They did. Commissioner Sarnoff. And that's an extraordinary thing to say. And that's an extra -- that's what the Vice Chair is saying. That's what the Mayor is saying. This is a great city. This is a city that's on the move, and this city will continue to go on the move. But I think what everyone is saying here, last year at this time -- this is what, June 9? -- we had a pretty good idea where we were going to be. And we knew the number that we had to tackle. We basically knew the strategy we needed to employ, and we were having meetings on it. Certainly, in August we met extensively, you know, about it, andl guess there's a concern that we just don't know is the number 10 million, it is 20 million, is it 30 million, is it 40 million, is it 55 million? And we just don't -- I haven't been apprised of that. I've heard -- I guess we all do numbers in our own head, andl don't -- I'm not a CPA (Certified Public Accountant) and Commissioner Suarez, I think, should be a CPA the way he can do numbers in his head, but I've always had the number 20 million stapled in my mind. Now I might be right andl might be wrong, but that was 20 million predicated upon I think it was a 5 or 6 or 7 percent reduction in ad valorem. Now I know the ad valorem's in much better condition. I thought I heard the -- Larry Spring, the CFO, I thought I heard him say to Commissioner Suarez -- I don't know if it was at the last meeting or the meeting before -- that he could get a $16 million reduction -- 18 million, but I'm not sure that's accurate. I'm not sure that that's truly accurate. Now if there is really an $18 million reduction, good strategy in place. I will yield to Commissioner Suarez. Chair Gort: Yes, sir. Commissioner Suarez: Thank you, Mr. Chairman. I think the concern that we all have is that we were talking about this frequently on a monthly basis, on a bi-meeting basis. And it seems like, for whatever reason, this particular year we haven't been doing that. And so, I mean, I think that's a concern that I have. I've tried to introduce the topic at the last few Commission meetings when we were talking about the refinancing of that $140 million bond. I tried to bring it, you know, back to the issue of the budget, back to the issue of what is going to be our anticipated shortfall next year. We did get the good news that it was going to be less than what we originally -- actually, it was going to be less than our best -case projection. We had a projection of anywhere between 5 and 10 percent. I had spoken to the property appraiser and he had said between 5 and 8 percent, and this was actually better than the best -case scenario. Andl think the concern that we all have is that's good news, so what does that mean, you know, exactly or more or less, you know. Does that mean that our deficit has been reduced from 15 million or 20 million to 12 million or 10 million? What does that mean? There was some initial discussion the first time that we brought on the bond offering as a discussion item, which I had suggested that it be brought on as a discussion item before it being voted on so there was transparency, so that it could be aired out. There was some discussion about the savings from that bond offering and whether that could be used to balance our budget or whether it could not be used to balance our budget; whether it could not be used to balance a recurring deficit or whether it had to be used to replenish our reserves. And those are all issues that need to be discussed. In addition to that, I think part of the problem is and part of what -- the sentiment that's being expressed here today is that we don't really have a very clear understanding of where we're at with our union negotiations. I mean, I don't know where we're at with our union negotiations. We took some, you know, decisions last year. They were difficult decisions. I think part of the reason why we decided them is because we felt like it was the only option that we had at that point, and it was kind of avoiding what could otherwise be a catastrophe in the City, but we're not out of the woods yet, and so, you know, we have to have the same, I think, intensity and scrutiny coming up to this upcoming budget year. Andl just -- I think we're waiting for that to happen, all of us. Andl don't know to what extent we're going to continue to wait. Hopefully, we won't have to wait much longer for that information to start flowing our way and for us to start discussing it because we don't have that much more time. And we -- I don't think we should be in a situation where we're in a time crunch when there's no real reason for us to be in a time crunch. As for the other issues that have been discussed, the CFO, the City Manager, et cetera, et cetera, I think the City of Miami Page 129 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 fact of the matter is we all here believe in the City ofMiami. We all love the City ofMiami. We all think that despite ourselves, the City of Miami's an incredible city, and despite our government and at times its inability to get things done, we have a remarkable city that's resilient beyond imagination. But the City, as a government, deserves the best. It deserves the best and it deserves the best and the brightest. And whatever action we're going to take in the future, however we're going to replace these positions, we have to get the best and the brightest in here to help us tackle these very, very difficult decisions as we move forward. That's what I'm going to be pushing for andl hope that, you know, our colleagues support each other as we have. We support the Administration, and hopefully they engage us in that process of finding those people so that we're not in a situation where there's excessive turnover, so we're not in a situation, you