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HomeMy WebLinkAboutCC 2011-09-15 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Di • -sash. 1° r • IN O9P I9 1i: Meeting Minutes Thursday, September 15, 2011 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chairman Frank Carollo, Vice -Chairman Marc David Sarnoff, Commissioner District Two Francis Suarez, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Johnny Martinez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes September 15, 2011 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM -APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES 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 10/7/2011 City Commission Meeting Minutes September 15, 2011 9:00 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 11-00782 PRESENTATION Honoree Presenter Protocol Item David Hernandez Mayor Regalado Retirement Chairman Gort Certificate Rex Chemical Corp. Chairman Gort Salute Curley's House Comm. Spence -Jones Salute of Style 11-00782 Protocol Item.pdf PRESENTED 1. Mayor Regalado presented a certificate of appreciation to Madeline Valdes for her twenty years of service and dedication as a career professional in the City ofMiami; further applauding Ms. Valdes' outstanding skills and knowledge in her conscientious commitment to elevating the quality of life for residents in the City ofMiami. 2. Mayor Regalado presented a certificate of appreciation in absentia to David Hernandez, paying tribute to Mr. Hernandez's twenty seven years of excellent work performance and high level of professionalism culminating in his position as Chief of Operations of Public Works; further applauding his outstanding commitment to maintaining and improving the City's infrastructure by providing invaluable professional, technical and engineering services. Chair Gort: At this time we'll have a few presentation. My presentations can be -- take place on the 25th [sic]. At this time I'll recognize the Mayor. Presentations made. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Spence -Jones On the 15th day of September 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 9:31 a.m., recessed at 12: 39 p.m., reconvened at 4: 28 p.m., recessed at 5: 54 p.m., reconvened at 9:12 p.m., and adjourned at 9:15 p.m. Chair Gort: (INAUDIBLE) everyone. Welcome to the City ofMiami September 15 meeting of the City ofMiami Commission at this historic chambers. The members of the City Commission are Vice Chairman Frank Carollo, Commissioner Marc Sarnoff, Commissioner Michelle Spence -Jones, and Commissioner Suarez. At the same time, with us we have the City Manager, Joe [sic]Martinez; City Attorney, Julie Bru; and Ms. Priscilla Thompson, City Clerk. Thank you. At this time we're going to open the meeting with a prayer with Commissioner Suarez and the pledge of allegiance by Commissioner Carollo. Invocation and pledge of allegiance delivered. City ofMiami Page 3 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 MAYORAL VETOES NO MAYORAL VETOES Chair Gort: Madam Clerk, do we have any Mayor's vetoes? Priscilla A. Thompson (City Clerk): No, there are no mayoral vetoes, sir. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones ORDER OF THE DAY Chair Gort: Do we have any minutes to approve? Priscilla A. Thompson (City Clerk): Yes, sir. We have put before you for your approval the regular minutes for the July 14 meeting and then the Planning & Zoning meeting of July 28. Chair Gort: Okey-doke. Commissioner Sarnoff.. So move. Chair Gort: It's been moved. Commissioner Suarez: Second. Chair Gort: Is there a second? Commissioner Suarez: Second. Commissioner Spence -Jones: Second. Commissioner Suarez: Second. Chair Gort: Been moved by Commissioner Sarnoff, second by Commissioner Suarez. Any discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. END OF APPROVING MINUTES Chair Gort: Thank you. Madam Attorney, will you go over the procedures, please? Julie O. Bru (City Attorney): Good morning, Mr. Chair, members of the Commission, Madam City Clerk, Mr. Mayor, Mr. Manager, members of the public. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. The material for each item on the agenda is also available during business hours at the City Clerk's office or online at www.miamigov.com. Anyone who wishes to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. Please, no City of Miami Page 4 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 noise -making devices, including cell phones. Silence those now. Any person makes any kind of unruly remarks -- or anybody who makes any remarks or becomes unruly at the Commission chambers will be barred from further attending Commission meetings, so please behave. Any person with a disability requiring auxiliary aids and services for this meeting, please notify the City Clerk. And the lunch recess for this meeting will begin at the conclusion of deliberation of the agenda item being considered at noon, unless the Chairman indicates otherwise. There's also -- I believe there is one P&Z (Planning & Zoning) item today on the agenda, correct, Madam Deputy City Attorney? And that'll be heard after 10 in the morning. And we also have the budget hearing today, the first of our two budget hearings, and that will commence after 5 o'clock in the evening. Chair Gort: Okay. Thank you. [Later..] Chair Gort: Any items to be pulled? Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: Are we pulling from the regular items or the CA (Consent Agenda) -- or CA items? Chair Gort: I think we'll take them all. Let's begin. Anyone would like to pull any CA item? Commissioner Spence -Jones: CA -- just for clarify, CA.5. Just wanted to -- Chair Gort: CA.5. Commissioner Spence -Jones: And then CA.11, I just need clarity on those two items. Those are the only CA items I have. Chair Gort: Okey-doke. Priscilla A. Thompson (City Clerk): So they're being -- Chair Gort: CA.5, CA.11. Ms. Thompson: -- pulled for the regular agenda, correct? Commissioner Spence -Jones: Pulled for -- just for discussion. Chair Gort: You would like to discuss it? Commissioner Spence -Jones: Yeah. Chair Gort: Yes. Commissioner Spence -Jones: I need clarity on the two. Chair Gort: Okay. Any other consent agenda items? Yes, Mr. Manager. Johnny Martinez (City Manager): CA.2, we'd like to defer it to September 27. City of Miami Page 5 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Chair Gort: CA.2, okay. Defer -- Vice Chair Carollo: I'd like to pull -- it's going to be brief -- CA.4. Chair Gort: CA.4 to be listened to the -- to the regular agenda. Vice Chair Carollo: Yeah, yeah. It's just to be pulled out of the consent agenda -- Chair Gort: Right, okay. Vice Chair Carollo: -- so we could discuss it briefly and then vote on it. Chair Gort: No problem. Mr. Martinez: A correction. CA.2, I said deferred. It should be withdrawn. Commissioner Spence -Jones: Withdrawn. Chair Gort: Withdrawn. Okay. Regular agenda. Mr. Martinez: PA.1 withdraw; PH.2, continue; PH.3, continue -- Commissioner Sarnoff. PH (Public Hearing) what? Mr. Martinez: PH.3, sir. -- PH.5, continue; PH.8, continue; SR.1, continue; FR.2, continue; FR.3, 4, and 5, withdraw; FR.7, defer to September 27; FR.8, defer to September 27; RE.2, defer to September 27; RE.5, withdraw; RE.8, defer to September 27; RE.9, continue. Chair Gort: Mr. Manager, will you repeat the FRs (First Readings)? Mr. Martinez: F -- okay. FR.2, continue; FR.3, withdraw; FR.4, withdraw; FR.5, withdraw; FR.7, defer to September 27; FR.8, defer to September 27. Chair Gort: Okay. Any of the Commissioners? Not going to have an agenda. Commissioner Sarnoff. I was about to say maybe we should just put in what we'd like to hear. Commissioner Suarez: Do it the opposite way. Commissioner Spence -Jones: And, Mr. Chairman, I just want to also apologize. I know a lot of the items were items that pulled and really -- Chair Gort: It's understand -- Commissioner Spence -Jones: -- I just really wanted to make sure I had clarity on these issues before I vote on them. Chair Gort: It's understandable, Commissioner. Commissioner Spence -Jones: Okay. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. City of Miami Page 6 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Vice Chair Carollo: And just adding to that, I just don't want to, you know, let me colleagues know that a lot of these are going to be pushed or they're going to be deferred to the -- I'm sorry -- September 27 meeting. Keep in mind we got the budget meeting on that day, so most likely, I'm going to request a lot of deferrals and -- you know, so we could focus more on, you know, that specifically -- Commissioner Spence -Jones: I agree. Vice Chair Carollo: -- and deal with all the rest, you know, in the beginning of October. So you know, I -- Commissioner Sarnoff. Are we better suited just to move them now for October? Commissioner Spence -Jones: Yeah. Vice Chair Carollo: It really doesn't matter to me, 'cause on that day we could just move them, or it doesn't matter to me. I'm just, you know, out of courtesy, already letting you guys know, you know, as my colleagues that, you know, I -- Commissioner Sarnoff. But if that's the case, why --? 'Cause what happens, the Administration briefs us, then they, you know -- if there's no need to brief us if -- unless we're going to do it on October. Why don't we just put it to the date we're comfortable with? Chair Gort: I have not received the, that recall, draft agenda for the 27th so I don't know what it's like. Commissioner Spence -Jones: Mr. Chairman, I know that on my items, I asked really to not deal with this until after October 1. I really want to be -- Chair Gort: No problem. Commissioner Spence -Jones: -- focused on my items. I don't know the other ones that got pulled. Chair Gort: Let's make sure then. It be the wish of this Commission to defer all these items for the first meeting of October, all right? Is that correct? Vice Chair Carollo: I don't have a problem with it, deferring it to the first meeting of October. Chair Gort: Okay. Vice Chair Carollo: I'm just -- you know, I'm reaching out to my colleagues just to let everyone know I think, you know -- without said, we've had a long week that started last week, and it's not over yet. But what I'm saying with that is that I don't mind working long hours, but the time has just not been there to be briefed and to really go over a lot of this material, and not only this material; the material for the budget, which, you know, it's extremely important, as all of us know. So -- Chair Gort: Sure. Vice Chair Carollo: -- all I'm saying is let's have some, you know, leeway with exactly what we're going to hear in regular Commission meetings, in this meeting, and in the next one because I think the priority should be the budget. Chair Gort: I agree with you. We need two motions. We need one for the CA items, am I City of Miami Page 7 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 correct, Commissioner --? Commissioner Sarnoff. So moved for the CA. Commissioner Suarez: Second. Chair Gort: Been moved. Commissioner Suarez: This is for the passage of the CA items that were not pulled. Commissioner Sarnoff. No. I think it's -- Chair Gort: No, no. Commissioner Sarnoff. This is for the continuance. Commissioner Suarez: Oh, this is -- pulling the ones -- Chair Gort: For the continuance of the CA, which -- Commissioner Sarnoff. Well, actually, it's for the discuss -- pulled them for discussion. Chair Gort: Pulled for discussion. Ms. Thompson: Okay. Chair Gort: Yes. Ms. Thompson: All right. Commissioner Sarnoff. So I move -- Chair Gort: Okay. Commissioner Sarnoff. -- to pull them for discussion. Vice Chair Carollo: We don't need a motion for -- Commissioner Suarez: I don't think you need it. Ms. Thompson: No. Commissioner Suarez: If we're moving -- Commissioner Sarnoff. We don't need that. Ms. Thompson: Not necessary. Chair Gort: Okay. I need a motion now -- Commissioner Sarnoff. That was an unnecessary exercise. Chair Gort: Yeah. But we want to make sure she's in -- alert. Yes, ma'am. Commissioner Suarez: We're definitely tired. City of Miami Page 8 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Commissioner Sarnoff. Yeah. Ms. Thompson: Then, ifI might, because you know, I understand -- and we want to make sure the record is clear -- may I have the opportunity of running down that list for you all -- Vice Chair Carollo: Sure. Ms. Thompson: -- because there were date changes, and l just want to -- Vice Chair Carollo: Yes. Ms. Thompson: -- make sure we have the information correct before we move forward. Now we already know that CA.5 and CA.11 have been pulled to the regular agenda. CA.2 has been withdrawn. CA.4 has been pulled to the regular agenda. As we move forward, PA.1 has been withdrawn; PH.2, continued. And when we say continued, that is the October 13 meeting. Chair Gort: Correct. Ms. Thompson: Okay. PH.3, continued; PH.5, continued; PH.8, continued; SR.1, continued; FR.3, continued -- I'm sorry. Commissioner Suarez: FR.2. Ms. Thompson: FR.2, continued -- I'm tired, too -- FR.3, 4, and 5 are withdrawn; FR.7 is now continued to October 13; FR.8, continued to October 13; RE.2, continued to October 13. Commissioner Suarez: Is that one necessary to do earlier? Mr. Martinez: I would recommend that we -- Ms. Thompson: I'm sorry; I can't hear you, Manager. Mr. Martinez: The Administration would like to keep RE.2 for September 27 because it's a, you know, stadium -related item -- Commissioner Suarez: Time sensitive. Mr. Martinez: -- and we're on a time -- Commissioner Suarez: It's a time sensitive issue. Mr. Martinez: -- line and -- Ms. Thompson: Okay. Then FR.2 will be deferred to 9/27. Commissioner Suarez: What about RE.8? Ms. Thompson: I'm sorry. RE.2 -- thank you. Okay. FR.8 is continued, correct, to the 13th? Yes? RE.2 is 9/27; RE.5, withdrawn; RE.8, moving -- continuing to October 13; RE.9 -- Commissioner Sarnoff. Wasn't RE.8 withdrawn? Ms. Thompson: No. City of Miami Page 9 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Commissioner Sarnoff. No? Okay. Ms. Thompson: I have here deferred. And Mr. Manager -- Commissioner Sarnoff. Gotcha. Ms. Thompson: -- you can correct me. Okay. RE.9, continued. And that's the list that have. Commissioner Sarnoff. So move. Commissioner Suarez: Second. Vice Chair Carollo: Second. Chair Gort: Been move and second. Any discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Okay. Ms. Thompson: Thank you. [Later..] Chair Gort: We got -- Mayor Tomas Regalado: Thank you. Chair Gort: -- a very few items. Should we come -- Commissioner Spence -Jones: I know. Chair Gort: -- back at 3? Commissioner Spence -Jones: Yeah, I know. Do you want to just --? We're not handling any appointments, right? We're -- we are? I don't have any appointments today. I mean -- Chair Gort: No. We have -- Commissioner Spence -Jones: -- appointments to any boards. Chair Gort: -- later on we have to make appointments, but that goes pretty fast. Commissioner Spence -Jones: Right, so we -- Chair Gort: What time you guys want to come back, 2: 30 or 3? Commissioner Sarnoff. Wait, wait. What time is the hearing? Commissioner Spence -Jones: No, the hearing's at 5. Commissioner Sarnoff. So why don't we -- if we have a half an hour's worth of work, why don't we come back at 4: 30? Come back at 4. City of Miami Page 10 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Mr. Martinez: And we have to do the PZ (Planning & Zoning) item. Commissioner Spence -Jones: Yeah. Do we have to take that PZ item when --? Mr. Martinez: (UNINTET,TIGIBT,F). Commissioner Sarnoff. Want to do it now? Commissioner Suarez: It can't be, after 2 o'clock. Commissioner Sarnoff. Oh, after 2. So 4 o'clock, right? Commissioner Spence -Jones: Okay. Commissioner Sarnoff. Is it -- you're worried about 4? Chair Gort: No. Commissioner Sarnoff. Oh. Commissioner Spence -Jones: Do we need to --? Ms. Thompson: So, Chair, just for clarification. We recess until -- Commissioner Sarnoff. We're in recess 'til 4. Commissioner Spence -Jones: Okay. Ms. Thompson: Thank you. City ofMiami Page 11 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 CONSENT AGENDA CA.1 RESOLUTION 11-00702 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Fire -Rescue RECEIVED JANUARY 21, 2011, PURSUANT TO INVITATION FOR BID NO. 239226, FROM LESC, INC., FOR GROUP 1, FIREFIGHTER BOOTS, AND FROM TEN-8 FIRE EQUIPMENT INC., FOR GROUP 2, FIREFIGHTERS HELMETS AND ACCESSORIES, FOR THE DEPARTMENT OF FIRE -RESCUE, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL PERIOD OF ONE (1) YEAR, WITH OPTIONS TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 11-00702 Summary Form.pdf 11-00702 Tabulation.pdf 11-00702 Letter - Response to Invitation Bid.pdf 11-00702 Letter - Law Enforcement Supply.pdf 11-00702 Limited Warranty.pdf 11-00702 Letter - Determination of Reponsibility.pdf 11-00702 MSA- Carins Helemets & Parts.pdf 11-00702 Invitation for Bid.pdf 11-00702Addendum No. 1.pdf 11-00702 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0348 CA.2 RESOLUTION 11-00703 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED JUNE 22, 2011, PURSUANT TO INVITATION FOR BID NO. 257239, FROM EQ FLORIDA, INC., THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR DECONTAMINATION AND MAINTENANCE OF THE CITY OF MIAMI POLICE INDOOR FIREARM RANGE ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, IN A TOTAL CONTRACT AMOUNT NOT TO EXCEED $284,901.10; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City of Miami Page 12 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 11-00703 Summary Form.pdf 11-00703 Award Recommendation Form.pdf 11-00703 Tabulation of Bids.pdf 11-00703 Detail by Entity Name.pdf 11-00703 Invitation for Bid.pdf 11-00703 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones CA.3 RESOLUTION 11-00704 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED JUNE 22, 2011, PURSUANT TO INVITATION FOR BID NO. 271254, FROM VARIOUS VENDORS, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, FOR POLICE HORSE FEEDS, SUPPLEMENTS AND DOG FOODS, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE ADDITION OF VENDORS, FOR POLICE HORSE FEEDS, SUPPLEMENTS AND DOG FOODS, TO THIS CONTRACT AT ANY TIME WHEN DEEMED TO BE IN THE BEST INTEREST OF THE CITY OF MIAMI. 11-00704 Summary Form.pdf 11-00704 Award Recommendation Form.pdf 11-00704 Tabulation of Bids.pdf 11-00704 Detail by Entity Names.pdf 11-00704Addendum No.1.pdf 11-00704 Invitation for Bid.pdf 11-00704 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0349 CA.4 RESOLUTION 11-00705 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF FERTILIZER, FROM VARIOUS VENDORS, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, UTILIZING THE EXISTING SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE CONTRACT NO. B-11-67, EFFECTIVE THROUGH AUGUST 16, 2013, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM City of Miami Page 13 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 11-00705 Summary Form.pdf 11-00705 Fertilizer Contact Sheet.pdf 11-00705 Letters - Town of Davie.pdf 11-00705 Pre -Legislation - Town of Davie.pdf 11-00705 Legislation.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0345 Chair Gort: CA.4. Kenneth Robertson: Good morning, Commissioners. Kenneth Robertson, Purchasing director. CA.4 is a resolution authorizing the procurement of fertilizer from various vendors on a citywide as -needed contractual basis using the existing Southeast Florida Governmental Purchasing Cooperative contractB-11-67. Are there any questions? Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Real quick, I just want to give a quick example and ask a question -- and begin by asking a question. The fertilizers, where do you usually use the fertilizers at? What's the majority of the use, where at -- location? Mr. Robertson: I believe the Parks Department uses this fertilizer. Vice Chair Carollo: Parks Department. And like I said, it's going to be brief. My colleagues have heard me mention as far as parks in my district, the huge disparity and so forth. And now this is the accountant in me where I start showing to. All these fundings that goes to the Park [sic] Department for fertilizer or so forth, realistically, they're still -- there's a big disparity of all these expenses from my district to others. Now I have shown -- and think I've demonstrated in this Commission thatl can also view the City as a whole. I voted for parks in other districts and so forth, so -- but want to definitely -- and especially since we have Commissioner Spence -Jones back, I want, you know, to make sure that she understands that there's a huge disparity, you know, of parks in District 3 and in the rest of the City of all the other districts. And realistically, it's not only that. You start seeing expenses that go there or grants that go to Parks and so forth for different events, different programs and so forth, and District 3 usually, you know, does not receive nearly as much funding and so forth because of the huge disparity. So this was one example. It's a small amount compared to our overall budget; it's $85, 000. But still, if this is basically for Parks, then you would think that there's a big disparity on this expense with all the other districts and District 3. So it was just a quick point. Thank you. Chair Gort: Okay. Vice Chair Carollo: And by the way, I'm -- I move it. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Carollo -- Vice Chairman Carollo, second by City of Miami Page 14 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. CA.5 RESOLUTION 11-00706 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE FUNDING OF THE POLICE ATHLETIC LEAGUE PROGRAM, TO ASSIST WITH EXPENSES RELATED TO THE OPERATION OF THE PROGRAM, IN AN AMOUNT NOT TO EXCEED $200,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NO. 1169, PROJECT NO. 19-690001, AND ACCOUNT CODE NO. 12500.191602.883000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 11-00706 Summary Form.pdf 11-00706 Affidavit Letter.pdf 11-00706 Certification of Applicant. pdf 11-00706 Annual Review & Evaluation.pdf 11-00706 Detail by Entity Name.pdf 11-00706 Financial Statements.pdf 11-00706 Legislation.pdf 11-00706 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0346 Chair Gort: Commissioner Spence -Jones, you have --? Commissioner Spence -Jones: Yeah. Chief or is somebody -- I just want to get some clarity on it. This is on the Department of Police. Who's -- is there somebody speaking on that behalf? Johnny Martinez (City Manager): Which item? Chair Gort: What's this? Commissioner Spence -Jones: This is the PAL (Police Athletic League), okay. Major Jorge Colina: What would you like to know exactly, ma'am? Commissioner Spence -Jones: Okay. Yeah. I just wanted to -- Chair Gort: Excuse me a minute. Commissioner Sarnoff. State your name. Chair Gort: Name and address. Major Colina: I'm sorry. Major Jorge Colina. Commissioner Spence -Jones: Okay. Good morning. City of Miami Page 15 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Major Colina: Good morning. Commissioner Spence -Jones: You know, I'm a big supporter of PAL, so always want to make sure, you know, the kids have what they need. But I wanted to get clarity on the issue of what the balance is on -- in PAL at this point, the balance to operate the program. Major Colina: The -- what's on there right now for that 200,000 -- Commissioner Spence -Jones: That's the operating expenses to run the whole entire program? Major Colina: For -- that's what's being proposed now. But actually, that's been in use. We're actually behind the eight ball. There'll be a new proposal going forward with additional monies. But the program's are all in place and the money's being used. It just hasn't been officially approved here, per se. Commissioner Spence -Jones: Okay. 'Cause I don't remember, Chief you know, seeing the actual amount in the overall budget, I guess the budget we're going to vote on this afternoon, the first leg of the budget. Major Colina: Well, the -- ifI may, the -- Commissioner Spence -Jones: So when you mentioned this 200 is -- there's additional monies that is coming towards supporting the programs. I just -- am I to see that in the overall --? Major Colina: Well, it doesn't hit the general fund. That's funded out ofLETF (Law Enforcement Trust Fund). Commissioner Spence -Jones: Okay. Major Colina: So it's a different funding source -- Commissioner Spence -Jones: Fund all together, okay. Major Colina: -- and there is no matching requirement by the City -- Commissioner Spence -Jones: And how does the money -- how do you guys secure the monies from -- for PAL at all? I just want to be clear on that. Major Colina: There is one fund. The Chief will propose an amount and then it'll be approved by this Commission with a breakdown of how that money's to be used, what programs are in place, whether it's flag football at V rrick Park -- Commissioner Spence -Jones: Right. Major Colina: -- or FCAT (Florida Comprehensive Achievement Test) tutoring, for example, things of that nature. Commissioner Spence -Jones: Where does it come from? I guess that's the question. Where does the money come from that goes into the --? Major Colina: From the state. Commissioner Spence -Jones: From the state? Okay. I always thought -- City of Miami Page 16 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Major Colina: This is state UTF. It's money -- Commissioner Spence -Jones: -- that it came -- Major Colina: -- that's forfeited to the Law Enforcement Trust Fund that goes to the state. There's a state one and a federal one. This is a state one, and that's where the money comes from. But there is no -- it does not hit the general fund in any kind of way. Commissioner Spence -Jones: Okay. That's why I didn't see it. Okay. I support it 100 percent. I just wanted to have clarity on it. Major Colina: Thank you, ma'am. Commissioner Spence -Jones: All right, thanks. Yes, Mr. Mayor. Mayor Tomas Regalado: Mr. Chairman -- Chair Gort: Yes. Mayor Regalado: -- Commissioner, to give you an update, since you are back, there is another funding specifically for the boxing gym in the West Grove. Last year we did the first Mayor's Ball, and we raised money to reopen the gym in the West Grove area that had been closed for like five years, and it was run by PAL. So already a contract has been executed with the owners of the property, Ms. Gibson and Harry Givens. And a group of people are donating work to rehab the gym. Andl think that -- and the money raised will be used to pay the rent and that's -- so that's another additional program that PAL -- and Major McQueen has been very engaged on that. Andl think that we will be able to open the gym very soon. But that's an additional program that PAL will be able to do with different funding, with donations from the Mayor's Ball. Commissioner Spence -Jones: Okay. No problem. Thank you. Just wanted clarity. Commissioner Suarez: Want to move it? Commissioner Spence -Jones: Yeah. I'd like to move that item. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Spence -Jones and second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. CA.6 RESOLUTION 11-00707 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW Fire -Rescue SPECIAL REVENUE PROJECT ENTITLED: "EMS MATCHING GRANT AWARD-M0072- FISCAL YEAR 2011", FOR THE PERIOD BEGINNING JUNE 15, 2011 THROUGH JUNE 30, 2012, CONSISTING OF A GRANT APPORTIONED BY LOCAL AGENCIES FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMS ORGANIZATIONS, FLORIDA EMERGENCY MEDICAL SERVICES, IN THE AMOUNT NOT TO EXCEED $20,413.50, AND THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $6,804.50, FORA TOTAL AMOUNT NOT TO EXCEED $27,218; ALLOCATING THE CITY'S REQUIRED MATCHING FUNDS City of Miami Page 17 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 FROM ACCOUNT NO. 00001.181000.896000.0000.00000; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO ACCEPT, IMPLEMENT AND COMPLY WITH SAID GRANTAWARD. 11-00707 Summary Form.pdf 11-00707 Letter - FL Dept. of Health.pdf 11-00707 EMS Grant Prgm. Expenditure Report.pdf 11-00707 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0350 CA.7 RESOLUTION 11-00730 Department of NET A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ESTABLISH A SPECIAL REVENUE PROJECT ENTITLED: "2011 SUPPORTIVE HOUSING PROGRAM (SHP)," TO ACCEPT THE AWARD FROM THE MIAMI-DADE COUNTY HOMELESS TRUST IN AN AMOUNT NOT TO EXCEED $251,071, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; APPROPRIATING MATCHING FUNDS FROM THE CITY OF MIAMI EMERGENCY SHELTER GRANT, IN AN AMOUNT NOT TO EXCEED $59,779; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY AS TO FORM AND CORRECTNESS, ALL NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF, AND COMPLIANCE WITH, SAID GRANTAWARD, AND APPROPRIATE THE REQUIRED MATCHING FUNDS. 11-00730 Summary Form.pdf 11-00730 Letter - 2010 Award Su breci pi ent Agrmt.. pdf 11-00730 Legislation.pdf 11-00730 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0351 CA.8 RESOLUTION 11-00731 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Fire -Rescue RECEIVED OCTOBER 20, 2010, PURSUANT TO INVITATION FOR BID NO. 248231, FROM ELITE FIRE & SAFETY EQUIPMENT, INC., TEN-8 FIRE EQUIPMENT, INC., AND NORTH AMERICAN FIRE EQUIPMENT COMPANY, INC., FOR THE PURCHASE OF FIRE HOSES AND ATTACHMENTS, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) City of Miami Page 18 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATION OF 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. 11-00731 Summary Form.pdf 11-00731 Tabulation.pdf 11-00731 Letters - Authorized Distri butor. pdf 11-00731 Addendum No. 1.pdf 11-00731 Invitation For Bid.pdf 11-00731 Standard On Fire Hose.pdf 11-00731 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0352 CA.9 RESOLUTION 11-00736 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER TWO TO THE LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND AVS INTERNATIONAL GROUP, INC., FOR THE CITY'S USE OF APPROXIMATELY 2,000 SQUARE FEET OF SPACE LOCATED IN MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING WAREHOUSE SPACE FOR THE SPECIAL INVESTIGATIONS SECTION OF THE MIAMI POLICE DEPARTMENT, WITH A MONTHLY RENT OF $1,666.66 ($10 PER SQUARE FOOT); ALLOCATING FUNDS FROM THE MIAMI POLICE DEPARTMENTS BUDGET, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID LEASE. 11-00736 Summary Form.pdf 11-00736 Pre-Legislations.pdf 11-00736 Legislation.pdf 11-00736 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0353 CA.10 RESOLUTION 11-00757 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS General Services RECEIVED JULY 13, 2011, PURSUANT TO INVITATION FOR BID NO. Administration 269258, FROM VARIOUS VENDORS, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE PURCHASE OF ADDITIONAL MISCELLANEOUS VEHICLE TIRES, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR City of Miami Page 19 Printed on 10/7/2011 CA.11 11-00735 Department of Planning and Zoning City Commission Meeting Minutes September 15, 2011 PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE ADDITION OF VENDORS, FOR THE PURCHASE OF ADDITIONAL MISCELLANEOUS VEHICLE TIRES, TO THIS CONTRACT AT ANY TIME WHEN DEEMED TO BE IN THE BEST INTEREST OF THE CITY OF MIAMI. 11-00757 Summary Form.pdf 11-00757 Award Recommendation Form.pdf 11-00757 Tabulation of Bids.pdf 11-00757 Detail by Entity Names.pdf 11-00757 Invitation For Bids.pdf 11-00757 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0354 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING, PURSUANT TO SECTION 62-521(B) (4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE TEMPORARY EVENT TWO (2) EVENT LIMITATION PER PROPERTY FORA FOOD TRUCK AT THE PROPERTY LOCATED AT 350 NORTHEAST 80TH STREET, MIAMI, FLORIDA, BEGINNING SEPTEMBER 15, 2011 AND ENDING DECEMBER 31, 2011. 11-00735 Summary Form.pdf 11-00735 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0347 Commissioner Spence -Jones: Last one was -- Chair Gort: Yes, sir. Commissioner Spence -Jones: -- CA.11. Chair Gort: Yes, ma'am. Commissioner Spence -Jones: Spence I don't know if there's anyone from the Administration. Barnaby Min (Zoning Administrator): Good morning. Commissioner Spence -Jones: This actually took place, of course, before I got here, so I didn't really have clarity on why this is the -- an emergency. Can you explain to me what the emergency is? City of Miami Page 20 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Mr. Min: It's really not an emergency. Commissioner Spence -Jones: Oh. Mr. Min: Barnaby Min, Zoning administrator. Chapter 62 of the City code limits temporary use permits to two times per year. Commissioner Spence -Jones: Okay. Mr. Min: In order to have more than two permits, you would have to get a resolution from the City Commission waiving that time frame. Mr. Nelson has already received his two permits, and he would like to continue operating. Commissioner Spence -Jones: Is he here? Mr. Min: I have not seen him. But he would like to continue operating for the rest of the year. And his two permits actually expire today. So in order for him to continue to operate, a resolution would have to be passed today. Commissioner Spence -Jones: Okay, no problem. We were just trying to locate him to figure out what the issue was as well. So I move it. It's fine. I don't want to have him not -- Commissioner Suarez: Second. Chair Gort: Okay. It's been moved by Commissioner Spence -Jones, second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Okay. Adopted the Consent Agenda Motion by Vice Chairman Carollo, seconded by Commissioner Sarnoff, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF CONSENT AGENDA Chair Gort: Yes, sir. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: I make a motion to approve all the CA (Consent Agenda) items that have not been pulled, withdrawn -- Commissioner Sarnoff. Second. Commissioner Suarez: Second. Vice Chair Carollo: -- or deferred. City of Miami Page 21 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Chair Gort: It's been moved by Commissioner Carollo, seconded by Commissioner Sarnoff. Any discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. PERSONAL APPEARANCES PA.1 DISCUSSION ITEM 11-00807 PA.2 11-00808 RENIER DIAZ DE LA PORTILLA, MIAMI-DADE COUNTY SCHOOL BOARD MEMBER TO ADDRESS THE CITY COMMISSION ON BACK -TO -SCHOOL AND OTHER EDUCATION RELATED ISSUES. 11-00807 Email - Update Back-to-School.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones DISCUSSION ITEM MS. RAQUEL REGALADO, MIAMI-DADE COUNTY SCHOOL BOARD MEMBER TO ADDRESS THE CITY COMMISSION CONCERNING THE STATUS OF DISTRICT 6 PUBLIC SCHOOLS WITHIN THE CITY OF MIAMI. 