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HomeMy WebLinkAboutCC 2011-06-23 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 23, 2011 9:00 AM PLANNING & ZONING 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 Johnny Martinez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes June 23, 2011 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM -APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS FR - FIRST READING ORDINANCES RE - RESOLUTIONS 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 7/25/2011 City Commission Meeting Minutes June 23, 2011 9:00 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 11-00510 PRESENTATION Honoree Presenter Protocol Item Capt. Carlos Medina Commissioner Sarnoff Certificate of Appreciation 11-00510 Protocol Item.pdf PRESENTED 1. Chair Gort paid tribute to Dr. Armando J. Cruz, honoring his outstanding commitment to volunteer service as a medical professional; further applauding Dr. Cruz's 25 years of service during which he dedicated the first Monday of each month to seeing, treating, and consulting with patients in support of Liga Contra el Cancer. 2. Commissioner Sarnoff requested a moment of silence for Tessie C. White, known to many for her volunteer work at Christ Episcopal Church and Coconut Grove Food Pantry; Tessie distinguished herself as a devoted educator for 30 years to the Miami -Dade County Public Schools System and leaves behind a wonderful legacy for her contributions to the community. 3. Commissioner Sarnoff paid tribute to the leadership of Captain Carlos Medina, honoring his steadfast commitment to South Florida and his resolute concern with raising $15, 000 in grants from the Florida Inland Navigation District to support the beautification project on the Dinner Key Spoil Islands in Biscayne Bay; further acknowledging the Florida Inland Navigation District for awarding two grants that will allow for these improvements. 4. Commissioner Sarnoff honored Detective Gary Jackson with a Distinctive Service Commendation, applauding Detective Jackson's high level of commitment in the fight to preserve the peace against crime and criminals, and for employing outstanding skills, expertise and vision in his continuing work in the area of missing, abused and neglected children. Chair Gort: At this time we're going to make some presentation. Presentations made. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Dunn II On the 23rd day of June 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 9:23 a.m., recessed at 12: 09 p.m., reconvened at 1: 24 p.m., recessed at 5:16 p.m., reconvened at 5: 37 p.m., and adjourned at 7: 01 p.m. Note for the record: Commissioner Suarez entered the chambers at 9: 32 a.m., and Vice Chair Carollo entered the chambers at 9: 35 a.m. Chair Gort: Good morning, everyone. Welcome to the June 23 meeting of the City ofMiami City ofMiami Page 3 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Commission, this historic chambers. The members of the City Commission is Francis -- Frank Carollo, Vice Chairman, Richard Dunn -- Commissioner Richard Dunn, Commissioner Marc Sarnoff, and Commissioner Francis Suarez, and me, W fredo Gort, Chairperson. Also on the dais we had Johnny Martinez, acting City Manager, hopefully to be confirmed; City Attorney, Julie Bru, and City Clerk, Madam Thompson. At this time we will open the meeting with a prayer, Commissioner Dunn, and pledge of allegiance by Commissioner Sarnoff. Invocation and pledge of allegiance delivered. MAYORAL VETOES NO MAYORAL VETOES Chair Gort: Madam Secretary [sic], do we have any vetoes from the Mayor's office? Priscilla A. Thompson (City Clerk): Chair, there are no mayoral vetoes. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: 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 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 we have minutes to be approved? Priscilla A. Thompson (City Clerk): Yes, we do, sir. We have for your consideration and approval the special Commission meeting minutes of April 21, 2011 and the Planning and Zoning meeting minutes of May 26, 2011. Vice Chair Carollo: So move. Chair Gort: It's been moved by Vice Chairman -- Commissioner Dunn: Second. Chair Gort: -- Carollo, second by Commissioner Dunn. Any further 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 our regular meetings [sic], and the City Attorney will state the procedure to be followed during the meeting. Maria J. Chiaro (Deputy City Attorney): Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. Copy of the code section about lobbyists is available in the Clerk's office. Material for each item on the agenda is available during business hours at the City Clerk's office and online at wwwmiamigov.com [sic]. Anyone wishing to City of Miami Page 4 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 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 are permitted in the Commission chambers. Please silence those devices now. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regular scheduled, whichever occurs first. At this time the Chairman, the Administration will announce which items, if any, are either being withdrawn, deferred, or substituted. Chair Gort: Thank you. [Later..] Chair Gort: Do we want to pull any items at this time? Yes, sir. Johnny Martinez (Acting City Manager): FR.1, defer to July 28 meeting. Chair Gort: FR.1? Mr. Martinez: Yes. RE.2, withdraw; DI. 1, continue to the July 14 meeting; andM.1, defer to the July 28 meeting. Chair Gort: Any of the Commissioners would like to pull any items? Okay. You want to read it? Priscilla A. Thompson (City Clerk): If you don't mind, what I have, the Administration will be deferring --I'm sorry -- continuing FR.1 to the July 28 meeting. They are withdrawing RE.2. DI I is being deferred to the July14 meeting. AndM.1 is being continued to the July 28 meeting. Vice Chair Carollo: Mr. Chairman. Chair Gort: Thank you. Yes, sir. Vice Chair Carollo: Before we take a motion on the deferrals and continuances and so forth, I'd like to ask with regards to DI. 1, I want to make sure that the single audit report will be issued by the due date, which is June 30. If someone can give me that assurance, the single audit report or management letter. Johnny Martinez (Assistant City Manager/Chief of Infrastructure): I was told by the financial director that it would be done by then. Vice Chair Carollo: I think she's coming up. Mr. Martinez: Yes, she is coming. Vice Chair Carollo: IfI can get some assurance. Mr. Martinez: Okay. Diana Gomez: Diana Gomez, Finance director. According to the auditors, they plan on issuing the report by Tuesday of next week, so it should be done by the 14th. I mean, it's going -- Chair Gort: The 30. City of Miami Page 5 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Ms. Gomez: -- to be done before Septem -- by -- before June 30, rather. I'm sorry. Vice Chair Carollo: That's -- Ms. Gomez: Yes. Vice Chair Carollo: -- my point, it's going to be done by June 30 or before June 30. Ms. Gomez: Absolutely. Vice Chair Carollo: Thank you. Chair Gort: Thank you. Okay. Any Commissioner would like to defer or pull any item? Being none -- Mr. Mayor, you're recognized. Ms. Thompson: Sir. I'm sorry. We -- Vice Chair Carollo: Mr. Chairman. Chair Gort: Oh, I'm sorry. We have a motion. Vice Chair Carollo: Yeah. I will make a motion for the deferrals that we spoke about and the continuances and so forth. Commissioner Sarnoff. Second. Chair Gort: Okay, it's been moved and second. That was moved before, wasn't it? Ms. Thompson: No, it wasn't. Vice Chair Carollo: No. Chair Gort: No? Okay. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. [Later..] Chair Gort: Mr. Mayor, you still have the floor. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Mayor Tomas Regalado: Thank you. Vice Chair Carollo: IfI may, Mr. Mayor? Since we've discussed so much about it and -- as you all know, it's not my norm that I would request something like this, but is it possible to bring up my discussion items that we've discussed so much about the budget? I think it's top priority and I think we should, you know -- Chair Gort: I don't have any problem. Vice Chair Carollo: Do you mind, Mr. Mayor, if we can discuss the budget? City of Miami Page 6 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Mayor Regalado: Can we do the stadium because Art Noriega is here and he has some information. I mean, I know the budget is going to take time andl think we should do it in the morning. But if you allow me to talk about some issues about the garages of the stadium that we all need your input, I will be brief. Vice Chair Carollo: That may take some time too, I think. Mayor Regalado: Okay. Can we do the garages then? Vice Chair Carollo: No. I'm saying -- Chair Gort: (UNINTET,TIGIBT,F). Vice Chair Carollo: -- the garages are probably going to take some time too. Mayor Regalado: Okay. Well, can we do the garages now and then the budget? Vice Chair Carollo: Sure. Chair Gort: Accept. Mayor Regalado: Thank you. Vice Chair Carollo: Priorities. City of Miami Page 7 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 CA.1 11-00443 CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHWEST 29TH STREET FROM NORTHWEST 5TH AVENUE TO NORTHWEST 7TH AVENUE, MIAMI, FLORIDA, AS "LAGUNA WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 11-00443 Biography of Floriberto Laguna.pdf 11-00443 Map of Laguna Way.pdf 11-00443 Legislation.pdf SPONSORS: HONORABLE MAYOR REGALADO COMMISSIONER DUNN This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0260 CA.2 RESOLUTION 11-00473 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF JERDY MILLER, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $50,000, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI AND ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS, ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.524000.0000.00000. 11-00473 Memorandum Office of the City Attorney.pdf 11-00473 Memorandum Financial Signoff.pdf 11-00473 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0261 Adopted the Consent Agenda Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: City of Miami Page 8 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 9:00 AM PH.1 11-00464 Department of Community Development Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II END OF CONSENT AGENDA Chair Gort: I need -- on the consent agenda, none was pulled. Do I have a motion for the consent agenda? Commissioner Suarez: So moved. Commissioner Dunn: Second. Vice Chair Carollo: Second. Chair Gort: It's been moved by Commissioner Suarez, second by Vice Chairman Carollo. Any discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $150,000, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 2 ECONOMIC DEVELOPMENT RESERVE ACCOUNT TO THE BOYS AND GIRLS CLUBS OF MIAMI-DADE, INC., FOR PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER TWO TO THE CONTRACT BETWEEN THE CITY OF MIAMI AND THE BOYS AND GIRLS CLUB OF MIAMI-DADE, INC., IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 11-00464 Summary Form .pdf 11-00464 Notice to the Public.pdf 11-00464 Detail by Entity Name.pdf 11-00464 Pre-Legislations.pdf 11-00464 Legislation.pdf 11-00464 Exhibit 1.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0262 Chair Gort: PH.1. Alfredo Duran (Deputy Director): Good morning. Alfredo Duran with Community Development. PH.1 is a resolution authorizing the City Manager to execute amendment 2 of the contract between the City ofMiami and Boys and Girls Club ofMiami and transferring City ofMiami Page 9 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Community Development Block Grant funds in the amount of $150, 000 from the City of Miami's Department of Community Development, District 2, Economic Development reserve account, to allocate said funds to Boys and Girls Club for public activities and improvements. Chair Gort: Okay. This is a public hearing. Is anyone would like to address this issue? Grady Muhammad: Good morning, Mr. Chairman. Grady Muhammad, CEO (Chief Executive Officer), Miami Dade First, 5800 Northwest 7th Avenue. As a graduate of the Boys Club, the central -- old central unit, and a grant writer for the Hank Klein Unit in 1986, so 25 years ago, I'm definitely in favor of this item. Question I have is this is economic development. With HUD (Department of Housing and Urban Development) -- andl think either the Chair or the attorneys would have to ask this -- we have specifics, like social service or public service, that can't be used for economic development or it can't be used for housing. HUD is very strict in the use. Chair Gort: Yes. Mr. Muhammad: And this is economic development going towards public facilities. It's a potentiality of what's called comingling of funding. I'm in support of it, but I want to make sure, again, we are legalese -- Chair Gort: Sure. Mr. Muhammad: -- not, you know, messing ourselves up. Chair Gort: Gotcha. Mr. Muhammad: And if not, definitely, without question, supportive. Chair Gort: Thank you. Mr. Cruz, you're recognized. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I'm also the Chairperson of the ABDA, Allapattah Business Development Authority. Andl agree. That's -- this good. This -- I am for that. But the other night I was on the radio driving and listen to Chairman Gort talking about that, to go to the NET (Neighborhood Enhancement Team), because it was money for the facade programs and all that. You know, the only mistake there is that the money for the facade program is in the pipeline, but it's on top of the total, you know, moving very slowly, and it's not going get to the places. We don't have the -- ABDA doesn't have the money for the facade programs there, so we can't start anything unless -- you can have the best plans, but you still need money to implement them. So I have told them. I talked to the (UNINTELLIGIBLE) at the MRC (Miami Riverside Center). I saw him. He say, listen, expedite that money. You get 20 percent for administration. What you doing with the 20 percent? Chair Gort: Mariano, we discussed that the other day, and my understanding is you can go ahead -- Mr. Cruz: I know. You approve the money. The money was approved, but -- Chair Gort: Okay. Mr. Cruz: -- still moving. It got to go here, got to be signed there, got to be looked at. We got to look at the boats on the river, you know, all that. Chair Gort: Right. Mr. Cruz: Thank you. City of Miami Page 10 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Chair Gort: Just like the gentleman stated before, we have to go through all the regulations, all the papers. Yes, sir, you can answer. Mr. Duran: No. I respectfully disagree with him. And he cannot start the program for this year. He can go ahead and start collecting the paperwork and creating these relationships for the jobs that you're going to do. Yes, you cannot get funded until the contracts are fully executed but you can, by all means, start. And we've informedABDA about that. Mr. Cruz: I know, I know, we can't start. But the problem is that how come it takes so long. We talking about expediting. We going about things, about moving inside because people -- you know, it takes -- Chair Gort: Mariano, that was my biggest problem in here. There's a lot of regulations -- Mr. Cruz: I know. Chair Gort: -- that we have to go through. Mr. Cruz: I've been here long enough. Chair Gort: Unfortunate, okay. Mr. Cruz: That's what I told them. You don't want to see me in here at the Commission, do what you supposed to do. Chair Gort: Okay. Mr. Cruz: That's it. Chair Gort: Thank you. Could you explain to him this is a funding from District 2, from the reserve that they had? Mr. Duran: Yes, I did. For this item, it comes from the District 2 economic development reserve. Chair Gort: Economic development reserve that he had there. Now the question was asked, those funds cannot be used for social services? Mr. Duran: No. Yeah, let me correct Mr. Muhammad. Chair Gort: Yes. Mr. Duran: I mean, the economic development activities under the CDBG (Community Development Block Grant) program clearly include a facilities and improvement program for facilities that are available to the general public, so it's -- he's a little mixed up on that. Chair Gort: And at the same time, when you're making those improvements, you're putting people to work. Mr. Duran: That's true too. Chair Gort: Okay. Any further discussion? Close the public hearings [sic]. Commissioner Sarnoff. So moved. City of Miami Page 11 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 PH.2 11-00467 Department of Community Development Commissioner Dunn: Second. Chair Gort: It's been moved, second. Moved by Commissioner Sarnoff, second by Commissioner Dunn. 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 AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $150,000, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 2 ECONOMIC DEVELOPMENT RESERVE ACCOUNT TO COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT, FOR THE COMMERCIAL REHABILITATION JOB CREATION PROGRAM TO ASSIST QUALIFIED BUSINESS OR PROPERTY OWNERS WITH BUILDING AND PROPERTY IMPROVEMENTS THAT ARE DIRECTLY RELATED TO OPENING A NEW BUSINESS, RETAINING AN EXISTING BUSINESS OR REMEDYING CODE VIOLATIONS TO CREATE OR RETAIN JOB OPPORTUNITIES WITHIN THE COMMERCIAL DISTRICT; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 11-00467 Summary Form.pdf 11-00467 Notice to the Public.pdf 11-00467 Pre-Legislation.pdf 11-00467 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0263 Chair Gort: PH.2. Alfredo Duran (Deputy Director, Community Development): PH.2 is a resolution that transfers Community Development Block Grant funds, in the amount of $150,000, from the City of Miami's Department of Community Development, District 2 economic development reserve account, and allocates said funds to the Coconut Grove Business Improvement District for commercial rehabilitation job creation program in the Coconut Grove area. Chair Gort: Thank you. This is a public hearing. Anybody would like to address PH.2? Grady Muhammad: Good afternoon again, Mr. Chairman. Grady Muhammad. The question I have is -- it's a great, it's needed, it's timely; create jobs, but the question I have, six years ago Model City had a Ocean Village 7th Avenue commercial revitalization. Six years later, it's only windows and doors. Six years later, it is still no closer to being started or completed. Jobs -- Mr. Williams, George Williams came last year around this time, June, and he talked about the same commercial revitalization for 7th Avenue. It was transferred from the Ocean Village to Neighbors and Neighbors. And again, here we are a year later, we're still waiting on windows and doors in Liberty City and Model City when, again, Rafael Hernandez Housing and Economic Development Association does a great job on Northeast 2ndAvenue, on both sides, Northwest 2ndAvenue, and soon to be 15th Avenue. Why is this 7th Avenue corridor the busiest City of Miami Page 12 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 PH.3 11-00469 Department of Community Development state road in your district? And again, six years just for windows and doors, Mr. Chairman, Commissioners. Why is it taking (UNINTELLIGIBLE)? HUD (Department of Housing and Urban Development) doesn't even allow you to really keep money longer than one year. And if we continue to do this, we're going to get over our 1.2 ratio of expenditures. So when are we going to get these things done, Mr. Chairman, Commissioners? Chair Gort: Okay. Mr. Muhammad: Thank you. Chair Gort: Thank you. Any further discussion? Close the public hearings [sic]. Do I have a motion? Commissioner Sarnoff. So moved. Commissioner Dunn: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Dunn. Any discussion? All in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM YEAR 2011-2012 FUNDS, IN THE TOTAL AMOUNT OF $21,000, FROM CARRFOUR SUPPORTIVE HOUSING, INC.-DEL PRADO GARDENS APARTMENTS, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED TO CARRFOUR SUPPORTIVE HOUSING, INC.-LITTLE RIVER BEND APARTMENTS, IN THE AMOUNT OF $17,500, TO PROVIDE HOUSING ASSISTANCE TO LOW TO MODERATE INCOME HOMELESS INDIVIDUALS AND THE AMOUNT OF $3,500, TO THE CITY OF MIAMI DEPARTMENT COMMUNITY DEVELOPMENT HOPWA ACCOUNT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID ENTITIES FOR SAID PURPOSE. 11-00469 Summary Form.pdf 11-00469 Notice to the Public.pdf 11-00469 Detail by Entity Name.pdf 11-00469 Pre-Legislation.pdf 11-00469 Legislation.pdf 11-00469 Exhibit 1.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-11-0264 Chair Gort: PH.3. City of Miami Page 13 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Alfredo Duran (Deputy Director, Community Development): PH.3 is a resolution authorizing the transfer of Housing Opportunities For Persons with AIDS (Acquired Immunodeficiency Syndrome), HOPWA program, year 2012 funds, in the total amount of $21, 000, from Carrfour Supportive Housing Del Prado Gardens Apartments, and allocating the amount of 17,500 to Carrfour Supportive Housing Little River Bend Apartment, and the balance of $3,500 to the City ofMiami's HOPWA account. The reason this change is being made is that originally, the Del Prado Gardens Apartment will address family needs, persons that are eligible under the HOPWA program. And it was determined that there is more of a need to address formally homeless tenants under this program. Therefore, the money's being transferred from one project to another. Chair Gort: Okay, thank you. Public hearing. Is anyone would like to address this issue? Public hearing's closed. Do I have a motion? Commissioner Dunn: So moved. Chair Gort: It's been moved by Commissioner Dunn -- Commissioner Sarnoff.. Second. Chair Gort: -- second by Commissioner Sarnoff. Discussion. Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Mr. Duran: Thank you. PH.4 RESOLUTION 11-00494 District2- A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THAT AN Commissioner Marc EXISTING, PREVIOUSLY PERMITTED ACCESSORY STRUCTURE, David Sarnoff CONSISTING OF A PORTION OF A SWIMMING POOL, POOL MAINTENANCE SHED, WOOD FENCE, CONCRETE WALL AND ROCK WALL, BE PERMITTED TO REMAIN WITHIN THE DEDICATED PUBLIC RIGHT-OF-WAY OF LA PLAYA BOULEVARD AND VENTURA AVENUE ADJACENT TO 3909 LA PLAYA BOULEVARD, MIAMI, FLORIDA, SUBJECT TO THE CONDITIONS AS SET FORTH HEREIN. 11-00494 Notice to the Public.pdf 11-00494 Map of La Playa Blvd.pdf 11-00494 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-11-0265 Chair Gort: PH.4. Nzeribe Ihekwaba (Director, Public Works): Good morning. Zerry Ihekwaba, Public Works. PH.4 is a resolution in accordance with Section 54-191 of the City code, directing that on existing previously permitted accessory structure be allowed to remain within the dedicated public right-of-way. The location is La Playa Boulevard and Ventura Avenue, which is adjacent City of Miami Page 14 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 2:00 P.M. PH.5 11-00541 to the property of 3909 La Playa Boulevard. This is a structure that was permitted and constructed in 1955 and has an existing City ofMiami Certificate of Use. It's a swimming pool that the owner wishes to actually dispose of in terms of the property sell and is asking for permission. At the last Commission meeting, this City Commission approved an amendment of the City code to allow type of accessory structures that were previously permitted to continue to remain in a public right-of-way, and the owner has met this request of the City Public Works Department. Chair Gort: Thank you, sir. Public hearings [sic]. Is anyone --? Public hearing closed. Commissioner Sarnoff. So moved. Commissioner Dunn: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Dunn. All in favor, state it by saying iiye. " The Commission (Collectively): Aye. ORDINANCE Public Hearing District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Commissioner Marc ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, David Sarnoff PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN SWIRE PROPERTIES, INC., AFFILIATED PARTIES, AND THE CITY OF MIAMI, RELATING TO THE PROPOSED DEVELOPMENT OF A PROJECT KNOWN AS "BRICKELL CITICENTRE" ON APPROXIMATELY ±9.03 ACRES, ZONED BRICKELL CITICENTRE SPECIAL AREA PLAN ("BCC SAP"), BOUNDED ROUGHLY BY NORTHEAST 6TH STREET TO THE NORTH, 8TH STREET TO THE SOUTH, BRICKELL AVENUE TO THE EAST, AND SOUTHWEST 1ST AVENUE TO THE WEST, MIAMI, FLORIDA ("PROJECT BOUNDARIES"), FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, AND ANY OTHER USES AUTHORIZED BY THE BCC SAP AND PERMITTED BY THE EXISTING T6-48B 0 TRANSECT DESIGNATION; AUTHORIZING A DENSITY OF APPROXIMATELY 150 UNITS PER ACRE; AUTHORIZING AN INTENSITY MEASURED BY FLOOR LOT RATIO OF 14; AUTHORIZING A MAXIMUM BUILDING HEIGHT OF 683 FEET AND MAXIMUM PEDESTAL HEIGHTS OF 129 FEET AND 160 FEET FOR PHASE 1/1AAND PHASE II, RESPECTIVELY; AMENDING CHAPTER 54 AND 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TO PERMIT THE CONSTRUCTION OF ENCROACHMENTS WITHIN THE PUBLIC RIGHT-OF-WAY AND PERMIT CERTAIN COMMERCIAL USES THEREIN; FURTHER AMENDING CHAPTER 17 OF THE CITY CODE TO AUTHORIZE TREE REPLACEMENT WITHIN ONE (1) MILE OF THE PROJECT BOUNDARIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 15 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 11-00541 Notice of Intent - Develop. Agrmt. SR 07-28-11.pdf 11-00541 Legislation SR (Version 2) 07-28-11.pdf 11-00541 Exhibit 1 SR 07-28-11.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez A motion was made by Commissioner Sarnoff, seconded by Vice Chair Carollo, and was passed unanimously, with Commissioner Suarez absent, to waive in this particular instance for Mr. Bernardo Fort -Brescia, Article VI, Sec. 2-654, Miami City Code, upon Mr. Fort-Brescia's oath that he will take the ethics course required for lobbyists in the near future. Note for the Record: For minutes further referencing Item PH.5, please refer to Item PZ.5. Chair Gort: PH.5, we -- Commissioner Dunn: They going to snatch defeat out of the jaws of victory. Commissioner Sarnoff.. Tell your client -- right. It's a wonderful argument. Chair Gort: PH.5 cannot be -- it's a zoning matter, is my understanding. First Reading 1. Francisco Garcia: For the record, Mr. Chairman and Commissioners, Francisco Garcia, Planning director. As pertains to PH.5 -- Chair Gort: Wait a minute; we need a quorum. Mr. Garcia: My apologies. Chair Gort: Go ahead. Mr. Garcia: Thank you, sir. As pertains to PH.5, we respectfully request that this item be taken up with PZ.5, which is actually the special area plan that this would be the development agreement for. Chair Gort: Okay. Mr. Garcia: So if you can table this for the PZ (Planning & Zoning) agenda, we would be grateful. Chair Gort: Okey-doke. Mr. Garcia: Thank you, sir. END OF PUBLIC HEARINGS ORDINANCE - FIRST READING FR.1 ORDINANCE First Reading 11-00428 Department of Building and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 62/ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING APPROVAL FOR City of Miami Page 16 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED," MORE PARTICULARLY BY CREATING A NEW DIVISION 8, ENTITLED "TEMPORARY BANNERS," CREATING A PERMITTING PROCESS AND REGULATORY SCHEME FOR TEMPORARY BANNERS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-00428 Summary Form.pdf 11-00428 Legislation (Version 2) 07-28-11.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RE.1 11-00430 Department of Capital Improvements Program END OF FIRST READING ORDINANCE RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF SERVICES FROM THE GORDIAN GROUP, INC., FOR THE CONTINUATION OF THE JOB ORDER CONTRACTING SYSTEM, UTILIZING EXISTING CITY OF FRESNO AGREEMENT SOLICITED PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 9049, TO BE USED CITYWIDE ON AN AS -NEEDED BASIS, UNTIL DECEMBER 16, 2014, IN A TOTAL CONTRACT AMOUNT NOT TO EXCEED $300,000; ALLOCATING PROJECT FUNDS FROM VARIOUS CAPITAL IMPROVEMENT PROJECT ACCOUNTS. 11-00430 Summary Form.pdf 11-00430 Award Recommendation and Approval Form.pdf 11-00430 Request for Qualification.pdf 11-00430 Pre-Agreement.pdf 11-00430 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-11-0266 Chair Gort: First Reading 1. Priscilla A. Thompson (City Clerk): That one -- Commissioner Sarnoff. I think they pulled -- Ms. Thompson: -- was already continued. Commissioner Sarnoff. -- that to 7/28. Chair Gort: Okay, then. RE.1. Ms. Bravo. City of Miami Page 17 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Commissioner Sarnoff. No early lunches. Alice Bravo: Good morning. Alice Bravo, Capital Improvements director. RE.1 is an item to authorize a piggyback contract with the Gordian Group to continue providing job order contracting system services for the City ofMiami, and we'll be piggybacking on a contract awarded through the city of Fresno for an amount not to exceed $300, 000. Chair Gort: For the benefit of us and the public especially, can you explain the use of this -- Ms. Bravo: Yes. Chair Gort: -- software? Ms. Bravo: Job order contracting for -- abbreviated as JOC contracting system was a system developed for the federal government to eliminate and shorten procurement time for small tasks, very small projects or repair -type projects for which there's a -- the scope is known, you have the quantity of items, you can calculate the labor. So basically, the Gordian Group takes the task of creating an extensive database of assignments, materials, labor costs, and prices them out. And so they -- that book, with a million pay items, is put out and procured so that the City can effectuate a task without going through a bidding process. So we have these contracts where the work was bid out and everything is pre priced so we can provide assignments in an expeditious manner. Chair Gort: Okay. Thank you. Commissioner Sarnoff. So moved. Chair Gort: Question. It's been moved by Commissioner Sarnoff -- Commissioner Dunn: Second. Chair Gort: -- second by Commissioner Dunn. Any further discussion? Being none, all in -- state it by saying iiye. " The Commission (Collectively): Aye. [Later..] Vice Chair Carollo: Mr. Chairman. Chair Gort: Come back -- Yes. Vice Chair Carollo: I apologize. I wasn't here for RE.1, and I'm okay with it. I think it passed. But since I see Ms. Bravo there, can I get a little additional information on the JOC program. Can you explain to -- a little bit about the job order contracting? Ms. Bravo: Good morning. Alice Bravo, Capital Improvements director. The Job Order Contracting program is something that was developed for the federal government to facilitate procurement time. And basically, it develops a book of pre priced items, both materials, labor, et cetera, everything that you would need to do to implement a small-scale project or a repair -type project. And so contractors -- you conduct a formal procurement and by which contractors agree to abide by the prices in those books and apply a factor over those prices. And then so any assignments that they receive for construction projects are bound to those prices and that factor. Vice Chair Carollo: What -- I'm sorry. What's a small-scale project? What do you consider a City ofMiami Page 18 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 small-scale project? Ms. Bravo: I consider anything -- $500, 000 or less, maybe a little higher, depending on the nature of the work. Vice Chair Carollo: Because this one says not to exceed 300, 000. Ms. Bravo: Right. Vice Chair Carollo: So it seems like from your numbers one project would take it all, so I -- it doesn't -- Ms. Bravo: And what the -- Vice Chair Carollo: -- sound right. Ms. Bravo: -- JOC -- what this contract provides is a management service of that program. So these are the people that conduct the studies on material prices and labor rates and they prepare the book with those pre priced items, materials and labor, that the contractor applies their fees to. And so basically, when we issue a JOC assignment, the Gordian Group gets paid as a percentage of that. It's one and a half percent, I believe. So it's a management fee. They're basically providing a service of researching material prices for us and estimating software that gets used in our office. So they don't do any construction work themselves. They provide the -- Vice Chair Carollo: The management. Ms. Bravo: -- services that we need for that procurement process. Vice Chair Carollo: Let me ask you a question. Why has several people mentioned that -- has mentioned to me -- several reputable people -- that the JOC is usually for an emergency, a small project that's an emergency. Let's say -- andl don't want to throw a number out there, but -- you know, let's say 100,000 or less and it's for an emergency. You need a quick fix, you know. Let's say all of sudden there's a whole in the street and you need a quick fix because if not, you know, cars are going to go through it and you know, wreck and stuff like that. But they also told me that when you go through the JOC process, it usually cost about three -times as much, and that's why usually you don't want to go through a JOC process unless it's an emergency or so forth. You're better off going out to procurement. Ms. Bravo: Well, actually, we have a very recent experience 'cause that has been debated whether or not you pay more when a project is done through JOC. So there was a project that we originally intended to do with JOC, which was for a small bathroom repair, something under $200, 000, and instead we decided to pull that back from that procurement process and we actually put it out to bid. And we just awarded the contract this week and the bid came in within I think 1 or 2 percent of the JOC price that had been developed for it. So that gave us a greater level of comfort. Now, once you're doing a larger scale construction project, like a roadway improvement or large building, say something in the $2 million range, a contractor bidding on that is going to realize economies of scale depending on his staff, on his availability for materials, he may have special arrangements with suppliers. So definitely projects in that range, we always want to procure. In the past that was not followed by the City. But that's something that we have been doing for the past year, so we think it's effective. And the creator of this program for the federal government actually espouses that it should not be used on projects over a million dollars, unless it's a very unique situation. Vice Chair Carollo: So you're under the notion that no, a JOC project doesn't necessarily cost more than regular procurement? City of Miami Page 19 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Ms. Bravo: Correct. Chair Gort: My understanding is also a JOC can jump into a development right away. If you go to a procurement system, it will take four month. Ms. Bravo: Right. We have already procured these contractors and they're on standby awaiting assignments. Chair Gort: It's a way to expedite some of the small work also. Commissioner Sarnoff. Mr. Chair. Chair Gort: Now -- yes. Commissioner Sarnoff. Correct me if I'm wrong, the JOC contractors competitively already bid Johnny Martinez (City Manager): Yes. Ms. Bravo: Correct. Commissioner Sarnoff. -- so there's already been a competitive process, for instance, as the Vice Chair said, to fill asphalt, to fill a 50 by 50 section. That's competitively bid to do a 300 -- well, I know you do it by units, but the asphalt unit -- this is --I guess what I'm inartfully [sic] trying to say, this has already been -- Ms. Bravo: Yes. Commissioner Sarnoff. -- a competitively bid process. You have taken the lowest bidders and put them as JOC contractors. Ms. Bravo: Correct. And instead of procuring a contractor based on a specific set of plans and a specific set of quantities, these contracts have been procured with this pre priced list that is all encompassing. Commissioner Sarnoff. Now, Belle Meade was done by JOC, right? Ms. Bravo: Yes. Commissioner Sarnoff. That's the one you should be looking at for the biggest mistake we ever made. That was a huge contract that was awarded in my district I think within two or three months of getting here, and that contract was a runaway mistake. Vice Chair Carollo: What was the amount, ifI may? Ms. Bravo: Approximately nine million. A major roadway -- Commissioner Sarnoff. So -- Ms. Bravo: -- and -- Vice Chair Carollo: Right. Ms. Bravo: -- sewer -- City of Miami Page 20 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 RE.2 11-00465 Commissioner Sarnoff. If you want to study -- Ms. Bravo: -- water drainage project . Commissioner Sarnoff. -- how not to use JOC -- Ms. Bravo: That was it. Commissioner Sarnoff. -- Belle Meade is the example of how not to use a JOC contract. And this Commission took no action on that, meaning the Administration decided to do it itself that way. So if you're -- I understand what you're saying, and that's the one you want to look at, and we will be looking at that as a Commission for a long time to come. Vice Chair Carollo: Exactly. And you know, now during my tenure and so forth, you know, people come to us and give us information and so forth. However, I don't take -- you know, I say about professional skepticism, I do my due diligence and so forth, so I'm starting to look into JOC program and so forth. I mean, there's several projects that I didn't get to send you the e-mail (electronic), but was going to ask you, hey, it's been over a year. Why are we using JOC as opposed to using, you know, regular procurement and so forth? And you know, in all fairness, you may have a good excuse. I don't know. And -- but I've also been told that using JOC usually cost you three times as much. So you know, I just want to make sure we have the facts, you understand, we know exactly what we have and that I do my due diligence. So you know, this is more of you know, information for me to have knowledge. Chair Gort: I think it's very important not only for us but the people that are sitting here and listen to our meetings and also people that are watching on TV (Television) to get all the information. Thank you. Be back at I. Yes, sir. Mr. Martinez: Can I add something to this? Chair Gort: We got to be back at I. Go ahead. Mr. Martinez: Okay. I mean, it was just a continuation of the -- Chair Gort: Go ahead. Mr. Martinez: Okay. One of the first things that we looked at when I came to the City was the JOC program because I think the concept is good. It's equivalent to a push-button contract in other municipalities where you can just push a button and the price is already set and the contractor has to go and do the work. Usually, those prices are a little bit more because the economy of scale. It's fix two potholes, fix 20 linear feet of sidewalk instead of incorporated under a lot of different items. But the key to the JOC program is to use them for the right projects and to keep updating the book so that the prices that are in the book are the latest and then the contractors compete against markup for the book. And we tested what Commissioner Carollo was just saying, that sometimes the JOC projects cost more and we did it with that bathroom and it came in pretty close because that was one of the things I said. Scrap the JOC and put it out to bid so let's compare to see what the difference is going to be and it turned out to be pretty good so we weren't getting a super bad deal. Chair Gort: Okay. Thank you. You open the book for a question, but I'll ask it some other time. RESOLUTION City of Miami Page 21 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE Purchasing RESCISSION OF THE AWARD TO MCINTYRE MAINTENANCE, INC., PURSUANT TO INVITATION FOR BID NO. 247232; AND APPROVING THE AWARD OF THE BID TO GROUNDKEEPERS, INC. (GROUP 1) AND TO BCLS LANDSCAPING GROUP, INC. (GROUP 2 AND 3), THE SECOND LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE PROVISION OF GROUNDS MAINTENANCE SERVICES CITYWIDE, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTIONS TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 11-00465 Summary Form.pdf 11-00465 Letter - Grounds Maintenance Services Citywide.pdf 11-00465 Award Sheet.pdf 11-00465 Legislation .pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Gort: RE. 2. Priscilla A. Thompson (City Clerk): RE.3 -- RE.2 was withdrawn. Kenneth Robertson (Director): Good morning. Kenneth Robertson, Purchasing Department. RE.3 is a resolution of the Miami City Commission accepting the bid received July 20, 2010, pursuant to Invitation for Bid 220227, from Radio One -Communications Service Company, the lowest responsive and responsible bidder on a group -by -group basis for both groups 1 and 2 for the procurement of Toughbooks and mounting hardware for the Department ofPolice. Chair Gort: Okay, thank you. Commissioner Dunn: Move it. Commissioner Sarnoff.. Second. Chair Gort: It's been moved by Commissioner Dunn, second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RE.3 RESOLUTION 11-00468 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED JULY 20, 2010, PURSUANT TO INVITATION FOR BID NO. 220227, FROM RADIO ONE -COMMUNICATIONS SERVICE COMPANY, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER ON A GROUP BY GROUP BASIS, FOR THE PROCUREMENT OF TOUGHBOOKS AND MOUNTING HARDWARE FOR THE DEPARTMENT OF POLICE, FOR BOTH GROUP 1-TOUGHBOOKS, IN THE AMOUNT OF $362,792, AND GROUP 2-MOUNTING HARDWARE, IN THE AMOUNT OF $48,200, FORA TOTAL CONTRACT AMOUNT OF $410,992; ALLOCATING FUNDS FROM FISCAL City of Miami Page 22 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 RE.4 11-00472 Department of Fire -Rescue YEAR 2009 RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM, ACCOUNT CODE P=19-900001, T=02, A=1623, E=664000, 0=191501. 11-00468 Summary Form.pdf 11-00468 Award Recommendation Form. pdf 11-00468 Tabulation. pdf 11-00468Addendum No. 1.pdf 11-00468 Invitation For Bid.pdf 11-00468 Radio One - Getac Response .pdf 11-00468 Legislation.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-11-0267 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "EMS COUNTY GRANT #C0013 AWARD FISCAL YEAR 2010-2011", IN AN AMOUNT NOT TO EXCEED $25,624, CONSISTING OF A GRANT APPORTIONED BY MIAMI-DADE COUNTY, FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES ("EMS") PROGRAM ENTITLED "FLORIDA EMS GRANT PROGRAM COUNTIES"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FISCAL YEAR 2010-11 EMS COUNTY GRANT C0013 LETTER OF UNDERSTANDING/AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL OTHER NECESSARY DOCUMENTS, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND COMPLIANCE OF SAID GRANT. 11-00472 Summary Form.pdf 11-00472 Letter - Miami -Dade Fire Rescue .pdf 11-00472 Letters -Florida Department of Health. pdf 11-00472 Email - Miami-Dade's County Grants.pdf 11-00472 CSFA State Fiscal Year 2010-2011.pdf 11-00472 Certification- Pre -Legislation Miami -Dade County. pdf 11-00472 Legislation.pdf 11-00472 Exhibit 1.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-11-0268 Chair Gort: RE.4. Deputy Fire Chief Reginald Duren: Good morning. Reggie Duren, deputy chief Fire -Rescue. RE.4 is a resolution of the Miami City Commission establishing a new special revenue project entitled EMS (Emergency Medical Services) County grant, in an amount not to exceed $25, 624; City of Miami Page 23 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 RE.5 11-00203 Department of Capital Improvements Program consisting of a grant apportioned by Miami -Dade County from the State of Florida Department of Health Bureau and Emergency Medical Services. Chair Gort: Thank you. Commissioner Dunn: Move it. Commissioner Sarnoff. Second. Chair Gort: It's been moved by Commissioner Dunn, second by Commissioner Sarnoff. Any discussion. Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY'S") AMENDED 2010-2011 MULTI -YEAR CAPITAL PLAN ("PLAN"), WHICH INCLUDES THE PROJECTS IN DISTRICT3, ATTACHED AND INCORPORATED, AS REQUIRED BY SECTION 163.3177, FLORIDA STATUTES (2010), AND PURSUANT TO CHAPTER 18/ ARTICLE IX/DIVISIONS 1 AND 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/FINANCIAL POLICIES/ANTI-DEFICIENCY ACT/FINANCIAL INTEGRITY PRINCIPLES," TO SET FORTH THE CITY'S FISCAL NEEDS FOR CAPITAL IMPROVEMENTS, SUBJECT TO AN ANNUAL PLAN REVIEW, TO DETERMINE PROJECT PRIORITIES AND TO MODIFY FUNDING ALLOCATIONS AS NECESSARY. 11-00203 Summary Form.pdf 11-00203 Legislation.pdf 11-00203 Exhibit 1.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez Note for the record: Item RE.5 was deferred to the Commission Meeting scheduled for July 14, 2011. Chair Gort: I think the -- RE.5, we have to wait. [Later..] Commissioner Gort: We left -- we got Planning & Zoning. Do we have anything left from the --? Commissioner Sarnoff. We do. Priscilla A. Thompson (City Clerk): Yes. Chair Gort: We do, oh. Commissioner Dunn: REs (Resolutions). City of Miami Page 24 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Ms. Thompson: On your -- Chair, on your regular agenda -- Chair Gort: Yes. Ms. Thompson: -- you had RE.5 and RE. 6 left. You did table those. Chair Gort: Okay, RE.5. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: RE.5 deals with my district. I can assure you we could go for many, many hours in this topic and l feel the more prudent and -- the more prudent way to act and at the same time being considerate of my colleagues is for me to defer this to the next Commission meeting -- Commissioner Dunn: Second. Chair Gort: Okay. Vice Chair Carollo: -- and hopefully Ms. Bravo and myself could get together with staff and organize this CIP (Capital Improvements Program) plan. Alice Bravo (Director, Capital Improvements Program): We're at your disposal. Vice Chair Carollo: Thank you. Chair Gort: Okey-doke. Thank you. Vice Chair Carollo: I move to defer to the next -- Commissioner Dunn: Second. Vice Chair Carollo: -- meeting. Chair Gort: Next meeting. It's been moved and -- Ms. Thompson: That's 7/14. Chair Gort: -- second. Moved by Vice Chairman Carollo, second by Commissioner Dunn. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: RE. 6. Vice Chair Carollo: I got to do a diaper change. I'll be back. Commissioner Dunn: Come -- don't go nowhere. Commissioner Sarnoff. Then maybe you don't want to hear RE.6. Chair Gort: Well, we need a full Commission for this one. City of Miami Page 25 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 RE.6 11-00506 Office of the City Attorney Commissioner Dunn: Pardon me? Need a full --? Chair Gort: RE.6. Commissioner Dunn: Want to -- so we're going to table it a little longer? Chair Gort: Let's table it a little longer. Commissioner Dunn: Okay, going to table -- Chair Gort: Sony. Commissioner Dunn: -- it a little longer, yes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEYS FEES AND COSTS FOR THE ENGAGEMENT OF THE LAW OFFICES OF OSCAR E. MARRERO FOR REPRESENTATION OF CHIEF OF POLICE MIGUEL EXPOSITO AND POLICE MAJOR ALFREDO ALVAREZ IN THE CASE OF ORLANDO CORDOVES VS. AMERICATEVE NETWORK, INC., ETAL., PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 11-11738 CA 05; ALLOCATING FUNDS FROM THE NON -DEPARTMENTAL ACCOUNT CODE NUMBER 00001.980000.531010.0000.00000; FURTHER DIRECTING THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR THE NEXT CITY COMMISSION MEETING RELATED TO ADMINISTRATIVE POLICY MANUAL POLICIES, AS MAY BE CREATED BY THE CITY MANAGER, THAT DIRECTS THAT ANY ACTIONS OR DIRECTIONS DEVIATING FROM THE PUBLISHED ADMINISTRATIVE MANUAL POLICIES BY THE CITY MANAGER OR DESIGNEE(S) ARE REQUIRED TO BE IN WRITING, CLEARLY STATING THE DEVIATION . 11-00506 Memorandum Office of the City Attorney.pdf 11-00506 Legislation.pdf 11-00506 Exhibit 1.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-11-0274 Chair Gort: RE.6, I'd like to have full Commission for this one. [Later..] Julie O. Bru (City Attorney): Mr. Chair, RE.6 is a resolution that seeks authorization for the engagement of outside conflict counsel, the Law Offices of Oscar Marrero, for the representation of the Chief of Police Miguel Exposito and Major -- and Police Major Alfredo Alvarez, in the lawsuit of Orlando Cordoves versus America Teve Network, et al. We have been negotiating with Oscar Marrero andl believe that we've negotiated a fee that will not exceed 250 an hour. So the City of Miami Page 26 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 authorization would be for that representation and the expenditure of those funds which have been budgeted in the account that's indicated in the resolution. Commissioner Sarnoff. I'll make a motion. Chair Gort: Okay. Vice Chair Carollo: Second for discussion. Chair Gort: Move it to -- What was the motion? Commissioner Sarnoff. Oh, I'm sorry. Motion to approve, sorry. Chair Gort: Okay. It's been moved by Commissioner Sarnoff and second by Vice Chairman Carollo. Discussion. Commissioner Dunn: Go first? Vice Chair Carollo: No. I really want to know what my colleagues feel. I thought that the consensus pretty much last time was that this is something that has been, you know, prior practice and I would ask the City Attorney to, you know, elaborate on that. But it appeared that the issue was that they brought it in the last minute and we felt that it should have come to the regular agenda. So I just, you know -- Commissioner Dunn: Thank you. Vice Chair Carollo: -- again, I bring it up to my colleagues to make sure that that's the issue. Andl do want clarity from the City Attorney because I want fairness. Is this something that is done across-the-board with all City employees? Ms. Bru: Commissioner, I can tell you that I anticipated that something like that would be asked, and what I did is I looked at the last four and a half years. And over the last four and a half years, we have 60 cases, 60 litigation cases involving police wherein one or more individual officer has been named in the lawsuit and the Office of the City Attorney has provided representation so this is not an unusual situation. The only difference is is that this poses a potential conflict. Out of those 60 cases that I mentioned, I think we had -- and Warren, please, if you would take the podium -- I think we had one other case where we had a conflict that we hired outside counsel and that was in the Townsend case, and we did procure outside counsel for the former City Manager, the former Chief of Police. So normally, we handle these things in-house and we provide the representation. Indeed, I think currently we have two other cases where Chief Exposito is being represented by my office where he has been named individually in a compliant, so it's not an unusual circumstance that we represent the police officers when they're named individually. Commissioner Dunn: Mr. Chair. Chair Gort: Yes. Commissioner Dunn: And Madam Attorney, I think this, though, is no questionably in my mind different. It's different from the standpoint of president [sic]. It's different from the standpoint of principle, and it's different from the standpoint of policy. One, it involved several questions -- andl want to make -- just to respond to the question that my colleague, Vice Chair Carollo, asked. It involved the question of receiving permission -- I think that's where the begin -- that's the genesis of it. I mean, it's a long litany of things, which I'm not going to hold us up today with, but I do need to state some things for the record because I don't want us to leave -- oh, it's City of Miami Page 27 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 just like everything -- no, it's not. It's absolutely not like everything else. There was supposedly -- and I'll use the word supposedly -- an issue or memorandum of some sort ordered by the former City Manager, Tony Crapp -- and you know, I'm glad this morning we did some things retro or moving forward because we need to address some things involving a department head seeking permission to speak and a lot of the things that I believe were spoken came as a result -- my personal opinion -- of I'm going to say, recklessness. It's certainly a situation that we shouldn't be in, if that had been followed. That's just like ifI go out and say something that could be deemed a defamation of character about someone when I was in fact, you know -- at what point do you deem it defending a client when there is possible evidence of negligence and gross negligence and possibly insubordination. Now with that being said, I'll rest on that 'cause I want to come back to that. So I just want to state for the record that this, in my opinion -- I'm not a lawyer, but I do have common sense -- is not the same. I guarantee you those situations involving those 60 other officers, probably for the most part, involved possible how they handled a citizen or whether or not there was possible abuse of rights or violation of civil rights, those kinds of things, not someone going -- watch this -- repeatedly -- see, this didn't happen just one time -- on radio and television just pretty much saying what they wanted to say. I mean, so at what point do we as a legislative body say, you know what, moving forward -- and just like you made the motion today -- I would at some point want to make a motion that from this point on, we reorder or reissue that statement, Mr. City Manager, saying that no person can speak without your approval. Now supposedly there was an agreement by the former City Manager to allow the chief and Mr. Alvarez the right to say what they wanted. Now that -- I don't know. I mean, some things -- and then there's another question, but I'll deal with that a little bit later. There's some other questions I want to ask, but I just wanted to speak initially to the question that you raised. So in my opinion, it's not the same thing. What constitutes negligence? What constitutes recklessness? I mean -- and I'm trying -- I will go pretty much with the will of this Commission, but I got to put these things on the record because we need to set a principle and let's do it all across the board. I don't care if you're the police chief the fire chief nobody, you know -- and that's the message we -- as the legislators of the City at this time as the Commission, we need to send that message. We will support individuals when it's normal, but this is clearly, in my opinion, an abnormal situation because I would like to know -- andl don't want to know it now. But let's just ask, how many times did they go on radio? How many times did they go on television? Repeatedly. How many times were they insubordinate to our Mayor or to yours truly, Commissioner Dunn? Those are the kind of -- then -- and that's -- remember your issue this morning about, you know, not having that relationship that you so desire, desperately would like to have with the City Manager. That's where I'm at, and it's not personal, but it should be professional. You know, things happen in my district with other people that I'm not even privy to. That's disrespect. That's disregard. So my motto in life is, if you don't respect me, I'm not going to respect you. Commissioner Sarnoff.. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff.. I'll yield. Commissioner Suarez: Sure. Chair Gort: Commissioner Suarez. Commissioner Suarez: Thank you. I yielded to you earlier, so thank you. Commissioner Sarnoff.. That's true. It's quid pro quo. Commissioner Suarez: The reason why I didn't second it is for a variety of reasons, but let me begin by saying that I was a little bit perturbed -- andl was the one that seconded the motion to City of Miami Page 28 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 have it at this meeting versus done as a pocket item -- with us receiving a pocket item at the end of a meeting with an unknown amount in terms of an expense on the basis of a representation that, as far as I knew, was an oral representation that had been a contradiction from a prior oral representation. And you know, we have to start doing things here very, very formally, andl think, you know, that's part of the issue. One of the issues with the severance issue that came up earlier today was that we had a written policy in place and we should have been guided by that written policy, and if we've departed from that policy, why have we departed from that policy? Is there something -- is there some other reason why we have, or has the City Manager decided orally or ore tenus that now we're going to do it a different way? So I think we all have to start putting things in writing. I think that's part of the formality of being a professional. I have a few things I want to say. I want to thank, first of all, the City Attorney for basically listening to me in the last Commission meeting and doing a thorough analysis of what the relative rights are with all the parties included and getting me all the information, the transcript, the motions, et cetera, soI appreciate that. Andl want to highlight a couple of things that were said at that meeting because I think they are important and instructive as to what we have here before us. On the issue of -- and this goes back to putting things in writing and this goes back to -- this is actually something that I'm commending the City Attorney on as I reread the transcript. She says here that -- I'm reading from her transcript, the second page, and I provided you all with a copy of it. She says, because take a very conservative approach -- it's the second paragraph -- one, two, three, four, five, six, seven, eight lines from the bottom of the second -- from her first statement. "Because I take a very conservative approach that don't have the specific authority to spend money on a contract and hiring an outside counsel would be a contract unless you've approved it. So even though you've approved the budget amount from where I can draw funds, I don't believe that have the specific authority to pay someone unless you give me that authority. " And that goes to the issue that we were dealing with earlier today and being, you know, careful and cautious and bringing something to our attention when, you know, maybe someone can later on say that it's controversial. So I commend you for doing that and for bringing it to our attention. Where I feel that it was a good idea for me to have requested a deferral was because things were happening very rapidly. It was literally the last item and we were -- actually, I think we had already -- somebody had already made a motion to adjourn, if I'm not mistaken, and it was kind of halted and brought up. And the assertion that was made and the discussion that was ongoing in that discussion item had to do with whether or not the chief had the right to come back to us at a more expensive rate if he won the case and had we not provided counsel for him. And it says here in the two paragraphs below -- the third one on the page where Ms. Bru says -- well, there's a few things that she says here. "And quite frankly, the law regarding the representation of employees and elected officials is not that clear." I happen to der, but I'll explain to you my differences there. But it says here, "if you fail to provide counsel, then he has the right to come back and get reimbursed for whatever expenses he's incurred." Which means -- and which meant to us at the time that there's this discrepancy between what we've offered him, which has been a representation of $200 -- today now it's $250 an hour for an attorney. And if the people in question go and get their own attorneys at 500, $1, 000 an hour and are victorious in their lawsuit, then they can come back and charge the City for the difference. After that meeting where I was asked -- where I asked the City Attorney to actually do the legal analysis and provide me the law on this issue, she provided me with Florida Statute 111.065 Section 2, which states the employing agency of any officer has the option, the option to pay reasonable attorneys' fees and costs for any officer in any civil or criminal action commenced against such officer in any court when the action arose out of the performance of the officer's official duties. So I just want to clarify for the record that we were kind of giving -- being given the impression that we had an obligation to do this when in fact this is our option. We have a variety of different options that we can take, one of which is, for example, there's a motion to dismiss that's pending. If it's heard by the Court and it's successful, we can pay whatever attorneys' fees have been incurred after that motion is successful. When you go back to the Michelle Spence -Jones example -- and that's a criminal case. It's distinguishable from this case. This is a civil case. She was sued -- she was prosecuted criminally and she came back after she was victorious and we paid her legal fees. In that case I think we were obligated to pay her legal fees. In this case, we're not even City of Miami Page 29 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 obligated to pay for anyone's legal fees. In the examples that were given as to our precedent, there were citedl think in the last five years 60 cases where the City ofMiami has represented police officers. Out of those 60 cases, only 1 of those 60 cases the City ofMiami has actually had to advance fees and costs. The rest of those cases, the City Attorney represented those police officers. So there's only been one other example of a situation like this. I've been a stickler on this issue. This is not about the chief. He's been a long-time friend. This is not about Major Alvarez. I have absolutely no personal issues with them. This has been something that I've been a stickler on, when we talked about people being deposed for the SEC (Securities and Exchange Commission) lawsuit andl was reluctant to agree to paying their legal fees, when we discussed the item of you know, former Commissioner Michelle Spence -Jones; and now, in addition, what kind of bothers me about the whole thing is that, you know, this is an ongoing issue in the City of Miami right now. I mean, there's nobody here that can deny that this is not an ongoing issue. When it became public and when we were talking about it here, I specifically said that this had to stop, okay. And the reason why I said it had to stop is because at the end of the day it's not benefiting the residents of the City ofMiami, okay. This was done after that statement, okay. I made the statement and now it could cost the residents of the City ofMiami in dollars, okay. So, you know, that's -- you know, I have made very, very few comments on this dispute. I've made probably one in the media andl spoke to the chief about it in my office personally on a one-to-one, man-to-man basis of what I said. You know, I was not misquoted. I said what I said. I told him that I said what I said and that's how I felt. And that was it. I mean, he's been great with me. He has not -- I haven't had the same personal experiences that you've had in your district, andl said that from the beginning. Commissioner Dunn: You did. Commissioner Suarez: On the contrary, I've had, you know -- I love the team that I work with in my district. I have a great team. I communicate with them all the time. They're keeping me abreast of everything that's going on and I'm very, very happy with them. But you know, this is just a situation where, you know, I don't know, I think we have a lot of different options andl'd like to hear what the rest of my colleagues, how they feel about it. I don't think that we are necessarily boxed in to making a commitment to pay legal fees at this particular juncture. By the way, I've read through both of the pro se motions to dismiss. They were extremely artfully drafted, so ifI ever get into trouble in a civil lawsuit, you can both represent me because you guys are excellent pro se attorneys. I've read through the transcript. I've read the statutes. I've read the transcript of the other Commission meeting. You know, that's basically how I feel about it. I'd love to know how you all feel about it andl'd love to hear what your opinions are on it, but that's where I stand right now. Chair Gort: Mr. Sarnoff -- Commissioner. Commissioner Sarnoff. Well, to my junior colleague, I would suggest to him if he read footnote 4 of the Florida Statute he just quoted, he would see that the cases interpreting that say in no way does this statute change or supplement -- I'm sorry, change or modify the common law of the state of Florida. And the common law in the state of Florida is extremely clear that a police officer acting in the course and scope of his duties is entitled to seek indemnity from the employer for actions that he takes within the course and scope of his duties. So it's not the Florida Statute that has always concerned me. It is the interpretations to the Florida Statute that concern me. Footnote 4. Andl think ifI read -- I think we were provided copies of their letter. And if I'm not mistaken, I think they quoted the case in that letter. So let me just -- I'll say what I have to say and then I'll yield to you afterwards. Commissioner Suarez: Of course, of course. Commissioner Sarnoff. To Commissioner Dunn, I came into this Commission in what I would categorize as the most hostile city I've ever seen to me. Then Mayor Diaz mounted $850, 000 City ofMiami Page 30 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 against my $100, 000 in a campaign. Commissioner Suarez: I was there. Commissioner Sarnoff.. And trust me when I sat on this dais, not the Manager, not the City Attorney -- although he did start to become friendly -- nobody in this City in any way, shape or form was friendly to me. As a matter of fact, if you got him up on the dais, Commissioner Gonzalez once pulled the chief ofPolice off of my collar when he started to grab me. Very little known fact in this city. I was persona non grata. The only person that would even speak to me in this City was a small Commissioner far to the right, used to sat [sic] where you sat, named Commissioner Regalado. That was my introduction to the City ofMiami. Always on the end of a 4-1 vote; sometimes on the end of a 3-2 vote. Always talking about fiscal responsibility, but it certainly turned on a lot of deaf ears around here because, after all, I didn't know what I was doing. Wasn't respected. Now understand something, I would only have good things to say about Mayor Diaz. I would have only good things to say about the City. I think earned their respect. I think had to take it on the chin for a year, a year and a half but I stayed here and, nonetheless, that's where I find myself. With regard to this issue, the chief of Police or the very high brass are not going to be making arrests. If they are, there's something very wrong with the City ofMiami. But nonetheless, they're entitled to the same commitment and the exact same policy and procedures that we employ when an officer in the City ofMiami is either sued or are accused or any kind of accusation occurs. When there is a conflict and this City Attorney cannot represent them, we go out of our way and make sure that they are protected. And as we continue to cut their wages and their salaries and their compensation, I often wonder in my own mind why do they still do their jobs because it's certainly not as financially rewarding as it was. And now if we take away the shield that the City ofMiami should provide to them when they're accused of doing something -- and I'll be candid with you guys. I sometimes listen to Spanish radio. I'm not the greatest at Spanish, but it's my own lesson. I read very little of the transcript and it didn't seem to me like the chief ofPolice or Major Alvarez in way, shape or form repeated what the interviewer had to say what could have been the statement that we're all concerned about. But the moment that we make choices here -- I like that guy over there. That guy, Cruz, yeah, let's give him a defense. He's a good guy. Over there, Vega, I don't like Vega too much. He doesn't -- when he looks at me, I get a funny feeling about this guy. Let's not give him a defense. And the City Manager, I want something from him. So, Mr. Manager, I might give you a defense, but you know, I have a walll want to build. The moment you start making policy decisions based upon prejudice, based upon favoritism, based upon any inclination that you have as to why you're doing something, you've lost the rule of law. The rule of law here is very, very clear, andl think Madam City Attorney pushed the rule of law as she knows. The envelope went as far as I think she could go. I didn't think she had the right or the ability to choose counsel when the conflict exists. She's gotten other advice andl certainly am bending to that advice. I could tell you this. In my practice when somebody doesn't want to use me, they simply don't use me. They choose their lawyer. And there are many Florida Statutes out there -- I think the most sacrosanct right anyone has in this world is the doctor of their choice and the lawyer of their choice. Now they are yielding to the City Attorney of the lawyer of their choice for monetary reasons. I don't know how it went up from 200 to 250 between this meeting and the next 'cause I was shocked at the 200 an hour. I'm still shocked at the 250 an hour, to be candid with you. I think you still got a great deal. But you cannot take the cloak awayfrom any police officer in the City ofMiami, the cloak of knowing that when he's doing his job, whether it's arresting somebody, whether it is using his First Amendment rights and commenting upon what he thinks is a policy and procedure of the City ofMiami, when you take that cloak awayfrom that man, why does he do what he does? Because you know what, he's going to be sued, he's going to put his life estate at risk. He's going to have to pay his lawyer, and then he's going to come to us and say by the good graces, Commissioners, would you please compensate me for my $150, 000 fee, or whatever it is, whether it's a 10,000 fee, whether it's a 5, 000 fee. And that's not what employees sign up for. Employees sign up so that their master -- and that's what the old law mean -- it was employee servant and master servant law. So that when the master -- you serve your master -- I know this City ofMiami Page 31 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 is old, archaic law, but that's exactly what it is. When you serve your master, the master is there to protect you. Your master's resources are there to protect you. So putting it in perspective, when he goes out and does his job, when Alvarez goes out and does his job, when Vega goes out -- I'm just looking for cops out there. And they -- even if they arrest somebody and they wrongfully arrest somebody but they're under a good faith basis to do so, you better believe we're going to protect them. You better believe we're going to defend them. Because if we don't, who do we really get in the City ofMiami to be our police? Who's going to protect us? Who's coming to our home at 9 o'clock at night when there's a -- I was going to use your signals, but I don't know your signals well enough -- when your wife is outside in her bathrobe picking up the newspaper or something and there's a guy out there, who's coming to our house? Who's going to do it? Well, as soon as you start eroding that concept, as soon as you start eroding that theory, they'll come when they want and they'll come when they're good and ready to come. And l just can't believe this is a real issue for this Commission because it's not that we don't need the money. You've demonstrated time and time again. You've been consistent with money. Everybody here has been consistent with money. We heard today people getting hundreds of thousands of dollars in severance today, hundreds of thousands of dollars in -- Commissioner Dunn: And we voted -- Commissioner Sarnoff. Let me finish. Commissioner Dunn: -- to get it back too, Mr. -- Commissioner Sarnoff. Well, I don't know if we will or we won't. Commissioner Dunn: But we did, though. Commissioner Sarnoff. Well, I know what we did with -- Commissioner Dunn: Let me give you the respect, though. Go ahead. Commissioner Sarnoff. What we did was we stopped the bleeding in the future and we 're all sort of amazed that an APM (Administrative Policy Manual) didn't stop it to begin with. She may very well come back to us in the next Commission and saying have decided that a man who creates policy can change policy, and in which case we will not be getting that money back. There are certain precepts, certain principles that you just never erode from. You can never -- if you ask your police to put themselves in harm's way, then you better be there to back them up. And for fire, if you put them in a burning building, you better be there when the building does burn and make sure that that family's taken care of. None of us here put ourselves out there in that kind of exposure. And Commissioner Dunn, to you, you have a tough neighborhood, a very tough -- and you're a big man, but you're getting old. And let me tell you something -- Commissioner Dunn: We're the same age. Commissioner Sarnoff. I know, but you look older. I want you to know. Commissioner Dunn: You got to be kidding me. Commissioner Sarnoff. My point being -- I'm teasing -- but my point being -- Commissioner Dunn: Having fun, man. Come on. Commissioner Sarnoff. -- all of us go to the tough neighborhoods ofMiami 'cause we depend on those guys because we know they have our backs, because we know if something goes wrong, that we're going to be protected. And l just -- I'm a little bit, I guess, hurt because I can't believe City ofMiami Page 32 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 that we're discussing something about police and we're changing policy for the first time because that Vega, I don't know ifI like him too much. That Cruz, I kind of like him. We're making decisions based on preconceived notions. You know, I have never said a word negatively or favorably about this chief. This chief by my neighborhood's standards, has done me right and done District 2 right. The Mayor, by my neighborhood's standards, has done District 2 right as well. Some day maybe it'll come before us -- andl hope it does not -- but I'm never going to do anything but act as an impartial should that day ever arrive because I'm not going to prejudge andl'm not going to say a word about how I feel about anything because I'm going to be asked at some point to be a juridic body and make a determination based on the record before me then not based upon my prejudgments of anyone before. And anybody up here who's made statements prejudging should think hard, to my colleague to my left, about recusing themselves should that day arrive because you don't prejudge people. You judge them based on the record that's presented to us in front of us. Commissioner Dunn: Mr. Chair. Chair Gort: Yes, sir. Commissioner Dunn: First -- and you know how much respect I have for your legal expertise and acumen, tops. I did not prejudge the chief just for the record. I was one of the main supporters, just so we can put this on the table, of the chief and his administration. See how he's laughing now? That's what I'm talking about. I supported him. I went against the grain in the African American community after the first shooting. Went there with the chief called a meeting. So prejudging means to make a decision based upon preconceived notion. This is after the fact, and to be quite frank about it, eight shootings, seven deaths later in my district. I'm not saying whether they're all justified or unjustified, but I will say this. Some of the things that I asked the chief through the Manager, Mr. Carlos Migoya, through Mr. Tony Crapp, who was in the office then as assistant City Manager, with my chief of staff, Koteles Alexander, there -- and all was simply saying, look, chief we need to -- andl'm going to get to the point 'cause I want to get to this issue. But since you made a statement, I need to address it. It's not a prejudiced decision. It's based on what I've witnessed. It's based on what have to deal with day in and day out in the community. And so -- but that's not the issue that I'm dealing with. I'm dealing with the fact -- as my colleague, Commissioner Suarez, so accurately stated, this is after the fact, you know. I want to go by the law. I want to go by what is right, butl did see this same body put a stop to some of the bleeding moving forward, andl think that's what we need to be about. And I have some questions for the City Attorney. I understand that a determination was made -- and these are some of the issues -- andl stated that earlier. It's about principle. It's about president [sic], and it's about policy, not about prejudice, okay. I understand that a determination was made in response to your letter prepared for the chief that the chief comments were within the scope of his job. Is that correct? Ms. Bru: Yes, Commissioner. Commissioner Dunn: Okay. Now I thought that only the City Manager could make that determination. Is that correct? Ms. Bru: Well, my interpretation of the Charter is is that the Manager has the exclusive authority over the supervision and control of the chief so only the Manager can determine whether or not the chiefs conduct is within the course and scope of his defined duties. Commissioner Dunn: Okay. But what I see from the documents you provided is an authorization from Larry Spring, not the City Manager. Can you explain this? Ms. Bru: Yes, Commissioner. First of all, let me say that normally we don't go through a formal process of getting authorization from the Manager or the chief to represent an individual City of Miami Page 33 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 employee. I mean, we do that as a matter of practice, as a matter of course. There's a lawsuit that gets filed. The individual officers or employees are named and we do determine whether or not there's been any kind of disciplinary action, if the officer was acting in violation of policy. We contact IA (Internal Affairs) to make sure that there wasn't any finding that the officer was doing anything that would lead to a determination that his action was not within the course and scope of employment. But in this case because of the nature of the circumstances, I did reach out to the former City Manager and had various conversations with him wherein I asked him whether or not the allegations and the appearance in the TV program and all that was, number one, with his consent; number two, something that the Manager was aware of; and number three, whether the Manager determined that it was within the course of the chiefs duties to do that. And unequivocally, the Manager said yes. Now I also wanted to make sure that that was documented so I prepared a memo to the Manager, something that really I did just because this is such a sensitive issue -- prepared a memo so that the Manager could review the letter that was being drafted that was being proposed for the representation of the chief and that the Manager would okay it, and I didn't get something in writing from the Manager. I got it from Mr. Spring. And I asked the Manager, you know, why Mr. Spring had signed instead of him. Well, he wasn't here the day that the letter was signed and he also told me that Mr. Spring was at the time overseeing employees so that's why he had asked Mr. Spring to sign. Commissioner Dunn: So Ms. -- Madam Attorney, I'm really troubled by the fact that you're telling us that the City Manager conveyed to you verbally -- we're talking lawyers here and we talking -- I mean, everything you do verbally -- andl -- I'm just -- I got to drive that point home because, you know, that you verbally -- that he delegated his authority to Larry Spring to state that the chief comments were within the scope of his job by virtue of his authorizing you to send the letter. Is that correct? Okay, now this is my concern because the delegation is not in writing. I have nothing here to tell me what was delegated except your word, which I will accept. I'm going to accept your word. But my wife andl have been married for a quarter of a century. I don't think -- there's only one person on this dais that can trump that and that's my colleague, Chairman Gort. Twenty five years, one wife. And as pastor, I've counseled many couples. One thing I've found is that when you have a conversation verbally about doing something in any type of relationship, whether it be work or personal, three things can occur. One, you remember and you do it or not. Two, you forget about it. Or three, you disagree on what was agreed to. Andl cannot tell you how many disagreements -- andl'm going to go ahead and be transparent -- arguments that me and my wife have had in 25 years over what was verbally consented to. She saidl agreed; I said no. And so Madam City Attorney, I'm troubled that we have no written evidence of what was delegated. I'm really troubled by that. No written evidence of what was delegated by the City Manager. Again, this is no offense to you. I will accept your word, but I'm troubled because really accepting your word in the context of delegation of the City Manager's authority sets a bad president [sic], not personal. It's a bad president [sic], colleague, Commissioner Sarnoff, and that's what we got to be careful about. I'm also troubled because two people with earnest intentions can honestly disagree on what was exactly said. They can earnestly -- you know, they just thought one said -- you know, that's that old test when you start -- you tell a secret to one and by the time it gets to the end of the room, that thing is turned around three or four times. So they can honestly disagree on what was exactly said and therefore agreed to. Further, Madam City Attorney, if we were to take your advice, members of this Commission could possibly be placed, watch this, in the same peculiar position of reading in the Miami Herald or any blog on what we had to address this morning concerning Mr. Larry Spring and the severance pay -- or the issue of severance pay, which, you know, can really put us in a bad, bad position. It is my understanding that the idea of delegation of authority is treated very seriously, andl mean -- andl'm not -- anybody knows at this level it's not about what you say. It's what's written down. And so -- I just -- I'm really uneasy about this. I'm very much uneasy about it. I need -- I would urge somebody to convince me that we're not setting a bad president [sic], andl think we need to start sending messages here on this Commission because ultimately we gone -- and if we got to take it, let's take it. Let's be -- we've made strong decisions where we saidl don't care if it's the chief I don't care who it is. Let's set a president [sic] that we are City of Miami Page 34 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 going to be fiduciary responsible and we're going to make prudent decisions, not based on personality, but based on, as I stated, principle, president [sic], policy. In other words, we're getting ready to make a decision on he -say, she -say. Commissioner Suarez: Mr. Chairman. Chair Gort: Yes. Commissioner Suarez: Thank you. I don't think I've ever disagreed with my colleague on interpretation of a law since I've been here, but whatl was told -- first of all, the statute in its plain language seems exceedingly clear. It's one of the few times in the law that something seems exceedingly clear. But regardless of that, things do get muddled in the law, you know. There are famous footnotes. I agree with that. I would like the City Attorney to add some clarification because I was told that this statute was modified, okay, was amended and also, further, it was interpreted by a Court to mean exactly what I said it means -- exactly what it says it means. So, you know, I have to put you on the spot there, andl don't mean to put my colleague on the spot because he's a friend and a colleague, but you know -- and haven't disagreed with him many, many times, but -- you know, if I'm wrong, I'm wrong. It's okay. But that's not what I was told. Ms. Bru: Commissioner, I think for the second time today we're going to have four attorneys speaking on an issue. I think you previously hadBarnaby andEchemendia and -- Commissioner Suarez: Right. Ms. Bru: Commissioner Sarnoff has looked at the law because he himself was the subject of this kind of situation and he has an opinion. I've looked at it; I have an opinion. You've looked at it Commissioner Suarez: What's your opinion? Ms. Bru: -- you have an -- My opinion is that there is an ambiguity there. Now my esteemed colleague who has been litigated for -- litigating for many years sees it in a different way. He sees it -- Commissioner Suarez: How does he see it? Ms. Bru: -- in a more clear-cut way. Warren Bittner (Deputy City Attorney): I think the statute is very clear, that it gives you -- Chair Gort: Your name. Mr. Bittner: I think the statute 111.065 -- Chair Gort: I need your name, please. Mr. Bittner: Oh, Warren -- I'm sorry. Warren Bittner, deputy City Attorney. I think Florida Statute 111.065 is very clear, that it gives you the option that is inconsistent and repugnant to the common law. That's not my only opinion. That's the opinion of an appellate court in this state. I gave you a copy of that opinion when I briefed you. Commissioner Suarez: Thank you. Mr. Bittner: It is Florida Police Benevolent Association versus Miller, decided by the Fifth DCA City of Miami Page 35 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 (District Court of Appeals) in 1985. I have myself litigated this issue in the Sadler case andl convinced the circuit court judge that the common law had been deviated from. He agreed with me. We took it up to the Third DCA, and they PCA affirmed. So I am convinced that this is the way it reads. Now the Florida Supreme Court could one day decide that hogwash, the common law has not been -- it's not repugnant to the common law and you still have your common law remedy, but that -- from what we have in front of us, that's the way I interpret it. Commissioner Suarez: And look, we're really kind of -- I think we're really overplaying this issue on a variety of different levels because -- for two reasons. The first reason is all this means is that we have options and that's what was trying to say, that we have a variety of options. It doesn't necessarily mean we have to do one thing or the other. It just means that we have options, and that's not what we were told initially at the end of our Commission meeting, and that's one of the reasons why I wanted to study the issue because I wanted to know exactly what the law said. Okay, that's one issue. The second issue, I don't know to what extent want to actually comment on the -- on what my feelings are regarding the substance of the -- the merits of the case, as my colleague has kind of done. I kind of agree with him 'cause I have read the transcript. I have read the motions. And so what I'm getting at is I don't think our exposure is -- and we talked very little about this -- very great on this issue one way or the other. Even if -- given -- even if they had chosen attorneys of $1, 000 an hour, I don't think our exposure is huge because I think -- my personal opinion is that this will be resolved fairly quickly, okay. But -- Were you coughing for a reason? Shut up? Anyhow -- yeah. The point is that I just wanted to make the point clear that we had options. This has nothing to do with anything personal. This has nothing to do with me liking somebody more or less or any of that stuff, has nothing to do with protecting police officers. We're not protecting police officers, you know. That's totally irrelevant to this issue in my humble opinion. He knows, as well as I do, the personal relationship thatl have. I've known him for a long time and they have literally taken me out of my house when there were intruders in my house. So, you know, the nature of the debt of gratitude that have is essentially my life and that of my parents and my sisters, so it's not compensatable [sic]. But in any event, I just wanted the Commission to be clear that we had options, that we didn't have to act in a hurried fashion. I think the case has been well pled, okay. I think -- you know, I've read through the transcripts. I've spoken about -- I agree with Commissioner Dunn about the fact that we have to stop doing things on a whim. We have to stop doing them, particularly when they have financial consequences for the City, regardless of whether they're a lawsuit or a severance or whatever. Put things in writing. When they have -- You said it yourself very, very clearly, andl think you did a very, very intelligent thing. "Because I take a 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 approved it. So even though you've approved a budgeted amount from where I can draw funds, I don't believe that have the specific authority to pay someone unless you give me that authority. " And you were acting prophylactically, you were acting carefully, and I'm glad that you did that because it -- even though it's tough and this is tough and unpleasant for everybody, downstream it avoids a lot of problems and we're dealing with a problem downstream about an action that was taken that we didn't know about. So again, I haven't heard from Vice Chairman Carollo on this. You know, I don't know what the rest of the Commission wants to do. I'm just putting it out there, that we definitely have a variety of options, and that's it. Vice Chair Carollo: Two things. First of all, Madam City Attorney, do you feel the chief and Major Alvarez broke any rules? Ms. Bru: Vice Chair, it's not for me to say whether they broke the rule or not. The rules were articulated by the former City Manager in an APM that he prepared. There are specific rules that govern City employees citywide and then there were specific rules that governed the Police Department. My conversations with the former City Manager was that the Manager believed that no rules were broken and that's all I can do. I mean, it's not for me to judge what the Mana -- what the chief can or can't do in his office. But I can unequivocally tell you that the former City of Miami Page 36 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 City Manager did not believe that any rules were broken. Vice Chair Carollo: Okay. Second question is, you -- Commissioner Suarez, you keep saying we have options. Okay, what are our options? You know, where --? You know, 'cause I keep hearing you say we have options, we have options. Commissioner Suarez: You want me to tell you or would you like her to tell you? Commissioner Dunn: May I? Vice Chair Carollo: Either one. I just -- Commissioner Dunn: May I? Vice Chair Carollo: I -- Commissioner Dunn: I can answer that. Vice Chair Carollo: -- want to have everything on the table and so forth. I mean, it does seem to me that the chief acted within his scope of his duty according to, you know, what the City Manager has said and he's been sued. And in the past, whenever an employee acts within his duty and they are sued, then the City goes and, you know, either pays for their attorneys or represents them or has some type of representation. So I just want to see sort of what, you know, Commissioner Sarnoff is saying, why are we deviating. And when you're saying there's options, okay, what are the options? Let -- you know, I'm open-minded. Commissioner Dunn: May I? And this is a friendly amendment that I hope the motion and the second would consider. In principle, I will support the motion only if my colleagues would also support adopting an ordinance, which I will work with the City Manager -- I'm sorry, City Attorney, to expressly provide that the City Manager can only delegate his or her authority in writing. I will -- in other words, I will support that -- the motion if they would consider changing it. If not, then I don't mind. I'll vote against it. It doesn't matter to me. Vice Chair Carollo: State it again. Let -- you know -- Commissioner Dunn: Okay. I will support -- in other words -- let me put it in layman's terms, then I'll say it. In layman's terms, I want to stop the bleeding so it won't be a question about whether or not he said it or she said or he said it or he said it. And just like we did this morning, we put something in place moving forward. So what am saying, I will proffer a motion that will support this only if the motion and the second agrees to support adopting an ordinance, which I will work with the City Attorney, to expressly provide that the City Manager can only -- just moving forward -- delegate his or her authority in writing. In other words, I'll support it. Commissioner Suarez: I don't have a problem with that motion. Vice Chair Carollo: Yeah. I mean, in all fairness -- Commissioner Suarez: That's a good motion. Vice Chair Carollo: Yeah. Now I just want to -- I need a few minutes to, you know -- Commissioner Dunn: Sure, sure. Vice Chair Carollo: -- think about it and so forth because I'm looking at, you know, are there any potential pitfalls. In other words, it seems like -- it seems to me like, let's say, the chief wanted to go on the radio, he would have to e-mail, you know, put it in writing to the City City of Miami Page 37 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Manager and the City Manager would have to e-mail back -- Commissioner Dunn: Approving it. Vice Chair Carollo: -- approving it. Now -- Commissioner Dunn: Or disapproving it. Yes. Vice Chair Carollo: -- where I'm concerned -- I don't have a problem with that. Commissioner Dunn: Good. Vice Chair Carollo: Where I'm concerned is where do you draw the line? Where is it that --? You understand? Chair Dunn: I'm not an attorney. When it falls within the scope of his duties. Commissioner Suarez: But Mr. Vice Chairman -- Commissioner Dunn: Go ahead. Commissioner Suarez: -- ifI may. I think the issue here is -- and it's the same issue as what we had with the prior -- Commissioner Dunn: Same thing. Commissioner Suarez: -- memo. Commissioner Dunn: Same thing. Commissioner Suarez: You have a writing -- you have a policy -- Commissioner Dunn: Come on, guys. Same thing. Commissioner Suarez: -- a written policy. If you're going to deviate from that policy, it should be in writing. It's that simple. It's not complicated. Commissioner Dunn: Same thing we voted on this morning. Commissioner Suarez: If you're going to deviate from that policy, it should be in writing. Commissioner Sarnoff. Well, here's your problem with that. Because how many contracts have you seen that say all modifications to this contract shall be in writing? Commissioner Suarez: In my -- Commissioner Sarnoff. All of them, right? Commissioner Suarez: -- particular line of business, every single one. Commissioner Sarnoff. Every single one. Commissioner Suarez: And there's a reason why 'cause there's something called a statute of frauds which says that no document that is not in writing is enforceable in a court of law when it has to do with the -- City of Miami Page 38 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Commissioner Sarnoff. Well, I'll give you the doctrine of par performance. I'll give you the doctrine -- I'll give you four exceptions to that. Commissioner Suarez: Right. Commissioner Sarnoff. We're not going to get into that. How many times in your life have you seen a person deviate from the language where it says this amendment shall be in writing because somebody says to someone, look, I don't have time to put it in writing. I'm asking you to trust me. Please do this. I litigate that every day. And you know what the law is? All contracts that say they must be in writing, all modifications, are subject to oral changes. That is the rule of law. You're asking the City Manager to run a 4, 000 person environment and he -- you're getting questioned, you're getting told things, and a lot of what you do is by delegation. I give you all the credit in the world. If you could sit there with a iPad, one of those memo pads and say, all right, tonight I have to write down every delegation I had to do to everyone because I didn't have time to hand it at the same time. And secondly, let me just say the second thing. You will find yourself reversed so fast by any reasonable three people in the ThirdDCA on a first amendment gatekeeper privilege. He cannot be the gatekeeper of the first amendment. Commissioner Dunn: But -- Chair Gort: IfI may -- Ms. Bru: Commissioner. Commissioner Dunn: Yeah, go ahead. Chair Gort: I think it's very important that we don't set a precedent in here. I think we have to give the message to public safety individuals that we will back them up in the scope of their duties. But at the same time, we have to make sure that the -- they're performing with the scope and duty for the City ofMiami and they're speaking on behalf of the City ofMiami 'cause I don't want to set a precedent where anybody can go to a radio station, say the wrong thing, and we being sued and we have to pay for it. Somehow we have to make -- and don't believe the -- that ordinance asking people to check with you. I think people should know. They should address City business and they should not deviate from that, and they have to be very careful when they speak to the public. We are. We have to. Whenever we get questioned and whenever we get an interview, we got to be very careful in our statements. We've been warned here many times during the Commission meetings, be careful when we have a case in front of us, what you say. You have to be very careful. Somehow I don't want to start a president [sic] that the -- anyone can go anywhere and speak something which is not relative to the City ofMiami or to his duty and then they get sued and we get sued. This is something that we have to look for solution for this, andl agree with the statement. We have to make sure that we -- we taking a lot of tough decisions. We have to continue to do so. I think we need to support our people, let our employees know we're going to support you. We're going to be behind you, but you got to act within the duty of the City ofMiami performance. I think that's very important. Commissioner Suarez: Can I --? Chair Gort: Now I don't know what the -- I'm not a lawyer. I don't know what the wording is, but we need to make sure that this type of things do not happen with all the employees. Vice Chair Carollo: And if may -- Chair Gort: There's got to be a policy. City ofMiami Page 39 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Vice Chair Carollo: -- just for clarity. Commissioner, do you mean with -- I guess as an APM, with this rule as far as going to the media that whenever -- or do you mean across the board with every APM? 'Cause that's where -- Commissioner Dunn: This issue we're talking -- Vice Chair Carollo: I don't know how you could put everything in writing. Commissioner Dunn: Okay. Vice Chair Carollo: Now every time that someone wants to go to the media, you have to get that in writing, okay. Commissioner Dunn: No. I'm talking about delegation of authority versus permission. That is the tenet of what our discussion is about today, delegation of authority versus permission. We're basing it now -- we're going to make a decision based on verbal agreement of who was delegated authority. Vice Chair Carollo: So in other words, delegating authority meaning he delegated the authority to Larry Springs [sic] to actually -- Commissioner Dunn: But it has to be in writing -- Vice Chair Carollo: -- sign -- Commissioner Dunn: -- moving forward. Vice Chair Carollo: Gotcha. So what -- Commissioner Dunn: I'm sayingl will support where we are. It's nothing personal. Vice Chair Carollo: So -- Commissioner Dunn: I'll support. But moving forwardfrom here on out -- Vice Chair Carollo: -- realistically, it's not permission. What you're saying is delegating authority. In other words, I'm allowing Larry Springs [sic] to deal with this issue and sign off on it and so forth. Commissioner Dunn: Right, but through the City Manager, now moving forward. Just like we did -- it's pretty much what we did this morning. It's principally what we did today. Commissioner Suarez: Mr. Chairman. Vice Chair Carollo: Now let me ask you something. Ms. Bru: If I -- Vice Chair Carollo: Go ahead. Ms. Bru: -- may. Maybe I can bring a little bit of clarity -- Commissioner Dunn: Okay. Ms. Bru: -- to what the Commissioner is saying. I think the Commissioner has an issue with the City of Miami Page 40 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 fact that there was a memo of Law that was sent to the Manager who, in the Charter, is the only person that can determine, supervise, and control the chief of Police, and yet the response came from someone else. Commissioner Dunn: Yes. Because, in fact, Mr. Martinez was acting City Manager that day. Just want to throw that on the record. Ms. Bru: And I think if the Commissioner wants to formalize some kind of policy, you know -- the Charter does speak about the City Manager is the only individual in the City that can execute contracts, notes, other evidence of indebtedness, so he is -- the Manager is the only person in the City that can bind the City in writing with respect to an official document. However, the Charter also says the City Manager or his designee. So I think what the Commissioner wants is that -- a formality that from now on if the Manager is going to have a designee, that that designee be identified in writing and that the Commission be informed as to when the Manager has identified a designee who's going to be taking action on contracts, notes, documents. Commissioner Sarnoff. But you're -- so you're saying that every time he designates somebody to act in his stead, it's going to be in writing. Ms. Bru: Not act, but have -- execute an official document, such as what was given to me. Commissioner Sarnoff. Execute -- Commissioner Suarez: That's extremely prudent. Commissioner Sarnoff. -- an official document. Isn't everything he executes an official document? Ms. Bru: Well -- and believe me, he does a lot of that all day long because I always initial what he signs, but if he's going -- Commissioner Sarnoff. I'll tell you what, Mr. Manager, I strongly urge you reconsider becoming Manager 'cause if this is the obligation that we're going to put on you today, you are doomed to failure. Commissioner Dunn: He'll be all right. Commissioner Suarez: Mr. Chairman, ifI may. We've kind of gotten off topic. Let me just -- if you don't mind, Mr. Chairman. Chair Gort: Go ahead. Commissioner Suarez: Let me just finish what my -- to answer the Vice Chairman's question, and then I'm going to finish this -- my part of this, how I feel about it. There's three options. We have at least three options, if not four. Option number one is we can pay the fees upfront, as we are being recommended to do. Option number two is we can pay the fees after the case has been disposed with. And option number three -- actually, if he wins or if he loses the case, if they win or if they lose the case. We could still pay the fees if they lost the case. And option number four and five is we don't pay the fees regardless of whether they win or lose the case. I'm not in favor of that option. But we have here -- at least three of us here today have almost made a judicial determination, which is going to be made, by the way, in two weeks or a week and a half. So what I don't understand is how much egg would we have in our face right now if we all here said, you know, he was acting in the course of his employment and a judge, in four day -- in fourteen days says he was not acting in the course of his employment. That's a judicial determination. So we have now paid for the fees of someone or of people or of employees that a judge has decided City of Miami Page 41 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 is -- was not acting in the course of their employment. Are you guys willing to do that? If you're willing to do that, we can go forward with that. Vice Chair Carollo: Yeah. But -- I haven't read the lawsuit, but I disagree with that and I'll tell you why. Commissioner Suarez: Sure. Vice Chair Carollo: Andl could be wrong, you know. And that's why, you know, I think it's so healthy to have discussions. I think the determination won't be if he acted within his purview within his employment. I think it will be more of whether what he said was true or not. Commissioner Suarez: There's -- Vice Chair Carollo: Whether -- and again, I haven't read it. Commissioner Suarez: Right. Vice Chair Carollo: Whether it was, you know, a wrong statement, whether he accused someone Commissioner Suarez: Yes. Vice Chair Carollo: -- erroneously and so forth. Commissioner Suarez: Right. Vice Chair Carollo: The determination from what I've seen is not whether he acted, you know, within his employment. Commissioner Suarez: It's both. It's both. If he -- what he said was true, that's an ultimate defense to libel. If what he said was within the scope of his employment, he has unqualified immunity. So it doesn't matter with -- whatever he said was true or not. He has immunity from a civil lawsuit. Vice Chair Carollo: (UNINTET,T IGIBT ,F) as a police officer, you act as good faith -- Commissioner Suarez: Exactly. So what I'm saying is if a judge decides in 14 days that he did not act in -- or whenever the motion for a summary judgment, if it doesn't -- if the case isn't dismissed at the dismissal level, we're going to have made the judgment that we're going to pay for these fees and then if a judge later -- I'm not saying he will. In fact, I've said exactly the opposite and a few of us here have said exactly the opposite. But if he -- you know, if a judge rules later that he was not acting within the scope of his employment, we would have paid for fees for someone who wasn't acting within -- according to the judge -- and of course, that's appealable and then appealable and then appealable. And then there's a questions as whether we should pay for the appeals. Should we pay for the appeals of the appeals and all that good stuff all that fun stuff. So -- Commissioner Dunn: Mr. Chair. Commissioner Suarez: -- that's it. I'm -- Commissioner Dunn: May I? I think -- given the discussion that we had this morning, I think this is a fair approach and it shows consistency that at least we can establish some principle about how we do business in the City ofMiami. And all we're simply saying is -- and I'm saying City ofMiami Page 42 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 is I will support this, but it has to -- only if my colleagues would also support adopting an ordinance which the -- which will expressly provide that the City Manager can only delegate -- it's a simple thing -- his, if it's a female, or her authority in writing. If that had been done, we would not be discussing this right now. I promise you that. Chair Gort: Let me ask a question. I see where you're coming from. Commissioner Dunn: Simple. Chair Gort: The question is, can you create an ordinance that specin, a case where the Manager had to determine if the person was acting on the scope of his services within the City ofMiami? In other words, it doesn't have to be any time he delegates because a lot of times he's -- he gets up and he puts somebody in that chair because he's got to go somewhere so he puts somebody in that chair 'cause he -- Commissioner Sarnoff. Make sure it's in writing. Chair Gort: -- so it's a different -- Vice Chair Carollo: And that's where I want to be pragmatic. Chair Gort: And that's where we have to be very pragmatic about it. Vice Chair Carollo: Yes. Chair Gort: In other words, can the ordinance be drafted where -- in a case like the case we having today, that the scope of services has to be signed by the Manager that he believes that the performance was done with the scope of services within the City ofMiami and if he's not available to assign someone for that case. Ms. Bru: You know, I really have to think about that because having been a litigator for many years in the City, I can tell you that we get sued all the time. The City gets sued, individual employees get sued, and part of the lawsuit, another count in the lawsuit will always be that the individual was acting willfully, this and that. And then we have to analyze. We take on the defense of the City. We have to see whether there's a defense that's -- that would be inconsistent defending the individual, defending the City. Chair Gort: Let me see ifI can help you. I'm not an attorney. Let me see ifI can help you. The scope of services being performed by a police office [sic] or an employee is taking certain actions. Going to a radio station or TV station and making statements that can be coming back to us, I think the determination has got to be made -- I mean, the question here today, what everybody's asking, is was that within scope of services and that's what we're getting at. I'm (UNINTELLIGIBLE) about every lawsuit because I've looked through the records that you sent me. We have quite a few of them andl can understand that. But to determine if it was acting within the scope of service. Every time a police officer or firefighter or any one of the employees gets sued, that we're acting with the scope of services. Commissioner Dunn: Mr. Chair, I -- please, I think got it. In -- especially in light of the fact when an APM went out by the City Manager to all department heads to expressly get consent. That was done in written manner. Now we're hearing about all these verbal agreements that came after that. Vice Chair Carollo: Commi -- Mr. Chairman -- Chair Gort: Yes. City ofMiami Page 43 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Vice Chair Carollo: -- if I may. Commissioner Dunn, I see the intent of what you're doing and it doesn't seem bad. I'm just looking at the pragmatic part. And let me give you an example. Let me give you an example which we see today. City Manager's there on the dais. He steps off. Mr. Cabrera takes over. That's not in writing. So anything that Mr. Cabrera does, technically it's out of order or -- I don't know what's the technical word. And that's where the pragmatic -- I'm seeing. And that's where -- if you would say, yes, just on TV interviews or radio and TV interviews and stuff like that, I can see, but then -- Commissioner Dunn: Let's do it. Let's do it. I'll do that. I'll do that. Vice Chair Carollo: But here's my thing -- Commissioner Dunn: I'll do it. Vice Chair Carollo: -- where do you draw the line because every time Mr. Martinez -- let's say he goes to the bathroom. Commissioner Dunn: I just answered -- I'll do it. Vice Chair Carollo: You know, that's where -- Commissioner Dunn: I will modify my motion to state that. Andl think we're being -- we're simpliing it. We know when the City Manager steps off the -- Again, this came after an APM was written. All -- and all of us received that APM, so -- You understand what I'm saying? Vice Chair Carollo: No. Exactly. And you know what, I don't necessarily disagree with you. I just want to see, okay, you know what, it's always to have it better in writing, all attorneys will say that, but where do you draw the line where it's not pragmatic. And l just gave you a perfect example. Every time -- Commissioner Dunn: When there's a reversal of a previous -- now, when there's a reversal of the previous APM that was written. Vice Chair Carollo: Yeah, okay. Commissioner Dunn: Okay, that's it. Chair Gort: Excuse me. We have four attorneys. I'm sure you understand what we're trying to do. I think you can come up with an ordinance. Vice Chair Carollo: If we could come up with the language and would definitely also, you know, ask my colleague, Commissioner Sarnoff, to be part of the discussion as far as something that maybe he could get comfortable with because I don't think it's a bad ordinance or a bad rule. I just really don't see, pragmatically, how it could work. So that's where -- Commissioner Sarnoff. Well, think -- Vice Chair Carollo: -- you know. Commissioner Sarnoff. -- about this. I hear what you're saying. Think about this. Whenever -- he hasn't had the chance to go away yet. But whenever Tony left, he would always issue a memo telling us who had the authority. That's nice. That's good. That's comfortable. As you would say, does he have -- can you do this? I've seen you question that before. City of Miami Page 44 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Vice Chair Carollo: No. What I questioned is that in the charter it stipulates that it -- Commissioner Suarez: It sure does. Vice Chair Carollo: -- needs to come back to us for us -- Commissioner Suarez: It sure does. Vice Chair Carollo: -- to ratin, it. Commissioner Suarez: It does. Commissioner Sarnoff. Fair enough. And that -- now you bring up an issue, okay. Commissioner Suarez: That's a legitimate issue. Commissioner Sarnoff. So having said that, I certainly understand absence from the jurisdiction. But you think about our charter. It was written essentially 1947/48 when there were what, 100, 200 people? Maybe not even that many. Think about every delegation of authority he gives on a daily basis. People running up to him and say what do you want to do? Do this. He's just delegated authority because he is the person that is in charge. You are guaranteeing this man's failure and the next man and the next woman and the next whatever. You cannot put them in those kind of handcuffs. Now you want to create an ordinance that says any deviation of an APM must be in writing -- Commissioner Dunn: That's what I'm saying. Commissioner Sarnoff. Wait, wait. Commissioner Suarez: That's what I'm saying. Commissioner Sarnoff. That's a little bit different because you've -- Commissioner Suarez: That's what I'm saying. Commissioner Sarnoff. -- established -- Vice Chair Carollo: That's why we discuss. Commissioner Sarnoff. -- a de jure policy, a policy that somebody has taken the time to write down, versus a de facto policy, and you have made a determination that this is so important to me and so important to the City that here it is in writing. Now I cannot deviate from this unless and until I put that in writing. Commissioner Suarez: And by the way, you can -- I'm sorry -- Vice Chair Carollo: And that's why -- Commissioner Suarez: -- to interrupt. Chair Gort: That's what we're all saying. Commissioner Suarez: You can even revoke it. Commissioner Sarnoff. Is that what you guys are saying? City of Miami Page 45 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Vice Chair Carollo: Yes. Commissioner Suarez: You can even -- by the way -- Vice Chair Carollo: And that's why discussion is healthy. Commissioner Dunn: That's it. Commissioner Suarez: -- you can even revoke it in writing and say look, if you want to operate without an APM and that -- and the (UNINTELLIGIBLE) of that because you're -- like you said, you're putting things in writing. You are essentially putting procedures in place that you have to bind yourself to. You obviously have the authority to revoke those procedures and you just put something in writing that says -- Commissioner Sarnoff. You're just asking that it be put in writing. Vice Chair Carollo: Yeah. Commissioner Suarez: I mean -- because what has happened today alone, just today alone we've had two examples -- Commissioner Sarnoff. I -- Commissioner Suarez: -- of people deviating from APMs based on verbal instructions. That's just today. Chair Gort: Yeah. Commissioner Dunn: Exactly. Commissioner Sarnoff. And you know what, you can always -- and here's why it works. You can always deviate from the APM and later that afternoon draft your new APM or draft your deviation, so to speak, so that's why that does work. But -- Chair Gort: Right. Commissioner Sarnoff. -- let's not kid ourselves; this man delegates every five minutes. Vice Chair Carollo: Right. Commissioner Suarez: Right. Vice Chair Carollo: So -- Commissioner Suarez: I think that -- yeah. Vice Chair Carollo: Now do we have consensus when we put -- when we add in from an APM any deviation -- Commissioner Sarnoff. I actually -- Vice Chair Carollo: --from there? Commissioner Sarnoff. -- that's a great law. City of Miami Page 46 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Vice Chair Carollo: Yeah. Commissioner Sarnoff.. That's a great policy. Vice Chair Carollo: And let me tell you something. It goes back to what I keep saying. Discussion is healthy, debate is healthy, and that's why, you know, I have always said it. I am extremely proud of this Commission because we stay here and we debate and we continue and we debate and we all sit here. And you know what, towards the end, we end up at consensus, you know, and this is the way, you know, government should work. Commissioner Dunn: And just to state for the record to my dear colleague. IfI was prejudiced or personal -- if this were -- I would not be voting on this at all. So I am vote -- no, I'm just talking about -- Vice Chair Carollo: I got you. Commissioner Dunn: So I want to make it work where it's fair to the employee, no matter what. Chair Gort: Yeah. Vice Chair Carollo: Now I just want to make sure that we put it -- we state it correctly for the record as far as, you know, what the amendment is going to be. Chair Gort: Maker of the motion. Commissioner Sarnoff.. I think -- yeah. I think -- well, I can help him if he doesn't mind. I'll do the maker. We are moving to -- oh, this is my motion. I'm moving to approve a resolution of the City of Miami Commission authorizing the expenditure of attorneys' fees and costs for the engagement of the Law Offices of Oscar E. Marrero for the representation of Chief of Police Miguel Exposito and Major Alfredo Alvarez in the case of Orlando Cordoves versus America Teve Network, Incorporated. Equally, asking the City Attorney to bring before this Commission at the next Commission meeting an ordinance that requires any deviation by the City Manager from an issued APM must be in writing. Commissioner Dunn: (UNINTET,TIGIBT,F) Chair Gort: Okay. Does the amendment -- or the seconder of the motion accept the amendment? Vice Chair Carollo: Yes. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. RE.7 RESOLUTION 11-00503 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Clerk ATTACHMENT(S), OFFICIALLY ACCEPTING THE ATTACHED CITY CLERKS CERTIFICATION OF THE MIMO BUSINESS IMPROVEMENT COMMITTEES PETITION PROCESS FOR CREATION OF THE MIMO BUSINESS IMPROVEMENT DISTRICT. City of Miami Page 47 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 RE.8 11-00515 11-00503 Interoffice Memo - Certification of MiMo BID Process.pdf 11-00503 ExhibitA.pdf 11-00503 legislation. pdf Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-11-0269 Chair Gort: RE.7. Commissioner Dunn: Can we -- Mr. Chair? Chair Gort: Yes. Commissioner Dunn: Can we table it until after --? Chair Gort: That's what I'm saying. Commissioner Dunn: Oh, that's what I'm saying. Yes. Chair Gort: Yeah, yeah. RE.7. Commissioner Sarnoff.. Madam Clerk. Chair Gort: It's your item. Priscilla A. Thompson (City Clerk): Okay. I'm sorry. Sorry. We have placed on the agenda the certification for the MiMo (Miami Modern) Business Improvement District petition process that was, as we were instructed to do, by Resolution 10-0559. We have presented our certification report. The numbers show that there were not enough positive responses of affected properties so that this particular certification process did not pass. It failed, but -- Commissioner Sarnoff.. So -- Ms. Thompson: -- I do need you to accept that certification. Commissioner Sarnoff.. -- moved. Commissioner Dunn: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Dunn. All in favor, state it by saying iiye. " The Commission (Collectively): Aye. RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner Marc ATTACHMENT(S), ESTABLISHING A SPECIAL ASSESSMENT DISTRICT David Sarnoff AREA TO BE KNOWN AS THE MIMO BID AND AUTHORIZING THE LEVY AND COLLECTION OF A SPECIAL ASSESSMENT FORA PERIOD OF THREE (3) YEARS SUBJECT TO THE APPROVAL OF A MAJORITY OF AFFECTED City of Miami Page 48 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 PROPERTY OWNERS; PROVIDING FOR NATURE AND ESTIMATE OF BENEFITS TO BE PROVIDED; PROVIDING DETAILS OF ASSESSMENT PROCEDURES, PAYMENTS, AND STATUTORY LIENS; PROVIDING FOR PUBLICATION OF LEGAL NOTICE; AUTHORIZING AND DIRECTING THE CITY MANAGER, THE CITY CLERK, THE FINANCE DIRECTOR, AND ALL OTHER NECESSARY CITY OFFICIALS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO UNDERTAKE ALL NECESSARY ACTIONS AND PROCEDURES TO ACCOMPLISH THE PURPOSE SET FORTH IN THIS RESOLUTION IN ACCORDANCE WITH CHAPTER 170, FLORIDA STATUTES. 11-00515 Legislation.pdf 11-00515 Exhibit 1.pdf 11-00515-Submittal-Correspondence-Abed Mammoud-Objection to MiMo BID.pdf 11-00515-Submittal-Brickell Area Assoc. Resolution.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-11-0270 Chair Gort: RE.8. Scott Timm: Good morning still. Scott Timm, executive director ofMiMo (Miami Modern) Business Improvement Committee, 7100 Biscayne Boulevard. We think we've been gathering enough support from property owners and we'd like the opportunity to go back out to them one more time. We're not asking for any additional funding to do so, just an extension of time until September 30 to do another petition drive. Commissioner Sarnoff.. So moved. Chair Gort: Thank you. Commissioner Dunn: Second. Chair Gort: It's been moved -- Commissioner Dunn: Second. Vice Chair Carollo: Second. Chair Gort: -- Commissioner Sarnoff, second by -- Abed Hammoud: Excuse me. Chair Gort: -- Vice Chairman Carollo. Mr. Hammoud: Excuse me. Chair Gort: Any further discussion? Mr. Hammoud: No public -- Chair Gort: Yes. City of Miami Page 49 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Mr. Hammoud: -- hearing for this issue? Chair Gort: Resolution. Yeah, I'll let you speak, sir. Mr. Hammoud: And I thank you. My name is Abed Hammoud. I own property on -- a vacant -- Priscilla A. Thompson (City Clerk): I'm sorry. He -- I -- Chair Gort: You got to speak in the mike, sir. Mr. Hammoud: Oh, I'm sorry. My name is Abed Hammoud. Good morning, Commissioners and Chairman. Thank you for allowing me to speak to you. I own a vacant lot on 7500 Biscayne Boulevard. Andl am here today to express to you my disagreement and objection to that special assessment district to be known as MiMo (Miami Modern) BIC (Business Improvement Committee). I'm already paying very high taxes on a vacant lot that do not generate any income. I cannot afford to pay more taxes to MiMo BIC group that don't see any benefit from their services. The government collect from the property owner taxes to provide all the services that MiMo are proposing. We don't need to pay more for the services that we already pay for it. I would like to mention that other property owner disagree as well. If some property owner accept the assessment, it's their choice. And those who do not wish to participate should not be forced to accept the assessment and they shouldn't not be -- and they should be excluded from it. We need to keep in mind that the value of the property on Biscayne Boulevard had been damaged by imposing the historic district and the 35-feet height limitation. The MiMo Business Improvement Committee proposal should be limited in the number of time. They should not be able to keep coming back trying to collect new affidavit and petition every time. It should be limited to two times only, no more than that. It is not fair to keep forcing the property owners to give time after time with the same issue. They proposal was rejected three times already. It is the fourth time the issue come up to the Commission. It is not fair to people who cannot leave their work and come to the Commission to express their opinion. MiMo BIC are talking about the problems that may not be able to solve. Finally, I hope that Commissioner Sarnoff and Commission -- and all the Commissioners to treat the property owners with fairness. Thank you very much. Chair Gort: Thank you. Commissioner Sarnoff.. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff.. What was his name? What's your name? Mr. Hammoud: Abed Hammoud. Commissioner Sarnoff.. Mr. -- Mr. Hammoud: Hammoud. Commissioner Sarnoff.. -- Hammoud. Mr. Hammoud: Yes. Commissioner Sarnoff.. Mr. Hammoud, you'll obviously have your chance come to vote. But I want to caution you because there's some allegations. Don't know if they're true andl don't know if they're not true. So I'll take them -- I'll just take and put this out there. You should not walk around and you should not make any representations that you work for the government or City of Miami Page 50 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 that you in any way, shape, or form represent the government. If you do so, that would be a misrepresentation. Mr. Hammoud: I don't work for government. Commissioner Sarnoff. Understood. Mr. Hammoud: I didn't say that. Commissioner Sarnoff.. But if that is in fact going on -- Mr. Hammoud: It's my opinion, sir. Commissioner Sarnoff.. No. Your opinion is your opinion and you're perfectly -- you have two options. One, you can walk around all you want and you can try to sway people's opinion for a vote, not inappropriate. Mr. Hammoud: No, no. Commissioner Sarnoff.. You can come to this Commission and say exactly what it is we do right and wrong here. Absolutely, you're right. Third, you can vote. What you don't get to do is create a position you do not occupy. You do not represent that you are a County official. You should not represent you're a City official. Mr. Hammoud: No. I'm -- Commissioner Sarnoff.. Because that -- let me finish -- would clothe you with authority you do not have, and that may sway somebody's opinion or vote, and I'm just cautioning you. If you're not doing it, don't need to do anything. If you are doing it, that would be a misrepresentation and you should not be doing that. Mr. Hammoud: I mean, what I misrepresent to you. Chair Gort: Okay. Mr. Hammoud: I don't represent nothing here. I just said my opinion, you know, how I feel. Chair Gort: Thank you, sir. Thank you. Mr. Hammoud: I don't say something, you know, against nobody. Chair Gort: Thank you. Any further discussion? Commissioner Sarnoff.. All right. Chair Gort: All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Okay. Mr. Timm: Thank you. END OF RESOLUTIONS DISCUSSION ITEM City of Miami Page 51 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 DI.1 11-00396 Department of Finance DISCUSSION ITEM FINANCIAL STATEMENT PRESENTATION BY THE EXTERNAL AUDITORS FOR THE YEAR ENDED SEPTEMBER 30, 2010. 11-00396 Summary Form.pdf 11-00396-Submittal-Post Closing Entries by Fund-Septermber 30, 2010.pdf 11-00396-Submittal-Financial Statement Presentation. pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the record: Item DI I was deferred to the Commission Meeting scheduled for July 14, 2011. END OF DISCUSSION ITEM PART B: PLANNING AND ZONING ITEMS Commissioner Sarnoff. All right, so PZ.1, I guess. Chair Gort: RE.7. Commissioner Sarnoff. Oh, you're going to go -- We took RE.7. We took RE.8. Chair Gort: RE.8. Commissioner Sarnoff. We did D -- oh, no. Did we do DI [sic]? Chair Gort: That's deferred. Commissioner Sarnoff. Oh, deferred. Chair Gort: DI.1, deferred. Commissioner Sarnoff. Now you're going to open up your PZ (Planning & Zoning). Chair Gort: Well, we're going to open up the PZ agenda. Madam Clerk, you want to swear in the people? Maria J. Chiaro (Deputy City Attorney): The procedures for the Planning and Zoning agenda shall be as follows. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record only at the City Commission's discretion. Any person requesting action by the City Commission -- from the City Commission must disclose at the commencement or the continuation of the hearing on the issue any consideration provided or committed for an agreement to support or withhold objection to the requested action. All those wishing to speak -- before the agenda is heard, all those wishing to speak shall be sworn by -- in by the City Clerk. The staff will briefly describe the request, whether an appeal, exception, vacation, or other text amendment or a land -use change and make its recommendation. The appellant or petitioner will then present their request. The appellee will present its position. Members of the public will be permitted to speak on certain petitions. The petitioner may ask questions of staff. The appellant or petitioner will City of Miami Page 52 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 PZ.1 11-00416 be permitted to make final comments. Madam Clerk, you may swear in anyone who wishes to speak. Priscilla A. Thompson (City Clerk): Chair, ifI might make a request. Can I check to see if we have anyone who needs an interpreter? 'Cause if they don't, we can let our interpreters go. Ladies and gentlemen, I'm just checking with you to find out if anyone who will be giving testimony or speaking today on any item needs a Spanish or Creole interpreter. Does anyone need a Spanish or Creole interpreter? Thank you. If -- ladies and gentlemen, once again, if you are going to be testing on any of the P&Z items, I need you to please stand and raise your right hand so that I may administer the oath to you. Just one second. Chair, I think we have people outside. We want to make sure. If you are going to be giving any testimony on P&Z items, I please need to administer the oath. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADOPTING IN PRINCIPLE THE "SOUTH MIAMI AVENUE STREETSCAPE DESIGN PLAN" FOR USE AS A GUIDING TOOL FOR EXISTING AND FUTURE DEVELOPMENT, TO ENHANCE THE IMAGE, SAFETY, AND ECONOMIC VITALITY OF THE SOUTH MIAMI AVENUE CORRIDOR IN BRICKELLVILLAGE BETWEEN THE MIAMI RIVER AND SOUTHEAST 15TH ROAD, MIAMI, FLORIDA. 11-00416 CC 06-23-11 Fact Sheet.pdf 11-00416 PZAB Reso.pdf 11-00416 CC Legislation (Version 2).pdf 11-00416 ExhibitA.pdf LOCATION: Approximately the South Miami Avenue Corridor in Brickell Village between the Miami River and SE 15th Road [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Alyce Robertson, Executive Director, on behalf of Miami Downtown Development Authority FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on May 18, 2011 by a vote of 6-2. PURPOSE: This will adopt in principle the "South Miami Avenue Streetscape Design Plan". 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 53 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 R-11-0271 Chair Gort: PZ.1. Francisco Garcia (Director, Planning): Yes, sir. Item PZ.1 is a resolution of the City Commission. This item is presented to you for adoption in principle. This is the South Miami Avenue streetscape design plan. The Planning Department has reviewed it and recommends approval, and the Planning, Zoning and Appeals Board also has reviewed it and recommends approval to you. This item is being presented to you by the Downtown Development Authority. Alyce Robertson: Hi. Alyce Robertson, executive director of the Miami Downtown Development Authority. The plan that is before you is a plan that we developed to work with the County on redoing South Miami Avenue. We were asking for funding and then Commissioner Gimenez asked us to come up with a specific of how we were going to -- what would -- what did we want to see done. And so we hired the consultant and the basic goals of this is to make South Miami Avenue the entertainment and retail heart of Brickell area, update the public infrastructure, which has not been touched in 30 years -- they have not redone South Miami Avenue -- and to integrate bicycle and pedestrian friendly pathways through South Miami Avenue, as well as integrate with our signage and way finding system that we're working on to put in place throughout the downtown area. So what you see before you is a -- the concept plan. You have an item later on your agenda, Brickell CitiCentre, that will -- that has adopted into their design a lot of the elements that are in the South Miami streetscape design. So I'd ask for your approval on this issue. Chair Gort: Okay. It's a public hearing. Is anyone like to address this issue? Close the public hearing. Commissioner Sarnoff. So move. Commissioner Dunn: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Dunn. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Robertson: Thank you. Chair Gort: Thank you. PZ.2 RESOLUTION 10-00581mu A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE APPLICABLE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR THE CITY CENTER PROJECT, TO BE LOCATED AT APPROXIMATELY 100 NORTHWEST 12TH STREET, 1120 NORTHWEST 1ST AVENUE, 105 AND 113 NORTHWEST 11 TH TERRACE, AND 1129, 1135, 1145, 1151, AND 1159 NORTHWEST 1ST COURT, MIAMI, FLORIDA, TO CONSTRUCTAMIXED-USE RESIDENTIAL COMPLEX COMPRISED OF TWO 27-STORY TOWERS WITH A 9-STORY PODIUM -PARKING GARAGE AND A TOTAL MAXIMUM HEIGHT OF AN APPROXIMATE 270'-8" NATIONAL GEODETIC VERTICAL DATUM (N.G.V.D.) City of Miami Page 54 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 AT TOP OF ROOF SLAB, PROVIDING APPROXIMATELY 340 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH APPROXIMATELY 392,612 SQUARE FEET OF FLOOR AREA, 3,130 SQUARE FEET OF RETAIL SPACE AND 478 OFF-STREET PARKING SPACES; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 55 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 10-00581mu CC 07-28-11 Fact Sheet.pdf 10-00581 mu CC Analysis. pdf 10-00581mu Zoning Map (Miami 21).pdf 10-00581mu Zoning Map (Ordinance 11000).pdf 10-00581 mu Aerial Map. pdf 10-00581 mu Aviation Letter.pdf 10-00581mu Public School Concurrency Letter. pdf 10-00581mu PZAB Reso.pdf 10-00581mu CC Legislation (Version 2).pdf 10-00581mu ExhibitA.pdf 10-00581mu Exhibit B. pdf 10-00581mu Binder Cover. pdf 10-00581mu Inside Cover. pdf 10-00581mu Table of Contents. pdf 10-00581 mu Article I. A. Letter of I ntent. pdf 10-00581 mu Article I. B. City of Miami Application for MUSP. pdf 10-00581 mu Article I. C. Legal Description. pdf 10-00581mu Article I. D. Owner List. pdf 10-00581mu Article I. E. Disclosure of Ownership - RNG Overtown LLC.pdf 10-00581 mu Article I. F. Ownership Affidavit - RNG Overtown LLC. pdf 10-00581mu Article I. G. Disclosure - RNG Overtown LLC.pdf 10-00581mu Article I. H. Ownership Structure - CDG City Center, Ltd. pdf 10-00581mu Article I. I. Ownership Affidavit - CDG City Center, Ltd. pdf 10-00581mu Article I. J. Disclosure - CDG City Center, Ltd.. pdf 10-00581mu Article I. K. Public School Concurrency Form.pdf 10-00581mu Article I. L. Miami -Dade County Printouts - Property Deed. pdf 10-00581muArticle I. M. Ownership List.pdf 10-00581mu Article I. N. State of Florida Documents - RNG Overtown. pdf 10-00581mu Article I. O. State of Florida Documents - CDG City Center, Ltd. pdf 10-00581mu Article I. P. City of Miami Zoning Atlas. pdf 10-00581mu Article I. Q. City of Miami Future Land Use Map.pdf 10-00581mu Article I. R. Aerial Location Map. pdf 10-00581mu Article I. S. Photographs. pdf 10-00581mu Article I. T. Project Principals. pdf 10-00581mu Article I. U. Project Data Sheet.pdf 10-00581 mu Article I. V. Zoning Write-Up.pdf 10-00581 mu Article II. Project Description.pdf 10-00581mu Article II. A. Zoning Ordinance No. 11000.pdf 10-00581 mu Article III. Supporting Documents. pdf 10-00581mu Article III. Tab A. Survey of Property. pdf 10-00581mu Article III. Tab B. Site Plan.pdf 10-00581mu Article III. Tab C. Site Utility Study. pdf 10-00581mu Article III. Tab D. Economic Study. pdf 10-00581mu Article III. Tab E. Environmental Site Assessment.pdf 10-00581mu Article III. Tab F. Architectural Drawings.pdf 10-00581mu Article III. Tab G. Landscape Drawings.pdf 10-00581muArticle III. Tab H. Traffic Impact Analysis. pdf 10-00581mu Article III. Tab I. Traffic Sufficiency Letter.pdf LOCATION: Approximately 100 NW 12th Street, 1120 NW 1st Avenue, 105 and 113 NW 11th Terrace, and 1129, 1135, 1145, 1151, and 1159 NW 1st Court [Commissioner Richard P. Dunn II - District 5] City of Miami Page 56 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 APPLICANT(S): Ryan D. Bailine, Esquire, on behalf of RNG Overtown LLC and CDG City Center, Ltd. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommended denial to City Commission on December 15, 2010 by a vote of 6-1. *See supporting documentation. PURPOSE: This will allow a phased development of the City Center project. 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 Chair Gort: Let's wait a few minutes and see if we can get Commissioner Carollo back in. Francisco Garcia (Director, Planning): Sir, at this time, would you entertain the continuance of one item that I understand the applicants would like to have continued? Chair Gort: Yes, go ahead. Mr. Garcia: In the PZ (Planning & Zoning) agenda. Chair Gort: What is it? Mr. Garcia: Item PZ.2, I believe, is going to be requested for a continuance. Chair Gort: Which one? Mr. Garcia: Item PZ.2. Chair Gort: PZ.2. Anyone here for item PZ.2? They're going to ask for a continuance. Okay, go ahead. Commissioner Dunn: State your name for the record, please. Joe Jimenez: Yeah. Joe Jimenez, law offices of Stearns Weave Miller, 150 West Flagler Street, in Miami, here in place of Mr. Bailine, who is the scheduled presenter today. We have conferred with staff. I believe Mr. Bailine has conferred with Commissioner Dunn and we 're asking for a deferral until date certain, the July 28 Commission meeting. Commissioner Sarnoff. What happened to your -- Chair Gort: Okay. Commissioner Sarnoff. -- tie, Mr. --? Mr. Jimenez: I was asked to come down here at the absolute last second. I apologize for my appearance and it's -- Commissioner Sarnoff. You look good. City of Miami Page 57 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Mr. Jimenez: -- I should keep a tie in my office, Commissioner. Commissioner Sarnoff.. I want you to know you -- Mr. Jimenez: You are absolutely right. Commissioner Sarnoff.. -- look good, but you're missing a tie. Chair Gort: It's not a -- Mr. Jimenez: I thought I could get away with a coat, but absolutely, Mr. Sar -- Commissioner Sarnoff, thank you for pointing it out. Chair Gort: You're doing well. He's being a judge now. He's being a judge. Commissioner Dunn: Move it. Chair Gort: Been moved by Commissioner Dunn, second -- Commissioner Sarnoff.. Second. Chair Gort: -- by Commissioner Sarnoff. All in favor, state it by saying "aye. " The Commission (Collectively): Aye. Mr. Jimenez: Thank you very much. Commissioner Sarnoff.. I know you were hoping to get away by just -- Mr. Jimenez: No. I'm sure it'll make it back to the office so -- Commissioner Sarnoff.. There you go. Mr. Jimenez: Thank you. Chair Gort: Uh-oh. That can happen. PZ.3 RESOLUTION 07-01268mm A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13, 17, AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE 1700 BISCAYNE BOULEVARD PROJECT, TO BE LOCATED AT APPROXIMATELY 1700 AND 1730 BISCAYNE BOULEVARD; 1707 NORTHEAST 2ND AVENUE; 221, 235, 239 AND 249 NORTHEAST 17TH STREET; AND 222, 230, 234 AND 246 NORTHEAST 17TH TERRACE; MIAMI, FLORIDA, AS FOLLOWS: A) INCREASING GROSS LOTAREAAND NET LOT AREA FROM 152,811 SQUARE FEET ("SQ. FT.") TO 198,614 SQ. FT. AND FROM 103,408 SQ. FT. TO 132,593 SQ. FT., RESPECTIVELY; B) ADDING A NEW TOWER NO. 3 WITH 153 RESIDENTIAL UNITS, 216 HOTEL ROOMS AND 100,051 SQ. FT. OF OFFICE SPACE, FORA TOTAL COMBINED AREA OF 431,014 SQ. FT. WITH A HEIGHT OF APPROXIMATELY 499' NATIONAL City of Miami Page 58 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 GEODETIC VERTICAL DATUM ("N.G.V.D."); C) DECREASING THE HEIGHT OF TOWER NO. 2 FROM 552' TO 452' N.G.V.D.; THE RESIDENTIAL AREA AND UNITS FROM APPROXIMATELY 520,328 SQ. FT. TO 385,278 SQ. FT. AND NUMBER OF UNITS, FROM 358 TO 258; D) INCREASING THE TOTAL NUMBER OF PARKING SPACES FROM 1,369 TO APPROXIMATELY 1,507; E) INCREASING THE TOTAL RETAIL SPACE FROM 140,281 SQ. FT. TO APPROXIMATELY 181,183 SQ. FT. AND LOBBY SPACE FROM 3,734 SQ. FT. TO 4,638 SQ. FT.; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-01268mm CC 06-23-11 Fact Sheet.pdf 07-01268mm Analysis.pdf 07-01268mm Ordinance 11000 Map.pdf 07-01268mm Miami 21 Map.pdf 07-01268mm Aerial Map.pdf 07-01268mm URS Letter.pdf 07-01268mm Public School Concurrency.pdf 07-01268mm Aviation Letter.pdf 07-01268mm PZAB Reso.pdf 07-01268mm CC Legislation (Version 2).pdf 07-01268mm ExhibitA.pdf 07-01268mm Exhibit B.pdf 07-01268mm Outside Binder Cover.pdf 07-01268mm Table of Contents.pdf 07-01268mm Inside Binder Cover.pdf 07-01268mm Tab I.A. Application for a MUSP.pdf 07-01268mm Tab I.B. Disclosure of Ownership.pdf 07-01268mm Tab I.C. Ownership Affidavit.pdf 07-01268mm Tab I.D (1-5) Miscellaneous Documents.pdf 07-01268mm Tab I.E. Directory of Project Principals.pdf 07-01268mm Tab I.F. Project Data - Zoning Write-Up.pdf 07-01268mm Tab I.G. Zoning Atlas & Future Land Use Maps.pdf 07-01268mm Tab II A. Zoning Ordinance No. 11000.pdf 07-01268mm Tab III.1 Minority Construction Employment Plan.pdf 07-01268mm Tab III.2 Traffic Impact Analysis.pdf 07-01268mm Tab III.3 Site Utility Study.pdf 07-01268mm Tab III.4 Economic Impact Study.pdf 07-01268mm Tab III.5 Survey of Property.pdf 07-01268mm Tab III.6 Drawings Submitted.pdf 07-01268mm Tab III.7 Environmental Impact Study.pdf LOCATION: Approximately 1700 and 1730 Biscayne Boulevard; 1707 NE 2nd Avenue; 221, 235, 239 and 249 NE 17th Street; and 222, 230, 234 and 246 NE 17th Terrace [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Biscayne Arts, LLC, Miami Proarts II, Inc. and Brickell North Investments, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with conditions* to City Commission on May 4, 2011 by a vote of 7-1. City of Miami Page 59 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 *See supporting documentation. PURPOSE: This will allow a substantial modification to the 1700 Biscayne Boulevard project. 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-11-0272 Chair Gort: PZ.2 has been defer. PZ.3. Francisco Garcia (Director, Planning): Item PZ.3 is a resolution of the City Commission. This is a substantial modification to a Major Use Special Permit for a property located at 1700 Biscayne Boulevard. This is located approximately at 1700 Biscayne Boulevard. This has been recommended favorably by the Planning, Zoning and Appeals Board, and it is being recommended to you with conditions by the Planning Department. Chair Gort: Okay, PZ.3. Yes. Vicky Garcia -Toledo: Good afternoon. For the record, Vicky Garcia -Toledo, with the law firm of Bilzin Sumberg. And today I'm going to appear in front of you on behalf of 1700 Biscayne, which is a Major Use Special Permit which was approved by the Commission in 2009. At the time that I appeared before you and you approved the project, there was -- this is a project that really encompasses the entire city block and there was a missing piece at the northeast corner of the property fronting Biscayne Boulevard. At that time, we informed you that that piece, that missing piece was in the process of liti -- undergoing litigation, that we felt fairly comfortable that we would prevail, and that when our client got control of the property we will come back for a modification. So that's what we're for -- here for today, a substantial modification to that MUSP (Major Use Special Permit) in order to do two things. One, include the new land into the project; and two, show you the third tower of this major project that would be located on that particular piece of land. We have, unfortunately, no easels to bring this up higher. But basically, this is the project that you approved. This is the project that has the additional third tower. This is the new tower that goes all the way to the ground and takes in an additional 1.3 acres of land on that northeast corner and the subject matter of the application in front of you. You have the board that shows the materials that will be used. They are consistent with the materials that were already approved as part of the original MUSP. This board basically shows you the location of that 1.3 acres of land that is outlined in the orange where the new tower is going in. The new tower is basically five floors of office space, five floors of the hotel, and the twenty-two floors of residential space. Bringing this additional land into the project has allowed us to take the second tower of the project, which was a residential tower and continues to be a residential tower on Northeast 2ndAvenue, and lower it by ten feet and -- excuse me, by ten floors and transfer that height and those units into the new tower, creating a better symbiosis throughout the project, which now will have the three towers. That is basically our presentation. We come to you with approval from the lower board. We come with approval from your architectural board, the Urban Design Review Board, as well as recommendation of approval from your Planning Department. And we would urge you to approve this project. Chair Gort: Thank you. This is a public hearing. Is anyone like to address this issue? Public hearing's closed. Commissioner Sarnoff.. So move. City of Miami Page 60 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Commissioner Dunn: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Dunn. Mr. Garcia: If it please the Chair, may we restate just for the record that the recommendation is for approval subject to the conditions contained on the dais. I don't think the applicant is objecting to those. Ms. Garcia -Toledo: And the applicant is aware of them and agrees with those. Mr. Garcia: Thankyou. Chair Gort: Okay. Commissioner Sarnoff. And the motion considered them. Chair Gort: It's part of the motion. Okay, any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Ms. Garcia -Toledo: Thankyou. PZ.4 ORDINANCE 10-01242zt Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "ENVIRONMENTAL PRESERVATION" BY CLARIFYING PROCEDURES FOR THE TRIMMING, PRUNING, OR REMOVAL OF TREES IN THE CITY OF MIAMI AND IN ENVIRONMENTAL PRESERVATION DISTRICTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-01242zt CC SR 06-23-11 Fact Sheet.pdf 10-01242zt PZAB Reso.pdf 10-01242zt City of Miami Chapter 17.pdf 10-01242zt County Code Chapter 24.pdf 10-01242ztAmerican National Standards Institute (ANSI).pdf 10-01242zt Educational Materials.pdf 10-01242zt CC Legislation (Version 8).pdf LOCATION: Citywide APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on January 19, 2011 by a vote of 9-0. PURPOSE: This will clarify certain Sections and Definitions of Chapter 17, City of Miami Page 61 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 "Environmental Preservation". 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 13274 Chair Gort: PZ.4. Francisco Garcia (Director, Planning): Item PZ.4 is an ordinance, second reading of an ordinance. This is the tree -trimming ordinance, which amends Chapter 17 of the City Code. It originally passed with a vote of 9-0, and I'm happy to present it again or otherwise I'm happy to answer any questions you may have. Chair Gort: Okay. It's a public hearing. Is anyone like to address PZ.4? Close the public hearings [sic]. Commissioner Sarnoff. So move. Commissioner Dunn: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Dunn. Priscilla A. Thompson (City Clerk): It's an ordinance. Chair Gort: Any further --? Yes. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3-0. PZ.5 ORDINANCE First Reading 11-00380ap AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, PURSUANT TO ARTICLES 3 AND 7 OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THE DEVELOPMENT OF APPROXIMATELY 9.038 ACRES SPECIAL AREA PLAN FOR THE BRICKELL CITICENTRE, A MIXED -USE DEVELOPMENT GENERALLY BOUND BY BRICKELL AVENUE TO THE EAST, SOUTHWEST 1ST AVENUE TO THE WEST, SOUTHEAST 6TH STREET TO THE NORTH AND SOUTHWEST 8TH STREET TO THE SOUTH, MIAMI, FLORIDA, CONSISTING OF: A) APPROXIMATELY 4.68 MILLION SQUARE FEET OF FLOOR AREA SPLIT AMONG FOUR CITY BLOCKS; B) APPROXIMATELY 650,110 SQUARE FEET OF PARKING AREA LOCATED BELOW GRADE; C) APPROXIMATELY 19,700 SQUARE FEET OF CIVIC SPACE AT THE GROUND LEVEL AND APPROXIMATELY 6,500 SQUARE FEET OF CIVIC SPACE ON UPPER City of Miami Page 62 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 LEVELS; D) THESE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT, NOT TO EXCEED A TOTAL OF 5,511,492 SQUARE FEET OF FLOOR AREA OR LESS THAN 19,639 SQUARE FEET OF CIVIC SPACE; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 63 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 11-00380ap Binder Cover-SAP.pdf 11-00380ap CC 06-23-11 Table of Contents.pdf 11-00380ap TAB A.1 Cover Letter. pdf 11-00380ap TAB A.2 SAP Application. pdf 11-00380ap TAB A.3 Project Directory. pdf 11-00380ap TAB A.4 Exhibit A: Legal Description. pdf 11-00380ap TAB A.5 Recorded Deed.pdf 11-00380ap TAB A.6 Affidavit of Authority to Act. pdf 11-00380ap TAB A.7 Disclosure of Ownership.pdf 11-00380ap TAB A.8 Certificate of Status. pdf 11-00380ap TAB A.9 Power of Attorney. pdf 11-00380ap TAB A.10 Disclosure of Agreement to Support. pdf 11-00380ap TAB A.11 Proof of Lobbyist.pdf 11-00380ap TAB A.12 Public School Concurrency.pdf 11-00380ap TAB A.13 Proposed Development Agreement. pdf 11-00380ap TAB B.1 City of Miami Current Land Use Map.pdf 11-00380ap TAB B.2 City of Miami Transact Zone Map.pdf 11-00380ap TAB B.3 Transit Oriented Development Map.pdf 11-00380ap TAB B.4 Surveys.pdf 11-00380ap TAB B.5 Site Location.pdf 11-00380ap TAB B.6 Site Photos.pdf 11-00380ap TAB B.8 Zoning Write Up.pdf 11-00380ap TAB B.9 Site Data Summary.pdf 11-00380ap TAB B.10 SAP Area Program.pdf 11-00380ap TAB B.11 SAP Parking Data.pdf 11-00380ap TAB B.12 Lot Coverage Diagram.pdf 11-00380ap TAB B.13 Concept Drawings.pdf 11-00380ap TAB B.14 Sustainability Sumarry.pdf 11-00380ap TAB B.15 Economic Impact Summary.pdf 11-00380ap TAB C.1 Design Guidelines.pdf 11-00380ap CC 06-23-11 TAB C.2 Regulating Plan.pdf 11-00380ap CC 06-23-11 TAB D.1 Traffic ImpactAnalysis.pdf 11-00380ap TAB D.2 Development Impact Study.pdf 11-00380ap TAB D.3 Utility Report.pdf 11-00380ap CC SR 07-28-11 Fact Sheet.pdf 11-00380ap Analysis. pdf 11-00380ap Miami 21 Map.pdf 11-00380ap Aerial Map.pdf 11-00380ap DDA Reso.pdf 11-00380ap PZAB Reso.pdf 11-00380ap CC Legislation (Version 4).pdf 11-00380ap Exhibit A.pdf 11-00380ap CC Exhibit B - NEW.pdf 11-00380ap CC Exhibit C - NEW.pdf 11-00380ap CC Exhibit D.pdf 11-00380ap 07.13.11-07.18.11 REVISIONS for 07-28-11 CC.pdf LOCATION: Generally Bound by Brickell Avenue to the East, SW 1st Avenue to the West, SE 6th Street to the North and SW 8th Street to the South [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Neisen Kasdin, Esquire, on behalf of Swire Properties and City of Miami Page 64 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with conditions* to City Commission on June 15, 2011 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the Brickell CitiCentre SAP project, which will allow the development of approximately 9.038 acres of vacant land, create linkages between the Mary Brickell Village to the south and future development to the north approaching the Miami River. The proposed project is a significant investment in the City and is expected to cost approximately $700M, generating over $4M annually in city General Fund Ad Valorem taxes. Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez A motion was made by Commissioner Sarnoff, seconded by Vice Chair Carollo, and was passed unanimously, with Commissioner Suarez absent, to waive in this particular instance for Mr. Bernardo Fort -Brescia, Article VI, Sec. 2-654, Miami City Code, upon Mr. Fort-Brescia's oath that he will take the ethics course required for lobbyists in the near future. Note for the Record: For minutes further referencing Item PZ.5, please refer to Item PH.5. Chair Gort: PZ.5. Maria J. Chiaro (Deputy City Attorney): Mr. Chair, PZ. 5 should be heard in conjunction with PH.5, which was on the regular part of the agenda -- Chair Gort: Okay. Ms. Chiaro: -- as a development agreement. It -- PZ.5 is a consideration of a special area plan under Miami 21. The consideration of a special area plan requires that a development agreement under Florida Statutes also be approved, so the development agreement was scheduled for a public hearing at 2 o'clock simultaneous with your consideration of the approval on first reading of the special area plan. The public hearing for the development agreement is essentially a first reading of an ordinance. Normally you approve development agreements by resolution, but because these -- there are some particular elements of this development agreement that deal with sections of our City Code, it will be in addition to a first public hearing. It will be first reading of an ordinance on the development agreement and first reading for your approval on a special area plan. Chair Gort: Thank you. Francisco Garcia (Director, Planning): By way of brief introduction, I will mention that the special area plan is set up procedurally to basically function as a zoning change would in the City ofMiami. It is noteworthy that at this point in time a land -use change is not being sought; simply the zoning change itself. Lastly, the City is the co -applicant for this item, as well. I wanted to make you all aware of that. Andl know the applicants have a very thorough presentation, so I will simply stand aside and answer any questions you may have. Chair Gort: Okay, thank you. Yes, sir. City ofMiami Page 65 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Neisen Kasdin: Mr. Chair, members of the Commission, good afternoon. Neisen Kasdin, Akerman Senterfitt and Spencer Crowley, representing the applicant, Swire Properties and their affiliates. And we are very proud to present to you the Brickell CitiCentre project and have received tremendous cooperation from the City staff from the Mayor and others in the City in making this magnificent project happen. I'd like to briefly introduce our team, talk a little bit about the project, and then have our architect and master planner, Bernardo Fort -Brescia, take you through it in more detail. First, I would like to introduce the team members who are present. They include Steve Owens, who is the head of Swire Properties in the United States, Megan Kelly and Chris Gandolfo. You'll be hearing from Steve as well. Bernardo Fort -Brescia is the lead architect, as well as Ann Cotter, a partner on this project, who are here as well. The traffic and civil engineers are here, Greg Kyle, from Kimley-Horn, and others who are available to answer your questions that you may have. Steve will tell you a little bit about Swire and their commitment to this community and their vision. But I would tell you briefly before introducing Steve -- because I think Swire Properties is well-known to most of you. They are a quiet company, but they have done an awful lot to remake in a very positive way the face ofMiami. As you know, they develop -- they were the developers of Brickell Key for over 20 years, including building and being the principal owners of the Mandarin Oriental Hotel. They were the first people to bring significant residential population to the Brickell Avenue area in downtown. Over those years, they have seen this city evolve in a spectacular fashion, as we all know. Today, there is a large residential population throughout downtown, a large office population, the important activity centers, the Arsht Center, the arena, as well as now thousands of people who are there every day, so there are restaurants that are opening up throughout the Brickell district and in other parts of downtown. But Swire recognized that one element that was not present to make downtown complete was to have a major mixed -use development anchored by a significant retail shopping center, which they will be providing. That is what this project will do. The property, if you look at the display, you will see is a little bit over nine acres that they have acquired in the past two and a half years from 6th Street on the northern end to 8th Street on the southern end, almost all the way to Southwest I stAvenue and almost all the way on the east to Brickell Avenue. That property -- portions of that property -- it's important to point out -- are already entitled with an approvedMUSP (Major Use Special Permit). Specifically, if you look at the two blocks which we call Brickell CitiCentre East and Brickell CitiCentre West, that are the two lots that flankMiami Avenue, South Miami Avenue, though it's only a portion of the entire project. Those already have an approvedMUSP which allow a build -out of over 5 million square feet of structure, what would be constituted as FLR (Floor Lot Ratio) today. What Swire is proposing in this magnificent complex is a project over a larger site that will be only 4.6 million FLR. In other words, although they are entitled to have almost approximately 7 million square feet in FLR, they're leaving 30 percent or more of the available building rights alone in building this project. And they're building at an FLR of no more than 14, whereas the underlying FLR in this T6-48 0 district allows 18 plus an FLR bonus which could take it higher. So the entire project that they're building is less intense in terms of size than what was proposed on a smaller area before. The SAP (Special Area Plan) is needed in order to permit minor modifications to the -- what is allowed under the zoning code under Miami 21. Most significantly for features such as two full levels of underground parking that are going to be spanning most of the property, the property east of -- or rather, the property west of the Metromover tracks, those three blocks. This is extraordinary. It has not been done in the City of Miami before or at least not done to anything near this extent. Those will be 1,600 parking spaces. And those 1,600 parking spaces underground will eliminate what would have otherwise been five levels of above -ground parking. This is not only in the spirit ofMiami 21 but is actually exemplifies a greater spirit ofMiami 21 because what you're going to have on the ground level is active retail space or active habitable space for the hotel and the residential buildings throughout the entire project. The project consists of approximately of two residential towers which will have 785 units approximately, a hotel and service apartments, approximately 925, 000 feet of offices in three buildings, the first two buildings which will be smaller buildings built immediately with the project, the third building on the site of the Eastern National -- the old City ofMiami Page 66 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Eastern National Bank site, approximately 725, 000 feet, will be built in a later phase. And this project will also significantly enhance the public realm. Number one, this is integrating the Eighth Street Metromover stop into the project so that people who live or work or come to shop or dine in the Brickell CitiCentre project can use the Metromover station and exit right into the project. In this fashion, it will connect all of downtown that is served by the Metromover with this project, which will, among other things, promote a significant reduction in vehicular traffic and increase pedestrian mobility and transit usage throughout downtown. I would tell you that Miami -Dade Transit, who we have met with, they were excited about the prospect of this project. It probably will be able to generate more ridership for the system than any project that they have ever done perhaps since the Daytran Center was built many, many years ago. They have -- the unique signature feature of this project will be the climate ribbon. I'll have Bernardo explain that to you. There will also be creation of several types of civic space which will be for the use of the public, which will enhance the neighborhood. And of course, we will be creating a linear park underneath the Metromover tracks. I would like to mention a couple of things. This passed the PZAB (Planning, Zoning and Appeals Board) unanimously last week and -- but one thing that the PZAB asked us to look at was the ingress and egress to the site on its westernmost edge next to what is known as the Frame Art property and so that has been closely studied and analyzed, and we have come up with a mechanism which will improve the traffic flow at that intersection in that neighborhood. First, I should remind you that there is an already -approved MUSP for that site which our client can build on today which has an entrance -- a vehicular entrance and exit at the exact same location as is proposed in this special area plan. So there's no changing condition at all from what has already been approved and what can be built, except I should say there is a significant changing condition in that we have enhanced how this will interact with traffic in the neighborhood. The driveway that comes out at the western end of the property and exits onto 7th Street will be signalized in coordination with the signal at the intersection there so that there will be no interference whatsoever with traffic as opposed to what potentially could have happened under the already-approvedMUSP. We have had conversations with FDOT (Florida Department of Transportation) and there are indications they have allowed this to be done before, that they were pleased with this as a solution for the entrance and exit from the western end of the property. I'd like to also bring to your attention something -- well, we will discuss this later, the economic benefit of this project, which is -- I'll conclude with, which is extraordinary for this city. And let you know that providing the approvals are granted today and at second hearing in July, we will be able to start with this project by the second quarter of 2012. It's a massive construction effort because remember, they're building two levels of underground parking, covering almost the entire site, where the foundation alone and the underground parking takes 18 months to build, but they're anxious to get ahead. And so you have before you two items. You have the approval of the special area plan and the development agreement, which is part of the requirement for the special area plan as well. Before I finish my preliminary comments, I would like to mention as follows -- that I would like to mention as follows. I would ask actually for your permission with regard to this. The project architect, Bernardo Fort -Brescia, has filed -- has prepared the papers, tendered the check for the registration for this issue and has signed up for the ethics course as well, but was unable to take it before this hearing. Andl know it is within your authority to allow him permission to speak, and so I would request that you grant that authority. And with that, the only other thing that would say -- and I think the Mayor, I think, would like to speak as well so I'll go to the Mayor next after this. This project has been endorsed enthusiastically by the Brickell Area Association, the Brickell Homeowners Association, and the Downtown Development Authority. This is an exciting moment in the history ofMiami. We're not talking about just your ordinary project. We're talking about a project that puts Miami in a class of cities globally like Hong Kong and Singapore and London. And so I am indeed very proud to be representing Swire Properties on this. IfI may, I would like to invite the Mayor forward -- the City is co -applicant -- and then introduce Stephen Owens. Mayor Tomas Regalado: Thank you, Neisen. Mr. Chairman, Vice Chair, Commissioners. I stood here when, for the first time, they came before the Urban board. I stood here when this City ofMiami Page 67 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 item came to the Planning and Zoning, and I'm standing here before you in support of this project. I know that it's in District 2, but we all feel this is a citywide, even countywide, statewide project because it has made the news throughout the world in terms of the mega project that it is. I was asked this morning, well, why are you so excited about this project, this development, if you wanted to be the Mayor of the potholes and fixing the street. Andl said, well, because this is a smart development and this does not intrude into neighborhoods. It does not affect the quality of life of the neighbors, and it will bring not only jobs, which is the excuse that everybody uses to do something that, you know, government wants to do but is necessary, but not only will bring jobs, it will bring an image to the City ofMiami. It will give us more trademark throughout the world in terms of big investment. And you all were present at the Arsht Center when the other company announced a major, major project. So I am in support of this project. I think it will be great. And not only that, I do think -- and you know, we all talk about Brickell and connecting downtown. I do think that it would bring to east Little Havana and Southwest 8 th Street a better image of what we have now and, you know, maybe coming in the next Christmas, on the future Christmas, maybe we can use the company to have some, you know, things throughout Southwest 8th Street celebrating this project and make it a more festive environment. So I am in full support. I know that the area Commissioner is excited, andl know that all ofyou are. And we want to thank these people for coming to Miami. They could have gone anywhere and Swire came to Miami. Andl think that we can be sure that if we get invited to the groundbreaking, there will be a construction after the groundbreaking and not just a groundbreaking and years and years waiting for the construction. So I just want to state on the record that I am in favor, I support this project. Thank you, Commissioners. Chair Gort: Thank you. Mr. Kasdin: Thank you, Mr. Mayor. I just would like to say, I can assure you that the warm reception that has been received of this project and others is instrumental in the investment that is now coming into this community. And with that, Bernardo Fort -Brescia will take you through the project. Chair Gort: Can I have a motion -- Commissioner Sarnoff. Commissioner -- Chair Gort: -- for the permitting --? Commissioner Sarnoff. I do. I move for this instance and not to set precedent that Bernardo Fort -Brescia, upon his oath, will take the ethics course, be allowed to speak on behalf of this project. That is my motion. Chair Gort: There's a motion -- Vice Chair Carollo: Second. Chair Gort: -- and a second. Okay, any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Yes, sir. Bernardo Fort -Brescia: Thank you very much. I will do that. Commissioner Dunn: Speak a little louder, please, and state your name and address. City ofMiami Page 68 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Chair Gort: Name and address. Mr. Fort -Brescia: Yes. I'm Bernardo Fort -Brescia. I'm a principal ofArquitectonica, located at 2900 Oak Avenue, in Miami. In the image that you see there, you see the location of this project. I think Neisen Kasdin has told you that it consists of an assemblage of three and a half blocks that are shown in the red marking in this aerial view, comprised of blocks that are surrounded on multiple streets, including to the south, 8th Street, to the north -- in the middle, 7th, and to the north, 6th, and on both sides of South Miami Avenue in the first group of parcels and on the subsequent northern parcel, Tobacco Road on one side and a companion piece of development across the street. It is -- and the Mayor expressed correctly the central location of this project, that you see it with central yellow marker on the left-hand side as a place that -- of gathering that is missing. Shopping occurs to the north at Midtown and to the east in South Beach, to the south, at Merrick Park, but there's a void in what is really the heart of our city. And this next view shows you what this project is, what the site is. It's really the, let's say, hole in the doughnut. It is surrounded by development all -- on many sides and it's sort of the missing piece linking the Brickell Avenue core and downtown and it is instrumental in reaching out to the river for that southern portion of our downtown on the Brickell Avenue side. You can see also from these other images as you approach Brickell Avenue from I-95 that it -- you have to actually cross through this no-man's-land of emptiness, almost suburban before you arrive to this greatly urbanized metropolis that we have become. And you can see here some of the images, the fenced -in property that has been like that for a very long time. And one of the important aspects of this project is that it's intersected in one of the blocks by the Metromover. And this is the Brickell and 8th Metromover station, rather underdeveloped, not exactly representing the arrival to a financial district. It is rather humble and hidden and fenced in and it is not what we would have hoped for the center of finance of -- between two continents. It is -- this project incorporates this PeopleMover station and embraces it as it does the Metromover that is half a block -- a block away to the southwest of this site. And therefore, it will have access to public transportation, which is one of the important aspects of what this project is all about from the LEED (Leadership in Energy and Environmental Design) certification point of view. It is -- this will be a LEED neighborhood project, which is very unusual. There are a total of 54 [FED projects in the nation that have been registered, but this is by far the largest mixed -use registered land project in the United States -- land development project in the United States and it's targeted for certification level under the [FED gold. It is -- there are certain things that make it certifiable. First of all, because it's compact, it's pedestrian friendly, and it is in a mixed -use neighborhood and it's connected to its surroundings by public transportation, and it will influence the direct growth of urban areas within the existing infrastructure and it promotes best practices for sustainable development. In this drawing you see the project now in a more developed form and you see the composition of the project. It has a monumental green roof like a sky park that is developed over the podium, on top of which there are a series of towers. To the east, there's an office building right at the end of 1st, the intersection with 8th and only half a block from Brickell Avenue. And directly to the west of that tower there is a hotel with service departments that have been described to you. It is a business hotel and it has accommodations of apartments with hotel service that will be furnished and available for long stay. There are two additional offices buildings. One of them is a medical and wellness center directly to the north of the hotel and connected with the hotel. And west of it there's a second small office building. And finally, to the north and to the west, there are two residential towers. All of this is over a retail complex that reaches out to the sidewalks and creates an internal street. And that internal street will be covered under -- by a trellis. It is not a glass enclosed mall. It's a street with gardens and plazas and there will be this sort of climate trellis that will wind through the site, collect energy and water, provide shade and some rain protection where appropriate. It will be the sort of feature, the architectural feature of this project that you will see from afar and that will dominate the imagery of the project. But before we got to that, probably for the last two years now since the acquisition started and since we've been working on this project, the first question that we addressed in the planning of this project was the circulation of vehicles in and out and to and from this project. The whole issue of traffic was practically an obsession as we designed this City of Miami Page 69 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 project, how to deal with deliveries and with visitors. And Kimley-Horn entered as our consultant to review these issues and came up with some very pretty excellent solutions on how to deal with allow through the site. And you can see just -- this diagram is just a surface of what we went through. The other aspect is that Swire, as the City ofMiami and as all of us, were intent in concealing all the loading areas from sight and not being visible and to allow trucks to be able to enter and exit without ever crossing Brickell Avenue or coming from Brickell Avenue, that they would be able to enter from 8th and exit into 7th on the two main blocks and likewise on the north block, straight back out to I-95. And this is an important factor. We don't -- we have a very easy and quick maneuvering and easy flow through the site for both vehicles and deliveries and it is -- there are multiple positions for entry and exit ramps, a total of six -- seven, sorry, so that we create a fluidity and a dispersion of traffic and they occur in very key locations that allow to take advantage of that great advantage of the site, the privilege of the site that is -- that it has on one side an in street on 8th, and on the other side, an exit on 7th, and that that aspect of it makes it extremely easy to be able to flow in and out. But what is it that we -- we took it to another level and then Swire made a very bold decision, a very bold economic decision to do two levels of below -grade parking for the retail users and that that parking would be interconnected so that we are able to direct traffic to the proper exits by electronic indicators so that, for example, if your intent is to go back to I-95 north, it will tell you which is the exit that takes you quickest in that direction. Or if you're coming back to Brickell Key, for example, that you would be directed to a different point of exit. This is important because the biggest problems with these types of buildings where people -- is when people exit in the wrong place and wandering around the block trying to figure out where to go and they create the congestion and the lack of certainty of where is it that they need to make the turn and how to get to their destination. So we will organize that decision making in this very large below -grade garage that will permit that decision to be wise and efficient. And the garage also allows people to enter the retail shops above at the correct location. There are escalators that lead to the different points. You can see here then the overview of the massing of the project where you can see the office building to the right and then the hotel and the two residential towers far apart from each other on the north and west lots, and then the two smaller buildings including one of which is the wellness center and the roof that will become this ribbon of climate control that will create a microclimate in what is actually an exterior street. These are some of the other views of the massing without the elevations and later we'll show you in detail the elevations. But one of the interesting features is its presence from Brickell Avenue. You see the corner of 8th here. And on the corner of 8th, because of the bend of the street, you actually see the project right in front. In front of you to the right, you see the office building, and at the end of the axis, you see the hotel and its pool terrace that will look all the way down and out to Brickell Key and Biscayne Bay. There are also other vistas of that sort in the opposite direction, as you see here on 7th. And to the left is the office building with its retail on the ground floor. And then to the right is the residential building with the shops. But as you advance, you can see what we're trying to do with the Metro station and turn it into -- and turn the Metromover into something more than just a stop; into a great, grand station. And you can see the escalators that will take you straight to the third floor and drop you into the platforms. You see the roof protection over the station and the scale of the transit cars that as they enter into this great monumental space with a plaza, an arrival plaza that is worthy of the importance of this arrival to the project. Once one gets out of the Metro, one is able to traverse the heavy traffic of this neighborhood as it is even today into the different blocks through these overhead links, and the roof will continue and unifi, the blocks. But more importantly, what