know, where we're questioning the ability of the people who are here helping us run the City. Chair Gort: Thank you. That's why I stated at the first -- at the beginning we need to start working on the budget. I don't want to hear the numbers now. I want to make sure because you might say some numbers now and that might change next week. I want to make sure you all sit with all of us, let us know where we're at, what the plan. At the same time, we'd like to know what's the negotiation with the unions, where we're going. I think the people, what -- the problem they have, they got all these rumors going around that it's going bankrupt, that we going to cut salaries and all that. None of that has been addressed. And my understanding is we're talking about producing reoccurring revenues. We also talking about reducing some of the expenses that we can reduce and certain things that we can do. So I'd like to get an information and all that to all of us, sit with us and let us know where we're at, what are the real numbers are 'cause I'm seeing numbers anywhere from 40 to 10, and I'd like to get the real number and what are the plan that we're going to do. And we need to start working like we did last year. Thank you. Vice Chair Carollo: Mr. Chairman, I wanted to close. Andl originally asked for the point of privilege, andl wanted to close, if possible. Chair Gort: I beg your pardon? Vice Chair Carollo: I wanted to close my point of privilege and -- Chair Gort: Go ahead. Vice Chair Carollo: -- if possible. Chair Gort: Sure. Vice Chair Carollo: Thank you. Again, I brought this for discussion for various reasons, and as I've always said it, I think debate, discussion is healthy. I think that's the way I've prided myself here in this Commission andl think we have always done so in a prudent manner and a professional manner, and we've always come together at the end for the best of this City. So I thought that it was important to bring some of these issues into the light. And now to conclude, I just want to make sure, Mr. Manager, Mr. Assistant Manager, Mr. Martinez, that that e-mail that was sent, in no way does it mean that my office, I can't contact any of the department heads -- For instance, I had a complaint from a resident -- actually, various residents, that the crime was going up. I contacted, you know, someone from the Police Department to give me some of the stats, what's going on. Well -- so I just want to make sure that the way it used to be is and that no department head feels intimidated from giving me any information. Or, as a matter of fact, let me make sure I word it correctly. Any information, documents, et cetera, you know, so that I could work as a Commissioner for the best of the residents in my district. Chair Gort: Yes, sir. City ofMiami Page 130 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 NA.2 11-00508 Mr. Martinez: First, I apologize for you not being CC'd on the e-mail. That's our bad. I was CC'd, andl didn't react to the information. But the intent was not to stifle information that Commissioners request from the Administration, not at all. It was more information that the Administration owes the Commission, and we just wanted to make sure it was in the right form and timely and that type of thing. I will send -- this time I will send it. I was just CC'd on the other one -- an e-mail claming that this in no way should impede any information that the Commissioner should ask of the Administration. Vice Chair Carollo: Okay. I think all the department heads are here watching and so forth, if not present, andl think it will be clear. And again, I just -- once again, I think everybody knows I am extremely cautious with everything. I am transparent. I -- you know -- so you know, I act within the rules. I actually -- you know, like I said, when Mr. Crapp was here to ratifi, his appointment, I actually brought it out in a public view. I actually requested a public [sic] opinion in front of everybody to make sure that we're all on the same page. So I just want to make sure that things don't change and we can move forward working hard like we're doing. Thank you. Chair Gort: Thank you. Just one more point. Andl work with the rating agency. Disclosure, disclosure, disclosure is very important and what is the backup plan that you have for whatever you're disclosing. I think that's what's important. Thank you. DISCUSSION ITEM DISCUSSION BY VICE CHAIR CAROLLO REGARDING ROADWORK IN DISTRICT 3 IDENTIFIED AS PROJECT B-30715. DISCUSSED Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I'd like to proceed with my pocket item, ifI may? Chair Gort: Go ahead. Vice Chair Carollo: Thank you. As you all know and I have mentioned here quite a few times my belief in transparency and how I bring everything to the public eye. And in all fairness, due to that e-mail (electronic) that was sent out, I didn't even feel comfortable going to the director of Public Work -- or, I'm sorry, CIP (Capital Improvement Programs) because the truth of the matter is I didn't know what reaction I was going to get. Everything had to go through the Manager. I'm not really sure what manager because I've been working with -- I don't even know if to say former Manager, current Manager, or the Manager Tony Crapp, on my CIP projects. As you all know, I have not approved my CIP five-year plan and so forth because I have mentioned how, you know, we can't reconcile and there's errors and so forth. And l just want to point something out, more than anything, for clarity. I want to know what's going on. You could clearly see here by this picture -- and if you see here on your right-hand side, it's Southwest 24th Road and up there is 9th Avenue. Okay. There's obviously some work being done here on 9th Avenue, in between 24th Road and 25th Road. And