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HomeMy WebLinkAboutCC 2011-09-27 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 Tuesday, September 27, 2011 9:00 AM PLANNING & ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chairman Frank Carollo, Vice -Chairman Marc David Sarnoff, Commissioner District Two Francis Suarez, Commissioner District Four 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 27, 2011 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM -APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS 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 10/21/2011 City Commission Meeting Minutes September 27, 2011 9:00 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 11-00864 PRESENTATION Honoree Presenter Protocol Item Rex Chemical Corp. Chairman Gort Salute Miami Youth Sailing Commissioner Samoff Certificates 11-00864 Protocol Item.pdf PRESENTED 1. Vice Chair Carollo presented a certificate of appreciation 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. 2. Commissioner Sarnoff presented certificates to members of the Miami's youth sailing teams - Coral Reef Yacht Club, Miami Yacht Club and Coconut Grove Sailing Club; further applauding their spirited participation in the 2011 Summer Championship Competitions and valuing their commitment to discipline, physical excellence and team spirit, qualities that contribute to a healthy competitive environment. 3. Chair Gort saluted Rex Chemical Corporation in acknowledgement of their outstanding success for almost fifty years as one of South Florida's leading manufacturers of liquid and powder cleaning and sanitation chemicals for ware washing, food and nutrition, laundry and housekeeping; further commending Rex Chemical Corporation as a unique corporate entity and honoring their dedication to promoting the general welfare of Miamians. Chair Gort: At this time we'll make some presentations. Presentations made. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Spence -Jones On the 27th 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 9:32 a.m., recessed at 12: 50 p.m., reconvened at 3:17 p.m., recessed at 3: 25 p.m., reconvened at 5: 02 p.m., and adjourned at 5:08 p.m. Note for the Record: Commissioner Suarez entered the chambers at 9: 58 a.m. Chair Gort: Good morning, everyone. Welcome to the City ofMiami September 27 meeting in the City ofMiami, City Commission, in historic -- at the historic chambers. The members of the City Commission is Frank Carollo, Vice Chairman, Marc Sarnoff, Michelle Spence -Jones, Francis Suarez -- running a little late -- and myself W fredo Gort, the Chairperson. We also have -- okay, they change on me -- Johnny Mar -- Alicia [sic] Bravo for Johnny Martinez, the City Manager, Julie Bru, our City Attorney, and City Clerk, Priscilla Thompson. At this time I City ofMiami Page 3 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 MAYORAL VETOES would like to ask all to stand for the prayer, given by Priscilla Thompson, and the pledge of allegiance by Marc Sarnoff. Priscilla A. Thompson (City Clerk): Good morning to all of you. And, Chair, I hope that you don't mind ifI deviate a little bit from our usual procedure. What I'd like to do is share this morning with everyone here a story that is attributed to the Cherokee tribe of our American Native Indians. The story is called The Wolves." Invocation and pledge of allegiance delivered. NO MAYORAL VETOES Chair Gort: Do we have any item the Commissioners would like to pull? Priscilla A. Thompson (City Clerk): Excuse me -- Chair Gort: Yes. Ms. Thompson: -- Chair. IfI might request that we handle the mayoral veto. That's the next item on the agenda. Chair Gort: You're right. Ms. Thompson: Thank you. Chair Gort: Do we have any vetoes? Ms. Thompson: No, we do not have any -- ORDER OF THE DAY Chair Gort: We'll now begin with the regular meeting. Madam Attorney, will you please explain the procedures. Julie O. Bru (City Attorney): Good morning, Mr. Chair, members of the Commission, Mr. Mayor, Madam City Clerk, Madam City Manager. This is an interesting and exciting day because we have a couple of things going on. We have the regular City Commission meeting. We have the continuation of a special meeting that was recessed yesterday that is scheduled to start at 4 o'clock today for purposes of determining certain actions that the Commission may take with respect to the collective bargaining agreement with the FOP (Fraternal Order of Police). We also have a Planning & Zoning meeting that's scheduled to start after 2. There's only one item in that meeting. And then of course we have our budget, our final budget hearing today, which will start after 5 o'clock. 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 available during business hours at the City Clerk's office and online at www.miamigov.com. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. Please, no cell phones or other noise -making devices. Silence them now. Any person who makes offensive remarks or who becomes unruly in the chambers will be barred from further attending Commission meetings. Any person with a disability who requires auxiliary aids, please see the City Clerk. And the lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon, unless the Chairman indicates otherwise. Thank you. Chair Gort: Thank you. City ofMiami Page 4 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 [Later..] Chair Gort: Do we have any minute [sic]? Priscilla A. Thompson (City Clerk): No, we do not. [Later..] Chair Gort: Okay, consent agenda. Alice Bravo (Assistant City Manager/Chief of Infrastructure): Mr. Chairman. Chair Gort: Yes. Ms. Bravo: Could we request the deferral of two items? Chair Gort: Okay. Ms. Bravo: We'd like to request a deferral ofRE.1, the memorandum of understanding regarding the trolley system with Miami -Dade County. We'd like to defer that to October 27 to allow more time to have discussions regarding the rate structure. Chair Gort: Okay. Ms. Bravo: And RE.7, the Marlins stadium, we're going to defer that to October 13 to allow more time to have discussions regarding workforce compliance with the contract. Chair Gort: Okay. Is that it from the Administration? Ms. Bravo: Yes. Chair Gort: Commissioners. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: There's items here that would like to defer, and don't know ifI should just defer them to make sure that, you know, I hear from my colleagues also. But there's items here thatl have not had an opportunity to vet. For example, RE.5, the Olympia Building Partnership. So I don't know if you prefer for me to defer them nor or, you know, we could just go item by item and I'll let you know the ones that l feel uncomfortable on and -- you know, so whatever the will of this Commission is. I don't have a problem with the deferrals, and don't know ifyou're going to entertain for pulling CA (Consent Agenda) items now or if we should just vote on the deferrals. Andl think we should just vote on the deferrals and then pull any CA items. Chair Gort: Mr. Vice Chairman, if you don't mind, I would like to -- when it comes to RE.5, if you defer at that time, I would appreciate it, because that way we can get the input from everyone -- Vice Chair Carollo: Exactly. Chair Gort: -- and then the staff can know -- and Administration will know the reasons why it's being deferred. City ofMiami Page 5 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Vice Chair Carollo: Exactly. Chair Gort: Okay. Vice Chair Carollo: Okay. Chair Gort: Thank you. CA items, anyone? Commissioner Sarnoff. I'd like to pull for discussion -- Ms. Thompson: I'm sorry. Commissioner Sarnoff. Sorry. Chair Gort: Let's vote on the -- Vice Chair Carollo: Let's vote -- right. Ms. Thompson: If -- Commissioner Sarnoff. We're just talking about CAs, right? Vice Chair Carollo: Well, we were talking about -- Chair Gort: You need a motion now for the -- Ms. Thompson: I just want to be clear. We're now looking at two items: one is continued, one is deferred. Andl guess my question would be do you have any CA items that you want continued or deferred? Vice Chair Carollo: No. Chair Gort: No. Ms. Thompson: Okay. So if we can have the motion then -- Commissioner Sarnoff. So move. Chair Gort: Okay, it's been moved by Commissioner Sarnoff, second by Commissioner Spence -Jones. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. [Later..] Chair Gort: Do I have a --? Yes, ma'am. Ms. Thompson: Chair, ifI might. It's my understanding that we may have some additional pocket items. There may be some additional pocket items. So rather than adjourning this meeting, you may want to go ahead and just recess -- Ms Bru: Okay. City ofMiami Page 6 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Ms. Thompson: -- and then we can come back to it after our -- Chair Gort: Who? Ms. Thompson: -- budget meeting. Ms. Bru: Right. You have two pocket items that involve the ratification of the contract with the fire union and with the general employees AFSCME (American Federation of State County and Municipal Employees) union. You could take those up -- if you want to recess this meeting, that's fine. Since they're pocket items, you could do it also at the budget hearing so -- Chair Gort: Okay. We'll recess and come back at -- [Later... Chair Gort: We'll recess until 5 o'clock. Ms. Thompson: Well, actually, you're recessing this one until after you finish your budget meeting. At 4 o'clock, there's a continuation of your meeting on the FOP (Fraternal Order of Police). You started it on September 14 -- Chair Gort: Okay, okay, right, right. Ms. Thompson: -- and yesterday, if you remember, we recessed to reconvene at 4 o'clock today. Ms. Bru: You'll have to open the meeting and then take up the business, whatever it may be, at that time. Ms. Bravo: But we have our executive session first at 3: 30. Chair Gort: Okay. Commissioner Spence -Jones: Now. Ms. Bru: At 3: 30. Ms. Bravo: Correct. City ofMiami Page 7 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 CA.1 11-00792 Department of Police CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED FUNDING OF PROTRACTED/COMPLEX INVESTIGATIONS, 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 12500.191602.535000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 11-00792 Summary Form.pdf 11-00792 Affidavit Letter. pdf 11-00792 Budget Funds Check Results.pdf 11-00792 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0371 CA.2 RESOLUTION 11-00793 Department of Parks and Recreation A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "OUT OF SCHOOL TIME SNACK PROGRAM 2011-2012" AND ACCEPTING AND APPROPRIATING FUNDS, IN AN ESTIMATED AMOUNT NOT TO EXCEED $239,491.20, CONSISTING OF A REIMBURSEMENT GRANTAWARD RECEIVED FROM THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF CHILDREN NUTRITION PROGRAMS, ADMINISTERING THE UNITED STATES DEPARTMENT OF AGRICULTURE CHILD AND ADULT CARE FOOD PROGRAM CDFA#10.558 (CHILD CARE FOOD PROGRAM); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID REIMBURSEMENT GRANTAWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT AWARD; ALLOCATING SAID FUNDS FROM THE CHILD CARE FOOD PROGRAM TO THE CITY OF MIAMI'S OUT OF SCHOOL TIME SNACK PROGRAM FROM OCTOBER 2011 THROUGH SEPTEMBER 2012; AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE OPERATIONS OF THE PROGRAM, WITH SUCH AUTHORIZATION REMAINING VALID AND OUTSTANDING EVEN IF THE ANTICIPATED AWARD IS REDUCED OR INCREASED. 11-00793 Summary Form.pdf 11-00793 Legislation .pdf 11-00793 Exhibit 1.pdf City ofMiami Page 8 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Motion by Vice Chairman Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0373 Chair Gort: CA.2. Mr. Vice Chairman, you're recognized. Vice Chair Carollo: I think usually the Administration presents first. Chair Gort: Okay. Go ahead. Ernest Burkeen: Ernest Burkeen, director of Parks & Recreation. CA.2 is a resolution establishing a new special revenue project entitled Out of School Snack Time." Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Is this the same snack program that we've had in previous years? Mr. Burkeen: That's correct. Vice Chair Carollo: Okay. The one that I have fought so hard for in District 3 and we've had numerous conversations back and forth on the dais with regarding to this snack program? Mr. Burkeen: Well, you know, Commissioner, before I came to the City ofMiami, you didn't have a snack program. I introduced the snack program to the City ofMiami, and we've had the program every year. Last year we had a problem because they decided to introduce a new regulation, which meant we had to have a different kind of building occupancy. As a result of that, your facility, Jose Marti -- Vice Chair Carollo: And Henderson. Mr. Burkeen: -- and Henderson, we had to go through a number of changes. We were able to resolve that, and this year you're included. Vice Chair Carollo: Thank you. Andl want to point it out for my colleagues because I know, Commissioner Spence -Jones, you may have not have seen some of the meetings and so forth, but I have pushed very hard for my district just for fairness, for equality. And as I've mentioned before, District 3 is the district with the least amount of parks. However, there is great need there. And l just want to point out, in this snack program, the number of kids that will be served in each district, so you see the great disparity. And this is after fighting extremely hard and bringing this item back three, four times in the previous year. District 1, 251 kids will receive snacks. District 2, 325 kids will receive snacks. District 4, 305 kids will receive snacks. And District 5, 313 kids will receive snacks. District 3, the district thatl represent, 122 kids. So there's a big disparity. So although it's obvious we don't have nowhere near the number of parks in District 3 as all the other districts; however, there's a big need there and there's still a lot of kids that live there, and very needy, I might add. So it's still a big disparity with regards to the snack program. This by no means does it mean that I'm against the snack program or that I don't appreciate any work that you have done in the past and now, Mr. Burkeen, 'cause I truly appreciate it. I think this is an excellent program, but I'm just trying to obtain more fairness with regards to the kids, the children of Little Havana, especially East Little Havana, and there's a great need there. If you go by the federal HUD (Department of Housing and Urban Development) with regards to poverty for the different districts, it depends when you see it and so forth, District 3 is right below District 5. First comes District 5, then comes District 3. It may City ofMiami Page 9 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 CA.3 11-00795 have changed a little bit now, but the truth of the matter is there's great need, and that's why I continue to point this out andl continue to fight so the children, the kids of District 3 also have an opportunity as all the kids citywide. Thank you. Mr. Burkeen: I agree. Commissioner Sarnoff.. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff.. Mr. Burkeen, sometimes you have so much wealth of information, you use a pronoun, and you say They. "I think you meant to say an entity exterior of the City of Miami had a new requirement. I just think for the record purposes you would really satisfy taxpayers and residents by saying whether it was HUD or whoever it was. Mr. Burkeen: State of Florida introduced the new regulations. Commissioner Sarnoff.. And something you had to overcome? Mr. Burkeen: Yes. Commissioner Sarnoff.. Okay. I just think you should clam the record -- Mr. Burkeen: You're correct. Commissioner Sarnoff.. -- so anybody thinking you may have made a choice, you didn't make that choice. What you made was a choice to comply with the new requirement. Mr. Burkeen: Thank you. Vice Chair Carollo: And Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: IfI could just add. Now at that time what I had asked, how come the District 3 parks ended up with that requirement at the tail end where all the other parks seem to either have had it or obtained it much quicker? So I fought very hard for that. And once District 3 parks have obtained that and we're beyond that, we're past that, you still see the big disparity with regards to actual childrens [sic] that are being, you know, offered this opportunity. It's a big disparity. It's pretty much 3-1. So I want to point it out to my colleagues. I will be voting for this item, but again, I seek for solutions so in the future we can somehow make it a little bit more fairer [sic] and move on. Thank you. And with that, I make -- Commissioner Sarnoff.. Second. Vice Chair Carollo: -- a motion to move. Chair Gort: There's a motion by Vice Chairman Carollo, second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION City ofMiami Page 10 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Department of Parks and Recreation A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT FOR FISCAL YEAR 2011-2012 ENTITLED: "CHILD DAY CARE FOOD PROGRAM" AND ACCEPTING AND APPROPRIATING FUNDS, IN AN ESTIMATED AMOUNT OF EIGHTY THOUSAND DOLLARS ($80,000), CONSISTING OF ENTITLEMENT FUNDING ON A REIMBURSEMENT BASIS FROM THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF CHILDREN NUTRITION PROGRAMS, CHILD CARE FOOD PROGRAM ADMINISTERING FUNDS FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE CHILD AND ADULT CARE FOOD PROGRAM (CDFA #10.558); AUTHORIZING THE CITY MANAGER TO ACCEPT SUCH ENTITLEMENT FUNDING ON A REIMBURSEMENT BASIS AND TO EXECUTE THE FISCAL YEAR 2011-2012 CONTRACT INCLUDING ALL ATTACHMENTS AND AMENDMENTS THERETO, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO NEGOTIATE AND TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY, ALL OTHER NECESSARY DOCUMENTS FOR COMPLIANCE WITH AND OPERATION OF AYEAR-ROUND FOOD SERVICE PROGRAM (THE "PROGRAM") FOR PRESCHOOL AGED CHILDREN IN THE CITY OF MIAMI PARKS, WITH CONDITIONS; AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE OPERATIONS OF THE PROGRAM, WITH SUCH AUTHORIZATION REMAINING VALID AND OUTSTANDING EVEN IF THE ANTICIPATED ENTITLEMENTAWARD IS REDUCED OR INCREASED. 11-00795 Summary Form.pdf 11-00795 Legislation.pdf 11-00795 Exhibit 1.pdf Motion by Vice Chairman Carollo, 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-11-0374 Chair Gort: CA.3, Mr. Burkeen. Ernest Burkeen (Director, Parks and Recreation): CA.3 is a resolution establishing a new special revenue project and called -- entitled Child Day [sic] Care Food'rogram. Chair Gort: And this is from the Florida Department of Health, Bureau of Child [sic] Nutrition program. Mr. Burkeen: For the day care -- three day care centers that we have in the City. Chair Gort: Okay. Mr. Burkeen: Moore Park, Eaton, and Lemon City. Chair Gort: Thank you. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I pulled it. And pretty much, it wsa the same argument that I had before, so you know, I'll make the motion to move. But I think -- City ofMiami Page 11 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Commissioner Spence -Jones: Second. Vice Chair Carollo: -- my point was well made in CA.2. And again, I'm just bringing it up in CA.3. Chair Gort: Moved by Vice Chairman Carollo, second by Commissioner Spence -Jones. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. CA.4 RESOLUTION 11-00797 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO REVOCABLE PERMIT NO. 8 ("AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND ALLAPATTAH COMMUNITY ACTION, INC., FOR THE CONTINUED USE OF THE CITY -OWNED PROPERTY LOCATED AT 2257 NORTHWEST NORTH RIVER DRIVE, FORMERLY KNOWN AS 2251 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, IN CURTIS PARK, TO PROVIDE ELDERLY INDIVIDUALS WITH DAILY LUNCH TIME MEALS, AND EDUCATIONAL AND RECREATIONAL ACTIVITIES, PROVIDING FOR AN ANNUAL INCREASE FROM $100 TO $200, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN THE AMENDMENT. 11-00797 Summary Form.pdf 11-00797 Revocable Permit No. 8.pdf 11-00797 Legislation.pdf 11-00797 Exhibit 1.pdf Motion by Vice Chairman Carollo, 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 R-11-0375 Chair Gort: CA.4. Daniel Newhoff (Interim Director): Good morning. Dan Newhoff Department of Public Facilities. CA.4 is a resolution of the Miami City Commission authorizing the Manager to execute an amendment to a revocable permit between the City ofMiami andAllapattah Community Action for continued use of City property, located at 2257 Northwest North River Drive, also known as Curtis Park, to provide elderly individuals with daily lunch time meals and educational and recreational activities; providing for an annual increase in rent from $100 to $200 per year. Chair Gort: Thank you, sir. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: I pulled this item just for clarity and for a little bit of explanation. I City ofMiami Page 12 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 understand Allapattah Community Action does very good work. I've been told quite a bit. And obviously, feeding the elderly is extremely important to me, as I have mentioned before. I have a great percentage of elderly living in District 3. However, when I hear $200 a year for rented space, I mean, it catches my eye; and obviously, I always do my due diligence, especially when it comes to numbers, so -- I mean, if someone could explain a little bit more why it's only $200, you know, a year -- I don't know. If I could have a little bit of explanation with regards to that. Chair Gort: I'll allow the staff to do that. My understanding is that all those buildings were built and the property were bought with the CDBG (Community Development Block Grant) funds. At the same time, there's not any additional expense to the City ofMiami. But I'll let staff please say it. Peter Kendrick (Lease Manager): That's correct, Commissioner. Peter Kendrick, Public Facilities. Exactly what Commissioner -- Chair Gort: Speak into the mike, please. Mr. Kendrick: -- Gort said. This is a elderly center that funds -- the City doesn't cover any cost for this particular facility, and we charge them $100 a year. We look at the services that they provide and what they're (UNINTELLIGIBLE), so we double the rent. And then that is part of a mandate. What we're trying to do, increase the monthly fees -- annual fees in this case for these particular occupants. Vice Chair Carollo: Okay. I will move the item then. Commissioner Spence -Jones: Second. Vice Chair Carollo: And again, I just want clarity because when you hear $200 a year, I mean, obviously it -- you know, I would like some further explanation and -- which you have given. As far as utilities and so forth, does Allapattah Community Action actually pay it or --? Mr. Kendrick: Yes. Vice Chair Carollo: Okay, thank you. Chair Gort: Okey-doke. It's a motion by Vice Chairman Carollo, second by Commissioner Spence -Jones. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. CA.5 RESOLUTION 11-00798 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY"), FOR THE CONSTRUCTION OF NEW CONCRETE SIDEWALK ALONG THE NORTHERLY SIDE OF SOUTH BAYSHORE DRIVE BETWEEN AVIATION AVENUE AND KIRK STREET, MIAMI, FLORIDA; ALLOCATING FUNDS, IN THE AMOUNT OF $100,000, FROM CAPITAL IMPROVEMENTS PROJECT NO. B-40168, TO THE COUNTY FOR SAID PURPOSE. City ofMiami Page 13 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 11-00798 Summary Form.pdf 11-00798 Legislation.pdf 11-00798 Exhibit 1.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0376 Chair Gort: PH.1. Commissioner Sarnoff. No, CA.5. Vice Chair Carollo: No, CA.5. Johnny Martinez (Assistant City Manager/Chief of Infrastructure): CA.5. Chair Gort: Oh, I'm sorry. I missed that one. Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. CA.5 is a resolution to authorize a construction JPA (Joint Participation Agreement) with Miami -Dade County for the construction of new concrete sidewalks along the northerly side of Bayshore Drive between Aviation Avenue and Kirk Streets [sic]. This is a project that was initiated through District 2, and the funding is from the local option gas tax, (UNINTET,TIGIBT,F) 113. The County intends to commence construction in January 2012, and it brings a lot of benefits to the City to combine both projects. The County is interested in doing drainage construction along South Bayshore Drive beyond the extent of this project, and the City decided to jointly participate in this construction project. One additional benefit is that there are a number of covenants for postponing sidewalk construction within the limits of this project that the City decided to call and ask City homeowners to as well do the construction, so that reduces the construction impacts on the City ofMiami. Any questions? Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. Mr. Ihekwaba, what exactly -- 'cause I -- it's a good opportunity to discuss it. On Bayshore Drive, what is the County's project and how much money will they be spending? Mr. Ihekwaba: The County has a, like I said earlier, drainage construction project which extends from I believe 27Avenue all the way beyond where the City's sidewalk project will come in -- will end. I believe they've committed to more than $1.1 million in terms of construction costs. The City's construction impact is only $100,000. Commissioner Sarnoff. And the County's project will improve the drainage up and down Bayshore Drive? Mr. Ihekwaba: That's correct, sir. Commissioner Sarnoff. And it will all -- of course improving that would be anything as a positive, but would it all -- it'll include milling and resurfacing as well? Mr. Ihekwaba: Obviously, once you do an impact on a paved driving surface, you have to do the restoration, and the restoration includes repaving of the travel lanes. In addition to doing City ofMiami Page 14 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 drainage along this corridor, the County is also going to construct an (UNINTET,T IGIBT ,F) fall to the bay, which obviously is a much better drainage system than what would have been without an (UNINTET,T IGIBT ,F) fall. Commissioner Sarnoff.. Okay. The only reason I'm bringing this up is when I first came into officer, there was supposed to be $4.1 million dedicated to Bayshore Drive. And obviously Bayshore Drive is the apron way of City Hall and certainly a street that everybody here is pretty well familiar with. And l just want to ensure that this $1.1 million is adequate because this $4.1 million goes back to '06, and I've never heard that number mentioned again. Albert Sosa: Albert Sosa, director of Capital Improvements. In addition to what Zerry just mentioned, the County has entered into a joint participation agreement with the City for improvements along South Bayshore Drive, between basically Kennedy Park going towards Mercy Hospital. And they've currently granted us approximately $450, 000 to begin the design on that, and they have spoken about the additional amount for the construction, which would be approximately 4 to $5 million. However, we do not have that in hand at this time, but the intent is to move forward with that project. Commissioner Sarnoff.. Okay. Maybe we could speak to the County Commissioner about moving that along. Commissioner Suarez: I had a feeling that was coming. Commissioner Sarnoff.. Thank you very much. Chair Gort: Thank you. Any further questions? Commissioner Sarnoff.. Move it. Vice Chair Carollo: Second. Chair Gort: Been moved by Commissioner Sarnoff, second by Vice Chairman Carollo. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. CA.6 RESOLUTION 11-00833 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "2011-2012 VICTIMS OF CRIME ACT (VOCA)" CONSISTING OF A GRANTAWARD FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, DIVISION OF VICTIM SERVICES AND CRIMINAL JUSTICE PROGRAMS, IN THE AMOUNT OF $32,247, AND THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS IN THE AMOUNT OF $8,062, IN -KIND SERVICES FROM THE CITY OF MIAMI POLICE DEPARTMENT, FORATOTALAMOUNT OF $40,309; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANTAWARD AND TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. City ofMiami Page 15 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 11-00833 Summary Form.pdf 11-00833 Memo - Emergency Item .pdf 11-00833 Memos - Office of the Attorney General.pdf 11-00833 Legislation .pdf 11-00833 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0372 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 Vice Chair Carollo: Mr. Chairman. Chair Gort: CAs (Consent Agenda). Vice Chair Carollo: Thank you. If I could pull CA. 2, CA. 3, and CA. 4 for discussion. Chair Gort: Okay. Commissioner Sarnoff. Commissioner Sarnoff.. I just wanted to pull CA.5 for discussion. Chair Gort: Okay. Commissioner Spence -Jones. Commissioner Suarez. Commissioner Suarez: No, I'm good. Chair Gort: No? Commissioner Suarez: Thank you. Chair Gort: Okey-doke. Mayor Tomas Regalado: Mr. Chairman. Chair Gort: Thank you. Vice Chair Carollo: Mr. Chairman. Chair Gort: Let me make a motion for CAs. Vice Chair Carollo: I make a motion to move CA.1, CA. 6. Commissioner Sarnoff.. Second. Chair Gort: It's been move and second. Any further discussion? Being none, all in favor, state it by saying iiye. " City ofMiami Page 16 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 The Commission (Collectively): Aye. PUBLIC HEARING PH.1 RESOLUTION 11-00819 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THAT IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE LEASING OF GOLF CARS FOR THE INTERNATIONAL LINKS/MELREESE GOLF CLUB; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH YAMAHA MOTOR CORPORATION, FOR A SIXTY (60) MONTH TERM AND IN A TOTAL LEASE AMOUNT NOT TO EXCEED $250,500. 11-00819 Summary Form.pdf 11-00819 Notice to the Public.pdf 11-00819 Proposal - Melreese Golf Club.pdf 11-00819 Legislation.pdf 11-00819-Exhibit 1-SUB.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PH.1 was deferred to the Commission Meeting scheduled for October 13, 2011. Chair Gort: PH.1, public hearing. Kenneth Robertson (Director): Good morning, Commissioners. Kenneth Robertson, Purchasing Department. PH.1 is a resolution, by a four fifths affirmative vote, ratifying, approving, and confirming that it is most advantageous for the City ofMiami to waive competitive sealed bidding procedures, pursuant to Section 18-85 of the code of the City ofMiami, for the leasing of golf cars for the International Links Melreese Golf Club; further authorizing the City Manager to execute a lease agreement, in substantially the attached form, with Yamaha Motor Corporation, for a 60-month term and in a total amount not to exceed $250,500. With regard to form, the Law Department has requested that acceptance of this resolution be conditioned upon the removal of Section 131ndemnity'andSection 25, entitled Article 2A'from the sample Yamaha master lease agreement. Chair Gort: Thank you. Question. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: First question, why do we need a four fifth? You say it's most advantageous. Why is it most advantageous? Mr. Robertson: Because a formal procurement solicitation was not issued for these goods. City ofMiami Page 17 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Vice Chair Carollo: So it is not issued? Mr. Robertson: Correct. The -- Vice Chair Carollo: Why, if it's --? Mr. Robertson: -- City ofMiami is currently under lease with Yamaha Motor Corporation for the existing 2007 golf car fleet. We're in year lease five year of five. The Yamaha Corporation presented a new proposal that would sunset the existing lease without penalty and provide a brand-new 2012 fleet at the same pricing from the 2007 lease. So essentially, the City would be saving a significant amount of money by entering into this new lease agreement. Additionally, the facility is in the position where it needs to perform maintenance on the 76 golf cars from the 2007 lease. The approximate cost of that maintenance is $30,000. By entering into the new lease, that would forego those costs; the existing lease would be sunsetted; we would enter into the new lease and save approximately 69,000 to $83, 000. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: See, I'm getting all these numbers thrown at me, andl'm not really sure where they're coming from so I'm a little hesitant, not to mention that I'm seeing here $50, 000 for golf carts and -- you know, which -- I don't know if you want to call it capital improvement or not, but the bottom line is, you know -- but if we're foregoing, you know, monies for police cars -- so I'm here thinking $50, 000 a year, 250, 000 for golf carts, and then for police cars, we're not funding that. So the priority is a little, you know, off there. And again, you know -- and most of this -- you know, I haven't had time to really analyze this, andl'm getting all these numbers thrown at me where I'm saying what, we're saving this, we're saving that? How is he coming up with that calculation? Ernest Burkeen (Director, Parks & Recreation): Ernest Burkeen. Chair Gort: Commissioner Suarez. Wait a minute. Let me -- let Commissioner Suarez -- Commissioner Suarez: Thank you, Mr. Chairman. I had a similar kind of question, concern when I saw the agenda item. Andl think one of the problems that makes this somewhat confusing is that when you -- and this is something that I think happens in other procurement -related agenda items, and it's something that spoke to the City Manager and their, you know, designee about maybe changing this. When you talk about the total fiscal impact of the cars, the only thing that is included is the cost. There is no corresponding revenue component, if there is in fact a revenue component with, for example, having -- spending $50, 000 on golf carts. My presumption is that you rent the golf carts out in the golf course and that they generate revenue and that revenue may actually be greater than the expense. But when you put total fiscal impact, that's 50 -- you know, 50,000 per year for five years, the logical question is is that really a good use of limited expenditure resources versus other expenditure resources? I think when you change the analysis a little bit, that may put it in a different context. Can you address that? Mr. Burkeen: I think you're correct. This is a $50, 000 investment, but -- so far this year we've generated $840, 000 in revenue because everyone who plays golf has to take a golf cart and it's $25 a pop. Commissioner Suarez: But in fairness to the Vice Chairman -- and this goes to the City Manager -- Madam City Manager, in fairness to the Vice Chairman, when we have a procurement item that talks about total fiscal impact, really, to give you a total fiscal impact, you should not only City ofMiami Page 18 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 weigh the expense category, but you should have the revenue category and it should all be broken down, you know, the expense line item being -- you know, because -- not only that, it comes from our general account, which is another, you know, thing that looked at. Andl said, look, account number -- general account number. This is coming from one of our general accounts, so it's a general account expense. We obviously have limited general account funds and we have many general account needs. So from my perspective, one of the things that I thought was a little bit deceiving is the fact that the fiscal impact is really not what is shown here. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Alice Bravo (Assistant City Manager/Chief of Infrastructure): Andl concur with that. Vice Chair Carollo: Would anybody have a problem deferring this to the very next meeting? Chair Gort: My understanding is -- why don't you explain the -- that this is something that was here. It's been here for about a year and half, I understand. Mr. Robertson: Correct. From what I understand, the current lease proposal from Yamaha was submitted to Mr. Larry Spring earlier this year. It was not disseminated to Procurement to issue any kind of formal bid for that. On the July 28 agenda, Chairman Gort instructed the Administration to review this and to expedite the procurement of the golf cars for this golf course, so we have done that. We reviewed the lease proposal against two competitively procured piggyback options. One, we looked at a current Yamaha lease with the city ofMiami Springs, the cost of which is $39,975 more expensive than our City ofMiami lease proposal from the same company for the same fleet. The second piggyback that we looked at was pursuant to national IPA contract 084070 for golf cars, and we requested a proposal from Club Car. The proposal that they submitted to us for this project was $53,538 more expensive than the current City ofMiami Yamaha proposal. Chair Gort: Okay. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff. I sort of came about this from a whole different angle. Being the remnant of the green Commissioner andl was curious the advantage of an electric golf cart versus a gas power golf cart, andl believe these are on two-stroke engine, gas powered golf carts, which, if you don't know, is the most polluting vehicle you could place on the face of the earth. And if you don't believe me, go to China or go to India and you'll see the pollution problems they have there. Then I looked at the overall costs of maintaining a gasoline golf cart versus a electric golf cart, and there's quite a bit of ambient articles on it. Before we get to maintenance, I'll give you the gas mileage differential. And remember, these -- this is when gas was $3 a gallon. I think it's closer to 4, but this is at $3. In order to travel 250 miles on gasoline, and assuming you get 20 miles per gallon -- and these get about 20 miles per gallon -- you'll need 12 and a half gallon. Based upon today's gasoline rates for about $3 a gallon, that will cost you 37.50. To drive the same distance 250 miles using electricity with an electric rate of .10 kilowatt hours -- we are less than that here in Florida -- will cost you a whopping $5. So I wonder if somebody's done a complete thorough analysis as to whether gasoline is a better way to go. Now, if you just study -- as you all know, the only cost associated with an electric golf cart is the battery. However, the cost associated with maintaining a gasoline golf cart, as you know, is -- changes of oil filters, changes of oil -- it's a significantly different animal, very much like our cars, and it will go in for all the various maintenance issues. Andl wonder if anybody's done a City ofMiami Page 19 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 cost benefit analysis, as well as a pollution analysis, for electric versus gasoline. And in case anybody's wondering, best practices are electric golf carts. Mr. Robertson: Commissioner, ifI may. Chair Gort: Mr. Burkeen. Mr. Robertson: The current fleet, yes, are gas powered golf cars. The Melreese golf course does not have a facility capable of charging 76 golf cars for their use on a daily basis. That would require a significant capital expenditure to build such a facility. The current situation is that the management company for the golf course obtains fuel from Port Consolidated, who is under contract with the City ofMiami, who leverages our contract pricing for fuel, so there are significant cost savings on that level. Commissioner Sarnoff.. Do we get our gas at $3 a gallon? Are we that efficient? Mr. Robertson: No. Our price for gas is much lower than that. Commissioner Sarnoff.. Much lower? Mr. Robertson: Than $3. Commissioner Sarnoff.. Because the last time I saw our cost analysis, we were at $3.50 or $3.60 a gallon, City ofMiami. Mr. Robertson: I believe GSA (General Services Administration) just entered into a fixed price agreement with Port Consolidated for fuel that's lower than 3.50; 3.21, I believe, 3.22. Commissioner Sarnoff.. I was looking at last year's budget. Mr. Robertson: Um -hum. So the issue -- Chair Gort: Okay. Mr. Robertson: -- really is with regard to capability. The facility does not have the capability to have electric golf cars at this time. Commissioner Sarnoff.. But -- Chair Gort: But I think it's important, Mr. Burkeen, to explain -- because I think the Vice Chairman brought a good point, that we talked about police cars and golf cars. I think it's important to explain the source of the funding, where is it coming from. Vice Chair Carollo: General fund. Chair Gort: It's general fund but it's paid back by the revenues created by the -- Melreese. Vice Chair Carollo: Yeah. Well, that's something that -- and again, it was mammoth amount of information in only a very short period of time. But when I was looking at Melreese with regards to revenues and expenses and so forth, are we generating revenues from the Melreese golf cart -- I mean, golf court [sic]? Mr. Burkeen: This year it looks like they were going to be in the black for the first time because expenses are down and revenues are up. City ofMiami Page 20 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Vice Chair Carollo: Okay. 'Cause when I spoke to the Budget director -- Budget directors with Mirtha there involved, it seemed like they were still going to be in the red. Mr. Burkeen: In past years they have been in the red, but this year it looks like we're going to finish in the black, but we won't know till the end of the year. Vice Chair Carollo: And again, so -- andl say that because, you know, you make a very powerful argument when you come here and you say, hey, you're spending $50, 000 a year, but you're bringing revenues of 848, 000, that's a little deceiving because guess what. There's other expenses that, you know, realistically, killed that revenue. In other words, that revenue is not associated just with this expense, so -- again, is there a problem with deferring this for the next meeting, just two weeks, so we could get all these questions answered? Ms. Bravo: The concern may be the existing condition of the vehicles and the maintenance costs associated with keeping them enforced. Mr. Burkeen: As long as you keep the old carts, you're going to continue to add to your maintenance woes. And at some point in time you will impact your revenue because carts will be taken out of rotation. Vice Chair Carollo: Are you saying that all the carts are going to be taken out of rotation now for two weeks? Mr. Burkeen: No. What I'm saying is -- Vice Chair Carollo: Okay. Mr. Burkeen: -- that every day that you don't have this in place, you're going to start to lose vehicles, and that's going to impact your revenue. Chair Gort: We understand. But at this time the Commissioner requesting that we get all the information, andl think it's very -- be very important, especially for the public to understand how that is being produced, where are the revenues coming from, and where are the expenditures coming from, and where are we at at this time, okay. Any further discussion? Vice Chair Carollo: I'll -- can I make a motion to defer then? Chair Gort: Sure. Commissioner Spence -Jones: Second. Vice Chair Carollo: Motion to defer. Chair Gort: To defer for the -- Vice Chair Carollo: The next meeting. Chair Gort: Next meeting. Public hearing. Yes, sir. Mariano Cruz: No. I (UNINTELLIGIBLE) was a public hearing. I was going to say something about it, because this is private -- Mariano Cruz, 1227 Northwest 26, chairman ofAllapattah Business Development Authority and vice chairperson ofAllapattah Homeowners Association. Andl laugh when I read here -- like Nate Kurland said the other day -- and "not to exceed" so much amount. Two hundred and something for the private industry. We already give a few million dollars to build the community center there, few million from Capital Improvement that City ofMiami Page 21 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 SR.1 11-00732 came under bid. It was -- I think it was five million; came three million, andl remember because I am in that board. And now in Allapattah we got manufacturing business that not getting nothing at all. And then I go to the budget hearing of the County, I hear people help because -- and Neighbors and Neighbors who get so much money. The money is going to -- the Leroy Jones money, the mom and pop is going there to Liberty City, and Allapattah is contribute to a lot of tax money to the County, and the businessmen are closing the manufacturing facility, like Access Tool [sic], 17 and 28, he had to let go so many employees; (UNINTELLIGIBLE), 2192 and 19th Avenue, 1749 to 21 Street, nothing for them people. And they are not only in Allapattah; they are in the Empowerment Zone and we not getting any help. And you know how much it would help the small business with two hundred and some thousand dollars gross. Is golf a priority now? Since when? People that play golf there all the time. The (UNINTELLIGIBLE) or the one that play with the CEO (Chief Executive Officer) of the company. No. You play in that (UNINTELLIGIBLE). You are in the boardroom, because that's what it is. It's not what you know. It's who you know and who you play golf (UNINTELLIGIBLE). And then you go to the 19 hole and you cut the business there. Because I play golf too and I know how the business are done. So don't tell me about the 19th hole and all these people. And it's two hundred and some thousand dollars. Oh, come on, come on. That is not a priority for the City. Mayor, that's in the budget too. Not to exceed. Well -- Chair Gort: Thank you, sir. Anyone else? Anyone else would like to --? Okay. I have a motion and a second. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. END OF PUBLIC HEARING ORDINANCES - SECOND READING ORDINANCE Second 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 Suarez, 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 13284 Direction by Commissioner Spence -Jones to the City Clerk, City Attorney and to the Administration to work together and develop a cost analysis in reference to moving the City's election cycle to Miami -Dade County's, which is on even years, and determine savings; further directing to report on the costs associated with placing more than one charter amendment on the ballot. Chair Gort: SR. 1 City ofMiami Page 22 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Priscilla A. Thompson (City Clerk): Commissioenrs, SR.1 is the second reading of our ordinance establishing our early voting dates and our early voting sites. Commissioner Suarez: Move it. Vice Chair Carollo: Second. Commissioner Spence -Jones: For discussion. Chair Gort: It's been moved by Commissioner Suarez; second, Vice Chairman Carollo. Spence -Jones. Commissioner Spence -Jones: Yes. I just -- Mr. Budget -- Danny from Budget, I just want to ask -- definitely support us -- I see we're closing one location and, Madam City Clerk, which gives us a savings of 25k, which is awesome. But what I would like, Danny, if you could -- got to take a second. I think that as we go into next year -- I know this discussion has been floating around. I know that we've had a discussion with the Clerk's office. I know you andl have had a discussion, and I'm sure you've had the same with the other City Commissioners. But when we start looking at our deficit for next year, here's an area that we really, really need to start discussing and considering now. I was kind of amazed to see -- andl would like to get an analysis perhaps in the next coming weeks on, you know, what it would look like for us to really look at going to even years for the -- with the County elections. I believe the number was close to --at least over $600, 000. Andl know that next year when we start talking about a budget shortfall, we're going to be looking -- andl was told -- even told that it might be even closer to a million dollars that we could save on doing that. I think as a board we really need to consider this as an option, because we're going to -- when we start looking at how do we fill that hole, this is one hole that we need to consider. So I'd like to ask Madam City Clerk and our Budget director to really look at -- I know it requires something -- for us to do with the Charter in order to make that happen, but I think that if we put a plan together now, then we can address it. And let's not just have one Charter issue addressed in it. Let's try to address more than one so that we at least put more than one item in it at a time. I'm sorry, Madam City -- Priscilla A. Thompson (City Clerk): No. I just would ask that you include the City Clerk's office -- I'm sorry, the City Attorney's Office as we may be talking about a Charter revision. Commissioner Spence -Jones: Okay. Ms. Thompson: So we would need that legal aspect -- Commissioner Spence -Jones: No problem. Ms. Thompson: -- to help us out as well. Commissioner Spence -Jones: So Madam City Attorney and Madam City Clerk and our Budget director, please let's try to do that because going into next year, I think it would make a lot of sense. Mr. Budget Director, do you have anything that you'd like to add, or Madam City Clerk, on why you guys feel that this is a great option? Ms. Thompson: We have, over the past two budget years, been in direct contact with the City Manager's office regarding possible cost savings. The idea was presented and floated at least two years ago by Dade County Commissioner Sosa, and we brought that information to the Commission -- I'm sorry, to the City Manager, and with information that we got from the supervisor of elections. We've given the information out. We've run up the cost. We've done some research regarding other entities, other municipalities that have already gone, moved from the odd year to the even year, and we just have information. Whatever you would like for us to City ofMiami Page 23 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 further research, we will. Commissioner Spence -Jones: If it is the will of the Commission, I would really ask that we consider this because this, I think, will definitely give us some additional revenue -- save us some additional revenue and help us reduce costs going into the next budget. Any comments you have? Daniel Alfonso: Danny Alfonso, Budget director, City ofMiami. I will get with the Clerk and attorneys and we'll work out what numbers are there. And understand that there is possible savings for doing that, so we'll bring that report back to you in two or three weeks or at I guess October 13. Chair Gort: Okey-doke. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Yeah. I'd just like to see some of the numbers and so forth, and we have to take some intangibles into consideration also. We have four-year terms. That's going to either push us to do an additional election or -- I don't know how we're going to be able to handle this. So there's intangibles there that we need to look at too, you know, that I don't want to -- Commissioner Spence -Jones: I -- Vice Chair Carollo: --not look at that could, you know, put -- Commissioner Spence -Jones: That's what I'm saying. I want them to do an overall analysis, but to my understanding, I think that that has already been looked at as well, so I don't think that -- if I'm not mistaken, that there would have to be an additional election. I think that it would just have to roll over an extra year or something to that effect. But regardless of what it is, guys, if we're going to save almost a million dollars, we need to consider some way of addressing it. I'm not saying we have to address it in this particular meeting. I'm asking for staff to come back with an analysis on it. It's our responsibility to figure out as much we can cut cost to do that. Alice Bravo (Assistant City Manager/Chief of Infrastructure): And we'll confer with the Law Department to see what the -- Commissioner Spence -Jones: No problem. Ms. Bravo: -- requirements would be. Commissioner Spence -Jones: Thank you. Chair Gort: Thank you. I need a motion. Ms. Thompson: We have a motion. We have a second. Chair Gort: Second. Ms. Thompson: Now we need to read the ordinance. Julie O. Bru (City Attorney): This is an ordinance of the Miami City Commission making -- Ms. Thompson: Oh, I'm sorry. We did have to have a public hearing. I apologize. City ofMiami Page 24 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 SR.2 11-00647 Department of Building and Zoning Chair Gort: Anyone in the public would like to address this issue? Being none, close the public hearing. Ms. Thompson: Thank you. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-1 -- I'm sorry, 4-0. 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 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 13285 Direction by Chair Gort to the Administration to provide a report to the Commission regarding compliance by the Miami Marlins with the local participation requirement in both the Marlin Stadium and Stadium Parking Garage contracts. Direction by Chair Gort to the Administration to provide Commissioners with a copy of the report requested by Commissioner Suarez, regarding the pro forma created for the stadium bonds, on a monthly basis or as assumptions change; further directing that the Administration provide a report on the revenue projections for the retail facilities associated with the Miami Marlins Stadium that includes an update on the status of conversations with the agency hired to obtain the retail vendors and their projections for these facilities. Barnaby Min: SR. 2? Barnaby Min, Zoning administrator. SR. 2 is an amendment to Chapter 4, creating the Orange Bowl District, which will be around the Marlins stadium. It will relax the distance separation requirements for alcohol establishments within the district. Chair Gort: Wait a minute. Vice Chair Carollo: Mr. Chairman. City ofMiami Page 25 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Chair Gort: Yes, sir. Vice Chair Carollo: I move it for discussion. Commissioner Spence -Jones: Second for discussion. Chair Gort: It's been moved and second. Moved by Vice Chairman Carollo, second by Commissioner Spence -Jones. Vice Chair Carollo: Thank you. Chair Gort: Discussion. Vice Chair Carollo: Thank you. What was the language -- there was a sentence that was removed from the first reading. Mr. Min: Yes, sir. The reason this was deferred last time is because there was concern raised by the Florida Marlins that originally there was language indicating that no such establishment shall operate during school hours. The Marlins raised a concern that obviously there were going to be some baseball games that occurred during school hours. And because of that, there will be alcohol establishments that serve for the purpose of the Marlins game that would not be able to distribute alcoholic beverages. Vice Chair Carollo: Do you know what's the exact language, the sentence that was removed? Mr. Min: I don't know the exact word for word, but I believe that -- to paraphrase, it said that no such establishment shall serve alcohol during school hours. Vice Chair Carollo: Okay. I -- actually, I discussed it with various people and -- from the Administration, Francisco Garcia to yourself. I'm not sold on the idea, but what I'm seeing is that there's no schools anywhere near that area for at least 2, 000 feet, correct? Mr. Min: That is correct. The closest one, I believe, is between 1,500 to 2,000 square feet to the south that actually meets the distance separation requirement. And the language where we removed the hours of operation for schools is actually similar to other such districts that we have throughout the City, for instance, the Little Havana district. So it is consistent with language and relaxation of distance separation requirements and hour separation -- I'm sorry -- hour limitations for these type of establishments. Vice Chair Carollo: And l just got the language. So the sentence is -- Mr. Min: It's in -- Vice Chair Carollo: -- supper clubs, nightclubs, and bars shall not be open during regular school hours. So we're -- we are deleting that because the Marlins are planning on having some day games? Mr. Min: Correct. And they are, from my understanding, planning on having certain types of supper clubs and/or nightclubs in the actual stadium, in addition to or around the stadium. Vice Chair Carollo: Okay. I'll listen to my colleagues. I -- right off the start -- I feel okay with it because there's no schools, you know, in the surrounding areas for at least 2, 000 feet, so I feel okay with it, but I'll listen to my colleagues also. City ofMiami Page 26 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Commissioner Spence -Jones: Mr. -- Chair Gort: Okay, thank you. Commissioner Spence -Jones: Mr. Chairman, I definitely -- I support Commissioner Carollo in what he wants to have happen in his district. The only question I had -- because I know these charter schools are popping up all around town, andl think that you laid to rest that the issue -- there is a charter that's floating in the hemisphere, correct? Mr. Min: Previously there has been discussions of a charter school at the location, but as of today's date, nobody has applied. Commissioner Spence -Jones: Right. So whether or not it comes after we vote on that, that's not going to be an issue because this particular item would have passed, correct? Mr. Min: Correct. Commissioner Spence -Jones: Okay. So that was -- the first question I had was when it was communicated, there was just no school. Was there a charter school in the making, and it was. But at this point it's not happening so this won't become a problem later on. Mr. Min: Correct. Commissioner Spence -Jones: Okay, so that was one. The only other part of the discussion that I have -- andl see that we moved the item off the agenda, which I'm fine with, which was the Suffolk agreement, but it kind of ties into this whole thing. I did get a chance to look at all of the documentation and the paperwork, andl'm kind of alarmed with, you know, kind of -- you know, the backup documents that I'm seeing regarding it. And the only thing that I'd like to put on the record for this as we move forth on the -- on this particular agreement or these requirements is that we as a team -- andl'm saying to the management's office -- to our Manager's office that we really, really do our very best to outreach to make sure that whatever vendors or retailers or whoever goes into these spaces that it really reflects the entire City, making sure the vendors and the businesses that that happens. And I'm just concerned when we spend so much public money and we're not seeing that reflected in every aspect of what we do, you know. So I'm just going to make sure that I put that on the record. My office will work closely along with you guys. And who's over Public Facilities or who's going to be handling the leasing of the space, I'm asking that you guys please do your very best to make sure that there is inclusion. Alice Bravo (Assistant City Manager/Chief of Infrastructure): Commissioner, we will. Commissioner Spence -Jones: Okay. Mr. Min: IfI could just add one point just to address, I believe, a concern that's being expressed. There still is language in the code that requires a distance separation requirement for any school that may exist prior to any new alcohol establishments that come in. So even though they may be able to operate during school hours, they still have to comply with the distance separation requirementfrom the school. Vice Chair Carollo: I'm sorry. Can you repeat that again? Mr. Min: In subsection -- at the very beginning, under 4-11, it states that all distance separation requirements are being relaxed, except for the distance separation requirementfrom schools. So any new -- assuming this legislation passes, any new alcohol establishment that would come in in the Orange Bowl District would still nevertheless have to comply with any distance separation requirementfrom a school. So it's the City's -- the Administration's position that the interest of City ofMiami Page 27 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 children, which will be protected because these establishments will not be anywhere near any schools. Vice Chair Carollo: But before -- 'cause I know recently I received some type of e-mail (electronic) with a school or so forth, but there's no hard evidence, there's no backup information and -- Mr. Min: Correct. Vice Chair Carollo: I just don't know how decisions are made with no hard information. But anyways, with that said, should there be any talk of school or so forth, I think it should come back to at least the district Commissioner, 'cause one of the reasons that I'm relaxed with this is because there is no schools in that area for at least 2, 000 feet. And what could happen is -- first of all, it's obvious that I think public safety is primary. And at the same time, you know, we're going to be entering in leases with various retail organizations that will have -- selling beer or, you know, alcohol or so forth; and should in the future the lease expire, let's say five-year lease or ten -years, whatever it will be, expires, you know, should there be a school, then we may get in a jam where we can't have another retail come in because they won't be grandfathered in and so forth. So there's issues. What I'm saying is that there's issues. Right now I'm okay with it because there's no schools, you know, within 2, 000 feet. But should any of this change, whether a school is planning on being there or not, I think we would have to discuss it very carefully. Mr. Min: Yes, sir. Vice Chair Carollo: Thank you. Commissioner Spence -Jones: I just -- just real -- I'm sorry, Mr. Chairman. Just -- Chair Gort: Go ahead. Commissioner Spence -Jones: -- for one second. Madam City Manager, could you also provide me --? Who actually -- who's actually handling the outreach efforts for the vendors and the businesses going in? Ms. Bravo: Well, at -- Commissioner Spence -Jones: Is that something that -- are we handling the retail? Ms. Bravo: Yes. We engaged with a broker, a leasing agent, Terra Nova, who's handling the leasing of the spaces, and they're marketing broadly within the local community and also across the country. We're considering restaurants and chains that service other cities. Commissioner Spence -Jones: How many bays -- how many units are there? I'm just curious. Ms. Bravo: There's a total of approximately 50,000 square feet to be leased, and it could be broken up in a number of different bays. So the discussions we've had so far are to attract businesses that'll add a 24-hour day/7-day flavor to the district so it's not just successful during game days, but something that will cultivate a presence there year-round and generate revenue for the City. Commissioner Spence -Jones: All right. Definitely, we would like to make sure that we -- our office works along with you guys to at least -- Vice Chair Carollo: Mr. Chairman. City ofMiami Page 28 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Commissioner Spence -Jones: -- make sure there's inclusion. Chair Gort: Yes, sir. Vice Chair Carollo: Thank you. And I know I've stated this in the past, and Commissioner Spence -Jones wasn't here so I -- you know, I want to repeat some of this so -- you know, for her benefit and the benefit of all of us because we all work together as a team, andl really do believe that, andl think have demonstrated that in my tenure here in the Commission. What -- the Administration has been looking at is how to revitalize that area. And yes -- and again, Commissioner, you know I wasn't here for the Marlins' vote. I didn't take a position for or against. I actually inherit what the prior Commission voted for. And what I've tried to do is do the best