11-00808 Email - Status of District 6.pdf DISCUSSED Chair Gort: I believe we don't have any personal appearance. They've been deferred, both of them. Okay. So -- Priscilla A. Thompson (City Clerk): What -- I'm sorry. Chair Gort: PH.1. Vice Chair Carollo: They deferred or --? Ms. Thompson: What I have here in my note is that that PA.1 was withdrawn, andl think we still have PA.2. Chair Gort: I don't believe so. Ms. Thompson: Okay. Vice Chair Carollo: Mr. Mayor. Mayor Tomas Regalado: Mr. Chairman, I believe that board members Renier Diaz de la Portilla ask to be placed in other agenda, but Board Member Regalado will be here in a few minutes. Chair Gort: Okay. Mayor Regalado: So I -- City of Miami Page 22 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Chair Gort: As soon as she comes in, we'll listen to her. [Later...] Chair Gort: At this time I would like to recognize board member -- School Board Member Raquel Regalado, Raquelita. Raquel Regalado: Thank you. Good morning. Sorry I'm a little late, but thank you very much for giving me the opportunity to speak. Today I ask to speak before this Commission to report on 50 schools in District 6, which is the district that I represent. I've actually been going to several municipalities within District 6 and doing this report. This is the last one. I saved the best for last. But I wanted to also discuss with you our budget that we just passed because obviously there are a lot of schools within the City ofMiami, some of which are within District 6, some of which are not within District 6, andl wanted to be able to answer your questions regarding our final budget, which we passed last week. So what I'm going to do is I'm going to go through the schools. I'll talk briefly about the programs, and more importantly, about enrollment and where we are from the point of view of capacity and actual enrollment, because in the City ofMiami that's many of the concerns. We have some schools, especially in District 6, that are over capacity, and I'll discuss that and what we're doing as a school board. I think that this is really important. This is the first time that a school board member does this, municipality by municipality, but one of the reasons that I ran is because I think that we should have a better relationship beyond an interlocal agreement. Of course, in the City ofMiami we have a fantastic relationship so it's a little bit different. But I think that it's important for municipalities to know that there is certain accountability for the Miami -Dade County School Board. We are County elected officials. We are constitutional officers. But we realize that when you're dealing with businesses and when you're dealing with residents, you get a lot of questions about schools, a lot of questions about what we're doing, how we're doing it, and why we're doing it. And think you should be able to ask me directly about that. I've had the opportunity to visit some of our schools with some of the Commissioners that are here today, andl want to thank you for that. And always, whenever you want to do that, please call my office, and we'll be more than happy to do a walk-through of our schools, and I could tell you what's going on. One thing that I think is important for you to understand beyond the public relations ofMiami-Dade County School Board is that we had a very difficult budget. Miami -Dade County schools has lost over $2 billion in funds in the last two and a halfyears. There has been a significant reduction in a lot of the services that we provide. And one of the things that we passed at our last meeting, along with our budget, was our five-year plan for facilities. That five-year plan for facilities is light to say the least. We've had to make some difficult choices, and unfortunately, the choices have had a dramatic impact and will continue to have a dramatic impact in our facilities. We've been honest about that, andl think that we should start with that. Our priority that we set in December for the superintendent and what our budget was based on was that we wanted to retain our workforce in the classroom, and we used the majority of our budget for that. Just so that you have an idea, more than 67 percent of the budget ofMiami-Dade County Schools goes to teachers in our classrooms. There are teachers outside of our classrooms that make up another percentage, but 67 percent is just to the salaries of the teachers in our classrooms. So that was a large part of our budget. And retaining our workforce was very expensive, but something that we said from the get -go that we wanted to do. The second priority that we established for the superintendent and the administration was retaining our programs. Our programs specifically are AP (Advanced Placement) andlB (International Baccalaureate) programs, our magnet programs, and our bilingual programs are essential to the communities that we serve, and we did everything in our power to maintain those programs, and we did not reduce the seats that were available to our students for those programs. That was something that was considered as part of the budgetary process. We decided not to do that. So we had to do was eliminate workforce in the departments of IT (Information Technology) and facilities and construction. We have very few large projects left. One of them, and the largest one at this City ofMiami Page 23 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 moment, sits in the City ofMiami, which is the Miami High project, and that is in its second phase. But we are winding down all projects. The money for that has already been allocated, and we have not forecasted any new build outs beyond what we've already started. But we do have the issue of maintaining our facilities. Right now one of the things that we're doing is we are going to participate, if it is passed in President Obama's plan, for the 35 million for facilities. It's open to 100,000 school districts, the biggest 100 school districts in the United States. Miami -Dade County is the fourth largest school district in the United States, so we have some preferential treatment in regards to what's going to occur. And our application is going to be based on the state of our facilities, specifically those facilities that are not up-to-date in terms of electrical. As you know, the State of Florida at its last session made a dramatic move towards virtual schooling, and one of that -- a part of that move was demanding that the FCAT (Florida Comprehensive Achievement Test) be administered on computers. The issues that we have is right now we're doing it in media centers, but a lot of our older schools, many of which are in the City ofMiami, simply do not have the capacity from a wattage point of view to be able to withstand that many computers. So even though our IT plan is very ambitious and we want to provide our students with as much technology as possible, we have the issue with facilities that we need to upgrade the facilities. There's a lot of schools that have issues with windows, a lot of schools that have issues with termite damage, a lot of schools that have issues with electrical. But we did maintain the core of our maintenance program, and they are going to be cleaning our schools, and they are going to be repairing what the Board has deemed essential repairs, okay, which are repairs that are important for the safety and well-being of our children. But I would be lying to you ifI told you that our schools in certain areas are not in some disrepair, andl think that should be honest with that. We have taken those steps individually. Personally, I was painting Coral Gables Senior High before school started. We got donations and we went out and then we painted it, and that's something that we are going to be doing in many of our schools. We're going to continue reaching out to the private sector. We did it at Citrus Grove Elementary. Citrus Grove Elementary had a playground that was condemned for over four years, and reached out to Leadership Miami and some other people to donate it, and it was donated, and it was opened in time for the start of school. So you're going to be seeing more of that, but I think we have to be honest about that there are serious concerns about our ability to invest in infrastructure. I've also brought some information on the schools outside the 15 that are within District 6, if you have any questions, and I'll try my best to respond to those. The first school is Ada Merritt K-8. In the district we are moving more towards a K-8 system. It's been very popular with parents. It's been very popular with our teachers. But the issue becomes the ability to keep all the students in the same physical location. In certain areas, like Coral Gables, we've had two locations and one K-8 if they're next to each other. And there are plans for more K-8s, some of which are in the City ofMiami. But the issue becomes our ability to sustain it. The K-8 that is the best example of that that we'll talk about is Coral Way Elementary, which is a K-8, but is at 125 percent. And we have the pre-K4 and the K at Shenandoah Middle, because they do not -- they don't have space in the actual K-8. But Ada Merritt is a fantastic school. It has a grade of A. It's a magnet. It's an IB world school, which means that it offers the IB program from the elementary level. AP/IB is something that was started at the high school level, and Ada Merritt is one of the few schools that offers it beginning in kindergarten, and it is a language and culture -based immersion program. Right now the capacity is 707. We are at 104 percent. Andl could give you the breakdown, but Hispanic is 60, African American is 10, Anglo is 28; gifted, we have 24 percent; ESOL (English for Speakers of Other Languages), we have 10 percent; students with disability, 1 percent. One point that think that is really important, and I'll mention when I talk about these schools, is which of our schools, the percentage of free and reduced lunch. At Miami -Dade County Schools we've really made an effort to ensure that all the parents that are eligible for Title I funds receive that. This year we even moved towards providing that application online. So that you have an idea, we have over 245,000 students that are on free or reduced lunch out of our 380,000 students, so that's an enormous percentage of children. And one thing that you should know also is even though we have the free and reduced lunch program, we do offer free breakfast to all of our students, irrespective of income levels at all of our schools in Miami -Dade County. I'll try to go through these a bit quickly. Auburndale, City ofMiami Page 24 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Auburndale is a `B" school at the moment. It has -- it's a Pre-K to 5. Auburndale is at 89 percent. It's actually underutilized. It has a capacity of 1, 019 students. I got to tell you, personally, my children go to Auburndale. It's fantastic. It's a community school. I will mention which of the schools are community schools and what that means. What's interesting about Auburndale is that it offers after -school classes and adult learning classes to the community, and it also has a fantastic program that utilizes volunteers from the neighborhood that go through our system, have background checks, and are then allowed to go into our classrooms and help our teachers. Many of them are older residents that volunteer to spend time with our kids at Auburndale. Auburndale also has a fantastic special needs center and is one of the few schools in Miami -Dade County that offers a program for the hearing impaired. Citrus Grove Elementary. I mentioned Citrus Grove earlier. Right now Citrus Grove is a "C" school. The capacity for Citrus is 772 -- the capacity is 772 students. The enrollment as of yesterday was 855. We're at 113 percent at Citrus. Citrus is interesting because 97 percent of the student body is Hispanic, which is a record for many of our schools. Fifty-two percent of the children at Citrus are in an ESOL program and 12 percent are students with disabilities. Ninety-five percent of Citrus elementary is on free or reduced lunch, so -- and we are going to be working with Citrus specifically to ensure that they have more after -school activities. Coconut Grove Elementary -- we visited Coconut Grove, Commissioner Sarnoff -- is an `A" school, so I told you that when we visited. There were some issues with Coconut Grove elementary earlier in the year and their K -- because obviously, class size is an issue. It's very difficult for us to forecast how many students we're going to have, so there's always an adjustment period of about two and a half to three weeks. But I know -- my understanding is that that's been resolved. The total enrollment at Coconut Grove right now is 352 students. The capacity is 308. So we're 121 over, but we have been able to make room for the students there. The breakdown of -- for Coconut Grove elementary is 52 Hispanic, 18 African American, 26 white. There's -- 20 percent of the students there are on gifted and 28 percent are on ESOL. Fifty-six percent of the student body is on free and reduced lunch. It has a very interesting mix, Coconut Grove Elementary. Coral Way K-8, as I mentioned, which is in Commissioner Frank Carollo's district, is an "A" school. The total enrollment is 1,559. The capacity is 1,374. We're at 116 percent with Coral Way K-8. It has been a very successful program. We've invested a lot in the facility in ensuring that it's up to date, but because of class size, we're limited in what we can do. As you know, we have a strict mandate for class size per classroom. Unlike charters that can do a percentage, we have to do every single classroom. And the solution to the overcrowding at Coral Way K-8 has been to put PreK-4 and K at Shenandoah Middle. Right now I'm working with the private sector to see ifI can have someone donate a playground for Shenandoah Middle for those children there, because the facility is simply not constructive for small children. It's a middle school, and the playground is that of a middle school, and there really isn't a playground for Pre-K-4 and kindergarten. So that's something that we'll be working on this year. Coral Way K-8 is 88 percent Hispanic, 1 percent African American, 9 percent white. There's 13 percent of the student body is gifted, 25 percent is ESOL, and 70 percent of the children that attend that school are on free and reduced lunch. Francis Tucker. For those of you that don't know where Francis Tucker is, it's on Douglas Road. The total enrollment is 381. Right now we're under -enrolled. The capacity is 540; it's 70 percent, so it's considered underutilized. Francis Tucker, the ethnic breakdown is 57 percent Hispanic, 38 percent African American, 2 percent white, with 92 percent of the student body on free and reduced lunch. It is however an `A" school, which is something that we're very proud of. Francis Tucker, although under -enrolled, has been very successful and is very popular with the residents in that neighborhood. We have the Law Enforcement Officers Memorial High School. A lot of people don't even know that this high school exists. But it is also an "A" school. It's downtown. It is over -utilized. It's at 109 percent. It has been very successful. That school, 64 percent are Hispanic, 31 percent are African American, 5 percent are white. There's 17 percent of the students are in the gifted program. There's 2 percent of the students are students with disabilities. And 72 percent of that student body is free and reduced lunch. That school is a magnet, and it's a law studies and law enforcement with an emphasis on forensic science magnet. MAST, Maritime And Science Technology Academy. This is MAST It's technically within the City of Miami. It is one of the most popular magnets in the entire district. The waiting list for City of Miami Page 25 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 MAST is amazing. We talk about expansions for MAST all the time. One thing that was discussed last year was even creating a night program. Students were interested in going to MAST at night if they could go to MAST. It's something that we always discussed. We're also looking at some land around MAST and see if we can expand that. We are at 130 percent at MAST. The capacity is 419. We're at 550. It has -- you know, it's a maritime science, and they also have the only Coast Guard remote program in Miami -Dade County. And amazingly enough, last year when they graduated, 99 percent of the student body that graduated from MAST went directly into a four-year university, and they received more than 17 million in scholarships for that graduating class, so they're very -- it's a fantastic school. To say it's an "A" school is an understatement for MAST Academy. I mentioned Miami Senior High. Miami Senior High, as you know, is a historic school. It's the oldest school in the district. It really has some of the most fascinating alumni. And I've been working to bring back the million dollar band and on revamping the curriculum at Miami High. We are -- we're in the second phase of the rebuild ofMiami High. There's two buildings that have been built that are new buildings where the parking lots were, and now students are moving into those new buildings, and the construction is moving into the original part ofMiami High. We believe that that's going to be the most expensive part of the reconstruction because it's historic, and we're doing everything to keep the integrity of the building. Right now the Miami High project is estimated -- even though it was a hard bid, there's been some change orders, but we're about 58 million, and it includes completely redoing the surrounding area and making it truly one of the largest and most efficient schools in Miami -Dade County. The total enrollment is 2,748; capacity is 2,759. The Hispanic population at Miami High is 94 percent; African American, 3; white, 2; 6 percent gifted, 19 percent ESOL, 11 students with disabilities. Eighty-six percent of the student body at Miami High is on free or reduced lunch. Miami High also has an enormous adult program that is also noteworthy. Miami High is a magnet. It's a law, public affairs, teaching, and college prep magnet, but it is one of our schools that has the highest percentage of dual enrollment, so it serves that purpose. And there are a lot of students who attend Miami High who, but for the dual enrollment, would not graduate on time. And the reason for that is that many of them are ESOL students, and ESOL doesn't count towards graduation. So depending on how many ESOL classes they have to take, they fall behind. The dual enrollment is very important to us and something that is always under fire in Tallahassee. It was last session and we predict that it's going to be this session. But the reason that we advocate it so much is because our ESOL students, if they fall behind from their class, we know for a fact that they won't graduate on time or at all, and they'll just opt to take the GED (General Education Diploma), and their probabilities of passing the same change dramatically. Riverside Elementary is a "C" school. It's 129 percent. Capacity is 759. The total enrollment is 922. Riverside was the first school that Michelle Obama visited. It's a school that has a fantastic nutrition program. Was the first to receive a salad bar, and it has a great STEM (Science, Technology, Engineering, and Mathematics) program that we're developing. The breakdown of -- for Riverside is 96 percent Hispanic, 2 percent African American, 1 percent white; 3 percent gifted 58 percent in ESOL, 10 percent students with disabilities, and 96 percent of the student body at Riverside are on free or reduced lunch. We're getting there. Shenandoah Elementary. Shenandoah Elementary is at 110. Therefore, it's over -utilized. The total enrollment is 1,002. The capacity is 950. Shenandoah Elementary has a new building and an old building. That's one of the ones that we're discussing when we're talking about what we've done in the past and that there's some disparity. The breakdown for Shenandoah Elementary is 99 percent Hispanic and 1 percent Asian; gifted 8 percent; ESOL, 50 percent; students with disabilities, 7 percent. Ninety-six percent of students are on free or reduced lunch at Shenandoah Elementary. Shenandoah Middle is at 99 percent. The total enrollment is 1,170. The capacity is 1,181. This has recently become a magnet. Shenandoah Middle has now become part of the museum magnet program, and it's partnered with local museums, specifically with the Wolfsonian and the Miami Museum of Science, and it's also -- the curriculum has been extended. Now they have a foreign language program that is a complete dual immersion program in Spanish. Recently they became -- I think they won second place in the national championships for chess, which made national news. The breakdown for Shenandoah Middle is 94 percent Hispanic, 3 percent African American, 3 percent white, 9 City ofMiami Page 26 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 percent students gifted; 14, ESOL; 10 percent students with disabilities, and 88 percent of that student body is on free or reduced lunch. Silver Bluff. Silver Bluff Elementary is at 99 percent. The total enrollment is 513, capacity is 518. The breakdown is 92 percent Hispanic, 2 percent African American, 5 percent white, 6 percent gifted, 34 percent ESOL, 14 students with disabilities. Eighty-two percent of that student body are on free and reduced lunch. Shenandoah [sic] Elementary is one of our smaller elementaries, but is one that is very dear to the community and one that has been very successful with the parents. The Young Women's Preparatory Academy, it sits across the street from Riverside. It's a newer school. A lot of people don't know about it. It's absolutely fantastic. It's the only all -girls school in the district. I was there for the Open House a few days ago. The total enrollment is 370. The capacity is 402. It's at 93 percent, but it's only because the graduating class was smaller. Who's going to be the graduating class, which are the llth graders, is a smaller class. But this has been tremendously successful. There is also a boys' academy that hasn't been as successful, but the young girls' academy really has done fantastic. It's an "A" school. It's won several awards. The breakdown of that school by ethnicity is 68 percent Hispanic, 19 percent African American, 12 percent white; 22 percent of the student body is in the gifted program, 1 percent in ESOL. There's a 2 percent student with disabilities, and 16 percent of the student body is on free and reduced lunch. So there's also some charters. If you want me to go through the charters, I do have the enrollment information on the charters. All could tell you about the charters is how many they've -- how many students they can have there and how many they told us that they actually have. I can speak a little to the programs, but I don't know if you want to talk about the charters or if you just want me to answer some of your questions; and if that involves the charters, then I could flip to that. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. And I'm going to speak for Brickell. Andl know Brickell wants a high school. Ms. Regalado: Yes. Commissioner Sarnoff. Any -- is there any word from the County, either by charter or by more traditional means, of putting a school on Brickell or anywhere near it? Ms. Regalado: Well, obviously, the Feeder Pattern, you know -- and then this has always been the issue. The Feeder Patterns are set up so that the schools that are located -- that service the Brickell area feed into Booker T., right, and that's always been the big issue. Booker T. has been redone several times, and with a response for many years was technically, there's space at Booker T. and that's the area where the feeder should go. Most of the children that attend the Brickell area end up applying to magnets. Most of our magnets are not determined by residency; some magnets are. For example, Coral Gables Senior High has 50 percent residents, 50 percent nonresidents. So there has been more high schools that have been created in the area to resolve the Brickell issue. The Brickell issue was one of the impetus [sic] for ISPA (International Studies Preparatory Academy), which is a new high school. It's in Coral Gables. It's right behind River -- what used to be -- I'm going to date myself here -- what used to be the Riviera Cinema. See, and nobody even remembers that. But right behind what used to be the Riviera Cinema is ISPA. It just opened. And actually, the majority of students that are attending ISPA live in the City of Miami. They do not live in Coral Gables. It's a full magnet that's open to the entire County; and that's been, for a lot of Brickell residents, one of the solutions. We do not have the money to build. At last session the PECO (Public Education Capital Outlay) funds that normally would have gone to Miami -Dade County Schools was given to charter schools for their build out. The money that we received for construction is pretty much just used to pay our bond debt. One of the things that we did to fill our budgetary needs this year is we pushed our bond debt from 20 to City of Miami Page 27 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 30 years. Moody's agreed to it. The Board approved it. But this means that we have -- we don't have the ability to issue bonds for another ten years. So that's saved us 15 million from a budgetary perspective this year, but we've really reached the end of the line. So one thing that we're doing is working with the private sector to see if we can enter into some sort of lease agreements where we lease now/buy later, given the market and maybe create some smaller schools. Another solution that's not here because it's not in District 6 but does service the Brickell area is iPrep. iPrep is a school that is in one of our administration buildings. Miami -Dade County School has four administration buildings. With the last fire -- you know, we've limited the workforce. So we have one building now that is pretty much empty, and we've put two schools in that. One is a preschool that services the downtown area, and the other is iPrep. iPrep is a new model. It's a technology -based model that's accessible for students that have a 3.0 or above, and it's virtual learning in a controlled environment. And it's been very well received. We've expanded it. We've expanded it with an iPrep at Killian and different iPrep satellites, but that is a solution. And now we have more capacity and we're telling more people about it. One of the problems that we have at the School Board is that we roll out our new schools really late so the first year they're under enrolled, and it usually takes a year or two for parents to know that they're there and to start participating in that school and we sort of factor that in. So there are few -- there's a few, you know, things out there. Another thing that I have to mention that may be also a solution for Brickell is that two school board meetings ago we approved becoming vendors for charter schools. We are not running charter schools, but we are now vendors for charter schools. And there are three charter schools in particular that one in South Miami that's in District 6 where we're participating. And the idea is and what we've asked from the charter providers is that they comply with what the School Board has requested in its legislative platform in that play by the same rules that we play. And what this does is it gives us proof that, you know, charters and traditional schools can play on the same, you know -- with the same rules and they could still be successful. And it gives the charter provider the ability to vender out to us what we do best, so they can vendor out curriculum, they can vendor out transportation, they can vendor out food services, they can vendor out the application process. And if they believe that they can do it cheaper, better in the public sector, they can, but they can always access us and our resources. And the one thing that we have been clear about is the application process. We want to ensure that there is a traceable application process that we can see who's applying, who's being let in, who's being denied, and that there isn't cherry picking going on at the charter level. So that is another option that now we're considering. You know, we have very little control over charter applications. But one thing that is clear is that the reduction in funding is also affecting charters, so we're seeing that smaller charters are just not able to survive. You need to have a broader charter base in order to be able to deal with the budget cuts. So we know it's an issue. It's also an issue for Key Biscayne. Key Biscayne has been clamoring for a high school forever. It's something that's on the radar. The one thing that we want to ensure is that if we do it, it's a adequate size. That's another issue. And we talk about huge high schools, like Miami High, and we're talking about thousands of students. That's fine because there's the space for them. But if we're talking about magnet programs, if we're talking about something a little more specialized, something in the Brickell area, we're looking at much smaller models. Because there just isn't the, you know, ability in such a dense area to withstand thousands and thousands of children. So that's sort of the iPrep model. It's a small high school, and we're hoping to replicate that in different areas, and it's been successful to date. Chair Gort: Thank you. Ms. Regalado: Any other questions? You guys are easy. South Miami had me there for like an hour. No questions. Chair Gort: You've done a very well presentation. Commissioner Suarez: It's not -- it's 'cause of week that we've had, trust me. City of Miami Page 28 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Chair Gort: No. But I think your presentation was very well done. Ms. Regalado: Thank you. Chair Gort: I only have one question. My understanding is the downtown charter school is going to expand to a high school. Ms. Regalado: They're considering that. And that charter is run -- obviously, the DDA (Downtown Development Authority) -- Chair Gort: Right. Ms. Regalado: -- you know, had something to do with that. I've met with them. They're considering different options. One thing that's important when we talk about charters is that they have different options. So if what they're doing isn't working, they have the ability to sort of change what they're doing in the same way that traditional schools do. But, you know, they have to look at what the area, you know, needs at the moment, what's the demographic need. Chair Gort: Right. Ms. Regalado: And that's why I think they're considering that, because there's just not that great need for the younger kids. There's lots of options around there from Ada Merritt to the school that we have in our school board building to different private schools. The need is for older students, so that'll probably be more successful. Chair Gort: Thank you. Is there any other questions? Ms. Regalado: Thank you. Chair Gort: First of all, I want to thank -- coming here and give us some information about the school system, which is very important. Education to me is very important. END OF PERSONAL APPEARANCES PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 11-00758 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Development AMENDMENT NUMBER 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT BETWEEN THE CITY OF MIAMI AND BASCOMB MEMORIAL BROADCASTING FOUNDATION/WDNA 88.9 FM, EXTENDING THE AGREEMENT END DATE FROM SEPTEMBER 30, 2011 TO MARCH 31, 2012, FOR SPECIAL ECONOMIC DEVELOPMENT ACTIVITIES, SPECIFICALLY THE REHABILITATION OF THE PROPERTY LOCATED AT 2921 CORAL WAY, MIAMI, FLORIDA. 11-00758 Summary Form.pdf 11-00758 Notice to the Public .pdf 11-00758 Legislation.pdf 11-00758 Exhibit 1.pdf City of Miami Page 29 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0355 Chair Gort: In the meantime, we'll go with the next. Public hearing one, PH.1. George Mensah: Good morning, Commissioners. George Mensah, director of Community Development. PH.1 is a resolution that authorizes the City Manager to extend the agreement to a Memorial Broadcasting Foundation for a special community development funds that was provided to them for the rehabilitation of their building, from September 30, 2011 to March 31, 2012. Commissioner Suarez: Move it. Chair Gort: Okay. It's been moved by Commissioner Suarez -- Commissioner Spence -Jones: Second. Chair Gort: -- a second by Commissioner Spence -Jones. Is there any further discussion on this item? PH.1 is a public hearings [sic]. Is anyone would like to discuss PH.1? Anyone in the public. Close the public hearing. Any further discussion among the Commissioners? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. PH.2 RESOLUTION 11-00759 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CONVEYANCE TO LIBERTY CITY Development COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, WITH PARCEL REVERTER PROVISIONS, OF THE CITY OF MIAMI OWNED PARCEL OF LAND LOCATED AT 5899 NORTHWEST 17TH AVENUE,MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION OF ELIZABETH MANOR PROJECT, A MIXED USE PROJECT, AS STATED HEREIN; ALLOWING FOR THE ASSIGNMENT OF THE PURCHASE AND SALE AGREEMENT TO THE PARTNERSHIP TO BE FORMED FOR THE DEVELOPMENT OF THIS PROPERTY; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 11-00759 Summary Form.pdf 11-00759 Notice to the Public.pdf 11-00759 Legislation.pdf 11-00759 Exhibit 1.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. City of Miami Page 30 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 PH.3 11-00760 Department of Community Development PH.4 11-00761 Department of Community Development Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXTEND THE AGREEMENT END TERM DATE, BETWEEN THE CITY OF MIAMI AND NEIGHBORS AND NEIGHBORS ASSOCIATION, INC., FROM OCTOBER 15, 2011 TO OCTOBER 15, 2012, TO ALLOW FOR THE COMPLETION OF THE REHABILITATION AND CONSTRUCTION IMPROVEMENTS OF THE PROPERTIES LOCATED AT 5861 NORTHWEST 17TH AVENUE AND 5841-45 NORTHWEST 17TH AVENUE, MIAMI, FLORIDA, KNOWN AS THE DISTRICT 5 BUSINESS CORRIDOR EXPANSION PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER TWO TO THE EXISTING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID ENTITY, FOR SAID PURPOSE. 11-00760 Summary Form.pdf 11-00760 Notice to the Public.pdf 11-00760 Pre-Legislation.pdf 11-00760 Legislation.pdf 11-00760 Exhibit 1.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACCEPTANCE OF STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") FUNDS, IN THE TOTAL AMOUNT OF $195,957, FOR FISCAL YEAR 2011-2012, FOR THE STRATEGIES UNDER THE CURRENT SHIP LOCAL HOUSING ASSISTANCE PLAN; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF SAID FUNDS. 11-00761 Summary Form.pdf 11-00761 Notice to the Public.pdf 11-00761 Pre-Legislation.pdf 11-00761 Legislation.pdf Motion by Commissioner Spence -Jones, 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 Spence -Jones R-11-0356 George Mensah (Director, Community Development): PH.4. Chair Gort: PH.4. City of Miami Page 31 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 PH.5 11-00762 Department of Community Development PH.6 11-00763 Department of Community Development Mr. Mensah: PH.4 is a resolution authorizing the acceptance of State Housinglnitiative Partnership funds, in the amount of 195,951 [sic], for fiscal year 2011 to 2012, for the strategies under the SHIP (State Housinglnitiative Partnership Program) Local Assistance Plan. Commissioner Spence -Jones: So moved. Commissioner Suarez: Second. Vice Chair Carollo: Second. Chair Gort: Been moved by Commissioner Spence -Jones, second by Vice Chairman Carollo. This is a public hearings [sic]. Anyone would like to testify or speak on this item? It's a public hearing. Anyone would like to speak on it, PH.4? Show none has come forward. Close the public hearing. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE DE -OBLIGATION OF EMERGENCY SHELTER GRANT ("ESG") FUNDS FROM THE 2009 CITY OF MIAMI NEIGHBORHOOD ENHANCEMENT TEAM HOMELESS ASSISTANCE PROGRAM ACCOUNT, IN THE AMOUNT OF $47,907.47, AND THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT 2009 ESG ADMINISTRATION ACCOUNT, IN THE AMOUNT OF $6,972.86, FOR A TOTAL AMOUNT OF $54,880.33; ALLOCATING SAID FUNDS TO THE SUNDARI FOUNDATION, INC., FOR THE LOTUS HOUSE WOMEN SHELTER LOCATED AT 217 NORTHWEST 15TH STREET, MIAMI, FLORIDA, FOR OPERATING COSTS, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 11-00762 Summary Form.pdf 11-00762 Notice to the Public.pdf 11-00762 Pre-Legislation.pdf 11-00762 Legislation.pdf 11-00762 Exhibit 1.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE DE -OBLIGATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, IN THE TOTAL AMOUNT OF $86,352.74, FROM THE AGENCIES SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; ALLOCATING SAID FUNDS TO THE CITY City of Miami Page 32 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT CDBG RESERVE ACCOUNT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 11-00763 Summary Form.pdf 11-00763 Notice to the Public.pdf 11-00763 Legislation.pdf 11-00763 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0357 Chair Gort: PH. 6. George Mensah (Director, Community Development): PH.6 is a resolution authorizing the deobligation of CDBG (Community Development Block Grant) funds, in the total amount of $86, 352.74, from the agencies that were established because they were unable to use their funds. Commissioner Suarez: Move it. Chair Gort: Okay. It's been -- Commissioner Spence -Jones: Second. Chair Gort: -- moved by Commissioner Suarez, second by Commissioner Spence -Jones. This is a public hearing. Is anyone in the public would like to address this issue? Is anyone in the public? Show none come forward, so any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. PH.7 RESOLUTION 11-00764 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Development AMENDMENT NUMBER 3, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT BETWEEN THE CITY OF MIAMI AND BOYS AND GIRLS CLUB OF MIAMI-DADE, INC., EXTENDING THE AGREEMENT END DATE FROM SEPTEMBER 30, 2011 TO MARCH 31, 2012, FOR PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES TO THE HANK KLINE CLUB LOCATED AT 2805 SOUTHWEST 32ND AVENUE, MIAMI, FLORIDA. 11-00764 Summary Form.pdf 11-00764 Notice to the Public.pdf 11-00764 Pre-Legislation.pdf 11-00764 Legislation.pdf 11-00764 Exhibit 1.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 33 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-11-0358 Chair Gort: PH.7. George Mensah (Director, Community Development): PH.7 is a resolution authorizing the City Manager to execute amendment number 3 which seeks to extend the agreement between City of Miami Boys and Girls Club and the City of Miami for the rehabilitation of their building. Commissioner Suarez: Want to wait for the district Commissioner -- Chair Gort: Okay. Commissioner Suarez: -- or --? Chair Gort: It's Boys Club. Commissioner Spence -Jones: Boys Club. Chair Gort: Boys Club. Okay, any -- we'll open up for the public hearing. Is anyone in the public would like to address this issue? Is anyone in the public would like to address this issue? Yes, sir. You're recognized. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. This is a good -- real good program there in the Boys Club, and you know that because you've been there, and your father used to play basketball there and everybody. That's -- you know, that's good program, especially Alex Rodriguez, look at how much money had given to that. Not only the government; we, the taxpayers, the residents that pay. Plus, I used to deliver the mail there, 33133, so I used to see how they work there. Thank you. Chair Gort: You used to be all over the City. You know the whole City well. Mr. Cruz: All over the City. All over the City. Chair Gort: That's right. Mr. Cruz: I even deliver in there -- in Virginia and (UNINTELLIGIBLE). Chair Gort: Let me -- Commissioner Sarnoff.. That's when we had really good mail service. Mr. Cruz: Not anymore, not anymore, not anymore. I move to North Miami. Chair Gort: -- tell you, I'm a product of the Boys Clubs when I was in Shenandoah and it was very good for me. It worked out real good. I think it's a great facility. Anyone else in the public would like to address this? Being none, showing none come forward. Commissioner Sarnoff.. Move it. Chair Gort: Need a motion. Moved by Commissioner Sarnoff -- Vice Chair Carollo: Second. City of Miami Page 34 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 PH.8 11-00774 Department of Parks and Recreation Chair Gort: -- second by Commissioner -- by Vice Chairman Carollo. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE SEALED BIDDING IS NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THAT DELUCCA ENTERPRISES, IS THE MOST QUALIFIED TO CONTINUE TO OPERATE AND MANAGE THE MELREESE GOLF COURSE AND FACILITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH DELUCCA ENTERPRISES TO CONTINUE TO OPERATE AND MANAGE THE MELREESE GOLF COURSE, WITH THE NEW TERMS AND CONDITIONS SET FORTH IN SAID THIRD AMENDMENT. 11-00774 Summary Form.pdf 11-00774 Memo - Auth. Amendment to Agrmt. pdf 11-00774 Memo - Notice to the Public.pdf 11-00774 PSA- First & SecondAmendments.pdf 11-00774 Legislation.pdf 11-00774 Exhibit 1.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones SR.1 11-00428 Department of Building and Zoning END OF PUBLIC HEARINGS ORDINANCES - SECOND READING ORDINANCE Second 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 9, ENTITLED "TEMPORARY BANNERS," CREATING A PERMITTING PROCESS AND REGULATORY SCHEME FOR TEMPORARY BANNERS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami Page 35 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 11-00428 Summary Form FR/SR.pdf 11-00428 Legislation SR (Version 3) 10/13/11.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones SR.2 11-00647 Department of Building and Zoning ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 4/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTIONS 4-2 ENTITLED "DEFINITIONS" AND SECTION 4-11, ENTITLED "EXCEPTIONS TO DISTANCE REQUIREMENTS," TO CREATE THE ORANGE BOWL DISTRICT AND REGULATIONS FOR ESTABLISHMENTS LOCATED WITHIN THE ORANGE BOWL DISTRICT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00647 Summary Form FR-SR.pdf 11-00647 Exhibit 1 FR-SR.pdf 11-00647 Legislation SR (Version 4) 09-27-11.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez Note for the Record: Item SR.2 was deferred to the Commission Meeting scheduled for September 27, 2011. Chair Gort: PH.5, okay. We go to SR.1 -- SR.2. Barnaby Min: Barnaby Min, Zoning administrator. SR.2 is an amendment to Chapter 4 of the City code to establish a district around the Miami Marlins stadium, known as Orange Bowl District, to relax the distance separation requirements for alcohol -related establishments. Vice Chair Carollo: Hold on. We went from PH.7 to SR.2. What happened to PH. 8? We -- Commissioner Sarnoff. Continued. Commissioner Spence -Jones: We continued that. Vice Chair Carollo: Continued. Chair Gort: Continued. Vice Chair Carollo: Sorry. Chair Gort: I'm trying to keep up with all this -- it's not easy. Vice Chair Carollo: No. You got it. I guess we could see we're all a little slow. Mr. Min: And Mr. Chair -- City of Miami Page 36 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Chair Gort: Yes, sir. Mr. Min: -- ifI may. Currently, as drafted, based on communications and briefings we've had, it states that these alcohol -related establishments are not to operate during school hours. I was actually contacted by a representative of the Marlins Stadium yesterday that expressed some concerns, so I just wanted to bring it to the floor, to the Commission's attention. Obviously, there are going to be some baseball games during school hours, so if there is the prohibition for establishments from operating during school hours, that may be a conflict, butt just wanted -- Vice Chair Carollo: Mr. Chairman, could we table this? Chair Gort: Yes. Vice Chair Carollo: Can we table this until --? Chair Gort: Sure. It's second reading. Vice Chair Carollo: Yeah, that's what I'm saying. Chair Gort: You want to table it until next meeting? You want to (UNINTELLIGIBLE)? Vice Chair Carollo: No, no, no, no. We're tabling this for, you know, an hour from now or whenever. You know, whenever we get a little break -- Chair Gort: To get more additional information. Vice Chair Carollo: -- so I could get clarity. SR. 2 is second reading with the Orange Bowl District, sou know, so I just want to see -- make sure we get clarity with it. Chair Gort: No problem. Commissioner Spence -Jones: And Mr. Chairman, if you -- Chair Gort: Yes. Commissioner Spence -Jones: -- don't mind. Commissioner Carollo, I also want to make sure I have clarity I had a few questions on. I do -- I would like to get an update on the leasing of the space and the vendors. I want to just at least have a clearer understanding of where we are with that process as well. Because I know as soon as we start generating income from that, you know, then we'll start, you know -- Mr. Min: Do you want discussion now or would you --? Commissioner Spence -Jones: No. He's saying table it -- Mr. Min: Okay. Commissioner Spence -Jones: But when you table it -- Chair Gort: When you come back. Mr. Min: Sure, sure. Commissioner Spence -Jones: -- then make sure you, you know, at least come back and let us know, well, this is where we are with it. Because I'm sure that from a budget standpoint -- when I City of Miami Page 37 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 got my briefings, I wanted to know are we calculating any of that revenue at all into our budget this year, our upcoming budget, andl didn't get an answer. So I want to be clear. Mr. Min: Yes, ma'am. Commissioner Spence -Jones: Okay. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: Some of that I could answer already, Commissioner Spence -Jones. Commissioner Spence -Jones: Sure. Vice Chair Carollo: We are anticipating that we will generate some revenues, let's say, at least April of next year, which will still be the current -- the year that we're going to be discussing later on today. However, no one thought that it would be prudent to include it in this year's budget because we couldn't calculate estimates or so forth. Andl always side on the conservative side -- Commissioner Spence -Jones: Okay. Vice Chair Carollo: -- andl think so did management, so we all sort of in a consensus decided that the most prudent way to operate is to be conservative and no income -- even though we obviously believe that we will be generating some income. Commissioner Spence -Jones: Okay. Vice Chair Carollo: No income should be put in our budget so we're not in a situation where we're expectingX'amount to come in and then it doesn't come in and then we're in a hole, and we don't have reserves and all that, so -- Commissioner Spence -Jones: No problem. Vice Chair Carollo: -- you know. As a true accountant, I stuck to conservatism, and none of that projected revenues or estimation of revenues or so forth is included in the budget. Commissioner Spence -Jones: In the budget, okay. Chair Gort: Yeah. We're -- excuse me. Can we close the door back there? [Later..] Chair Gort: Okay, any -- District 5, you have any pocket item or any blue page or --? Commissioner Spence -Jones: No, not at all. Chair Gort: Okay. This is the end of this agenda. No? What do we have? Vice Chair Carollo: No. I think -- Chair Gort: Oh, we have the one we tabled. Priscilla A. Thompson (City Clerk): SR. 2 and SR. 3 -- City of Miami Page 38 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Chair Gort: Okay. Ms. Thompson: -- and FR. 6. Chair Gort: SR. 2. Mr. Min: Barnaby Min, Zoning Administrator. I believe Commissioner Carollo indicated it was going to be requested for a deferral. Vice Chair Carollo: Yes. That's -- and that's so you see that, you know, I really don't try to rush anything just to say we passed it or so forth, even with, you know, issues that are, you know, in my district or District 3, you know, unless I have all the answers and we clearly have vetted everything out, you know. I don't believe in rushing anything, so I'm going to ask for a deferral on this item to the September 27 meeting. Chair Gort: There's a motion to defer to the September 27 -- Mr. Min: Mr. Chair. Chair Gort: -- by Vice Chairman -- Mr. Min: IfI may, just to properly advise the Commission. If it is going to be deferred to September 27, I believe the deadline to make any changes and place it on the agenda is tomorrow, so I just wanted to advise you of that. Vice Chair Carollo: I guess we're going to have to meet tomorrow and we 're going to have to discuss it then, correct? Mr. Min: No problem. Vice Chair Carollo: And also, I think Director Francisco Gonzalez -- Mr. Min: Garcia. Vice Chair Carollo: -- Garcia, I'm sorry -- Garcia andl believe Ms. Bravo was also someone that would like in the meeting to make sure we vet everything out. Mr. Min: I'll follow up with your office. Vice Chair Carollo: Thank you. Commissioner Spence -Jones: And Mr. Chairman, I just want to make sure I also get the updates on the retail -- Mr. Min: Yes, ma'am. Commissioner Spence -Jones: -- portion of it. Thank you. Commissioner Sarnoff.. Second. Chair Gort: Okay. It's been moved and second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. City of Miami Page 39 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 SR.3 11-00622 City Commission ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE III/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/OFFICERS/CITY MANAGER", MORE PARTICULARLY BY CREATING A NEW SECTION ESTABLISHING CONDITIONS UNDER WHICH SEVERANCE PAY OR LEAVE MAY BE GRANTED TO UNCLASSIFIED SERVICE PERSONNEL APPOINTED BY THE CITY MANAGER TO POSITIONS HOLDING EXECUTIVE STATUS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-00622 Legislation SR (Version 2) 09-15-11.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez Commissioner Suarez: Mr. Chairman, ifI --? Chair Gort: Yes. Commissioner Suarez: We're tabling this one? Could we table SR.3 as well for the afternoon? Chair Gort: Which one? Commissioner Suarez: SR.3, the next one. Chair Gort: SR. 3. Vice Chair Carollo: I agree. Commissioner Suarez: I need a little bit more time to look at it. Vice Chair Carollo: I agree. Commissioner Suarez: It's a function of the fact that this week l just haven't had enough time -- Vice Chair Carollo: I agree. Commissioner Suarez: -- to really look at it. Chair Gort: (UNINTET,TIGIBT,F). Vice Chair Carollo: Actually, I was actually going to defer it, butl waited. I agree. Commissioner Suarez: I mean, if you think you will need it -- we need it to defer it, we can defer it, but -- Vice Chair Carollo: Let's table it and then -- Commissioner Suarez: Okay. City of Miami Page 40 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Vice Chair Carollo: -- see where we're at. Chair Gort: Table it. We continue to defer this, we're not going to have a meeting today, so -- Vice Chair Carollo: Well -- Commissioner Suarez: We're not going to get into that. Vice Chair Carollo: -- we will have a meeting. Commissioner Sarnoff.. That's not a bad idea. Vice Chair Carollo: We will have a budget meeting. Chair Gort: It's at 5 o'clock, yes. I understand that. Vice Chair Carollo: Yeah. [Later...] Chair Gort: Next. Commissioner Spence -Jones: I believe it's FR.5. Priscilla A. Thompson (City Clerk): SR.3. Vice Chair Carollo: Can we just defer -- Chair Gort: SR. 3. Vice Chair Carollo: -- this on the severance pay? Chair Gort: You want to defer that too? Commissioner Sarnoff.. Second. Chair Gort: It's been moved to defer by Vice Chairman Carollo, second by Commissioner Sarnoff. Any further discussion? Vice Chair Carollo: Twenty-seventh or first week of October? Commissioner Sarnoff.. Whatever you're comfortable with. Vice Chair Carollo: Let's say the first week -- first meeting in October. Commissioner Sarnoff. Okay. Vice Chair Carollo: You're good, Commissioner Spence [sic]? Commissioner Spence -Jones: Yes, I am. Chair Gort: Deferred for the first week [sic] of October. Okay, any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. City of Miami Page 41 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 FR.1 11-00732 END OF ORDINANCES - SECOND READINGS ORDINANCE ORDINANCES - FIRST READING First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING PROVISIONS Clerk FOR EARLY VOTING IN THE CITY OF MIAMI, PURSUANT TO FLORIDA STATUTE §100.3605, FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 1, 2011; DESIGNATING CERTAIN SITES AND TIMES FOR EARLY VOTING; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-00732 Early Voting Sites Memo -SUB FR/SR.pdf 11-00732 Legislation SR (Version 2) 09-27-11.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Gort: Okay. FR.], early voting. Priscilla A. Thompson (City Clerk): Yes. Commissioners, you have before you your first reading ordinance establishing our dates and locations for our early voting. Since we have completed the qualifying process on Saturday, I would -- I've offered a modification to my original memo, which we delivered to your offices yesterday. Originally, we were looking at setting up six early voting sites, and now that we have one district with -- that will not have any voting going on, we are proposing to reduce the early voting sites to five, thereby saving $25, 000. I want you to understand that per the map I sent out, we are still -- we still have those five polling places, strategically located so that anyone who wants -- be voting in Districts 1 and 2 can go to any one of those. So we just want to reduce it by one and save me the $25, 000. Commissioner Sarnoff.. Huge. Commissioner Suarez: Obviously, I agree with that. I just wanted to ask you how much are we saving by virtue of not having an election in District 4, total? Ms. Thompson: All right. As it stands now, our projected estimate -- I'm not going to give you the savings. I can give you the cost. Is that okay? Commissioner Suarez: Yeah, I think that's fine. Ms. Thompson: Okay. So right now with our estimated costs for the election and the early voting sites and a possibility of one runoff okay, for one district, and the $70, 000 for advertising, we're looking at a cost now of only $672, 440. We can't -- I can't give you the exact estimate for the cost for you because I didn't have a breakdown of how much it cost for a District 4 elections [sic], because each district's cost is based on the number of eligible voters for the area. Commissioner Suarez: I got it. Ms. Thompson: Okay. But I can give you the 25,000 on early voting. Commissioner Suarez: Early. And then -- 'cause I remember we had this discussion in the past City of Miami Page 42 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 about how much a district election cost, andl remember it being somewhere between the range of 80 to 120, depending on, like you said, a bunch of different factors, so -- Ms. Thompson: Yes. And -- Commissioner Suarez: Is it fair to say that the savings is somewhere in that range? Ms. Thompson: Somewhere along that range. It might be even a little higher because what we have been experiencing now is with every election, the cost does increase, and that could be for personnel costs, for the administrative costs from the County -- Commissioner Suarez: So -- Ms. Thompson: -- so at least the 80,000. Commissioner Suarez: -- the residents of District 4 are not only wise in choosing their representative, but they're also very, very prudent and fiscally conservative. Chair Gort: You got the -- which ones can be eliminated of the six. Ms. Thompson: The one that we're looking at eliminating would be, according to our map here, the one at Shenandoah. And if you look at the map -- Chair Gort: Gotcha. Yes. Ms. Thompson: Okay. -- everyone else -- Chair Gort: Shenandoah is a (UNINTELLIGIBLE) district. Ms. Thompson: -- is covered. Chair Gort: Yeah. Ms. Thompson: Everyone can push into that area. They're at the tail end. So that was the one that we elected to try to eliminate, the one at Shenandoah. Chair Gort: Okay. Right. Okay. Thank you. Do I have a motion? Commissioner Spence -Jones: So moved. Vice Chair Carollo: Second. Chair Gort: It's been moved by Commissioner Spence -Jones, second by Commissioner Carollo. Ms. Thompson: Andl do need to open up public hearing. Chair Gort: Public hearings [sic]. Anyone in the public would like to address it? Is anyone in the public? Being none, close the public hearings [sic]. All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Ms. Thompson: We need to read the title. City of Miami Page 43 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 FR.2 11-00765 Department of Planning FR.3 11-00708 Vice Chair Carollo: It's an ordinance. I think -- Chair Gort: Yes. Vice Chair Carollo: Right. Julie O. Bru (City Attorney): Sony. The Ordinance was read by title into the public record by the City Attorney. Chair Gort: Roll call. Ms. Thompson: On our roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. Chair Gort: Thank you. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," AND CHAPTER 62, ENTITLED "ZONING AND PLANNING," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE PARTICULARLY BY DELETING LANGUAGE IN CHAPTER 2 AND ADDING AND UPDATING LANGUAGE IN CHAPTER 62; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00765 Summary Form.pdf 11-00765 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones ORDINANCE WITHDRAWN 11-00708 Item Withdrawn.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones FR.4 11-00775 Department of Building and Zoning ORDINANCE Draft First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I /SECTIONS 10-4 AND 10-5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/IN GENERAL', IN ORDER TO CHANGE THE SCHEDULE OF FEES, AND WAIVED FEES RELATED TO THE PROCESSING AND ISSUANCE OF BUILDING PERMITS; City of Miami Page 44 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 FR.5 11-00776 Department of Finance FR.6 11-00803 Office of the City Attorney CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00775 Summary Form.pdf 11-00775 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE IX/DIVISION 2 ENTITLED "FINANCE/FINANCIAL POLICIES/FINANCIAL INTEGRITY PRINCIPLES" BY MODIFYING THE FINANCIAL INTEGRITY PRINCIPLES TO INCREASE THE AMOUNT OF TIME THE CITY OF MIAMI HAS TO ADOPT A PLAN TO ACHIEVE THE PRESCRIBED LEVEL OF RESERVE FUNDS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-00776 Summary Form.pdf 11-00776 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING THE DEPARTMENTS OF THE CITY OF MIAMI AS SET FORTH AND FUNDED PURSUANT TO RESOLUTION NO. , ADOPTED , AND PURSUANT TO SECTION 19 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, ENTITLED "CREATION OF NEW DEPARTMENTS; DISCONTINUANCE OF DEPARTMENTS;" CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-00803 Memo - Office of the City Attorney FR/SR.pdf 11-00803 Legislation FR/SR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Gort: FR.6. My understanding, FR.1 to FR.5's been deferred. FR.6. Commissioner Spence -Jones: Somebody from the -- Chair Gort: FR.6. Julie O. Bru (City Attorney): Okay. City of Miami Page 45 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Vice Chair Carollo: Is this a presentation for FR. 6 or --? No? Ms. Bru: FR.6 is an ordinance that we place before the Commission every year to adopt the departments -- to actually establish the departments that are being funded pursuant to your budget resolution. So I believe the Manager would explain whether or not this -- this is for fiscal year 2012, correct? -- whether for fiscal year 2012 there's going to be the recommendation of the creation of any new departments or abolishing any existing departments. This is first reading. That's why -- you know, we -- it's because our charter requires that departments that are created or abolished or consolidated be approved by ordinance, and we used to do it -- we used to do a combination. When we adopted our budget, it was adopted by ordinance. It was one resolution -- one ordinance that adopted both the budget and established the departments. When we changed the method of adopting the budget and went with a resolution, we have to do a separate ordinance that establishes the departments. So -- Chair Gort: In other words -- Ms. Bru: -- on second reading, what will happen is that this second reading ordinance will then incorporate the resolution that funds the departments, and they will be established pursuant to the charter. Chair Gort: Okay. Questions. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: I understand the theory behind this and what the Administration is trying to do, and it's so that if we approve the budget and in that budget there's monies for a department that hasn't been approved by this Commission, then we have this ordinance to do the first reading and then at the second budget hearing -- or the second Commission meeting, prior to the budget hearing, you know, adopt it. However, it appears from the Manager nodding his head that there's going to be -- or they're recommending the creation of no new departments, and therefore, this ordinance is not really applicable for this year. Am I correct? Johnny Martinez (City Manager): I think so. I just don't know if folding in like the Hearing Boards under the Planning and Zoning Department requires this. I don't think so. And the -- it does? Okay. Ms. Bru: Yeah. Last year, for whatever reason, the ordinance was not voted on. And to the extent that there have been departments that have been consolidated or folded into and merged, you should have this year to clean this up. You should adopt your ordinance. And on second reading, once you have your budget where you fund each department this, this would now be in accordance with our charter, and the departments would be properly established. Chair Gort: And my understanding is -- in my interpretation of what you're telling us is any changes of any department will have to be approved by the City Commission. Am I correct? Ms. Bru: If you're going to consolidate a department, yes, and it has to be approved by this Commission. Chair Gort: Okay. Ms. Bru: Or create a department or abolish a department. City of Miami Page 46 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Chair Gort: Right. Okay. Any -- yes, sir. Vice Chair Carollo: Mr. Chairman. Yes. Chair Gort: Yes. Vice Chair Carollo: I need clarity with regards to Planning and Zoning and the changes and so forth. So you know, I hate to say it, but can we table this? Since it is an ordinance, I believe we need first and second reading. So I don't know if we could really defer this with regards to, you know, our budget. So can we at least table this so I could get clarity and see exactly what changes from what departments and so forth? Ms. Bru: I think it makes sense to do it after you review your budget and you see what the departments are that are being funded, what changes are being made, if any, so we could table it till after the budget, and then take it up at that time. Vice Chair Carollo: And question. Chair Gort: Okay. Vice Chair Carollo: It's my understanding that we do not have to vote on the budget today, correct? The actual vote is next -- Mr. Martinez: Twenty-seventh. Chair Gort: Twenty-seventh. Vice Chair Carollo: -- but we will be discussing it -- Ms. Bru: Well, you actually vote on a tentative budget. Yes, you vote. Vice Chair Carollo: So today we actually do a vote on --? Ms. Bru: On a tentative budget. Vice Chair Carollo: That was not my understanding or what I was told. Ms. Bru: Okay. It is in the statue. You vote on a tentative vote. It's not a final budget; it's a tentative. You vote on a tentative millage rate and a tentative budget. Chair Gort: And it can be changed on -- for the second reading. Vice Chair Carollo: That's not how I understood it. Is it fair to say, can we at least table this? Let's table this -- Chair Gort: Yeah, sure. Vice Chair Carollo: -- and you know, we'll have clarity later, 'cause that's not how I understood it, and I think Commissioner Suarez is -- Commissioner Suarez: No. I thought -- my understanding was that the way that we did it was decent from the County, or the County did it by ordinance, which required two readings, and we did it by resolution, which only required one. That was my understanding, but I could be wrong. I don't know. City of Miami Page 47 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Ms. Bru: Your budget process requires two hearings. Commissioner Suarez: Right. Ms. Bru: You have to have two hearings. Vice Chair Carollo: Right. Commissioner Suarez: Right. Ms. Bru: And at the first hearing, you adopt a tentative budget -- Commissioner Suarez: Okay. Ms. Bru: -- based on the tentative millage rate that you have approved. And on the second hearing, you adopt the final millage rate and the final budget. Vice Chair Carollo: Okay. Question, what's the purpose of adopting a tentative budget? Does it have -- does it hold any weight whatsoever? Ms. Bru: Simply just what the law says. It's simply what the statute says, the action that's taken. Vice Chair Carollo: Okay. At the very least, can we table this and --? Chair Gort: Sure. Vice Chair Carollo: I want to make sure -- clarity. Chair Gort: I think we all agree to do it after -- Vice Chair Carollo: I want to look at the -- at exactly what the law says and so forth. Chair Gort: We'll say we're going to take it after the budget hearing this afternoon. Okay, next is -- seven has been taken out. [Later..] Chair Gort: Commissioner Spence [sic], your five minutes? Commissioner Spence -Jones: No. I don't have -- yes. (UNINTET,TIGIBT,F). Vice Chair Carollo: Mr. Chairman. Chair Gort: Yeah. Vice Chair Carollo: I think we have FR. 6 -- Priscilla A. Thompson (City Clerk): Six. Vice Chair Carollo: -- left, which is establishing departments, which, again, I -- you know, I've been told that for the past year, you know, there was a consolidation of departments and they've been operating like this, but they've never received our approval. Now consolidation of departments usually is the way it should be because of economies of scales where two departments, you know, merge into one. Usually one or two people are either retiring or let go, and then there's no additional director not rehired or so forth. But anyways, the bottom line is City of Miami Page 48 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 that the Hearings [sic] Boards is now under Planning and we need to approve that. We have nothing in front of us. I don't know how we're going to address this. It needs two readings, so if City Attorney or the Manager -- Ms. Bru: I have a suggestion. I suggested to my deputy that we look in Legistar to see what departments were established by ordinance not last year because we didn't do it last year, but the prior year to see when was the last time that this Commission by ordinance established the departments. And if there's not going to be any change in the budget that's being adopted for 2012, then you don't need to take any action. Now we -- there was an alleged department last year that I don't know what happened, but I guess that's no longer being funded as a department in 2012, correct? So I mean, we have that issue out there that's kind of like neither here nor there, but we're here to consider the departments that are going to be funded in 2012. And if there's no new departments, no departments being abolished, no departments being consolidated from what was last approved by this Commission by ordinance probably back in '09, then we don't need to take action. So we can do the research now and before the end of the night, we'll get back to you. Chair Gort: Okay. Commissioner Spence -Jones: So we're going to take --? Are we done? Do we need to officially close out, Madam Clerk, on this? Ms. Thompson: The ques -- that is going to be my question. If you're going to -- Vice Chair Carollo: We have to recess. Ms. Thompson: -- do the research now and we're coming back for FR. 6, then we need to recess this meeting because you will have to come back. You have two separate agendas, one for your regular agenda and one for your budget hearing. So we've got -- if you're coming back to it, we'll have to recess and come back after they get the reports. Chair Gort: Motion to recess. Vice Chair Carollo: I don't -- Ms. Thompson: You don't -- Vice Chair Carollo: -- we don't need a motion. Commissioner Spence -Jones: Do we need a motion? Chair Gort: You need a motion? Ms. Thompson: No. Vice Chair Carollo: We don't need a motion to recess. Ms. Bru: You could also continue the item to the budget hearing that's going to start now, so -- I mean, whichever way. It doesn't -- Vice Chair Carollo: Whatever you like. Chair Gort: Recess and we'll take it up later with the budget, okay. Commissioner Spence -Jones: How many minutes, Mr. Chairman? Five minutes? City of Miami Page 49 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Chair Gort: You want to take a recess, right? Commissioner Spence -Jones: Okay, all right. Can we get a time? Coming back in 10 minutes? Chair Gort: Five minutes for sure. Commissioner Spence -Jones: Five minutes. Yes. Chair Gort: Five minutes. Vice Chair Carollo: Come on. Chair Gort: Five minutes. Vice Chair Carollo: No. You need more than --? Oh, to 6 -- it was a suggestion to 6 o'clock. That's only like -- okay, 6 o'clock. Mr. Chairman, you don't seem too confident -- Commissioner Sarnoff.. Six o'clock. Chair Gort: Six minutes. Commissioner Sarnoff.. If you're not here at 6, you buy dinner. Chair Gort: Right. Commissioner Spence -Jones: All right. Chair Gort: You heard that. Who's not here by 6, they buy dinner. [Later... Chair Gort: Okay, we're ready. FR.3, am I correct? Ms. Thompson: No, FR.6. Chair Gort: FR.6. Ms. Thompson: FR.6. Chair Gort: Excuse me. FR.6. Ms. Bru: Mr. Chair, we did check to see whether or not it would be necessary for this fiscal year to consider the ordinance adopting departments and, indeed, yes, there's been some changes. So it would be in order now for you to adopt this ordinance. This ordinance would incorporate by reference a resolution that you adopted earlier tonight. And then on second reading when you do your final -- you adopt your budget, it would then incorporate that resolution and you would have established your department. So if you want to open up the public hearing. Chair Gort: Thank you, ma'am. Anyone would like to come forward on this item? Is anyone --? Showing no, close the public hearing. Do I have a motion? Commissioner Sarnoff.. So move. Chair Gort: It's been moved by Commissioner Sanroff, second by Commissioner Suarez. Any City of Miami Page 50 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 further discussion? Ms. Bru: Okay, so this is an -- Chair Gort: Roll -- read it. Commissioner Sarnoff. On first reading. It's first reading. Ms. Bru: This is first reading. Commissioner Sarnoff. It's on -- Chair Gort: Departments. Commissioner Sarnoff. -- departments. Chair Gort: To open and close departments. First reading. Ms. Bru: On first reading. And the Clerk will provide that number because it's a resolution that you adopted earlier tonight. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Roll call. Chair Gort: Roll call. First reading. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: Yes, on first reading. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: Yes, on first reading. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff. Yes, but only on first reading. Ms. Thompson: And then Chair Gort? Chair Gort: Yes. Ms. Thompson: The ordinance has been passed on first reading, 5-0. Chair Gort: Thank you. Do I have a motion to adjourn? Commissioner Sarnoff. So move. Vice Chair Carollo: So move. Chair Gort: Thank you, and you all have a good evening. City of Miami Page 51 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 FR.7 11-00810 Department of Fire -Rescue FR.8 11-00811 Department of Fire -Rescue RE.1 11-00709 Department of Fire -Rescue ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER III, ARTICLE 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALARM SYSTEMS/FIRE ALARMS", MORE PARTICULARLY BY CREATING SECTION 3-61, ENTITLED "REGISTRATION AND RENEWALS", SETTING FORTH THE FEES AND REGISTRATION FOR FIRE ALARM RENEWALS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-00810 Summary Form 10/13/11.pdf 11-00810 Pre-Legislation.pdf 11-00810 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 19 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FIRE PROTECTION", MORE PARTICULARLY BY AMENDING SECTION 19-9, ENTITLED "SPECIAL OFF -DUTY FIRE -RESCUE SERVICES", TO DIRECT TEN (10%) PERCENT OF CERTAIN MONIES COLLECTED PURSUANT TO OFF -DUTY SERVICES, FOR THE PURCHASE OF ADDITIONAL OR REPLACEMENT EQUIPMENT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00811 Summary Form.pdf 11-00811 Pre-Legislation.pdf 11-00811 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A GRANT AWARD, IN THE AMOUNT OF $599,999.99, FROM THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT, WITH A REQUIRED MATCHING FUND FROM THE CITY OF MIAMI ("CITY"), IN THE AMOUNT OF $2,153,804.55, FORA TOTAL AMOUNT NOT TO EXCEED $2,753,804.54, FOR THE SAN MARCO ISLAND STORM SEWER PROJECT, PROJECT NO. LPDM - 2010-006; ALLOCATING THE CITY'S REQUIRED MATCHING FUNDS, FROM CAPITAL IMPROVEMENT City of Miami Page 52 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 PROGRAM PROJECT NO. B-30588 SAN MARCO ISLAND DRAINAGE IMPROVEMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FEDERALLY FUNDED SUBGRANTAGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND COMPLIANCE OF SAID GRANT. 11-00709 Summary Form.pdf 11-00709 Legislation.pdf 11-00709 Exhibit 1.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0359 Chair Gort: First reading 7. First reading 8 has been taken out. RE.1 has been taken out. RE.2. Commissioner Suarez: I thinkRE.1 is still in. Commissioner Spence -Jones: RE.1 is still in, I thought. Chair Gort: RE.1 was taken out. Priscilla A. Thompson (City Clerk): No. Commissioner Spence -Jones: Oh, it was? Ms. Thompson: No. It's still there. Chair Gort: I have it as -- Ms. Thompson: No. That was SR.1. Commissioner Suarez: RE.2 was deferred. Chair Gort: Okay. Yes, sir. Albert Sosa: Albert Sosa, director of CIP (Capital Improvements Program). RE.1 is an item to accept the FEMA (Federal Emergency Management Agency) grant for the San Marco project and -- San Marco and Biscayne Drainage project. It's a FFJvL4 grant that we applied as part of the Fire Department -- through the Fire Department, applied to the L-PDM (Legislative Pre -Disaster Mitigation) grant source. And it serves to supplement the existing funding on that project, the existing funding on that project to accomplish the much -needed drainage improvements on San Marco and Biscayne Islands. Chair Gort: Okay. Thank you. It's a resolution. Discussion. Commissioner Sarnoff.. So moved. Chair Gort: Questions? Moved by Commissioner Sarnoff -- Commissioner Suarez: Second. City of Miami Page 53 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 RE.2 11-00751 Department of Capital Improvements Program RE.3 11-00752 Chair Gort: -- second by Commissioner Suarez. 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), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 6 TO THE CONSTRUCTION MANAGER AT RISK AGREEMENT ("AGREEMENT"), WITH SUFFOLK CONSTRUCTION COMPANY, INC., FOR THE STADIUM SITE PARKING PROJECT, IN SUBSTANTIALLY THE ATTACHED FORM, TO REMEDY THE STRUCTURAL DEFICIENCIES WITHIN THE FOUR PARKING GARAGES CAUSED BY DESIGN ERRORS OR OMISSIONS, INCREASING THE AGREEMENT BY $2,500,000, FROM AN ORIGINAL $73,000,000, TO A TOTAL NOT TO EXCEED GUARANTEED MAXIMUM PRICE OF $75,500,000; ALLOCATING SAID FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. B-30648. 11-00751 Summary Form.pdf 11-00751 Letter - Structural Deficiencies.pdf 11-00751 Letter - Miami Marlins Ballpark.pdf 11-00751 Pre-Legislations.pdf 11-00751 Risk Agrmt.with Suffolk Contruction.pdf 11-00751 Legislation.pdf 11-00751 Exhibit 1.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Office of Strategic Planning, Budgeting, and Performance Note for the Record: Item RE.2 was deferred to the Commission Meeting scheduled for September 27, 2011. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO THOSE LISTED IN RESOLUTION NO. 11-0310, ADOPTED JULY 28, 2011, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 11-00752 Summary Form.pdf 11-00752 Legislation.pdf 11-00752-Exhibit 1-SUB.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0360 Note for the Record: Items RE.3 and RE.11 were discussed together. City of Miami Page 54 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Albert Sosa: The next item, RE.3. Again, Albert Sosa, director of Capital Improvements. RE.3 is our standard appropriations item where we appropriate new funding sources for projects and we also internally move funding sources between projects. In this case I believe there will be two floor amendments presented on this item. Commissioner Sarnoff. Yes, sir. Mr. Chair, can I -- Chair Gort: Yes, sir. Commissioner Sarnoff. -- be recognized? First, I'd like to hear this in concert with RE.11, because there is a -- this is the funding source for RE.11. I need to make the following amendments. I need to transfer $150, 000 from the V rrick Park new pool facility B-358538 -- I'm sorry -- 3A, award number 1368 Homeland Defense Series to Virrick Park gymnasium improvements, B35853B. Equally, I need to transfer $336, 744.99 from the Ademar and Davis Canal Dredging project, B number 50680, award number 1124, Stormwater Utility Trust fund, to the Belle Meade Storm Sewer project, phase II, B number 50672; and finally, transfer $75, 000 from the Miami [sic] Marina Emergency Piers Repair, B number 30325, award number 1457, Homeland Defense Series I and II interests, to Little River Waterfront Park, B number 50722. Chair Gort: Okay. As part of the resolution. Commissioner Sarnoff. Yes, sir. And I'd like to have the conversation equally geared towards RE.11, and just show the Commission, ifI could. This is the acquisition of what we colloquially call Manatee Park. It actually will be named Manatee Bend Park. The good news is this is more than an acre and a half of park that is directly on the land. This abridges District 2, along with District 5. I could try to describe the park to you, but I'm much better off showing you what the park looks like. This park is along the Little River. It is probably a very undisturbed piece of property. The good news for the fiscally conservative, this will not involve City ofMiami general fund money. The two funding sources for this come from Florida Inland Navigation District, which is FIND (Florida Inland Navigation District) money that we colloquially call it. That money is a 25 percent towards the acquisition. The other money comes from the Bayside Foundation. Bayside Foundation Trust was created when they put Bayside out there to allow us to acquire riverfront and/or waterfront property. And this is part of acquisition that has been approved by the State for this particular section. We're going to need to do some work with -- that happen to be a manatee, which is pretty cool. We're going to have to do a little bit of the -- I forget what they call it -- the river wall. Madeline Valdes (Director, Public Facilities): Seawall improvements. Commissioner Sarnoff. Seawall. Thank you. Chair Gort: Seawall. Commissioner Sarnoff. I guess it's called a river wall actually 'cause it's not on the sea. But the river -- the seawall, so to speak, and some of the stairs. The only concern some Commissioners might have is -- and it's a pretty self-evident park. I do have the requisite money to do the improvements, and along with FIND. And the good news is FIND gives you half of the seawall improvements, which is the -- not expensive, because none of the stuff we're talking about is expensive. But will put a fence up, will put some -- boy, talk about being tired. I apologize. -- some benches out there. But I will make this commitment to this Commission. I will not spend any Park's money on this park and the maintenance of it. I have decided to give $5,220 back to the City ofMiami from my salary, as I did last year, and that money is going to be ample enough to take care of this park. So this will come directly from my office fund. It will come directly from my compensation. And like I said, I did that last year. I took, percentagewise, a larger City ofMiami Page 55 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 percentage hit than any City ofMiami employee has last year, and I'll do it again this year. And that is where the money will go, to the maintenance of this park. So I would move RE.3. Commissioner Spence -Jones: Second. Chair Gort: It's been moved and -- Commissioner Sarnoff, second by Commissioner Spence -Jones. Discussion. Commissioner Spence -Jones: Yes. I just have -- Chair Gort: Yes. Commissioner Spence -Jones: -- a quick discussion on it. Definitely, love the Manatee Bend Park. I know that we -- our districts kind of touch there. As a matter of fact, that's one of the things that I was wanting to kind of work on when I left the last time, because I believe that community is Oakland Grove -- that particular Oakland Grove Park. There's a lot of manatee -watching that goes on in that park, in that particular community. So I definitely would like to partner with you, Commissioner Sarnoff, to figure out a way for us to also support that other area for Oakland Grove Park because it is the manatee -watch area where people actually go and check it out, and it's one of our City parks. But it's -- it truly needs some upgrades as well. So I definitely would like to see how we can explore -- I don't know if you're going to be going after -- the Administration's going to be going after additional grants, but I would like to see it expand from one section to the next. And then I just have a quick question on the Bayside Foundation. And again, that was another issue that I was fighting for when I sat on the dais . There was dollars that was accumulated from the trust fund and, for whatever reason, we never knew really what happened with it, but I'm assuming you got to the bottom of it. Commissioner Sarnoff. That was -- yeah, you're right. We -- the Bayside Foundation Trust and the Bayside Foundation had not sat as a legitimate board in probably five years, yet the Bayside Foundation CEO (Chief Executive Officer), if you will, was receiving his six figure compensation. And don't want to divulge anyone's investigations, and don't want to be mysterious; it is being investigated. Commissioner Spence -Jones: Okay. Commissioner Sarnoff. But they had to find five different bank accounts, and they have amassed a little over $1, 700, 000, with approximate $400, 000 still missing. So that -- Commissioner Spence -Jones: All this happened while I was gone. Commissioner Sarnoff. Well, it was happening while we were here. We just didn't know what was going on 'cause -- Commissioner Spence -Jones: Oh, okay. Commissioner Sarnoff. -- because nobody was reporting to us. The Bayside Foundation was a foundation that was created essentially when the -- I think it was viewed years ago -- and my history's not great. Commissioner, you might know better than me. Commissioner Spence -Jones: Yeah. Commissioner Sarnoff. But when they put Bayside out there, they obviously obstructed the waterfront with a commercial venture. And the Bayside Foundation was formed to take some of the rent, if you will, paid to the City, and put it in a trust so that we could procure more in additional waterfront land. But there was more to it than that. I think Commissioner Gort knows City ofMiami Page 56 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 this. Chair Gort: IfI remember correctly, part of the agreement was they had to put X'amount of money, and that was money has to be used to buy the land. There was -- the waterfront land and navigated land. So that's -- there's still funding in there. And my understanding is, there should be about one point -- apart from the other trust, this is a different type of trust, andl believe there's still about one point some million dollars left. And what it is, you can use that money to buy land (UNINTELLIGIBLE) navigated water (UNINTELLIGIBLE) within the land. They have access to water. Commissioner Spence -Jones: Okay. 