more work being done. The problem is that neither I nor my staff can find this roadwork in any of our CIP schedules. So what we did is we went to the actual bulletin board and we looked for the project number. The project number is B-30715. The problem is that project number B-30715 is for a project at Northwest 24th Avenue, in between Northeast 3rd Street and Northwest 6th Street. It has no place here in the Roads. And l just -- I want clarity to see why this cost of 227,000 for project B-30715 is in the Roads when, in reality, it should be somewhere in Northwest 24th Avenue, in between 3rd Street and Northwest 6th Street. So I'm looking for clarity. And this is something that B-30715 and City of Miami Page 131 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Northwest 24th Road is one that I've asked for, let's say -- I think it's about year now, which we actually went there personally and the tadpoles were swimming around. Something similar to this, except this was a year -- I'm sorry. This was a week after it had rained and tadpoles were swimming around. So that's actually what I've been trying to fix for the past year and to no avail. And now the project number to fix this, I find it's here on Southwest 24th Road in be -- I'm sorry, on 9th Avenue in between Southwest 24th Road and 25th Road and, again, I'm seeking clarity. Alice Bravo: Good afternoon. Alice Bravo, CIP (Capital Improvement Program) director. And yes, when we went out and created these projects, there were several small locations that were lumped together into a single B number, and we have sent some e-mails to your office regarding the status of this project, and specifically one stating that B-30715 included both locations, 24th Avenue and the one in the Roads, and that the project is under construction. Vice Chair Carollo: I haven't seen that. As a matter of fact, I have 24th Avenue in between Northwest 3rd Street and Northwest 6th Street. That's where we went. We saw tadpoles. Well, you saw from the water there was tadpoles swimming around. It's been since June of last year. We've gone by that location; nothing has occurred. Ms. Bravo: Okay. Vice Chair Carollo: Okay. There is -- not even a rock has been moved. However, when I go to Southwest 24th -- Southwest 9th Avenue in between Southwest 24th Road and Southwest 25th Road, it seems like this construction is being done there. We don't know what it is. We don't see a "B" number for it. And where the issue was, where we actually physically went, not even a rock has been turned in a year. Ms. Bravo: Right. And per that e-mail that I had sent previously, we described that both projects were being done under B-30715 and that the contractor was going to do one. And when he was done with that one, he'd move to the second location. Vice Chair Carollo: Which project -- which two projects? Ms. Bravo: The 24th Avenue and the one in the Roads. Vice Chair Carollo: Now, the one in the Road [sic] is actually Southwest 25th Road, in between 4th and 5th Street. It's not 9th Avenue. And that is project number B-30720. Ms. Bravo: Right. There are several locations in that "B" number. Vice Chair Carollo: No. B-30720. And again, listen, I just want clarity because, you know, I'm -- it's obvious I'm a little frustrated because it's been at least a year since we have physically gone there, looked at it. I mean, I've taken time. I've gone with you personally so you see -- you've even met some of the neighbors. You've met some of the people. And the truth of the matter is, you know, no, it's not that they're all mixed up. B-30720 is for Southwest 25th Road in between 4th and 5th Street. And where this work is being done, it's on 9th Avenue in between 24th Road and 25th Road, and we can't find this work anywhere in our schedule. Ms. Bravo: Right. And as I mentioned before, both numbers -- both locations were included in a single "B" number and -- Vice Chair Carollo: That's not what I'm showing in your latest schedule. Ms. Bravo: Okay. Again, we provide that further detail in an e-mail, andl apologize it's not on the table. City of Miami Page 132 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Vice Chair Carollo: Right. I have the schedule. Ms. Bravo: Right. Vice Chair Carollo: I'm looking at it. And B-30715 clearly states it's for Northwest 24th Avenue, in between Northwest 3rd Street and Northwest 6th Street. Not a rock has been turned there, and that's where all those tadpoles were seen after -- Ms. Bravo: That location and several others are being addressed through that project number. Vice Chair Carollo: Well, that's not what it says here, okay. B-30715, like I said, we've gone there; nothing is happening. Ms. Bravo: Okay. Vice Chair Carollo: However, B-30715 on Northwest 9th Avenue is where that construction is being done. I don't see it in the schedule. I don't see that address here. Ms. Bravo: I'll send you a full listing of all the locations being addressed in that "B" number. Vice Chair Carollo: But I thought that's what we've been doing for the past month. Ms. Bravo: Yes. Vice Chair Carollo: And I have it here. Ms. Bravo: Okay. Vice Chair Carollo: And don't see it, so I need clarity. Ms. Bravo: Right. Vice Chair Carollo: You know, that -- I have it here. Ms. Bravo: Okay. Vice Chair Carollo: I mean, if you could point it out -- I've studied this. My staff has studied this. We've made sure we're, you know -- and again, you know, I'm just looking for clarity. And I'm -- and yes, I'm fighting for the residents of my district that, you know, I was hoping that a year goes by that they'd be able to have, you know, this problem fixed prior to the next rainy season, which is now. Now in all fairness, in all fairness, I would say this is something that was created in the past. You know there was a