you see in these rendering is the intent of having the shops face the streets. And today many of the name brands that belong in projects like this want that street presence. Often they take two levels, as you can see, and they have an entrance from a street, an identity from the street and visibility and often a second entrance from an internal street like the one we are creating. So we will animate all the sidewalks and this kind of program and content occurs on all the street frontages, which will have the life of the street -- of the shop fronts onto 8th and 7th and South Miami Avenue and enhance the sidewalk life of what should become a real city instead of a desolate open space as it is today. Here's a plan of what I'm referring to. To the left, you can see the department store and with a grand esplanade of greenery and open City ofMiami Page 70 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 spaces leading from west to east across South Miami Avenue surrounded by shops and makes -- which makes at a second plaza a 90-degree turn and moves north towards another anchor at the end and a prominent food store, and reaching around and all the way to -- back to Tobacco Road. And we all know that Tobacco Road is a place that has been a long time a destination for restaurants and bars in Miami, but it's miss -- has been missing the companion on the other side of the street which finally will have so that it creates a true main street with activity on both sides. In the -- in this diagram, you can see the series of green spaces, and it is the intent that these spaces are used. They're seen as civic spaces. There's plazas and gardens that are in the center of the blocks and sometimes through as on the west side where we have a through -block connection that breaks up that long block into two. And as to the plaza where the Metromover is located where there will be also a connection between both 8th and 7th so that we're trying to link the city across. Now it is -- this is an example of what we're looking to do with the art installations. We hope that this -- the public spaces of this project will become one of the venues for Art Basel and that those spaces will be used for art exhibits and special events. And this is such example of one of the spaces on the ground floor with an art installation happening within it. And you can see above that the trellis that will cast light and shadow into the space. This is the second floor which links also some of these major anchors all the way across the street, all the way across South Miami Avenue and across 7th, creating this L-shape or T-shape. And it is in this level on the east side that we've created a second public space with an amphitheater on the upper floor and you will see what we mean. This is the upper level where there's a performance stage. There's a restaurant that closes and opens through a mechanized system and from -- depending on the weather and time of the year. And that stage on the second level can be seen from the third level of restaurants and you can see it as well from the gardens and exhibit spaces on the ground floor on the east end of the project. And on the third floor, we connect to the Metromover and again, users of the Metromover will be able to go directly to the office building on this level or across to the stores and restaurants that occur on this floor and to the entrance of the west end to what will happen on the top floor, which are the movie theaters. You can see here the interior design of the Metro station with the roof way up there, creating a monumental space for the arrival. And then you can see here the fourth floor where we have movie theaters and a bowling alley and a music club and other -- and gardens and part of a spa and support services for the hotel. It is on the roof of all of this that we have the beginnings of a series of gardens that are happening at different levels. And to the south -- to the bottom of the page, you see the swimming pool and the cabanas and the deck and lounge of the hotel that look down 8th. And you can also see the lap pool of the wellness center and the fitness component of the wellness center that actually crosses over the mall as a bridge and can be seen suspended over the space with a portion of it in glass and you can see the water making it across that bridge. And then lastly you see here the view of the gardens with the towers rising from it and the -- and that -- the climate ribbon that weaves through the site and comes down to 7th towards Brickell and down to 8th where the entrance to the department store is and all the way north and then west towards Tobacco Road and eventually towards the river. So this is an example. We've engaged a very well-known structural engineering company that specializes in such roofs like the ones you see here. The company is based in Paris and they've designed some of the most spectacular roofs of this kind in the world with very -- with a lot of engineering ingenuity. This is the view of the roof over -- in the lower levels of the -- the upper levels of the towers. You can see the hotel and the apartments and the office building, all of which have been developed. You can see here the images of the facades already in much more advanced stage than what you saw in the renderings with different designs for the podium and for the residential and hotel and office towers. And you can see them here in quite a bit of detail. And even more detail when you see how we're planning to express on the street the actual stores with their identity contained within a series of frames. Each store will be able to express themselves and create a real image of a city street. And some of this, we will take -- these are some of the other views and some of these we'll take that also into the internal street on the three levels of shops and activities that will happen in those levels. And you can see here the building in the context of some of the other buildings that already exist to the west in this case of our -- of the neighborhood. And here see some of the views and cross -sections and including some of the landscaping and the shade trees that we 're City of Miami Page 71 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 planning to put along all the perimeter of the streets. And there's a history of these overhead links between places from -- (UNINTELLIGIBLE) from old times as in Florence all the way to modern locations around the world. And it's a good way of helping pedestrians deal with the car, which is a constant issue especially in locations like this which is the entrance to an entire neighborhood. One of the important aspects of the landscaping is what we're doing -- as you see on the image on the left -- with collection of rainwater along 8th and 7th. This allows us to navigate the flood levels and it also allows us to create retention areas for the water in case of significant rain and to create a landscaping zone that protects the pedestrians from the traffic of the cars that are going by and past the property. The second aspect of what we are proposing is the enhancement of the whole stretch between 8th and the river and create a whole linear garden that will take us under the People Mover and next to the People Mover all the way through. And the third aspect is what we're planning to do with the greenery and art program that I described in the interior spaces. And with this, I think I've described the overall design of the project. Thank you very much. Chair Gort: Thank you. Mr. Kasdin: Mr. Chair, beg your indulgence for a moment to bring -- and from conclusion, Steve Owens, who has guided Swire Properties' investment in this community for over 20 years to tell you a little bit more about Swire and their commitment to the City ofMiami and then we will conclude our presentation. Stephen Owens: Chairman Gort, Commissioners. I'd like to begin by -- excuse me. I believe the proper protocol is my name is Stephen Owens, 848 Brickell Key Drive. I just completed the ethics course yesterday, and think I'm already off to a good start. Let me just take a couple minutes of your time to talk a little bit about Swire. And many of you know us. We've been here for many years, some 32 years in time. We're mainly known for Brickell Key, a development of which we're very proud, some 2,900 units, Mandarin Oriental Hotel, two office buildings. Our total investment in Brickell is $1.2 billion, and we're proud to say we've created more than 1,000 permanent jobs. But perhaps a little bit more about us is something that is not so well known, and at the sake of sounding a bit self-serving, I -- forgive me, but I think this is worth mentioning because I think it fits well in the context of our commitment to Brickell CitiCentre. Our corporate citizenry is really what I'd like to mention. And over our time here, we have quietly been a very much involved participant in our community. Our board memberships include Habitat for Humanity, United Way, Inroads, Belafonte Tacolcy, Voices for Children. We're very proud of these -- this service and not only were we board members and are board members, we continue our economic contribution as well. And just on that, we have -- are proud to say we gave a quarter of a million dollars to the Homeless Acceptance [sic] Center, likewise to the Performing Arts Center. We've sponsored substantial scholarships at FIU (Florida International University). And perhaps most importantly, we have donated and/or raised $2.7 million for abused children through Voices for Children. This is a part of Swire that think speaks about our commitment to the community. It speaks about our duty as a good corporate citizen, and it also fits within the context of Brickell CitiCentre in this sense. Brickell CitiCentre is not a quick project. It's a long-term commitment. If one were to look at this project strictly on the economics of the moment, I suspect many would question its economic viability. We believe in Miami. We've been here for 30 years. This project is really about Miami's future, and it's about the future of the urban area. It is not without economic risk, and it's certainly not without challenge, but we're confident that in time with the right product in place we can make it happen. It's something our company's very proud of. This is, as you've heard, a studied project. We acquired the initial part of this site in October 2008, andl remind people that in 2008 the Bear Stearns and Lehman Brothers of the world were leaving us and we were in economic uncertainty that was at least unprecedented in my lifetime. But it again is a further emphasis I think on our commitment to Miami and our long-term view, our conservative nature and our patience. We're proud to be here before you to present this project. We think it will make a significant difference in our urban area. And by that mean not just as an economic project and economic success. City ofMiami Page 72 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 We think in terms of creating a real sense of presence in the urban area and this project is our goal. So, again, I thank you for your time. I thank you for allowing us to present to you, and the team is prepared to answer any questions that you have. Thank you. Chair Gort: Thank you. Mr. Kasdin: Mr. Chair, a final -- Chair Gort: Yes. Ms. Kasdin: -- point on your screen -- and this is certainly last but not least. This project will have an overall economic impact of $1 billion. There will be 1,700 construction jobs created on an annual basis for approximately four years. The City ofMiami will receive ad valorem tax revenues of $5.4 million annually and an additional million dollars a year annually in parking surcharge fees. And City ofMiami will receive permit and impact fees in excess of $6 million. And this has been quantified in an analysis by Andy Dolkart, but I think it's self-evident and well known to all of you the impact that a project like this will have. We thank you for your time and are available for questions. Commissioner Dunn: Mr. -- excuse me. Chair Gort: Thank you. Commissioner Dunn: Mr. Chair, quick -- Chair Gort: Yes. Commissioner Dunn: -- I wanted to ask Neisen -- Did you say -- you said one billion, right? Mr. Kasdin: One billion. Commissioner Dunn: Okay, just want to make sure I heard it right. Chair Gort: Thank you. This is a public hearing. Is there -- Mariano Cruz: Public hearing, yes. Chair Gort: -- anyone that would like to speak on this issue? Yes, sir. Mr. Cruz: Mariano Cruz, 1227 Northwest 26 Street, also the chairman of Allapattah Business Development Authority, Allapattah. Our main corridor is 20th Street. (UNINTET ,T IGIBT ,F) a lot of these people probably that live there will go there on shopping on 20th Street which is the main business corridor. Now also I am going to be brief brave, and gone, as Commissioner Plummer used to say. I'm not going to say a good PowerPoint presentation as they did. I don't need to. I don't need to do that. But the -- I am glad the last sentence (UNINTELLIGIBLE) about the money and the impact fee that's going to bring to the City ofMiami. I am so glad to see private property being development there in downtown when most of -- most downtown has been given to the County, to the state, to the federal. Look at the amount of properties that's being gone in the last few years. They're federal -- (UNINTELLIGIBLE) the federal prison, the state building, the (UNINTET,T IGIBT ,F) building. All of them are off the tax roll of the City of Miami. Now this is going to bring money there. Andl know this neighborhood because before Tobacco Road, you know what used to be there? You remember? The (UNINTELLIGIBLE). Remember the (UNINTET,T IGIBT ,F) used to be there. I used to go there. I used to work at Pan American Pest Control, 3rdAvenue and 6th Street, and my friend used to live at 716 South Miami Avenue, what that empty lot is now, so I know that neighborhood there. It was City ofMiami Page 73 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 (UNINTELLIGIBLE) -- and now that from paying probably zero taxes now is going to bring money that we will be needing. And you mentioned this today, the new revenue sources. I know that somebody mentioned Manatee County. How come like all the counties in Florida are charging to all these buildings going in lieu of taxes a service fee? You don't pay taxes but you pay for your water, you pay for electricity. We pay for this electricity here to FPL (Florida Power & Light). How come we don't charge them for the municipal service that we give them, in lieu of taxes? Do some -- research that. (UNINTET,TIGIBT,F). It's -- it could be done. It's being done. We pay the County for the garbage. We pay for the water. We pay for everything. Let them pay for the service that we give them. Thank you. Chair Gort: Thank you, Mr. Cruz. I think you brought a good point. At one time I think we had an agreement that we -- there were some charges to the County and the federal government. I think we need to revise that for services. Anyone else? Yes, ma'am. Alyce Robertson: Hi. Alyce Robertson, executive director of the Miami Downtown Development Authority. As Mr. Kasdin mentioned in his presentation, the board of directors of the Miami DDA (Downtown Development Authority) approved a resolution in support of this project. This will have a huge impact on the economics of that area in an underdeveloped area. And the way -- the design that is proposed for this site has a lot of the elements that -- in the item thatl previously presented in the streetscape design for South Miami Avenue. So I want to enter into the record the resolution of the DDA Board. Thank you. Chair Gort: Thank you. Anyone else? Charles Tavares: Mr. Chair, Commissioners. Good afternoon. Charles Tavares, 1395 Brickell Avenue. I'm here representing the Brickell Area Association. And we're very much in support of this beautiful project and Swire's commitment to the community. Andl have given the City Clerk our resolution of support in this project, so I'd like to have that resolution handed to each -- every one of you, andl would like to read it for the record, please. Chair Gort: Go ahead. Mr. Tavares: So resolution in support of Brickell CitiCentre project. Be it resolved that whereas for over 25 years the Brickell Area Association has been in the forefront of efforts to improve the quality of public domain and encourage responsible development in the Brickell area; whereas the Brickell Area Association for over 25 years represented businesses and residents in efforts to enhance the quality of life and work in the Brickell area; whereas the Brickell Area Association has reviewed in a public forum the planned Brickell CitiCentre project and understand its proposed LEED qualified neighborhood development with critical shopping, hotel and residential, office space in the heart of the Brickell village; and whereas as an (UNINTELLIGIBLE) special area plan under Miami 21, the Brickell CitiCentre will provide significant enhancements to the streetscape, civic space, Metromover and other aspects of the public domain within and around the project. Be it resolved therefore that the Brickell Area Association by vote of its board of directors supports the Brickell CitiCentre development, dated 21 st of June 2001, signed by our president, Randy Olen, president of the Brickell Area Association. We very much are in support and we urge your approval, and we think that's a beautiful project and it's going to help the community, the City, and thank you for your time. Thank you. Chair Gort: Thank you. Anyone else? Yes, sir. Tucker Gibbs: Good afternoon. My name is Tucker Gibbs. I represent Graciela Zayden, who owns Frame Art, at the corner of 96 -- at 96 Southwest 7th Street. My client has operated her business in this area for over 30 years; the last 17 it's been at the intersection. And I'm trying to bring -- I want to show you just a schematic very quickly. It deals with our only concern with City of Miami Page 74 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 this project, which is the location of the westernmost driveway that Mr. Kasdin spoke of. If you see here, this is 7th Street, 1st Avenue and coming south. This is where Frame Art is and this is going to be -- and we tried to do it as much to scale as possible of the access points. And this is a concern. This entrance comes -- people come in, are dropped off here for the lobby of the apartment -- of the condominiums. But back here, you have people coming up from the garage and the bottom, people coming down into the garage. You have loading bays for trucks here, trucks coming out here and the cars coming out here as well. It creates a traffic problem, and they've acknowledged this. This isn't -- this is just -- they've acknowledged this. They've talked about a traffic signalization here to deal with that. The signal is right here right now. We have concerns. We're concerned because my client wants to be able to have the people who normally would come down this way turn left and come into his building. With this conflict here, people will be moving in this lane and more likely just to go this way. This is a concern of my client. It creates a problem. We -- I want you all to know that we've met with the applicant. We're working with the applicant to resolve this. We will be meeting with the Planning director and we want to solve this problem, but we would urge you to condition any approval you make on this to addressing this issue to meeting with us and trying to resolve our concerns. This is the only concern. We're not here to fight this project. We just want to resolve this because of this intersection here. Thank you. Chair Gort: Thank you. Anyone else? Martin Pinilla: Good afternoon, Commissioners, Chair. My name's Martin Pinilla, managing member of Brickell Station Partners. We recently acquired the property that's immediately west of the applicant's property and immediately south of Frame Art. And we haven't had the time to speak with the applicant. We'd like to sit down with them. But we do have a concern regarding the seven driveways that are going to be entering into their property directly on our property line. And we understand that as of right, the zoning that is there allows you to have zero property line on the side setbacks, andl'm not sure if having seven driveways are allowed right on the property line, but -- and we understand that the project is pedestrian friendly, but based on the location where these driveways are and where our building is, I'm not sure how pedestrian friendly it will be for the tenants in our building. So the only thing thatl ask -- and it's similar to the same request of the gentleman prior -- andl know that there were some notes on their plan from Planning -- from -- not from Planning and Zoning, but regarding the distance of this entrance from their --from the corner as per some rules from FDOT (Florida Department of Transportation) that maybe we can put some sort of a buffer maybe five feet from the property line. I know that they have full working drawings andl'm hoping that maybe there can be some sort of resolution, maybe slim it down to six lanes and there -- create some sort of buffer at least on the sidewalk level between where the beginning of these driveways begin instead of them being right on the property line. Those are my comments. Chair Gort: Thank you. Mr. Pinilla: Thank you. Chair Gort: Anyone else? Anyone else? Public hearing is closed. Comments? Commissioner Sarnoff.. We are addressing this, Mr. Chair, I believe as PH. 5 and PZ. 5 collectively? Chair Gort: Both at the same time, yes. Commissioner Sarnoff.. I'm not sure they are the same thing. How does the vote take place? Chair Gort: No. We got to vote for the agreement first. City of Miami Page 75 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Ms. Chiaro: There'll be two separate -- Commissioner Sarnoff.. So the -- Ms. Chiaro: -- votes -- Chair Gort: We have the ordinance first. Ms. Chiaro: -- on the two separate -- Commissioner Sarnoff.. Well, they're both ordinances. Ms. Chiaro: -- on these items, and they are separate items. In order -- it happens that they came to you together, but the special area plan zoning requires that a development agreement be approved. So P -- Commissioner Sarnoff.. So the first thing we're addressing is the development agreement? Chair Gort: Which is an -- Ms. Chiaro: Yes. Chair Gort: -- ordinance. It's first reading. Ms. Chiaro: It is the same project. And so it -- in this particular development, it doesn't matter what order, but, yes, the first thing you'll address is the public hearing that you had on the development agreement. And as I said before, you're approving this development agreement by ordinance because in the development agreement there are some sections of the City Code related to streets that are being accepted by the development agreement. So this development agreement will be an ordinance providing for exceptions from the City Code. And then the special area plan is an ordinance related to zoning. Commissioner Sarnoff.. Okay. Then my motion would be, Mr. Chair, to approve the development agreement found in PH.5, with the exception of excising out the signage provision found at page 5 up through Section 9, putting them to Miami 21 for signage. That will be my motion. Commissioner Dunn: Mr. Chair. Vice Chair Carollo: Second. Chair Gort: Okay, there's a motion by Commissioner Sarnoff, second by Vice Chairman Carollo. Commissioner Dunn: He already made the second, so that's fine. Chair Gort: Okay. Roll call. Ordinance. Ms. Chiaro: I need to read that. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): This is -- Chair Gort: Roll call. City of Miami Page 76 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Ms. Thompson: -- 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 adopted on first reading, as modified, 4-0. [Later..] Chair Gort: Okay, PZ.5. Mr. Garcia: As pertains to item PZ.5, ifI may, can I please remind or recommend that it be approved, if that's your wish, pursuant to the conditions set forth on the record? Commissioner Sarnoff.. So move. Vice Chair Carollo: Second. Chair Gort: There's a motion and a second. Moved by Commissioner Sarnoff, second by Vice Chairman Carollo. Vice Chair Carollo: Mr. Chairman, hold on. Chair Gort: Yes. Vice Chair Carollo: Was your motion with the recommend -- okay. Chair Gort: With the Planning recommendation. Commissioner Sarnoff.. Yes. Chair Gort: Any further discussion? The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Gort: Thank you, ma'am. Yes. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. Vice Chair Carollo: Thank you. Mr. Kasdin: Thank you very much, Mr. Chair and members of the Commission and staff. PZ.6 ORDINANCE First Reading 11-00398Iu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO LARGE SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY EXPANDING THE "LITTLE HAVANA TARGET AREA" RESIDENTIAL DENSITY City of Miami Page 77 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 INCREASE AREA LOCATED APPROXIMATELY BETWEEN INTERSTATE 95 AND METRORAIL RIGHT-OF-WAY AND BETWEEN SOUTHWEST 11TH STREET AND SOUTHWEST 15TH ROAD/BROADWAY, MIAMI, FLORIDA; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-003981u CC SR 07-28-11 Fact Sheet.pdf 11-003981u Analysis.pdf 11-003981u Concurrency Management Analysis.pdf 11-003981u Future Land Use Maps.pdf 11-003981u Miami 21Maps.pdf 11-003981u Aerial Maps.pdf 11-003981u Traffic Analysis.pdf 11-003981u School Concurrency.pdf 11-003981u PZAB Reso.pdf 11-003981u Various Agency Responses.pdf 11-003981u CC Legislation (Version 3).pdf 11-003981u ExhibitA.pdf LOCATION: Approximately between Interstate 95 and Metrorail Right -of -Way and between SW 11th Street and SW 15th Road/Broadway [Commissioner Frank Carollo - District 3] APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on May 18, 2011 by a vote of 7-1. PURPOSE: This will expand the above area to the "Little Havana Target Area" Residential Density Increase Area. Motion by Commissioner Dunn II, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Dunn II Absent: 2 - Commissioner(s) Gort and Suarez Vice Chair Carollo: Madam City Clerk. Priscilla A. Thompson (City Clerk): Yes, sir. Vice Chair Carollo: We're on PZ.6? Ms. Thompson: That would be correct, PZ.6. Francisco Garcia (Director, Planning): Item PZ.6 is a -- Vice Chair Carollo: Hold on. Commissioner Sarnoff, if you leave, we'll break quorum. Yeah, if you leave, we'll break quorum. PZ.6, go ahead, Mr. Garcia. Mr. Garcia: Thank you, sir. Item PZ.6 is the -- a first reading ordinance proposing a land -use City of Miami Page 78 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 change for what is known as the Little Havana residential density increase area. Essentially, the proposal is to take an area of approximately seven urban blocks bounded by Southwest 11 th Street to the north, Southwest 15th Road to the south, the Metromover right-of-way to the east, and roughly Southwest 3rdAvenue to the west. And the purpose here is not to change the zoning designation at all, so the massing of the buildings would remain essentially as it is. The proposal is that the density be increased from what is presently allowed, which is 150 units per acre to 200 units per acre, thus increasing 50 units per acre for this entire area. Of note is the fact that this is approximately five or so blocks south of the development proposal you recently evaluated, the Brickell CitiCentre, and there the density increases once again significantly as you get closer to the core of downtown to 500 units per acre. We think that the infrastructure exists there to sustain that density and we therefore recommend approval. The Planning, Zoning and Appeals Board also recommended approval unanimously. Vice Chair Carollo: Thank you, Mr. Garcia. Is there anyone from the public wishing to speak on this item? Anyone from the public wishing to speak on this item? Hearing and seeing none, the public hearing is now closed. Is there a motion? Commissioner Dunn: So move. Vice Chair Carollo: Motion by Commissioner Dunn. Is there a second? Commissioner Sarnoff. Second. Vice Chair Carollo: Second by Commissioner Sarnoff. Any discussion? Hearing none, all in favor, say "aye." Maria J. Chiaro (Deputy City Attorney): It is -- Priscilla A. Thompson (City Clerk): No. It's an ordinance. Vice Chair Carollo: Oh, I'm sorry. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3-0. PZ.7 ORDINANCE First Reading 10-00963zt1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO.13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY MODIFYING ARTICLE 1, SECTION 1.2. ENTITLED "DEFINITION OF TERMS" AND ARTICLE 3, SECTION 3.6.3, ENTITLED "ADDITIONAL OFF-STREET PARKING REGULATIONS", TO ESTABLISH CONDITIONS AND STATIONING REQUIREMENTS FOR RECREATIONAL WATERCRAFTS IN T3 AND T4 ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00963zt1 CC FR 06-23-11 Fact Sheet.pdf 10-00963zt1 PZAB Reso.pdf 10-00963zt1 CC Legislation (Version 2).pdf City of Miami Page 79 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 LOCATION: Citywide APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on May 18, 2011 by a vote of 7-1. PURPOSE: This will establish equivalent regulations and requirements from former Zoning Ordinance No. 11000 and place them in the Miami 21 Code; more specifically, to establish conditions and requirements for pleasure water crafts in T3 and T4 Transect Zones. Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 2 - Commissioner(s) Sarnoff and Dunn II Noes: 1 - Commissioner(s) Gort Absent: 2 - Commissioner(s) Carollo and Suarez Vice Chair Carollo: We're on PZ -- Chair Gort: 7. Vice Chair Carollo: -- 7. Francisco Garcia (Director, Planning): Yes, sir, PZ.7. PZ.7 is a first reading ordinance amending the zoning ordinance Miami 21. This ordinance proposes to establish conditions and requirements for the stationing of watercrafts on single-family residential properties citywide. By way of a very brief history, I will mention that zoning ordinance 11000 contained provisions to this effect. Miami 21 in its incorporation failed to address this matter and so now we are trying to bring in regulations to govern these uses throughout the City. We are proposing essentially a similar set of conditions as existed under 11000 with one significant difference, and that is that under this ordinance these watercraft will be able to be stationed on single-family residential properties through the warrant process. I will close by mentioning that the PZAB (Planning, Zoning and Appeals Board) in considering this item, although they recommended favorably, they were of the opinion that we might -- we, the City, might be well served by considering an amnesty period to allow all of those who are presently in compliance or wish to be in compliance with this ordinance with the terms of this ordinance but would prefer not to go through the warrant process, allowing them for the possibility of coming in and submitting affidavits to the City showing that they are satisfying the terms of the ordinance and therefore being exempt from the warrant. We have discussed this internally, and one way to achieve that is to once again make the ordinance -- perhaps adopt the ordinance today only on first reading, and then subsequently on second reading with an effective date of six months down the line. And in that six months period, we would then accept affidavits showing compliance by all the property owners who care to submit it. We would have a PSA (Public Service Announcement), set up announcements to publicize this effort. And in coordination and communication with the NET (Neighborhood Enhancement Team) offices, they too would be a part of the effort and accept these affidavits and then go ahead and forward them to the Planning Department for safekeeping and for the record. Based on that -- and we certainly think that that is a wise course of action. So based on that, we recommend your approval subject to the modification that basically just described, if you so wish. City of Miami Page 80 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Chair Gort: Okay, it's a public hearings [sic]. Is anyone from PZ.7? Ben Fernandez: Good afternoon, Commissioners. Ben Fernandez, 200 South Biscayne Boulevard. I'm in support of the legislation. I think it's a good idea. I would simply ask that you consider that it be modified in order to be a little bit more inclusive. The way it currently is drafted, all multifamily dwelling structures would be prohibited from keeping any type of watercraft in their yard area. It only allows single-family homes to keep those types of watercraft. I realize that there may be a problem in the City with apartment buildings keeping multiple watercrafts, and if that's an issue, I understand it. I'm just saying that wherever you have a mul -- a T4 transect, whether it is developed with a single-family residential structure or a multifamily residential structure, say a two- to three- or four -unit building, that it should also be entitled to keep at least one watercraft, and particularly in those instances where you have that situation abutting an industrial area. There are many instances where T4 abuts an industrial area that has absolutely -- the watercraft, if well landscaped, would have absolutely no impact. It's just illogical to prohibit a higher transect from keeping the same number of watercraft as a T3 transect. I don't understand the purpose. Perhaps staff can enlighten me, but that would be my personal concern. Chair Gort: Okay, anyone else? Anyone else? We close the public hearing. Mr. Garcia: I'm happy to address that, if you'd like, sir. Chair Gort: Sure. Mr. Garcia: I guess two points to make. The ordinance as it presently reads does allow for the stationing of watercraft in T3 -- all T3s, T4-R and T4-L. It stops there. So long, however, as the property is developed a single-family residence, exactly for the reasons you alluded to, which is if it is a duplex and given the platting pattern of the City of Miami where you typically have 5,000 square foot lots, that is tight already as it is; and if you have a duplex condition, then it will simply be in our opinion too much to have two watercraft stationed there. Now -- so that goes to why in the lower densities we are seeking to maintain it only for single-family residences. Beyond that in the higher densities, if it is within the building, in other words, not on the yard, then it is certainly acceptable to do that so long as, of course, it complies with the condominium regulations. Mr. Fernandez: Inside of the building? Well -- but that would never happen. Chair Gort: Excuse me. Mr. Fernandez: I'm sorry, Mr. Chair. Chair Gort: Let's not have any arguing. Mr. Fernandez: May I, through the Chair, reply? Chair Gort: We closed the public hearing. Through the Chair, you can answer a question, yes. Mr. Fernandez: Thank you. What if you have a 10,000 square foot, four -unit apartment complex that is, like most City ofMiami apartment complexes, built in the '50s without any garage, no place to house a structure, with a large backyard area abutting an industrial district? How can it not be appropriate or as appropriate to apply for one watercraft in that instance? Mr. Garcia: One could conceive of a satisfactory application of that. The problem we foresee is that only one unit owner or one resident would have the right to avail themselves of that privilege, therefore leaving everyone else out and we anticipate that that will create a significant City ofMiami Page 81 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 set of troubles. In other words, under what guides -- Mr. Fernandez: I understand. Mr. Garcia: -- would we be able to accept one on a first -come, first -serve basis? Because, once again, so long as you are a unit owner in that particular property, you would have the right to apply and you wouldn't necessarily need to inform anyone else there. And if they are not aware, then simply -- Mr. Fernandez: I understand. Chair Gort: Excuse me, Ben. Mr. Fernandez: I'm sorry. Chair Gort: I'm not going to have you going back and forth. Mr. Fernandez: I'm sorry. Chair Gort: You're an attorney. You're used to that; we're not, okay. You heard. You put your complaint and you -- what you're requesting and we closed the public hearing and let you ask a question and that's it. Mr. Fernandez: May I address the board? Chair Gort: No. That's all right. Thank you. Mr. Fernandez: Okay. Chair Gort: What's the pleasure of the board? Commissioner Sarnoff. I'm -- you know, I oppose -- I actually oppose this ordinance, so I'll be opposing it. I am somewhat moved by Mr. Garcia's suggestions, but I've always wondered why the City ofMiami has this absolute utter tendency to legislate to the lowest common denominator so that you can legislate that a person who lives next door to you can have a watercraft so you get to see it, you get to always taste it, you always get to feel it; whereas other cities, substantially a lot like us -- Coral Gables doesn't allow it, others don't allow it, but we in the City ofMiami do allow it. And the suggestion that was just made that it should be done on multifamily, multi -- multifamily properties to me is sublimely ridiculous. But if you want to live to the lowest common denominator, then pass this ordinance. Commissioner Dunn: I second his -- I think Commissioner Sarnoffs motion. Chair Gort: Further discussion? I understand what you're saying about -- Commissioner Dunn: That's to deny, right? Chair Gort: -- Coral Gables -- Commissioner Dunn: That's to deny? To deny. Priscilla A. Thompson (City Clerk): So I'm recording the mover for a motion to deny as -- Chair Gort: To deny by Commissioner Sarnoff -- City ofMiami Page 82 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Commissioner Dunn: Yes. Ms. Thompson: Thank you. Chair Gort: -- second by Commissioner Dunn. Ms. Thompson: Thank you. Chair Gort: I believe the City ofMiami is a little different. I think we -- unfortunately, we have a lot of individuals that do own (UNINTET ,T IGIBT ,F) boats and so on and they really don't have the space (UNINTELLIGIBLE) to storage. Where will you ask these people to put their boats? Mr. Garcia: Mr. Chair, ifI may, sir. Chair Gort: Yes. Mr. Garcia: Just very briefly to add the following. Andl may not have made this clear in my presentation, but the present state of affairs is that they are not allowed at all. What we are seeking to do is to allow them under certain regulations. If your pleasure is that they be allowed with a lesser set of regulations, then perhaps you can ask us to bring you back a more liberal ordinance and we're happy to do that. And if so and if you care to inform us as to how you would like to make it more liberal, once again, we're all ears. Chair Gort: Okay. There's a motion, there's a second. No further discussion. All in favor, state it by saying "aye." Commissioner Dunn: Aye. Chair Gort: No. Commissioner Sarnoff. It's an ordinance, right? Maria J. Chiaro (Deputy City Attorney): You're moving to deny. I don't need to read it. Commissioner Sarnoff. Okay, all right. Chair Gort: I voted no. Mine's a no. PZ.8 ORDINANCE 11-00492zt First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 7, SECTION 7.2.6, ENTITLED "NONCONFORMING USES", BY MODIFYING REGULATIONS TO ALLOW NONCONFORMING USES TO CONTINUE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00492zt CC SR 07-28-11 Fact Sheet.pdf 11-00492zt PZAB Reso.pdf 11-00492zt CC Legislation (Version 3).pdf LOCATION: Citywide APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of City ofMiami Page 83 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on June 15, 2011. PURPOSE: This will establish procedures for allowing legal nonconforming uses to continue after review and approval by the Planning Department. Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez Barnaby Min (Zoning Administrator): PZ.8? Chair Gort: PZ.8. Mr. Min: Barnaby Min, on behalf of the Office of Zoning. PZ.8 is an amendment to Article 7 of Miami 21 concerning nonconforming uses. Currently, how Article 7 is drafted it states if a nonconforming use has had a certificate of use lapsed for six months or less it can be automatically renewed. What we're proposing is for certificate of uses [sic] that have lapsed between the -- between six and eighteen months, the CU (Certificate of Use) can also be renewed but by process of a warrant, which we require a review process by the Planning Department. Chair Gort: Thank you. Anyone would like to address this? This is a public hearings [sic]. Close the public hearing. Now my understanding, this is the individual that use -- that have the CU and they lost the CU because the time of six months was passed. Am I correct? Mr. Min: This is situations where it's a nonconforming use. Typically, if a nonconforming use currently has an existing CU, that nonconforming use can continue. Additionally, how Article 7 is currently drafted, if that nonconforming use exists, however, the CU has been expired for six months or less, it can still continue. What we're proposing is for that item period between six and eighteen months -- so basically extending the lapsing of the CUs because of today's economy where it's very difficult for certain landowners bringing tenants and unfortunately it's considered a nonconforming use but they haven't had an active CU because they haven't had a tenant. So this gives them the opportunity to continue the nonconforming use. Chair Gort: And this will also be a fee that they would have to pay for all the previous CUs that were not paid? Mr. Min: There is a warrant review fee that's involved, which includes notices to all the abutting property owners, as well as the actual warrant process. So that's for the actual review process by the Department of Planning. Assuming that the warrant is actually approved, then there's also the additional CU fee that they would have to pay. Chair Gort: Okey-doke. Thank you. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. I'll make a motion to deny this ordinance. This, once again, is poor legislation brought about to us by the -- this Administration. What they should be doing instead City of Miami Page 84 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 of changing the policy that's been established in Miami for more than 50 years and because we've gone through some economic times that have been very tough on some people, what they should be doing is creating an amnesty/pilot program that would be -- change Chapter 2 for two years that would allow the guidelines that they set so that those people who have been frozen out by this economic time can be rehabilitated and brought back in. However, to change the policy ad infinitum in the City ofMiami forever is going to have a law of many unintended consequences that will be borne in our code forever. You'll be changing great deal of legislation and jurisprudence. You will not know the effect of that for the next five to ten years. It's imprudent to do it. This is knee jerk reaction to a set of circumstances brought about by two or three people. This is bad policy. Commissioner Dunn: Mr. Chair. Chair Gort: Okay. Yes, sir. Commissioner Dunn: Second. I second that motion. Chair Gort: Move and second. Any further discussion? Further discussion. I have within my district a lot of individuals, small businesses. They haven't been able to stay open. They have not had the CU for a while, and now there's an opportunity that things are beginning to improve, to go back and to utilize the CU and they going to have to pay the penalty for it. I'm in favor of this one. Commissioner Sarnoff.. And I'm in favor of it on a pilot program. But to change this forever is bad policy. Vice Chair Carollo: Mr. Chairman, I'm sorry. Well, can we have some maybe consensus that maybe approve it on a pilot program -- Commissioner Sarnoff.. Right. Vice Chair Carollo: -- and maybe, you know -- I'm open to any amount of time for this pilot program and let's -- Commissioner Sarnoff.. Two years, and let it sunset out in two years. Let them have the desired effect because of the tough economic times, but go back to your six months because you're going to have a change in policy that is like the artery of the City ofMiami. It's going to have such a profound effect for years to come. I know what you want to -- I know what I think you want to gain. You want to gain -- there are a number of businesses out there that have -- that -- in a warehouse way -- let's say warehouses, have lost their CUs for those uses because they weren't able to rent for a while. Give them the next two years to come into compliance. Beyond that, you're going to then envelope back many, many years. Miami 21 will have taken effect and the intention behind 21 will not grow as it's supposed to. Chair Gort: Do you modify your motion? Commissioner Sarnoff.. I will modify this ordinance that it be under Chapter 2 for a two-year period. At which time it would sunset out. The applicable language of this ordinance with your six to eighteen months be established in there, but at the end of two years, it sunsets back to the six-month provision. That would be my motion. Commissioner Dunn: I accept as the seconder. Chair Gort: Been move and second. City ofMiami Page 85 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Priscilla A. Thompson (City Clerk): I'm sorry. So whatl think I'm hearing, Chair, is -- Commissioner Sarnoff. It's a modi -- Ms. Thompson: -- that the original motion actually has been withdrawn? Vice Chair Carollo: Right. Commissioner Sarnoff. Correct. I withdraw the -- Ms. Thompson: Okay. Thank you. Vice Chair Carollo: Right. Commissioner Sarnoff. -- withdraw that motion. I'm making a modified motion for the ordinance change. Chair Gort: Madam Attorney. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: This is your roll call on your modified motion -- I'm sorry, 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, as modified, 4-0. Vice Chair Carollo: Thank you. PZ.9 RESOLUTION 09-01464za A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY UPHOLDING THE ZONING ADMINISTRATOR INTERPRETATION DATED DECEMBER 16, 2009, RELATED TO THE ISSUANCE OF A PERMIT FOR OUTDOOR ADVERTISING SIGNS, REGARDING A PROVISION CONTAINED IN ARTICLE 10 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. 09-01464za CC 06-23-11 Fact Sheet.pdf 09-01464za Memorandum from Barnaby L. Min.pdf 09-01464za ZB Appeal Letter & Supporting Documents.pdf 09-01464za ZB Reso Including Notary Page.pdf 09-01464za ZB Backup - Zoning Administrator Appeal Letter & Supporting Documents.pdf 09-01464za CC Fully -Executed Legislation (Version 3).pdf 09-01464za CC Fully -Executed Legislation (Version 4).pdf 09-01464za-Submittal-Santiago Echemendia.pdf 09-01464za-Submittal-Outlook Media of South Florida.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez City of Miami Page 86 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 R-11-0273 Vice Chair Carollo: Moving on to PZ.9. Barnaby Min: Barnaby Min, with the Office of Zoning. PZ.9 is an appeal by Mr. Echemendia of a zoning interpretation issued in 2009. Vice Chair Carollo: Thank you. Santiago Echemendia: Hi. Vice Chair Carollo: Mr. Echemendia, name and address for the record. Mr. Echemendia: Good afternoon, Commissioners. Santiago Echemendia, on behalf of Outlook Media of South Florida. I'm here as a co -managing member and individually. We're going to hand out the record and then I'm going to give you a short version of the presentation and a longer version of the presentation, but I'm going to try to do this kind of in a Cliff note way. I know you guys have had a long day, so we'll try to cut to the chase. Vice Chair Carollo: Please do. If you could make sure that the City Clerk obtains a copy. Thank you. Maria J. Chiaro (Deputy City Attorney): Mr. Echemendia, just so that we can be sure that what documents -- be sure that the documents that have been presented either are or are part of the record, the bound document is a, I guess, compendium. It appears to be a compendium of all of the events that occurred before this -- is part of the record right now on this appeal but the City Commissioners have not prior to today received this document. So I don't know whether your intention is for them to consider this as part of the record. Mr. Echemendia: My intention is that in fact this is part of the record which is, I think, relatively typical in a quasi-judicial proceeding is to submit to the members the backup documentation. A lot of this is already in the record. This is really for purposes of facilitating an appendix in the event there's going to be an appeal. Ms. Chiaro: Andl guess I wasn't clear about that. This is a facilitation of that which has already occurred. It is not something for -- that the City Commission needs to adopt as part of the record. Commissioner Sarnoff. So -- Mr. Echemendia: No. It is part -- I am proffering as part of the record. This is my record for appeal. Ms. Chiaro: You -- okay. Commissioner Sarnoff. So then is -- we are expected then as quasi judicial body to read this, understand this, interpret this, so then we'll be rendering our decision in about six to eight weeks? Mr. Echemendia: No, not -- Ms. Chiaro: That's why I'm inquiring. Commissioner Sarnoff. Is that correct? City of Miami Page 87 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Mr. Echemendia: Yeah. Not -- no. Commissioner Sarnoff.. You're going to walk us through the relevant parts. Mr. Echemendia: No, Commissioner Sarnoff. This will facilitate through our -- as I am making my presentation, I will refer to some of the documents here. Many of them are already in your packet. It is not atypical in fact in the 22 years that I've been practicing in -- I have never seen an instance where an applicant/proponent does not submit something like this and that an issue is raised as to whether this is being proffered for the record or not. It is very typical to submit it. Commissioner Sarnoff.. Understand that I always -- when somebody hands me something that is pretty voluminous, I always make the record very clear if you expect me to read and understand this, I will not be rendering my -- the other Commissioners may want to, but won't be rendering my decision -- Chair Gort: You can't. Commissioner Sarnoff.. -- today. Vice Chair Carollo: Not without a five-day rule. Mr. Echemendia: Right, right. No. I understand the -- I will make the record based on the presentation, but this is proffered as part of the record if on appeal Barnaby or Warren wants to take the position or Maria that this isn't part of the record, that will be part of the motion to strike the appendix. Commissioner Sarnoff.. All right. Mr. Echemendia: Okay. Let me give you the nutshell version. We entered into -- we, Outlook Media of South Florida, entered into an agreement with Carter regarding seven sites. One of the sites was Sevennine, which was -- and that was submitted to the City. The infamous Sevennine site was approved by the City. There were six other sites that were not approved for various reasons that were articulated which don't appear in the Code. One was necessity and one is a relocation. They do appear in the settlement agreements, but those provisions had never been historically applied to CBS or Clear Channel or Carter. And so what happens. And you have the one page version in front of you to facilitate just to ease the analysis. You had (UNINTELLIGIBLE) partner or Carter and our (UNINTELLIGIBLE) partner application. The City said that's -- there's an issue with Lummus being within the spacing window. Brickell Land, there's an issue with Jose Marti being in the spacing window. GT, there's an issue with GT being in the spacing window. That is Carter's GT and CBS's GT. Austin Burke, Carillo (phonetic), Tanaka, there was no conflict. Contemporary Contractors, there was no conflict. They signed Sevennine. All of the applications before you, all six that are on appeal, there is a rule at the state level that says -- and there's a discrepancy between the settlement agreements and the state statute. And Joel Little can correct me if I'm wrong. I don't know which is which. But in the settlement agreement, it says you've got to build by 270 days or your permit lapses. There's the state statute which says 280 days. It's one or the other. I forget which is which, but all of these have expired with -- except poss -- when I say all of these, I'm saying the ones that are in conflict with the applications before you. Except I believe GT Auto, which has just a little time left. The City signed a number of the Carter applications without conditions, that is the relocation and necessity, as well as CBS and Clear Channel, before Carter submitted these applications. They signed Sevennine without the relocation and necessity conditions. They didn't sign Tanaka and Temporary [sic] Contractors even though there was no conflicting application which is inconsistent with the 270/280 argument. Pieter subsequently -- Pieter Bockweg, who was then the project manager over billboards and murals, signed five Carter applications shortly after refusing to sign these particular six and now that the 270 and 280 days have expired, it is our City of Miami Page 88 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 position that the City should sign the Carter applications that have been pending. So maybe the easiest -- the least painful way to do this is I would like to ask the new project manager, Vanessa Acosta, a few questions, and then I'll just amplin, a little bit to give a little bit more backdrop and help me amplin, the record. Mr. Min: Mr. Chair, I would defer, of course, to the Law Department, but from my understanding, these types of appeals are de novo. I'm not quite sure what the purpose is of an evidentiary hearing or taking testimony from witnesses when it's my opinion that it is the Commission's responsibility to determine whether it's clear and competent substantial evidence that justifies the Zoning Administrator's interpretation. Commissioner Sarnoff.. You're saying they're -- Chair Gort: Thank you. Commissioner Sarnoff.. -- not de novo, right? Mr. Min: It is de novo -- Commissioner Sarnoff.. It is de novo. Mr. Min: -- and it's simply is there competent substantial evidence supporting the decision. Chair Gort: Okay. Mr. Echemendia: IfI may, Mr. Chairman. Chair Gort: Yes. Mr. Echemendia: It is a quasi-judicial proceeding. I think Maria or Madam City Attorney will tell you that I have the legal right to ask questions and cross-examine witnesses. The fact that it's de novo and not an appeal doesn't render it not a quasi-judicial proceeding. Really, what we have to show here -- and it's not just competent and substantial evidence. It's three things. It's whether procedural due process was afforded, whether the essential requirements of the law -- whether there is a departure from the essential requirements of the law. That is, are you guys applying the correct law and following the law and whether there's competent substantial evidence. I intend to show that there was a deprivation of procedural due process, that there was no competent and substantial evidence, and that there's been a departure from the essential requirements of the law. But I need to ask Vanessa some questions to make the record. I would submit to you respectfully that to not allow me to ask her questions is a classic deprivation of procedural due process. Chair Gort: Okay. Mr. Min: And -- Chair Gort: I'm not a judge and I'm not an attorney, so allow my attorney to inform me and let me know. Ms. Chiaro: I believe the appellant has the right to ask questions of staff relevant to this application. Mr. Min: And my -- Commissioner Sarnoff.. You're going to cross-examine Vanessa? City of Miami Page 89 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Mr. Echemendia: I'm just going to ask her questions. Commissioner Sarnoff. I just want to know you got your vaccination. Mr. Echemendia: I wouldn't say cross-examine. That's a little -- Commissioner Sarnoff. Have you been -- Mr. Echemendia: -- harsh. Commissioner Sarnoff. -- vaccinated? Mr. Echemendia: I'm sorry? Commissioner Sarnoff. Have you been vaccinated? Mr. Echemendia: She's a tough witness to cross-examine, I know. Mr. Min: Mr. Chair, my second concern is exactly what your City Attorney has mentioned, whether the testimony is relevant. Ms. Acosta, from my understanding, started with the City in August of 2010. What the relevance is as far as a decision by the Zoning Administrator to deny the permits in October of 2009, I'm not quite sure what the relevance is a year later. Mr. Echemendia: Mr. Chair -- Chair Gort: I'll let the attorneys fight this out. Yes, ma'am. Ms. Chiaro: You won't be able to tell what the relevance is until the questions are asked. Vanessa Acosta: Vanessa Acosta, assistant director of Building and Zoning. Mr. Echemendia: And have you been sworn in, Vanessa, please? Ms. Acosta: No. Todd Hannon (Assistant City Clerk): Please raise your right hand. The Assistant City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Okay. Thank you. Mr. Echemendia: Do you mind ifI call you by just Vanessa or Ms. Acosta? Do we have to get that formal? Is Vanessa okay? All right, good. Ms. Acosta: Vanessa's fine, Santi. Mr. Echemendia: Will -- And you can call me Santi -- the City -- now that the 202 -- assuming that the 202 -- 270/280 days -- well, first of all, has the 200 -- 270/80 -- the 270 or 280 days lapsed for Lummus, Jose Marti, Carillo (phonetic), and GT? Are you aware if they've lapsed or not? Ms. Acosta: I don't know exactly at what point they lapsed. I do know that they are about now up for their timeframe. City of Miami Page 90 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Mr. Echemendia: Fair enough. IfI show for the record that they in fact have lapsed, would the City then sign the applications that are the subject of this appeal? Let's say I show for the record that Lummus, Jose Martin, and Carillo (phonetic) have lapsed. At that point, would the City, since the basis was that there were conflicting applications and there would no longer be conflicting applications, would the City be in a position to sign those three? Ms. Acosta: It would depend who is requesting the applications whether they would be signed, under what settlement agreement we were signing them, and the terms of the particular agreement would rule as to whether we would be allowed. Mr. Echemendia: Fair enough. That's a fair answer. But assuming that under those various scenarios that there isn't the conflict, I would imagine that you would sign them. Ms. Acosta: If under the