'Cause the one thing know -- andl don't have -- I can't remember everything about it, but I did attend a few of the meetings just to sit in the audience with the board, because I was very concerned at the time of there being money generated. Andl know that the late Commissioner Art Teele, to my understanding from the research that I did on it -- and I think that was during your tenure, might have been, Commissioner Gort -- Chair Gort: Yes. Commissioner Spence -Jones: -- that not only was this supposed to be used for parkland, but it was also supposed to be used for minority -based businesses or small businesses. And my concern during the time wasn't necessarily about parkland, which I'm glad you're able to use it for that as well, but to also make sure that if it was intended for -- the other part of the intended use actually happened, so part of my challenge with many of the board members, which I'm sure I probably ruffled a few feathers, was I've really felt that if the intentions were to make sure it went to businesses, that we found a way to make that happen, and I'm sure since we're now -- and that's why -- that brings me to the next part of this question, because definitely if you can use some -- Chair Gort: There's two different trusts. Commissioner Spence -Jones: Right. Commissioner Sarnoff. Yeah, right. And that's what I meant -- Chair Gort: There's two different trusts. Commissioner Sarnoff. -- andl should have clarified, and that's what they came over to tell me. There's the Bayside Foundation and then there's the Bayside Foundation Trust. This is coming from the trust dollars. These monies are only dedicated for the acquisition of new park space on waterfront property. The Bayside Foundation is the foundation that is being investigated, and that is the -- andl don't want to -- I did not mean to offend any Bayside Foundation Trust people, nor do I mean to offend the Bayside Foundation folks either, because it's a bunch of good people that really have just taken over. That is the foundation that has the minority business charge that we had to go -- they had to go and find the money in the various bank accounts and had not sat as an organization for more than five years. Commissioner Spence -Jones: Okay, so two separate things. Commissioner Sarnoff. Yes. Commissioner Spence -Jones: So on my -- I guess that's why Madeline is standing up. I do -- I would like to at least make sure, one, I would -- if we can partner on the trust side of it to assist that other manatee watching -- watch area, I would love to see if we could do that, and let me know what we must do. And my office and Neil can follow up on that. But the second part of it, Mr. Manager, I would like for us to also explore some additional opportunities for the businesses City of Miami Page 57 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 or for us to utilize some of those resources, especially since we're having a shortfall already on our budget, but maybe there's some way that we can balance some of it off without losing, you know, the services that we provide for, you know, our small businesses in our community. I feel that that's something that we should try to do. So, Madeline or Mr. Manager, if you can let me know what steps we should take in order to make that happen, I would greatly appreciate that. Chair Gort: The -- like I stated before, there's two different trusts, and believe me, we've looked at the one about the -- see if we can use it within District 1 to buy parks, but unfortunate, we didn't have any waterfront land that we could buy for it. But at the same time, the Bayfront Park, the new board members and new executive director, they had really given out loans to small businesses, which it was the reason it was created for. At the same time, they will able to provide scholarship for kids to be able to go to university and pay for it. So my congratulations to Dan; they've done a great job. Any further discussion? Commissioner Suarez: Yes. Just real quick, Mr. Chairman. Chair Gort: Yes, sir. Commissioner Suarez: I just want to congratulate, you know, all of us here and the Administration for their work on this park. I think we have done -- we've put such an emphasis on acquiring parkland since we got here, andl don't know how or why some people in the public don't understand that. I mean, it's -- it is -- it really has been a focus of this Commission from the momentl got here. And it's been such an honor for me to learn so much from Commissioner Sarnoff and his efforts to acquire and develop parkland. I mean, it really is the treasure that we give back to our community. And so for me, it's just an honor to be able to vote on this matter. Commissioner Sarnoff. And Commissioner Suarez, I could just tell you, ironically, I attended a debate last night and was severely criticized by all my opponents for the acquisition of this park, for the acquisition of 1814 Brickell Park, and for the improvements to Kennedy and the other parks down on Douglas Park that you've seen as considering it an absolute waste of taxpayer money. Commissioner Suarez: That's tragic. Commissioner Sarnoff. Andl want everyone in the audience to know this. This money is dedicated and earmarked for the acquisition of parks. You're not going to hire a fireman. You're not going to hire a police officer. You can't hire a school teacher. And if you think that's wrong, then you need to go to Tallahassee and change the law. Commissioner Suarez: And we're also using FIND money as well. Commissioner Sarnoff. Correct. Commissioner Suarez: So -- I mean, and that's dedicated only exclusively, and that's a tax line item on people's tax bill that's exclusively dedicated to shoreline restorations and acquisitions of parkland. Chair Gort: Let me tell you. When you look at those pictures, we got so many beautiful places within the City ofMiami that people are not aware of it. I mean, this is going to be a beautiful park -- Commissioner Suarez: It's exciting. Chair Gort: -- and it's something we need to create in some other places. Yes, sir. City ofMiami Page 58 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Vice Chair Carollo: Mr. Chairman, and l just want to clam. Parks within the waterway. Commissioner Spence -Jones: Yes. Vice Chair Carollo: Okay. So it just can't be parks anywhere in the City of Miami. Commissioner Sarnoff. Right. Vice Chair Carollo: It has to be parks within the waterway. Commissioner Sarnoff. You have a spot, by the way, you might be able to -- Commissioner Spence -Jones: And can I ask -- is it just for the purchasing of the land, but it's also to enhance to parks that we have? Commissioner Sarnoff. I don't -- can it be enhancement? I don't know. I don't -- Ms. Valdes: Madeline Valdes -- Chair Gort: No. Ms. Valdes: -- Department of Public Facilities. The monies can be used for acquisition first and then for any improvements necessary to improve the property acquired, but first you must acquire the property. Commissioner Spence -Jones: But if we already have the property? Ms. Valdes: You can't use it for property that's existing. Chair Gort: Right. Ms. Valdes: You must acquire. Commissioner Spence -Jones: Okay. No problem. Ms. Valdes: And for another correction, the money is set aside by the City of Miami from Bayside, so it's an account sitting in our coffers. Commissioner Spence -Jones: And what is it -- Ms. Valdes: We have a million five in there. Commissioner Spence -Jones: A million five. Ms. Valdes: Yes. Commissioner Spence -Jones: Okay. But we've already spent some of it out, right? Ms. Valdes: This is going to be about 600 here. Commissioner Spence -Jones: So we'll have half -- Commissioner Sarnoff. No, no, no. Commissioner Suarez: No, no, no, no, no, no, no, no. Yeah. City of Miami Page 59 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Ms. Valdes: So from the 600 -- Commissioner Suarez: Yeah. Ms. Valdes: -- only -- Commissioner Suarez: Half. Ms. Valdes: Let's see. -- only 75 percent is going to be towards the acquisition, so there would be 482, 500. Commissioner Spence -Jones: That's spent out of it already? Ms. Valdes: That's correct. That will be spent for this acquisition. Commissioner Spence -Jones: Okay. So we still have a little more just to do some enhancements? Chair Gort: There's (UNINTELLIGIBLE) there. Ms. Valdes: That's correct. Commissioner Spence -Jones: Okay. Chair Gort: Okay. Thank you. You want speak or --? Commissioner Sarnoff. I move this. Chair Gort: Yeah. Commissioner Suarez: Second. Chair Gort: It was moved already and seconded. Ms. Thompson: Yes. Chair Gort: It was moved by -- Ms. Thompson: And it is modified. Chair Gort: Yes. Mr. Sosa: Mr. Chairman, ifI may. We want to introduce -- Commissioner Spence -Jones: Yes. Mr. Sosa: -- one more floor amendment. Commissioner Spence -Jones: Mr. Sosa wanted me to also just make mention of another item that actually have on here, which is 7th Court, and we're asking -- he's asking -- Mr. Sosa: I would like to read a floor amendment to RE.3, in addition to the ones read by Commissioner Sarnoff. We want to remove the transfer of 342,500 from D5 (District 5) miscellaneous street maintenance to -- I'm sorry, B number 30615, award number 1368, to City of Miami Page 60 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 RE.4 11-00753 Department of Capital Improvements Program Northwest 7th Court, D5 B30610. Thank you. Chair Gort: Okay. Any further 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 AN INCREASE TO THE CONSTRUCTION CONTRACT WITH LINK CONSTRUCTION GROUP, INC., FOR THE RENOVATION OF THE MIAMI GREEN LAB PROJECT, B-30652; INCREASING THE TOTALAWARDAMOUNT BY $100,000, FORATOTAL NOT TO EXCEED AWARD AMOUNT OF $985,225, FOR ADDITIONAL WORK CONSISTING OF STRUCTURAL REINFORCEMENT AT THE WALL OPENINGS OF THE WINDOWS, STRUCTURAL REPAIRS TO THE ROOF, ADDITIONAL REHABILITATION TO THE BUILDING'S POWER SERVICE AND PLUMBING, AND OWNER REQUESTED CHANGES FOR THE MILLWORK AND HVAC SYSTEM TO ACCOMMODATE A COMPUTER LAB; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; ALLOCATING FUNDS FOR SAID INCREASE, FROM CAPITAL IMPROVEMENTS PROJECT NO. B-30652. 11-00753 Summary Form.pdf 11-00753 Renovation - Miami Green Lab.pdf 11-00753 Legislation.pdf 11-00753 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez Chair Gort: RE.4. Albert Sosa: Albert Sosa, director of Capital Improvements. RE.4 is a resolution to approve an amendment to the construction contract with Link Construction related to the renovation of the Miami Green Lab project. This resolution authorizes the City Manager to increase the total award amount to the contractor for an amount -- for $100, 000, for a total amount not to exceed $985,225. Basically, the extent of the renovations that were required of this project became better known once the rehabilitation began and the actual demolition for the windows and the roof got underway. As those improvements got underway, it was noticed that the building was lacking in some of the reinforcing around the windows and also the roof was -- had deteriorated over time to the point that it needed greater improvements. That combined with some other minor issues in different parts of the building -- and they're pretty germane in -- or standard when dealing with buildings of this age and in that condition. You know, additional work was required to accomplish the rehabilitation. And that is the -- where the $100,000 increase comes into play. It should be noted that this project is 100 percent grant funded. It's a grant from Home Depot for $500, 000, and the balance of the project is funded by Department of Energy ARRA (American Recovery and Reinvestment Act) grant, specifically for energy -efficient building improvements. Vice Chair Carollo: Mr. Chairman. City of Miami Page 61 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 RE.5 11-00421 Office of Strategic Planning, Budgeting, and Performance Chair Gort: Thank you. Yes, sir. Vice Chair Carollo: I was going to defer this in the beginning of the meeting. However, I purposely chose not to defer it then. I have mentioned in the past as far as projects within my district and the communication. I just found out two days ago -- andl guess I could have seen the agenda three or four days prior to that and see it there. However, again, the communication is not there. I've mentioned -- it's not the first time I've mentioned this with regards to CIP (Capital Improvements Program). So I respectfully request that we defer this until could have a briefing and see exactly any overruns or -- I don't know what's the technical word, but the point that want to make is that want to be totally briefed on this project; why there needs to be a change order. And again, I respectfully request for my colleagues to defer this until, you know -- Commissioner Sarnoff. So move. Commissioner Spence -Jones: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Spence -Jones. Vice Chair Carollo: And to the first meeting in October. Chair Gort: Okay. Any further discussion? Being none -- Vice Chair Carollo: The only other thing that I want to say is, you know, I ask that, please that you meet with my office prior to the first meeting in October so we could discuss this, as well as the other projects, because you know the capital plan for District 3 is coming up also and I'm pretty much going to be saying the same thing. I think, you know -- actually, I would even, you know, like for the Manager to be there, maybe the Manager or Ms. Bravo, Mr. Sosa, and see if -- because I -- you know, I've mentioned it before. I'm really trying really hard -- andl'm not saying that you're not, but I think the communication hasn't been there. And, you know, I was truly serious and truly honest when I said, you know, I -- even though we've had some disagreements -- continue to want to work with all of you. Andl think, you know, that's the only way that we can move forward and be professional and continue to work, you know, together as one team, as one city. So, again, I respectfully request a deferral on this. I appreciate it from my colleagues. Andl ask that, you know, we meet prior to the October -- first meeting in October, and you know, let's go over this so we, you know, go through this 'cause the lack of communication has definitely been there. I think we've discussed it a little bit, andl'm hoping that we can move forward, leave everything behind. We can move forward from here on because there's a lot of projects that really need to be done. However, they need to be done within budget, you know. We need to see what the costs are and so forth. And you know that I do believe in being fiscal conservative. Thank you. Chair Gort: Okey-doke. All in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING AMENDMENTS TO APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2011. 11-00421 Summary Form.pdf 11-00421 FY'11 Amending Budget 07-28-11.pdf 11-00421 Legislation.pdf City of Miami Page 62 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.6 RESOLUTION 11-00767 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDED AND RESTATED PARTIAL MODIFICATION OF RESTRICTIONS TO DEED NO. 19447-F, IN SUBSTANTIALLY THE ATTACHED FORM (THE "AMENDED AND RESTATED STATE PARTIAL WAIVER') WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (THE "BOARD OF TRUSTEES") AND FLAGSTONE ISLAND GARDENS, LLC ("FLAGSTONE"), WITH (1) ANY FUTURE CONTEMPLATED MATERIAL MODIFICATIONS TO THE REFERENCED AMENDED AND RESTATED GROUND LEASE(S) AND/OR AMENDED AND RESTATED AGREEMENT TO ENTER INTO GROUND LEASE(S) SUBJECT TO PRIOR DISCUSSION AND REVIEW WITH THE DIVISION OF STATE LANDS, STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND (2) ANY FUTURE MATERIAL AMENDMENTS TO THE AMENDED AND RESTATED GROUND LEASE(S) AND/OR AMENDED AND RESTATED AGREEMENT TO ENTER INTO GROUND LEASE(S) SUBJECT TO PRIOR APPROVAL BY THE BOARD OF TRUSTEES. 11-00767 Summary Form.pdf 11-00767 Pre-Legislation.pdf 11-00767 Legislation.pdf 11-00767 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Noes: 1 - Commissioner(s) Spence -Jones R-11-0337 Direction by Commissioner Spence -Jones to the Administration to provide the City Commission with a report within six months that details the commitments agreed to by Flagstone and their status of completion. Direction by Commissioner Spence -Jones to the Administration for an agenda item pertaining to the status of funding for the Flagstone Project be placed on a City Commission meeting agenda six months from today. Chair Gort: At this time I have a request, if you all don't mind, to bring up RE.6, which is the Flagstone. Madeline Valdes (Director): Good morning. Madeline Valdes, Department of Public Facilities. This resolution authorizes the City Manager to execute an amended and restated partial modification of restrictions to deed number 19447-F with the board of trustees and with Flagstone Island Gardens, T,T C (Limited Liability Company). As you may recall, back in September 23 of last year we brought forth to you several documents, big book of documents, which included the lease agreement with Flagstone. It also included an ExhibitA that outlined City of Miami Page 63 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 all the differences that were negotiated with Flagstone. It included the amended and restated partial modification of deed restrictions that we were going to take to the State. Now there were some conditions in those agreements. There were two conditions that were established. The first condition was important to both the City and Flagstone, and that was to have the board of trustees -- the Governor, Cabinet -- approve all the documents that were included in that first transaction. Those documents were taken to the State; negotiations were made both by the City and Flagstone, and the Governor and Cabinet approved the documents in August 16 of this year. The second condition that was imposed on Flagstone that was today when the amended waiver comes to the City Commission that the City would accept from Flagstone monies as it relates to $300 for the extension of time from October 1, 2010 to the present. Flagstone is here. Commissioner Sarnoff. How much? Robin Jones Jackson (Assistant City Attorney): Madeline, it's -- Chair Gort: Three hundred dollars. Commissioner Suarez: I think it was $300, 000. Ms. Jones Jackson: -- $300, 000. Ms. Valdes: Three hundred thousand. I'm sorry. What didl say? Commissioner Spence -Jones: Three hundred. Commissioner Suarez: Three hundred dollars. Chair Gort: Three hundred. Ms. Valdes: Three hundred thousand. Flagstone is here today to present us with the check and for us to accept that check so that we can move forward with the rest of the restrictions that are within the documents. And l just want to remind everyone that the documents were approved September 23, so today we're simply accepting the check -- Commissioner Suarez: Move it for discussion. Ms. Valdes: -- and also -- Commissioner Sarnoff. Second. Ms. Valdes: Well, go ahead. Chair Gort: It's been moved and second. Moved by Commissioner Suarez, second by Commissioner Sarnoff. Discussion. Commissioner Suarez: Just really quick, very brief. First, I want to commend Ms. Valdes, who's unfortunately leaving us, and Ms. Bravo, who went up to Tallahassee and made the City's case and made it very ably, and so we want to thank you for following through on the obligations that we placed upon you. I think it was important -- we had very, very vigorous discussion, debate when we first decided to do this, and my perspective was that rather than go to litigation with these particular individuals, let's take the $200, 000, which at the time wasn't budgeted, and let's move forward. Now we are getting an additional $300, 000 that I believe also may not be budgeted, if I'm not mistaken. Unidentified Speaker: It is. City of Miami Page 64 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Commissioner Suarez: Oh, it is -- we finally -- Ms. Valdes: It is budgeted. Commissioner Suarez: We included it, okay. Well, that's too bad. But we're getting $300, 000 more. And next year -- I know we have already budgeted for this -- we'll be getting somewhere between 500,000 and potentially $1 million in revenue if the contracting party breaks ground on construction. So you know, I just want to, you know, thank my colleagues for their support. And I think this was a very, very good and positive thing for the City of Miami. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. I think Commissioner Suarez has laid out a great reason why we have to, why we have, and why we did discuss this and approve it back then. But on a more important basis or just as important basis is the future. And with this facility, you're going to bring back maritime commerce, trade, and production repair facilities in the City ofMiami. Andl know most of you know that Merrill -Stevens was acquired by, I believe, an Italian outfit. IfI got that wrong, I apologize. But it's -- Chair Gort: No, no, U.S. (United States). Commissioner Sarnoff. Is it a U.S. outfit? Chair Gort: Yeah. Commissioner Sarnoff. Okay. That is equally going to use it as a repair facility. It's not hard to imagine in two years that once this facility -- the maritime part of it -- the upland portion of it, though interesting to me, was never as important as the maritime component to this. And you would have the ability to have three-, four hundred foot yachts. Very few of those exist. But there are a lot of 300 footers. There's a lot of 200 footers. And interestingly enough, I've always been amazed by this. This is what I primarily do for a living. Not too many of those guys that own those boats want to stay on the boats overnight, so they tend to buy the condominiums right next to them. So I think this is going to bring a great deal of -- sort of wealth to the City of Miami. And wherever you stand in terms of your politics, it is the wealthy that consume, and the wealthy consumption -- maybe I'll look to you, Spence -Jones, on this, because the people who work on boats are some of the best paid, hard laborers that exist, and the average salary is about $55, 000. So you may work hard, but you get paid pretty well to do that. And I think if we can create what was here 16 to 20 years ago that now exist in Broward County -- and their facilities are -- they're the main provider of all drave services, all repair facilities to these major boats in South Florida. You don't have to take it all, but if we can take our fair share and if we can just send the repairers up the river, so to speak -- and I mean that in a good way -- I think you can recreate a maritime industry that existed here, certainly when your dad was up here, and has left and gone to Broward, and think we can become a major player again in that facility. Andl think it brings great jobs, long-term jobs. This isn't, you know, somebody building a facility, and two years later there's no more employment. This is sort of a leg of the stool. You know, I always talk about the three-legged stool. A maritime industry could be a third leg of the stool. We just need to support it. We need to bolster it. I'm not saying they're the repair facility, but they're the reason the boats will exist here. And this is one hell of an interesting city to bring your boat. Think about this in comparison -- and no disrespect to Fort Lauderdale. But I'd rather be in Miami any day experience a Heat game, you know, (UNINTET,T IGIBT ,F), Squire. I mean, you can go down the list. Dolphins game. City ofMiami Page 65 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Vice Chair Carollo: Marlins. Commissioner Sarnoff. Marlins. Chair Gort: Marlins. Commissioner Sarnoff. Exactly, Marlins game. This is a place that people want to be seen, and they're going to want to be seen on their boats, and the people that own these boats are the ones that are going to consume, andl think it's good for everybody. So while I appreciate the short-term basis, it's the long-term basis that has always interested me. It's always been the maritime component of this particular project that has always interested me. Chair Gort: I have to tell you, the Merrill -Stevens, I remember, it was a great facility. And my understanding is the people that purchase Merrill -Stevens, they have a program where they're going to make an investment, a very large investment to make sure they can repair the mega yachts. There's only three places in the world. My understanding, that will be Miami, somewhere up north, and Barcelona in Spain. Now my understanding is the captains of the boat are the ones that decide where to go for their repair. Andl can tell you, Miami's a lot better, especially in the winter time, than up north or Barcelona. So the Merrill -Stevens, I'm glad that we got the new people operating. They got the expanding -- they're going to expand quite a bit, and it's going to be -- like you said, at one time they had one hundred and some employees, high paid employees. So really looking forward to that. Commissioner Spence -Jones: Mr. Chairman. Chair Gort: Yes. Commissioner Spence -Jones: Okay. Let me just -- I want to put a few things on the record. First, I do want to commend Madeline and commend Robin for such a job -- great job well done, and the Administration on trying to deal with a deal that has been around for a very long time . Andl know that there's a strong feeling that Commissioner -- you know, this is something that we're not necessarily voting on the agreement. We're actually voting on the deal that's already kind of somewhat done regarding the State. But I do have a responsibility to the residents that I serve, and I'm sure my fellow Commissioners have the same. I just -- I'm very concerned about the overall project, andl have to just put it out there like that, andl expressed this in my meeting, and it was explained to me that basically, the train was already moving on the track, andl understood that. But we have a responsibility for those that do -- our constituents that do elect us. So I don't want to find myself ever again in a situation like these mega deals and these things that we support, i.e. the Marlins and the rest of them, and then we have to run people down to figure out whether or not they actually lived up to their promises. While I do understand Commissioner Sarnoffs viewpoint that definitely this is an industry that we need to have, that we need to support, if there's not a monitoring thing put in place, then it's just talk. And 75 years from now we won't be here, so -- 20 years from now, we won't -- well, I know I won't be here. So Chair Gort: I know I won't. Commissioner Spence -Jones: Right. So I don't -- I think that, you know, it's irresponsible for me to sit up here and not put it on the record. These are some of my challenges that I have just in general that want to make sure they're communicated on the record. The first thing that want to kind of somewhat discuss that kind of is alarming to me and disturbing to me is the overall agreement itself. This to me should be about jobs. We talked about jobs. That's what -- this is -- that's what Commissioner Sarnoff just mentioned. When I look at the first source hiring agreement -- and since this is the only time I'm going to have the opportunity to communicate it -- I have a lot of concerns with this so-called first source hiring agreement. I realize that it was City of Miami Page 66 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 in the overall -- the beginning part of the contract, but -- which was back in 2003 or 2004, but a lot has changed in eight, nine years, meaning what we obligated back to then clearly does not make sense for us right now. So I just want to at least be able to put a few things on the record with my City Manager. The first thing is on this first source -- and I'm hoping that the client understands -- or your client understands, Brian, what needs to be done. But this is something that I'm definitely going to make sure that they live up to their commitment. I need to make sure, Mr. Manager, a part of that overall agreement included that there -- that the Flagstone would hire a monitor out of their overall agreement. Is that correct? Ms. Valdes: It would be a consultant that -- Commissioner Spence -Jones: Whoever it is. Ms. Valdes: -- would be paid by Flagstone to monitor the project. Yes. Commissioner Spence -Jones: Right. So -- because we don't want to be in a situation where we vote and support on something, and then people are calling our phones off the hook because they're not getting the jobs. Ms. Valdes: That's correct. Commissioner Spence -Jones: So I want to make sure that Mr. Manager works along with Flagstone to make sure that individual is -- whoever it is. Not a City employee, because they got a million and one other things going on, and quite frankly, they don't have the time to focus on what needs to be done for this particular project. So if Flagstone in their agreement has agreed to do that, we want to make sure, Mr. Manager, that that happens, and that the people from the community actually get the job from all of our districts. So I want to make sure that monitor is put in place. It was explained to me also that as soon as this is done and we vote on it, that that -- correct me if I'm wrong, Robin -- that it actually kicks in at that particular point. As soon as we agree and the Commission votes on this issue, it kicks in on -- at that point, correct? Ms. Jones Jackson: When the Commission considers and Commission approves the State waiver, all of the other agreements have actually already been agreed to. The State waiver is the last piece of the puzzle. That's it. Commissioner Spence -Jones: Okay. Ms. Jones Jackson: The others have already been agreed to. Commissioner Spence -Jones: So the answer is that it moves on. So I just want to make sure, Mr. May, when that actually happens, if that vote happens today, that that process begins today. Brian May: Absolutely. Commissioner Spence -Jones: Okay. The other part of this -- so the first source hiring -- andl would like to definitely make sure in any way that I can work along with Mr. Manager to make sure that these jobs actually go to the people, I want to make sure that happens. The second part of this I had a concern with, which was the parks and the upgrades. I know this is another thing that my colleague and love parks. There were two parks that are actually in that particular area. One is not -- is the South -- what is it, Robin? Ms. Jones Jackson: South Side Park. Ms. Valdes: South Side Park. City of Miami Page 67 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Commissioner Spence -Jones: South Side Park, which I'm clearly -- it's not really in place as of yet, but that's something that's coming. But we do have the Japanese Garden that's also mentioned in that. That park, to my understanding, Mr. Burkeen, while you are maintaining it, I happened to go through it myself, and it looks like it needs some love. And right now, at this point, we have a million dollars set aside that should be utilized for green space in parks. I don't want to wait ten years, twenty years to see that park be upgraded. Right now we can use that park for weddings and other things like that and event space and we're not able to do that because, quite frankly, we just don't have the resources. So I would like to see, you know, those parks -- that particular park, especially since right now it's already in existence, that it actually gets upgraded so that we can begin to use the space. I would like to make sure that that commitment remains intact. And Brian, I'm assuming -- or Mr. May, when I finish, you'll respond to all of this. But I think that it's important -- us, as Commissioners, need to make sure that this stuff is actually happening. The other thing that I would like to see happen is as far as the Manager is concerned -- because I learned from four years sitting on the dais, you know, that when we don't say come back in sixth months and give us a report or update, then a year goes by, two years go by, and next thing we know stuff is being built and things are not going back to the people that we represent. I would like to make sure that that part of it is included, okay. So I would like to, Mr. Manager, have a report in next six months letting us know the updates from what they have agreed to do to make sure that this happens. And then last but not least, and then I'll just say this in closing, I know everything that I've said up here none of the Commissioners disagree with this. We already know that, you know, the issue of jobs at this particular point is extremely important. We've had several mega projects that have taken place where I've seen the reports; that, yes, they've hired locally and all of this other stuff and now I'm asking for back up on those local hires, because normally you guys give us these reports with these numbers on them and they're great, but when I start looking at the backup, the people aren't from the district, either one of the areas, and we got to stop this because people are really hurting. And when people are coming from all over and not from the districts that we serve, whether or not it be just a regular person that's just -- a neighborhood person working on, you know, the job or a person that has a small business in either one of our areas, it's important that we support people locally first. And if we don't -- if the buck doesn't stop here, then it's not going to go anywhere else. So for me, I love the mega projects. I think they're beautiful. I think they're great, you know, but the reality is is that if our community's not benefiting from it, you know, we're doing a disservice. Andl want to just be clear on a couple of things that I feell need to put on the record. We already know that this whole issue of Flagstone -- and I'm -- again, this is before --I don't know what's been happening since I haven't -- I've not been here, but you know, there's this talk -- communication around whether or not gambling will happen or gambling will not happen on -- in that space. To my understanding, in my briefing this week, that that's not included in this agreement. And if it does -- or when it does -- and maybe Mr. May can explain to me or say if that is the intentions, because we can definitely talk about intentions. You know, if that is the intention to perhaps do it down the line, I would like to at least know that. Because when we look at an agreement like this, while I do understand that the overall amount will be what it is in the end, I think close to two million, if I'm not mistaken, per year, I just want to make sure that if that happens, meaning two things. One, if it becomes an issue where it becomes a potential gambling site, one, that it comes back in front of this Commission for us to vote on, because clearly, a $2 million lease is a sweetheart deal for anyone, and not to mention when we see what we saw in the paper day before yesterday with all of this stuff that's happening with gambling happening downtown, maybe perhaps -- then that land itself becomes extremely valuable. So I just want to make sure that that's put on the record, one, Mr. May, the intentions, if that is -- if that's the intention of your client down the line, I would like to know it in advance and not six or nine months later. And then I also would like to know whether or not that -- Ms. Valdes, if that is something that's going to come back in front of us for -- before any decision is made on that. And then I have my closing comments after those questions have been answered. Chair Gort: Thank you. Your answer. City of Miami Page 68 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Mr. May: Sure. First of all, I just -- I would -- on behalf of Flagstone -- I'm Brian May with Floridian Partners, offices 235 Catalonia Avenue, in Coral Gables. First of all, I want to thank the Mayor, the staff Madeline, Aldo, Alice, everybody who's put so much time and effort into this. And also I want to take Alex Tachmes and Kevin Cowan with Shultz & Bowen, who did a great job with us up at the state level really securing the state waiver and helping out significantly in that regard. Andl want to thank you, Mr. Chairman and Commissioners, for really sticking with it, allowing us the time and the flexibility that was needed in order to really kind of see the renegotiation of this project and also securing the state waiver through really would have been challenging economic times and challenging political times because of the economic times, and so I just can't tell you enough how much on behalf ofMehmet Bayraktar and the family and Flagstone that we appreciate that, and we are very happy to be standing here today. And before I do anything, I want to let you know that we do have $300, 000 check here, and we are pleased to be able to present that to the City upon approval, if that happens. Commissioner Spence -Jones, with regard to your questions, first of all, we will put a monitor into place. That's without question. It's in the agreement, and we will live up to all of our commitments in those agreements. And we will do that as construction begins to take place. And just to put some context into this and make sure that everybody's expectations levels are, you know, put on the table as well, the first thing that has to happen is we have to approve this today. The second thing that has to happen is we do have to basically ink the financing for the deal, which has been well underway and in discussions for a long period of time and, frankly, waiting on this day in order to really move forward in a solid manner. I think the intention remains that that marina will be the first phase of the project that will be commenced. The first part of that is actually dredging and doing environmental mitigation, which is significant. Will probably take us, you know, a period of time. I would say at least six to eight months to actually complete that project. There's a lot of dredge material that has to be moved. There are -- mitigation measures are significant. But as we get to the point of actually beginning that work, which we estimate would hopefully be in the first quarter of next year, provided that everything goes smoothly with the financing of the project, we will have the monitor in place, and we will live up to the obligations under the first source hiring agreement prior to that time. So we will be ready for that. Commissioner Spence -Jones: Okay. Can -- Chair Gort: There's one question you left out. Mr. May: There's more questions. Ms. Valdes: The gambling. Mr. May: I'm -- that's just answer number one -- Chair Gort: Okay oh, okay. Commissioner Spence -Jones: Okay. Can I -- Mr. May: -- of many. Commissioner Spence -Jones: Mr. Chairman, if -- Chair Gort: Sure. Yes. Commissioner Spence -Jones: -- I can just also respond on that. Mr. May, I definitely want to be clear because you did say when this -- when construction begins is when you will start. According to your agreement, the first source hiring agreement that -- andl want to be clear on this -- is that this actually -- that process actually happens before construction starts. When you City of Miami Page 69 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 start -- Mr. May: Yes. Commissioner Spence -Jones: -- talking about dredging and you start talking about all -- that's all manpower related issues. Those are all things that regardless of you know, whether or not you start building vertical or whatever you do -- Mr. May: Yes. Commissioner Spence -Jones: -- you still have to hire people prior to that. I don't want -- Mr. May: Absolutely. Commissioner Spence -Jones: -- I would not like -- can't speak for anybody else. I would like to see the work on the ground like right now, like -- so I want to be clear. Based upon the agreement, it says that a training center will be put up in place, right, and that -- that's what the agreement says, a training -- a skill center will be put in place -- Mr. May: Yes. Commissioner Spence -Jones: -- before anything starts -- Mr. May: Yes. Commissioner Spence -Jones: -- and that people will begin to get trained so that they can get started to -- at least to work. So the dredging and all these things that you're talking about now Mr. May: Yes. Commissioner Spence -Jones: -- I would like to see that happen. Let me just tell you why you might see, you know -- and I'm trying to operate in the spirit of kindness -- why you see this for me. But we -- I've had to deal with this issue prior -- during -- when