project done. Apparently, it was done erroneously and now we have all these pockets of water and so forth. So it wasn't created by, you know, this CIP administration. But at the same time, I can't let it be gone, you know, blindly that -- it's been over a year andl still have not seen any movement there and now I see the "B" number, which is supposed to address -- andl have it here andl can show you -- Northwest 24th Avenue between Northwest 3rd Street to Northwest 6th Street in the Roads, and the location in the Roads that you're thinking about is B number 30720 Southwest 25th Road, improvement project, which is not an improvement project, but let's say it is, okay. The bottom line is, I don't know what that is on 9th Avenue is. I don't know what work is being done there. I don't know if it was a mistake. I don't know what it is. But if you can show me in my schedule -- Ms. Bravo: Yes. City of Miami Page 133 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Vice Chair Carollo: -- and this is the latest schedule that was given, I think, two weeks ago or so forth -- Ms. Bravo: Correct. And often, when we have a project that addresses multiple small locations, they get lumped together into one and the name gets shortened and some other locations drop off so I will gladly edit this to provide that additional detail. All these projects, as you may recall, were appropriated in October -- I think the October 14, 2010 meeting. So as soon as that appropriation occurred, we brought designers on board to start the design. Some projects required survey. Any project requiring drainage requires a drainage permit from both local and state agencies, and we've gone through that process and that's why, under that "B" number, we've broken ground in one location and we'll follow with the second. So there -- unfortunately, a timeline for this process that if we're going to follow the rules, both state and local, we have to follow. Vice Chair Carollo: Excuse me, Ms. Bravo. We have not broken ground on any locations that dealt with the tadpoles that we physically went to see. We have not broken ground. Where we've broken grounds on 9th Avenue in between 25th Road and 24th Road, that -- I don't know where this project came from. Ms. Bravo: I guess I will -- we'll list -- Vice Chair Carollo: That's where -- Ms. Bravo: -- out the multiple locations. Vice Chair Carollo: That's -- well, the multiple location, I don't know where this multiple location's coming from. I specifically remember 25th Road in between 4th and 5th Street, andl specifically remember 24th Avenue -- Northwest 24th Avenue, in between 3rd and 6th. Ms. Bravo: Right. Vice Chair Carollo: And again, we physically went there. We saw the tadpoles a week after it rained. And again, I just want to make sure -- I mean, I could tell you the names of the residents that it affects. I could -- I think you've met some of them. Ms. Bravo: Yep. Vice Chair Carollo: And we're still with this. However -- Ms. Bravo: Yes. Vice Chair Carollo: -- I'm seeing construction. You see one of these "B" numbers somewhere else where I can't even find it in this schedule. Ms. Bravo: Yes. I was advised by Public Works that this "B" number actually addresses 11 different locations, so we'll -- Vice Chair Carollo: If that's the case -- Ms. Bravo: -- list that out. Vice Chair Carollo: -- why isn't it in our schedule? And that's why I have not approved the CIP five-year plan because supposedly, this is what it is and it's wrong. It's not accurate. Ms. Bravo: Okay. We'll provide additional detail. City of Miami Page 134 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 Vice Chair Carollo: Thank you. Chair Gort: Were we going into that -- and let me tell you what happens on 14th Avenue and 26th Street, we don't get tadpoles. We have goldfish in there when it rains. Ms. Bravo: Yes. Chair Gort: And this is something that happened six years ago. Ms. Bravo: Right. Vice Chair Carollo: I'd rather have gold fish than tadpoles, though. Chair Gort: Let me tell you, it's -- Ms. Bravo: And we have an issue throughout the City that -- in the mid '80s there was a regulatory change where before that, shallow wells were allowed for drainage, but it was discovered that shallow wells actually allows the run-off to go directly into the drinking water level. And as such, in the '80s that regulation was changed requiring any type of drainage improvement to go down to a deeper level or using a French drain. Unfortunately, the City has many that were constructed after that date. And in some places, the shallow well was capped and so some of our drainage projects are actually remedial projects. Chair Gort: The one I'm talking about, we've been complaining for the last five years. It was just built recently and it's not working. Ms. Bravo: 14th Avenue. Chair Gort: I think you all look at it right across from 2660 -- Ms. Bravo: Okay. Chair Gort: -- Northwest 14th Avenue. Ms. Bravo: Okay, we'll take a look. Chair Gort: Because it happens to be my -- where I live, and the neighbors have been going after me. We've been complaining for the last four or five years. Ms. Bravo: Right. Chair Gort: And now that I'm a Commissioner, they're saying what's wrong with you. Ms. Bravo: Right. Vice Chair Carollo: And by the way -- ifI may, Mr. Chair? Chair Gort: Yes, sir. Vice Chair Carollo: I'm not trying to be aggressive with the amount of projects I'm doing in my district. I mean, I'm just following these two and maybe another one and so forth. In other words, before we walk, you know, I'm just trying to crawl with you. I'm just trying to -- you know, all I've gotten in a year and a half is one guardrail that, these law few months, I just -- I went to the Manager and said, Mr. Manager, what's going on? It's supposed to -- if you go by