settlement agreement the City had the power to sign them, the City would then yes sign them for whoever who had come in first. The City also has a policy of first in, first out as it relates to FDOT (Florida Department of Transportation) applications. Mr. Echemendia: That is correct. The -- insofar as Tanaka and Contemporary Contractors don't have any conflicts, would the City -- is there any reason for -- let me frame it a little bit differently. The reason articulated by the City at the time for not signing Contemporary and Tanaka was the necessity relocation issue. Are you familiar with the necessity relocation requirement in the settlement agreements? Ms. Acosta: I am not sure as to why at that juncture the Zoning Administrator would have denied the applications. I would have to review with the Law Department and with the record of the Zoning Office as to why they were denied and again decide based on the terms of the settlement agreements that are currently in place. Mr. Echemendia: Okay. Let me ask it a little differently. Are you managing the FDOT permit applications that are currently -- that are filed that are called the local government approval? Ms. Acosta: I am managing it in conjunction with the Law Department as these are ruled by existing settlement agreements and as the settlement agreements are legal documents, the Law Department to date has assisted in reading the terms of the agreements for purposes of signing. Mr. Echemendia: Have you signed off on any FDOT local government approvals? Ms. Acosta: After discussion with the Law Department, I believe that I've only signed off on I think maybe four. I'm not exactly sure as to the number. Mr. Echemendia: When you have signed off on those four, has there been an analysis of relocation and necessity? Mr. Min: Mr. Chair, I'm not here in the capacity of an attorney, but I'm going to again object because I'm not quite sure how any of these questions are relevant to a decision that was made back in October of 2009 when Ms. Acosta was not here and whether she signs things today or how she signs them today and what she reviews today is totally irrelevant to what happened in October 2009, which is what Mr. Echemendia's appealing. Mr. Echemendia: Mr. Chair, ifI -- Chair Gort: I'm not used to this. I'm not a judget; I'm not a lawyer and you guys can be arguing here all night long. I got to listen to my City Attorney. City of Miami Page 91 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Mr. Echemendia: Oh, absolutely. That's fine. Ms. Chiaro: The activities today are not relevant to the appeal and to the denials at the time. So after -- anything that's discussed about current processes is not relevant to the appeal. Mr. Echemendia: Okay. Chair Gort: Okay, so you're going to be the judge in here at this time. You're going to sit -- Ms. Chiaro: If the Chair -- Chair Gort: -- there and judge is he out of order or whatever. Mr. Echemendia: Well, I mean, I thinkl can state my position at least as to the objection, right? Chair Gort: Excuse me. Mr. Echemendia: Don't I have the right to state -- Chair Gort: Hey, excuse me. I'm conducting the meeting, all right, if you don't mind. Mr. Echemendia: I understand you're chairing -- Chair Gort: Okay. Mr. Echemendia: -- but this is a quasi judicial -- Chair Gort: I'm conducting the meeting. Mr. Echemendia: -- proceeding. Chair Gort: Please, okay. Mr. Echemendia: I have the right to be heard, Mr. Chairman. Chair Gort: I'm not a judge. I got -- you got the right to do whatever you want. I understand that. I'm not knowledgeable of court, how they rule and so on, so I got to ask my attorney to give me her opinion and to let me know if we can continue this type of questioning or not. Ms. Chiaro: I -- as I stated, the activities that occur today are not relevant to the activities related to the applications that were denied to this appeal. If the Chair wishes, I can interject when it appears that the questions are not relevant. Chair Gort: Please do. Mr. Echemendia: Okay. Chair Gort: Thank you. Mr. Echemendia: Thank you, Mr. Chairman. Typically, let me just -- by way of background the way it works -- andl say this respectfully. You guys are acting as quasi judges today. I am trying to make a record. Typically what happens is when there's an objection, you hear the objection -- Chair Gort: Right. City of Miami Page 92 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Mr. Echemendia: -- and Mr. Sarnoff knows this -- and then you hear my response relative to the objection. Chair Gort: And we can say yes -- Mr. Echemendia: And then there's a ruling. Chair Gort: -- we agree with the objection and that's it, right? Mr. Echemendia: Wait, but you haven't heard my response relative -- Chair Gort: Okay. Mr. Echemendia: -- to the objection. Chair Gort: Go ahead, respond. Mr. Echemendia: My response, the City's basis for denying these applications -- Barnaby keeps saying what's the relevance today of what happened back in 2009. Well, what you're hearing today is the appeal of 2009. I don't have Pieter Bockweg here to answer questions, so the question that I am asking not only is relevant goes directly to the reason why the City denied. The City denied based on conflicting applications and the fact that there was no necessity in relocation. I am asking if they apply a necessity in relocation requirement. How can that not be relevant? That's the basis of the City's denial -- Chair Gort: Okay. Mr. Echemendia: -- of the applications. If the City is going to articulate that they don't have a necessity in relocation requirement, then we argue to the court, Court, they denied us on a necessity relocation and they don't apply a necessity relocation. How can that not be relevant, Maria? Chair Gort: Thank you. Commissioner Sarnoff. Two observations. Can I make for you? Chair Gort: Yes, go ahead. Commissioner Sarnoff. First place, if you wanted to have -- you'll like what I'm going to say in one respect and won't in another. If you wanted to have Pieter Bockweg here, did he have subpoena power to do that? Mr. Echemendia: No. Ms. Chiaro: He did not. Commissioner Sarnoff. Okay. Then what he lacks is a foundational question to establish that the procedures and the law in 2009 is the same as it is today. Once he establishes that, I would urge you or recommend that you allow him to proceed. But he does not -- he has not provided the predicate underlying basis to demonstrate that the 2009 procedures are the same as today. If they turn out to be the same, somebody affirmatively testifies to that, my recommendation to you is let him proceed. Mr. Echemendia: Vanessa, are the 2009 -- City of Miami Page 93 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Ms. Chiaro: Mr. Chair. Mr. Echemendia: -- procedures the same as today's? Ms. Acosta: The procedures under which the City operates this program are first in, first out as to the FDOT forms signed off on under the existing settlement agreements. As to whether at that juncture it was the same, I'm not sure. Mr. Echemendia: Okay, let me ask it a little differently, and thank you, Commissioner Sarnoff. Have the settle -- has the CBS and/or Clear Channel but for the LEDs (Light Emitting Diodes) in the Clear Channel agreement or the Carter agreements been amended since 2009? Ms. Acosta: No, they have not. Mr. Echemendia: Thank you. Those agreements -- they're in the record -- they all contain a necessity relocation requirement. That has not changed. Is that correct? Ms. Acosta: The agreements have only been altered insofar as amendments to the Clear Channel agreement. No other changes have been made. Mr. Echemendia: Okay. Let me proffer to you -- and it's reflected in the record -- that those three agreements all have a necessity in relocation requirement. Let me go back to my first question. When you approve the FDOT forms, do you impose a necessity in relocation requirement? Then today has that changed? Ms. Acosta: There are provisions in the three settlement agreements for necessity in relocation. Mr. Echemendia: When you get an FDOT application, do you look at whether there's a necessity and/or whether it's a relocation before signing the FDOT form? Ms. Acosta: That is part of the analysis that's performed Mr. Echemendia: That is part of the analysis that is performed today. Ms. Acosta: Yes. Mr. Echemendia: Is that in writing? Is that -- is -- When you look at the FDOT forms, do you guys put in writing that there's been a necessity relocation analysis and that's it's met? Ms. Acosta: Each one of the relocations that has occurred has received its own analysis and the approvals are done based on the agreements and since the agreements have differing requirements. Mr. Echemendia: Okay. Ms. Acosta: They're analyzed individually. Mr. Echemendia: Okay. have you heard that Carter is about to sue the City for -- on Warren's denial of their 826 site? Ms. Acosta: As of right now, I -- Ms. Chiaro: That one -- Mr. Chair, we're way beyond the scope of this -- City of Miami Page 94 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Mr. Echemendia: I object (UNINTELLIGIBLE). Ms. Chiaro: -- appeal. Mr. Echemendia: That's fine. All right. In a nutshell -- Chair Gort: Are you through with the witness? Mr. Echemendia: For now I am, yes. Chair Gort: For now. You're going to bring her back? Mr. Echemendia: Maybe if Barnaby asks her questions then I have sur -- Chair Gort: Okay. Mr. Echemendia: -- I have the ability to redirect -- Chair Gort: Thank you, sir. Mr. Echemendia: -- or cross-examine. Marc is the trial lawyer. I'm just an administrative lawyer. We signed -- it's just very inconsistent. Here's what happened and the presentation in the record reflects it. We entered into this agreement with Carter. We filed six applications -- seven. One is signed; two there was no excuse other than relocation and necessity. I would submit to you notwithstanding what she has articulated, with all due respect, that the City has never asked of Clear Channel, CBS, nor Carter until recently that they show a necessity. In fact, we filed 11 applications, Outlook Media of South Florida that were signed off on by the City and the City didn't ask us for a relocation and -- didn't do a relocation and necessity analysis. They do it for the first time for the Carter applications. Shortly thereafter, Carter gets threatened by CBS that they're tortuously interfering with some of the sites that we had an agreement with them. They run away. They file five applications. Lo and behold, the City signs five applications without a necessity and relocation analysis. I would submit to you that there is absolutely no competent substantial evidence to deny the applications. Moreover, in addition to the relocation and necessity analysis, the 270 days and 80 days that were used as a basis to assert that there were conflicting applications, I think the record will reflect based on this document, which is proffered for the record and becomes part of the record that there is no conflict. And as a result, I would submit -- and I'm really winding this down for you, Mr. Chairman, and I know you've had a long day. But I would submit to you that there is no competent substantial evidence to deny these applications, that -- and indeed, one other little digression which is very interesting -- and this is very important just to show -- Marc, I think you sent -- and Marc, we're friends. I apologize that I'm calling you Marc. Commissioner Sarnoff -- professionally friends, sorry. We came in with Carter to meet with the Manager at the time and the City told us if you withdraw -- we had appeals on the renewals of 12 applications including these 6 applications. And Mr. Bittner said, well, we can't sign them because you have conflicting -- your own conflicting applications on 12 -- on these 6. If you're willing to withdraw those, we will sign the Carter applications. So what did we do? We submitted a letter to the City saying we will conditionally -- we will withdraw -- oh, but CBS has to approve the fact that you withdraw the appeal. This is the very appeal that they were objecting to but now they have to consent to us withdrawing the appeal. I know I'm losing you guys, but the re -- it's important for the record. This is really for the 11 th Circuit. Chair Gort: Sure. Mr. Echemendia: So we withdraw, we send the letter. CBS says, okay, Sevennine, Tanaka, and Contemporary are fine. We have no problem. The City signs Sevennine; they don't sign City of Miami Page 95 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Contemporary and Tanaka. And now it was a conditional withdrawal, but the City never allowed us to go forward with those appeals. So what would submit to you is you can't have it both ways. You can't tell us, withdraw your appeal and we'll allow these to go forward but not allow these to go forward and then not allow the appeal to go forward. It's either one or the other. You can't have it both ways, respectfully. And so we believe strongly that there's been a deprivation of procedural due process, that there is no competent substantial evidence to deny the applications, and that there's been a departure from the essential requirements of the law. My last comment and then I'd like to reserve time for rebuttal. I think Barnaby is -- andl would implore you to rule on the merits. Barnaby -- below there was a memo regarding standing that we didn't have standing because we had an -- the standing focused on whether we had an agreement with Carter and their settlement agreement. First the memo said the settlement agreement had expired. It hasn't expired. It's (UNINTET,T IGIBT ,F) 'til 2028. It said it expired in 2008. And there's evidence in the record that Carter -- we're in litigation with Carter that they terminated that agreement, that they had rescinded -- even though they initially filed an appeal of these applications that they had rescinded that appeal, I would submit to you respectfully that the issue between us and Carter is an issue that is being litigated and is irrelevant to the issue of standing. The law is very clear from -- in terms of your code. You have to be an aggrieved party, which means basically having a legally recognizable entrance. Under Renard -- andl have the case for you -- it's the classic -- it is the Seminole common law case, Renard versus Miami -Dade County. it basically says you have to be an aggrieved party. An aggrieved party is simply a party that has a legally recognizable interest which will be affected by your decision today. Clearly, your decision today will affect our interest. I think most important, however, is the citizens' bill of rights. There is a citizens' bill of rights in the County, and you guys have a citizens' bill of rights. And that citizens' bill of rights says that any interested person has the right to be heard, has the right to no unreasonable postponement. This has been pending since 2009 and was delayed, delayed, delayed until we agreed to some delays because of the pending settlement that has now been deferred and is out in limbo somewhere, and a right to a public hearing. You've given us the public hearing. And moreover -- andl say this as a point of fact, not as a threat in any way or to look ugly or what have you -- any public official that willfully violates those provisions can forfeit their office. What should happen here is that you hear the standing issue and that you allow -- and that you rule on the merits and you let the judge then rule on the standing issue, not prevent -- what you've heard -- we've already made a record and simply rule on the standing issue. So respectfully, I was giving you that -- basically giving you all of the information, trying to be as forthcoming as possible, and we thank you. Chair Gort: Thank you. Mr. Min: Barnaby Min -- Chair Gort: Yes. Mr. Min: -- with the Office of Zoning. Ironically, there are a few things that Mr. Echemendia andl agree with. The number one issue is that the standard of view -- for review in this proceeding is whether there's competent substantial evidence. And that means is there any evidence that supports the Zoning Administrator's decision back in October 2009 to make the decision that she made. It doesn't matter if there's 200, 300, and 400 pieces of evidence that point to a different decision that she should have made as long as there is one competent substantial piece of evidence that supports the decision, then the Zoning Administrator's interpretation should be upheld. What I'd like to do with that understanding as far as what the standard of review is, what I'd like to do first is show you the exhibits that have already been introduced as backup materials. It is not the 5,000 pages that Mr. Echemendia just introduced. Argue why Mr. Echemendia does not have standing not for the reasons that he just stated but for other both legal as well as substantive reasons why he does not have standing and then discuss the actual substantive reasons why those six permits were denied. As far as the backup materials, as Mr. Echemendia pointed out, there is a legal memorandum from the City Attorney's City of Miami Page 96 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 office indicating that Mr. Echemendia/OutlookMedia, does not have standing to proceed in today's hearing. The next six documents are the six subject permits that are the purpose of today's hearing. And obviously, this is not the fancies PowerPoint 'cause I'm not technological. And then this is zoning ordinance 11000, which is the applicable ordinance back in October of 2009. This is the resolution issued just prior to Mr. Echemendia's applications indicating number one, that the City's participating now in a new pilot program and, number two, that the City had at that time three outstanding settlement agreements with various billboard companies. The next few pages are the actually settlement agreement with Carter. I'm not quite sure why we keep talking about CBS or any other billboard companies because they're not relevant to today's proceeding. This is the actual e-mail (electronic) that has resulted in today's appeal. It's a simple e-mail from Lourdes Slazyk indicating that the City has declined to sign off on the six FDOT applications. Here is a letter dated January 7, 2009 from Carter's representatives indicating that there is no agreement with Outlook Media or Mr. Echemendia. Commissioner Sarnoff.. Whoa, whoa. Could we read that just so --? Mr. Min: You can read it, but I am going to highlight -- would you like to read it now because I was going to highlight relevant language. Commissioner Sarnoff.. Okay, that's fine. Mr. Min: Do you want to do it now or --? Commissioner Sarnoff.. No, no, no. That's fine. If you're going to highlight it, that's fine. Mr. Min: This is an e-mail from Carter's representative indicating that the only two people that can act -- have authority to act on Carter's behalf are their attorneys, Carol (UNINTELLIGIBLE) and Herminia (phonetic) San Roman. And those are the exhibits I plan to introduce. I want to first go to ordinance -- Zoning Ordinance 11000 to explain why Mr. Echemendia does not have standing to proceed in today's hearing. I believe the Commission already knows in that today's ordinance Chapter 62 is very similar to Zoning Ordinance 11000 in that it specifically states billboards are illegal in the City ofMiami and permits for billboard shall only be issued if there is a pending settlement agreement with the City ofMiami. Here's the specific language saying billboards are illegal. And the bottom paragraph is the paragraph that states the only time permits can be issued is if there is a pending settlement agreement with the City ofMiami. The City ofMiami in October 2009 and even as of today, never has and still does not have a pending settlement agreement with Outlook Media. Additionally, the resolution that was passed just a few days prior to Mr. Echemendia's application indicates that the only people that had settlement agreements with the City ofMiami were Carter, Clear Channel, and CBS. Outlook Media and Mr. Echemendia's company did not have settlement agreements with the City ofMiami. Going to the Hogan letter, which Commissioner Sarnoff referred to or inquired about, there is a specific provision by Carter indicating that any agreement that they may have had with Outlook Media has in fact been terminated. And again -- Commissioner Sarnoff.. So wait, wait, wait. So -- Is it all right, Mr. Chair? Chair Gort: Yes, go ahead. Commissioner Sarnoff.. So Echemendia or Outlook -- Outlook is the agent on behalf of Carter for a period of time, correct? Mr. Min: Allegedly, although that -- and there -- for another reason, which I'll also show you pursuant to the settlement agreement, that agreement -- that alleged agreement has never been provided to the City ofMiami. So at the time that the applications were provided to the City of Miami, the City was unaware of what those provisions were, what the limitations of that City ofMiami Page 97 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 agreement were, what the specifics of the agreement were. Commissioner Sarnoff. So Outlook acts as if it is the agent on behalf of Carter and then on -- Could you just pare down a little bit? I just want to see the date. January 7, 2010, a law firm advises the City ofMiami that -- you're advised -- Outlook Media through its counsel has refused to cooperate in this regard and has now twice refused in writing to provide alternate date -- alternate sites. Outlook's right to provide alternate sites for consideration has thus been surrendered and further has expired. Accordingly and pursuant to Section 11, Carter hereby gives notice of its termination of the bid award agreement dated September 21, 2009. The September 21, 2009 agreement, which agreement is that? Mr. Min: That is an agreement that the City has never been privy to. It's an alleged -- Commissioner Sarnoff. It is not privy to and they did not attach and give it to you. Mr. Min: Correct. That's an alleged -- Mr. Echemendia: It's in your record. It's in your record. Chair Gort: Excuse me. Commissioner Sarnoff. I'm just trying to understand at the time this was addressed to -- Mr. Min: This was addressed to Mr. Echemendia and his company. Commissioner Sarnoff. And was it -- how was the City addressed? Mr. Min: I believe it's -- the City received it, if you will, as discovery. Commissioner Sarnoff. Okay. So the City is not necessarily told at that time that there is no agency on behalf of Carter by Outlook. Mr. Min: Correct. Commissioner Sarnoff. Okay. Mr. Min: And in preparation and response to the appeal on file by Mr. Echemendia, we then received confirmation from Mr. San Roman that, again, the only individuals that have the authority to actually act on behalf of Carter are their attorneys, nobody else. Andl referred to the settlement agreement indicating that the settlement agreement requires Mr. Echemendia, Carter, and Outlook if they have an agreement, they have to provide that to the City ofMiami, and that's specifically in paragraph 17F of the settlement agreement. It states that Carter agrees not to transfer or convey any ownership in any Carter sign unless the transferee executes and delivers to the City a copy of the agreement as bound by the terms of this agreement; this agreement being the settlement agreement. Commissioner Sarnoff. So the point of you bringing this up is that you want to show that at no time did Carter itself indicate that Outlook had the authority -- Mr. Min: Correct. At the time that the applications by Mr. Echemendia and Outlook were being considered in September/October of 2009, at that time there was no settlement agreement received from Carter indicating that Outlook Media had the authority to act on Carter's behalf. Commissioner Sarnoff. This is the settlement agreement or this is the pilot program? City ofMiami Page 98 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Mr. Min: This -- the language that's highlighted now is the settlement agreement between Carter and the City ofMiami. Commissioner Sarnoff.. Okay. Mr. Min: Additionally, I would point out that assuming that Mr. Echemendia did have the authority to act on behalf of Carter, the very first sentence of that very -- that same paragraph says that any company that comes in on Carter's behalf is also bound by the very same settlement agreement that the City ofMiami has with Carter. And the reason that's important is because if you look at paragraph 17A, if there is any type of dispute with the City ofMiami including whether any permit should be issued, including whether the EDOT permit should have been signed off on, the proper process is not to appeal the Zoning Administrator's decision not to sign off on those permits to the Zoning Board and then to the City Commission, and then to file something in court. The proper process is to first go to mediation. Assuming that doesn't work, then go to arbitration. Mr. Echemendia and Outlook Media, assuming that they did have the authority to act on Carter's behalf, they are bound pursuant to this settlement agreement to act the same way that Carter had to do. And if Carter had to follow these obligations by going to mediation and then arbitration, then so does Mr. Echemendia, and that has not happened. That procedure has not been followed in this specific case. Commissioner Sarnoff.. So are you saying that as a condition precedent, that they had to first request mediation and upon mediation failing, then they were required to then go through arbitration, and that that was the dispute resolution process that was mandated? Mr. Min: Correct. And Zoning Board was never considered and coming to this Commission was never considered. The proper recourse was to go to mediation, arbitration, and then go to court. That was specifically detailed in the settlement agreement. Commissioner Sarnoff.. And go to court based upon an arbitrator's -- Mr. Min: Correct. Commissioner Sarnoff.. -- either arbitrary and capricious failure to follow the rules and procedure. Mr. Min: Correct. Commissioner Sarnoff.. Okay. Mr. Min: Now going to the substantive issues as far as why the permits -- those were all procedural reasons and again, I believe there's competent substantial reasons on procedural reasons why the permits -- all six permits should be denied. But as far as substantive reasons why they're also denied, Mr. Echemendia referred to this, but again, Mr. Echemendia, assuming that he can act on behalf of Carter's behalf is bound by the terms of the settlement agreement that Carter has. And the settlement agreement, in paragraph 8 states that the only way a relocate -- a billboard can be relocated or a permit can be issued if that there's a necessity. At the time that all six permits were submitted to the City ofMiami for consideration, Mr. Echemendia did not submit any type of evidence that there was a necessity for any of those six billboards to be relocated, for the permits to be issued for any type of compliance with paragraph 8 of the settle -- of Carter's settlement agreement. And then very quickly just to go to even more substantive reasons as far as why the actual permits were denied, the first permit was a property in which there was a pending application from CBS for a billboard at that location. The City obviously cannot put two billboards at the same location. And as Ms. Acosta testified, yes, the procedure today is the same procedure that was back in 2009 in that it's first in, first out. When CBS comes in first, they get -- assuming that the site is available, they get permission for City ofMiami Page 99 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 the site available first. The second property, there was, in fact, another application from another entity for that same site and the City had denied that application. And that denial was -- there was a pending appeal for that zoning determination to deny that application before this very same City Commission. So, again, because they're assuming that the denial was reversed and the City Commission determined that a billboard should go there, we obviously can't approve putting another billboard at the exact same location. The next property was actually an active site for a billboard. We're not going to approve another billboard at the same site. The next property is also an active site that was held by CBS. Again, we are not going to approve a billboard -- two billboards at the same site. The next two permits are -- were denied for very similar reasons. They previously had permits by the City ofMiami but those permits expired. They came in for renewals and the City denied those renewals. The applicants then appealed those denials to the Florida Department of Transportation, so there were pending appeals at the Florida Department of Transportation concerning putting up billboards at those two sites. Again, assuming that those appeals were overturned and FDOT said you can put the two sites -- the two billboards there, we obviously can't allow Mr. Echemendia and Outlook Media to put billboards at the same location. Commissioner Sarnoff. You used the word "they." You mean who? Mr. Min: Another billboard company. Commissioner Sarnoff. So either CBS or Clear Channel. Mr. Min: Correct. So based on all those procedural reasons as well as substantive reasons, it is my opinion -- take it or leave it, there it is -- in fact competent substantial evidence for denial of the issuance of those six permits. Chair Gort: Thank you. Yes, sir. Mr. Echemendia: Rebuttal, just very quickly. Just really to clean up the record. Barnaby -- and I say this respectfully 'cause I think Barnaby is a phenomenal asset to the City, but he said that we never proffered -- very bright young man; does a great, great job -- the settle -- the billboard agreement between Carter and Outlook Media of South Florida. The billboard agreement is in your record, not the one that I submitted. It's actually in your packet, in your agenda, executed entitled "Billboard Agreement between Carter and Outlook Media" with signatures. So, number two, Carter -- the pilot program had not been adopted at the time that Carter submitted the applications. We did not submit the applications. Carter submitted the applications pursuant to the billboard agreement that is in your packet. Number three, Carter filed an appeal. Carter filed the original appeal. It's in what I submitted to you wherein they state -- it's in Tab D, as in David, October 7, 2009. They say resolution 09-01061 does not apply to the September 25 locations, that is the seven locations -- six -- the seventh being Sevennine, that was approved. No further action is required to implement relocation of outdoor signs. That's going to the relocation issue. And then the September 29 appeal has been withdrawn. He's refer -- that's referring to those other appeals that we had pending on the renewals and therefore please approve our applications. And lastly, I guess when -- and maybe I misheard him andl apologize, but there was a reference that -- I guess when he said billboards were -- are banned in the City, I think he meant were banned in the City back during the time of this record. Under 10.4.5, you have to have a settlement agreement. They're banned except pursuant to a settlement agreement emanating -from billboard -related litigation. They are allowed today, of course, under 62 that you guys recently -- the relocation, agreements, et cetera, under the billboard ordinance so -- and that just provides for relocation agreements. You don't have to have a settlement agreement and they are allowed. So just wanted to clarify the record. Most importantly, kind of the tone of the -- kind of the aspersion relative to the veracity of what we've said and what we've done, clearly there was an agreement with Carter. It's in your record, not the one that I proffered. And with that, I thank you and would urge you don't have -- won't hold my breath that City ofMiami Page 100 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 M.1 11-00245 you're going to approve our appeal, but certainly would urge you to consider our position. Thank you. Chair Gort: Thank you. Anyone else? Close the public hearing. Commissioner Sarnoff.. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff.. Try to help out here a little bit. Certainly any (UNINTELLIGIBLE) has the burden of convincing any tribunal by at least a preponderance of the evidence of the persuasive force of their argument. Having sat here for the better part approximately of one hour, I fail to see how the appellant has -- and I'll be clear who the appellant is, Outlook Media -- has presented in the way I understand it a very disjointed, very non -chronological and very non persuasive argument that the City ofMiami has done anything wrong, let alone acted in any kind of arbitrary and capricious way. My motion will be to deny the appeal based upon the evidence presented, the testimony received, the record presented both on substantive as well as procedural grounds. Commissioner Dunn: Second. Chair Gort: Thank you. There's a motion by Commissioner Sarnoff, second by Commissioner Dunn. Any further discussion? All in favor, state it by saying "aye." The Commission (Collectively): Aye. Mr. Min: Thank you. Chair Gort: Let's get Suarez in here. Vice Chair Carollo: I don't know if he's back. Chair Gort: Yeah, I think -- Vice Chair Carollo: Mr. Chairman, do we take a five-minute recess? We're on a five-minute recess. Commissioner Dunn: Thank you. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED", MORE PARTICULARLY BY CREATING A NEW DIVISION 8, ENTITLED " City ofMiami Page 101 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 M.2 11-00522 TEMPORARY VACANT STOREFRONT WINDOW SIGNS" TO DEFINE TEMPORARY VACANT STOREFRONT WINDOW SIGNS AND TO ALLOW FOR TEMPORARY VACANT STOREFRONT WINDOW SIGNS IN CERTAIN TRANSECT ZONES; PROVIDING FOR A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. 11-00245 Legislation (Version 5) 07-28-11.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Mayor Regalado: Thank you, Mr. Chairman and Commissioners. We have on the Mayor's page -- first of all, I would like to defer the ordinance that we had already printed in the citywide page because the DDA (Downtown Development Authority) will be looking at some changes in that window-dressing ordinance. So as we committed, as long as the DDA has some issues, we will not bring it to the City Commission. So it probably won't be in the July 14 agenda because there is a meeting of the DDA on July 8. I understand July 9 or -- Commissioner Sarnoff. Eleventh, I think. Mayor Regalado: Eleventh. So just to have the process in place, we won't bring it to the July 14. We will try for the last meeting in July if the DDA has already made their recommendations because it will be impacted -- although it will -- citywide DDA area will be impacted, so that's a deferral. DISCUSSION ITEM STATUS OF THE CONSTRUCTION OF THE GARAGES OF THE MARLINS STADIUM. 11-00522 Email - Status of Construction of the Garages -Marlins Stadium.pdf DISCUSSED Mayor Tomas Regalado: The reason that I brought this item for discussion is because we believe that the construction of the Marlins stadium is moving forward. Apparently, it will be on time. And the City was charged with the garages for the Marlins stadium, and we understand that they are moving forward also. But we do not have an interlocal agreement between the City ofMiami and Miami Parking Authorities [sic] for the garages and retail components. We do not know exactly the status of the real estate firm hired by MPA (Miami Parking Authority) to retain customers for retail components. We need to have on the record the issues that after the opening, there cannot be any construction for 18 months unless authorized by the Marlins organization. We know that MPA is moving forward on all these issues in terms of creating a customer base for the retail. And it is -- so it is important. First of all, I would like to say that the Marlins stadium and the Marlins garage is a citywide project. If you all remember, in 2004 the voters of Miami -Dade County approved $50 million in bond money -- it's a countywide vote -- to renovate the Orange Bowl. You andl and everyone in Miami -Dade County is paying the debt of those $50 million. The County Commission decided to move from renovation to construction. So we are stakeholders in the construction of the Marlins stadium. You weren't here, but the past City Commission and the past Administration used -- and Marc was here; was the only one -- several millions [sic] dollars in bond money approved by the voters of the City ofMiami, general obligation bond money, which we're paying for in our property tax bill for, first, renovation. We spent a lot of money renovating the old Orange Bowl. Then demolition. It all was paid with the money approved by the voters citywide. Andl think that that's a historical comment, but it needs to be put on the record because the City ofMiami residents, we are paying for the construction of the stadiums [sic]. Andl always said it was a very good idea, but a very bad deal for the City of City ofMiami Page 102 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Miami, but that's something that is the past. We have a contract. We have a project. And we need to honor the contracts, the projects. But we also should remember that we, the taxpayers in the City ofMiami, are paying double general obligation bonds of the County, general obligation bonds of the City ofMiami, plus the land that was given to the County for the construction. So having said that, we were charged with the garages and, you know, we just believe that the people ofMiami, those who are paying for the stadium, have the right to know. And by the way, we all are very proud that this is happening in the City ofMiami and that we will have a very good facility, brand-new stadium within the City ofMiami. Andl just want, Mr. Chairman and Vice Chairman and Commissioners, to have sort of a conversation about the stadium. Andl would like the Administration to give us, if possible, an update on the construction of the garages. I am sure that some of you know that there was some cracks in the construction and that the company committed to fix it, and we're told that that's nothing major to be worry about. We do worry, however, that the soft opening and the opening is coming up and we do not have any information about the retail, about who's going to be there and who wants to be there. I don't think -- and maybe -- you know, we have attorneys and accountants, but what I've done all my life is marketing, the one that Marc goes after in every litigation, you know. Market drives whoever want to be there, you know. I don't think it's the City's role to pick that we want you to be in the retail. That's a marketing that all firms do. Andl don't know what is going on with that. I do know it will be great to have all the retail component filled when the Marlins stadium opens on April. So Mr. Manager, if you will give us a status of the construction of the garages of the Marlins stadium. Alice Bravo: Good morning. Alice Bravo, Capital Improvements [sic] director. I'm joined this morning by Alberto Sosa, assistant [sic] director of CIP (Capital Improvements Program), and Mr. Robert Fenton, our construction manager on the parking garages. The substantial structural work is complete on the four parking garages and we're overall a project completion of 46 percent. As the Mayor mentioned, we've discovered an issue with cracks on some of the exterior beams and our team is evaluating remedial options for modification of those beams. And we're also conducting an independent third party review of the entire structure and the calculations. The design firm, Leo Daly, and their subconsultants are working with us in developing these remedial repairs. As a consequence of that, the original completion dates for parking garages one and two was July/August 2011. We're looking at that being delayed about two months to address remedial repairs. Parking garages three and four are still scheduled to be completed by November/December. Originally, the entire parking was to complete by December and our obligation under the agreement is to have them available one month before opening day for Marlins, per -- Commissioner Sarnoff. Mr. Chair. Ms. Bravo: -- our operating agreement. Chair Gort: Yes. There's a question. Commissioner Sarnoff. Should we be concerned about these cracks? Are these cracks --? I mean -- Ms. Bravo: All right. From -- Commissioner Sarnoff. -- I'm not -- I don't have your engineering background. Is it a crack in like the plaster or is it a crack in the concrete or is there a --? Ms. Bravo: It's a crack on the interior of the exterior beams that support the parking garage deck. Our structural team has evaluated the calculations to determine what needs to be addressed. Fortunately, concrete beams can be modified by drilling into them, putting additional steel, putting additional concrete cover, so we're developing those details. Our independent City ofMiami Page 103 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 reviewers' going to look at that. Our -- Commissioner Sarnoff. Let me refine my question -- Ms. Bravo: Yes. Commissioner Sarnoff. -- so I'll -- let me be a lawyer a minute. Is this cosmetic or is this structural? Ms. Bravo: It's structural. Chair Gort: Structural. Ms. Bravo: It's structural -- Chair Gort: It is structural. Ms. Bravo: -- but it can be addressed. Commissioner Sarnoff. All right. Chair Gort: The cars won't fall down. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I want to put this for the record. Will this remedial work jeopardize the completion of all the parking garages by the due date? Ms. Bravo: No. Vice Chair Carollo: Thank you. Ms. Bravo: And we'll be working with the design team because such -- at this point our feeling is that this is a result of a design error, so we'll be pursuing all costs associated with this from the design team, so -- Commissioner Sarnoff. And there is a -- I'm sorry, Mr. Chair. But there is a performance bond, right? Ms. Bravo: There's a performance bond from the contractor. And on the design team, there's general liability and liability insurance that addresses their design. Chair Gort: Let me ask a question. I'm not an attorney and -- Do take us -- will this take us into litigation and -- or they agree to take care of it or --? Ms. Bravo: Our -- the lead design firm, Leo Daly, we've met with them and their number -one concern is resolving this expeditiously for the City. So our approach with them is to work with them directly so that costs are fronted and not coming out of the City's pocket. And how they resolve that with their subconsultants and their insurance carrier is their issue, but our approach is that it does not have to get to a point of litigation. And they're so concerned -- obviously, their image, their reputation, and their commitment to the City is to resolve this expeditiously. Chair Gort: Okay. Thank you. City of Miami Page 104 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Ms. Bravo: Thank you. Chair Gort: Yes, sir. Commissioner Suarez: I'm not sure that this was said exactly kind of in laymen's terms as Commissioner Sarnoff would probably like, but I just want to reiterate and maybe clarify for the record that this will not cost the taxpayers of the City ofMiami one penny, correct? Ms. Bravo: No. And we will pursue this in whatever fashion is appropriate to ensure that is not the case. Commissioner Suarez: Okay. I just wanted to -- Ms. Bravo: Yes. Commissioner Suarez: -- kind of put it out there in very simple terms. Commissioner Sarnoff. Thank you. Ms. Bravo: Okay? Chair Gort: Thank you. Ms. Bravo: Thank you. Mayor Regalado: Mr. Chairman and Commissioners, there's also the status of the interlocal agreement. You have to debate and sign an interlocal agreement between the City ofMiami and MPA for the operation of the garages and retail components. As you know, the Charter of the City ofMiami says that any garage built by the City has to be run by MPA, so we need an interlocal agreement. Now it's whether you want to include the retail components in that agreement or in a separate agreement or the City do it; that will be up to the City Commission. I personally believe that MPA is doing due diligence and has been doing that for several weeks or month. I'm not sure. But I would like to ask the City Attorney for a status on the interlocal. And if this is something that we need to do in the near future so MPA can start working with all the components. Julie O. Bru (City Attorney): Okay. Good morning, Mr. Mayor. Thank you. Yes. Back in May I provided to the former Manager a form of an interlocal agreement. Interlocal agreement is just a statutory way to refer to agreements between governmental entities. We recommended -- we provided a form of an interlocal agreement. We recommended that the management team review the usual terms that are included in an interlocal agreement and that also to consider, you know, whether or not we would, as part of the interlocal, do a ground lease, the operating agreement for the management of the parking facilities; and we also listed all the conditions that have already been agreed to with the team in the City parking agreement that would affect what we could do vis-a-vis the facility. So we are working on it. We've met a couple of times with management. And it's -- now we're at the process of trying to crystallize what the business terms are going to be. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Thank you, Mr. Chairman. I want to give a little history, and I'll be brief. I'm not going to get into too much detail. And before I do, though, I have a legal question that City ofMiami Page 105 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 want to ask the City Attorney. Our Charter stipulates that MPA will manage and operate all of our parking facilities. However, does that mean they also manage and operate our retail? Ms. Bru: The Charter doesn't address retail; the Charter addresses parking, off-street parking. Vice Chair Carollo: So realistically, would it be fair to say that, yes, they will operate the parking facilities at Marlins stadium, but it doesn't necessarily say that they have to operate or manage or so forth the retail facility; is that correct? Ms. Bru: That would be a policy business decision that the Commission makes. Vice Chair Carollo: Thank you. Let me give a little brief history on this and again, I'll be brief. Back in September, maybe earlier than that, of last year, I saw an opportunity, an opportunity to bring additional revenues to the City ofMiami, and that was through, once again, the retails. I approached then City Manager, Carlos Migoya, and we started discussing it. Andl said, Mr. Manager, if we actually make a profit through the retail, who receives that funding? Does the City receive the funding? What are the details? And we started getting into all these questions that had not been looked at before. Subsequent, there was a few meetings. I know staff met. I think they met with MPA and so forth. Unfortunately, Mr. Migoya left and a new City Manager came to be. So what was happening at that time I guess stalled or so forth. I think there's been a lot of issues in the City going on in February and March. But the bottom line is, I actually called for a meeting between myself the former City Manager, Tony Crapp, you know, the City Attorney's office and so forth to start building a team to go after this retail because I saw an opportunity. By the way, prior to this, sometime last year, late last year, I actually did meet with Mr. Noriega because I was concerned about the retail. And his team of I guess, leasing agent, for lack of better words -- but I think the right terminology is leasing agent. I asked as far as, you know, what they envision and the different restaurants that -- restaurants and retail that could go in there and, you know, I didn't get the best impression. It seemed like, you know, they were more interested in what does the City have to give up. What does the City have to give up? What incentives are we going to be giving? And it wasn't necessarily about this hey, this, you know, retail, once it come in or so forth. It was like this retail does -- I mean, we spoke to them; they're not interested. That retail, we spoke to; they're not really interested, andl couldn't fathom that. And realistically, it was more what does the -- what would the City give up as an incentive. You know, I asked for some type of presentationftom them to see exactly what are they presenting to these retails andl never received it. But anyway, subsequent to that, I requested a meeting with the City Manager, Ms. Bru, and a group of us to start tackling this retail issue because I really saw an opportunity. Not only did see an opportunity in the previous year to actually have the City earn revenues, which we desperately need, but now I saw an even bigger opportunity. The reason why is because now we weren't really going to be competing against the Marlins for the restaurants or for the retail space because guess what? They actually had already had negotiated and have retail coming in, which, by the way, in the next, I would say, coming months they will announce it publicly, and they asked me not to mention which is the actual restaurant that's coming in and so forth. So I saw an opportunity. Now we can actually work with the Marlins and help us with our retail. Mr. Mayor, you very clearly have stated that even though you thought it was a good idea, it was a bad deal for the City. So in essence, what you're saying is the Marlins negotiate pretty well, huh? They do, right? Mayor Regalado: Well, not necessarily. The other part gave up a lot. Vice Chair Carollo: But the bottom line is the Marlins negotiated pretty good. Mayor Regalado: And, Commissioner, let me -- and let me just say this is historical anyway. The former City Manager, Carlos Migoya, and myself we met several months ago, as per your direction, on the resolution that was passed, along with the County, to see if we can reopen the contract. I look at the advertising contract for the garages and the City, it's -- I think the City City ofMiami Page 106 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 did a very bad deal because the Marlins are getting half of the advertising revenues in all the garages, murals and signs and billboards or any signs. I thought that if the City pay for all the cost of all the garages, that if the City gave the land, and if the City gave up the $50 million bond, plus pay for all the demolition and preconstruction and land clearing, we will have a better deal on the advertising revenues of the garages. Not the stadium; of the garages. At that meeting the president of the Marlins organization, Mr. David Samson, said that no, we're not going to reopen the contract. We're not going to do it with the County. We're not going to do it with you. I just was looking for more revenues because I think that those garages are positioned in a way, especially from the cars going on 826 and 7th and -- 7th Street and 17th Avenue to have a huge advertising revenue, if this is permitted by the different codes. And this is why, Commissioner, I said just a few minutes ago, the interlocal has to be done for the parking, but it is your choice. It is this Commission choice. And of course, the Administration would recommend whether we want to do the retail ourselves or we want to do the retail in conjunction with the MPA. My point is that we have to make a decision. And we have to instruct the City Attorney and the Manager to say, well, this is the direction that we want. Let's do the retail with MPA. No. Let's do the retail with Asset Management or let -- but we have to do some kind of interlocal agreement because by Charter, we have to do the parking agreement so they can start working. That's all was asking. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: IfI could continue? Chair Gort: Uh-huh, go ahead. Vice Chair Carollo: Thank you. And not to deviate, Mr. Mayor, 'cause the advertising is a whole different subject. Not to deviate. My point was -- and once again, you substantiate it by saying about the -- it was a bad deal with the advertisement. The Marlins are taking this and that. Once again, my point is the Marlins negotiate very good. And what I'm saying is yes, they want us to fill up the retail because statistics have shown that the more retail there is in one location, the more traffic it will obtain. Andl saw an opportunity because they had numerous, numerous retail extremely interested in being in their location. For one reason or another, only one could be there and that one they've already chosen. But all those other retail that wanted to be there and negotiated with the Marlins, guess what? They have a second chance now because we have availability in our retail andl think we need to capitalize on that and maximize our revenues, which is the City's interest which I represent. And that's what I'm looking at, maximizing our revenues. Recently, like I said, we called several meetings. And by the way, something you said, Mr. Mayor, as far as also the recommendation of the Manager, that was what I was speaking about previously, how financial recommendations are extremely important and I'm concerned. I want to make sure that we do maximize our revenues for the City ofMiami. And you've known me for many, many years, Mr. Mayor. You've known me back when I was a police officer in the SWAT (Special Weapons And Tactics) Team. You've known me for many, many years, and think you can attest that whenever get involved, whenever get engaged, especially financially and business wise, I do very, very good. I think you can attest to that. So what I'm looking at is maximizing the revenues for the City of Miami, and I think we have an excellent opportunity. And we started building the team. We started building the team because let's say we do want MPA to work with us, okay. But we need to work on the business deal of that interlocal agreement because realistically, it was only a few months ago that we went to the voters because, you know, various people in the City felt that you know what, MPA had too much control. So now -- I don't want to call it flip-flop, but I would definitely want to make sure that we don't have a change of mind and now we continue to give control to MPA. Because the truth of the matter is, that interlocal agreement, should we go that route, realistically needs to be worked on financially to make sure it's solid, to make sure that the City maintains certain City ofMiami Page 107 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 control. And that's what we were working on when, unfortunately, you know, Mr. Crapp, decided to step down. And as a matter of fact, when we were working on this, I had several conversations with Mr. Crapp. Andl said Tony, we're beginning this. Andl apologize. You know, I had that friendship him so I would call him Tony. Andl mentioned, Tony, I'm concerned. I'm hearing rumors about you, and you know we're doing this and we need to have our team together and so forth. You know, there was items that came about, you know, that right away if it got out, it could change our position a little bit. I'll give you one. One of the first things we mentioned was okay, the MPA has been using this leasing agent. I don't know how much. I don't know how little. Realistically, they haven't communicated with us. They haven't given, you know, the City information. So one of our first questions was does MPA have a commitment with this leasing agent? And as a group, we decided that Mr. Crapp should reach out to Art Noriega to see if he had some type of commitment to this leasing group. The answer was no, they did not have a commitment. But at the same time, you see a lot of things moving. You know, like they got the head's up. The City is moving forward. And if we don't do something quick, guess what? They're going to come in with their own leasing agent and so forth, andl think that's what's occurred because all of a sudden we have this presentation and the whole nine yards. And what I am saying is listen, we have a great opportunity whether we go with MPA or not. I will say for the record, I had spoken to many, many businessmen, some CPAs, some other businessmen that are extremely successful, extremely financially successful, and by the way, none of their monies have been made through government. Andl bounced ideas off of them and realistically, the consensus was MPA does parking garages. Retail, I don't know if they have -- realistically, they thought we should go outside and go to someone with a commercial leasing background that really understands and so forth. Now it's open for, you know, debate. It's open for, you know, discussion. But realistically, if we choose MPA, I want to make sure that the interlocal agreement is solid businesswise where we maintain control, not them; that we obtain maximum revenues and even some of the retail. You know, some of -- when I looked at the list, which by the way, I got it this morning. I wasn't here yesterday. I was in a seminar. I looked at the list. I do not see one of the retails that came very close to being at Marlins stadium and negotiate with the Marlins. That troubles me. Because let me tell you something. They -- I know part of the revenues that they were going to be paying, okay, and that's the relationship with the Marlins that I'm saying. They're very good negotiators. I know top dollar that we could actually obtain. It worries me that I don't see any of those retails in this list. Not only that. This is the, realistically, first we see of it. There hasn't been that communication with, you know, the City, even through the Manager. And at the same time -- you know, I'm sorry. I lost my train of thought. But the bottom line is, Mr. Mayor, I want to make sure we maximize our dollars and we actually make it -- put it this way. Commissioner Sarnoff, Commissioner Dunn, realistically, this is our CRA (Community Redevelopment Agency). This is what I'm trying to revitalize that area with. I want to make sure, you know, the right businesses go in there not only to obtain the right amount of revenues for the City, which we need, but second, to it -- so it be a destination location 365 days out of the year so, yes, people from Brickell do come over, people from the Roads do come over, people from Shenandoah, from Silver Bluff do come over, as well as with the immediate residents, and that's what I'm trying to accomplish with this. Commissioner Dunn: Mr. Chairman. Commissioner Sarnoff.. Mr. Chair. Chair Gort: Thank you. Commissioner Sarnoff.. Mr. Chair. Commissioner Dunn: May I? Chair Gort: Commissioner Dunn. City of Miami Page 108 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Commissioner Dunn: Okay, thank you. I can't really speak to -- I'm glad you gave that last example in terms of the CRA because I clearly understand. I can't speak to the particulars. Vice Chair Carollo: Right. Commissioner Dunn: You've been -- obviously been doing that. Andl know anything that you are involved with, the due diligence is going to be in place. That -- I'll say that all day, all night long. I commend you for that. But I do say that from a -- even when it is a CRA issue, when it may exclusively have direct implications on -- let's take the CRA that chair, Southeast Overtown/Park West. And just for discussional [sic] purposes, let's take the CRA that Commissioner Sarnoff chairs, the Omni CRA. Those are -- in most cases, will have exclusive -- but in some regards -- in a lot of regards, it will have a citywide benefit. I think that that is what we've got to address. I will follow your lead because, in most cases, you've followed in terms of the CRA, Southeast Overtown/Park West or a district. But now I do want us to keep in mind that this is from a principle standpoint. This is broader than a district item. It is a citywide so -- but I will follow your lead. Andl hope that we can come to some conclusion where it benefits the City overall. But I do want to stress there is a slight distinction in terms of this will definitely have citywide implications, so I wanted to put that on the record. Vice Chair Carollo: Yeah, the City's going to -- Chair Gort: Commissioner. Vice Chair Carollo: -- obtain all the revenues that we're going to be making from the retail. Chair Gort: Of course. Commissioner Dunn: Exactly. Chair Gort: Commissioner Sarnoff. Commissioner Sarnoff.. I just want to make sure I understand what it is you told us, and let me repeat it as I understand it so thatl can kind of build on it because, you know, generally speaking, I view this as -- no. This is a citywide issue, but I don't kid myself. The Commissioner of that district is always going to know more about it, is always going to be injecting himself into the issue, as he should, not as he shouldn't, and make sure that it benefits the City. But I -- what I'm hearing you saying is that obviously the space in the Marlins stadium -- so not the parking garages -- went out and -- I actually know who won that. And there's going to be a restaurant in there, andl think it's going to be what they call the Signature restaurant. But you're saying the others that did not get that particular space have an interest in our retail facilities. Okay, now I got it. So those folks you've -- I surmise you've met with. I'm not looking for names. And I surmise you're in some negotiating posture with them. But my question to you is -- and this is, I guess, our concern or our fear, probably the Mayor's concern more than anyone else, although all of us should be concerned. Opening day comes and we have empty retail. And for 18 months we'll have empty retail, unless the Marlins give us a waiver, which, you're right, you could negotiate and get a waiver from them. But the ides of March -- the eyes of the United States will be on us as this is going to be the most modern, most up-to-date facility in all of baseball probably for the next five years. So they're going to be looking at us opening day. And my question to you now is -- I'm challenging you -- if we do it your way or we do it a way that we get the folks that didn't get the main RF -- the main procurement from the Marlins, would we be able to open in 18, 20 months retail wise? Vice Chair Carollo: Let me answer that question. And again, I'm not trying to dictate all the terms or so forth; you know, just for discussion, but I do want some leadway [sic] because realistically we're working very good. We had a financial team, legal, and so forth, and we were City of Miami Page 109 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 moving forward until, unfortunately, you know, we lost a City Manager and then, you know, time lapsed. Let me put -- let me be very clear. That restaurant that you know is going in, they start construction October 1. Commissioner Sarnoff. Oh, okay. Vice Chair Carollo: Now, if the Marlins aren't concerned with that and they're starting construction October 1, I'm not saying we're not going to move quickly. I'm not saying we're not going to move expeditiously, but I'm also saying we've got to move prudently and we better make sure that we maximize our revenues. And yes, because I am the area Commissioner, I do know all -- you know, all these terms. I do know what the per forma should be for some of these restaurants. I do know what the time span should be and so forth because, in all fairness, yes, I've built a good relationship with the Marlins, even though I've never took a position whether to back the stadium or not because the truth of the matter is, it was out of my control. The previous Commissioner -- or the previous Commission made a decision andl inherit this. And whatl am doing is grabbing it and making sure that, you know, we maximize our potential and make it something that we could all be proud of. Commissioner Sarnoff. All right. So then -- is it all right, Mr. Chair? Chair Gort: Yes, go ahead. Commissioner Sarnoff. So then are you -- in any way, shape, or form, are you recommending thatMPA have the leasing ability or do you want to -- is there an advantage or disadvantage to the City ofMiami having the leasing ability? What is your posture on that? Vice Chair Carollo: I am concerned at some of the retail that they're looking in because I think they're missing a good piece. For instance, perfect example -- Mr. Mayor, you agree, the Marlins negotiate very well. Well, guess what? Mayor Regalado: No, no, I didn't say that. I said that our part negotiated bad. They gave the house and the baby and the hot water. That's what I'm saying. We did it with the global plan; we gave everything away. And I'm telling you, that's my opinion. It may be your opinion that the Marlins do the -- Chair Gort: Excuse me. This -- Mayor Regalado: -- negotiations, but -- Chair Gort: -- is the problem being the chairperson. I get to be last and sometimes, like you, I forget my thought. Let me ask one question. This restaurant that the Marlins are going to operate, they're going to operate year-round or only during games? Vice Chair Carollo: No, no. The restaurant that we're talking about is year-round. Chair Gort: The one that the Marlins has inside the stadium? Vice Chair Carollo: No. We're talking about one that's outside the stadium that's going to be -- Chair Gort: They have one -- Vice Chair Carollo: -- facing the plaza. Chair Gort: -- outside the stadium? City ofMiami Page 110 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Vice Chair Carollo: Yes. Chair Gort: Okay. Vice Chair Carollo: And they actually have four other retails, and -- you know, I can get into -- I'm pretty knowledgeable in where they're at with negotiations of the other retail, what's going in there, what's not. I'm pretty knowledgeable in it. And all I'm saying is give us some leadway [sic]. At the very -- you know, I'm not -- listen, if you all know me, I'm open-minded, you know. I don't shut the door on anything. So I'm not saying I'm shutting the door on MPA. No, I'm not saying that. But you know what, should it be MPA, let's work on a very solid financial interlocal agreement where we don't give up our control. And again, just a few months ago there was a lot of people here that were saying they have too much control. We need to take control. So now it changes. I don't think so. Commissioner Sarnoff. So when then can we tie this up? Then when do we make the decision MPA has the interlocal for retail or they don't have the interlocal for retail? Because the end of the day, this is not just soft -- you know, where they say soft costs, soft thinking. You need to get to the constructive period. We all agree it's going to take a year, I suspect, to build a kitchen facility, you know, and the et ceteras, et ceteras -- Chair Gort: No, no. Commissioner Sarnoff. -- maybe take down some -- Vice Chair Carollo: No, it won't. Commissioner Sarnoff. It won't take a year? Chair Gort: Take -- Vice Chair Carollo: It won't. Because I'm telling you that construction for the Marlins restaurant -- and I'm calling the Marlins restaurant, but it's obviously -- Commissioner Sarnoff. Right. Vice Chair Carollo: You understand what I'm saying. It's going to begin October 1. Commissioner Sarnoff. With opening day in April? Vice Chair Carollo: Of course. Commissioner Sarnoff. Okay. Vice Chair Carollo: Of course. And, no, it will not take that long. And all I'm saying is, you know, let's welcome possibly other leasing agents that have a strong solid history of leasing, and let's -- you know, we need to see pro formas. We need to see -- you know, this is great, but I want to make sure I know, okay, how much are these, you know, retails going to pay us? Are we maximizing our dollars? I know close numbers of what the Marlins were negotiating with some of these other retails. You know, we need to start comparing to make sure we maximize our dollars. And all those restaurants that really had a strong intent of being at Marlins stadium gets a second chance. So what I'm saying is, you know what, let's not close the door right away. You know, I think we need a few weeks. Let's iron it out, whether it's with MPA, whether it's with a new leasing agent. I don't know. But I think we need to continue what we started -- what we established within the City first before we negotiate with MPA. City of Miami Page 111 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Chair Gort: Let's make it very simple. I think we all want the same thing. We all need revenue, reoccurring revenues, and this will be a great reoccurring revenue. My understanding is there's a local agreement that's being worked on, which I have not seen. My understanding, there's a lot of meetings that's taking place, things are going, which I have not receive any report on that. I would like to get information on those meetings that have been taking place and where we're at. My understanding is we're discussing this today, but this has got to come back with us with a interlocal agreement, which brings the maximum. I'd like to see that. Mayor Regalado: And Mr. Chairman, this is the reason I place this on the citywide page, to have this conversation, to have the discussion. Commissioner, you know me for many, many, many, many, many years. When I say no, it's no, it's no, it's no. I was called a contrarian in the past Administration. I do not flip flop. The reason I am coming here to you is because I'm saying -- the attorney saying we need an interlocal agreement for the parking because when the parking is going to operational, they going to rush the agreement to you, you're going to invoke the five-day rule because it have some changes, and then we're violating the Charter of the City ofMiami, which we swore to uphold. I don't know if you were listening to me, but I have said at the beginning, it's your decision. Chair Gort: Right. Mayor Regalado: It's your decision to have the retail either under MPA administration or the City's Administration. I am not proposing -- I have not changed. I did not flip-flop. If you didn't hear me when I said from the beginning, it's your decision to make a decision about if the retail is MPA or the City ofMiami. The only thing was trying to do by placing this in the agenda is to get the item moving, that's all, and hopefully, we will do that. And hopefully -- yes, of course, everybody wants more revenues for the City. And you know, the marketing part is what the City has to do, the agency has to do, the retail has to do. But one thing is for sure: Yeah, that restaurant that they're going to announce is under construction in October. But I bet you, I bet you that it will be open by opening game because the Marlins are an organization that understand marketing. They do understand marketing. I mean, they're losing and they look like winners, you know, with the stadium and all that. So I'm just saying to you, we need to expedite the process, the interlocal with the parking so we get that done and the retail, to make a decision. That's all wanted to say. Thank you. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: IfI may? Real quick, first of all, Mr. Mayor, I didn't call you out. I didn't say any names or anything, so just to make that clear. But anyways, you know what, I agree with you. The Charter is clear; MPA should operate and manage the parking. I think we should have an interlocal agreement for the parking. Andl think in the next few weeks, I ask that the Manager meet with me, continue what had already been established with the other groups. You know, we will start working together and move this forward and then meet with MPA and so forth and be able to move this process forward and then bring it back to Commission. Commissioner Sarnoff. How about -- Mr. Chairman. Chair Gort: Yes. Commissioner Sarnoff. What about the second meeting in July, we have three options put before this Commission: One, an interlocal agreement with MPA where they simply do the parking. Chair Gort: Parking. City ofMiami Page 112 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Commissioner Sarnoff.. Two, we have an interlocal agreement with MPA where they handle the entire structure; three, whatever legally proper procurement rules allow for -- since I don't know this one that well -- that affords us the opportunity to choose either the leasing agent or the lessees who are interested in the Marlins garage. Vice Chair Carollo: Now -- Chair Gort: In every one of this, I want to see the numbers. Commissioner Sarnoff.. Agreed. Chair Gort: That's -- Commissioner Sarnoff.. Back up. Chair Gort: -- number one, okay. Vice Chair Carollo: And with that said, Commissioner, I appreciate the time span, but you know what, we -- I may want to -- I -- we may want to act a little more expeditiously. Commissioner Sarnoff.. Sure. Vice Chair Carollo: So it might be quicker and so forth. You know, I welcome the time span. But at the same time, let's not kid ourselves. Just because I say we have time, we're not in a bad position. The truth of the matter is, no. We're going to move on this quickly. Commissioner Dunn: Mr. Chairman. Chair Gort: My understanding -- yes, I'll let -- I'll -- speak in a minute. My understanding, this is going to be open in March. Am I correct? Commissioner Sarnoff.. April. Chair Gort: April. Vice Chair Carollo: April is the start of the -- Chair Gort: In other words, this could be part of the income -- reoccurring revenues. Okay. So that's very important. Mr. Noriega. Art Noriega: Art Noriega, CEO (Chief Executive Officer), Miami Parking Authority. I just wanted to -- for purposes of just segueing into the discussion as we kind of move on in the next couple of weeks. We have been involved in this process, but really in an informal -- Vice Chair Carollo: I understand. Mr. Noriega: -- arrangement, which is why -- what you see in front of you is extremely limited because we don't have the authority to act on any real formal marketing, any formal leasing. We've sort of been out there kind of on our own as a means to facilitate this, but are under no direct contractual obligation or relationship to do so. So from our perspective, the reality is I'm very sensitive to the timeline. I've said it to you personally. I've said it to each one of them. When I've discussed it, I've discussed it with every City Manager, including this one, okay. Our role entirely is to really be a facilitator and put together a project, whether it be strictly the parking component, whether it include the retail or not, is to be a resource to the City. That means the City is the benefactor here. It's a City -owned garage. We are the City's parking City of Miami Page 113 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 operator. And in doing so, I have a fiduciary responsibility to be what's in the best interest of the City ofMiami, notMPA, not me personally, not my board. It's the City ofMiami. So whatever we -- arrangement we work out here in the next couple of weeks -- andl would encourage that we certainly expedite that timeline because the clock is ticking. We're nine and a half months away from opening day -- that when we do so, I will make this guarantee to you so that there's no doubt in mind -- and said this to you personally. I'm going to do whatever's in the best interest of the City and the City's Administration and this elected body. That is my primary responsibility. And the end result is to bring this garage online as quickly as possible, to have it generate as much income, whether it be from parking revenue and/or retail revenue, to be a financial resource to the City. This garage has phenomenal potential both from a parking standpoint and a retail standpoint. Andl think that one of the side sort of -- it was sort of an afterthought almost 'cause I don't think people really read into when this agreement was formulated what the real financial return was going to be on the retail. But that retail component -- and so the quicker we bring it online, the better. And ultimately, you know what has control over who gets in that retail? This elected body does, in conjunction with the Administration. It's not up to me. So in the end, it's about doing what's in the best interest of the City. That was my only train of thought through this whole process. And so I'm glad to hear we're sort of expediting it. I really am. And I'm going to do whatever we can do to help facilitate that. And that was my one -- primary and only goal in this whole thing. Chair Gort: Thank you. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: Thank you. And I look forward to working with you. Chair Gort: I'd like to -- whatever this committee gets together, I'd like to get copies of the reports to all the Commissioners because this -- like you stated, Mr. Vice Chairman, it's revenue, reoccurring revenue that we need, and we have to make sure we maximize in that because this is one that's very -- could be very good for the City. Yes, sir. Johnny Martinez (City Manager): Julie, is it possible to get the business terms of the Marlins with the people that they did hire through the County or anything like that? Chair Gort: No. Ms. Bru: I don't have access to that. That's -- they're a private -- Chair Gort: We'll -- Unidentified Speaker: Like privileged information. Chair Gort: -- try. Don't -- Ms. Bru: Yeah. Vice Chair Carollo: We'll talk, Mr. Martinez. Ms. Bru: Okay. Chair Gort: We'll get it. Don't worry. Okay. Commissioner Dunn: Mr. Chair, just to be clear. City ofMiami Page 114 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Chair Gort: Yes. Commissioner Dunn: So we're going to try to get this back to us by no later than --? Chair Gort: Second meeting in July. Commissioner Dunn: -- by no -- by or no later than, right? Chair Gort: Right. Commissioner Dunn: Okay. Chair Gort: Now, another suggestion is for the team that's working on this, contact the people that wanted to be in and they were not what you call the number two. Contact them and see if they're interested, okay. Vice Chair Carollo: That's where -- Chair Gort: Thank you. Anything else, Mr. Mayor? That's it. Okay. M.3 DISCUSSION ITEM 11-00523 M.4 11-00524 M.5 11-00525 STATUS OF THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI AND MPA FOR THE GARAGES AND RETAIL COMPONENTS. 11-00523 Email - Status Interlocal Agrmt City and MPA-Garages and Retail Components.pdf 11-00523-Submittal-Art Noriega.pdf DISCUSSED Note for the Record: For minutes referencing Item M.3, please see Item M.2. DISCUSSION ITEM STATUS OF THE REAL ESTATE FIRM HIRED BY MPA TO RETAIN CUSTOMERS FOR THE RETAIL COMPONENTS. 11-00524 Email - Status Real Estate Firm Hired by MPA.pdf DISCUSSED Note for the Record: For minutes referencing Item M.4, please see Item M.2. DISCUSSION ITEM TIMELINE FOR CONSTRUCTION OF THE RETAIL COMPONENTS AND WHAT THE INTERLOCAL CALLS IN TERMS OF CONSTRUCTION AFTER OPENING DAY. 11-00525 Email - Timeline for Construction.pdf DISCUSSED Note for the Record: For minutes referencing Item M.5, please see Item M.2. M.6 DISCUSSION ITEM City of Miami Page 115 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 11-00526 D2.1 11-00470 REASONS FOR THE DELAY IN COMPLETING THE INTERLOCAL. 11-00526 Email - Reasons For Delay Completing Interlocal.pdf DISCUSSED Note for the Record: For minutes referencing Item M. 6, please see Item M.2. END OF CITYWIDE ITEMS DISTRICT 1 CHAIRMAN WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF DISCUSSION ITEM HOW THE CITY CAN IMPLEMENTA SYSTEM THAT WOULD ALLOW EMPLOYEES THE ABILITY TO TAKE ADVANTAGE OF THE BICYCLE COMMUTER TAX PROVISION. THIS PROVISION PROVIDES EMPLOYEES UP TO $20 A MONTH IF THEY RIDE A BICYCLE TO WORK. 11-00470 Email - Bicycle Commuter Tax Provision.pdf DISCUSSED Direction by Commissioner Sarnofffor the Administration to bring legislation to the Commission before the next fiscal year that allows for City ofMiami employees to take advantage of a bicycle commuter tax program. Commissioner Sarnoff.. I had two -- Chair Gort: Commissioner, you had -- Commissioner Sarnoff.. -- blue pages. Chair Gort: -- two pocket items. Commissioner Sarnoff.. Real quick. Mr. Manager, I ask now for the City to implement a system that will allow employees the ability to take advantage of the bicycle commuter tax program. Trying to get an update. Shouldn't be a long -- shouldn't have been taking you very long to do this. Where are we with it? Beverly Pruitt: Beverly Pruitt, director of HR (Human Resources). The research information was forwarded to your office as you requested. Commissioner Sarnoff.. Are we online? Are we going with it? Ms. Pruitt: That is something I'll need to discuss with the City Manager. I've not gotten City ofMiami Page 116 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 direction to develop the program. It was just providing you with the research as you requested. Commissioner Sarnoff.. Mr. Manager, there's an opportunity for employees who take their bike to work to earn $240 a year in taxes to incentivize them to bike to work. I fail to see how that harms anyone. Johnny Martinez (City Manager): It sounds the right thing to do. Commissioner Sarnoff.. Would you look into it and bring -- Mr. Martinez: Absolutely. Commissioner Sarnoff.. -- legislation before this Commission before the next fiscal year? Mr. Martinez: Absolutely. D2.2 DISCUSSION ITEM 11-00505 DISCUSSION REGARDING AN UPDATE ON THE PROPERTY LOCATED AT 3851 BIRD ROAD. 11-00505 Email - Update on Property 3851 Bird Road.pdf DISCUSSED Commissioner Sarnoff.. Also, I'm asking for an update on the property located at 3851 Bird Road. Morning -- afternoon, sorry. Sergio Guadix (Director, Code Enforcement): Hi. Good afternoon. Sergio Guadix. Commissioner Sarnoff.. I'm asking for an update on the property located at 3851 Bird Road. Mr. Guadix: 3851 has been through our Code Enforcement Board. It is collecting fines right now. We are going to be going and painting the property and citing it through the blighted -- through the ordinance that has the blighted properties, not through the other -- graffiti. Andl think that that was an issue or a question that you had. Commissioner Sarnoff.. My question is -- and let me -- andl want Commissioner Suarez to hear this pretty clearly -- are we special assessing this property for any material or labor that the City ofMiami is placing there? Mr. Guadix: We will be doing it through the paint -- When I paint that property through one of our vendors, we will be doing so, but through the blighted -- the ordinance that has to do with the blighted properties, not through the graffiti portion. And that property, what it suffers a lot is we may paint it now but they're going to come in and tag it again with -- Commissioner Sarnoff.. Agreed. Mr. Guadix: -- the graffiti. Commissioner Sarnoff.. And that -- so my point being, let's say you clean it tomorrow and 30 days later it's dirty again and you clean it the next day and -- I want to make sure that, inevitably, you are creating a special assessment -- because think about this, Mr. Guadix. You're going to be able to sell that special assessment and somebody's going to -- some enterprising person is going to buy a commercial piece of property on Bird Road. City ofMiami Page 117 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Mr. Guadix: Right. Commissioner Sarnoff. I -- the reason I keep bringing this property up is I had heard, and I think it was confirmed on the record here, that our computer programs do not allow and afford us the opportunity to special assess. Mr. Guadix: No. That's not correct. The -- there are two components to this; one is the graffiti ordinance and one is the blighted unsecured properties that we have. For that I have a process and the process -- when the system was put up, I knew of this -- this was coming up, so we have a process to do that and be able to special assess it through that process. To do it through the graffiti, that's the one where the computer system that we have right now has to go through some changes and some real modifications which right now the computer or IT (Information Technology) Department doesn't have the people to be able to help us right now unless they let them go of doing something else. But as far as for the blighted portion, I can go ahead get a vendor, paint it, and go ahead and special assess it. Commissioner Sarnoff. All right. So for instance, the -- what's the one up in -- Mr. Guadix: Vaga -- Commissioner Sarnoff. -- the MiMo (Miami Modern) District? The Vagabond. Mr. Guadix: The Vagabond. Commissioner Sarnoff. We specially assessed that, right? Mr. Guadix: Yes. Commissioner Sarnoff. Okay. You're -- I don't know when a property hits the blight mark and when it's just graffitied, but if the City ofMiami is expending energy and it is a commercial piece of property on a commercial boulevard and you have to continuously upkeep that property, it would seem to me that under -- and correct me if I'm wrong -- the ordinance for graffiti that you would be able to special assess. Mr. Guadix: We can. However, I told you, through graffiti there's a different -- since it's a different ordinance -- Commissioner Sarnoff. Right. Mr. Guadix: -- it's a whole different violation I would have to use. There's a whole different process. I don't have an appeal process for that where the graffiti ordinance requires an appeal process. So it is the blighted one, but I have it in the system based on the blighted ordinance. Commissioner Sarnoff. Does --? Mr. Guadix: I can do that on there and I can do that fine. It's the graffiti one that I need a process for. Commissioner Sarnoff. Well, how -- and this is my question because I want to make sure I help you. Haydee Wheeler (Director, Neighborhood Enhancement Team): Can I try to explain? Commissioner Sarnoff. I -- yeah, sure. City ofMiami Page 118 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Ms. Wheeler: Good evening. Haydee Wheeler, director of NET (Neighborhood Enhancement Team). Commissioner Sarnoff, your directive for me was to find a way of recovering the cost of the City expenses. And to answer your question, we did meet with the Legal Department. As per Section 22-118, we will start doing that. And we're following then Code Enforcement's process, which would be $150 administrative cost, plus the cost of the manpower and the paint. Now you're partially correct and I've been updating your office that we're now doing this manually because the whole process, like Commissioner Gort mentioned some meetings around, the business process is in place. We just have to put it in the system and we're waiting for IT to actually do the system where we'll enter all the information that goes directly to Hearing Boards. But your directive, we followed, and we are doing it but keeping it manually. No liens have been recorded as of yet, but we're keeping track of the expenses. Chair Gort: We do have an administrative fee. Ms. Wheeler: We're using actually the same one that's in Section 22-118, which is $150. That's the same one for the lot clearing and that was the one that the Legal Department actually advised us to use. Chair Gort: Okay, Legal Department came to the conclusion it was 150. That's based on the hours spent by the Administration in going through the whole process, but it could be more. Ms. Wheeler: Right. Well, according to the code, Code Section 22-118(a) and according to the graffiti ordinance that you passed, the administrative charge is at 150. So the additional fees -- let's say we spent four hours and we spent two gallons of paint, then we'll add those charges -- Chair Gort: Great. Ms. Wheeler: -- and then the lien. Chair Gort: Okay. Thank you. Anyone else? Commissioner Sarnoff.. Move to adjourn. Chair Gort: Move it. Vice Chair Carollo: Second. Chair Gort: Thank you. END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO D3.1 DISCUSSION ITEM 11-00542 DISCUSSION REGARDING THE UPCOMING BUDGET (2011-2012) 11-00542 Email - Upcoming Budget 2011-2012.pdf 11-00542-Submittal-Budget Dept. -Assumed Changes from FY11 City of Miami Adopted Budget.pd DISCUSSED A motion was made by Vice Chair Carollo, seconded by Commissioner Suarez, and was passed unanimously, for the Administration to use all legal avenues to collect every severance payment City of Miami Page 119 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 11-00542a City Commission made since the implementation of revised APM 1-86 (Severance Policy) dated September 2010. Direction by Commissioner Sarnoff to the City Attorney to prepare a first reading ordinance that mirrors revised APM 1-86 (Severance Policy) dated September 2010, by the next Commission Meeting scheduled for July 14, 2011. A motion was made by Vice Chair Carollo, seconded by Commissioner Sarnoff, and was passed unanimously, with Commissioner Suarez absent, for the Administration to draft a proposed FY2012 Budget that includes Mayor Regalado's recommendations; further requesting that at the July 14, 2011, Miami City Commission Meeting, for Mayor Regalado to present the proposed FY2012 Budget to the Miami City Commission. Direction by Commissioner Sarnoff for the Administration to calculate a solid waste fee that includes single -stream recycling similar to Miami -Dade County's recycling program; further directing that the Administration estimate a budget for solid waste pickup that does not include pickup fees assessed against multifamily buildings that use private companies to collect their solid waste. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THAT ADMINISTRATIVE POLICY MANUAL POLICY 1-86: "SEVERANCE POLICY", AS REVISED SEPTEMBER, 2010, BE THE OFFICIAL POLICY BY WHICH THE CITY OF MIAMI MAY PROVIDE SEVERANCE PAY TO UNCLASSIFIED PERSONNEL APPOINTED BY THE CITY MANAGER TO POSITIONS HOLDING EXECUTIVE STATUS, UNTIL SUCH TIME AS THE MIAMI CITY COMMISSION ADOPTS AN ORDINANCE THAT SUPERSEDES SAID APM. 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-11-0275 Vice Chair Carollo: Mr. Chairman. Chair Gort: Vice Chairman, you're recognized. Vice Chair Carollo: I -- thank you -- think another topic of priority should be the budget. However, I want to make sure that all Commissioners are here when we start discussing the budget and see the actual numbers. I see we're starting at, you know, 11: 37, but don't mind going over it and discussing, you know, over, you know, whatever time it takes with regards to the budget. I don't know how my colleagues feel, but I think we really need to start getting into -- Commissioner Dunn: Mr. Vice Chair? Mr. Chairman? Chair Gort: Yes. Commissioner Dunn: Mr. Vice Chair, could we possibly take this, if it's the consent of the Commission, maybe when we come back for [sic] lunch as the first item 'cause I think it would warrant more time than what's on the clock? I have no problem if my colleagues agree. I don't know, maybe -- Commissioner Suarez: The only issue I have scheduling wise is that have MPO (Metropolitan City of Miami Page 120 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Planning Organization) at 2 p.m. and I have an Alliance for Aging board meeting at 4, which I'm going to be doing from the office by telephone. So you know, just -- Commissioner Dunn: Whatever the -- Commissioner Suarez: -- to the extent that -- Commissioner Dunn: -- wish of the Commission is. Commissioner Suarez: -- you can accommodate -- Vice Chair Carollo: So what time? Commissioner Dunn: Whatever the wish of the Commission is. Commissioner Suarez: And it's the TIP -- Chair Gort: Let me ask a question. Commissioner Suarez: -- approval, which is a -- Chair Gort: Can we get them to change the dates? Commissioner Suarez: I have asked -- well, maybe now with the new chairman. I have asked the prior chairman, who -- Chair Gort: Yes. Commissioner Suarez: -- the Chairman Dennis Moss to schedule them around our Commission meetings because -- Chair Gort: Sure. Commissioner Suarez: -- last year they didn't all conflict with our Commission meetings, but a good portion of them did. Chair Gort: They did, yes. Commissioner Suarez: I can reiterate the request to the new chairman -- Chair Gort: Right. Commissioner Suarez: -- to see if he'll try to accommodate us. Chair Gort: Great. Okay, what's the wish? Commissioner Dunn: I mean, with there being a conflict, let's possibly -- I have no problems with us taking it now. And then at a reasonable time, maybe we put a plug in it and -- Vice Chair Carollo: Let's do this. You have to be there at 2. Can you be there a little late and maybe take lunch now and come back like at 1 and take it up at 1 ? Commissioner Dunn: That's fine with me. Commissioner Suarez: They've -- I'm fine with that. They've specifically asked me to be there City of Miami Page 121 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 because they may have quorum issues, and they have the TIP that's being approved today, which is basically their master budgetary approval, like the -- Vice Chairman Carollo: You know -- Commissioner Suarez: -- capital plan. Chair Gort: Question, why don't we do this. Let's work until 12 and take an hour lunch; come back at 1. Commissioner Suarez: That's fine with me. Chair Gort: All right. Vice Chair Carollo: I don't -- Chair Gort: I mean, we still got the whole agenda to go over. Vice Chair Carollo: And then at 1 we'll do -- we'll then do your -- we'll do the budget, and you should have some time, you know -- okay. Chair Gort: Okay. Vice Chair Carollo: That works. Good. [Later..] Chair Gort: (INAUDIBLE) meeting. Vice Chairman Carollo, you're recognized. Vice Chair Carollo: Thank you, Mr. Chairman. I brought the discussion item on the 2011/2012 budget because as we mentioned in the last meeting and so forth, it's important for us to know exactly where we stand. And we all know there's going to be some tough decisions that we're going to have to make, and the only way to do it is having the information in front of us and being able to do it in a prudent and educated manner. Before we begin, I do want to mention something that was actually brought to light to me by the Miami Herald, and it was with regards to severance pay. And that is part of the budget because money going out, less money that we have in our budget, even though it's for this current year. And it's my understanding thatAPM (Administrative Policy Manual) 186, that discusses severance policy, stipulates that any employee of the City ofMiami that leaves on his own merits does not receive a severance pay unless the City Manager approves it and then comes before the City Commission for approval. So if that's the case, I want to open up for discussion because the truth of the matter is, I think that money was inappropriately given out and we should try, by all means, to recuperate that money from all individuals that have received compensation in that manner, so I don't know. I would like to also ask our -- a legal opinion from our City Attorney. But in all fairness, I think we should try to recuperate that money from every individual that has received that severance pay that has not come before this Commission. Chair Gort: Let me -- my understanding is, since I -- we've been elected here, that has not taken place, to my knowledge. Commissioner Dunn: Could you repeat that, Mr. Chair? Chair Gort: Since we were elected here -- I was here since January of 2010. These gentlemen were here in November 2009. I don't believe that has taken place. City ofMiami Page 122 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Commissioner Dunn: May I? Chair Gort: Sure. Commissioner Dunn: I know we want to go to the City Attorney. Well, I think there's somewhat -- some ambiguity as when it -- but my understanding -- and I'm just going on -- based on what read, andl will give credit to the Miami Herald, credit to a person that don't normally give credit to, but I will; The Crespo-Gram, which, in many ways, I think sometimes is akin to tabloid journalism. I said it; I don't apologize for it. However, there does seem to be some issues at stake in terms of timeline, and let me see ifI can recapitulate and then -- let me thank you for bringing this issue to the surface. I understand that under former City Manager Carlos Migoya that, in fact, his position was that if a person resigned or retired, they, in fact, were not entitled to the severance pay. I understand, based on what I read, that under City Manager Tony Crapp that this did, in fact, occur with Mr. Larry Spring, andl think there was another gentleman that it may have been mentioned. Vice Chair Carollo: Peter Korinis. Commissioner Dunn: Pete -- Peter Korinis, yes. I also understand that under former City Manager Pete Hernandez that this practice did take place, but because of the financial environment that the City ofMiami was in, that -- and credit to Mr. Carlos Migoya. He pretty much -- he stopped that practice, and that was pretty much his prerogative. I think the question that, ifI may, we need to understand is what is the legality of a discretion or a decision like that being made because, technically, it does supposed to come before, but -- the Commission. Is it or is it not in the City Manager's discretion? If it's not, then I'm with you 100 percent, let's get it. If it is within his prerogative, then maybe it may be legal, but certainly in terms of judgment, very poor. So that's my position. And it's not at the best interest of the City ofMiami, given the financial condition that we're in. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. In answering that question, Mr. Manager or Mr. -- Madam City Attorney or anyone else in the City Administration that wishes to embark on this answer, any expenditure in excess of $50, 000, does that expenditure need to come to the City Commission? Johnny Martinez (Assistant City Manager/Chief of Infrastructure): I believe, yes. Commissioner Sarnoff. Then tell me how a City Manager can with one stroke of a pen provide $155, 000 to an employee without this Commission's approval? Mr. Martinez: Well, first of all, the APM, right in the titles, an administrative policy prepared by the Manager. And it matters not to me whether we're fiscally abundant in money or not; something that's given out erroneously or improperly should be taken back whether we 're fluff in money or not. That's number one. I think the money needs to be returned. Two, I think the Administration needs to set the example to follow its own policies. You know, the Administration prepared the policy and we should set the example in leadership to follow our own policies. If we don't follow our policies, how's anyone else going to? I think we need -- Commissioner Sarnoff. While you're on that -- and Madam City Attorney, help him -- when I asked the question any expenditure above $50, 000 needs to come to this Commission, are we talking about a resolution, are we talking about an ordinance, or are we talking about the Charter? City ofMiami Page 123 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Julie O. Bru (City Attorney): Commissioner, the authority of the Manager to expend funds for the purchase of goods and services is governed by the procurement code. This isn't the purchase of goods and services. And if the Manager had budgeted in the budget monies for payouts, which I know there's a line item for payouts, and the Manager exercises discretion under the APM -- in accordance with the APM, he wouldn't have to come to this Commission because as long as he had budgeted it in the budget and he was exercising his discretion with respect to this executive staff under his policy it wouldn't have to come. The only difference is here is that it exceeded the policy. Chair Gort: Question. Commissioner Sarnoff. So -- I'm sorry. Chair Gort: I'm sorry. No. Go ahead. Commissioner Sarnoff. So we're stuck with the A -- so you're saying the APM governs? Ms. Bru: Correct. Commissioner Sarnoff. And can I see a copy of the APM? Vice Chair Carollo: Here. Chair Gort: Question. My understanding, the individual is entitled to his hours, whatever the vacation and sick, and there's a percentage that applies according to the amount of years that they -- My understanding also that in 1996 an ordinance was passed that anybody that resign do not have a -- should not get a severance pay, andl think that was in 1996 that it was passed, an ordinance. I might be wrong. Ms. Bru: Right. Well, there's a code provision that governs the civil service. You've got different things for different classes of employees. For the employees under the bargaining unit, whatever the collective bargaining agreement says about payouts of sick leave and severance or any other kinds of payouts, that's what stands. For the rest of the classified service governed by the civil service rules, there are in the civil service rule provisions for the payouts of sick leave and accrued vacation, all those things -- Chair Gort: Right. Ms. Bru: -- accrued sick leave and how we calculate it. This policy governs unclassified personnel appointed by the City Manager to executive positions, so it's a very small universe of employees that are governed by this policy. But I guess the prior City Manager seemed it in the best interest of the City to restrict the authority that he had by requiring Commission action when there was a desire to exceed the policy. Commissioner Suarez: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Suarez: Thank you. I think what makes it distasteful for us -- oh, it's distasteful on a, I think, multitude of different levels. First, you know, it's inconsistent with a policy that has been promulgated by the City Manager, the prior City Manager, andl think you articulated that very well. Secondly, it's inconsistent with the fact that we had to cut our employees tremendously last year and now we are doing something that's -- is not consistent with that philosophy. It's -- I think it's distasteful on a multitude of -- and the third thing that l just remembered is that it happens to -- it was done as the former City Manager was leaving andl think that also -- it just City of Miami Page 124 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 doesn't feel right, it doesn't smell right, it doesn't look right. And aside from the other two, which are more than enough rationale for us not to -- and to do everything that we can to recuperate this money, the third one just makes it even worse from my perspective. I don't know how you all feel. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: With all the comments that my colleagues have made, can then -- do you need a motion or should we make a resolution requesting that the Administration use all legal avenues to obtain the monies that were paid out to everyone that has left since, you know, this APM was established and monies given? And do you need a motion for that? Commissioner Suarez: Second. Chair Gort: Motion by Vice Chairman Carollo, second by Commissioner Suarez. Discussion. Commissioner Dunn: Discussion. I just want to make sure legally we're -- Let me just say this. Let me take my glasses off and say what I need to say. For me, this is not a black -and -white issue. It's a wrong -and -right issue. Vice Chair Carollo: That's right. Commissioner Dunn: And so I want to let that -- I'm putting that on the table. I can give less than anything -- and I want to say something else -- but I can give less -- I think the issue, what are our grounds. So Madam City Attorney, just put us on solid ground. And I know -- you know, I'm not trying to put you on the spot, but that's why you our City Attorney. Is this something that we legally can pursue? That's all need to know. If we can, then I'll support it. Ms. Bru: I can't give you an answer without looking at all the circumstances, without looking into the issue of the Manager exercising his authority. I mean, I really would need to look at it. If the will of the Commission is is that we look at it, we will look at it andl will report back to you as to whether or not there is -- you know, it could very well be that by a simple letter, the individuals who are affected will just return the monies, so -- and it doesn't become a legal issue. Vice Chair Carollo: Can we actually table this then for -- you know, for later 'cause I really think --? And by the way, Commissioner Dunn, you're absolutely right; this isn't a race issue. That's why I said everyone. Commissioner Dunn: Thank you. Vice Chair Carollo: You know what; without even knowing who else may have or may not have done. Commissioner Dunn: Well, I just wanted to publicly state -- and I'm not going to be boxed in by any play on me because, you know, sometimes the rah -rah comes back, but I want to do what's right. That's all want to do, and what's for the best interest of this City. Andl want to state that publicly and let the chips fall where they may. Vice Chair Carollo: Right. Commissioner Suarez: Mr. Chairman. Chair Gort: Yes, sir. City of Miami Page 125 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Commissioner Suarez: I think the motion as presented by the Vice Chairman was for us to do everything that was legally within our means -- Commissioner Dunn: That's it. Commissioner Suarez: -- to recapture that money, so I think the motion itself -- Commissioner Sarnoff. Well, have we even confirmed that they've been paid? I mean, is Finance here? Do we -- I mean, this is so close in time. Chair Gort: Been paid. Commissioner Sarnoff. Have these checks been paid? Vice Chair Carollo: Finance is there. Diana Gomez: Diana Gomez, Finance director. The check for Larry Spring, yes, was paid. Commissioner Sarnoff. And I'm looking at -- andl don't know if Tony Crapp is the same situation. Has his been paid? Ms. Gomez: That I understand right now, it has not been paid. I think it's being processed as we speak because it's payroll this week. Commissioner Sarnoff. Okay. So is this Commission capable of holding up the processing? Ms. Gomez: If it's the will of the Commission andl get the direction from the City Manager, sure. Commissioner Sarnoff. And if we had ample -- because I don't know that I've had ample discussion. Have we had ample discussion on how Tony is getting his pay and what his pay is? I mean, I've read the Herald article or some article. I don't know what article it was. Have we established what -- I -- look, Larry Spring apparently is some severance based on a memo that I have seen in front of me now and -- but I don't know if Mr. Crapp andl don't know -- well, I don't know the others. The others are Peter Korinis and -- who's the -- is there anyone else we're talking about? Commissioner Dunn: I think that's -- Chair Gort: That's it. Commissioner Dunn: -- it since the APM was issued by former Manager Carlos Migoya. Commissioner Sarnoff. But do we actually know that that's it? Vice Chair Carollo: Exactly. Commissioner Dunn: Yeah. Vice Chair Carollo: And that's my point. That's why I say everyone because I'm not sure who else is there. Commissioner Sarnoff. There's some people -- City of Miami Page 126 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Vice Chair Carollo: And that's why -- Commissioner Sarnoff.. Right. Vice Chair Carollo: -- and that's a perfect example why this is not about race because I don't know who else is there. I'm just saying everyone else that receive some, you know, severance that weren't supposed to because it never came to this City Commission for approval. Commissioner Sarnoff.. Andl guess this is a -- forgive me, Madam City Attorney. It's a little bit of my area of expertise. So you have a City Manager who issues an APM that very clearly states this supersedes all other APMs and equally states anything above was a threshold number of 50 Commissioner Suarez: Mr. Chairman, if I may? I think the APM, what it says is if someone voluntarily resigns, they're not entitled to severance, period. Commissioner Sarnoff.. Right. Commissioner Suarez: And any deviation from the APM -- Commissioner Sarnoff.. Goes -- Commissioner Suarez: -- has to be approved by the City Commission. Vice Chair Carollo: Yes. Commissioner Sarnoff.. So -- Commissioner Suarez: And so -- and that never happened. Commissioner Sarnoff.. -- presuming Commissioners -- presuming people all know what the law is, then are we not in an equitable estoppel basis where we would rely upon the Administration to operate in accordance with its own administrative procedures? So anybody that suggests well, we didn't pass a reso or we didn't pass an ordinance -- and by the way, next Commission, I'd like to see an ordinance brought up exactly like the APM for first reading. But having said that, aren't we in a position of -- aren't we allowed to rely upon our Administration exercising the letter of the law of its APMs? Ms. Bru: I don't understand the -- if there's a question, I don't understand what the question is. Commissioner Sarnoff.. Well, let's presume that we all sat up here and knew that Carlos Migoya passed this APM and it said all previous APMs are superseded, so we know this is the APM. Don't we get to act in reliance on the fact that thatAPM is the governing document, is the governing policy that the Administration will guide itself by? And should it wish to deviate, it then comes before the tribunal of the five of us? Ms. Bru: Oh, it is established policy. And until superseded by any revision thereto, it is the controlling policy of the City. And yes, you are entitled to rely that the policy will be observed by the officer who is charged with following the policy. Commissioner Sarnoff.. But I suspect what you're then going to say is the officer that brought thatAPM about then has the discretion or the potential discretion of removing thatAPM. So my question then is, couldn't this Commission have relied upon the fact that that APM was in place so that we didn't need to pass any further legislation? I mean, you're -- I think what you're suggesting is I need to research and look at whether the guy that issued the rule can change the City of Miami Page 127 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 rule, as simple as that. Ms. Bru: Well, we know -- Commissioner Suarez: And -- Ms. Bru: -- that to be the fact. But I don't think that this APM has been revised. I mean the -- Commissioner Suarez: Well -- Ms. Bru: -- latest that checked. I haven't seen a revised APM. Commissioner Sarnoff. So then you're telling us, in effect, unless he superseded that APM with a new APM, he didn't abide by that APM and, thus, that is the governing law. Ms. Bru: And what is the effect of an administrator who has the authority to revise the policy, and what is the effect of an act conducted by an administrator who isn't following his own policy. So that's what we really need to look at. And quite frankly, I mean, it's just one of those very unique situations. You know, now this Commission does have the authority to remove that decision about severance from the administrator and set it as a matter of policy in the code and therefore settle that once and for all. I mean, you have -- Commissioner Sarnoff. You know what, let me do this. The person that just made the motion and the second, can you table that for one moment? I'd like to make a motion that until we pass an ordinance on point with this, that this City Commission adopt that APM by resolution. Chair Gort: The existingAPM. Commissioner Sarnoff. The existingAPM by resolution as a stop -gap measure until such time as we pass an ordinance. Commissioner Dunn: I'll second. Vice Chair Carollo: I will second if -- Commissioner Dunn: Okay. Vice Chair Carollo: -- parliamentary, we're doing it correct, Madam City Clerk. Priscilla A. Thompson (City Clerk): Yes, because you tabled your first motion, so now you're taking this new motion that's on the floor. Vice Chair Carollo: I will second that. Commissioner Dunn: Yes. Chair Gort: There's a motion -- Commissioner Dunn: Moving forward. Chair Gort: -- by Commissioner Sarnoff and a second by Vice Chairman Carollo. Commissioner Suarez: I agree with it. I just -- I think the other -- Chair Gort: Any further discussion? City of Miami Page 128 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Commissioner Suarez: -- motion is a good motion too. Commissioner Sarnoff. What's that? Commissioner Suarez: I think they're both good motions. In other words, I think your motion's Commissioner Sarnoff. Oh, I agree. I just -- Commissioner Suarez: -- good and I think -- yeah. Commissioner Sarnoff. -- I'm just trying to get this as a stop -gap measure -- Commissioner Suarez: Okay. Commissioner Sarnoff. -- so that somebody quits tomorrow -- Commissioner Suarez: But this is for the future. Commissioner Dunn: Exactly. Commissioner Suarez: Okay. Commissioner Sarnoff. -- and says -- Commissioner Suarez: Gotcha. Commissioner Sarnoff. -- or is watching our Commission meeting and says, you know what, I'm out of here. Commissioner Suarez: Let's go. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. Commissioner Sarnoff. Now you can go -- Mayor Regalado: Mr. Chair. Commissioner Dunn: Okay. Now before -- Mayor Regalado: Chair. Commissioner Dunn: Madam -- Chair Gort: Yes. Commissioner Dunn: Go -- I'll yield to the Mayor. Chair Gort: Mr. Mayor. Mayor Regalado: No. I just wanted to say that I think that you're doing the right thing by discussing this in public. It goes back to Commissioner Suarez discussion about the powers of City of Miami Page 129 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 the Manager, you know. We all have the chilling effect you are not supposed to talk about employees, you are not supposed to talk about, you know, payments of employees. I didn't even know anything about this until was contacted by the Herald. And that's why I said we should have an ordinance. That's why, you know, I totally, absolutely agree with you, Commissioner Sarnoff, that we need to have an ordinance so it's out of the Manager's hand, and it takes away a lot of responsibilitiesfrom the Manager to make a decision whether, you know, he likes a person or he doesn't like the person; he's friends of his, not friends. And it gives the Commission the certainty that this is not going to happen and you can budget. So I really thank you. I support the ordinance. I support what you're doing, creating the ARM as part of the Code. And you know, I do support the resolution saying, you know, that the Administration should do whatever steps -- take the steps necessary -- Vice Chair Carollo: Recuperate. Mayor Regalado: -- to recoup that money from anybody. Andl don't even know who because when I was contacted -- I'll tell you, I called Mr. Spring and he said, well, that's -- it was done for Timoney. It was done for Frank Fernandez. It was done for this. It was done for that. Andl said, well, yeah. But, you know, we are in this situation andl don't want to single out anybody, but you know, here we are discussing a dollar for the budget and we have this issue. So I -- Commissioner Sarnoff.. Mr. Mayor, would you be willing -- 'cause I'll make another motion otherwise -- to sign the resolution today -- Mayor Regalado: Yes, sir. Commissioner Sarnoff.. -- so it will become the law? Mayor Regalado: Yes, sir. Commissioner Sarnoff.. And thereby, I think -- and correct me if I'm wrong, Madam City Attorney -- anybody who has not been paid yet, that would hold that check in abeyance. Mayor Regalado: Yes, sir. Commissioner Dunn: Mr. -- before -- Commissioner Sarnoff.. Am I right on that? Commissioner Dunn: Let -- Commissioner Sarnoff.. If the Mayor signs the reso today -- I apologize, Commissioner. Commissioner Dunn: No. I know. Go ahead. Commissioner Sarnoff.. If the Mayor signs a reso today, then any checks that have not been tendered as of 1: 50 p.m. today will not be relinquished by the City. Ms. Bru: You're directing policy and the Administration has to implement the policy immediately. This is effective immediately. Commissioner Dunn: Mr. Chairman, before -- just -- Chair Gort: Yes. Commissioner Dunn: -- so we'll be clear -- and I'm going to support the motion as it is in terms City of Miami Page 130 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 -- but there are a couple of questions I need to ask. One, does the City Manager have the prerogative to ignore his own APM? That's number one. I think that's a issue that's at hand, that's at heart. Now the second issue that I think that we need to address -- andl understand what we're doing. But do we -- andl don't know. I'm not a lawyer. Hold on, Commissioner Suarez. Okay, stay close. No, I want you -- okay. Does this Commission have a right to hold the funds --? I don't support the action that took place. Let me say that first and foremost. I think it was not in the best taste. I think it was poor judgment, and that's at best. But do we have the right to hold the severance pay of Mr. Crapp for the monies that he may or may not be entitled to? And I think that's -- 'cause now we don't want to put both of those together. I don't know. If we do, fine. But do we have the right to do that, especially if, in fact, he is entitled to it? I don't know the answer to that question. Mayor Regalado: He doesn't have a severance. Commissioner Dunn: He doesn't have a severance. What about the other -- he has -- does he -- 2 Mayor Regalado: The other money is the vacation that the City buys or whatever. But in case of Tony Crapp, there's no severance. Commissioner Dunn: So there's no severance, but we're talking about other monies. Mayor Regalado: We're talking about -- no, no. Commissioner Dunn: Listen, is -- Mayor Regalado: We're talking about -- the money that he is getting, I believe, is -- he told me was the vacation hours and the sick time that he has accrued -- Commissioner Dunn: Yeah. Mayor Regalado: -- throughout the years of service. But -- Commissioner Dunn: Right, so -- Mayor Regalado: -- he does not have a severance. Commissioner Dunn: Okay, forget the severance. I stated it wrong. But that money, is he entitled to that regardless of --? That's why I'm asking the question 'cause I don't -- Mayor Regalado: I don't know. Commissioner Dunn: -- you know. Regardless of his actions, which I don't agree with, okay, but legally -- we're talking legally, that's all. I'm not a lawyer, so I'm not -- Mayor Regalado: I think that the discussion was the severance pay to other -- Commissioner Dunn: No. I think we talked about -- Mayor Regalado: -- officials. Commissioner Dunn: -- we also mentioned about withholding -- help me understand. Didn't you say --? Was that inclusive of any money --? Commissioner Sarnoff.. Well, andl said -- and I'm reading -- well, I hate naming -- City of Miami Page 131 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Mayor Regalado: Because the APM says severance. The APM doesn't mention sick time or -- Commissioner Dunn: Just so we're on solid ground. Commissioner Sarnoff. Yeah. You're right. And that's why I said we needed to drill into this to figure out what it is everybody was claimed that they're owed. Commissioner Dunn: Yeah. Commissioner Sarnoff. You know, vacation and sick time is something -- I've said this since I came to the dais. I will continue to say it. How vacation and sick time is not a "use it or lose it" basis, how you can accrue that and how you can turn around and cash out for sometimes hundreds of thousands and oftentimes eight hundred thousand, and more often than not seventy-five thousand or more, I think is wrong, but we have yet to be able to implement that. It seems like in the past people who have already, as they say, accrued it. But the accrual in the future, I still say, like the private sector, you take your vacations. Why? 