with what -- the task that, you know, I've been handed, make sure that there is local participation, make sure that the goals that were set with regards to jobs are happening, make sure that they are within budget, to make sure that we will finish on time. With that said, at the same time, I looking as an opportunity to revitalize that area or do the best we can to revitalize that area. Because as you know, I don't have a CRA (Community Redevelopment Agency) in my area, andl'm looking at this a little bit like a CRA to be able to, you know, revitalize that area, get the correct retail in there, and maximize City funds, maximize funding for the City, which, in all fairness, look, I would admit -- andl really didn't want to go this way and so forth, but will admit, you know, I've been asking with regards to funding numbers, and when I say funding numbers, the numbers that we will be receiving from parking revenues -- what are expenses, debt services, and so forth. And one of the reasons I kept saying, hey, we need an additional CF -- or we need a new CFO (Chief Financial Officer). We need financial -- and you know what. If you don't want to call it a CFO; you want to call it some other financial people, listen, the bottom line is we need expertise in the financial area, andl'm seeing it more and more. Just recently I've been told as far as additional commitments that we may have to have or that we have with regards to funding, that our revenues that we will be receiving from the parking garages, which means that it may not be -- I'll use the word that was thrown around yesterday so much -- as rosy as we first thought, which realistically, we're talking now and the Administration's talking now, Commissioner, I think if we break even, we're doing fine. In other words, that it doesn't cost the general fund anything. So you know, I'm constantly grappling with this. At the same time, I know instability's a bad word around here. I know I can't say instability. But I'm constantly, you know, grappling with instability, you know. You don't know how much the so-called team from the Administration and myself have changed from City Managers to, you know, Madeline Valdes now, you know, changing or leaving and we have a new facility manager, which, in all fairness -- or Facility [sic] director -- Public Facility [sic] director -- I'm not even really sure who now from Public Facility [sic] is going to be heading this, so there's -- you know, there's a lot of instability there. You know, Larry Springs [sic] left, our CFO, where -- you know, and regardless whether you liked him or not and so forth, he was knowledgeable with regards to the numbers there, and we're losing a lot of that. Ed Marquez, another person that was not, you know, from us. The County absorbed him or, you know, gave him an opportunity so he left. He was one of the financial advisors. So right off the top of my head, look how many names I have mentioned that has changed with regards to, you know, the team we had for all this. So it's -- it has been come -- it has become difficult. I'm doing the best that I can with it. But I'm trying to look at it as, you know, a CRA for that area, andl'm not saying a CRA, but I'm saying it with regards to sort of put it in perspective, like I'm trying to use it where there's an opportunity to revitalize that area. We get the correct retails, retails that normally will not have gone into that area because they just wouldn't. So I want a mix -- so don't get me wrong. I want a mix of good retail, but want to maximize revenue for the City ofMiami, and at the same time, I want to work towards revitalizing that whole area. Commissioner Spence -Jones: And let me just add, just be very clear on my side, Commissioner Carollo. I fully understand exactly what you need to have happen for that area. As a matter of fact, that was one of the reasons why I supported it in the end because I know that Little Havana, they needed that to stimulate the economy and stimulate the area, so that's not even -- ever a City ofMiami Page 29 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 question for me. So whatever I can do to support your, you know, efforts 'cause you don't have a CRA -- but hopefully through the stadium you will be able to generate the revenue and businesses coming in. My concern always is when we promise something and we put stuff on record, sitting up here, you know, we talk about making sure that there is a diversity, we talk about making sure that there's local participation -- and I'm saying local businesses or local people -- when I start seeing addresses that are like 180th Street and, you know, down south and other areas when I know people are struggling right here in the City ofMiami, you know, and it's -- to me it's painful to hear that. And then when you ask the Administration -- and not taking anything away from them because they got a million and one other things going on and they just can't seem to balance a lot of this stuff. That's the reason why I say, well, we need to have an independent monitor handling mega, mega projects because you can't do everything. And you know, as a former City employee, I try my best not to be harsh with them because I understand that they're juggling a million and one things. But if you can't do it, say you can't do it. But the people should not suffer because we don't have the ability or the capacity to handle the job. And honestly, when I finally did get a copy of you know, the list of local individuals that worked on, you know, the actual garage -- andl know you said you went through it andl know you drilled down like I did -- like I do, you know, but for me when I start seeing -- I know the addresses in my district. District 5, I know the addresses. There's no street in District 5 that's a 90th Street. There's no 90th Street, period. So when you give me a list, you need to make sure that it's correct and right. And when I see that that's -- you're giving me a listing of all of the individuals that -- you claim came from our district, I see the addresses aren't correct, then there's something very wrong that's happening in the Administration. And as far as I'm concerned, any mega project -- I can't talk about what happened the two years that I was done, but the two years that I remain, any mega project, whether or not it be, you know, at Museum Park, anything that we put public money into, we have to do what it takes to make sure our residents and our small businesses get support first. If we don't do it, nobody else will. So I'm just saying to you, it's not -- I take nothing away from what you're doing. I support it 100 percent. I'm sure you agree with me that you want to see as many of your residents participating on these projects, and I'm just saying the same thing when it comes to the retail. You know, your comment just now. I'm asking who from Public Facilities is working on this, andl understand that we have, you know, Terra Nova doing the retail, but who from Public Facilities is making sure Terra Nova is doing what it takes to make sure we're attracting these kind of businesses to actually go in there? Do we have an answer on that? Chair Gort: Yes. Vice Chair Carollo: And before she answers, I do want to say that Madeline Valdes was heading it, and she also had Jamil working on it. Ms. Bravo: Correct. Vice Chair Carollo: So I'm hoping there's some continuality, continuation with Jamil there. I'm not sure if he's the one who's going to be appointed or not. I'm hoping he is. But I know Madeline Valdes, from the start, when we got together, was the point person from Public Facilities. And yes, Jamil did start coming, so I'm hoping it's him, but I have not gotten that assurance. And as far as the information that you received, I want to take a look at it also, because I'm not sure if what you've seen is different from what I've seen or how it's changed. And I'll be fair -- I'll -- you know, listen, you're not going to get any problems with me as far as transparency, and I'll put it out there. There's two sides to this. There's a Marlins stadium and there's a parking garage, so it's actually two parts. Commissioner Spence -Jones: Oh, I agree. And what was looking at is what we spent our money on, the actual items, Suffolk's agreement, what we were asking for -- andl -- again, I have concerns about that just in general, but just -- let's look at what I asked for in the last meeting, andl asked give me a listing of everybody that actual work. Show me backup documentation City ofMiami Page 30 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 because I want to see that. When you show me -- okay, Commissioner, District 5, these all the people that came from District 5, andl see 90th Street, 170th Street, that's not my district, not even the City ofMiami. So if you can't get me -- get a list to me properly, how can I trust everything else that you're giving me in this document? And that's all I'm saying. Because when I go to the grocery store or I go to the Laundromat or wherever I go in my district and I have people tapping me on my shoulders saying, I need a job, I need to take care of my family, you know, I stood in line trying to get a job, whatever it is, andl can't even respond to them. You know, that's -- to me that's not what we were elected to do, period. So I have one voice to vote for the people that elected me. I'm going to do my best to make sure that see people represented, that it reflects -- every project that we put our money in, it reflects the districts that we serve, and that's just being fair. Mayor Tomas Regalado: Can I -- Chair Gort: Thank you. Vice Chair Carollo: And Commissioner, let me tell you something. In all fairness, ifI request information, which -- I have not seen what they gave you, what they provided -- I asked for an explanation, hey, has Commissioner Spence -Jones received what she asked for and so forth. I was told yes. I was told that they met with your chief of staff, and then they were trying to meet with you again yesterday at 4: 30 but they couldn't. Andl would imagine it's because of the special Commission meeting and so forth. But anyways, I was told that, yes. Now, in all fairness, ifI ask for some information and they give it to me and they represent this is the information you asked for and this is your district andl -- you know, I'm a former auditor. I'm a former investigator. I pretty much -- andl think the Administrator have seen -- I pretty much check or do a little sample of everything. I see that the information is wrong, I'd be saying exactly what you're saying and I'd be, you know -- again, soI understand exactly where you're going from -- Commissioner Spence -Jones: And that's why I -- Vice Chair Carollo: Andl agree with you, yes. Commissioner Spence -Jones: -- and that's --I'm sorry, Mr. Chairman. And Mr. Mayor, I'm sorry for -- I will yield to you, but -- and that's the reason why the item is being pulled today. Vice Chair Carollo: I -- Commissioner Spence -Jones: -- because clearly, I would have had a serious issue with what was seeing today. And honestly, I think any mega project that we spend public money in, if we can't audit it, we need to get an independent auditor to go in there and make sure that they have met the requirements and especially on the stadium because I fought very hard for making sure that if they did not meet the requirements, that they would have to pay into a fund for any penalties associated with them not meeting their objectives. I know they didn't meet them. I don't care what kind of list you gave me; I know they didn't meet them. Andl know if we audit them, we will find out that they didn't meet them, and then that's fine if they didn't meet them. But if they didn't meet them, they need to pay the money into the fund to make sure our parks, our small businesses get the support because that's what we put in the agreement. I'm willing to bet you that they did not meet the -- their requirements. Vice Chair Carollo: And when you say they, do you mean the Marlins and Marlins stadium or do you mean the parking garages in the City through Suffolk? Commissioner Spence -Jones: I'm saying both of them. Because I made sure -- before I left, I made sure as a part of that overall agreement that if they did not meet whatever requirements -- City ofMiami Page 31 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 and we all voted on -- Marc was sitting up here and the Mayor was sitting up here -- we all voted on making sure that if you don't meet those requirements, you have to pay into this penalty fund, and I'm willing to bet you that they did not. If you show me -- ifI got this list yesterday andl saw the list andl saw the addresses, I might have had -- out