City of Miami Page 135 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 this schedule, it's supposed to have been done in, you know, January. Ms. Bravo: Well, I've only been here a year, so -- Vice Chair Carollo: Okay, okay. But anyways -- so again, Ms. Bravo, my point is, you know, I'm definitely want to work with you and so forth, but obviously, you can tell in my voice I'm a little frustrated. And then, realistically, I don't know where that project is. So we're going to have to reconcile and see where that project is and the "B" numbers because -- Ms. Bravo: I understand. We'll -- Vice Chair Carollo: Okay. Ms. Bravo: -- make sure that anything that addresses multiple locations is spelled out clearly in the project description so that there's no ambiguity, and we can even produce a map that goes with this so that it's color -coded, what's being accomplished under each "B" number, because just for economies of scale, in some cases, it makes sense to group multiple improvements together. Vice Chair Carollo: I understand that. However, one thing is -- Ms. Bravo: We'll make it clear. Vice Chair Carollo: -- economies of scale, one thing is grouping and not letting anyone know. Andl am taking your wordfor it, if that's what occurred. I'm not, you know, saying that's what occurred and this is all correct. I'm just taking your wordfor it. Remember, I always -- I told you one of my favorite words is professional skepticism. I learned that, you know, as an auditor and, you know, fraud detective in the police department and so forth, so I always use professional skepticism. So again, you know, going back, my point is, you know, I -- you know, let's see if we can move forward with some of these projects and, you know, move on for the betterment of the City. Ms. Bravo: That's what we're working on. Thank you. Vice Chair Carollo: Thank you. Chair Gort: Thank you. NA.3 DISCUSSION ITEM 11-00509 DISCUSSION BY THE CITY ATTORNEY REGARDING THE PROVISION OF LEGAL REPRESENTATION BY THE CITY OF MIAMI FOR POLICE CHIEF MIGUEL EXPOSITO AND MAJOR ALFREDO ALVAREZ. DISCUSSED Julie O. Bru (City Attorney): Mr. Chair, before you -- Chair Gort: Yes. Ms. Bru: -- adjourn, I have a pocket item. Chair Gort: Okay. Ms. Bru: Okay. As the Commission knows, back in April two of our employees, the Chief of Police and Major Alvarez, were sued in connection with certain statements that were made in a City of Miami Page 136 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 TV (Television) show. The case is Orlando Cordoves versus America Teve Network, Inc. versus Miguel Exposito, Alfredo Alvarez and Pedro Sevcec. As is the practice of the City and as is my duty under the charter, I examined the conditions under which the occurrences that are alleged in the complaint occurred. I consulted with the City Manager to make sure that the Manager felt that the conditions were such that these employees were acting within the course and scope of their duties. The Manager instructed me that they were. And as is our practice, I identified an attorney to represent them because I did feel that because of the allegations, that there was a potential conflict with my office representing these individuals. Some of the issues that are being discussed in the complaint involve certain meetings that were held wherein was a member andl was involved in drafting certain laws that have become the subject of the discussions that have led to this complaint, so my office has a potential conflict. We consulted with the Florida Bar. The Florida Bar advised that notwithstanding the fact that my office has a conflict, that I have a conflict, that I can still select outside counsel. Initially, there was a disagreement between the chief and Major Alvarez as to whether or not could select the outside counsel or whether they were entitled to select their own counsel and the City pay for it. I disagreed. We did the research. I believe strongly that as a matter of public policy, it should be your City Attorney that selects outside counsel whenever there's a conflict because otherwise, potentially we open up ourselves to have any employee who is sued wanting to hire their attorney and there's no way to ensure that we are getting somebody who is competent and whose fees are reasonable. Having said all that, I was under the impression that the chief and Major Alvarez were going to go ahead and get their own attorney. I warned them that if they did, then they would not be entitled to reimbursement. And today, just a few minutes ago, they came to see me; and it is urgent now, andl apologize, but that is why I'm bringing it up as a pocket item. There is a hearing scheduled for July 5. I think that they, pro se, had filed a motion to dismiss, and now they've asked me to go ahead and finalize their representations through the attorney that l've selected, which is Oscar Marrero, with whom we have had great success representing City employees whom we've had a conflict with. We have negotiated a rate of $200 an hour, which is a very reasonable rate, and they both want to accept the offer that was extended to have Oscar Marrero represent them. There's a hearing scheduled for July 5. I wouldn't have been able to bring this up, you know, with sufficient time to have them prepare for the hearing. Commissioner Dunn: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Dunn: I just have one question in terms of the -- is this a -- is this unprecedented - - what is the guidelines -- what are the guidelines in terms of a pocket item? Is it a pocket item - - can we vote on a fiscal matter a -- a financial matter on a pocket item? I -- on the principle of the item, I know that we support within the guidelines. But if this is something that is not the norm, I would prefer that this be on the regular agenda