I was sitting on the board, and there were things that you guys were doing, small things, like upgrades, where I just asked for simple things. Like when you got ready to do the painting, I believe it was some buildings and stuff you had there already. It was simple things that I asked for to at least make sure the neighborhood people got a chance to participate. And what got back -- the feedback I got back was not -- it wasn't nice. So I've learned to ask for what I want and be clear about what want for my district, 'cause those are the people that elected me. So when we start talking about dredging and all of these things, and even the upgrades on Japanese Park that's going to take place, those are all manual labor type things that people can be put to work for right now . Mr. May: Absolutely. Commissioner Spence -Jones: So I don't -- I just want to be clear that when you say when the construction begins, that sounds like two, three years from now for me. Mr. May: No, no, no, not at all. I said -- Commissioner Spence -Jones: So I want -- Mr. May: -- construction -- ifI could just -- I said construction -- we would want to start construction. The first piece of which would be the dredge and the marina piece and environmental mitigation that we'd want to start that in the first quarter of next year. That's City of Miami Page 70 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 what the goal is. Now in order to ramp up to hire people to do that, we're going to have to do everything that is required under the first source hiring agreement. And what I'm trying to tell you very clearly is we understand that and we will do that. Commissioner Spence -Jones: Okay. Mr. May: And we will ramp up and we will make that happen. Commissioner Spence -Jones: Okay. So what would like to see happen, Mr. Manager -- 'cause I can't direct Mr. May as to what he needs to do, but l can talk to my City Manager. And l would like to see this skill center put in place like immediately, as soon as this agreement is signed off that whether or not it be with the building trade unions or who we're going to -- because it said unions or nonunions -- we can partner with people that already have these programs going on so that we don't have to create a program that we have to monitor to make sure the people go to work. Yes. So that needs to be happening like immediately, not after the construction has happened. And then I'm assuming you're going to respond to the park issue right now, 'cause there was two. Mr. May: The park issue, we will -- we'll also live up to our commitment on that. And we will begin that when we actually have financing to start the project and actually start construction. That's when we will -- Commissioner Spence -Jones: Okay. Mr. May: -- embark on those improvements. Commissioner Spence -Jones: Okay. So I just want to be clear. So you're saying to me today -- andl'm glad that you're not overpromising, because in six months -- Mr. May: I'm not. Commissioner Spence -Jones: --from now, I don't want you to come back and then say well, we didn't start on it. Mr. May: Right. Commissioner Spence -Jones: So you're basically saying to me, Commissioner, at this point we do not have the financing in place so we're using this time to get the financing in place; and once that happens, then the first -- one of the first orders of business is to make sure that the actual -- first park that we talked about, Japanese Park, will -- that will be something that's first on the list. Mr. May: That will be first on the list as part of our breaking ground and beginning construction on the project, yes. Commissioner Spence -Jones: Okay, Our breaking ground. "Let me just tell you what that feels like to me. Our breaking ground -- so it's not first on the list from a financing standpoint, like once the financing is secured? Mr. May: Commissioner, when the financing is secured, there will be nobody moving faster than us to try to begin construction of the project. Mr. Bayraktar -- and we covered this extensively at previous meetings -- has tens of millions of dollars invested in this project, so he is going to do everything he can to get started on the project. But want to be clear about that is that he's not going to do the improvements to the parks until he begins the construction on the project itself. At that point and at that time, when everything is mobilized in place to begin construction, the City of Miami Page 71 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 park will be part of that. Commissioner Spence -Jones: Okay. So Brian, then that brings me to another question. So when -- the time frame that you think that we might be able to know whether or not the funding is actually secured for the park -- I mean, for the actual project, is about how long, another year, six months? Mr. May: I can't answer that question with any certainty. Commissioner Spence -Jones: Okay. Mr. May: But the plan is that it would be in place so that we could try to start construction in the first quarter of 2012. That would be January, February, March of 2012. So that means we would have to have the financing in place and be ready to go by that time. Commissioner Spence -Jones: Okay. I -- Mr. May: That's what we're trying to do. Commissioner Spence -Jones: Right. So -- I gotcha. So I guess in six months I guess my City Manager or you guys will be coming back to give us a report? Mr. May: We'll be in touch with your staff and we'll be in touch with you -- Commissioner Spence -Jones: Yeah. I'm asking -- Mr. May: -- personally -- Commissioner Spence -Jones: -- my City Manager -- Mr. May: -- along the way. Commissioner Spence -Jones: -- to put it on as an item in the next six months so that -- Mr. May: Absolutely. Commissioner Spence -Jones: -- we can have an actual update. And then my final question was on the gambling issue. Is that the intentions -- is that --? Mr. May: I don't think there's any intentions at the moment. There's no authorization for any gambling. And you know, there's a lot of -- I think there's a lot of momentum building around the issue, but I would venture to say it has a long way to go. That being said, for sure, people will talk to Mr. Bayraktar as that issue develops. And if there is anything that develops where he would want to entertain gambling as part of the project at a later time, that would be required to come back before this Commission for approval, and it would be required to go back to the state of Florida for approval. Commissioner Spence -Jones: Okay. So -- Madeline is shaking her head, so I guess I'm ready to Ms. Valdes: Commissioner, that's correct. Commissioner Spence -Jones: Okay. Ms. Valdes: It would require both approvals from the City and also from -- City of Miami Page 72 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Mr. May: And the State. Ms. Valdes: -- the State. Commissioner Spence -Jones: And then it also would mean the same thing, Brian, if there's any partnerships or Mr. -- or Flagstone selling their portion of this, that would also come back in front of City as well? Mr. May: That's all contained in the agreements, Commissioner. Commissioner Spence -Jones: Okay. I want to put it on the record for the people that don't -- Mr. May: Well, but that's a question you should ask your staff and not to me. Commissioner Spence -Jones: Okay. So I'm asking. Mr. May: Right. Ms. Valdes: There's also a fee that was established for any conveyance, but no. The conveyance itself would be the City Manager's approval, if there's a chance in partnerships. But there is a fee that is established -- Commissioner Spence -Jones: Okay. So that would be -- Ms. Valdes: -- as part of this agreement. Commissioner Spence -Jones: Right. But you're saying that's a City Manager portion of the agreement. So that kind of sounds like that the City Manager doesn't necessarily have to bring it back in front of the City Commission. Ms. Valdes: No. Commissioner Spence -Jones: I have a problem -- I have a big concern with that. Ms. Jones Jackson: It depends on the percentage of interest of the transfer. But as you appreciate, this Commission negotiated, along with staff back last year in September of 2010. That depends upon the percentage. It would need to come back to Commission. So regardless of the percentage, there is a requirement for a payment of a transfer fee as well. It's a technical requirement -- Commissioner Spence -Jones: So -- Ms. Jones Jackson: -- regarding how much of the percentage of interest changes. Commissioner Spence -Jones: Okay. So Madam City Attorney, I just want -- so you're saying that basically what Madeline is saying that, originally -- her original statement was that the City Manager would basically make those decisions if anybody bought into or they sold a portion of it. Are you saying to me now, so that I'm clear and my residents watching are clear, that no matter what, it still has to come back in front of Commission? Ms. Jones Jackson: I'm saying that Madeline is correct to the extent it falls below a potential threshold. If it falls above a potential threshold, it has to come back to Commission. Thank you. Commissioner Spence -Jones: Can I know -- can we just know what that threshold is? City of Miami Page 73 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Ms. Jones Jackson: Yes. We can look in the documents and come back to you. Commissioner Spence -Jones: Okay. I would definitely like to know what the threshold is. Is it 10 percent, 20 percent of ownership of -- you know, I would like to know that. I think it's important to know that. And then on the first source hiring and then I'm done. On the first source hiring portion of this, I got an e-mail (electronic) -- when I look at the agreement, it says 10 percent of the agreement for first source hiring. That means only 10 percent of our local residents can actually participate in this. I did get an e-mail from City staff saying it's actually 40 percent of the local residents will get to be able to work on the project. I know every single last one of us sitting up here would like to see 40 percent of City ofMiami residents and not 10 percent. Ten percent to me is a very, very small number and that number's actually in the agreement. So is it 10 percent or is it 40 percent? Which one is it? Ms. Valdes: Actually, I'll let Flagstone respond to that because it was a correspondence that we did receive from Flagstone back in 2009 for the attorney that they had on record that did commit to the 40 percent, Commissioner. So if Brian wants to respond to that. Mr. May: Commissioner, at this point I believe there was a -- an e-mail sent to Mr. Bustamonte back in April of 2009 where Flagstone -- and actually, it went to your aide, Mr. Koteles, at the time -- that at this time, without further research and the availability of local skilled labor, Flagstone can commit to hiring 40 percent of the work that will be subcontracted for the following areas: plumbing, electrical, fire, landscaping, and hardscaping. The contractor will of course attempt to fill all open positions with local workers. But without knowing exactly what labor's available, we cannot commit to more than a minimum of 40 percent at this time, ergo in those areas. Commissioner Spence -Jones: So -- andl guess this is really not -- Mr. May: Let me -- ifI could just finish. I just want to finish the comment. Commissioner Spence -Jones: Sure, please do. Mr. May: I can't stand here today and tell you how many of those workers -- and there's approximate construction workforce of 3, 000, I believe. Ms. Valdes: Three thousand. Mr. May: I can't tell you exactly what 40 percent of those areas of the construction workforce are standing here today. But with regard to that commitment, we will work with the contractor, and we will meet that goal of 40 percent in those areas on the construction of the project. Commissioner Spence -Jones: Right. Thank you, Brian. I just want for Madam City Attorney so that I'm clear, because when started talking about this first source hiring agreement and the concerns that had in my briefing, it was communicated to me that, Commissioner, we really can't make any adjustments on, you know, the contract or either on the agreement. And then my concerns were okay, well, then how can you now tell me off an e-mail that Brian or Mr. May sends saying that okay, we can take the 10 percent and make the adjustments on it and then come back with 40 percent. So then you can make changes on the overall agreement. Because quite frankly, whatever you guys got voted on and approved in Tallahassee, it didn't include the 40 percent number; it included the 10 percent. I mean, I just got through -- you know, again, I'm just one vote. But if nothing else, at least my residents and my constituents knew I fought for what I felt was best for my constituents, andl honestly have real issues and real concerns with it. But I'm just one vote. City ofMiami Page 74 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Chair Gort: My understanding is your statement, Flagstone's committed to 40 percent minimum. Mr. May: With regard to the -- Chair Gort: To the construction and -- you mentioned. Mr. May: -- trades that I outlined in this document. Yes. Chair Gort: Okay. Ms. Valdes: And just -- Chair Gort: Any other questions? Commissioner Spence -Jones: I mean, I just -- again, I'll -- in six months I'll -- hope -- I just want this registered for it to come back and these same issues I'm going to bring back up again and we take it from there. I understand, Madeline, you put a lot of work into it, and you know I support you guys to death. And same thing, Robin. I know, Robin, you're a soldier. You get it done. Andl really appreciate everything that she's done on that. But at the end of the day, there are people that elect me to make sure that look out for them, and that's my job and my responsibility. And right now this deal is not a good deal for D5 (District 5). Chair Gort: Madeline, I would like for the benefit of the public and for us to go through the process, all the items they have to comply with and all the issues they have to comply with and the times they have -- the time lapse for that. Ms. Valdes: Sure, Commissioner. There are several things that will be required now as a result of -- if this item's approved today, and that would be not only the acceptance of the check but also now Flagstone will pay to the State their required 15 percent. The documents need to be sent to the State. And today would trigger the first of 120 days for Flagstone to cure all the liens and garnishments, et cetera, that have been assessed since the beginning of this project. If there is an ability to cure after the 121 st day, then Flagstone will set aside in a court registry an escrow for the remaining amounts of whatever has not been cured. The City of Miami's requiring 100 percent of that. The State is requiring 125 percent of whatever has not been cured. Thereafter, Flagstone will also be required to initiate security deposits in line with the payments that they must make to the City. This was one of those improvements that were included in the new deal, so they would have to not only provide a security deposit now, but security deposit increase as the payments increase both for the payments and for the easements that have been provided to Flagstone. Of course the funding requirement is another that they must provide proof to the City that they have the funding in place, so that's something else that will take place. Chair Gort: Also need -- there's a date for beginning of construction. Ms. Valdes: That is correct. The dates are all included in the ExhibitA that was approved by this City Commission, where it outlines specific dates for start of construction, completion of construction, and also for each phase of the project. Chair Gort: Will you place that on the record, please? Ms. Valdes: Sure. The ExhibitA is -- I'll give a copy to the City Clerk -- where it establishes all the nuances to the agreement that was approved by the City Commission on the 23rd of last year of September. Commissioner Sarnoff. Mr. Chair. City of Miami Page 75 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Ms. Valdes: Are there any further questions? Chair Gort: Yes. Commissioner Sarnoff. You know, whenever we have any of these community benefit agreements, I certainly commend Commissioner Spence -Jones on finding out what is exactly happening and as its happening. I went to a debate last night -- I don't mean this disrespectfully to anyone -- and somebody made a comment that less than 1 percent of the workforce working on the Marlin [sic] Stadium came from the City ofMiami. Vice Chair Carollo: Incorrect. Commissioner Sarnoff. Now -- right, exactly. You're entitled to your own -- you're entitled to form your own conclusions. You're just not entitled to your own facts. And if my understanding, correct me wrong, Commissioner Carollo, it is upwards of 33 to 40 percent. Vice Chair Carollo: It never got up to 40 percent. But yes, I've seen it up to 33 percent, depending what month it is, 'cause they track it month by month. But it has never at the whole time been less than 30 percent from the City ofMiami. When I think the goal was 20 percent, they've exceeded by at least 10 percent. Commissioner Sarnoff. Andl think it's really important that we put the accurate information out there. It doesn't suit -- well, it may suit other people's purposes for other reasons, but a fact is a fact. And if you're going to make your goals, certainly put that out there. And if you're not making your goals, tell us why it is you're not making your goals -- Mr. May: Right. Commissioner Sarnoff. -- and how maybe you can figure out a different way of making those goals. 'Cause I think you're understanding that every Commissioner wants to see the durable unemployment rate come down regardless of the district, you know -- Mr. May: Absolutely. Commissioner Sarnoff. -- regardless of who it is or where it is. But you know, the one thingl don't think this City does a very good job of -- interestingly enough, we have a Mayor that understands probably the press and publicity better than anyone. Let's get the accurate information out there. You know, nobody should be able to get up and make a comment 1 percent of the workforce of the Marlins stadium is City ofMiami employed. It's just unfair. And I just think we owe it to our citizens to say, whether you believe in the stadium or you don't believe in the stadium, good is coming from it; and the good coming from it is that people are gainfully employed and are working to build a beautiful stadium, period. So I want to put that out there. I commend Commissioner Spence -Jones on saying let's get the information. Let's have a person in charge of getting that information out there. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Thank you. First of all, I'd like to begin by saying that I don't want to assume -- I don't want to make this into a Marlins issue or so forth, you know . Off the top of my head, I mentioned the numbers and I'm saying it because I think I've demonstrated up here about fairness and what's fair is fair. I think -- and Commissioner Spence -Jones, you soon will see, as I'm sure my colleagues can attest to, if the percentages were not being met, I'd be the first one that they're going to be rubbing the wrong way and we were going to have issues. Believe me, City ofMiami Page 76 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 we would have had issues. But again, what's fair is fair. When you ask for the information, when they present it, when you see it, when you look at the facts, you know, you can't continue to bash something or, you know, look for excuses or so forth. The facts are there. And again, you will see that continuously I will ask for supporting documentation. I will look for what, you know, the facts are there. I -- you know, I used to say, you know, don't tell me. Let me see what's there. With that said, I also welcome, you know, the discussions that have been brought up. I think many of you know that in the past when we spoke about Flagstone, I brought up many, many issues. I actually believe we got a better contract than originally because of all the debate we had, all the discussions. I still didn't feel that it was sufficient. I was one of the votes that voted against, you know, moving forward with it, you know. It finally passed on a 3-2 basis. But as always, I, you know, respect the will of this Commission, you know. I see we're getting $300, 000 today, you know. Obviously, I think that's a good thing. But at the same time, I know that in a park in the City ofMiami that is ran like a business on one event that last three days, we net $300, 000. So do I think that maybe we went for the carrot and didn't see the bigger picture and we could have obtained more monies for the citizens ofMiami, for all the citizens, not just my district but all ofMiami. And the reason I fought so hard is because in a few hours we're going to be discussing the budget, you know. We've come to some type of agreement with three unions, but there's still one that we have not come to agreement with and we're looking at, let's be fair, deep cuts, and there were deep cuts for all the unions. So I think it's very important when we have these type of projects that we obtain the maximum amount of dollars possible. Commissioner Sarnoff, I agree with you as far as the marine industry, I really do. But then at the same time, I have to say could there be additional revenues or more revenues or could the City actually obtain more revenues if we would have done it ourselves, if we run it ourselves? I remember you asking the question specifically to our former City Manager Migoya and he gave you a definite yes. So, you know, it is what it is. The only question I'm really going to ask is from our Administration to see if there's any negotiation with this or do we pretty much have to pass this because this was already decided in the past. If the answer is yes, we have to pass this because the terms of the deals and so forth were already determined in the past by votes and so forth, I think everyone was clear what my votes were. I think everyone was clear on my discussion, my debate. And like I have always done, I respect the will of this Commission. I respect the votes of this Commission. I respect each member for their opinion the way they're voted and we move on. But that's one question that I have for the Administration. And even the City Attorney, in your legal opinion, do you believe that we have met all the requirements and we have to approve this or, you know, there could be legal action taken against us or --? Where are we with this? Because I think one of my colleagues has legit concerns with this, andl want to see exactly where we stand today as a board. Ms. Jones Jackson: Yes. Thank you, Commissioner. Remember that the documents that were approved by this Commission September 23, 2010 and also approved by Flagstone were then sent to the State. The State had those exact documents. The State has approved those documents with the board, and the State has sent back the state waiver. There were only two conditions to come back to this board. One was the approval of the state waiver, which incorporates all of the documents approved by Flagstone and the City last year. And the second is for Flagstone to deliver the check, okay. Now, remember that in the documents that went to the State that this board approved last year in September, there is -- and I'm going to quote this -- a covenant of good faith and fair dealing and it reads: All matters in this ExhibitA -- and Exhibit is attached to this board's resolution. It's attached to the amended and restated ground lease. It's attached to the amended and restated form of agreement to enter. It's attached also to the amended and restated partial modification of the State, so it's attached to everything. Then these all contain a covenant of good faith and fair dealing by Flagstone and by the City in reasonably complying with all of their respective obligations. Yes, there were only two conditions, and those two conditions have been fulfilled. One was to obtain the state waiver; that has occurred. The second is for Flagstone to bring the $300, 000 check to the City. And Mr. May, if you would like to show that to everyone. Thank you. City ofMiami Page 77 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Commissioner Spence -Jones: Mr. Chairman, I just want to have a little comment. Chair Gort: Yes. Yes, ma'am. Commissioner Spence -Jones: I just want to make sure he's finished. Vice Chair Carollo: Yeah. And that's $300, 000 from September of last year until today, so pretty much in a year. Ms. Jones Jackson: From October 1 of last year. Vice Chair Carollo: Okay. Ms. Jones Jackson: Because remember, when they were here last year in September, they paid the amount that was due then, which was the 200,000 -- Vice Chair Carollo: And -- Ms. Jones Jackson: -- so this brings them current. And then they would begin paying the new portions October 1, 2011. Vice Chair Carollo: -- that's just, you know, one of my points, and I'm not going to rehash the whole debate that we had in the past and so forth because, like I said, I respect this Commission. I respect the will of this Commission. However, that's $300, 000 in a year for one of the most prominent, precious lands that we have in the City ofMiami. And like I said, I know another precious land not too far away that in three days netted $300, 000, three days. So, you know, again, it appears to me that -- from what you're saying is that we have to approve this waiver now, or I don't know if that's the right, you know, terminology. I'm not an attorney. And if that is the case, then I will be, you know, voting in favor of it, but only because of what you're saying, only because legally we don't have any room to renegotiate from what you're saying, and only because I respect the will of this Commission. Thank you. Chair Gort: Thank you. Yes, ma'am. Commissioner Spence -Jones: Okay. Thank you, Commissioner Carollo and Commissioner Sarnoff for your comments on it. And I, too, respect the will of the Commission so that's never the issue. But I think we all can admit, though, we also respect the will of our constituents -- Vice Chair Carollo: Absolutely. Commissioner Spence -Jones: -- and that to me supersedes anything because those are the people that elected to put me here. So if I'm not due diligent on these issues that think are important to them, then I'm not being responsible. So -- and it's not personal, Mr. May. It's not personal on the project. But you know, for me it's about principle and doing what I feel is right for the people that elected me. Mr. May: Absolutely. Commissioner Spence -Jones: So on that end, I just want -- I don't want my fellow Commissioners to feel like I'm disrespecting them and what they want to do, but I do have a bigger obligation. The second part of that that I want to make sure that I'm clear, especially with my fellow colleague 'cause I -- while I was not involved in all the City actions that you guys did over the last two years, I do know that you were on the grind with making sure that everything that needed to happen from the Marlins Stadium side of it happened or at least as close as you could get it to happening. So this is never really a question about whether or not City ofMiami Page 78 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 you did your part on it. But I know that in the midst of -- when I was here for these four years, there were key things that I know that I asked for to have in that Marlins agreement. And as you know that -- you know, during that particular time, Commissioner Sarnoff knows this, that you know, me -- I was very much involved in trying to make sure that key issues like small businesses and, you know, the -- not only just local jobs, but small businesses also participated in that and -- in the overall agreement. And while I understand a lot of times people commit to doing things and they have the best intentions but for whatever, are not -- just -- the follow-through is not there. There was one clear thing know I asked for and that was to make sure that a monitor was hired by the Marlins to make sure that all these things were met and it didn't happen. And this is public money. You know what I mean? So thank God you were there to kind of make sure, at least from the jobs' perspective, those things happened, but you have a million and one other things going on, too. You know, you shouldn't have to be responsible for doing a drill down on it. And I'm just saying I don't want to see -- under my watch, I don't want to see the same things happen. You know, if you made a commitment on the record, right here, made a commitment, chamber full -- Sarnoff was here, you know. Andl don't think you supported it the first go around, if I'm not mistaken. Commissioner Sarnoff.. Thank you. I just want to go on record as opposed to what happened last night. Commissioner Spence -Jones: Right. So you didn't support it the first round. And a lot of the issues why you didn't support it was because you -- I think that you felt very strongly about really -- you were concerned, if I'm not mistaken, about the issue of the jobs and the issue of the public money being used in this case and not going to the people. That was your argument, you know, so I'm in the same seat you were sitting in. It's like I don't want to be placed in a situation where the little small businesses in your particular districts that could do the painting or could do all those things -- just not District 5. I'm just saying just in general that they don't -- we don't get commitments that they don't live up to. So for me, I just want my fellow colleagues to not feel like ifI don't vote with them today, that it's -- I'm not respecting their will. No, I respect your will, but I also have constituents that I have to also respect as well, so that is my position. Commissioner Sarnoff.. Mr. Chair. Chair Gort: Thank you. I want you to know the unemployment in the City ofMiami, I believe it's about 13 or 14 percent, so that's a concern that all of us have. Commissioner Spence -Jones: Yes. Chair Gort: And the (UNINTELLIGIBLE) is because one of the problems in the City ofMiami is the rumors. People go on the radio station and like last night stating that only 1 percent had been hired by the Marlins Stadium where we know it's been over 30 percent. They're reporting back, which is something that we've been getting from the Marlins -- every month we get a report of the employees that they have. I think that monitoring is very important to have the facts so when people make statement, here are the facts. I believe that is very important we maintain facts. And also, we got a lot of small businesses and suppliers that could supply the merchandise that you might need to do a new construction. They might be just as sufficient and good and maybe a better price. So small businesses also are very important. Yes. Commissioner Sarnoff.. Mr. Chair. Madam City Attorney, let me just see ifI could put this in perspective for, I think, Commissioner Suarez, who gets this pretty well. After the September 2010 vote, there were two conditions precedent that needed to occur. Ms. Jones Jackson: That is correct. Commissioner Sarnoff.. So those two conditions precedent have in fact occurred? City ofMiami Page 79 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Ms. Jones Jackson: That is correct. Commissioner Sarnoff. So we are now obligated under the terms and conditions of our contract with -- Commissioner Suarez: To act in good faith. Commissioner Sarnoff. -- Flagstone to move forward. And there is not only -- there is actually not an implied covenant of good faith and fair dealing, but an actual expressed covenant of good faith and fair dealing. Ms. Jones Jackson: That is correct. Commissioner Sarnoff. Let me just warn -- I don't mean this disrespectful to you guys in the least. The last thing you want to do is put them in a position to sue us. Their damages could be wildly big. And we simply need to live up to what we had to do. And let me put it in a little bit of perspective for everybody here. And maybe you'll remember this, Commissioner Spence -Jones. When I didn't vote for the Marlins the first time -- and that was whether we should build the stadium, and I'm not going to go into why I didn't do it; pretty much, the record's there -- but the second vote was about a vote to make sure there were no cost overruns visited upon the taxpayers. And even though I didn't support the first one, like Commissioner Carollo, I knew that democracy had occurred and that a vote had occurred and my colleagues had decided something that I didn't think was correct, but that was the will of the Commission. So my next vote -- andl want to say this very clearly on the record -- was to -- there's a reason I'm doing it 'cause I'm going to tie it into this -- protect the taxpayers from cost overruns, to make sure that the Public Works met exactly as they were supposed to as it didn't happen in the American Airlines Arena and you bore over $18 million in cost overruns. So today, what I would tell you is don't give -- andl don't mean this disrespectful to you at all in the least -- Flagstone any reason to have any positional difference with this Commission because as a litigator, and taking myself out of this seat, I think they'd have an incredibly good position against us. Commissioner Spence -Jones: Mr. Chairman. Chair Gort: Yes. Commissioner Spence -Jones: I just want to add on to Commissioner Sarnoff. Your -- the commentfrom -- you know, the difference I think in the last -- the next time that you had to take a vote and you were kind of in the position where you had no choice, I think that that was based upon, I think, a four fifths vote or something like that, so that's why your vote was required. I think in this manner, that's not the case at all, so I just want to make sure that we're clear that there are two different -- in this instance, there are two different issues. I would never want to put the City nor the Commission in any kind of legal issue. That's not what this is about, but I cannot vote for something that I just really feel is not right. Chair Gort: Thank you. Yes, sir. You're rec -- Mr. May: Mr. Chairman, I just want to make one -- you know, one brief comment. And that is that, first of all, again, we appreciate everybody's diligent effort in taking the time to see this through to this point. And whatever the will of the Commission is, the will of the Commission is, and we understand that and respect it. I just want to say, though, for the record that sort of the -- you know, the golden goose here -- or the golden egg at the moment here is the jobs, right, that can be created and actually help the employment situation in the city. And also, the other piece of the golden egg is, you know, when the project is actually built, you know, there's $2 million there for the City, at minimum, per year. If certain things don't get built under the agreement, City of Miami Page 80 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 you know, if fractional ownerships don't get paid, there's $3.7 million penalty to Flagstone, lump sum payment to the City. So there are significant -- there have been significant modifications to the deal that are to the benefit of the City in exchange for allowing the project which, let's all face it, the golden goose here that will lay the golden eggs is the project itself. And so that being said, I just want to reiterate to you that if the vote here today is a positive, we're your partner. We're in this together. And the objective is to get the project built, to get it stabilized and to allow it to produce for the people of the City ofMiami and for the public at -large, and that's what we're in it for. And all the concerns that have been expressed here on the record, we will be your partner in addressing them every step of the way. And our objective is to work closely with you. And we hope that when those bumps in the road occur and those issues do pop up, and they will invariably on a project like this, that we can all work together to try to resolve them and get through it and actually get to the point where this project is built and is producing for the people of the city. So -- Chair Gort: Okay. Mr. May: -- with that, I thank you. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: Two points. First, I want clarity from staff as far as -- you know, and Mr. May just mentioned something. If this is approved today -- and obviously it needs a vote -- I want clarity from staff. If this is not approved today, is there any room for renegotiations, or does our legal representative believe that no, there is no room for renegotiation and we're opening up for a lawsuit that you do not feel we could win? I want clarity on that. Ms. Jones Jackson: We advise against that. There were two conditions precedent that this Commission set forth last year in September when all of the documents were negotiated and approved. Those exact documents have been approved now in the form that you approved by the State board of trustees, okay. And any -- you had two conditions precedent and those have been fulfilled and there's an expressed covenant. Commissioner Spence -Jones: I got -- I just want to be clear, Robin. Then so are you saying that the 40 percent that they've put on the record, that they're including? 'Cause that wasn't included in the State's -- what you guys brought in front of the State. Ms. Bru: Commissioner, I think that you could treat that proffer that they made just as a voluntary expression on their part. I don't believe that that would be something that would be incorporated into the contracts, which would be an enforceable legal right that we would have against them. They are well within their ability as our partner -- and truly, this is a public private partnership. It's well within their authority to say we're going to go above and beyond what the contract obligates us to do. And as a matter of just community goodwill and goodwill with their partner, which is the City ofMiami, we can entertain that outside the four corners of the agreements. Commissioner Spence -Jones: Okay, so -- and this is all I'm saying. So are you saying that even though it's not legally in the document, that if we had other issue -- other things that we would want to see proffered in there, that that is possible as well, just like they put the 40 percent in there? Are you saying that that's the case? Ms. Bru: Again, Commissioner, I'm not saying that this -- that these documents can be amended now or that there's further room for negotiation without exposing the City to liability. The answer is clear. There isn't room for further negotiation at this point without exposing the City to liability. City ofMiami Page 81 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Commissioner Spence -Jones: I got it. Ms. Bru: This is a long-term partnership going forward. Commissioner Spence -Jones: I got it. Ms. Bru: There's always room for the partners to voluntarily come into agreements. Commissioner Spence -Jones: I got it. Chair Gort: One of the reason you told me to go to Exhibit A, but Exhibit A is not what I was asking you, which is now they're complying with these two terms, but they have other terms where they have to start building within a certain time and if they don't, there's a penalty to it. And there's certain things that -- and criteria that we placed in there they have to comply with, and it's very important that we understand that. Okay. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: One last thing. Thank you. Believe me, Commissioner Spence -Jones, I've tried. My colleagues know. I think the Administration knows. I think everybody knows how I've fought for, you know, better terms, better contract and so forth. And let me be perfectly clear because this is -- recently just have been brought up and actually it's gotten me a little bit by surprise because let me be perfectly clear. The reason that debate up here so hard andl discuss andl welcome it is because I clearly know who my boss is. Unfortunately, my boss or bosses isn't sitting in this chair to make a decision. They actually voted so that represent them, and I have never, ever, ever forgotten that. As a matter of fact, there's been many times that I've been told, Commissioner, it'll be easier if you just look the other way and don't debate so hard, don't discuss so hard. Commissioner, believe me, you've done a very good job. No one could say you didn't fight for your residents. And my answer was, that's not the point. The point is not that I've looked pretty good in the face of -- or in the eyes of my residents. My point was, no, this is not right, andl'm going to keep going because this land is owned by the residents of the City of Miami. So I want to be perfectly clear -- andl'm sure, Mr. Manager, all the assistant managers and so forth, that can substantiate how hard pushed for the residents thatl represent. I think a lot of times there's been issues with cost -- it'll be easier for me just to look the other way and say, you know what, do it. What's an extra thousand or two or so forth? However, I clearly know that the owner of those dollars -- of that money are -- is the citizens -- are the citizens. And I want to be perfectly clear that I clearly know who my bosses are, that I clearly know who I represent, highest authority, the whole nine yards. However, right now when we take a vote, a very crucial vote, we don't have thousands of people standing here ready to vote. They actually voted to represent us. And with that said, even though I have fought extremely hard on the City side -- and when I say the City side, obviously knowing that I'm representing the citizens of the City ofMiami -- it appears to me that in this case the Commission that represents the citizens have made a decision, and unless the City Attorney is telling me that we have some room for renegotiate -- but it doesn't appear that's the case -- then I will have to vote in favor of this. And I think this will probably be my first vote in favor of anything regarding Flagstone. Chair Gort: Let me ask a question. Was this voted by the citizens of the City ofMiami in an election? Ms. Jones Jackson: Actually, Commissioner, it was. Chair Gort: Okay. City ofMiami Page 82 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Ms. Jones Jackson: In September 2001, it went to the electorate. Chair Gort: And that was a different time andl know, but it was -- okay, thank you. Ms. Jones Jackson: There was a referendum -- Vice Chair Carollo: Yeah. Ms. Jones Jackson: -- of the City residents that were voters in order to award the project to Flagstone. Thank you. Chair Gort: Okay. Vice Chair Carollo: Now has -- from when they voted, which was at least ten years ago, okay -- and in those ten years, there's revenues that they expected to receive that we have not been receiving, so let's put everything in perspective. And if that vote goes through or if that goes to the voters again at this time, would they still approve it? And in the meantime, in these ten years, have the terms changed? Have --? Ms. Valdes: Commissioner, the question on the ballot was very specific as it relates to what would the City ofMiami receive. And it said a minimum guaranteed rent of $2 million. "That's what it said. It also was very specific as to what it would provide in terms of the construction. So in answer to your question, the voters did approve the rental amount. It does say, though, the start date. Those requirements were not -- those actions were not in the referendum language. Vice Chair Carollo: And would you agree that $2 million in 2001 is very different from $2 million now? Chair Gort: Of course. Ms. Valdes: That's a Carlos Migoya question. Vice Chair Carollo: And maybe that's why Mr. Migoya and I, you know, financially always, you know, were -- listen, I'll leave it at that. But I think it's very fair that when we're voting now and you say, well, this was approved by the voters -- yes, ten years ago. I think the voters, if you would have asked them now and said, hey, listen, when you voted for this, did you think it was going to take ten years? They would have said, absolutely not. And if you ask them now, hey, $2 million, they would have said, no, no, wait a second. Two million dollars in 2001, maybe 2002, 2003, but this is 2011 going into 2012, no. So I venture to say if we put it out to the voters again, the $2 million will not carry much weight. And as a matter of fact, I'd be the first one out there telling them we need more money. Chair Gort: I agree. Okay, any further discussion? Being none, all in favor, state it by saying aye." Commissioner Suarez: Aye. Vice Chair Carollo: Aye. Chair Gort: Aye. Commissioner Spence -Jones: No. Chair Gort: And four aye, one nay. Thank you. Please give the check to the -- City ofMiami Page 83 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 RE.7 11-00203 Department of Capital Improvements Program Ms. Valdes: Thank you. Chair Gort: Make sure you deliver the check. 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 Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Suarez Chair Gort: RE.5, Lotus House. Albert Sosa (Director, Capital Improvements Program): RE.5 -- I believe RE.5 is -- Vice Chair Carollo: RE.7. RE. 6 was Flagstone. RE.7, Commissioner. Chair Gort: Oh, we did --? Mr. Sosa: Albert Sosa, director of Capital Improvements. RE.7 is a resolution amending the City ofMiami 2010-2011 multiyear capital plan to include the projects in District 6. And -- I'm sorry, District 3. I apologize. I added a district to the City. My mistake. And the Capital Improvement Program is tasked with creating the capital plan on an annual basis. In February, it was approved for the districts, with the exception of 3, and this is the presentation of the balance of the projects for District 3. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: And just real quick, this is, you know, once again, knowing the projects of the district thatl represent for the citizens, what their needs are, make sure that's being addressed. Make sure how much money we're spending because realistically -- and it's already occurred in various times -- if we can save money on things that do not need to be build or not need to be done, the truth of the matter is we have more money for other projects that are needed. So, you know, I really want to work with you guys, with the whole CIP (Capital Improvements Program) team to make sure that we address all the issues that are needs in City ofMiami Page 84 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 District 3. So with that said, I make a motion to defer to the first meeting in October. Chair Gort: It's a motion to defer first meeting in October. Commissioner Spence -Jones: Second, and l just have a comment. Chair Gort: Second. Discussion. Commissioner Spence -Jones: Discussion, right. First of all, Alice, thanks -- Alice and Mr. Sosa, for like really drilling down with me on all the D5 (District 5) projects, so it's been really helpful to at least know where my projects are. As you guys know, four years ago a lot of my emphasis was on key projects. And some of the things, you know, have kind of gotten shifted. So I kind of know where you stand on your issues, making sure that your constituents are happy with them. But do know that Mr. Sosa and Ms. Brava [sic] are working with me on those issues. I just want to make sure on the record you guys put that based upon what you told me in my meeting, that despite what was voted on prior to on the capital improvement plan, I'm able to still bring back those issues to make changes, correct? Okay, I just want to make sure. Mr. Sosa: That's correct. We have -- through the regular appropriations process, we have items on a monthly basis where we can adjust funding between the projects and reprioritize projects. Commissioner Spence -Jones: So whatever we vote on now, we -- whatever was voted on, I can always bring back? Okay. Mr. Sosa: Absolutely. Commissioner Spence -Jones: All right. Alice Bravo: Alice Bravo, assistant City Manager. The capital plan is a living document, as Mr. Sosa represented. We can adjust it at any time through the appropriation process and it gets updated annually and to reflect the changing needs in each area of the City. Commissioner Spence -Jones: Okay, no problem. Thank you, guys. Chair Gort: Thank you. Is there any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Chair Gort: Okey-doke. RE.8 RESOLUTION 11-00777 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Waste RECEIVED AUGUST 9, 2011, PURSUANT TO INVITATION FOR BID NO. 273268, FROM CASCADE ENGINEERING, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PURCHASE OF INJECTION -MOLDED MOBILE REFUSE CONTAINERS FOR AUTOMATED GARBAGE COLLECTION -CITY OF MIAMI AND THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO City of Miami Page 85 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 RE.9 11-00756 Department of Purchasing RE.10 11-00778 Office of the City Attorney THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 11-00777 Summary Form.pdf 11-00777 Award Recommendation Form.pdf 11-00777 Tabulation of Bids.pdf 11-00777 Letters - Purchase Mobile Refuse Containers.pdf 11-00777 Invitation for Bid.pdf 11-00777 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PROCUREMENT OF LEASE PURCHASING, FROM MEARS MOTOR LEASING, ON AN AS -NEEDED CONTRACTUAL BASIS, USING THE EXISTING CITY OF CLEARWATER CONTRACT NO. RFP 32-08, EFFECTIVE THROUGH SEPTEMBER 30, 2013, FOR THE PURPOSE OF CREATING A SINGLE STREAM RECYCLING PROGRAM FOR THE DEPARTMENT OF SOLID WASTE, IN A LINE OF CREDIT AMOUNT NOT TO EXCEED $3.5 MILLION, WHICH WILL INCLUDE THE PURCHASE OF INJECTION -MOLDED MOBILE REFUSE GARBAGE CONTAINERS, AS CITED IN INVITATION FOR BID NO. 273268, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE CITY OF CLEARWATER. 11-00756 Summary Form.pdf 11-00756 RFP - Lease Purchasing.pdf 11-00756 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 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 LT. JEFFREY LOCKE IN THE CASE OF CRAIG GELBARD VS. CITY OF MIAMI, ETAL., PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 11-CV-22876-JEM; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 11-00778 Memo - Office of the City Attorney.pdf 11-00778 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez City of Miami Page 86 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 R-11-0362 Chair Gort: We just go a few items, so maybe come back at 2: 30? Commissioner Spence -Jones: What do we have now? Vice Chair Carollo: He's asking for a lunch recess. Chair Gort: Lunch break. Vice Chair Carollo: Lunch recess. Commissioner Spence -Jones: Okay, do you want tojust go ahead and take RE.10 so we can be done with it? 'Cause it's all you have, I think, and then we could just do the PZ (Planning & Zoning) item. Chair Gort: Yeah, RE.8 -- Commissioner Spence -Jones: 'Cause these items are just like quick, little items. Chair Gort: 8 and 9 have been deferred so -- Commissioner Spence -Jones: Right. Chair Gort: -- RE.10 -- I don't have any problem. You got -- yes. No problem. Commissioner Spence -Jones: Let's get it out of the way so we just have that one -- Chair Gort: Go, RE.10. Priscilla A. Thompson (City Clerk): Just for clarification -- I just want to make sure we're on task. We actually do have RE.10, RE.12, and RE.13, okay. So we still have those three RE (Resolution) items. Vice Chair Carollo: And the tabled items also. Commissioner Spence -Jones: Right, but this is -- these are short items, to my understanding, correct? RE.10 is a short item, right? Julie O. Bru (City Attorney): 10 and 12 are City Attorney items. They should be quick. The -- RE.13 is raging the collective bargaining agreement with 871. Commissioner Spence -Jones: You guys want tojust get it out of the way so --? Chair Gort: Yeah, I don't have any problem. Commissioner Spence -Jones: Okay. Ms. Bru: Mr. Chairman, members of the Commission, RE.10 is a resolution that seeks authorization for the engagement of outside conflict counsel. We would seek to engage the law offices of Oscar Marrero for the representation of Lieutenant Jeffrey Locke. Lieutenant Locke is a member of the Miami Police Department. He currently is litigating a claim against the City, a claim based on allegations pertaining to a promotional exam. Therefore, under the Florida Bar rules, we cannot represent him in a claim that now has been filed against the City and various members of the Police Department, including him, arising out of the course and scope of his City of Miami Page 87 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 employment and an arrest that took place. We've done what we normally do in terms of checking to make sure that there would be no basis to at this point recommend against representing him. We're following the state law. I think that the last time that I brought this matter for consideration was in connection with representation of Chief Exposito, and we did an extensive discussion about what the law is, what the common law was, what the statute is. And if you have any further questions, I'll be glad to answer. Also, at that time, I provided a firm brochure regarding the firm of Oscar Marrero, and he does charge us a very reasonable rate for very good results, $200 an hour. In this case because it's a federal civil rights case, we estimate that it could be as much as a -- either a $30, 000 case if it just goes through trial, or if it goes on to an appeal, it might be even a $50, 000 case. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff. Madam City Attorney, I'm curious. Because when we had the Exposito matter -- andl'm not talking about the one where he was sued but the one we just had -- andl'm not trying to bring up bad feelings or anything -- but you cited 4-1.8 and showed us how that worked with regard to a city and how it worked to compartmentalization of issues. And you said there was not a conflict of interest for Mr. Milian to represent us because it was a wholly different matter that he was litigating with the City. If in fact Mr. -- if that is true and under the same logic and same tree of logic, then why would Lieutenant Jeffrey Locke need separate representation if it's a wholly separate issue? Ms. Bru: Commissioner, I don't remember the specific details ofMilian. In that case, he is the attorney who would have to entertain the question of whether or not he has a conflict. And he addressed it. He's an officer of the court, you know. He explained why he believed he didn't have a conflict. If there were to be a problem, it would be his problem with the Florida Bar and not ours. In this case, it is my office that has to undertake the inquiry. And as successful as we are -- and have to tell you that we -- at any given time, we have in excess of 50 cases we're representing police officers throughout the years. Currently, we only have one case that we've had to conflict out involving a police officer. So -- but in this case, clearly it would -- you know, we have -- even though we try to put up a Chinese wall between the labor and employment department and the litigation department, we are a very small office and the Florida Bar rules have been consulted. I mean, we've consulted the rules and Bar resources and we cannot represent the officer in this case. Commissioner Sarnoff. So you've checked with the Bar and they've said no? Ms. Bru: Yes. Commissioner Sarnoff. Okay. Ms. Bru: We always do. Chair Gort: Okay. Any further discussion? Do I have a motion? Commissioner Spence -Jones: Second. Chair Gort: Do I have --? Commissioner Spence -Jones: I thought you -- I'm sorry. Commissioner Sarnoff. I'll move. City of Miami Page 88 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Vice Chair Carollo: Move it. Chair Gort: Moved by -- Commissioner Spence -Jones: I saw your mouth move. Chair Gort: -- Commissioner Sarnoff, second by Commissioner Spence -Jones. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Chair Gort: RE.11, we took care of it. RE.11 RESOLUTION 11-00823 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MANATEE BEND, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR THE ACQUISITION OF THE PROPERTY LOCATED AT 457-485 NORTHEAST 77 STREET ROAD, MIAMI, FLORIDA (THE "PROPERTY"), AS LEGALLY DESCRIBED IN THE AGREEMENT IN CONNECTION WITH THE DEVELOPMENT OF THE LITTLE RIVER WATERFRONT PARK FOR THE TOTAL PURCHASE PRICE OF FIVE HUNDRED NINETY THOUSAND DOLLARS ($590,000), AND TO FINALIZE THE TRANSACTION IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT; FURTHER ALLOCATING FUNDS IN A TOTAL AMOUNT NOT TO EXCEED SIX HUNDRED THOUSAND DOLLARS ($600,000), ONE HUNDRED SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS ($117,500) TO BE PROVIDED BY THE FLORIDA INLAND NAVIGATION DISTRICT AND FOUR HUNDRED EIGHTY TWO THOUSAND FIVE HUNDRED DOLLARS ($482,500) OF REQUIRED MATCHING FUNDS TO BE USED FROM THE BISCAYNE BAY/MIAMI RIVER LAND ACQUISITION TRUST FUND, TO COVER THE COSTS ASSOCIATED WITH THE ACQUISITION OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO SURVEY, ENVIRONMENTAL REPORT, AND TITLE INSURANCE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCOMPLISH THE ACQUISITION OF THE PROPERTY. 11-00823 Summary Form.pdf 11-00823 Certificate.pdf 11-00823 Memo - FL Dept. Env. Protection.pdf 11-00823 Legislation.pdf 11-00823 Exhibit 1.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0361 City of Miami Page 89 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Note for the Record: Items RE.11 and RE.3 were discussed together. Chair Gort: Now you want to go to RE.11. Commissioner Sarnoff. I would move RE.11, Mr. Chairman. Commissioner Suarez: Second. Chair Gort: It has been moved and second. Any -- Priscilla A. Thompson (City Clerk): Question, please. Chair Gort: Yes. Ms. Thompson: IfI might. Wanting to make sure we comingled the discussion ofRE.3 and RE.11. RE.3 resulted in a modified resolution; you made amendments. I'm trying to be clear as to whether or not on RE.11 there were modifications made to the resolution? Commissioner Sarnoff. No need -- Chair Gort: No need. Commissioner Sarnoff. -- for a modification. Chair Gort: Okay. Commissioner Sarnoff. Continue the motion. Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Commissioner Sarnoff. Congratulations. Chair Gort: Thank you. Thank you for the job well done. It's beautiful. Applause. RE.12 RESOLUTION 11-00815 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF JENNIFER H. WHEELOCK, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $55,000, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.524000.0000.00000. City of Miami Page 90 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 11-00815 Memo - Office of the City Attorney.pdf 11-00815 Memo - Financial Signoff.pdf 11-00815 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-11-0363 Chair Gort: RE.12. Julie O. Bru (City Attorney): Mr. Chairman, RE.12 is a resolution that seeks authorization for the -- Commissioner Spence -Jones: So moved. Vice Chair Carollo: Second. Chair Gort: Moved and second. Moved by Commissioner Spence -Jones, second by Commissioner Carollo. Is there any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. RE.13 RESOLUTION 11-00828 Department of Human A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Resources ATTACHMENT(S), RATIFYING THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AFSCME, LOCAL 871, AFL-CIO, FOR THE PERIOD OF OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2013. 11-00828 Summary Form.pdf 11-00828 Legislation.pdf 11-00828 Exhibit 1.pdf Motion by Commissioner Spence -Jones, 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 Spence -Jones R-11-0364 Chair Gort: RE.13. Beverly Pruitt: Beverly Pruitt, director of Human Resources. Mr. Chairman, this is a resolution between the City ofMiami andLocalAFSCME (American Federation of State County and Municipal Employees) 871 raging their agreement for a period of October 2010 -- October 1, 2010 through September 30, 2013. Commissioner Spence -Jones: So moved. Vice Chair Carollo: Second. City ofMiami Page 91 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 BC.1 11-00794 Chair Gort: It's been move and second. Any further discussion? Being none, all -- Commissioner Sarnoff. Wait, I have a question. Chair Gort: Yes. Commissioner Sarnoff. It's a point of curiosity. We would lock ourselves into that position for a period of three years. Ms. Pruitt: Three, yes, sir. Commissioner Sarnoff. I thought contracts were two years. Is it three years? Ms. Pruitt: Customarily, three years. Commissioner Sarnoff. Three years. And if in that -- and in the event that we continue to have an eroding ad valorem base, we would then be locked into this contract, right? Diana Vizacaino (Assistant City Attorney): IfI may, Commissioner. This contract provides for reopeners as it -- Chair Gort: And you are? Ms. Vizacaino: Oh, Diana Vizacaino, assistant City Attorney for the City of Miami. This contract provides three reopeners for wages, pension, and group health. These reopeners shall be in April of next year, in which we will have an opportunity to discuss and negotiate those items. Commissioner Sarnoff. So in the event we're in a further financial issue, we could reopen? Ms. Vizacaino: That is correct. Commissioner Sarnoff. Okay. That's all wanted to hear on the record. Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. END OF RESOLUTIONS BOARDS AND COMMITTEES RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Clerk EMPLOYMENT REQUIREMENTS BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO DUCOSSE DELVAAS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL. 11-00794 CIP Employment Waiver CCMemo.pdf 11-00794 CIP Current Members.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. City of Miami Page 92 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo Priscilla A. Thompson (City Clerk): If we can go back now because I do have four fifths individuals here or -- Commissioner Spence -Jones: Yes, Madam City Clerk, we can go back. Ms. Thompson: Okay. BC.1 is a four fifth employment waiver that's necessary because Mr. Delva is an employee of the Miami Public School System. He's also a City resident. So based upon Section 2-884(e) of the Code, his serving on the board and his employment can be waived by four fifths of the Commission. On BC.1. Commissioner Spence -Jones: Madam City Clerk, who was the -- who appointed -- was he appointed to this particular board? Ms. Thompson: Yes, he was. I'm sorry. Commissioner Spence -Jones: By who, just so I know? Ms. Thompson: If you just let me check. Commissioner Spence -Jones: Okay, no problem. Thank you. Oh, I think -- CarolAbia: IfI may, Commissioner. Commissioner Spence -Jones: Sure. You're recognized. I'm sorry. Ms. Abia: Yes. Mr. Delva was appointed by Reverend Dunn, former Commissioner Dunn. Mr. Delva is employed with Miami -Dade County School Board. I contacted Miami -Dade County School Board, and of course, they have advised that School Board employees are not employees of Miami -Dade County. They're a separate entity altogether. He was appointed on June 10, 2011. He's a resident of District 5, a very active member for the short time that he has been with the board, and one of the very few Haitian American applicants that we have. Currently, we have two on the board, one of course has reached term limit, so Mr. Delva would be the only Haitian American on our panel. Commissioner Spence -Jones: Okay. Madam -- What's your name? Ms. Abia: CarolAbia. Commissioner Spence -Jones: Okay. Carol, I have not had an opportunity -- I didn't realize that this was a D5 (District 5) appointment. I would like to definitely meet him. That's why I'm not making any appointments today 'cause I want to meet not only the board members that were appointed after me, you know, but just to kind of figure out whether or not we're on -- we're moving in the same direction. So I would rather this item be deferred until I get a chance to meet him. Ms. Abia: Thank you, Commissioner. We'll arrange -- Chair Gort: Okey-doke. Ms. Abia: -- for that. Commissioner Spence -Jones: No problem. City of Miami Page 93 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Ms. Thompson: Then you'll be making the -- Chair Gort: Spence -Jones waive. Ms. Thompson: Okay, then we -- you'll be making the motion for us to continue this to the -- Commissioner Spence -Jones: Yes. Ms. Thompson: -- October 13 meeting? Commissioner Spence -Jones: So moved. Commissioner Sarnoff. Second. Chair Gort: Move and second. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Ms. Thompson: Thank you. BC.2 RESOLUTION 11-00512 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: David R. Berley Commissioner Marc David Sarnoff 11-00512 CEB CCMemo.pdf 11-00512 CEB Current Members.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-11-0367 Chair Gort: My understanding, we left in board appointments. Priscilla A. Thompson (City Clerk): Chair. Chair Gort: Yes. Ms. Thompson: We have four of those board appointments that are going to require a four fifth vote or a five five. Would you like for us to move through the ones that we can go through without the requisite number? Chair Gort: Yes, ma'am. City of Miami Page 94 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Ms. Thompson: Okay. On BC.2, we have the Code Enforcement Board, and we have appointments to be made by Commissioner Sarnoff, Commissioner Spence -Jones, and then the Commission at -large. Commissioner Sarnoff. This is Code Enforcement, right? Ms. Thompson: That's correct. Commissioner Sarnoff. I would appoint David Berley, B-E-R-L-E-Y. Ms. Thompson: All right. Commissioner Spence -Jones. Commissioner Spence -Jones: Madam City Clerk, I'm not doing any of my appointments today so Ms. Thompson: Do the Commissioners who are here want to make any at -large appointments? Chair Gort: I'm sorry. Will you speak in the mike, please? Ms. Thompson: Do you want to make any at -large appointments? You have the ability to do that. Commissioner Spence -Jones: For Code Enforcement? Ms. Thompson: Yes. If not, then we do have the nomination for Mr. David Berley, andl would need a motion. Commissioner Spence -Jones: Second. Ms. Thompson: A motion by? Chair Gort: Commissioner Sarnoff -- Ms. Thompson: Second. Chair Gort: -- second by Commissioner Spence -Jones. And all in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Thompson: Commissioner Suarez, are you part of this vote? Commissioner Suarez: Nope. Ms. Thompson: Okay, thank you. BC.3 RESOLUTION 11-00545 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Clerk ATTENDANCE BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO CARLOS MORALES AS A MEMBER OF THE COMMUNITY RELATIONS BOARD. 11-00545 CRB Attendance Waiver CCMemo.pdf 11-00545 CRB Waiver Current Members.pdf City of Miami Page 95 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-11-0366 Priscilla A. Thompson (City Clerk): On BC.3, we have a four fifths attendance waiver that is needed for Mr. Carlos Morales. He's a member of the Community Relations Board. And those appointments are from the -- Commissioner Suarez: Move it. Chair Gort: It's been moved by Commissioner Suarez, second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. BC.4 RESOLUTION 11-00514 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Barbara Rodriguez Chairman Wifredo (Willy) Gort (Term ending 5/13/2013) Michael Barket Commissioner Marc David Sarnoff (Term ending 5/13/2013) David Young Commissioner Marc David Sarnoff (Term ending 5/13/2013) Adriana Oliva Commissioner Francis Suarez (Term ending 10/28/2013) Lyse Cuellar -Vidal Commissioner Francis Suarez (Term ending 10/28/2013) 11-00514 CRB CCMemo.pdf 11-00514 CRB Current Members.pdf 11-00514 CRB Recommendations.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-11-0365 A motion was made by Commissioner Sarnoff, seconded by Commissioner Suarez, and was passed unanimously, with Vice Chairman Carollo absent, to appoint Babara Rodriguez and Lyse Cuellar -Vidal as members of the Community Relations Board; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Babara Rodriguez and Lyse Cuellar -Vidal as members of the Community Relations Board. City ofMiami Page 96 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Priscilla A. Thompson (City Clerk): On BC.4, we have appointments to be made to the Community Relations Board. The Community Relations Board in your backup documentation did send in recommendations for individuals, so it is left up to the Commission. Chair Gort: At this time, I would like to nominate Barbara Rodriguez, who's been absent before because of health reason, but she's been very active in the past and she's willing to come back. Ms. Thompson: So then she -- if that is approved, she will need the four fifths attendance waiver as well. Chair Gort: Correct. Commissioner Sarnoff.. So move. Chair Gort: It's been moved by Commissioner Sarnoff. Commissioner Suarez: Oh, wait. I want to appoint somebody. Chair Gort: Second by Commissioner Suarez. Commissioner Suarez: Yes. Can I appoint someone as well, or does that --? Chair Gort: Yes. Ms. Thompson: Sure. No, no, no. You have two appointments. Commissioner Suarez: I guess the board here has recommendedAdriana Oliva, who's a resident of District 4. So if it's okay with the board, I'd like to proffer her name -- Ms. Thompson: Okay. Commissioner Suarez: -- as my vacant appointee. Ms. Thompson: Right. So is it your intent, may I ask, to reappoint the individual who's already there that needs an attendance waiver? Commissioner Suarez: Sure. Ms. Thompson: Okay. Chair Gort: Okay. Any further nominations? Being none -- Ms. Thompson: I'm sorry. Chair Gort: -- do I have a motion for the --? Ms. Thompson: I'm sorry. Commissioner Sarnoff.. Maker accepts. Chair Gort: Okey-doke. Ms. Thompson: I'm sorry. City of Miami Page 97 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 BC.5 11-00804 Chair Gort: Second accepts too? Yes, ma'am. Ms. Thompson: I am so sorry. Commissioner Suarez: I accept. Ms. Thompson: Commissioner Sarnoff, I did get a sheet from your office and you -- on that sheet, you want -- Commissioner Sarnoff.. Michael Barket and David Young. Ms. Thompson: Thank you. Commissioner Sarnoff.. Judge -- I'm sorry, Judge David Young. Commissioner Suarez: I accept. Commissioner Sarnoff.. Although, he's got a nickname -- Commissioner Suarez: The seconder accepts. Commissioner Sarnoff.. -- I have a nickname, but we don't use it. Commissioner Suarez: The seconder accepts. Chair Gort: Okey-doke. Any further discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Clerk EMPLOYMENT REQUIREMENTS BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO VIVIAN WALTERS JR. AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD. 11-00804 CTAB Employment Waiver CCMemo.pdf 11-00804 CTAB Waiver Current Members.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo Priscilla A. Thompson (City Clerk): On BC.5, we need a four fifths waiver for Vivian Walters Junior, who was appointed to the Community Technology Advisory Board. That person is an employee of Dade County and a City ofMiami resident. Andl do believe that person does -- or was appointed by the District 5 Commissioner. Commissioner Spence -Jones: Yeah. All of my appointments, I would rather -- you know, I just would like to meet the people sitting on the board. Ms. Thompson: Okay, so I'll put that down as a motion for you to continue this -- Commissioner Suarez: Second. City ofMiami Page 98 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Ms. Thompson: -- to the meeting of 10/13/11. Chair Gort: Move by Commissioner Spence -Jones, second by Commissioner Suarez. All in favor, state it by saying iiye. " The Commission (Collectively): Aye. Ms. Thompson: On BC (Boards and Committees) -- Commissioner Suarez: We can't do that one. We don't have five. Ms. Thompson: Okay. BC.6 RESOLUTION 11-00232 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Clerk TERM LIMIT BY A FIVE -FIVE UNANIMOUS AFFIRMATIVE VOTE, AS IT RELATES TO MIRIAM URRAAS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD. 11-00232 EOA Term Waiver CCMemo.pdf 11-00232 EOA Termwaiver Current Members.pdf Motion by Chairman Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0368 Priscilla A. Thompson (City Clerk): Now since we have a full fiverfive, may we please go back to BC.6, Equal Opportunity Advisory Board? Ms. Miriam Urra needs a term limit waiver. Chair Gort: I make the motion to nominate Ms. Miriam Urra. Vice Chair Carollo: There's a motion by Commissioner Gort. Is there a second? Commissioner Spence -Jones: Second. Commissioner Suarez: Second. Vice Chair Carollo: Seconded by Commissioner Spence -Jones. Any discussion? Hearing no discussion, all in favor, say aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition, have the same right to say flay. "Motion carries unanimously. Ms. Thompson: Thank you. Chair Gort: Any other nominations? Ms. Thompson: We're done with all the board appointments. Thank you. City of Miami Page 99 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 BC.7 11-00517 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN. BC.8 10-00766 APPOINTEE: NOMINATED BY: Edilfa Perez Commissioner Francis Suarez 11-00517 EOA CCMemo.pdf 11-00517 EOA Current Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-11-0369 Priscilla A. Thompson (City Clerk): On BC.7, the Equal Opportunity Advisory Board, we have vacant positions there. I just wanted to call to your attention that we have not gotten any proffers from AFSCME (American Federation of State County and Municipal Employees) 1907, IAFF (International Association of Firefighters), or the FOP (Fraternal Order ofPolice). So we have four vacant positions there for the Commissioners to make appointments. Commissioner Suarez: Madam Clerk, can I reappoint my appointee, Edilfa Perez, whose term I think expires today, from what I can read here? Ms. Thompson: Correct, okay. Chair Gort: I waive mine at this time. Ms. Thompson: And Commissioner Sarnoff? Commissioner Sarnoff.. No. I'm going to pass. Ms. Thompson: Okay. So we have the motion by -- Commissioner Sarnoff.. And I'll second. Chair Gort: It's been moved by Commissioner Suarez, second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. City ofMiami Page 100 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 BC.9 11-00520 APPOINTEES: 10-00766 Health CCMemo.pdf 10-00766 Health Current Members.pdf NOMINATED BY: Vice Chairman Frank Carollo Commissioner Francis Suarez Commissioner Michelle Spence -Jones Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo Priscilla A. Thompson (City Clerk): On BC.8, we have appointments to be made by three of the Commissioners. And Commissioner Spence -Jones, one of those would be yours, and you're going to -- Commissioner Suarez: I'll continue mine. Ms. Thompson: -- defer yours, right? Commissioner Suarez: I'll continue mine. Commissioner Spence -Jones: All of mine. Ms. Thompson: Okay, all right. Then -- Commissioner Suarez: I'll continue mine as well. Ms. Thompson: Okay. Then I'll need a motion, please. Chair Gort: Continue -- Commissioner Spence -Jones: Second. Commissioner Suarez: Move it -- second. Ms. Thompson: You're moving? Commissioner Suarez: I'll move it. Ms. Thompson: Thank you. Chair Gort: Moved by Commissioner Suarez, second by Commissioner Michelle Spence -Jones. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION City ofMiami Page 101 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 11-00520 NAB CCMemo.pdf 11-00520 NAB Current Members.pdf NOMINATED BY: Vice Chairman Frank Carollo Commissioner Michelle Spence -Jones Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo Chair Gort: PC.9 [sic]. Priscilla A. Thompson (City Clerk): BC.9, it is my understanding that Commissioner Spence -Jones, you want to go ahead and move to continue yours, right? Commissioner Spence -Jones: Yes, ma'am. Ms. Thompson: Okay. May I have a second on that? Commissioner Sarnoff. Second. Ms. Thompson: Thank you. Chair Gort: Okay. There's been moved and second. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. BC.10 RESOLUTION 11-00745 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PERFORMING ARTS CENTER TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Michelle Spence -Jones Commission -at -Large Marc David Sarnoff Commission -at -Large 11-00745 PACT CCMemo.pdf 11-00745 PACT Memo -Resumes.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 102 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0370 Chair Gort: PC.10 [sic]. I don't know about this one. Commissioner Spence -Jones: Madam City Clerk, I'd like to -- We can make nominations on this? Chair Gort: Which one? Priscilla A. Thompson (City Clerk): The name -- on which one? I'm sorry. Commissioner Spence -Jones: We're on BC.10? Ms. Thompson: Yes, BC.10. Commissioner Spence -Jones: We can make nominations, correct? Ms. Thompson: The -- actually names have been proffered -- Commissioner Spence -Jones: Oh, okay. Ms. Thompson: -- by the Performing Arts Center Trust. It was in your packet, resumes as well as the individuals they recommended. Commissioner Spence -Jones: Madam City Clerk or Mr. Chairman, can we make -- do we have to take these or it has to come from another process? Can we proffer another name? Chair Gort: I think you can proffer another name, but the -- it's up to the Commissioners to make the decision. Commissioner Spence -Jones: So -- okay. Chair Gort: This is a recommendation, my understanding, from their board. But at the same time, I think we can make our own recommendation also. Ms. Thompson: I would think so. Commissioner Spence -Jones: I'd like to -- Chair Gort: Okay. Commissioner Spence -Jones: -- nominate Commissioner Marc Sarnoff for -- Chair Gort: Well, I don't know about that one. Ms. Thompson: He's one of the names -- Commissioner Spence -Jones: Oh. Ms. Thompson: -- listed. Chair Gort: Yeah. He's one of the names here. Commissioner Spence -Jones: Okay. City of Miami Page 103 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Commissioner Suarez: But I think it says here his term expires on June 12. Does that -- does he have to be renominated? Ms. Thompson: It's a new nomination, yes. Chair Gort: It's a new nomination. Both of the individual that was representing the City of Miami and Hank Klein -- Commissioner Suarez: I second the Commissioner's nomination. Chair Gort: -- and Commissioner Marc Sarnoff. I don't know. Commissioner Sarnoff.. We cannot nominate Spence -Jones? Or can we nominate someone from our board as well? Ms. Thompson: As far as I know, yes. You all -- Commissioner Sarnoff.. So let me nominate Spence -Jones as well. Ms. Thompson: Okay. Commissioner Suarez: To replace the other person, I think -- Ms. Thompson: But hold -- Commissioner Suarez: -- obviously. Ms. Thompson: All right. I just need to make sure. Chair Gort: Okay. Ms. Thompson: Because Commissioner Sarnoff, you have been nominated. There are actually two seats that we're considering at this point in time. The -- Commissioner Suarez: I second his nomination. Chair Gort: Okay. There's a motion to nominate Commissioner Marc Sarnoff, and there's a motion to nominate Commissioner Spence -Jones. Commissioner Suarez: Yes. Ms. Thompson: Thank you. Chair Gort: Okay. Commissioner Sarnoff.. I just want to know if we go to the PAC together, if we go to a show, do we have -- Ms. Thompson: I'm sorry. I'm not hearing you. Commissioner Sarnoff.. It was just going to be a joke. It was all timing. Chair Gort: Okay. City of Miami Page 104 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Commissioner Suarez: It's obviously to replace the person -- I think what she was concerned about is if there was another member (UNINTELLIGIBLE). Ms. Thompson: I just wanted to make sure. So I have the mover as Commissioner Sarnoff, is that correct? Chair Gort: Yes. Commissioner Michelle Spence -Jones nominated Commissioner Sarnoff. Commissioner Sarnoff nominated Commissioner Jones -- Spence -Jones. Commissioner Suarez: I don't think the person will mind. Commissioner Sarnoff.. You don't think he does? Commissioner Suarez: I don't know for a fact, but -- Commissioner Sarnoff.. Who's being replaced? Chair Gort: Klein. Commissioner Spence -Jones: Hank. CommissionerSarnoff.. Hank Klein. Ms. Thompson: Hank -- Chair Gort: Hank Klein. Ms. Thompson: Yes. Commissioner Sarnoff.. We'll find out. Commissioner Suarez: I don't think it's a big deal one way or the other, so. Commissioner Sarnoff.. I'll find out. Commissioner Suarez: I don't think he's going to -- given the replacement, I don't think he's going to complain too much. Chair Gort: Vice Chairman, at this time we have the nomination for the -- Commissioner Spence -Jones: If it's an issue, I don't -- Commissioner Sarnoff.. Don't worry. Chair Gort: -- Performing Arts Center Trust. Vice Chair Carollo: Performing Arts Center Trust? Ms. Thompson: Yes, that's BC.10. Vice Chair Carollo: I defer mine. Chair Gort: No, there's none. I mean, it's at -large, and the nomination has been made for Commissioner Sarnoff and Commissioner Spence -Jones. City of Miami Page 105 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 PZ.1 Vice Chair Carollo: Okay. Chair Gort: You want to discuss the one person? Commissioner Sarnoff, you want to discuss that one or --? Vice Chair Carollo: Both can't be part of it? Chair Gort: Yes. Commissioner Suarez: Yes, they are. Vice Chair Carollo: So what's the problem? I'm sorry. I came in -- Commissioner Sarnoff.. I think he's baiting you is what -- I think this is (UNINTELLIGIBLE) -- Chair Gort: Okay. There's a motion and a second. Commissioner Suarez: Aye. Chair Gort: Okay. Ms. Thompson: No, I'm sorry. I missed the seconder. That -- andl apologize. Chair Gort: The second is -- Commissioner Sarnoff.. I seconded it. Commissioner Spence -Jones: I nominated so I guess I moved Sarnoff. Ms. Thompson: Thank you. Chair Gort: Commissioner Suarez second it. Vice Chair Carollo: And the motion was for? Commissioner Suarez: Commissioner Spence -Jones to be nominated and Commissioner Sarnoff to be re -nominated. Vice Chair Carollo: For the Performing Arts? Commissioner Suarez: Right. Chair Gort: Performing Arts Center. Vice Chair Carollo: Okay. Chair Gort: Okay. All in favor, state it by saying jfes. " The Commission (Collectively): Aye. END OF BOARDS AND COMMITTEES PART B: PLANNING AND ZONING ITEMS ORDINANCE First Reading City of Miami Page 106 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 11-00806zt 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. 