'Cause you come back well rested. Commissioner Suarez: Mr. Chairman, ifI may. I'm not so sure -- andl voted, I think, in favor of the resolution that you proffered because I think we need to insure ourselves that it doesn't happen from this point forward. I just want to put a reservation on the record when it comes back as an ordinance that -- I'm not sure that I'm in favor of a severance policy for our executives at this particular juncture. The way that our budget is, the way that our city is -- you know, you just highlighted another big issue, which is vacation and sick being bought back and accumulating -- I think our liability, which we reserve 10 million for one-time payouts in the last budget. I think our liability was like $80 million or 70. Chair Gort: Eighty-two. Commissioner Suarez: There you go, 82. So that's something -- that's a huge contingent liability that we have to -- you like that, right, contingent liability. That's a huge contingent liability that we have to work on. And, you know, we're going to have to start making tough choices. And having a severance for our executives who are well paid, you know -- and this is aside from, like you said, sick, aside from vacation. Madam Attorney, do you have a severance policy? I believe when we negotiated, that was taken out of your compensation, correct? Ms. Bru: It used to be that the City Attorney had a severance, whether he left or whether resigned -- Commissioner Suarez: Right. Ms. Bru: -- whether it was terminated -- My severance policy is only if you terminate me -- Commissioner Suarez: With cause. Ms. Bru: -- without cause. Commissioner Suarez: Without cause. Chair Gort: Without. Ms. Bru: Before the expiration of the term. Commissioner Suarez: Right. But if you were to resign, you would not receive any severance? City of Miami Page 132 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Ms. Bru: No, no severance. Commissioner Suarez: Okay. Commissioner Sarnoff. And by the way, I have Mr. Crapp's emolument, attachment 8 of the resolution. He does not have severance. This Commission did not grant him severance, so -- you know, let me explain -- the resolution that we passed is a good stop -gap measure for severance. We, as a Commission, are going to have to grapple with accrual of sick time, accrual of vacation. We just do. I mean, like you said, 82 million reasons why you have to come to that decision. You know, I've said what I had to say. I think there are more people out there than the more infamous, you know, number one and number two employees. I think you're going to find some lower -level people who have left more recently that got severance. Andl don't know under what basis, I don't know under whose theory an unclassified employee is entitled to severance. They're not contract employees. They do not have a resolution authorizing their employment with the City ofMiami. And guess if you're in the chic crowd here, sometimes you can get severance. Commissioner Dunn: So -- Mr. Chair -- Chair Gort: Yes. Commissioner Dunn: -- can I direct --? Just so thatl be clear on the motion, the motion was made in reference to all severance, correct? I'm asking you a motion -- my colleague, Commissioner Sarnoff. Commissioner Sarnoff. That wasn't -- I don't think made -- the beginning motion -- Commissioner Dunn: Oh, that was -- Commissioner Sarnoff. I think it's Commissioner Carollo. Commissioner Dunn: Yeah. Vice Chair Carollo: My motion was -- Madam City Clerk, is it possible just for you to read it? Ms. Thompson: If I'm not mistaken -- Commissioner Dunn: Yeah. Let me just be clear. Ms. Thompson: -- the essence of the motion was that you wanted the City Attorney to take all legal steps and actions possible to review all the severance packages that were issued not too long ago, but it was just to review and to take any legal action for having those funds returned to you. Commissioner Dunn: Now that's -- Commissioner Suarez: Can I -- Commissioner Dunn: -- let me just make sure -- that's exclusive for severance or -- I'm just -- go ahead. I'm giving up my -- Commissioner Suarez: Thank you, Commissioner. If I may, 'cause I think -- Chair Gort: Sure. Go ahead. City ofMiami Page 133 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Commissioner Suarez: -- maybe this will answer your question and sharpen -- Commissioner Dunn: Okay. Commissioner Suarez: -- the motion a little bit more, at least the Clerk's understanding of the motion. Yeah, if it has -- Ms. Thompson: Let me just read -- can I read it from here, our shortcut? Commissioner Suarez: Sure. Ms. Thompson: Okay. What we have -- in essence, again, not word for word, that you take -- the City Attorney take all legal avenues to collect all severance payments made since the APM was enacted. Vice Chair Carollo: Right. Chair Gort: Severance, not the other ones. The one that -- Commissioner Dunn: Okay. All right. Vice Chair Carollo: Right. Commissioner Suarez: That was what I was -- Vice Chair Carollo: Because the APM -- Commissioner Suarez: -- going to -- since -- Vice Chair Carollo: -- gives severance. Commissioner Suarez: Right. Vice Chair Carollo: And just to add to this, Madam City Attorney, I'm not going to put you on the spot, but maybe research it because I think in this last session, there was a bill that actually passed and was made law that there should not be any more severance for state and local employees. So that might be something that's already on the books in the state -- you know, on state law. Chair Gort: Okay. Do we have a motion? Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: That was a good way to begin speaking about the budget, huh? Now as you know, I requested this and put it as a discussion item because I think it's for -- for once and for all, we need to really start digging into, you know, the budget that is going to be before us, you know, in weeks. And there is a lot of discussion whether we were in a deficit or not, what was the amount, so -- I cannot pronounce your last name; I'm sorry. Mirtha, could you please start providing us with the numbers. And before we begin, is there a budget deficit for the incoming City of Miami Page 134 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 fiscal year that begins October 1 of this year? Ms. Dziedzic: Mirtha Dziedzic, Budget Department. Yes, there is a projected deficit for fiscal year '12. Commissioner Suarez: Mr. Chairman, can I just -- Chair Gort: Yes. Commissioner Suarez: -- do you mind ifI just --? 'Cause I want to do one historical thing before you get into the going forward type situation, which is I want to explain a little bit about my last comments that when we talked about the budget. And in the paper that we all have before us that Mirtha -- that Ms. Dziedzic was kind enough to brief me on a few days ago after I think all of us were kind of insistent and exasperated with the fact that we specifically did not have this document, this detailed category -by -category breakdown. I just want to highlight one thing before the Vice Chairman continues, which is that our December 2010 projected deficit, assuming a seven and a half percent millage reduction, was $21.9 million, okay. So I recall conversations around that time where when we -- we were actually talking about a range between 5 and 8 percent, and so that's why there were discussions about it being as high as 25 and it being as low as somewhere in the high teens. When we started discussing the refinancing of a variety of our debt instruments a few weeks ago, there was discussion about a savings. And I had the Manager add up -- and the (Chief Financial Officer) at the time -- all of the different savings from that refinancing. That savings totaled roughly $18 million, okay. I specifically asked could that $18 million be used to balance our budget. Initially, the CFO said yes, it could. I think Diana started kind of making gesticulations, and prompted -- asked the CFO again. And the CFO kind of explained that if those expenses -- if that -- those one-time expenses could be -- or one-time reductions could be pegged to one-time expenses, then it could be used to balance our budget. At the next Commission meeting -- so in essence, what he was essentially saying to me, someone who's looking at the numbers and saying, well -- this is, by the way, before the 3.8 percent was brought to light, which came out a couple of weeks ago. So to the layperson, if you're talking about a deficit projected somewhere in the rage of 17 to $25 million and we can use 18 million of those dollars from the savings, it appears almost as if there is a -- there is not a significant upcoming deficit. He then in the next meeting kind of wavered from that position and said, well, it's not quite like that. It's possible that we're going to have to use those funds only for our reserves. The point being that our deficit was somewhere in the range of 17 to 25 million. And then we got the good -- what consider very, very good news, that our tax base had actually only gone down by 3.8 percent instead of the best -case scenario projection that we had been given of 5 percent. So I said, well, if best -case scenario we're going to be 17 million in the deficit and it came in at 3.8, that should save us, you know, 1.2 percent of $216 million. You know, that's $3 million. So that should have us at 14 -- you know, 14, $13 million deficit. And you know, I -- then it surfaced. I got a phone call, like everybody here, that our deficit was actually 40 million, and then I kind of couldn't figure out how could it have gone from, you know, 17, 13 million to 40 million overnight, and now this detailed projection that we're going to look at has it at 54 million. So I think that's the frustration that we all have. Before we used to talk about these things on a monthly basis and chart them, you know, as they went along. Are -- is it going up? It is going down? What -- you know, what numbers are we hitting? I know we did talk somewhat about the loss of revenue from the cameras, but obviously, this year you were able to find you know, other ways to cover that, so it would be interesting to see how you did that. But in any event, I think that's just -- I just want to do that from a historical perspective. So thank you for giving me the liberty of cutting in. Vice Chair Carollo: Yeah. Chair Gort: I'd like to place on the record, when we balanced the budget and we made the motion and we approved it, we knew that there was going to be a deficit this year. We all knew that for the next three years, it was going to be tough years, and that's why we made some of the City of Miami Page 135 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 decisions; that we needed reoccurring revenues, where they come up with some reoccurring revenues, which had not worked, but we knew. The problem we didn't knew [sic] how much was going to be the deficit. Andl think that's what kept us all -- all of us very worried, how much it really going to be. Go ahead. Vice Chair Carollo: Thank you, Mr. Chairman. And Commissioner Suarez, like I said, you know, previously, you're going to see a lot more of these items in my discussion pages. I think it's something that I'm going to continue from now on and make it a practice to make sure that we are getting the numbers on time, to make sure that, you know, we are going through and being able to in the future make, you know, prudent decisions and not -- I don't want to say in the dark, but the truth of the matter is, we need to shed light. So Ms. Dziedzic, if you would, please. Ms. Dziedzic: Well, first of all, I think we should address the fiscal year '11 'cause Commissioner Suarez had a value point; how did we make it if we have these shortfalls for the current fiscal year. Well, a couple of things have occurred. First of all, tax revenue is performing a lot better than anticipated. We had anticipated 90 percent collection rate. We're looking at around 91, 92. Commissioner Suarez: I think it was 89 percent. Ms. Dziedzic: Last year was 89. Commissioner Suarez: Right. Ms. Dziedzic: We budgeted -- 95 is required by the State. We reserved for the other 5 percent -- Commissioner Suarez: Okay. Ms. Dziedzic: -- in our expenditures. We are performing a lot better. That has eased the pain of the loss of the other revenue items. Additionally, building -- activity -building permits are performing a lot better than this year than originally anticipated. That has also assisted us in bridging that gap. The other side of the coin on the expenditure side, we were very conservative this year and we did reserve that 5 percent difference in tax revenue. So there was a $12 million line item in our expenditures that we have not touched. They're exclusively to cover that pain of revenues that we knew we were not going to collect. On top of that, we have $5 million in contingency required by our financial integrity ordinance that has not been used to date. We're monitoring it. We're keeping track of it. We're keeping a very close eye on that. Also, our vacancies. We've been managing and monitoring our vacancies very, very closely. We've already reached our attrition number of $5 million this year and we still have vacancies, so those vacancies should generate additional savings before the end of this fiscal year, a couple of million dollars more. So with all of those items, we're very confident that fiscal year '11 will close with a zero use of fund balance, okay. So we will be at break even or may be at a little bit better at the end of this fiscal year. Four twelve -- Commissioner Sarnoff. Well, not to -- I apologize, but it seem to me after hearing that, we would be in a better position than break zero. Because if we're short $8 million on camera and if we are short -- Ms. Dziedzic: Probably another million. Chair Gort: Thirty-two million. Commissioner Sarnoff. Well, no, no. We're not talking about -- we're talking about -- not this year. We're talking about the 0 -- Chair Gort: Last year. City of Miami Page 136 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Commissioner Sarnoff. -- this year's budget. Ms. Dziedzic: This year's budget -- Vice Chair Carollo: Yeah, we're talking about -- Ms. Dziedzic: -- '11. Vice Chair Carollo: -- she's talking about current year's budget. Commissioner Sarnoff. Right, current year's budget. IfI heard correctly, 5 percent has been -- 5 percent was factored in, which is 5 percent of 270 is, you said, $12 million. Ms. Dziedzic: Twelve million. Commissioner Sarnoff. -- a $5 million -- Ms. Dziedzic: Contingency. Commissioner Sarnoff. -- contingency. Chair Gort: Seventeen. Commissioner Sarnoff. That's 17 million. So that's 17 million above -- offset by camera, 8, and whatever else -- Chair Gort: All the other events that we had. Commissioner Sarnoff. -- so -- right. So I'm figuring in my head -- forgive me, Mirtha -- $9 million, okay; couple million here, couple million there. We have five or six million that we should come out in the black. Ms. Dziedzic: We also had a settlement this year, a pretty large one, of $3.4 million, the Wellman case. Commissioner Sarnoff. And that -- and we did not -- or we had factored that into or did not? Ms. Dziedzic: We did not factor it into this fiscal year. We thought it was going to be paid out of fiscal year '10, but the Court required us to pay it after October 1, so it was an expenditure of the current fiscal year. Commissioner Sarnoff. Although, ifI remember correctly -- Ms. Dziedzic: Fiscal year '11. Commissioner Suarez: This fiscal year that we're in right now? Ms. Dziedzic: Yes. Commissioner Suarez: So -- and we're still -- Ms. Dziedzic: And we're still okay. Commissioner Suarez: Right. That's actually good news for '11. That's another thing. That's -- City of Miami Page 137 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 it's good news for '11. You know, we did better than anticipated in collections. Good news for '11, so why 55 million? That's -- I think that's -- Chair Gort: That's why -- Ms. Dziedzic: Right. Chair Gort: -- I keep asking Administration -- that's why we get the monthly reports of the expenditure and to make sure we keeping expenditure within our goals, and our revenues to go above our goals. And those monthly reports are really helping to maintain this. And this you'll end up with surplus at the end of the year. Ms. Dziedzic: At worst, I think we'll be at zero. I think that's the worst -case scenario because there's all -- there's expenditures that we may not be aware of right now that we may have to incur. But I think we'll make this year either zero or positive. Vice Chair Carollo: And again, this was the budget that we did September of last year, the budget that we did with Mr. Migoya. Now what we're going to be speaking about is the new budget that we have to do, which will be for next year -- Commissioner Suarez: And -- Ms. Dziedzic: Right. Vice Chair Carollo: -- that starts October 1 of this year -- Ms. Dziedzic: October 1. Commissioner Suarez: Mr. Chairman. Vice Chair Carollo: -- fiscal year. Commissioner Suarez: Mr. Vice Chairman. Chair Gort: Yes. Commissioner Suarez: So let me pat us all on the back collectively. That's the first budget that's been balanced in the last, I believe, four years, structurally balanced, which is what I kept saying. This is the first structurally balanced budget in the City ofMiami in the last four years soI think, you know, it's appropriate for us to, you know, collectively, you know, pat each other on the back, along with the Administration. Vice Chair Carollo: But -- and by going through that process, that's why we're also, at the same time, saying wait a second. This is being done differently this year, and where is the information. You know, we're no rookies at this. We've done this at least once before. We know that by now we should have had a lot more information, a lot more details of where we need to be and where we should be and start discussions, and that's why we're bringing this up. Chair Gort: Okay, continue. Ms. Dziedzic: And so we can address fiscal year '12 and what we did not know in December when we came up with this $22 million estimate. What we did not know in December was the true pension requirement, which is about a million and a half than what we had estimated originally. We also anticipated our insurance costs to generate additional savings in fiscal year '12 of about $2.3 million. The reality is that we're looking at potential increases in insurance City ofMiami Page 138 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 costs. We don't know what those costs are right now. We're working with Risk. Yes, sir. Commissioner Suarez: That's a $5 million swing -- Ms. Dziedzic: Swing. Commissioner Suarez: -- from one -- Ms. Dziedzic: Correct. Commissioner Suarez: -- way --fluctuation. Ms. Dziedzic: Correct. Commissioner Suarez: I mean, what gave you the impression that we were going to save $2 million on our insurance? Ms. Dziedzic: Well, the -- Commissioner Suarez: I'm just asking because we didn't -- I didn't -- Ms. Dziedzic: yeah. No. Absolutely. Commissioner Suarez: -- actually didn't ask this question to you in -- otherwise, I would have asked it to you -- Ms. Dziedzic: Yeah. Commissioner Suarez: -- when we were briefing on it. You told me that we were going to have 3 million in increased insurance costs, but you didn't tell me that we had originally thought -- Ms. Dziedzic: We had originally anticipated an additional two, and that came from the imposition. The imposition reduced our health insurance costs. Commissioner Suarez: Right. Ms. Dziedzic: But that was only a nine -month number because insurance starts as ofJanuary . From -- it's a calendar year, not a fiscal year. So we anticipated that since we would have a full year of the new insurance plan, that we would generate an additional $2 million in savings from the insurance -- from the changes to the health plan. Commissioner Suarez: Right. Ms. Dziedzic: The reality is that the market value looks like it's going up. We don't know by how much at this moment, but we're anticipating a 10 percent increase from the current fiscal year, which is $3 million. So that's that $5 million change. Commissioner Suarez: That's a big difference. Ms. Dziedzic: Yes. Vice Chair Carollo: A big difference. And -- Chair Cori: So that's the projection. City of Miami Page 139 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Ms. Dziedzic: That's the projection. Chair Gort: It could be up or down. Ms. Dziedzic: It could be up or down. We don't know -- Chair Gort: It could -- it depends when we negotiate. Ms. Dziedzic: Correct. Chair Gort: Okay. Ms. Dziedzic: Additionally, we have other operating issues, other market items that are changing. Vice Chair Carollo: Yeah. But Ms. Dziedzic, I want to go back to the insurance -- before we get off the insurance. IfI remember correctly, couple of Commission meetings ago, maybe even the last Commission meeting we approved consulting contract -- I don't know. It was over 100,000 for -- yes -- consulting on insurance, and that's something that definitely want to touch upon because if we're going to be paying that kind of money, I want to make sure that we have some good consultants and that we are moving in the right direction. As all Commissioners here would remember, the last piece of the puzzle last year was the insurance. We really didn't have much to say because that's it. We were right at the end, and either we do it or we don't and it goes into chaos. I have heard a lot of complaints from the employees on the insurance, and that's one that think we need to tackle nice and early. One of the reasons that voted in favor of that consulting contract because, you know -- from Risk Management, they said this would help us lowering our insurance costs and so forth and giving better services. So I want to make sure that we do not forget that. I want to make sure that if we allocated those funds, that, you know, we get our money's worth. Thank you. Ms. Dziedzic: Okay. So the other part of this equation is that there are other operating costs, such as fuels and utility and scale fees that the market is just -- the prices are higher. We're experiencing an issue this year with GSA (General Services Administration) that we might need to appropriate additional funds in the next amendment because fuel costs have gone up so much. So we're anticipating increases in those areas, and that's about a $2 million increase over last year. The big piece of the expenditure side is we had anticipated to be able to realize an additional 2 percent of attrition -- that's an additional $5 million -- for a total of $10 million in attrition. Right now we have about $10 million in vacancies. And what I've done is I've put in a full budget for all of the vacancies, which we can look to reduce or remove, and we've removed all the attrition dollars at this point because if we're going to remove the budgets for vacancies, then attrition will be very difficult to achieve, attrition savings. Vice Chair Carollo: So what -- okay. So pretty much, it is impossible to remove 20, 30, or $40 from attrition? Ms. Dziedzic: We have about $10 million in vacancies. We will have some natural attrition, which -- Vice Chairman: Of course. Ms. Dziedzic: -- occurs every year, but maybe to the tune of 2 or $3 million -- Vice Chair Carollo: That's what I -- Ms. Dziedzic: -- in additional -- City of Miami Page 140 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Vice Chair Carollo: -- thought. That makes sense. That makes sense but not that, oh, we're near 20 or 30 million. Ms. Dziedzic: Yes. Vice Chair Carollo: Go ahead, Commissioner. Commissioner Suarez: I just want to touch on that issue because it's a big variation also from what we were looking at in December and what we're looking at now. It's a $15 million swing. That's huge. Why is that swing so large? Because what you're saying -- I think understand the 10.5 to -- 10.25 to mean that those are unfilled positions. Ms. Dziedzic: Correct. Commissioner Suarez: I guess you've collapsed attrition into that as well, because last time it had it broken out. Ms. Dziedzic: Right. Vice Chair Carollo: Right. Ms. Dziedzic: Attrition for 12 right now, I have it at zero. And I've identified all the vacancies. And the vacancies are about $10 million. This year, although we've achieved our attrition and we anticipate to realize additional attrition dollars for the end of the fiscal year, it's a very difficult and laborious task to keep track of that attrition to really monitor it. If we remove the vacancies, which are the main generating component of the attrition savings, it will be very difficult to achieve additional attrition. We might get a couple of million dollars from natural attrition, people separating -- Commissioner Suarez: That's still significant, though. Ms. Dziedzic: -- from the City. Vice Chair Carollo: Yeah, of course. Commissioner Suarez: Yeah. Ms. Dziedzic: But to say that we're going to achieve $10 million, which was the original estimate for fiscal year '12, is a little aggressive, I believe. Commissioner Suarez: They estimated -- the original estimate was an additional ten, in addition to the ten from unfilled positions? Ms. Dziedzic: No. An additional five from the original five, so a total of ten. Commissioner Sarnoff. But you're at -- Chair Gort: Five, five. Ms. Dziedzic: We're at -- right now we have $5 million of attrition, and we're -- we should achieve about another 2 million. Those are with the fully funded vacancies right now. Commissioner Sarnoff. Well, how many people -- are we in a hiring freeze? City of Miami Page 141 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Ms. Dziedzic: We are. Commissioner Sarnoff. And how many people have been hired since we've been in the hiring freeze? Chair Gort: Two hundred. Commissioner Sarnoff. Two hundred people have been hired, even though we're in a hiring freeze. Vice Chair Carollo: We need to see those numbers. Commissioner Sarnoff. What is that called, a soft freeze? Vice Chair Carollo: We need -- Commissioner Sarnoff. Or is that called a thaw? Chair Gort: I think a lot of them was part time because of the summer programs or something like that, but -- Commissioner Sarnoff. Well, wait, wait, wait. Vice Chair Carollo: We need to see -- well, we need to verify that. Andl think we need to get the numbers. We need to get the personnel. We need to get the salaries. We need to see, you know, who's been employed. Do we have a salary freeze or not, or a hiring freeze or not? Commissioner Dunn: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Dunn: Question, in terms of the hiring freeze. Pardon my naivete on this question, but if there is a vacancy created in a current position that does not fall -- that preclude -- pre-- it comes -- precedes the hiring freeze, would that department director be in order to replace that person or that means that it's just it? Ms. Dziedzic: No. That department director has the opportunity to fill that position with permission of the City Manager and approval by our department. Commissioner Dunn: Okay. Just wanted to -- Commissioner Sarnoff. But -- Ms. Dziedzic: So -- Commissioner Sarnoff. -- here's -- Commissioner Dunn: That's replacement. I just want to bring that -- Commissioner Sarnoff. No, no, no. There's a hiring freeze. From a hiring freeze, you have exceptions. Commissioner Dunn: Okay. Commissioner Sarnoff. Now once you establish anything is an exception, you don't have a City of Miami Page 142 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 hiring freeze. You don't realize the attrition. See, every administrative action, inaction lands directly on the head of this Commission, and it only puts us further behind the eight ball when it comes time for this budget season because decisions were made that we weren't made privy to and they fall on us. And you know, it's just like I tried to describe to Commissioner Suarez. It's like asking to take Hamburger Hill began. You know, it was a real hill in Korea. It really happened. You go Hamburger Hill. You get decimated. You take the hill and then you give it to the Administration and they give back the hill and they say you got to go right back up the hill again. And, you know, either there's a hiring freeze in place -- and Mr. Manager, you've made some perfectly valid -- and of course, I'm not talking about you -- but you've made some perfectly valid, perfectly good discretionary calls, but you know what; can we get a look at the calls you made? Commissioner Dunn: True. Commissioner Sarnoff. Can we get a peak at who you thought was absolutely necessary? Can we learn what positions you created because they didn't exist before. And now all of a sudden you think can't live without them. Simply put, technology has gotten to a certain point. Microsoft created this program. I need a new person called a director of whatever. You know, I got to tell you, I -- sometimes I try to make light of things up here, but I've never seen a city speak in so many codes in all my life. A hiring freeze is a hiring freeze for the media, but for purposes of the Commission, it's who I want when I want, but for you guys, it's a freeze. And the end of the day, you get to hire who you want, Mr. Manager -- and again, I'm not talking about you; I'm talking the position. But come May, June, July, and August, I have to live with the results of your soft thaw. No response needed because it wasn't you. Mr. Martinez: No. But I've been given that some thought and I'd like to just respond very -- Commissioner Sarnoff. Go ahead. Ms. Dziedzic: -- quickly. A hiring freeze is a hiring freeze. And like you properly mentioned with exceptions. What we're doing -- we're going to do is any time that there's a vacancy created because someone retired or left and it would have to be proven to the Administration, along with the department director and the ACM (Assistant City Manager), of why we need to fill that position. What's happening is they're filling the position at a lower rate. And whoever gets promoted into that position, that position is eliminated, so it's not a one -for -one. A position is being eliminated or not filled and we're hiring at a lesser rate. And they have to prove that it's an essential position in order to deliver the services that we promised. So it's -- part of the logic is you're going to promote someone. Okay, promote them, but they're going to make less than the person was there and then you're going to eliminate the position that he left. So in other words, there is -- at the end of the day, there's a net reduction in both the salary that the person was making and the reduction in the one that he went into, and we're going to look at that on a case -by -case basis after the -- after it's proven that it's essential to fill the position. Commissioner Sarnoff. You know -- and I think the Vice Chair will know -- I'm not a micromanager. I don't want to can't pencils. I don't want to know how many gallons of gas somebody spent. That is not my highest or anyone else up here, including the Vice Chairman, best use of his time. But I got to tell you, when I hear the City has hired 200 more people and there's supposed to be a budgeted attrition in our -- that we are anticipating so that we have a $5 million reduction, a $7 million reduction, or a $10 million reduction, it is so blatantly unfair to do to this Commission. Now that's not to say that you can't say I needed this person for this reason. Chair Gort: Sure. Commissioner Sarnoff. But you know, I got to tell you, 200 people. City of Miami Page 143 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Commissioner Dunn: No. I mean -- Commissioner Sarnoff.. I don't know. I don't know. If you tell me I have 200 essential people, Commissioner, then I need to rethink my vote today. Commissioner Dunn: No, no. I'm -- we're there. I -- Commissioner Sarnoff.. So -- Commissioner Dunn: -- just wanted to -- for clarification 'cause I didn't want us to block our -- I didn't want us to proverbially cut off our nose to spite our face, not -- fundamentally, I'm in agreement with everything you're saying, so I want you to know. And there needs to -- we need to draw the line in the sand. But in terms of essential replacement and if it's done at a lower cost and it's done based on pure need, then I -- that -- 'cause -- I mean, I can count some situations right now in District 5 where people have left in positions and right now there's a vacancy and it's operating at a really bad -- it's un -- it's inefficient. So that's what I'm thinking about, and that's why I wanted to put it on record because I do have some concerns. However, fundamentally and principally, I am 100 percent in agreement with what you said. Chair Gort: Mr. Martinez, I think it's important the Administration learns when the Commissioners make a decision, it should be enforced by the Administration 'cause -- ifI recall -- I don't know if you guys remember -- we talked about vacation, take it or leave it, and that was not implemented. And that was going to be part of the savings, so we need to look into those things. Yes, Commissioner Suarez. Commissioner Suarez: Mr. Chairman, I don't want to beat this dead horse. I think everybody has chimed in on this. Obviously, there are positions that we need to fill, like the CFO position is a position that needs to be filled, regardless of whether there's a hiring freeze or not. And that's Commissioner Dunn: Essential. Commissioner Suarez: -- those are essential positions. I think the problem is 200 positions is almost 5 percent of our entire labor force. Mr. Chairman -- Commissioner Sarnoff knows I'm very good at math, so 10 percent will be 400 positions because we have about 4,000 employees, 5 percent is 200 positions. So that's 5 percent of our entire labor force. That's not a small amount of turnover, particularly when you have a hiringfreeze. If you had vacant positions and you were savings $10 million, if we would not have rehired those 200 positions, imagine what the savings would be beyond that. Mr. Martinez: And I think some of them are temporary, some are program positions. Ms. Dziedzic: Which was the -- will be the majority. Commissioner Suarez: That makes sense. I mean, that's -- otherwise, you hired 5 percent of our entire labor force. You know, in violation of a hiringfreeze. Commissioner Sarnoff.. How does it matter, all due respect, if they're temporary or perm -- how do you arrive at your savings if they're temporary, if they're part time? It's still a cost. Ms. Dziedzic: HI may. Chair Gort: Yes. City of Miami Page 144 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Ms. Dziedzic: Temporary positions are not part of our salary and attrition dollars. They're considered operating expenses. So each department director needs to manage their temporaries based -- within their allocation. Commissioner Suarez: And how were those positions paid for? Were they paid for through the general fund or was --? Ms. Dziedzic: Yes, they are -- Commissioner Suarez: Okay. Ms. Dziedzic: -- paid through the general fund. Commissioner Suarez: Because I think sometimes we do -- I -- maybe I'm wrong, but I feel like we have paid for some programs of that nature through the CRA, if I'm not mistaken. Commissioner Sarnoff. The ones you're not concerned about, the ones I shouldn't be concerned about are CDBG (Community Development Block Grant), Community Development Block Grant Commissioner Suarez: Right, exactly. And that's -- Commissioner Sarnoff. -- HUD (Department of Housing and Urban Development) funded program -- Commissioner Suarez: -- why I wanted to make sure that they were not -- Commissioner Sarnoff. Right, right, right, right. Commissioner Suarez: Right. Commissioner Sarnoff. If she's going to say to me, Commissioner, we hired 200 people, but 180 of them were paid for by HUD, I'll stop talking. Vice Chair Carollo: Mr. Chairman. Commissioner Sarnoff. But I know that's not the case, and I suspect you know that's not the case. Ms. Dziedzic: It's not. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: In the past, back when we went through the financial emergency, wasn't there a committee put in place with representatives from the union and management and it was a labor committee. And before anyone was hired, they would go before this committee or so forth? Was there something like that? Mayor Tomas Regalado: Commissioner, I can tell you by historical memory that there was such a committee that I remember that the Commission, at that time when the Oversight Board was created, did create it. Andl think that you were here for a while and then Commissioner Teele. And what that committee was impaneled to bring ideas to reduce expenses and to reduce salaries in the City, but it never brought anything important to the table. And the committee was City of Miami Page 145 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 forgotten because of the Oversight Board. And you remember that the Oversight Board rejected two budgets of the City of Miami -- of the City Commission. And so I don't -- the role of that committee, thatl remember, wasn't about hiring or -- but it was about giving the Commission information. Vice Chair Carollo: Thankyou. AndMr. Chairman, ifI could continue? Chair Gort: Yes, go ahead. Vice Chair Carollo: AndMr. Martinez, this is why, you know, in the beginning, when it was for your appointment and so forth, you know, I was so tough with regard to the finances. You see how many things go through management and how much financial pull you have, you know, on the weight of your shoulders and we see it. With Migoya, you know, which was a financial person, he set that APM; with Mr. Crapp, he had a different idea, and so forth. And you're seeing now the importance of you know, having a financial person in that position. So again, I'm definitely going to be working with you and so forth. But believe me, everything that do up here is good faith. And now we're seeing, you know, now that we're actually discussing it, I think it's healthy. You're seeing how important your position is being with all these decisions. At the same time, I see a union representative. I don't know if he would like to mention as far as positions. Anthony Hatten: Yeah. I have a little information. It's closer to 300. Chair Gort: Excuse me. And you are? Mr. Hatten: Anthony Hatten, union president, Local 1907. Chair Gort: Thank you. Mr. Hatten: Thank you. If you guys -- and some people were supposed to get cut and they didn't get cut, andl got proof of that. Andl also have whatever you guys, you know, want to sit down, talk to me, I can get -- show you what's going on. Chair Gort: One of the things we asked the Administration the other day, to make sure we sit down with the unions and talk to you guys, okay. Thank you. Mr. Hatten: Thank you. Vice Chair Carollo: Thankyou. Commissioner Suarez: Mr. Chairman, ifI may just ask one question. Chair Gort: Yes. Commissioner Suarez: I don't know if anyone -- andl kind of asked it and I'm not sure if anyone was able to come up with an answer, but if not, if you can get it to me as quickly as possible. When was the hiring freeze actually implemented? Ms. Dziedzic: About two years ago, I want to say. Vice Chair Carollo: Mr. Manager, do you know when the hiring freeze was implemented? Mr. Martinez: No, I don't. Ms. Dziedzic: May 2009. City of Miami Page 146 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Commissioner Suarez: May 2009, okay. Mr. Hatten: May 7. Commissioner Suarez: May 7, 2009. Thank you. Commissioner Sarnoff. If it makes you feel any better, on December 7 or 17, 2008, I moved for a hiring freeze. I got one second from then Commissioner Regalado and everybody said we weren't in a financial crisis. Mr. Hatten: Just to reiterate, they weren't temps. Commissioner Dunn: What? Excuse me. Commissioner Sarnoff. They were not temps? Commissioner Dunn: Could you --? Vice Chair Carollo: They weren't -- the hirings were not temporary employees. Commissioner Dunn: Oh, it's not for -- Vice Chair Carollo: Right. They weren't temporary employees. That's what -- Ms. Dziedzic: Not all of them. Vice Chair Carollo: -- Mr. Hatten's saying. Mr. Hatten: Can we continue then, Ms. Dziedzic? Ms. Dziedzic: Sure. That's basically -- the biggest difference from December is the expenditure side of the equation of things that we were not aware of or things that we've modified our outlook on. On the revenue side, yes, our tax outlook -- our tax revenue outlook is better. But again, the red-light cameras, at this time we have not appropriated anything in our revenue estimates for red-light revenue. And originally, in December we were anticipating $10 million to be generated from the red -lights. Right now we have it at zero until we have the last few dangling areas, you know, closed off and hashed down. Additionally, there are -- there's a reduction of $2 million from the contribution from Off -Street Parking to the general fund. So between those two areas and the offset of the tax revenue coming in better than originally anticipated, the revenue estimates worsened by approximately $5 million. Commissioner Sarnoff. Okay. Can I ask a question? Chair Gort: Yes. Vice Chair Carollo: Yeah. Andl know where you're going. I know where you're going, yes. Commissioner Sarnoff. I mean, not to beat up on a guy who's not here, but how could there --? Well, let me just say it out there. How is there a $2 million difference from what Off -Street Parking was supposed to give us and what they gave us? Ms. Dziedzic: Those are their estimates. They're basically saying that they're not generating the same amount of revenues, so they cannot provide us with $7.5 million. City of Miami Page 147 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Chair Gort: They made that statement. Last time we were here, we asked them to be very conservative in their projections. Commissioner Suarez: They did. Commissioner Sarnoff. I just want to hear the answer. Why? Commissioner Suarez: In fairness. Vice Chair Carollo: Hold on, hold on. What are their actuals to date? Ms. Dziedzic: I can't -- Commissioner Suarez: I think can answer that too because when you told me that their actuals to date were a million -- Ms. Dziedzic: Less. Commissioner Suarez: -- I think they're a million less than what we had originally anticipated. When -- my under -- I don't want to bring up this whole conversation all over again, but think they came and told us candidly that they were being very aggressive -- Commissioner Sarnoff. Yeah. Commissioner Suarez: -- with their estimates. And we specifically -- andl had specifically spoken with Mr. Noriega and said Mr. Noriega, from this point forward, please, what we need is accuracy, not aggressivity [sic]. You know, we need -- just give us the good, bad, the ugly. We got to deal with it. We got to move on. That's what we want from our CFO. That's what we want from our City Manager. That's what we want from the Administration. We just want to know the truth and we want to be able to deal with it. Vice Chair Carollo: Right, but that doesn't mean that we can't question the reduction. I definitely think we can question the reduction. I definitely believe that if we're one million under or below their estimate for this year, that means they're at six. Ms. Dziedzic: Six and a half. Vice Chair Carollo: So -- six and a half. So then why are we going from six and a half to five? Ms. Dziedzic: Five and a half. Commissioner Suarez: That's a good point. Vice Chair Carollo: You know, what's the reason? Ms. Dziedzic: They're saying that they can't support the -- that contribution. Commissioner Suarez: I think -- Ms. Dziedzic: I can't speak on their behalf. Chair Gort: My understanding -- Vice Chair Carollo: Right. Chair Gort: -- they made their projection andl think it was about four month ago with the City of Miami Page 148 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 action that was taking place at that time. We got to figure out if it has improved, which I believe it has improved within the downtown area. Commissioner Suarez: You know what I think it is. And again, I don't want to speculate for someone who's not here. He can ably defend his agency -- Vice Chair Carollo: Of course. Commissioner Suarez: -- and himself. But my understanding is that they were actually two million behind. They may have fronted another million from their reserves, which they're still over -reserved. They have a decent reserve base at -- certainly much better as a percentage of the revenues than we do. Andl think that may have been the difference. But you can ask him. I'm sure he'll come and -- Vice Chair Carollo: And that's definitely something that we need to discuss during budget time once again. How big is the reserves and do they need to have such a large reserve and all that. Commissioner Suarez: Right. Vice Chair Carollo: And you know -- and that definitely will come up, you know, when we discuss their budget and so forth. But you know, it's $2 million so they're actually part of the 55 million deficit so that's why, again, we're questioning it. Ms. Dziedzic: Correct. Commissioner Sarnoff. I mean, let me just see ifI understand what the two whizzes at math said. We were allowed to take from their reserves for last year's -- Commissioner Suarez: This is my understanding of what happened. Commissioner Sarnoff. Okay. Commissioner Suarez: My understanding was they gave us a aggressive, what they call an aggressive projection of what their revenue back to us was going to be. That aggressive projection had, as any other projection -- andl don't know why I'm here talking for someone else -- but that had potential -- could have had potential revenue increasing. We could have increased rates. We could have done a variety of different things to help them make that mark. We did none of that, which is perfectly fine, and they came in at 5.5 million, which is what they're budgeting for next year. My understanding of it is that they have reserves -- and maybe I'm wrong, and they can come up here and if I'm wrong and -- I think he's our new interim acting CFO so he explain to us exactly what happened. Commissioner Sarnoff. Are you saying that we failed to -- 'cause I don't remember this, and maybe you have a better memory than me. But I didn't think we failed to raise any of the revenues that they asked us to raise. Commissioner Suarez: We didn't raise any revenues that they asked us to raise. Commissioner Sarnoff. We didn't raise any of the -- Commissioner Suarez: Any. They came to me -- I remember in my briefings, they came to me and asked me if we would raise rates, andl saidl can't support that. I don't know if they -- you had similar conversations with them, but -- Commissioner Sarnoff. We voted not to raise any of their revenue. City of Miami Page 149 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Commissioner Suarez: We never voted on them. It never came up for a vote. Commissioner Sarnoff.. Is that your recollection as well? Ms. Dziedzic: I think so. Vice Chair Carollo: Yes. Commissioner Sarnoff.. Okay. Vice Chair Carollo: I know for a fact I never voted for any revenue increase with Parking. As a matter of fact, I don't think it ever came before us. Ms. Dziedzic: I don't think so. Vice Chair Carollo: No. Commissioner Sarnoff.. Okay. I remember the briefing and l just assumed -- okay. Commissioner Dunn: Let -- Mr. Chair. Through the Chair. Vice Chair Carollo: Sure. Commissioner Dunn: You know, probably some of it got distorted in the other issues that were going on and that's probably why it never came forth. Just for historical perspective. Vice Chair Carollo: The other issues, do you want to elaborate or just --? Commissioner Dunn: Well, I mean, it was the -- Vice Chair Carollo: The expenses. Commissioner Dunn: -- to take -- Yeah, right. No, no, no, no. No, not that. When there was a issue about taking over -- Vice Chair Carollo: Oh, gotcha. Commissioner Dunn: -- the Authority. That's what -- and so that would -- this became a moot issue, I believe. I think that's probably what happened. Vice Chair Carollo: That's fair. Ms. Dziedzic, if you could continue. Ms. Dziedzic: So, in a nutshell, we have -- the 55 is comprised of 31 million -- or the 53 -- actually 54 is comprised of 31 million losses in revenues and additional expenditures of approximately $22 million. And this is a worst -case -- I believe a worst -case scenario. And these numbers will change on July 1 when the preliminary taxable values are certified by the property appraiser's office. Vice Chair Carollo: And just to highlight some of the main ones. Property taxes, somewhere in the area of 10 million; CRA, we can't count with that one time from last year, which is 10 point -- Ms. Dziedzic: Four. Vice Chair Carollo: -- 10.4 million. City of Miami Page 150 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Ms. Dziedzic: Ten point four. Vice Chair Carollo: The red-light cameras, another 10 million; Off -Street Parking, $2 million less, and then we got pension insurance, more or less, around what? Ms. Dziedzic: Ten million -- Vice Chair Carollo: Ten million. Ms. Dziedzic: -- the pension and insurance. Vice Chair Carollo: Yeah. And then there's a whole bunch of other little -- Ms. Dziedzic: Two million dollars in operating expenditures. Vice Chair Carollo: Gotcha. And that's where you come up with almost $55 million? Ms. Dziedzic: Correct. Vice Chair Carollo: Okay. Is there any suggestions that you have? And by the way, I want to continue and open them up for more discussion because when do -- by when do we have to approve the cap on the millage? Ms. Dziedzic: It needs to be in the property appraiser's office by August 4. Vice Chair Carollo: August 4. Ms. Dziedzic: So you have the month of July. Vice Chair Carollo: Now, so we are scheduled to do this vote on July 14. Ms. Dziedzic: Correct. Vice Chair Carollo: But that doesn't mean that we cannot defer it and actually do it July 28. Ms. Dziedzic: That's correct. Vice Chair Carollo: And I'll tell you why. As you know, we all have a -- we all know that there's an election runoff for County Mayor. Once that person is elected, within two weeks, do you know what they're going to have to do? They're going to have to present a budget -- Ms. Dziedzic: Their budget. Vice Chair Carollo: -- their balanced budget to the County Commissioners prior to them voting on the cap on the millage. Now what I'm looking at is if that's the way the County does it, if that's the way the state does it where the governor present its balance budget to the legislatures, and then obviously they work and they do what they do with the budget, why don't we do that in the City? Before this Commission has to vote on a cap on the millage rate, why can't we have the Mayor present his balanced budget just like they do in the County, to this Commission, let's say on July 4 so on July 28, we have two weeks, more or less, so then we can vote on the cap of the millage and we could see where we're having the Mayor's suggestions and so forth and then we can continue the process? That's how it's done in the County. That's how it's done in the state. Why don't we do it that way in the City? City of Miami Page 151 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Ms. Dziedzic: From my experience, we have historically determined the way the budget goes by the millage. That is usually the presiding revenue. So from there we determine what other revenues we're going to collect and what expenditures we can fund. The requirement by the state is to have a balanced budget by September 30, so -- Vice Chair Carollo: I understand that. All I'm saying, the way the state does it is this way that just mentioned, the way the County does it -- as a matter of fact, as soon as whoever gets elected, whether it's Mr. Gimenez, Mr. Robaina, within two weeks they're going to have to present a balanced budget to the Commission. Before they vote on the cap of the millage. And I'm just saying, why don't we have that process? Why can't we have the Mayor, along with the Administration obviously, present to this Commission how they expect us to balance this budget prior to us voting on the cap of the millage? Because realistically, once we vote on the cap, we can't go any higher. We could always go lower. Ms. Dziedzic: Correct. Chair Gort: That's it. Vice Chair Carollo: So realistically, I think in a way we're putting the cart before the horse and realistically, we should see how we're going to balance this budget if we do not do a millage increase. Ms. Dziedzic: Which is the way that we're preparing all of our estimates; it's without a millage increase, as we've been instructed to. Vice Chair Carollo: I'd like to listen from my colleagues. I mean, I thinkl bring a valid point. That -- this is exactly the way the County does it. It's the way the state does it, where the governor present its budget. I think in all fairness, we should have all that material before us before we have to take a vote on the cap of the millage. Commissioner Sarnoff. All right. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. I think that's perfectly valid. I mean, we know the Mayor has stated publicly and very firmly that there will be no increase, so show us your strategies, show us your strategies so that we understand what it's going to take the balance the budget. That's -- my questions to you for your confirmation were threefold, you know, and that was it's either going to be with salary reductions, layoffs, furloughs. And you said it's going to be some combination of all three. Mr. Martinez: Possibility. We could certainly turn in different scenarios. One, what it would take to balance the budget, holding the millage flat, which results in no tax increase, or actually a tax decrease for the ones that the property values went down. We could also do a scenario in order to not reduce salaries and benefits, things like that, on what millage rate increase it would take in order to balance the budget that way. We can do different scenarios and give you a menu of options, flat, a little bit of increase only affects furloughs; more increase, then we don't have to do salaries and we can give you a menu of different scenarios based on different millage caps, and then the Commission can choose whether to stay flat or a slight increase or whatever. Commissioner Sarnoff. Would you have that for us prior to July -- the first reading in July? Mr. Martinez: July -- the next Commission meeting is -- Vice Chair Carollo: July 14. City of Miami Page 152 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Chair Gort: Fourteenth. Mr. Martinez: Fourteenth. Commissioner Sarnoff. Right. Vice Chair Carollo: And what I'm asking for is -- Chair Gort: You got two weeks. Vice Chair Carollo: -- I want -- no. Actually, you got two because if you see we have an extra week. If you look at the calendar, we have -- this is one of the months that we get an extra week, so it's actually three weeks. Chair Gort: I'm being conservative. Vice Chair Carollo: I've put a lot of thought to this. And what want on the table be -- you know, with ample time before we take the vote on capping the millage, I want a balanced budget in our table for us to review just like the governor does for the state, just like the County Mayor does for the County. I think that, realistically -- and obviously, it's going to be combination with the Administration, but I think the head of the City should present a balanced budget with his recommendations to the City Commission. Again, just like it's done in the County, just like it's done in the state. You know, I think that is fair, and that will give us ample amount of time before we actually take a vote on the cap of the millage and everything lands on our lap, you know, and I think, realistically, that's a very prudent way to move. Now that doesn't mean we could take all the recommendations. That doesn't mean -- Chair Gort: Yeah. Vice Chair Carollo: -- that -- Chair Gort: They don't do that at the legislation. Commissioner Dunn: That's the purpose of bringing it before us. Chair Gort: They don't do that in the County Commission. Vice Chair Carollo: Exactly. Commissioner Dunn: That's the purpose of bringing it before us, right. Vice Chair Carollo: Exactly. But it's part of the process. Chair Gort: Right. Vice Chair Carollo: It's part of the process, and that's what I'd like to see. And you know, if that could be presented to us on July 14, so then July 28 we can take the vote and we have plenty of time, by August 4, to present those documents or that determination to the County. Chair Gort: Okay. Vice Chair Carollo: And if -- I will make -- Commissioner Dunn: Mr. Chair. City of Miami Page 153 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Vice Chair Carollo: -- that into a resolution -- into a motion, if possible. Commissioner Sarnoff. Second. Commissioner Dunn: Okay. Chair Gort: It's been moved and second. Discussion. Mr. Mayor. Mayor Regalado: I just -- Ms. Dziedzic: I'm sorry. Mayor Regalado: No. I just wanted to say several things. First of all, I -- we don't have a problem in deferring the millage to July 28. Vice Chair Carollo: Twenty-eight. Mayor Regalado: Twenty-eight, okay. Remember, before we do any presentation to you in terms of the budget, you have to wait on the solid fee -- on the solid waste fee because that has to be sent to the County, I think, by also the 4th, right, the 4th of August. Personally, I know that last year you defer the -- on the first reading that and you spoke about considering a rollback and all that because of the situation that we have with the unions. I would tell you, Commissioner, that raising the millage in the City ofMiami is not a good idea; that we have to work with the notion that the millage is going to be flat. And you know, what you did last year of setting the millage flat, that meant a reduction for 80 percent of the people. Those with a 3 percent, you know, Save Our Homes, we even got, like myself, a reduction, but a lot of people, especially commercial, have a great savings. That brought a wave of real estate sells in the City ofMiami, and as you will see in the afternoon mega projects that are coming to the City ofMiami. So I think that keeping taxes low not only was the right thing to do for the resident, but it was the intelligent thing to do. And so we will probably be able -- the Manager will probably be able to bring by July 14 -- Vice Chair Carollo: Fourteenth. Mayor Regalado: -- ideas of how to have a balanced budget, but unless and until we know the solid waste fee, how is it going to play in the City Commission; and of course, the millage, we would not know exactly how to have a specific budget. I will tell you that, number one, the state of Florida, since they don't live on property taxes, they don't have to set the millage. I do know that the governor signed -- I think it was yesterday -- a bill whereby we are going to get like a 60 or $50 reduction in the South Florida Water Management taxes, so it will be reflected in our bill. So that's something that we're giving to the people. We do not know if the School Board is going to have a rollback. My understanding is that they going to go flat. And of course, like you mentioned, the mayoral race in the County, both candidates have said that they would roll back the rollback, and so it's -- the City ofMiami, if you were to even consider raising the millage, will be the only entity in bigger government that would do that, but you know, we are -- we do need to understand what is your decision on the solid waste. We keep it as it is, raise it a little, reduce it, whatever. We need to understand that. That's another thing that you have to vote on it. And the other thing that you have to vote on it is the millage, but I am sure that the Manager will present to you all alternative. And we will have a conversation with you every day, if necessary, to discuss the budget. I do think it's a mistake wasting the time of the budget people and the Finance people and the Manager bringing scenarios of what are we going to gain if we raise the millage two points if -- what are we going to gain if we have a rollback. I hope that the political will -- andl know it's difficult to do it because there are many issues -- will remain as last year, that we do not raise taxes. And it will be -- it would be the first two years in a row in many, City ofMiami Page 154 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 many years in the City ofMiami where people will be paying less and less for two years. Because in the past, we, Commissioners, didn't raise the millage, but the properties went up and up and up and all of us were paying more and more taxes. And so I would not support any raise in the millage. I will not support a rollback. And that is why the Manager is saying, well, we're working with what we have, and that's explanation -- Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: And do you know what, Mr. Mayor? We may all agree with you and not support an increase in the millage. However, we want to see what you do support, you know. As far as the increase in the garbage and so forth, we want to know your recommendation -- Mayor Regalado: Absolutely. Vice Chair Carollo: -- you know. When you say that both mayoral candidate want to have a roll back on the roll back, well, they're going to be presenting this to the Commission in two weeks so we could clearly see where they stand and what exactly they're going to balance the budget. You know what, they may very well do that, but then they also have to show a balanced budget, so where's the cut going to come from, where's it not. And it's only a suggestion because the legislative body is the Commission -- Mayor Regalado: Right. Vice Chair Carollo: -- so -- Mayor Regalado: As you know, the County does not get a full balanced budget. It just get a projected budget from the Manager and the Mayor every year around the middle of July. That's what they get. Vice Chair Carollo: Well -- Chair Gort: Okay. I'm sorry, go ahead. Finish. Mayor Regalado: Because it depends on the Commission. Vice Chair Carollo: Yes, but they present a balanced budget for a Commission's re -- for the Commission's approval. And -- Mayor Regalado: Right. Vice Chair Carollo: -- yes, the Commissioners could change things within the budget, but I think that is the more prudent way to operate. And as a matter of fact, you know, all of us up here may be in agreement with you with regards to keeping the millage the same. I don't know. But we want to see, okay, if we keep it the same, where are these cuts going to be. Mayor Regalado: Right. Vice Chair Carollo: We want to know the recommendation. Mayor Regalado: And -- Vice Chair Carollo: So -- and I think that's the way it's done, you know, again, in the County and in the State. The Governor presents his budget to the legislative body and then they make City ofMiami Page 155 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 the decisions and vote on it. Mayor Regalado: Right, but just to make sure, the State doesn't do millage. Vice Chair Carollo: Right, I understand. Chair Gort: Mr. Mayor, the suggestion is you have and the Administration present your budget as you want it, with no increase, but at the same time, since you have it done, you can also look at an increase. At the same time, I want to make sure we keep control in the expenses of the City on a monthly basis to make sure that we can achieve the goals that we're going to and some of the reserve that we can have. If we continue to do wisely, we can come up with some reserve at the end. And let's take in consideration, this is being done in a very, very conservative way, so I want to make sure we understand that. Commissioner Dunn: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Dunn: I thinkl get it, Vice Chairman. It's just a matter of having the right to weigh out our options. Chair Gort: Right. Vice Chair Carollo: Yes. Commissioner Dunn: I think that's it. Mayor Regalado: And -- Vice Chair Carollo: Thank you. Mayor Regalado: Absolutely. Commissioner Dunn: Weigh out our options -- Mayor Regalado: And -- Commissioner Dunn: -- and it may -- and when the dust is settled, we may very well be on the same page, 100 percent. Mayor Regalado: No, no. I mean, it's okay. I mean, it's okay. And that's the reason that I move so quickly on the appointment on the Manager, you know, in 12 hours and for your confirmation today because he needs to have all the authority to start cranking up all the Administration and that's -- Chair Gort: That's why I told the wife don't expect him home. Commissioner Dunn: The honeymoon is over. Chair Gort: That's it. Vice Chair Carollo: Call the question. Chair Gort: Yes, sir. City of Miami Page 156 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Vice Chair Carollo: Do we call the question? Chair Gort: Call the question. All in favor, state it by saying "aye. " The Commission (Collectively): Aye. Chair Gort: Okey-doke. Thank you. Vice Chair Carollo: Thank you, Ms. Dziedzic. Chair Gort: Thank you very much. Commissioner Sarnoff. Mr. -- Chair Gort: Yes. Commissioner Sarnoff. With regard to that, Mr. Manager, would -- Mr. Martinez: Yes. Commissioner Sarnoff. -- you also, for my benefit 'cause I do this every year and it doesn't usually -- well, I don't think it's worked ever, but let's see. I want to be able to, with the garbage fee, find out what it would cost for us to go single -stream recycling like the County does. And also, what percentage of our budget is attributed to solid waste so that -- what would the garbage fee be so that none of the high-rise buildings, none of the multifamily buildings have to incur any of the cost associated with our sanitation -- Chair Gort: Right. Commissioner Sarnoff. -- and do not get those sanitation services. Did you follow my question? Mr. Martinez: No. Commissioner Sarnoff. Okay. First one is, I'd like to know what it would cost in an increase in the garbage fee for the City to become single stream, just like the County, for recycling. Those are the large green bins -- Mr. Martinez: Yep. Commissioner Sarnoff. -- that they have. I think I've moved for that every year and I'll do it again this year. We'll see where it goes. The second issue I have is what would it cost so that none of the solid waste budget for pickup is attributed to our general fund which is a service that none of the multifamily buildings get. They have their own solid waste franchises or -- What's the right way to say that, Mr. Mayor? They have their own -- Mayor Regalado: Company. Commissioner Sarnoff. They have their own companies that have to pick up their solid waste. I'm -- I usually move for it every year. I pretty much intend on doing the same thing this year. I never usually get support for it, but I intend on moving for it so that we see the true cost of our sanitation. Andl would also --I don't want to say being the green Commissioner because I hate those labels, but want to see us some day get to single -stream recycling andl want to know what that cost would be. Mr. Martinez: Okay. City of Miami Page 157 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 NA.1 11-00592 Commissioner Sarnoff. And this is historical, so you know. I think those numbers exist in your old files. Mr. Martinez: Okay. Chair Gort: Okay, thank you. Mayor Regalado: Four hundred and fifty, I think. Commissioner Sarnoff. I think you're right. Mayor Regalado: Every year you do it. Commissioner Sarnoff. Every year, I do. I just want to be consistent. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM MAYOR REGALADO RECOGNIZED MR. JOSE ABREU, P.E., DIRECTOR OF THE MIAMI-DADE AVIATION DEPARTMENT, IN THE COMMISSION CHAMBERS FOR THE SWEARING IN OF THE CITY OF MIAMI'S NEW CITY MANAGER, JOHNNY MARTINEZ, P.E. DISCUSSED Chair Gort: Mr. Mayor, you're recognized. Mayor Tomas Regalado: Thank you very much, Mr. Chairman. Vice Chairman, Commissioners, good morning. First, I'd like to recognize a person that is visiting City Hall today, which is somebody that we all are proud of him throughout Miami -Dade County, Airport Director Jose Abreu is here. Applause. Mayor Regalado: He runs the engine that moves everything and we're very happy to have him here. NA.2 RESOLUTION City of Miami Page 158 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 11-00571 Office of the Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING MAYOR TOMAS P. REGALADO'S APPOINTMENT OF JOHNNY MARTINEZ, P.E., AS CITY MANAGER OF THE CITY OF MIAMI, FLORIDA. Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Noes: 1 - Commissioner(s) Carollo R-11-0259 Mayor Tomas Regalado: Mr. Chairman, Vice Chairman, Commissioners, last Tuesday we had a press conference right here. Most of you were in attendance. And at that press conference I announce my appointment ofJohnny Martinez as City Manager of the City ofMiami. what I said in the press conference is that the day before, I have accepted the resignation of Tony Crapp as City Manager, and that we wanted to move quickly in order to send a message to the residents, employees, and the financial world that Miami has a functional government, that Miami has a complete government; that we are ready to take on the challenges of the budget season, of the contract negotiations, and of course, the mega projects that we have on the pipeline. It's important that you consider and act on this resolution because the new Manager has already start working on many, many issues, especially the budget, and looking into, as you know, the contract situation. So it is my pleasure to present to you a resolution of the Miami City Commission approving Mayor Tomas Regalado's appointment of Johnny Martinez, PE, as City Manager of the City ofMiami, Florida; whereas, pursuant to Section 4(g)6 of the Charter of the City ofMiami, Florida, as amended, the Mayor is required to appoint the City Manager, subject to the approval, within 14 days, of a majority of the City Commissioners then in office; and whereas, on June 21, 2011, Mayor Tomas Regalado appointed Johnny Martinez, PE, to assume the duties of the Office of the City Manager of the City ofMiami, Florida; and whereas, the City Commission wishes to approve Mayor Regalado's appointment of Johnny Martinez, PE, as City Manager of the City ofMiami, Florida; and whereas, the compensation package for Johnny Martinez, PE, shall be approved by separate resolution on the July 14 agenda after visiting with you. Now, therefore, be it resolved by the Commission of the City ofMiami that Section 1, the recitals and findings contained in the preamble of this resolution are adopted by reference and incorporated as I fully set forth in this section. Section 2, Mayor Tomas Regalado's appointment ofJohnny Martinez, PE, as City Manager of the City ofMiami, Florida, is approved. Section 3, this resolution shall become effective immediately upon its adoption and signature of the Mayor. So it is my pleasure to present to you this resolution, Mr. Chairman, Vice Chairman, and Commissioners. Commissioner Dunn: Mr. Chairman. Chair Gort: Thank you, Mr. Mayor. Is there a motion? Commissioner Dunn: So move. Chair Gort: It's been moved by Commissioner Dunn, second by Commissioner Suarez. Discussion. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Thank you. I want to begin by saying that I truly feel that it appears that Mr. Martinez is an extremely nice guy. At the same time, I have made it no secret that I am extremely concerned about the financial state of this City. It is extremely troubling to me that City ofMiami Page 159 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 this Commission practically had to put its foot down and demand financial information. At the same time, I had to put in the upcoming agenda an item to discuss this year's -- or next year's budget, which begins October of this year. And by the way, as an FYI (For Your Information), it's probably something that I'm going to continue placing in discussion items issues with the budget, issues with how the negotiations are going, and so forth, because the truth of the matter is we cannot, you know, continue without receiving financial information. Let me start by asking Mr. Martinez a question, which I think is relatively easy. But as recent as even this weekend, I know there were some people that were denying that we were in a -- we had a financial deficit, and there was even, you know, discussions with regards to being able to obtain 30 to $40 million from attrition. I'm not going to do like the police chief did and start showing the footage and so forth, but it's there, so I'm concerned. So my first question, Mr. Martinez, do you believe that we are going to face a deficit for the upcoming year? Johnny Martinez (Acting City Manager): As of now we do have a deficit that adds up to about $53 million. Our approach to this deficit is not an issue that the revenues are not enough. It's an issue that we spend too much. The revenues are going to be the revenues. So we're looking at ways to reduce that $53 million, which is a worst -case scenario in our budget, and workfrom that point backwards to balance the budget. And there's reasons why -- although this year we're ending up, you know, neutral or maybe in -- a little bit in the positive, that we're over for the next fiscal year, and we're going to workfrom that point backwards. Vice Chair Carollo: So as a simple yes or no, you do believe that --? Mr. Martinez: Absolutely. Vice Chair Carollo: Absolutely, correct? When you're saying you want to work backwards -- you know, I'm really concerned about this. And by the way, it's not like you're coming from the private sector and now you need to study the City and so forth. I think it's fair to say you've been the deputy City Manager for I don't know how many months now, correct? Mr. Martinez: Correct. Vice Chair Carollo: And like the Mayor well said that, you know, you're already looking at the numbers. Mr. Martinez: Yes, we are. Vice Chair Carollo: Can you give me your suggestions or a little insight of your plan, how we're going to face this nearly $55 million deficit? Do you believe in increasing of the millage? Do you increase of garbage fees? Are you looking at some new revenues? And if so, what that is? Do you believe in layoffs? Do you believe in, you know, salary cuts for the third year in a row? Because when I mentioned in the last Commission meeting that there is a lot of legit concerns, I meant it. You know, from the rank in file, from everybody. So I really -- I want to know what is your plan. Mr. Martinez: Well, like I just said a second ago, I believe that it's not an issue of the revenues. I think we need to approach the problem as the revenues are fixed and we need to cut down on our spending. Having said that, you asked about the millage. The Administration is going to propose a flat millage rate consistent with this philosophy and work backwards. We're looking at being very judicious with our vacancies. We have a lot of -- like $10 million of vacancies that are funded that we need to look at. I don't believe in a 10 percent cut across the board. I think it needs to be surgical and in the proper places. Some departments may need more personnel. For instance, we have the Swire Development that's going to invest a billion dollars in the City. We have Jetly (phonetic) people that just bought $336 million that -- and we need to ramp up and be ready to help those developments come to fruition as quickly as possible because we start City of Miami Page 160 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 collecting of our permits and taxes and all those things that will help us hopefully in a small part for next year's budget, but for -- budgets to follow. So I think we need to be very careful on where we do our cuts. Attrition, another area where we're going to be looking at very closely. And just try to balance the 53 million. We're looking at some funds or some revenues that could be generated by monetizing the marinas. I've given that a very high priority; to meet with the people that are seeing that through and see if it's a good business deal for the City, to monetize the marinas. Use those funds to offset some of the deficits in the budget. Vice Chair Carollo: But that will be a one-time fix. That will not be recurring revenues, correct? Mr. Martinez: I -- that is correct. Vice Chair Carollo: So even if we have a one-time fix, we could continue to be in profits in the future? Mr. Martinez: We could. Andl want to look at this year's budget and also the three years out. Vice Chair Carollo: As far as you're saying revenues are fine. You're going to tackle the expenses, correct? Mr. Martinez: I'm not saying revenues are fine. I said we're approaching this as the revenues are fixed Vice Chair Carollo: The revenues are fixed. And we're going to tackle the expenses? Mr. Martinez: The expenses. I want to approach it as we spend too much, not that we don't bring in too much. Vice Chair Carollo: Okay. With that in mind, how do you expect to lower expenses by 55 million? Attrition, even -- and I'll take your number. You said ten million. I'll give you that. We still have 45 million. Where are we going to cut from? Mr. Martinez: Well, a couple of things that we have that's part of the 55 million is we've included no revenues for things that we know are going to generate revenues, like the red-light cameras. We zeroed that out. That's another eight million right there. Vice Chair Carollo: Yeah. And why did we zero out? Mr. Martinez: Because right now we're having a tough time forecasting what it's going to generate, but we know it's not going to be zero. Vice Chair Carollo: And by the way, it's -- for this coming year, it's not eight million; it's ten million. We had projected that this year will bring us ten million. The reason why it's eight million for the current year is because we didn't start right on the beginning of -- on October 1 and beginning of the fiscal year. Mr. Martinez: You're absolutely correct. Vice Chair Carollo: It's actually 10 million. Now that's fine and dandy, but I still don't see where we're going to cut the 45 million -- and I'm giving you the attrition, 10 million -- where are we going to cut 45 million from our budget. Now -- andl know -- I understand what you're saying about future projects and so forth, but that's not going to help us this current year. This current year, that's -- I'm saying current year, but realistically, it's the next current -- next fiscal year that starts October 1 of this year. So I understand these projects are coming, but that's not City of Miami Page 161 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 going to help us in this next budget. So where are we going to cut $45 million? Mr. Martinez: Well, part of that answer I can't give you right now. This is going to be an ongoing process. I'm going to be engaged with certainly yourself with your background in -- as a CPA, and we're going to get the team together and figure out the areas where we can reduce the expenses to have a balanced budget. And then, at the end of the day, what's left, we have an equation with some parts that are not moving anymore and other moving parts. And we need to see how we can play with those moving parts to get a balanced budget. I can't give you the answers today, but I assure you, we're going to be immersed as a team and come up with a proposal that -- to this Commission. Vice Chair Carollo: And Mr. Martinez, right now I'm trying to make the point 'cause I want to make sure that everybody hears me loud and clear that I am extremely concerned about this financial situation the City is facing. Like I said, I mean, realistically, my jaw dropped as recent as this weekend and late last week when there were still some that didn't think that we were in a budget deficit, and my jaw dropped. So I am extremely concerned about that. You know, as I analyze and later watch the recording of the press conference, I saw a lot of mention of your time in FDOT (Florida Department of Transportation) and realistically, I haven't researched it. I don't know. I would, you know, take it as face value that you had a very good career there, a very impressive career and so forth, as well as your time with the County. But at the same time, as I start analyzing, you know, it brings to mind our former City Manager Migoya. When he applied for the JMH (Jackson Memorial Hospital) job, he -- yeah, it was mentioned that he had 30 years background in banking, but realistically, everyone focused on the job that he did for the City ofMiami, which, in essence, I think is correct. You know, they reviewed, they analyzed what he did, how he handled things, and so forth, and it made me think, you know, when it came to you andl saw in the press conference and so forth, pretty much everyone mentioned your time in FDOT, even the County, but there was really not too much mention of your time here in the City. You know, I've had an opportunity to work with you for the past -- I don't know how long it's been, maybe a year or and so forth, and do believe that people should be held accountable. Andl have to admit, I think your judgment, especially financially, has not been good, and I'll give you an example. The first one that comes to mind is the red-light cameras. When we had discussions regarding red-light cameras -- and we had a lot of them -- every time that I would get specifics to the numbers, how many tickets you have to give and so forth, everyone pointed to you. Speak to Johnny; he's the one who's working out the numbers and so forth. "I remember even asking you, Johnny, that means that for every intersection, you have to give X'humbers of tickets in order to generate that revenue. "And you actually answered, Commissioner, we're being conservative. It's actually going to be more. "And realistically, the estimates were extremely flawed, you know, to the point that this current year, you know, it's cost us $8 million and next year -- next fiscal year, you know, it's part of our $55 million deficit. So again, with my concern of you know, the financial state that we're in, you know, this is worrisome. I'm troubled by it. You know, to give another example. On two separate occasions, you strongly and aggressively encouraged that we settle with a billboard company, which everyone up here -- I mean, there was no argument against that we were being blackmailed. The first time -- the first settlement, you know, once I started getting briefed on it, the settlement really lied upon a billboard in the entrance of a neighborhood, the Roads, which is in my district. And my question was why hasn't anyone consulted with the area Commissioner. And again, I was told, Johnny said that you were okay with it. "Not to mention, we know history then, you know, it wasn't approved. We did a different settlement. And the court system ultimately showed us -- showed the City being victorious. But then again, you know, there was a second settlement, which you strongly aggressively backed and asked us to settle in an emergency ordinance. And the reason for the emergency ordinance was the Florida Legislature. But even with that, I put principle aside and we studied the merits of the settlement, like you asked. It didn't take long to be able to see that it was a bad settlement. It was a bad deal. And ultimately, we know what occurred. You know, we called the bluff and so forth, and the City came out very well. Even as recent as a few weeks ago when all of a sudden there is rumors or statements that Mr. Crapp will be leaving, you became City ofMiami Page 162 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 interim. And within a day or two of you becoming interim, you sent out an e-mail (electronic) -- or your office sent out an e-mail that it was supposedly to help me; yet, I was never cc'd (carbon copied) or -- actually said, listen, we sent an e-mail, and it was stating that any information that I asked for -- that) request has to go through your office, and that was very troubling to me, especially that when Mr. Crapp came before us for the ratification, that was one of my main concerns, you know, and it was addressed. I actually requested a legal opinion. So in light of the City's financial situation, I'm extremely concerned with the judgment that you have showed, especially financially. Furthermore, I can tell you, I've had a very good relationship with the previous three City Managers, especially when it came to anything with the Marlins Stadium. As a matter of fact, whenever there was a principals meeting, we would go together. And prior to that, you know, we would discuss, we would get our thoughts together, and we would go in there together representing the City. Andl see such a disconnect between you and), which is worrisome. Another -- I don't want to say less troublesome, but you know, another issue that I'm concerned about is if you saw our last Commission meeting, I've had an issue with CIP (Capital Improvements Program) projects in my district and the lack of projects in my district, you know. I'm hoping this Administration won't be about friendships and so forth, even though it's great to all, you know, be able to work with one another. You know, I consider all my colleagues friends. I consider the Mayor a friend. You know, I consider everyone that) work with a friend. But I'm a little concerned because I need to make sure that these projects are done correctly, on time, within budget, that they're cost-effective. And you know, now you have an opening for an assistant City Manager. You know, I don't know if the CIP director -- that's -- that will be my guess, that the CIP director will be -- you know, you'll be appointing her there, which will then leave another void in the CIP director. So you know, these are things that are concerning to me and, you know, I want to bring it, you know, forward because the truth of the matter is, you're going to sit in a very, very important position. Now I understand, ifI was your typical politician, the easy thing would be is to say, listen, I have some concerns and so forth. And you know, just say, Mr. Martinez, I have some concerns, and just move forward and then just vote and ratify your vote, you know, and just put it for the record. But I really do feel that I need to make a point, especially how concerned) am of the financial state of the City. I can assure you -- because I expect that you will be ratified, you will be the City Manager -- that) will work with you, I will help in any capacity that I can, I will support you. However, right now you have not gained my vote. Andl hope that in the near future, we can work together and really focus on the City and gain my confidence 'cause right now I am very, very concerned about the financial state of this City and the way it's being moved forward. Thank you. Commissioner Dunn: Mr. Chairman. Chair Gort: Thank you. Yes, sir. Commissioner Dunn: I know there's a motion on the floor and) won't -- certainly, I want to say to my colleague, Vice Chairman Carollo, I can appreciate your upfrontness [sic]. I really can, and that's from the heart; that's from the heart. There were some things that you mentioned in terms of having a working relationship with a director. That's what I've been screaming about with my relationship with the police chief that many of you did not understand. So now you understand how it can feel when you feel alienated in terms of trying to get somebody who is supposed to be working in your district, who disregards you, in some ways who disrespects you, and then doesn't. But I think the issue right now -- and I -- as I did with my colleagues, is that there's a -- there is a motion on the floor and second, and I'm ready if the Chair -- if no one else has, I'm ready to call the question. I think, because of the sense of urgency that we're facing, we need to move and we need to move expeditiously. It is a blessing, I believe, to have someone who is in place who can move. And at least, there -- those questions that you raised, I will give you the respect. You've been on point with a lot of things. They are legitimate as they are to you. And in many ways, they are legitimate. But I think right now we have a functional obligation to try to keep this City functioning. And then, as we hopefully make a decision to ratify the Manager in Mr. Martinez, then we can address those issues that you brought to the surface, City of Miami Page 163 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 which are valid issues. And as you can see, we're grappling now with some things that you brought up previously, so I want to give you that. But I also want to speak to the fact -- I hope my colleagues understand what I've been screaming about since January. And it's nothing personal, but when you feel like you cannot get the respect of a director and they disregard you, your advice when you earnestly, really honestly want to work with them for the betterment of the entire City, it's a terrible feeling. Andl want to convey that to all of our directors and department heads. Let's work together. That's all I've been trying to say since January. Let's work together. Chair Gort: Thank you. Commissioner Suarez: Mr. Chairman. Well -- Chair Gort: Yes. Commissioner Suarez. Commissioner Sarnoff.. I yield Commissioner Suarez: Age before beauty. Commissioner Sarnoff.. I yield Chair Gort: Come on, guys. Two lawyers yielding to each other, you don't see that every day. Commissioner Sarnoff.. See, he's not a litigator, so -- Chair Gort: Commissioner Sarnoff, go ahead. Commissioner Sarnoff.. You know what; I can tell you this, Mr. Martinez. I've known you maybe longer than anybody up here, and instinctively, my instinct is absolutely to ratify you. Candidly, I had written down some notes and had intended on really asking for a national search, and that's nice thing to say and it's a great idea andl think it's something that, in some respects, is necessary to somewhat satisfy the bond community. But I do actually believe in your appointment. I actually believe in you as the person. Having worked with you, having worked with your predecessor, Jose Abreu; knowing the birthing process of the District 6 secretary for Florida Department of Transportation, knowing your predecessors who's come before you, I do know that it's an excellent background both in terms of budget and in terms of building things, and I think this City still needs to be built. But I think the Vice Chair brought up really some -- I want to build on what he said with regard to the budget deficit 'cause candidly, it can't be seen to be your strength. Candidly, your background is not as a CPA. Your background is seen as a budget procurement man who probably, for most of your career, you have seen ample money. Probably the budget deficits that we face today are unusual to governments because it's not where we find ourselves most times. So building on what the Vice Chair had to say, ifI were to ask you to prioritize City services and ask you what is the biggest priority of City service, what is your first priority? Mr. Martinez: Safety, fire, and police. Commissioner Sarnoff.. And ifI were to ask you to prioritize those, what would it be? Mr. Martinez: Police. Commissioner Sarnoff.. Okay. Andlfl were to ask you for the three services that you think are the biggest priority for the City ofMiami, what would they be? Mr. Martinez: Solid waste. City ofMiami Page 164 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Commissioner Sarnoff. So you'd put police, fire, solid waste? Mr. Martinez: Picking up trash. Commissioner Sarnoff. Okay. Now in order to balance the budget, there seems to be three avenues. And if -- correct me if I'm wrong, I'm going to ask you if you agree with the three avenues, and then I'm going to ask you what your take is on all three avenues. One would be salary reductions, which this City has gone through two consecutive years. The second would be layoffs, which I don't believe we've ever had to go through. And the third would be furloughs. As part of your scheme, as part of your strategy, as part of what you will do in the next 60 days, how will these three items play in your budget? Mr. Martinez: Well, I believe that all items should be on the table until we get to the, you know, bottom line. Furloughs seem to be something that should be considered; then, in that order, salary cuts and, as a last resort, layoffs. Obviously trying to avoid all three because I think the employees of the City have already taken a, you know, hit. Commissioner Sarnoff. All right. But you would concede, would you not -- and I don't remember if the number was 85 or 84 percent -- but 85 percent of our budget is compensation. Mr. Martinez: Compensation. Commissioner Sarnoff. All right. You could stop pumping the gas. You could buy no pencils. You could -- it wouldn't get you to your deficit? Mr. Martinez: No. Commissioner Sarnoff. Agreed? Mr. Martinez: Agreed. Commissioner Sarnoff. All right. So one of the three strategies is going to be employee? Mr. Martinez: One or more. Commissioner Sarnoff. Or more. Are there any other strategies that I'm not aware of in terms of reductions? Mr. Martinez: No. Freezing vacancies, you know, taking longer to fill them. Commissioner Sarnoff. Okay. The end of the day, do you think you can form a strategy that there will be no loss of essential services to the City ofMiami? Mr. Martinez: I think the -- that's a top priority to not reduce or eliminate essential services. Whatever proposals that the Administration comes up with would be before the Commission for input and discussion and final determination. But the logic is not -- we should not reduce essential services. Commissioner Sarnoff. Okay. And then -- I want to broach red-light cameras and in a way, I don't want to broach it because I'm not sure all the representations made to us and thus to you were all that authen -- I don't want to use the word authentic, but I do want to use the word authentic. I'm not sure that what was told to us by the vendors, by the contractors, by the proposers, by the peo -- by the marketing -- you know, the first thing, as litigators do, Commissioner Suarez, we usually take the marketing department. And why do you take the City ofMiami Page 165 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 marketing department? Well, those are the guys that came to you that sold you good that you're in breach of contract for and those are the guys that were telling you what it could do for you. So what we ordinarily do is we take the marketing department right away because there's the ones that say yeah, this product will, you know, do everything we say it will do and more. And then as the breach occurs, obviously they didn't make what they said they would do -- in this case, the projections -- and you're left, in some respects -- the person misappropriating in terms of what the projection would be, and there wasn't a good historical basis for it. So I -- some respects, I want to somehow soften the position of the red-light cameras. I didn't vote for it because I thought it with going to be a great revenue source to City ofMiami. I voted for it simply because I thought it would save lives, save property, and make people better drivers. And I think, to some degree, that has happened. Now in terms of budgeting that process, we equally knew that we had put a contingency in there so that when the red-light cameras did not come in with the revenues as they were projected, that we would have that offset built into our budget. And ifyou recall, I -- what said to you was, I don't think you're realizing when you correct a person's practice that the numbers would go down. Andl'm not saying any of that has or hasn't occurred; although I do know we have a 29 percent reduction in accidents at red-light cameras, so I know that's a good thing. I -- let me just say this to you. Any good person, any good administrator, any good manager understands his weaknesses and fills those weaknesses with a person of strength. I would probably suggest to you, the Vice Chair's strength is probably the numbers. And if he were City Manager, he would probably -- and I'm not speakingfrom -- gravitate towards legal because his background is not legal. Myself, I would probably be gravitating towards an accounting person because my strength is not the numbers; my strength is probably what can be done with the money and how it's appropriated. Andl'm curious how you -- what do you consider your strength and what do you consider your weakness? Mr. Martinez: I think -- we'll start on the strength. I think my strength is to have a logical approach. I think my general way of doing business to engage a lot of other people to help give ideas and compensate for my weaknesses. It's a strength of mine where I -- it's not just me alone. I have a lot of people doing the thinking with me. I think have the ability to put a lot of thoughts together and pick a path and a direction whether it's the billboards or not. Andl do believe in the recommendation that I did make for the billboards and the process played out. The Administration presented this. It went -- it was vetted through the Commission, and we believe it was the right decision at the time not because of the blackmail or the pending legislation; because we thought it was a good business decision. I didn't do that in a vacuum. I did it with the attorney's office. I did it with the Building office. It was a lot of people together. Andl represented the Administration. If it wants to be viewed and characterized as a bad deal, so be it, but we followed the process. And at the end of the process, yielded something that the Commission could live with and supposedly a better deal. But I think my strength is putting lot of people together in the room with -- that are credible and intelligent and picking a path and joining everybody. Commissioner Sarnoff. Now I'm going to ask you to reveal your weakness. Mr. Martinez: I think, as the Vice Chair said, this budget is -- although I did face budgets with the Florida Department of Transportation, I didn't have to deal with unions and things like that. It was more the -- there's less gas tax or whatever, and we cut some projects, and we cut some personnel, and that type of thing. It's a little bit more complicated at the City. but, you know, I was watching Manager Migoya as he was going through it, and picked up some things andl'm going to be immersed in -- andl'm going to accept the Vice Chair's offer to help -- be engaged with me because that is a strength of his. And hopefully together we can come up with a budget that doesn't diminish services and doesn't hurt the employees. Commissioner Sarnoff. How will you compensate for your weakness? Mr. Martinez: By including people that those are their strengths. City ofMiami Page 166 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 Vice Chair Carollo: Who? Mr. Martinez: You know, getting a CFO (Chief Financial Officer) with maybe a CPA after the name to help me in that area. Commissioner Sarnoff.. Okay. Thank you, Mr. Chair. Chair Gort: Yes. Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. [Later..] Commissioner Suarez: I want to first start by saying -- kind of rehashing a little bit of what we discussed the last time that we ratified a City Manager, the last time we had -- made the decision to ratin, a City Manager. I recall saying then, and I'll repeat now, that I'm not a big fan of this particular system of government. It's not the system of government that's in effect in the major municipalities in this region. It's not in Dade County. In Dade County there's a strong form of Mayor. In Hialeah as well, which is another main city in Dade County. They also have that system of government. It's a system of government that unfortunately has promoted a lot of turnover in its history at that position. It's a very, very difficult position because the Mayor cannot usurp your authority nor can we, and direct your subordinates or directors to do anything. You know, and at the same time, the Mayor lives with the political consequences of the decisions that you make. So it's a very, very difficult position. I think the Mayor has seen that. I think the former Mayor has seen that. And I think my father, who was also the former Mayor, has also seen that. It's -- you know, one of the good things about the County system is the Mayor's -- the buck stops with the Mayor. They didn't like what the Mayor was doing, they recalled the Mayor. And now -- you know, on Tuesday we're going to be choosing a replacement for that person. You know, it's a very -- it's a system where the responsibilities are very, very delineated, and the voters know who's responsible for what, and they can hold their elected officials accountable. So, you know, having said that, which is a little bit off topic, but it's my personal feeling about the way our government is being run right now. I do feel -- I did feel when the last choice was made, and l feel the same way now, that within our current system of government, this is -- the Charter dictates that this is the Mayor's choice. And as the Vice Chairman reminded me last time, it's not something that we necessarily can abdicate our responsibility to do our own due diligence, andl agree with that. And certainly, that's not what we're doing here today. However, you know, it is the Mayor's choice. And it's not for me or for this body, I don't believe, to substitute its decision making with that of the Mayor's. It's for us to essentially do our due diligence. You know, I believe the Charter says that the person chosen has to have administrative and executive experience, which I think this particular choice does have extensively. And whether that's the choice that I would have made or that any other member of this body would have made, it's really not for me to say and it's really not for me to superimpose my judgment on that -- on the Mayor's. Having said that and going to my kind of final point because I think there's been a variety and a varying degree of sentiment expressed about the personal relationship that they've had with you as an assistant City Manager. I was at the press conference that the Mayor gave. By the way, I just want to take a step back in terms of substituting the decision for the Mayor. I was not asked in terms what my opinion was about the choice. I was told this is what the choice was going to be, and you could either ratift, it or you cannot ratify it. So, you now, it's not that, you know, I was part of the selection process. And I'm not so sure that that's what the Charter envisions, that the City can -- maybe it is a good idea, maybe it's not a good idea to consult with the Commissioners before making a choice. Obviously, we're under tremendous time constraints regarding our budget. Andl share the Vice Chairman's concerns, and I've expressed them not only when he's brought them up, but in other occasions. So I think a choice had to be made immediately. When you put it in that perspective, City of Miami Page 167 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 I'm not sure that there could have been a better choice, to be completely honest with you. But my personal relationship with the choice for City Manager is, I'm sorry to say, somewhat different from the Vice Chairman's. I've had a great working relationship with him. When I've called on him, he's been available. Any time that I've asked him questions, he's answered them. Have I agreed with every single decision that's been made? No. I don't think he's agreed with every single one that I've made and every single statement that I've made. And that goes for the prior City Manager or the one before that. There were times when I vehemently disagreed with Manager Migoya on policy issues, and you know, we went our separate ways on it. I voted my conscience and he understood that. And we came back to the table as friends, as colleagues. We discussed whatever the next item was as if the past had not happened with afresh perspective. We debated them again. I would say, most of the time we agreed and moved forward. Andl think, as the Vice Chairman and everyone else here has said, he's been very, very successful in his next endeavor, andl think that's something that we should all be proud of because we were a part of that to a certain extent. But my -- like I said, my relationship with this particular individual has fantastic. With the people that he's chosen, I've had a great working relationship with. I guess I'm fortunate in that sense. I hope that it continues. I will do everything in my power to continue to foster that relationship to the extent that I can. You know, in terms of you coming up with a fiscal strategy on the spot as to how we're going to balance our budget, I mean, I think that's a little bit of a tall order. I think that's something that we're going to have to do by committee. It's not something that's going to be done by your decision or by the Mayor's or by mine individual or any one of us individually. This is a decision that we all arrive at collectively. I am concerned and will be talking later during the Vice Chairman's -- during his discussion item about where we were last December and what has been spoken about since last December and today and where we are today and how we got there. It is a major concern. And I'm not sure that today is a good day to be playing the blame game, but it's something that has to be and that will be discussed later on today as we thoroughly talk about how we 're -- where we are and how we're going to move forward. I think today's about moving forward. I wish you the best of luck. I see your wife here in the crowd. Andl told her beforehand that I will be praying for you. Andl thinkl asked everyone else here in the crowd to do the same because, unfortunately, this is a very difficult job that you have, and it's a job that, historical, has had a tremendous amount of turnover, and it has not had a long life span. So you are -- you're in a difficult position. I admire you for taking the challenge. Other people could have said you know what; I'd rather stay where I am, kind of below the radar, or do something else. For some reason, this particular entity, which is the City ofMiami, has an innate ability to create drama and, you know, to be in the focus of the media attention and scrutiny, much more so than governments that are ten, fifteen times the size of this government, which I find fascinating. It makes my job exciting and nerve -wrecking at the same time. But in any event, I wish you, you know, tremendous luck, and your prayers are with me, andl hope you are successful. Mr. Martinez: Thank you. Chair Gort: Thank you. It's my turn now. If you recall, when we were meeting last year and we were talking about the impact that we were going to have last year on the deficit, we had -- at least knew andl think we all knew that we were going to have a deficit this year also. The problem that we've had andl had in my office -- andl ask the question constantly -- we didn't know what the numbers were. The one thing that we did in being very conservative, we asked all our staff in all your projections be very conservative. The reason being, we had $35 million in last year's budget that was supposed to be delivered by certain performance, by certain departments. Unfortunate, out of that $35 million, I think we got one or two. So we asked our people be very conservative in your projections. Now this is going to be teamwork. All of us have to work together. I think going to the national search -- every time I have someone that wants to come to Miami and implement a program, they talk to me about other cities, how they worked it in other cities. I keep telling them Miami is different. Just because it worked in other city, Miami's a different ball game. And that's one of the reason we're -- our office sends a lot of e-mails (electronic) every day. We're constantly questioning all the departments, all the actions. City ofMiami Page 168 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 We question all the programs that we have. We question all the contracts being performed. Are we paying -- are we getting for what we paying for. And that's why I asked for the executive meeting this Tuesday because I wanted to get some of the facts in front of all of us. We're all going to have to continue to work as a team. And Mr. Martinez, my daddy told me always have people smarter than you with you. Your team is what makes the difference. There's no one person that has the strength on every issue that we have, let's face it. Public service is different. Public budgets are different. You need a lot of expertise. You got to make sure the people you have with you, they're people that have the knowledge in where you put them at and they can perform. And whatl can tell you, if you recall -- and I'm still working on it -- about two months ago, I talked about each one of us, which is something you've been doing it, Commissioner Carollo -- I mean, Vice Chairman -- looking at every department and going through the departments. We're still going through it. I think there's certain recommendation that we can make and we should make. I mean, last year in the budget we made certain recommendations; I think it saved the City about $5 million. I think we have to come up with recommendation. And Mr. Martinez, you have to remember, you were appointed by the Mayor, but you work for all of us. You have to have a relationship with all of us. And whenever you send a message to every one of us, you send copy to everyone. And that's -- people can't forget that, especial [sic] manage [sic] cannot forget that. You work for the Commission. Andl think we in the past have worked with each other, we have solved the problems. I think we need to work with the unions, listen to the ideas. And I've asked -- put a box -- the recommendation for departments. You be surprised how many people came -- send recommendation, how they think within the department, they can lower their budget. So let's face it, it's not the easiest time in the world, but bringing somebody from the outside who do not have knowledge of the City ofMiami, it will be very difficult. Thank you. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: To conclude before we take a vote. First of all, I'd like to once again pledge my full support and help once you become our City Manager. You can count on me. And I'm hoping that this disconnect that we have will disappear and we could really work together and move this City forward. You know, Commissioner, it's actually -- it is true. I remember a lot of the things that we've discussed here, we discussed it the last time, a lot of your points. And in all fairness, the one thing that do want to point out, I don't think have ever played the blame game here nor do I look forward to playing the blame game. But at the same time, we're talking about accountability. We're talking about something that I am extremely concerned about so much so that you saw in the last Commission meeting how -- what a strong standl took and -- you know, and more thoughts come to mind, you know, when we're talking about working together and so forth and building teams around you, you know. Back to the signs, the billboards, you know. I asked you pointblank, did you consult with a CPA, with a valuation analyst and so forth with regards to instead of one sign, how did you come up with nine? And you know -- so I'm just going to leave it at that. You know, I'm not going to get into more specifics. All I'm saying is that, you know, again, I want to make a point. I'm extremely concerned about the financial state of this City. I think we all need to come together. And you can count on my full support once you become Manager. Commissioner Suarez: Mr. Chairman -- Mr. Martinez: Thank you. Commissioner Suarez: -- ifI may? Chair Gort: Thank you. Yes, sir. City ofMiami Page 169 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 NA.3 11-00593 Commissioner Suarez: Thank you. I just want -- just a little sub point that l forget on my initial rant about the system of government that we have. I forgot to mention that in our -- in the last countywide election voters overwhelmingly rejected, I think it was by like 60 to 40, going back to this kind of a system in Dade County. So they not only ratified at the County level constitutionally the different system that exists there, but they also rejected emphatically going back to this kind of a system. So you know, take it for what it's worth. It's just my opinion. Thank you. Chair Gort: Okay. Thank you. Is there any further discussion? Being none -- before I take the vote, let the wife -- let you know you're not going to be seeing him for a while -- all in favor, state it by saying iiye. " Commissioner Dunn: Aye. Commissioner Suarez: Aye. Chair Gort: Aye. Commissioner Sarnoff. Aye. Vice Chair Carollo: No. Commissioner Dunn: It's a resolution. Chair Gort: 4-1, no. Mayor Regalado: Thank you. Applause. Mayor Regalado: Commissioners, I want to thankyou andl want to, once again, tell you thatl am committed to work with all of you, that -- I know that I work full time as your Mayor. I was elected citywide. I want to understand every one of the issues in every district. I want to also work with you on citywide issues. We have many citywide projects and will work. I won't take vacations. I'm here, always available. I want to thankyou. Andl know that you want to proceed with the swearing in of -- Chair Gort: Yes. Mayor Regalado: -- the Manager. Chair Gort: Thank you. Mr. Manager, you have to be sworn in. At this time, Johnny Martinez was sworn in as City Manager of the City ofMiami by Priscilla A. Thompson, City Clerk. Applause. DISCUSSION ITEM COMMISSIONER SUAREZ RECOGNIZED THE HONORABLE JOE CAROLLO, FORMER MAYOR OF THE CITY OF MIAMI, IN COMMISSION CHAMBERS. City ofMiami Page 170 Printed on 7/25/2011 City Commission Meeting Minutes June 23, 2011 NA.4 11-00594 ADJOURNMENT DISCUSSED Commissioner Suarez: First and foremost, I'd like to recognize former Mayor, Joe Carollo, who's in the audience here with us today, since we were recognizing our dignitaries. RESOLUTION VICE CHAIR CAROLLO PROVIDED A STATUS UPDATE ON THE EVALUATION OF THE AUDITOR GENERAL, VICTOR I. IGWE. DISCUSSED Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Quick pocket item. Chair Gort: Yes. Vice Chair Carollo: Real quick. Just with regards to the audit [sic] general, you know, I'm still looking through the information. I haven't had a chance to meet with him 'cause I'm still looking through the information so, again, it's a lengthy process and, you know, so many things have come up from the POS for the bonds and the issue with the budgets and so forth so that's where I stand. I still haven't had time to, you know, bring back anything. Chair Gort: Okay. Vice Chair Carollo: Okay? Chair Gort: We appreciate it whenever you do, you research -- Vice Chair Carollo: So -- Chair Gort: -- talk to attorneys and talk to everyone and -- Vice Chair Carollo: -- I'm just giving you an update. Chair Gort: Okay. The meeting adjourned at 7: 01 p.m. City of Miami Page 171 Printed on 7/25/2011