of the 4 or 500 people on there, maybe 2 people from my district. That's shameful. Vice Chair Carollo: Again, I'm not sure what list you were provided. I'm not sure -- again, it seems like it was from the garage. From my understanding, the goals were for City ofMiami and for Dade County. The goals were not individual districts. That's my understanding. Commissioner Spence -Jones: Let's be clear. Andl think this is a even longer discussion, so I think the most important thing is to get the information, and once you get the information -- I'll give you a copy of my documents so you have it. Chair Gort: Let me -- Commissioner Spence -Jones: But it's not about whether or not it's my district. Chair Gort: -- make a suggestion. What I'm going to make sure that staff get all the information necessary so you can get back and give it to all of us. And also at the same time, if it was a contract -- I was not part of that contract. If there's a penalty, hey, welcome to the penalty. Mr. Mayor. Let me recognize Mr. Mayor. Vice Chair Carollo: And -- Mayor Regalado: Thank you. Vice Chair Carollo: -- just to follow up on one last thing -- and by the way, Commissioner Spence -Jones, I've -- I spoke to the people, the Marlins, after I heard your speech, your swearing in speech, and let them know, you know what, start getting the information together even before she asks. I want to make sure you start having the information, this and that, to see exactly what we have and to present it and so forth. Commissioner Spence -Jones: Thank you so much. Vice Chair Carollo: So you know -- and again, it's two part. One is the stadium and -- Commissioner Spence -Jones: I'm clear. Vice Chair Carollo: -- I'm being fair because right now all you've been speaking about was the parking garage. But I'm going to that other step as good faith and say, okay, there's another step to that that's also the stadium. So you know -- and like I said, they should have, you know, the information soon, if they don't have it already. And with all this budget and -- you know what we've dealt with in the last two weeks. Commissioner Spence -Jones: Yeah. Vice Chair Carollo: Obviously, everything's taken a backseat. So once -- you know, hopefully tonight, tomorrow morning, we get through our budget, we could, you know, address those issues and make sure that you're comfortable. And I'll be honest with you. If the information is incorrect, then, yeah, I'm going to be right there with you saying, hey, this isn't right. But you know, again, let's see what we have first and then we'll take the next step. Commissioner Spence -Jones: No problem. Mr. Mayor. City ofMiami Page 32 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Chair Gort: Thank you. Mr. Mayor. Mayor Regalado: Well, thank you. Just wanted to add a little history because Commissioner Spence -Jones is right; it was voted as a package, the stadium and the parking garages. And think that there is a lot of misconceptions about the role of the City. Some people say that the role of the City is only with the garage. That's not true. Number one, the City gave away the land to the County. Vice Chair Carollo: And that's why I mentioned the stadium also. Mayor Regalado: Yeah. Vice Chair Carollo: That part. Mayor Regalado: Because you're saying that you look -- I mean, you implied that our sole responsibility are the garages. We have authority over the stadium. Number one, we gave -- Commissioner Spence -Jones: The land. Mayor Regalado: -- the land; number two, $50 million on general obligation bond approved by the voters ofMiami-Dade County for the renovation of the Orange Bowl for the City ofMiami, specifically approved by the voters, were used to build the stadium. We are paying as taxpayers those GOB (General Obligation Bond) bonds. Plus, remember, Commissioner -- you were here, you were here -- the $12 million for the infrastructure that came out of the 2001 bond issue paid by the residents of the City of Miami, so we do have a lot of leverage. And yes, Commissioner, we have not been fully informed about the stadium. I just want to say because Commissioner -- Vice Chairman was saying that we may break even and all that. I just want to remind the Commission and the people that when we got here in 2009, the price of the garage was $92 million. First thing we did as Mayor is we say, let's put it out to bid. Suffolk came down with the price for $75 million, so we didn't have to issue that many bonds. And by direction of this Commission, Manager Migoya and myself met with David Sampson to reopen the contract. And the only thing we wanted is for the City to get more of the share for the advertising in the garages. The contract said 50/50, 50 the Marlins, 50 the City ofMiami. And all we wanted was to increase that number, and Mr. Sampson said no. So we have tried to increase the revenue, but the only thing that we got going for us is that the price of the garages was much less than originally approved by the past Administration. So it is a citywide project. And you're right, business from the City should be welcome, and we should have some kind of leverage to put people to work because it's the understanding that when they open, they will bring their employees from Joe Robbie or Dolphin stadium to the Marlins stadium, so that's something of great concern for us, and it's going to happen in a few month. So I just wanted to put that in historical perspective. But the City has the right to demand because we have invested hundreds of millions of dollars in that project, although we don't control the City. Thank you. Chair Gort: Mr. Mayor, let me ask you a question. When we signed that agreement, we were supposed to receive what percentage of employees from the City ofMiami? Mayor Regalado: Well, remember, that -- and Michelle was the one -- Commissioner Spence -Jones was the one that had that caveat ordered. It was a percentage -- Vice Chair Carollo: Twenty percent. Mayor Regalado: Yeah, it was 20 percent from the City ofMiami and then the County had another percentage. Commissioner Spence -Jones: What I would like to do is to get -- right now I'm going through City ofMiami Page 33 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 the original Marlins contract. We're going through the key issues on that that I know that were really important. Again, this was two years ago for me, so I'm going through what I know that I, you know, held, you know, fast on, making sure that was in -- what was in there. So I don't really actually remember whether or not it was 20 percent. But what I do want to do is get the information so that I'm speaking factually. But I just -- I appreciate you, Mr. Mayor, getting up and clarifying some issues that we needed to be reminded of because sometimes we do forget that the land was our land and that the $50 million from the GOB was ours that we put in and just -- you know, I know that Commissioner Carollo has it basically under control and at least staying on top of them, but we just need to make sure that in the end because the stadium was a huge issue for all of us and the ones that were up here voting, you know, we have to carry it out all the way to the end, and we have to be responsible all the way to the end. Because at the end of the day, people look at us to say well, you did nothing to make sure -- insure that we got something out of it, you know, and it's just wrong. So at this point, I think that I'm just saying as we move on with any other major mega projects, if we don't -- if the developer cannot hire an outside monitor or there's somebody put in place to do that, to say are you meeting your objectives -- and objectives to me is I hired the person for three months, you know, from your district -- District 2I'm going to use for -- but at least I hired him, and then I fired him, you know, so what kind of consistency is that for anybody trying to raise their family. So there's key things that we must do when we're thinking about monies -- I'm not putting any monies in any projects unless I know for sure -- or land -- people are getting the work. And guess what, if that means me going out there myself looking on the site and counting and asking where are you from, it is my responsibility. That's what people elected me to do, and that's what we should all be doing to make sure our residents are included. So I think we're all on the same page and we're going to -- Chair Gort: We are. Commissioner Spence -Jones: -- we -- and it's that important. And l just know that we got a lot going on, so sometimes these things kind of slip through the crack. But I'm not going out there throwing no ball at the Marlins stadium and know that our people did not win out of this deal. Just not. Chair Gort: Ms. Bravo. Ms. Bravo: Commissioner, you're correct. The requirement is 20 percent, and Suffolk did hire an outside company to perform the monitoring services, and we internally periodically audit that finding, and we're now going again and auditing everything -from the beginning of the project to insure that they do in fact comply with all the requirements on that contract 'cause it is a very important aspect of the project, to provide jobs for the local community. And just as any organization, to address Commissioner Carollo's concerns, any organization that has qualified employees does experience periodic turnover of personnel. But I want to make sure to let everybody know that we've assigned the proper personnel in each area and we'll recruit additional personnel as necessary to ensure that the goals of the City and the commitments are carried out. In the case of Public Facilities, right now it's under the charge of interim director Dan Newhoff has many years of experience with the City. Mr. Jamil Fraser, assistant to the director, continues in his role; working on the leasing and the interlocal agreements, something that we've worked together as a team. And yes, we have been challenged with time lately, given all the occurrences at the City, but we continue to make sure that we stay on track with our goals, so I want to give everyone that we assurance. Vice Chair Carollo: Mr. Chairman. Chair Gort: Okay. Yes, sir. Vice Chair Carollo: Two or three things. First of all, I was very aware of the City giving up the land and that's why, in all fairness to my colleague, I said, Commissioner, there's two parts. It's City ofMiami Page 34 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 not just a parking garage; Marlins stadium also. So that's why, you know, good faith, I bring it up. Second thing, what have seen and experienced, there is turnover because -- at least with the stadium. I can't speak, you know, with regards to the parking garage. I haven't seen enough there, but at least with the stadium, there's so many things that are going on and you see how fast they're building it that, let's say, they need a company to do X'amount of work. They do the work. It's done. And that's it. There's no more of that type of work that needs to be done. So then, you know, another company does, in other words, a different type of plumbing, installation of the seats. Once the installation of the seats are done, that's it. You know, that person no longer works and that company no longer works and so forth. So there's a lot of turnover. Because as soon as that type of work gets done, okay, that's it. They move on and another company comes to do, I don't know, something else. And this is working simultaneously. And you know, as a colleague giving you, you know, maybe a suggestion, request a payroll register month by month. And if you have the pay roll month by month, you could see everybody that's working and you see who they're paying and so forth. So just as a little tip to my colleague. Commissioner Spence -Jones: Thank you -- Chair Gort: Thank you. Commissioner Spence -Jones: -- for that advice. Chair Gort: Let me tell you, I think there's two important things to understand. Construction takes X'amount of time and work. But you have your permanent employee that that's where we have to make sure that those permanent employees, they comply with the 20 or 30 percent that we provided. Permanent employees are the one that are going to be working all year round. Excuse me, Commissioner Sarnoff. I don't know if you want -- any statement. Okay. Commissioner Sarnoff. No. I was actually going to say something that might be even a little simpler than what Commissioner Carollo suggested. Instead of going with a pay roll record, ask for their -- it's called their C-9s, and it is the Worker's Compensation list they have to give to the Worker's Compensation carrier. That has to have the employee's name, address, telephone number, and those numbers and addresses cannot be temporary. They