08-00806zt CC 09-15-11 FR Fact Sheet.pdf 08-00806zt PZAB (10-00963zt1) Reso & CC Legislation (Ver. 1).pdf LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: For File ID 10-00963zt1, 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 Spence -Jones, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Gort: Okay, PZ.1. Francisco Garcia (Director, Planning): Good afternoon, Mr. Chairman, and ladies and gentlemen of the City Commission. Francisco Garcia, Planning and Zoning director. Item PZ.1 is an amendment to the zoning ordinance Miami 21. Presently, by way of background, we do not have regulations that address the stationing or parking of watercraft on private property. It is a long-established Miami practice and zoning ordinance 11000 did have such regulations. As Miami 21 was passed, those regulations did not transfer over to Miami 21 and now approximately one year later we have been confronted with the fact that there are some of these watercraft being stationed where frankly they should not be and there are complaints about it from the abutting property owners which, of course, renders Code Enforcement basically incapable of enforcing these matters. What we are proposing as part of this legislation is that the regulations that existed in 11000 be reinstated, that watercraft be allowed only where there are single-family residences, on side yards and rear yards, and also that they be masked from the public right-of-way. The masking can take place through a fence, an opaque fence or landscaping. There are many ways to accomplish it. And in order to make sure that we have an accurate record of how they are going to be masked and stationed, we are requesting that they be processed through a warrant process. And the warrant process, as you may know, is an administrative review and approval, which can ultimately be appealed to the Planning, Zoning andAppeals Board. The last thingl will mention by way of introduction is when the Planning, Zoning andAppeals Board heard the item, the amendment proposal, their comment was that in order to save many people who are presently in compliance the money of having to go through a warrant, it might be a good idea to have some sort of a leniency period wherein all of those who City of Miami Page 107 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 are in compliance can present to the Planning and Zoning Department an affidavit showing that they're in compliance, and that affidavit will be accepted for the record in perpetuity. After that six months or one year period then the warrant requirement would apply. That's all have by way of presentation. I will answer any questions you may have. Thank you. Commissioner Spence -Jones: So moved. Chair Gort: Thank you. Commissioner Spence -Jones: It has to be opened to the public first, right? Commissioner Suarez: Second. Chair Gort: Open to the public. It's a public hearing. Anyone would like to discuss this item? Showing no one comes forward, close the public hearing. There's been a motion. Is there a second? Commissioner Sarnoff. Second. Chair Gort: Second. Any further discussion? Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: This is one of these issues that appear to be good, and I'm not sure if it is or not. I'm -- you know, I know it's first reading, so I may do one of those yes on first reading. You know, it's one of those issues that I would like to study it more, you know, and especially if there's fees and so forth, you know. So I don't know what my colleagues feel about this -- and at the same time, I don't know if it's affecting any of my colleagues' districts, so I just would like to know a little bit more. And realistically, even if we don't want to have too much dialogue on it, I definitely have reservations that I would like to really vent out in second reading. And if second reading could be, you know, in -- at least October 1 or at least after this budget process so -- Chair Gort: Right. Vice Chair Carollo: -- again, I don't know how much dialogue, you know, any of my colleagues would like to have. Commissioner Sarnoff. Andl -- Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. Candidly, Commissioner, I actually agree with you on the fee issue, and I know I usually don't sometimes side that way. But presently, we don't have any kind of structure for watercraft on R -- I guess it's no longer R-1, T-3. Mr. Garcia: T3, sir. Chair Gort: T3. Commissioner Sarnoff. T3s. So I know we need to have it. The question is, should you have to have a warrant process to do it, especially for those folks -- well, it doesn't matter. Whether it's -- whether you have the money or you don't have the money, is it appropriate to charge them money? So I think that's the -- I think that's where the debate should begin. I agree with you. I City of Miami Page 108 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 only want to make sure that it doesn't become an unsightly issue and we do the best we can to cover it because if you happen to live in a duplex -- andl have a lot of duplex in my neighborhood -- you shouldn't necessarily have to live with your next -door neighbor's boat without some sort of barrier. Andl know they have a barrier in the process. The question just becomes, do you have to complicate it or should you complicate it with a warrant process. Commissioner Suarez: Yeah. I agree -- Chair Gort: Commissioner Suarez. Commissioner Suarez: -- with voting yes on it now and then we can bring it back in October. I just wanted to put something on the record. It may help you a little bit, which is I don't see anything in the legislation that talks about fees. I mean, is that correct? Mr. Garcia: The only fee associated with it would be the fee for the warrant process that we do Commissioner Suarez: Oh, I see what you're saying. Mr. Garcia: -- mentioned in the legislation. Commissioner Suarez: They have to come and actually get the warrant. I got you, okay. Mr. Garcia: And the fee there, sir, is -- Chair Gort: What does it cost? Mr. Garcia: -- $150. Commissioner Suarez: That's right. Vice Chair Carollo: And that's steep. Commissioner Suarez: That's what you're talking about, okay. Chair Gort: That's the fee, 150. Vice Chair Carollo: Yes. A hundred and fifty dollars and there's additional issues, like for instance, there are many homes in the City ofMiami that actually don't have the space on the side of the yard. So in essence, those people would have to, you know, place their boats, I guess, in some type of marina or so forth. I don't know if there's some way of buffering that with hedges or -- so I don't know. I just -- again, I'm just open for discussion. I'd like to hear from my colleagues too if it affects any particular district and so forth. I know it's two readings, so I don't mind voting on it on first reading. But you know, just saying that I will want some dialogue and -- you know, before actually passing an ordinance on this. Chair Gort: I will tell you, the -- within my district, there's quite a few people that have those boats. Now my understanding is you're not allowed to park the boat in the front yard. Mr. Garcia: That is correct. Chair Gort: You've always been allowed to park it in the side or in the back. Now most homes, they're complying with the regulations. You have a five-foot setback -- side setback, so there should be enough room to do it. The one thing that I looked at that it has a problem -- that I have a problem with, it says even though it is on a trailer, it cannot be more than six feet high. City ofMiami Page 109 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 M.1 11-00787 Now if you stand next to the boat and on top of the trailer, it's going to be a lot more than six feet. Commissioner Sarnoff. Right. Chair Gort: So that's something that in the second reading I really would like to discuss that quite a bit. Okay. Any further discussion? Commissioner Suarez: Yeah. Chair Gort: This is the -- Go ahead. Commissioner Suarez: No. I just want to agree with the Vice Chairman. I need to take a look at this a little bit more carefully and we'll talk about it. But yeah, I'll vote for it on first reading, and then we'll bring it back in October. Chair Gort: This is a public hearing. Is anyone in the public would like to address this issue? This is a public hearing. Anyone in the public would like to address PZ.1 ? Showing none, roll call -- read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Mr. Garcia: Thank you. Ms. Thompson: The ordinance has been passed on first reading, 5-0. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE MIAMI FOUNDATION, INC. (THE "FOUNDATION"), A FLORIDA NOT FOR PROFIT CORPORATION, FOR THE PURPOSE OF ALLOWING THE FOUNDATION TO ADMINISTER THE CREATION OF A FISCAL SPONSORSHIP FUND ("THE ACCESS MIAMI FUND"); ALLOCATING FUNDS FROM THE DADE COMMUNITY FOUNDATION, INC. ELEVATE MIAMI FUND AND APPROPRIATING SAID FUNDS TO THE FOUNDATION IN THE ACCESS MIAMI FUND. 11-00787 Legislation.pdf 11-00787 Exhibit 1.pdf City ofMiami Page 110 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-11-0342 Chair Gort: Mr. Mayor, you said you had a -- Mayor Tomas Regalado: Thank you, Mr. Chairman. This is an item that has been in the backburner for many month [sic], and it's important because it's about a grant. It has no impact to the City. It's a resolution authorizing the City Manager to execute an agreement, in a form acceptable to the City Attorney, with the Miami Foundation, Inc., a Florida not -for -profit corporation, for the purpose of allowing the Foundation to administer the creation of the fiscal sponsorship fund, the Access Miami fund. And this will allocate funds from the Dade Community Foundation, Elevate Miami, and funds to the Foundation in the Access Miami fund. What this is is that this funds, $200, 000, were given to the City back -- well, to a foundation back on 2009. The funds came from American International Group, and it was award to several cities in 2009 for financial empowerment. And we were one of seven cities that were part of the original grant, and each city received $200, 000. The grant required that each recipient have a fiscal intermediary, a non -for -profit to accept the funds. The Dade Community Foundation changed the name to Miami Foundation, received the funds in late 2009, and deposit that in Elevate Miami fund. So to have access for -- to the City -- by the City to these funds and since Elevate Miami terminated in 2009, the agreement, we need this. And this will be used for small business. For instance, through Bill Porro, the other day, the City was able to help with Fredericka Wilson's job fair in the Knight Center. And Bill is here in case that you want any more information as to how this funding will be used. But it's sort of a -- to clear the record and accept this grant. Commissioner Sarnoff. Move it. Commissioner Spence -Jones: Second. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Spence -Jones. Discussion. Commissioner Spence -Jones: The only thing that I'd like to add to the record, Mr. Mayor, and Willie -- I know -- Willie, you know this is something that -- Elevate Miami was something I was very much involved in during my tenure here. And I'm not really sure like why it has dissolved, but if it's dissolved, then there's -- I'm sure there's a good enough reason for it. But you know, I've always had concerns about Access Miami from my district's perspective. So the only thing that would like to at least put on the record is that either Access Miami or some other means of being able to deliver this kind of support services happens. And Mr. Mayor, ifI could have your support on that. Because if it's not meeting the needs of my particular district, I would really want to figure out what can and will, especially during these hard, tough economic times. So I just would want to work with you on -- Unidentified Speaker: Love to work with you. Commissioner Spence -Jones: Okay. Mayor Regalado: Thank you, Commissioner. Yes. City ofMiami Page 111 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 D1.1 11-00812 Chair Gort: Thank you. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. END OF CITYWIDE ITEMS DISTRICT 1 CHAIRMAN WIFREDO (WILLY) GORT DISCUSSION ITEM DISCUSSION CONCERNING THE AUDITOR GENERAL. 11-00812 Email -Auditor General.pdf DISCUSSED Chair Gort: Okey-doke. Mayor had his blue page. We go into the Commissioners' blue page right now. DI (District 1), there's a couple that have. One is the auditor general, but I'll waive until my colleague -- I know he has it in his blue page also, so I'll hold my discussion when it comes to you. Yes, sir. Commissioner Suarez: I have a question in relation to that item. Chair Gort: Yes. Vice Chair Carollo: And Mr. Chairman, if -- just a second. Commissioner Suarez: Of course. Vice Chair Carollo: If my colleague would yield real quick? Commissioner Suarez: Yes. Chair Gort: Yes. Vice Chair Carollo: I actually took it off from my blue pages, I believe, since I knew you were going to have it, so we could discuss it now. I think where we were with it is we have already done a national search, is my understanding, and we've gotten numerous candidates to apply. Andl think now we need to set up a committee to, you know, vent [sic] these people, andl think that's where we're at. Chair Gort: Right. Vice Chair Carollo: Andl think at our last meeting we said a committee of seven members, one by -- you know, one nomination by each Commissioner, and then that would make five. The other two will be one that will be a former prosecutor and one that will be a former investigator. I was just handed the minutes. A motion made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously for the creation of an auditor general selection committee that consists of seven members, whereby each Commissioner will have the ability to appoint one member to the selection committee that is preferably either a certified public accountant or has some form of back -- financial background, and that two members of the selection committee consist of a former prosecutor and an investigator -- or former City of Miami Page 112 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 investigator for a governmental agency. That's what we agreed on, and you know, I think now is naming the individuals. And in fairness to Commissioner Spence -Jones, I don't know if you've had time to look into it, so we need to, you know, discuss, because at the same time, the Office of the Auditor General -- Commissioner Spence -Jones: Is very important. Vice Chair Carollo: -- is vacant, so we -- yeah, we got to somewhat move -- Commissioner Spence -Jones: No problem. And don't have a problem with moving quickly on it. IfI can just get the backup on any of this 'cause I don't -- I have -- that was a question, what was the status of it, so I was hoping that Chairman was going to kind of bring us up to speed so Vice Chair Carollo: You know, and if worst -case scenario, if we would have to, you know, make sure that the full selection is done by -- I guess by next Commission meeting, in two weeks -- Commissioner Spence -Jones: Yeah, that's fine. Vice Chair Carollo: It's actually not even two weeks. It's September 27, so it's a week and a half. Commissioner Spence -Jones: No problem. Vice Chair Carollo: You know, so that way we could give you some time. Commissioner Spence -Jones: Yeah. Vice Chair Carollo: But I think that's where we're at. And with that, I'll yield to Commissioner Suarez that yield to me. Commissioner Suarez: Thank you, Vice Chairman and Chairman. I just had a question. I already have a name 'cause -- Vice Chair Carollo: Right. Commissioner Suarez: -- we talked about it andl think it's extremely important. My only question for the person who I want to proffer is just to get a sense for what their responsibilities are going to be, how much -- what's the time commitment, things of that nature. And in fairness to the person -- you know, I don't want to commit them to something that, you know, is something like, you know, 9 to 5 for two weeks, you know, and they may not be able to accomplish. So I just wanted to know if the Vice Chairman or anyone, or the Chairman, since he brought it up as a discussion item, had a sense for how long it would take and what the time commitment was, and then I'll confer with that person, and by the next meetingl will proffer that person's name as long as that person is willing to, you know, abide by those constraints. Chair Gort: My understanding is we have received 33 applications. What I would like to -- once we nominate the committee, sometime within two weeks, we can all come up with the names. And my suggestion is anyone there -- (UNINTELLIGIBLE) will know anyone, and the second requirement which they should be an investigator and a -- what was the qualifications? Vice Chair Carollo: Former prosecutor. And that's an at -large. So if you have any names, you know -- as far as former prosecutor, I do have one, but usually -- before I nominate anybody, I like to speak to them beforehand and make sure, you know, they understand exactly what you said, more or less the time constraints and what is expected of them. At the very least, I expect City of Miami Page 113 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 that they look through all the resumes, interview, and so forth. Andl don't know if they're going to interview all 33, so -- but you know, somehow let them meet as a committee and maybe even, you know, come to that conclusion. And then proffer maybe the top three or what they believe, you know, to this Commission, and so there -- they will be sort of like a recommending body to this Commission, and then we could take it however we feel we should. Commissioner Suarez: Maybe we can -- let me just add one thing. Chair Gort: Sure. Commissioner Suarez: 'Cause maybe what we can do is have Ms. Pruitt determine the structure, not -- you know, the procedure. In other words, we'll proffer the names and let her -- 'cause maybe what we can do is have them call her and say, look, what do you have in mind for a good and fair procedure in terms of what you want us to do as selection committee members so that we can get the best person selected. Does that sound fair? Is that something that the Commission will --? Chair Gort: It sounds fair. This is what I would like to suggest. Commissioner Suarez: Oh, I'm sorry. Chair Gort: I would like to suggest the -- once we have the individuals, for them to be informed, and that could be done through Ms. Pruitt. They should look at all the resume that we have received, shortlist ten of them, and then select the three best and that three best should be interviewed by the Commissioners. This is important that people understand is this individual is going to work for the City Commissioners. Commissioner Spence -Jones: Mr. Chairman, can I -- can Ms. --? I'm sorry. Go ahead. Chair Gort: The problem that we had in the past, this is an office that never really reported to us. We never received information. Part of the things that I would like to see is that this individual, whoever gets selected, reports to the Commission at least once a month. Yes, Spence -Jones. Commissioner Spence -Jones: I just want to ask Ms. Pruitt -- so we already have --I just want to be clear with the Commission. We have -- already have candidates already in place, right? About how many applicants were --? I'm just curious. Beverly Pruitt: Beverly Pruitt, director of Human Resources. We have currently 33 applicants for the position. Commissioner Spence -Jones: Okay. Ms. Pruitt: The position was posted June 30 and is scheduled to close on tomorrow. Commissioner Spence -Jones: On tomorrow. Ms. Pruitt: Unless the Commissioner -- Commission would like to -- Chair Gort: No, no. Commissioner Spence -Jones: No, no. Ms. Pruitt: -- extend it. City of Miami Page 114 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Chair Gort: Let's wait until tomorrow. Commissioner Spence -Jones: Yeah. Ms. Pruitt: Okay. Commissioner Spence -Jones: So -- Ms. Pruitt: So we will close it tomorrow with whatever -- a little more than 33 applicants. Commissioner Spence -Jones: No problem. So normally what happens once they come in, she vets them before this committee would -- the committee we put together -- would she vet them before they get to the point that our committee then makes a selection from that? Is that how it works? Chair Gort: Our committee will get the information from her of all the applicants and the resumes of all the applicants, and then what I'm suggesting is after this board, what they would like to see is to shortlist ten of them -- Commissioner Spence -Jones: Okay. Chair Gort: -- what they believe to be the ten best individuals out of the -- looking at the resumes, and then my suggestion is recommend three -- the top three to us. Commissioner Spence -Jones: Okay, to us, for us -- Chair Gort: Yes. Commissioner Spence -Jones: -- to choose, okay. Chair Gort: And it should be a public hearing. Vice Chair Carollo: I would like to see the committee shortlisted though. Commissioner Spence -Jones: Okay. Vice Chair Carollo: I would like to see the committee that are all, you know, financial, CPAs (Certified Public Accountants) -- Chair Gort: Sure. Vice Chair Carollo: -- and so forth, you know, a shortlist, and they be the one more than anyone to say, yeah, we believe -- and as a whole -- you know, as a committee -- Commissioner Suarez: Let the professionals -- Vice Chair Carollo: Right. They're the professionals. Commissioner Suarez: -- make the decision. Vice Chair Carollo: I would like for them to say, you know, out of the 33, you know, I think these are the top ten, and from those top ten, maybe we'll do interviews with each one of them, and then we'll do, you know, a selection of three to give to this Commission or rank them -- Commissioner Suarez: That's a good way. City of Miami Page 115 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Vice Chair Carollo: -- into three orders and proffer that to this Commission for us to discuss and if we want to then interview them or whatever we can. Commissioner Suarez: I think it's excellent. And ifI could just go one step further -- I know this is a sensitive subject right now, but that may be the way we want to do the selection of the Police Chief as well. Commissioner Spence -Jones: Okay, and -- Chair Gort: Yes. Commissioner Spence -Jones: -- the -- Mr. Chairman, so -- Vice Chair Carollo: Except that's not how the Charter stipulates. Commissioner Suarez: I agree, I agree. I know. Ultimately, it's going to be -- it's not going to be our decision, butt think, you know -- Vice Chair Carollo: Right. Commissioner Suarez: -- it may not be a bad idea to do it that way as well -- Commissioner Spence -Jones: So Mr. Chairman, do you see this -- Commissioner Suarez: -- for a recommendation from the Commission. Commissioner Spence -Jones: -- being like a 60-day or 90-day process? Chair Gort: I see a lot quicker than that. Commissioner Spence -Jones: I guess that would be more of a Beverly question. Is that a 60 or -- you think after -- because I would want to know for my appointee like how long would need to tell her or him. Is this like a two -week process that they would have to be available, so we're talking about at least 60, 90 days? Chair Gort: I think we can set up the rules. I think the 33 -- there's 33. It might be 34 or 35, I don't know. I think if we give the committee, once it gets selected, two weeks, they'll get the resumes and they'll get to read it at their own time. Then they'll get together two weeks afterwards, and they can come to shortlist the ten that is required to shortlist and keep us informed. And then they can interview or the committee can decide how they're going to select the top three. Commissioner Spence -Jones: Okay. Chair Gort: That -- the committee will be doing that. Commissioner Spence -Jones: No problem. Chair Gort: I think they have to have the first meeting. And then in the first meeting, they'll decide the procedure according to the recommendations that we're making at this time. Commissioner Spence -Jones: Andl was not here when the other auditor left. Has all the issues been resolved with the former auditor? They have been resolved, right? City of Miami Page 116 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Vice Chair Carollo: It depends when you say all the issues have been resolved. I just read in the newspaper another issue that we may have to address. Commissioner Spence -Jones: I thought that's why you had it on here, Mr. Chairman. Chair Gort: Yeah. Commissioner Spence -Jones: It's because it wasn't -- I thought you was talking about the old auditor as well, so -- Chair Gort: No, no. Commissioner Spence -Jones: They're resolved now? Oh, okay. They're resolved, Madam City -- 2 Julie O. Bru (City Attorney): We are working to resolve all the issues. Hopefully, next week the issues will be resolved one way or another. Commissioner Spence -Jones: Okay. Chair Gort: Okay. Thank you. Is that the -- are those the instructions we giving -- Okay. So in two weeks we'll have the names, the committee, and then you will work with the committee to make sure they get all the information and set up the meetings and so on. Ms. Pruitt: Right. Chair Gort: Thank you very much. Commissioner Spence -Jones: Thank you. Chair Gort: Yes, ma'am. Ms. Bru: Mr. Chair, it's just one point of clarification, 'cause I was trying to listen to all the suggestions about how the process is going to unfold, and I'm not too sure whether I'm clear on whether the Commission wants to have the option of interviewing the top ten or only the three that are recommended. Chair Gort: My suggestion was the top three, but it's up to the majority of this Commission. Ms. Bru: Three? Commissioner Suarez: I think three. I mean, I think -- What are you saying? 'Cause you're saying they whittle it down from 33 to 10, and then they do interviews on the 10, and then they whittle it down to 3, and then we interview them again. Vice Chair Carollo: I don't have a problem with that. Commissioner Suarez: Okay. Vice Chair Carollo: You know, as long as the selection committee is the one who's doing this (UNINTELLIGIBLE). Chair Gort: They're the one that are going to be doing the selection. Vice Chair Carollo: And then the top three, you know, we'll have a chance to interview them and City of Miami Page 117 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 so forth. Chair Gort: Okay. Are we clear? Commissioner Spence -Jones: Yes. Chair Gort: Okey-doke. D1.2 DISCUSSION ITEM 11-00813 DISCUSSION CONCERNING TEMPORARY EMPLOYMENT. 11-00813 Email - Temporary Employment.pdf DISCUSSED Chair Gort: My second item is -- andl think it was pulled. But we're trying to contract with a private firm to hire temporary employees. I really believe that we can do -- one of the things we asking Administration is to make sure that we hire within existing employee within the City of Miami. At the same time, if we have anyone that is no longer working with the City ofMiami because we had to cut, if we have a chance to bring them back as a temporary, we should. I don't think we should be paying an agency to give us temporary employees. I mean, this is something that I wanted to discuss here today. Commissioner Spence -Jones: I agree. I think that's a great idea, Mr. Chairman. Is that what we're doing now, is we're paying an outside agency? Chair Gort: That's what I'd like to recommend at this time. The Administration can get back to us and let us know. Because one thingl want to make sure we do, that we hire within, okay. Take care of our own individuals. Thank you. That's mine. END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 DISCUSSION ITEM 11-00773 DISCUSSION AS TO WHAT NEEDS TO BE DONE FOR VIRRICK PARK TO RECEIVE THE NECESSARY ROOF REPAIRS. 11-00773 Email - Virrick Park.pdf DISCUSSED Chair Gort: District 2. Commissioner Sarnoff. Taken care of. Thank you, Mr. Manager. END OF DISTRICT 2 DISTRICT 3 City ofMiami Page 118 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 D3.1 11-00630 VICE-CHAIRMAN FRANK CAROLLO DISCUSSION ITEM DISCUSSION REGARDING THE CITY OF MIAMI'S FINANCIAL TEAM, INCLUDING NEW INTERIM -CFO, SCOTT SIMPSON. 11-00630 Email - City of Miami's Financial Team 07-28-11.pdf DISCUSSED Chair Gort: District 3. Vice Chair Carollo: Thank you, Mr. Chairman. This was a carryover from previous meetings thatl had placed these items on the agenda. I've made it no secret with regards to our financial team and where we're at and so forth. There's been a lot of turnover. At one point, I believe I even asked the Manager, hey, you're showing two budget directors. Who's really the budget director; who's not? It seems like before we were going to have a CFO (Chief Financial Officer). Now we are not going to have a CFO. At one time it was going to be Scott Simpson. It came out in the newspaper, the whole nine yards, and then it wasn't him. So, listen, I think, realistically, although the Police Chief gathered a lot of news, the other biggest story has been our finances, our deficit, our bond ratings and so forth. So I really would like to have clarity as far as our financial team, who's where. You know, realistically, as soon as we start getting some information in our budget for this year, there were changes in the budget team. I know Jennifer left, and she was the one -- the person always right next to Mirtha. So -- and then all of a sudden, you know, Mr. Alfonso was the budget director. And there's been so many changes and so forth, andl think we really need to have some clear explanation of who's who, what occurred, even with Mr. Simpson, you know. Andl don't want to put anyone on the spot, but how can we got out and, you know, report and show that this is going to be our interim CFO and then, all of a sudden, a week later or two weeks later, it doesn't happen. And you know, I need some clarity. I need some explanation on this, especially, you know, with the financial state of the City. Chair Gort: Okay, thank you. Yes, sir. Johnny Martinez (City Manager): Well, with Mr. Simpson, it was our understanding that he was going to help us, you know, during this transition phase and it didn't work out. It was a surprise to us as much as it was to the director of the MPA (Miami Parking Authority). He was also caught by surprise. Having said that, we restructured within in order to have our financial team in place. Diana is our director -- Finance director. And the things that Larry Springs [sic] used to do, we redistributed among the ACMs (Assistant City Managers) and myself as far as the purchasing and those departments. Mirtha transitioned over into the Finance Department so that we can have some continuity when Pete Chircut retires, and we brought in Danny Alfonso, who's very experienced from the County in the Budget Department, and he is our Budget director. He leads the Budget team. And Mirtha, you know, is kind of along his side in order to help, you know, during this transition. But you know, make no mistake, Danny is the Budget director. He gives the presentations. He knows the numbers inside out, andMirtha's more of a complement to him in doing this. But you know, with the budget crunch that we had, I just thought it was the right thing to do to have Diana step up to the plate as our Finance director, eliminate one position, and resprinkle the other duties amongst ourselves. Vice Chair Carollo: Mr. Manager. Mr. Martinez: Yes, sir. City of Miami Page 119 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Vice Chair Carollo: One thing right from the start that troubles me. You're saying that the CFO's duties are being sprinkled between yourself and your other two -- Mr. Martinez: ACMs. Vice Chair Carollo: -- assistant City Managers. Mr. Martinez: Yes, sir. Vice Chair Carollo: Now with all due respect -- andl truly mean this --I don't think you, which have actually admitted to this Commission and your other two ACMs, your other two assistant City Managers, have very, very little knowledge offinances. So it troubles me when you're saying, well, the work of the CFO is being sprinkled between us three. It troubles me. Mr. Martinez: May I clarify? Chair Gort: Yeah. You need to because -- Mr. Martinez: Yeah. Chair Gort: -- the way you (UNINTELLIGIBLE) -- Mr. Martinez: Well, what I meant was Larry had Procurement, HR (Human Resources), and Risk Management. So Risk Management went to one ACM, Procurement went to me, and HR went to Luis Cabrera. Diana assumed the total responsibilities of finance, nothing else. She concentrates on nothing else. Larry was spread very, very thin. Andl think this with Diana -- she's a CPA (Certified Public Accountant), by the way, a Florida CPA, and she's taken over those duties. Chair Gort: Now my understanding is you said Larry Springs [sic], besides the finance obligation that he had, he also had the Department of Procurement under him. Mr. Martinez: Procurement. Chair Gort: What other department? Mr. Martinez: HR. Chair Gort: HR. Mr. Martinez: And Risk Management. Chair Gort: And Risk Management. Mr. Martinez: Yeah. Do Alice -- Chair Gort: Okay. Mr. Martinez: -- has Risk Management, I have Procurement, and Luis has HR. Chair Gort: So you're saying that Mirtha is alone in Finance now? Mr. Martinez: No. Diana is alone -- Chair Gort: Diana is the Finance director. City of Miami Page 120 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Mr. Martinez: The director -- Chair Gort: Right. Mr. Martinez: -- and Danny Alfonso is the Budget director. Chair Gort: Okay. Mr. Martinez: Both independent of each other. Commissioner Spence -Jones: Mr. Chairman, I want to make -- Chair Gort: Yes, go ahead. Commissioner Spence -Jones: Mr. City Manager, I'm sure that the structure that you're putting in place now -- you feel comfortable with the structure in order to make your department -- to make the City work -- to run. Mr. Martinez: Yeah. Commissioner Spence -Jones: Right? Is that what you're basically communicating? Mr. Martinez: Yes. Commissioner Spence -Jones: Because the -- you're saying that the past CFO we had had too many different responsibilities? Mr. Martinez: Larry was excellent in the finance area, but he was spread very, very thin. Commissioner Spence -Jones: Right, okay. So we're going to all trust the fact that you're making the right decision on that. My question would really be on Diana because Diana, like Commissioner Carollojust mentioned, would probably have a little bit more knowledge about finance and budget, just like he would. The question becomes, Diana, do you feel like this is something that you could handle at this point, you know, with your department? I mean -- Diana Gomez (Director, Finance): Diana Gomez -- Commissioner Spence -Jones: -- I did see some of these budget cuts in here, so I'm concerned about some of the budget cuts and whether or not you're going to have the capacity to do what you need to do if you're already trimming that department down. So I just want to make sure you're able to actually handle it. And then just so that I'm clear, the CFO structure that is in -- that we had in place, does that -- does the County have one as well and other municipalities have a CFO in place? Mr. Martinez: Yes. Some have -- Commissioner Spence -Jones: Some similar -- Mr. Martinez: -- some sister agencies or municipalities have CFOs, but they basically do what Diana does. They don't have any other departments. They just call them chieffinancial officer. Miami -Dade Expressway Authority, they have a chieffinancial officer, but it's really a finance director. Commissioner Spence -Jones: Right. But I'm just saying for like -- I'm just saying like city City of Miami Page 121 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 government -- Mr. Martinez: Yeah. Commissioner Spence -Jones: -- or County government. So in the County government system, they have a CFO? Mr. Martinez: They have a CFO, but I think it's more of a title thing because budget is independent from the CFO. Commissioner Spence -Jones: Okay. Mr. Martinez: They keep it separate. Commissioner Spence -Jones: Okay, so the only County person we have right here -- Danny, is -- can you -- can Danny expound on that? Just to make sure we're all on the same -- Danny Alfonso (Director, Management & Budget): Yeah, Danny Alfonso -- Commissioner Spence -Jones: I don't want to waste a lot -- this is not my item. It's really Commissioner Carollo's item, butt do understand why he would be concerned. Andl was going to bring up the CFO issue later on during the budget. I wasn't going to bring it up now, but -- just so that he has clarity on his issue. Mr. Alfonso: Commissioners, Danny Alfonso, director of Budget -- Management & Budget. The County has not had a CFO for the entire time that I was there. I think just recently under the current administration they named -- Vice Chair Carollo: EdMarquez. Mr. Alfonso: -- EdMarquez CFO and Finance director. He's both hats so -- Commissioner Spence -Jones: So it's not -- Mr. Alfonso: -- and it's a $4 billion -- $4.9 billion. Commissioner Spence -Jones: -- abnormal