as other items because I don't want to set a precedent if this is, in fact, the case. That's what I -- that's all need to know. Ms. Bru: Okay. Well, let me address that. First of all, does it have a fiscal impact? Yes, it does. Has money been budgeted for these purposes? Yes, it has. As a matter of fact, this Commission in the NDA (Nondepartmental Account) account from where the funds to pay for this representation would come from, you have budgeted $2 million to date. I believe that for legal services, we have spent maybe somewhere in the vicinity of $700, 000. So there is money budgeted for these purposes. And number three, is it an issue that is an emergency? Well, if we don't -- and again, quite frankly, the money was budgeted for legal services for these kinds of things. I discussed this with other attorneys and there's a -- you know, there's an opinion of -- as to whether or not we even have to get further authorization, but I have always, as a matter of custom and practice, come to this Commission any time that I've hired outside counsel, not for you to approve the individual whom I have selected but to approve the expenditure of funds because I take a very conservative approach, that I don't have the specific authority to spend money on a contract -- and hiring an outside counsel would be a contract -- unless you've City of Miami Page 137 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 approved it. So even though you've approved a budgeted amount from where I can draw funds, I don't believe that I have the specific authority to pay someone unless you give me that authority. Now it is an emergency because, as I said, there is a hearing scheduled for July 5. If we don't bring this attorney on board now and give them sufficient time to prepare, I think that, you know, both of these individuals would be in jeopardy of not being able to be fully and adequately represented. Commissioner Dunn: Just -- andl understand it. When was the -- I remember seeing a letter or something. The chief received this letter at what date? Ms. Bru: I don't have the exact date, but shortly after, let's see -- I think the letter went out sometime at the end of April. Commissioner Dunn: And so -- and we're in June now. And he just told you this afternoon? Ms. Bru: Initially, there was a disagreement. And quite frankly, the law regarding the representation of employees and elected officials is not that clear. There was a disagreement as to whether or not the chief andMajor Alvarez could select their own attorney. We researched. We went back and forth. We discussed it back and forth. I was under the impression that they had decided to go on their own, but it appears as if now they are accepting our offer. Let me say to you that the way thatl interpret the law, this Commission has the authority to provide counsel, authority. If you don't provide counsel -- and that's what the law says. If you fail to provide counsel, then he has the right to come back and get reimbursed for whatever expenses he's incurred. So if -- you know, either way, you know, I believe that it is most fiscally prudent for us to select the counsel because that's the policy and practice that we have. And if we treat him any differently than we treat all the other officers and employees, then we may start a precedent that employees go ahead and they select their own counsel and they come back with huge bills, such as in the case where -- remember where Officer Lozano came back and Roy Black had a -- almost a million dollars worth of attorney's fees that they sought to be reimbursed. Commissioner Dunn: And I'll yield to my colleagues, but I just have problems -- the chief waited. He waited. That's not our problem. Andl think we, on this Commission, need to send a message that we are the Commissioners. Andl think that -- I have no problem supporting him. He's entitled to legal representation from the City. We just voted on a matter not too long ago. I want to be consistent. But at the same time, I mean, he can't, you know, just do it the way he wants to do it. Andl think that's been the message that we've been sending in allowing him. So at some point we need to send a message he'll go by the guidelines that everybody has to go by in the City ofMiami. And I'm prepared to let's bring it back on the consent agenda. If he want to get his lawyer and then we reimburse him, like we did Michelle Spence -Jones, I have no problem. But that he waited; not us. That's how I feel. Chair Gort: My question is, you're telling us that the City Manager represented that they went to the TV program -- representing the City, authorized by the City. Ms. Bru: Let me -- Chair Gort: No? Ms. Bru: Mr. Chair. Chair Gort: Yes. Ms. Bru: Yes, I had sent a memorandum to the City Manager describing the allegations and asking the Manager to determine whether or not it would be appropriate to represent the chief andMajor Alvarez with the explanation that the City's authority to represent would only be if City ofMiami Page 138 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 they were acting within the course and scope of employment. The Manager, in writing, responded to go ahead and represent the chief. Commissioner Dunn: I don't know how -- we need to vote on this? I'd like to make a motion that we bring it back on the regular agenda the way it's supposed to be done. He waited. He had it in April. I don't think we should be the ones being pressed with a gun to our head now to make a decision. And think it describes -- and I'm not going to get into that. I don't mind representing him as a City, the part that we're supposed to do, but I think we need to send a message on this Commission that the guidelines are the guidelines and we need to follow the guidelines. That's what I think. That's my