for a person to be -- Mr. Alfonso: Correct. Commissioner Spence -Jones: -- carrying both things. Not that he doesn't -- not that Commissioner Carollo does not trust your ability to handle the budget, right? Okay. Vice Chair Carollo: I'm definitely not going there. Commissioner Spence -Jones: Okay. Vice Chair Carollo: All nit getting is clarity. Commissioner Spence -Jones: Okay, no problem. Vice Chair Carollo: Because for a while now, you may be surprised, but I've been asking for several numbers, several -- and it seems like Tuesday, this past Tuesday, we got our budget. And it actually was to a point of what -- how I've asked it -- asked for it, andl really have not had too much time, as I'm sure every Commissioner here -- City of Miami Page 122 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Commissioner Spence -Jones: Right. Vice Chair Carollo: -- has not really had too much time to go through it, especially since yesterday we had a two hours or so executive session plus a special Commission meeting. So I don't know where the Administration thought that we were going to find the time to thoroughly go through that. But anyways, I think my concern -- and by the way, I've spoken to other financial knowledgeable persons out there and the consensus is there. Everyone's concerned. It seems like we have less financial people than we did a few months ago. You know, like I clearly said, Jennifer's not there. Larry's not there. And when you said he was, you know -- he had so many responsibilities that it was -- yeah, 'cause he had Procurement and some others. But financially, he still -- let's -- you know, let's be straight. Whenever we went out to bonds and so forth -- I know Diana, you know, took his place now on the last bond, but he was there. Whenever I needed the numbers for the Marlins stadium and so forth, I mean, everyone looked and said Larry. Commissioner Spence -Jones: Yeah. Vice Chair Carollo: So -- and let me tell you. I mean, in all fairness, just a few months ago, you know, I had to drill down very hard my concerns with, hey, listen, I really want to know what the numbers are. I mean, this -- and we spoke about this a little bit, you know, I guess a few hours ago when I said, hey, listen, with regards to jobs and so forth, if they are not doing what they promised, they're going to have issues with me. This isn't about, hey, now we're buddies or -- no. I mean -- andl think every Commissioner here will substantiate that, you know, I'm fair, but you know, yes, I want things to be done correct. And it seems like each day we have less and less, you know, that financial knowledge, and when it comes to, you know, the numbers and so forth -- listen, I'll be very clear. Just two and a half months ago, three months ago, I was told, hey, don't worry. We don't have any financial deficit. We're going to be okay. The City's in, you know, great financial state or good financial state. Andl understand, 2011-2012 andl understand all that. But the bottom line is, you know, when I was here and -- I'm not going to go into got caught into the penalty box or got placed into the penalty because I spoke out and mentioned, hey, what about our bond ratings. What about --? You know, and then all of a sudden, our bond ratings go down. All of a sudden, you know, things that was mentioning that was concerned about happens occurred. We really do have a deficit, and it wasn't no 30 million or so forth. It ended up being 62.5 as of today. So, you know, I'm concerned. I bring it to light because the truth of the matter is, you know, this is an area that we really shouldn't cut corners. Andl want to make -- once again, be perfectly clear. I really think it's unfair to us that we received the budget just Tuesday afternoon. I really believe it's unfair. There's issues that arose today that we'll discuss later, whether we're supposed to vote on it today and on the 27th. Last year we did not do that. We only voted on the second reading. So there's issues that are happening that -- you know, consistency isn't there. You know, I was working with Mirtha. I was working with Jennifer. Whenever I would meet with them, it was like a one, two team. Jennifer leaves. All of a sudden, this is your new financial director, and there's all this instability that I'm concerned about. Andl just -- I want clarity. I want to see the direction we're going. I want to have discussion on it. I want to have debate on it. And it doesn't necessarily have to be all today. I just -- again, I'm voicing concern, which I have been for the past don't know how many months. Chair Gort: Mr. Vice Chairman, I agree with you. I think the concerns are there, but we also have to look at the -- I think heard one of the Commissioners saying there's a light at the other end of the tunnel. And I've known Diana Gomez for a while, and I've worked with bonds with her before. And if we recall, the last bond that we sold, we were (UNINTELLIGIBLE). I think it was by 20 or $40 million and that -- How much was it? Ms. Gomez: Diana Gomez, Finance director. We were over -- we had subscriptions for 222 million when we only had 71 million to sell. City of Miami Page 123 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Chair Gort: In other words, in the bond market that tells you the -- at the same time, we were able to lower our yield by two base -- how many basis point? Ms. Gomez: Than what we believed to -- I believe that we ended that deal in at 565 all in. Chair Gort: Five six five. We approved up to seven -- Ms. Gomez: Up to seven and a half. Chair Gort: -- at that time. So I agree with you; I think numbers is something we really have to stay in top of. We got to keep looking at it. And what would like to see is that we get the monthly reports like we've been doing (UNINTELLIGIBLE) 'cause we really have to keep an eye on our expenditures and our revenues. We got to make sure -- and the one thing we're doing this year, and thanks to the work that you done, is we're being very, very conservative. We don't want the same thing that happened last year where we had certain projections which that they didn 't come through and that's part of the problem that we've had. So we want to make sure -- and we doing it this year -- we are being very conservative in our numbers. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: And again, I just -- I need to put it out there even though I don't want to, but I still -- I feel my fiduciary duty. Again, I always welcome discussion, as you will see. I am going to now defer an item that deals, you know, with District 3, you know, the Orange Bowl district item and you'll see. So I don't apply things differently to one person or another and think we need discussion. And you know, we recently, as of January, had an issue where the CFO made an approval and -- to have segregation of duties or so forth. The CFO made the approval and then, you know, the Finance director was the one who actually issued the check. Now there is no CFO, even though -- andl don't really want to get into the details of that again and so forth, you know, but you know, these are things that, you know, we need to -- Chair Gort: Of course. Vice Chair Carollo: -- look at. We need to -- you know, it can't be just brushed under the rug and that's it, you know. Now -- you know, so I'm brining that up, you know. As far as the bonds, Diana, you did a great job, Ms. Gomez, but at the same time, we had to purchase additional insurance, correct? And that -- you know, and that cost the City money and that could have been one of -- I'm not saying the only reason -- but one of the reasons that it, you know -- Chair Gort: Sure. That helped a lot. Vice Chair Carollo: -- we had -- yeah, that helped a lot. Chair Gort: Of course. Vice Chair Carollo: So, you know, I just don't want to sugarcoat anything. I want to make sure that we have, you know, discussions, that, you know, we really bring it out because what I'm really looking is for solutions. I'm really looking for the City to move forward in a positive light, but I just don't want to, you know, pretend that, you know, everything is rosy when in reality it's not. I've always said, in order to fix a problem, we got to identf a problem, make sure we go on. And there's -- I'm telling you -- and there is a lot of concern with the way, you know, financially we're being structured and it is. I mean, you know, I go into, you know, accounting circles and financial circles and so forth and, you know, we discuss, we talk. Not saying oh, it's City of Miami Page 124 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 D3.2 11-00632 D3.3 11-00634 bad or no -- but you know, we discuss. You know, we brainstorm. We bounce things off of each other, and there's a lot of concerns out there, as well as, you know, concerns that I'm showing. Thank you. Chair Gort: Mr. Vice Chairman, let me tell you. I think all the discussions are very, very helpful to the City 'cause we're bringing all this in the open. And any rumors or anything that could be going out there, it could be clamed in here. So I welcome, as I know all the Commissioners here and the Administration, appreciate all this debate that takes place in here. 'Cause as I stated before, when we discuss things here, we discuss it in the open and people get knowledge of what's going on in here. Thank you. Commissioner Suarez, you want to add any --? Commissioner Suarez: I think he has two other ones. Chair Gort: Okay. No. I thought you wanted -- Commissioner Suarez: No. I was just going to say that think -- I mean, just a really quick comment -- that whenever we do a bond offering, if we buy insurance, we can incorporate that into the yield, and you can find out what the effective rate of return is after the cost, the additional cost, so that we can compare apples to apples, and that kind of goes to his point. So if -- even with the cost of insurance, our interest rate, once you add for the cost of insurance, is six and -- I don't know, let's say it's -- instead of five -- I'm just using ficfitious numbers here -- and a quarter, let's say it's five and three quarters or six and a quarter. It still gives us a good idea as to how strong the demand is for our debt. And obviously, over subscription is a good indicator, but also the yield, you know, is a good indicator of how the market perceives our risk. DISCUSSION ITEM DISCUSSION ADDRESSING THE CITY OF MIAMI BOND RATINGS AND FUTURE PLANS. 11-00632 Email - City of Miami Bond Ratings 07-28-11.pdf DISCUSSED Chair Gort: Okay, Commissioner. Vice Chair Carollo: Okay, my second discussion -- again, these are all carryovers from previous meetings. As far as our bond ratings and future plans, you know, I think this is something we definitely need to discuss. I think it'll end up being discussed as far as our reserves. There's a long list of why we actually got downgraded, you know, from instability, which was mentioned, to you know, our reserves. There's a long list, andl think we need to address this. I'm not saying today is the day, you know. And to be honest with you, with, you know, our up and coming discussion on the budget and so forth, I think that should take precedent at least today, but it's something that I will bring back in the future because we definitely need to address this. So unless -- Chair Gort: We agree. DISCUSSION ITEM DISCUSSION AND UPDATE ON MIAMI PARKING AUTHORITY'S CURRENT YEAR'S BUDGET AND NEXT YEAR'S BUDGET. 11-00634 Email - Update Miami Parking Authority's 07-28-11.pdf City of Miami Page 125 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 DISCUSSED Vice Chair Carollo: Okay, and my third item, to move quickly, with regards to, you know, the Miami Parking Authority's current year budgets and next year's budget. I mean, in all fairness, you know, we've had very little time to address our own budget. We just received the information on Tuesday; that haven't had a chance to really go over, you know, Miami Parking Authority's budget to really have a adequate discussion like I would have liked. Andl know they're coming up and, realistically, I don't know if we have to vote on it today, but we definitely have to vote on it by next -- Chair Gort: Right. Vice Chair Carollo: -- Tuesday or September 27. Chair Gort: September 27. Vice Chair Carollo: And think we'll have plenty of time to get into the details then. So those are my discussion items. And -- Chair Gort: Okay. Vice Chair Carollo: -- thank you, Mr. Chairman. Chair Gort: Thank you. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ D4.1 DISCUSSION ITEM 11-00712 DISCUSSION REGARDING DEFERRED COMPENSATION AND OTHER SPECIAL RETIREMENT/PENSION BENEFITS OFFERED TO CERTAIN EXECUTIVE EMPLOYEES. 11-00712 Email - Deferred Compensation.pdf DEFERRED Note for the Record: Item D4.1 was deferred to the Commission Meeting scheduled for September 27, 2011. Chair Gort: Any -- Commissioner Suarez, you have any --? Commissioner Suarez: Thank you, Mr. Chairman. I have two discussion items. One of them, I'd like to defer to the next meeting, which is the one that is concerning deferred compensation 'cause I'm missing some information on that item. So I request to defer that one 'til the next Commission meeting. END OF DISTRICT 4 City of Miami Page 126 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 NON AGENDA ITEMS NA.1 11-00865 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES END OF DISTRICT 5 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE SEPTEMBER 29, 2011, PLANNING AND ZONING CITY COMMISSION MEETING TO SEPTEMBER 27, 2011, AT 9:00 AM. Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0344 Chair Gort: If you all remember, we have to make a motion. We changed the meeting of the -- next meeting -from the 29th to the 27th. Priscilla A. Thompson (City Clerk): That's correct. Chair Gort: Do I have a motion? Commissioner Sarnoff. So move. Commissioner Spence -Jones: Second. Chair Gort: It's been move and second. Discussion. Vice Chair Carollo: That's a regular Commission meeting, correct? Chair Gort: Regular Commission meeting, yes. Vice Chair Carollo: And all -- Chair Gort: And the second budget Commission meeting. Vice Chair Carollo: And also the second budget Commission meeting. Ms. Thompson: Yes. Vice Chair Carollo: Okay. Chair Gort: Okay. Is there any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Also remember, we have to make some changes to the meeting in November and City of Miami Page 127 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 NA.2 11-00884 December because of the holidays coming up. I want to make sure I asked them to poll all of you, see what would be the best time for you all to -- what days will be favorable for all of you, okay? Thank you. DISCUSSION ITEM DISCUSSION BY COMMISSIONER SUAREZ REGARDING THE CLARIFICATION OF CHAPTER 12 OF THE MIAMI CITY CODE TITLED, "COIN -OPERATED MACHINES AND ESTABLISHMENTS". 11-00884-Submittal-District 4.pdf DISCUSSED Commissioner Suarez: The second one is a pocket item. It's a pocket discussion item. I sent it by e-mail (electronic), andl apologize for the pocket nature of the item. It's a non -- has no fiscal impact, andl know that's important when putting forth a pocket item. But I thought it was something that was very, very important, given some of the things that we've had to deal with. And it -- you know, I've been here for a couple years, but I'm still learning. And one of the things I'm learning is that it's important to clear up any perception issues, andl think that's something that Commissioner Spence -Jones harped on the last few days. And the other one that I've learned a lot from Vice Chairman Carollo is that you have to clarify the record. If you don't speak up and clarify the record, a lot of times nobody's going to do it for you. So I just -- I think there is a perception that I'd like to dispel, and that perception is that because of the decision that we took on Monday, there's going to be some sort of a change vis-a-vis the way the City government enforces the laws with reference to video gaming machines or lhaquinitas. "Andl just wanted to clarify the record on what action we took last September and how it's impacted that industry in the City ofMiami because, you know, there's a lot of noise out there in the community, andl think what happens is once it doesn't get reported correctly the first time, it gets picked up and picked up and picked up and picked up continually and continually, and in fairness to the journalists, they're getting it from a source, so they're getting it right from the way that it's written. So I put together a little package that describes and clarifies exactly how the City ofMiami -- how -- my understanding of how the City ofMiami has enforced and views these items, andl -- along with it, I'd like to ask some questions of the City Manager to get some clarification. The first item that I'd like to clam or myth that has been perpetuated lately is that Florida law is ambiguous on the legality of video gaming machines. The fact of the matter is that Florida law is very clear. Amusement machine is legal if -- is illegal, I'm sorry -- an amusement machine is illegal if, number one, it includes an element of chance, and number two, it rewards a player with anything of value, including credits for future games. Every appellate court to consider the legality of video slot machines has held that the machines are illegal. In the Fourth DCA (District Court ofAppeal), the State versus Broward Vending, video slot machines were illegal because Oven though skill will significantly improve the player's winning percentage, it does not eliminate the element of chance in the machine itself. "State versus Cypher [sic], Second District Court ofAppeals [sic], video slot machines are illegal Oven though skill affected the outcome in all the machines, there was also an element of chance affecting the outcome. "In re Forty -Seven Video Redemption Games, Second District Court ofAppeals [sic], video slot machines are illegal because they contain an inherent element of chance. "And in the Third DCA, State versus Paskind, relying on Brown [sic] Vending to uphold an arrest for the use, possession, or operation of video gaming machines. Now I want to clam what l think is another misperception, which is that the City ofMiami legalizednideo gaming machines by passing its ordinance on September 2010. As a preliminary matter, the City ofMiami cannot legalize these machines because they're illegal under state law. Nevertheless, let's take a look at what the new ordinance accomplished versus the old ordinance. The old ordinance had no expressed prohibition on video slot machines. There was -- number two, there was no requirement that City staff inspect or observe the machines before issuing BTRs, which are Business Tax Receipts, stickers for them. So an operator could request an unlimited number of City ofMiami Page 128 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 stickers and receive the stickers in the mail. From the year -- from October 2009 until May 2010, over 1,500 stickers were issued for amusement machines. So many stickers were issued that the City ran out of stickers, literally ran out of stickers. Since the new ordinance, it expressly prohibits machines that -- based on the cases, by the way -- and this was an amendment that I proffered -- and some of this is also for the benefit of Commissioner Spence -Jones who wasn't here when we went through all this -- .simulate a slot machine, casino card game, or any electronic casino game'ff those machines reward the player with credits for future games. Also, requiring City staff to inspect the machines and personally affix stickers on the machines. Stickers are designed to self-destruct upon removal, which prevents someone from tampering with the machine in order to make what was otherwise a legal machine illegal. Lastly, since the passage of that September 2010 ordinance, no stickers have been issued for amusement machines in the City ofMiami, none. So we went from a situation where over 1,500 stickers were issued in basically a year and a half -- not even a year and a half time, to a situation where no stickers have been issued since that ordinance has been adopted. I'd like to ask the City Manager a question, which is is it your position that we are going to continue to enforce -- because after this -- not only did we not issue any stickers after this, my understanding is that after this ordinance was implemented is when we actually picked up hundreds and hundreds and hundreds of machines. So not only have none been sanctioned by the City of Miami, but the enforcement of those machines has happened after the amendment that proffered that was passed by this Commission 4-1. Is it your intent and is it the Administration's intent to continue to enforce the law as I have described it? Johnny Martinez (City Manager): Commissioner, just coincidentally without knowing everything that you just, you know, spoke about, I had a conversation with Chief Orosa on Tuesday to make sure that he continues, you know, full steam ahead on picking up the illegal machines and that we don't issue any stickers or anything like that that aren't supposed to be issued because the machines are a game of chance and that type of thing. So we had that conversation on Tuesday and he's not going to be letting up on the machines. Whatever plans were in place, he's going to continue to enforce it. Commissioner Suarez: So it is still the City of Miami's policy that those machines are illegal and they're going to continue to be confiscated? Mr. Martinez: Absolutely. Commissioner Suarez: Okay. Chair Gort: Commissioner, if may. There's something -- Commissioner Suarez: Sure. Chair Gort: -- I don't know if you still have it in there, but the other thing is those sticker had to be -- the owner of the place had to come and make the application. At the same time, there was a fee of 5500. At the same time, there were certain condition and setup that they had to meet with before they could put a machine up. Commissioner Suarez: Yup. The last thing wanted to mention, which was a misperception, is that for some reason the Police Department opposed the ordinance that was adopted by the Commission. I have to say that I worked very closely with the Police Department at the time, including Major Al Alvarez, who was the person who led the task force previously, and worked very, very closely with him to ensure that the ordinance and the amendments that I was suggesting, which were passed by this Commission, would have the effect that intended, which was to ensure that the City ofMiami by policy or any other matter could not somehow sanction these machines or could not legalize these machines even though state law clearly prohibits them. And so I just wanted to dispel that. I've created a packet, which I can give to my City ofMiami Page 129 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 NA.3 11-00885 colleagues or the members of the media or anyone who would be interested in it, because I think it's important for us to clam the record. At no point since the enactment of this statute has the City liberalized its policy on these machines. In fact, it's been exactly the opposite. And so it's important to clam the record. It's important, you know, for there not to be any perceptions out there that are inaccurate. Andl can just say personally speaking, I have not received a penny from that industry, not in my first campaign, not in my second campaign, nor will in the future, not because it's illegal to do so; it certainly isn't, but because I just don't think that they add to quality of life. Andl gave a variety of different rationales at the time that advanced my amendments as to why I thought they weren't -- you know, the status quo was not acceptable. Andl just want to thank my colleagues for their support on that amendment, andl think it's created a better quality of life in the City ofMiami, and it's something that we need to send a very, very strong message that we are going to continue to do. Chair Gort: Thank you. Anything else? Commissioner Suarez: Can I have the Chief also put that on the record, please, the acting Chief? Manuel Orosa: Sure. Manuel Orosa, interim Chief of Police. The only thing that -- the only changes that expect to do that have already implemented basically with -- in regards to these machines is that I have taken the responsibility away from Internal Affairs. I do not believe Internal Affairs should be doing that. Andl have placed the responsibility in the Special Investigations Section. They are better inept [sic] to do undercover operations, to do undercover gambling operations. That's their responsibility. So we will proceed with these investigations, and we will proceed with confiscations of the machines, but under the Special Investigations Section, not Internal Affairs. Commissioner Suarez: Andl completely agree with that change. I mean, that's just my perspective. I can't speak for my colleagues. But I just want to make clear that the policy of the City has not changed since the enactment of that ordinance, which is that those machines will not be tolerated in the City ofMiami and that we will vigorously, as we have in all our categories of crime and things that we feel are destructive to quality of life, prosecute and replevin those machines. Interim ChiefManuel Orosa: Actually, we will. Actually, we -- I already gave the instructions to begin transferring all the information over to Special Investigations, and we will have the individuals that participated under IA (Internal Affairs) brief the individuals of Special Investigations so that they can take over and we can proceed with that. We will probably use one of the IA investigators because of his knowledge and expertise on that to assist our SIS (Special Investigations Section) section while they start developing a plan of action and with -- hopefully, within the next few weeks, we will continue enforcement on that once we get up to par. Commissioner Suarez: Fantastic. Again, if anyone wants a copy of the packet that I prepared, during the Commission -- you know, during that Commission meeting and if anyone from the media wants it, I'd be glad to give it to them. Chair Gort: Okay. DISCUSSION ITEM DISCUSSION BY VICE CHAIR CAROLLO REGARDING STAFFING CHANGES MADE BY THE INTERIM CHIEF OF POLICE. DISCUSSED City ofMiami Page 130 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Since I have the Police Chief or acting Police Chief or interim Police Chief rather, in front of us, ifI could ask a question or so. Chair Gort: Sure. Vice Chair Carollo: Thank you. Different from maquinitas. I remember that you stated that there will not be any changes within the Police Department during this time. Recently, I say two or three weeks ago -- I'm not exactly -- the exact time -- I was given the opportunity to meet with the new commander of Little Havana. As a matter of fact, the Manager was outside my office waiting for me, so I told him, come on in. Let's meet him together. Andl actually even joked -- even though I was joking but I wasn't joking -- that don't know how much of my time shouldl invest with this person and, you know, meeting some of the neighbors with him and so forth 'cause, you know, who knows, in a couple of weeks, he may be gone and so forth. And the Manager, you know -- please tell me if I'm saying something incorrect because you were there. You met him with me. Now it appears to me like there has been changes. There -- you know, so could you address that? Manuel Orosa (Interim Chief of Police): Yes, Commissioner. The only change I did was I brought back Commander Perez after the meeting we had here regarding the previous Chief. I brought him back to where he was supposed to be in Little Havana. And Lieutenant Ralph Tapanes, he's in charge of CAT ,FA (Commission on Accreditation for Law Enforcement Agencies). He was only on loan there until this issue was resolved, and put him back in CAT ,FA. CAT ,FA, we have our assessment coming in mid -November, and he is a vital role there. He's the head of that unit there. And if we basically do not get certified under CALEA, it will be an embarrassment to the Police Department. I need them -- I need him there more than an acting -- I have a commander for your area, and hopefully you can get along with him or he can get along with you and he can provide the service as you may need. Vice Chair Carollo: No. It's not an issue of getting along. Obviously, that's extremely important because, you know, we need to all work together in order for -- Interim Chief Orosa: Correct. Vice Chair Carollo: -- the betterment of our community so -- and that's not the issue. It was more that, you know, again, a few weeks ago, you know, I meet this person, and I've been told that he's going to be, you know, the commander of the area and so forth. And even joked and said, yeah, but how much time do I -- really should invest with you and bonding, going out and meeting the neighbors and introducing you to some of the neighbors and so forth when -- or even having the neighbors say, hey, this is the commander -- you know, and building -- Interim Chief Orosa: Correct. Vice Chair Carollo: -- community policing when it may change. And then when you came before us, you said, I will not be making any changes. And now, apparently, there are changes. So it's like -- you know, it's just this continuous instability in all areas, not just the Police Department, but in all areas of the City, and you know, it affects us because one day we're told one thing, two weeks later we're told another, three -- you know, three weeks later it all changes, and you know, I -- Interim Chief Orosa: Commissioner, the -- like I said Lieutenant Tapanes was on loan there. He was playing a vital role between your area and CALEA, and he was only supposed to be there City of Miami Page 131 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 until the issue with Commander Perez was resolved. Commander Perez was either to be demoted or put back to where he belongs. And since the demotion didn't go through, I put him back where he belongs. I put Tapanes back where he belongs in CAT ,FA because he's very important. He's an integral role there. That's one issue. The changes that I basically was referring to was staff position changes, demotions of when a new chief comes on and then he eliminates the previous staff to put in a new staff. That's the changes. I inherited Chief Exposito's staff. I will work with that staff. A lot of those staff members are friends of mine, andl have the responsibility to keep them on staff because of no fault of theirs. Chair Gort: (UNINTET,T IGIBT ,F) Vice Chair Carollo: You know -- and I'm sorry, Mr. Chairman, ifI could maintain with the floor. You know, that was never told to me. As a matter offact, the Manager was there in the meeting. It so happens I -- you know, and again, I try to work with everybody. So when I was meeting with, you know, this new police commander in my area and so forth and the Manager was there, I said, Mr. Manager, would you like to join us, you know? And again, we all sat together and so forth. It was never once expressed to me that there was going to be additional changes or that he was just there waiting to see what would happen with, you now, Chief Exposito. As a matter of fact, I didn't know that he was going to be suspended at that time. So it's news to me now that he was just there to see what was going to happen with the demotions andl guess whether he was going to be dismissed or not. 'Cause at that time, I had no idea -- Interim Chief Orosa: Correct. Vice Chair Carollo: -- that there was in the pipework [sic] that, you know, he was going to be suspended. And as a matter offact, it was never told to me that this was a temporary basis to see when -- you know, what would ultimately occur with the Chief. As a matter offact, I joked about it because I -- and I've already stated it so -- Interim Chief Orosa: Yeah. Vice Chair Carollo: It was just a little surprising to me. Not that I can't work with Commander Perez. I mean, I've worked with him before. I don't see any problems working with him, but it's just, you know, this constant instability, maybe miscommunication and you know, that continues to be, you know, happening in all the departments in the City, as a matter offact. Interim Chief Orosa: I apologize for whoever kept you in the blind, but Tapanes works for me under -- when I'm in support services as a major, he works for me. CAT ,FA is my responsibility. Chair Gort: Do me a favor. Will you explain for the public what CALEA stands for? Interim Chief Orosa: Okay. CAT ,FA is the accreditation of the police department. It's a national organization that creates standards for the police department. Every year there is a self -accreditation where we send away the files and they inspect them and they say, okay, you're good to go. And every third year they come down here with assessors, and they go through the entire police department verifying that what we're telling them that we do, we actually do and we have proof that we do. And at the end of that certification, they give us a diploma saying we're good for another three years. That's basically CALEA. I first found out that Lieutenant Tapanes was going to be the acting part-time commander of your area when he came to see me and he says, look, major, this is what's going on. Andl said, okay, Ralph, but you're putting me in a difficult situation for CAT ,FA. And he says, well, that's what the Chief wants me to do. I'm supposed to work in that area a few days and do CALEA a few days, back and forth. So when I tell you that he was like a part-time seeing -- waiting to see what happens with Perez, that's the information I got. City of Miami Page 132 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Vice Chair Carollo: And again, I keep hearing additional information that I was not in the loop or I was not told. Now I'm hearing part-time, you know. He was part-time commander of that area. I thought he was the commander of that area, whether interim or so forth, and that's the information. That's what -- you know, it was my understanding. Again, the Manager was there with me. We sat there, you know, together and, you know, that's what was told to me. That's what, you know, I believe, and again, I guess it was -- and I'm just going to say erroneous information or let's say some confusion or miscommunication. I don't know. Interim Chief Orosa: Okay. Vice Chair Carollo: We could call it 101 things. We could be as diplomatic as you want. But the bottom line is, you know, it continues that, you know, the instability, the -- you know, and again, in all departments. So I just wanted to address it. Again, I don't have any problems working with Commander Perez. I have in the past, but you know, again, I just want to know -- I would like to know what's happening in District 3 because, you know, as I mentioned in the e-mail to the Manager, you know, when constituents call and when, you know, they have questions, you know, they call my office or District 3's office, you know, as their representative to, you know, get answers. So I want to make sure thatl have the correct answers in order to, you know, give the best service possible, as I think we all should. Interim Chief Orosa: Going forward (UNINTELLIGIBLE) that you'll be informed. You'll be kept in the loop either by myself or somebody that works for me. Andl will be reaching out to your office so that we can have a better line of communication so in the future you have any concerns, any issues, please feel free to have somebody in your office or yourself call me so we can address the issues and concerns that you may have or your office staff may have. Vice Chair Carollo: Thank you. I appreciate that. Interim Chief Orosa: You're welcome. Chair Gort: Thank you, sir. NA.4 DISCUSSION ITEM 11-00886 DISCUSSION BY COMMISSIONER SARNOFF REGARDING ONE -STOP SHOPPING SERVICES PROVIDED BY NEIGHBORHOOD ENHANCEMENT TEAM (NET) OFFICES LOCATED THROUGHOUT THE CITY OF MIAMI. DISCUSSED Commissioner Sarnoff.. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff.. Could l just have a slight quick appearance by Haydee Wheeler just to put something on the record? Chair Gort: Okay. Commissioner Sarnoff.. Haydee, when you first became NET (Neighborhood Enhancement Team) director, how long ago was that? Haydee Wheeler (Director, Neighborhood Enhancement Team): Two years. It'll be two years. Commissioner Sarnoff.. And you were asked shortly after becoming NET director to create City of Miami Page 133 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 something called one -stop shopping, correct? Ms. Wheeler: Correct, Commissioner. Commissioner Sarnoff. Would you describe what you've done and where it is. Ms. Wheeler: Okay. IfI recall correctly and to provide some history, this came at the meeting -- the downtown forum meeting where you actually recommended and gave me the directive to look at a one -stop shop in the NET offices. It was presented to the Mayor -- to the Manager at the time. And what it means is that we're trying to facilitate for any applicant that comes to the City ofMiami a just one stop. It's taken a while because I had to work with IT (Information Technology) and all the other departments involved in all the permits. I'm happy to say that with the assistance of the Zoning Department, Fire, Police, Code Enforcement, and all the other departments, we presently process about 200 temporary permits a year, where the applicant will come in, we provide the applications. We direct them to all the information that they have to submit. Once they come and they submit their application to the NET office, we do the walk-through. So what it saved the applicant is having to go to the different departments, where like you mentioned at that meeting sometimes the staff was not there because they were doing something else. So we've implemented for almost over a year a one -stop for the temporary use permit. We're presently working on the one -stop for the certificate of use where right now you would come to the NET office or any office, apply and pay for your certificate of use, but still we tell you you have to call for the inspections. As you probably may know, NET is now managing our CitiStat team, and we've been able to ask them to integrate this process into the 311 system. So effective, I would say maybe in a month, we'll have the one -stop where you come, you pay for your certificate of use, and from that desk the staff will actually send out the request to Code Enforcement, to Fire directly, and you don't have to make that call. So we've actually two processes that we facilitated as per your directive. Commissioner Sarnoff. So just so I understand, you were designated NET director approximately two years ago. Ms. Wheeler: Correct. Commissioner Sarnoff. Shortly thereafter, you met with the DDA (Downtown Development Authority) and you were asked to create one -stop shopping. Ms. Wheeler: Correct. Commissioner Sarnoff. And you've been implementing one -stop shopping with regard to the permit process ever since, and you will have pretty much finality in the next one month? Ms. Wheeler: Correct. Commissioner Sarnoff. But for the past year, we've had temporary permit issues that could -- were created through one -stop shopping. Ms. Wheeler: Correct. And this has helped actually anyone that wants to have a special event. And actually -- I asked Barnaby to remind me -- we implemented this on May 2010 completely because that's when Miami 21 came into effect. Commissioner Sarnoff. I just wanted to clarify the record for anybody out there who was making fraudulent or false allegations. Thank you. Ms. Wheeler: You're welcome. Chair Gort: Thank you. City ofMiami Page 134 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 ADJOURNMENT The meeting was adjourned at 9:15 p.m. City of Miami Page 135 Printed on 10/7/2011