position. Commissioner Suarez: Second for discussion. Chair Gort: Been moved and second for discussion. Commissioner Suarez: Thank you, Mr. Chairman. My issue is not -- I want to be consistent with the way that I acted when this issue essentially came before us, slightly different. I wanted some extra time to look at the issue. I think clearly the $200 an hour fee is extremely generous to the City and extremely reasonable, so that's not the concern that have. I think, you know --I don't know what you've gotten in writing. I don't know -- you said you put -- you know, you put the offer out to the chief and to Major Alvarez in writing. Have you recei -- you said initially you had some sort of communication that they did not want to accept that attorney. Now you're saying that they did -- Commissioner Dunn: Today. Commissioner Suarez: -- did they give that to you in writing? I have not seen that writing. Have you -- we haven't gotten a copy of that. Ms. Bru: I can provide a copy. Initially, their communication was their interpretation of the law, and their interpretation of law was that they were entitled to select their counsel; that because our office had a conflict, it would represent the conflict to select counsel. We checked with the Florida Bar to make sure that, you know, that position was not correct and indeed, we got an opinion from the Florida Bar, and that's when I wrote back to him saying that we didn't have -- you know, that we could select the counsel and that's -- and now here's where we are a month later. Commissioner Suarez: And did you receive something in writing today that -- Ms. Bru: No. Commissioner Suarez: -- specified that they -- Ms. Bru: He -- Commissioner Suarez: -- were going to accept that counsel? Ms. Bru: -- came to see me in person, and Major Alvarez came to see me just a minute ago. And we communicated with Mr. -- my deputy, Warren Bittner, to make sure we got the ball rolling because -- Commissioner Suarez: I think it's a little bit unreasonable to assume that someone can come to your office, make an oral communication, and then you're going to rush down to the City Commission, put on a pocket item for an unknown expenditure without any comprehensive analysis, anything given to us, to the Commission, to analyze. And I'm just being consistent with City of Miami Page 139 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 the way that I acted -- and so I agree that it should be on the consent agenda so long as none of the Commissioners have a problem with it. If somebody wants to pull it from the consent agenda because they have an issue with it in the next Commission meeting -- I'm not sure that they're going to be prejudiced in any way, shape or form because of the hearing is in the beginning of July and it's on a motion to dismiss. Is that correct? Ms. Bru: It is. It's a motion to dismiss. Commissioner Suarez: Okay. So then that now would mean that -- our next Commission meeting is on the 23rd? Ms. Thompson: Yes. Chair Gort: Yes. Ms. Bru: Twenty-third. Commissioner Suarez: Okay. So between the 23rd and the 9th, that is 7 plus 9; that's 16 days to prepare for a motion to dismiss. That seems to me to be far more than ample time. In fact, I know in a recent case where County Attorney turned over an appeal in 24 hours, so I think to be prepared for a motion to dismiss -- I just think it's a little bit unreasonable given the circumstances. Chair Gort: Sure. Commissioner Suarez: And I -- it's not that I'm against voting in favor of -- Commissioner Dunn: I'm not either, for the record. I'm not either. Commissioner Suarez: Yeah. And I'm -- and again, I voted in favor of paying, you know, Ms. Spence -Jones legal fees. I just wanted to have the time andl want to be consistent. I think it's unfair for me to vote this way today and not have voted this way, you know, two weeks ago. So that's just why I seconded the motion and that's why I'm going to vote in favor of the motion and hopefully, you know, my colleagues agree. Chair Gort: Further discussion. Commissioner Sarnoff. Well, having been the only Commissioner probably up here that had been sued personally, I guess I have a different feeling than Ms. Bru and I've always had a different feeling than Ms. Bru. I happen to believe the doctor that you choose to take your wife to when she's under life -threatening conditions is your choice. I equally believe that the attorney that you choose when your financial wealth is at stake is equally your choice. While I think Julie is -- I'm sorry -- while Ms. Bru is reading Florida Statute, there is ambient footnote for -- to that statute that says this in no way obviates Florida jurisprudence on point. Florida jurisprudence on point, I think, allows a person to select their own attorney. Now -- so my -- I never liked to disagree with you on the record, but this is something that happened to me as a Commissioner and you graciously allowed me to select my counsel of record. Ms. Bru: That was Mr. Fernandez, not me. Commissioner Sarnoff. Okay, Mr. Fernandez allowed me to select my counsel of record. And you know, I was being sued by a billionaire, so I thought maybe I should be a little careful about who I choose. I just don't -- I don't think that you get to select who it is that represents the chief or I guess Major Alvarez, and they're coming now and they're agreeing to your acceptance. I sort of agree with Commissioner Suarez. I mean, you can decide this on June 23 and it's not City of Miami Page 140 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 going to prejudice anyone because I guess they're accepting your appointment of Mr. -- what's his name? Ms. Bru: Oscar Marrero. Commissioner Sarnoff.. Marare? Ms. Bru: Marrero. Commissioner Sarnoff.. Marrero. So Oscar Marrero. And you know, that, I guess, is -- I mean, $200 an hour -- what's that? Vice Chair Carollo: No. I said, no. Oscar. Commissioner Sarnoff.. Oh. I don't know how a lawyer does anything for $200 an hour, so I'm a little -- I'm actually concerned that that's how cheap he is because it would be like you going to a dentist and saying can you fill that cavity? Yeah, it's four bucks. Well, at four bucks you really can't fill a cavity. At $200 an hour, it's very difficult to represent somebody. So having said all those things, I will agree to the extent that don't think they're prejudiced on a July 5 hearing that somebody would learn of it June 23. And by the way, the date you set a motion to dismiss is merely the first setting. You can always have that reset two weeks later, a month later, and a judge is going to entertain and understand that completely. And it sounds like -- Commissioner Suarez: Particularly given the circumstances. Commissioner Sarnoff.. Right. -- it's his motion to dismiss. Commissioner Suarez: To justifiable -- it would be a justifiable -- Commissioner Sarnoff.. So -- Commissioner Suarez: -- extension. Commissioner Sarnoff.. -- right. So I'm not going to vote against bringing this back for a consent agenda item. I just want to go on record having said I've been sued as Commissioner andl really think it's important that you get to select your own attorney. Commissioner Suarez: Andl think we're going -- I mean, it appears to me just based on those statements that have been made that we're going to approve that, but I think just from a precedent perspective and for me, personally feeling consistent about the way that I acted several weeks ago, I think it's only right that it be done in this fashion. Ms. Bru: Okay, so I will prepare an item. Again, my only motivation is -- Chair Gort: You're not going to say anything? I mean -- Ms. Bru: -- number one, I don't want to advocate -- Chair Gort: -- (UNINTET,TIGIBT,F) 6:27: 58. Ms. Bru: -- a policy that's going to open up the door -- Chair Gort: No paper, no documentation. Ms. Bru: -- to every employee that get's sued to show up and say I want to pick my own attorney City of Miami Page 141 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 because I think that that's sets us up for a very dangerous precedent with respect to cost and overseeing the quality of work that gets done. You have a general counsel that the charter dictates. It's my responsibility to make sure that any employee or official that has a lawsuit is represented, and the Florida Bar doesn't preclude me from selecting outside counsel for anybody that needs representation. Commissioner Dunn: And -- Ms. Bru: Number two, I brought it up as a pocket item because I felt that we do need to prepare the letter of engagement and so forth and so on. Andl don't want to delay representation when there is a hearing pending, but we will -- Commissioner Suarez: Mr. Chairman. Ms. Bru: -- prepare a packet and bring it back in the consent agenda. Commissioner Suarez: Mr. Chairman, ifI may? Chair Gort: Yes. Commissioner Suarez: Thank you. What I would like to see in our agenda for the consent agenda, if it so goes forward, is that engagement letter and whatever analysis, factual and legal that you have made your determination on the basis of which is exactly the same thing that you provided us in the other circumstance. I'd like to take a look at that, please. Ms. Bru: Okay. Commissioner Dunn: Just one last thing. Chair Gort: Okay. There's a motion -- Commissioner Dunn: There's a motion, but one last thing for the record too. I would really -- andl mean, it may be a mute [sic] issue at this point. But do remember a -- and see, I don't mind talking about it. I'm like you, Commissioner -- Vice Chairman. I do remember the Manager saying that no one should be speaking without it being -- him being noted. And then all know, even as recently as this week, the chief has been all over the radio -- and mean at some point -- either you got guidelines or you don't have lines [sic], so I don't know. I just wanted to put that on the record. Because we can't allow any individual to just run roughshod the way they want to and then we be held accountable at the end because they did not follow guidelines or orders. I -- that just, to me, doesn't make sense. Chair Gort: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. -- and that's part of analysis. I mean -- Commissioner Dunn: Yes. Commissioner Suarez: -- I think that's part of the analysis. Commissioner Dunn: Yes, yes. Commissioner Suarez: The analysis of the facts -- Commissioner Dunn: Thank you. You're right. City of Miami Page 142 Printed on 7/7/2011 City Commission Meeting Minutes June 9, 2011 ADJOURNMENT Commissioner Suarez: -- surrounding, you know -- Commissioner Dunn: You're right. Commissioner Suarez: -- the circumstances surrounding the incident and the legal analysis, the combination of those things, which is exactly what we got -- Commissioner Dunn: Absolutely. Commissioner Suarez: -- in the other case -- Commissioner Dunn: Absolutely. Commissioner Suarez: -- and then we make an -- what we feel is an intelligent decision. Commissioner Dunn: Absolutely. Thank you. Okay. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Thompson: Chair, I'm sorry. I -- again, for me to record this properly, I am recording the motion made by Commissioner Dunn, seconded by Commissioner Suarez, to place this item on the consent agenda for the June 23, 2011 meeting. Is that correct? Chair Gort: That's correct. Ms. Thompson: Thank you. Commissioner Dunn: Okay. Chair Gort: Do I have a motion to adjourn? Commissioner Dunn: So move. Commissioner Suarez: Second. Chair Gort: Before we go, go Heat. Commissioner Dunn: Go Heat. The meeting adjourned at 6: 31 p.m. City of Miami Page 143 Printed on 7/7/2011