have to be permanent. So as lawyers, what we ordinarily do if we want to get where a person actually resides, we get what's called the list that they give to the Worker's Comp carrier. You know, I'm kind of amazed, you know, wherever we fell on this Marlins stadium, andl guess this -- I thought we were talking about distance requirements from -- andl had a good valid question for that; probably gone out of my mind right now. But wherever we ended up on the Marlins stadium -- and I certainly -- I didn't support it for different reasons. However, once -- and as I said it then -- and I think you were here -- I said it when I did the second vote, which was for the four fifths waiver because we were told that we didn't want cost overruns; that it would be the most mature vote of my life, and I think it cast it correctly, because a democratic process had taken -- gone forward, and three of the people sitting up here decided that that was where they wanted to go and how they wanted to spend the City money. You know, I agree that there are ways of making -- of getting what you want, andl think we need to be a little wiser, andl don't know that we have to give up on the Marlins stadium 'cause I think the wording was there andl think the intent certainly was there. But moving forward, I think we have to put hard thresholds. You know, not may, not aspirational -- I know you -- they used to use the word to you a lot: these are aspirational goals. You know, aspirations are nice things, but they're not legally required contractual terms. I think you could very readily put you must hire 20 percent from District 5 residents. Then comes the twist what is a resident, what is District 5. Well, District 5's well defined. But what you'll see happening oftentimes -- and I'm not suggesting this went on in the Marlins stadium -- you'll see a lot of joint venturing so that you can get a person who looks, feels, and acts like they're District 5, get a District 5 address, but you won't necessarily get District 5 employees. And think your point is to put as many people to work in all the various districts that you can. And you've certainly been hard pressed in District 5 for a longer number of years than in the rest of the district, certainly City ofMiami Page 35 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 my district. But as a result of this recession, everybody's hard pressed to find work. And if we're going to put public money from the City ofMiami or public land or provide the support services we've done to a scenario like the Marlins, I think it's completely appropriate to have the word Ihall'ln the contractual terms, not for race, creed, color, but you can put "shall" with regard to demo -- let me say it right -- with regard to districts in Miami 'cause that's color blind, that's race blind, that's, you know, national origin blind, andl think you'll get the result you're looking for. Commissioner Spence -Jones: And let me just add to you. We specifically did that. We did not do it based on race, based on particular districts. What we did it was based upon actually HUD zones. We identified zones that were the areas that were the most troubled areas, and some of those areas were Allapattah, some of those areas was Little Havana, some of those areas was West Grove. So I just don't want it to -- every time I bring up the subject matter, I don't want it to be I'm just simply saying it's, you know, for District 5 or for -- I'm just going to put it out there -- African Americans or Haitian Americans because, quite frankly, I have Dominicans, I have Puerto Ricans. I have a lot in my district. I'm just saying the citizens ofMiami, and I'm saying the individuals that have been identified from HUD, from, you know, the federal government as these are particular zones where you have the highest unemployment or you have the highest housing related issues. That -- we sat down and did all of that work to make sure that was in the overall agreements, andl did not do it based upon race, andl did not do it based upon districts. We did it based upon what the government -- what the federal government identified as the zones where they needed to target. Andl'm telling you, they did not meet it. Andl'm telling you in the end, if we audit it properly, they would have to pay into that penalty fund, and that would probably help us with a lot of the shortfalls that we have. Chair Gort: It will help. Okay. Any -- yes. Vice Chair Carollo: Mr. Chairman, one last thingl want to say. Madam Assistant City Attorney, can we have someone from our Financing team or our Financing group or -- Ms. Bravo: Finance Department. Vice Chair Carollo: -- Finance Department, Finance team come here now and state on the record whether from the parking revenues that we're going to allocate, are we going to meet our debt service and every other expense that we are contractually bounded by? And are we going to have leftover funding? In other words, are we going to be with revenues after that -- after all those obligations are met? Diana Gomez: Diana Gomez, Finance director. The revenues from the parking will for sure cover the debt. There are guaranteed parking revenues for the spaces, parking surcharge on those spaces, as well as CDT (Convention Development Tax) dollars that will cover the debt service without a question. On top of that, there is left -- that will generate enough leftover to also cover -- andl don't have the schedule in front of me, I apologize -- that will cover the CapEx, I believe it is, as well as some administration of the actual garage. And even after that, the projections do show some positive cash flow. Now this is not considering any additional revenue that we may get from advertising or leasing of the spaces or anything else. So yes, it will cover everything. Vice Chair Carollo: So what you're saying is from the parking revenues alone -- 'cause I just started hearing something differently as of a week ago -- we are going to generate enough revenues not only to cover our debt service and every other obligation that we may have in the contract, okay, but we're actually going to generate revenues from the parking revenues alone? Ms. Gomez: Not the parking revenues alone, but the three revenue sources that I explained. The parking revenues from the guaranteed spaces, the parking surcharge on those spaces, as well as the CDT monies that has been pledged to this. City ofMiami Page 36 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Vice Chair Carollo: Okay. So from these three sources we should have more revenues than expenses, correct, so we should actually be able to budget an amount for our general fund every year? And we're not talking retail. Retail aside. And like the Mayor said, the 50 percent of advertising, that aside. We're talking just these three sources for the parking garages. Ms. Bravo: We also -- Vice Chair Carollo: I'm sor -- yes, for the parking garage. Ms. Bravo: We would also have to consider the operating cost of the garage and operating the parking operation itself. Vice Chair Carollo: Well, have we considered that? And that's why I said all expenses that we will have to take into consideration or by contractual have to pay. Ms. Gomez: Again, the amounts -- the three revenues sources that I did explain will cover the debt as well as some of the operating costs. Vice Chair Carollo: Are there any other contractual binding expenses that we have to pay? Ms. Gomez: There is a $250, 000 annual contribution to the actual stadium for capital, which we are also factoring into this analysis to make sure that there's enough -- that it'll come from this revenue as well. Vice Chair Carollo: And you're taking that into consideration? Ms. Gomez: We are. Vice Chair Carollo: Okay. So after that $250, 000 additional every year, you're saying that we're going to have revenues left over? Ms. Gomez: I do not have that schedule, because that 250 is something that's fairly new that we learned of. So -- Vice Chair Carollo: When you say fairly new that you learned of when did you learn about this? Ms. Gomez: I learned about it a couple of weeks ago. Vice Chair Carollo: A couple of weeks ago. How long have we been with this Marlins contract and so forth? Because it goes exactly to what said months ago when I had every meet, including the Manager, assistant City Manager, all of us, andl saidl was concerned about, you know, our financial team and the calculation of the numbers and so forth. And if you're telling me we only learned -- $250, 000 a year is lot of money. So if we just only learned about this, you know, a couple of weeks ago, a week ago, whatever you said, you know, I'm concerned. And it goes back to what I'm saying: We need to strengthen our financial team. Chair Gort: Ms. Bravo. Ms. Bravo: That is a clause in the agreement with the Marlins, and there are other operational expenses for the garages, insurance, et cetera. So as we pull all that together, along with lease revenues that we have yet to identify since we don't have our leases signed, all of that will come together to generate -- City ofMiami Page 37 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Vice Chair Carollo: Right, right, right. Ms. Bravo: -- the overall picture for the parking garages. Vice Chair Carollo: I'm sorry, Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: But let's not comingle the issue. I'm not talking retail. Retail aside. Ms. Bravo: Correct. Vice Chair Carollo: You just started mentioning retail. Let's not comingle. We're talking, you know, from these three sources for the parking garage. Ms. Bravo: And the 250,000 itself is a contribution towards the stadium. Vice Chair Carollo: I understand. Chair Gort: Let me ask a question. My understanding is we have debt service that have to be paid and operation of the garage. The $250, 000 that came up, that is not part of the garage or that's part of retail? Ms. Bravo: It's a contribution to the stadium. Chair Gort: It's a contribution of the whole. So in other words, the retail will go into there also. Vice Chair Carollo: But my question is, Commissioner Gort, just so we're clear -- we just learned about this $250, 000 a year recently. Two hundred and fifty thousand dollars a year, you would admit, or at least I think we could all agree to, that's a lot of money for us to learn about it just a week or two ago. I think, you know, it's not prudent; or at least the way financially we're operating, it's not very good. And in all fairness, that's why -- that's one of the reasons why I did not feel comfortable budgeting any amount of revenues, you know, for the Marlins stadium or the retail until we actual have the amounts and so forth. And you know, I just want to make sure that from these three sources we're going to cover all of our expenses without touching retail, without touching the retail part. And know you have a -- I know -- it appears like you have the schedule. Please, you know, let me know and educate us, because it seems like you know, the information changes, you know, biweekly. Chair Gort: Okay. Let me ask you a question. Just put all your facts together, all the numbers together and bring them to all of us, and let us know where we stand and all the numbers and all your projections, all right. And then we'll -- this is one item we'll bring back. Commissioner Sarnoff. Mr. Manager. Chair Gort: Right now let's address this issue that we have here. Yes, sir. Commissioner Sarnoff. Mr. Chair, why don't we table this till the end of the Commission meeting so they can tell us exactly all of the all ins and then make a projection based on the three funding sources that were described to the Vice Chairman whether there would still be positive cash flow. Chair Gort: Right. Commissioner Sarnoff. They'll be on the record. They'll -- give them an hour to come up with City ofMiami Page 38 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 this. They should be able to read a contract within an hour. They should be able to do their projections within an hour. I know this has nothing to do with this particular vote because -- Vice Chair Carollo: Exactly, Mr. Chairman. Commissioner Sarnoff. -- as Mr. Min is probably sitting there going -- Chair Gort: Okay. That's why I wanted to -- Commissioner Sarnoff. -- has this thing been taken away from me. But you know what? Let it come back to us as a package in an hour, hour and a half, two hours, whatever it is you guys need, so that you can say definitively and clearly to the Vice Chair, yes, Commissioner, based on CDT, the $11.07, ifI remember correctly, that the Marlins are agreed to pay for 82 games based on whatever other factor you have, all the operating of the garage, CapEx, including keeping it staffed, will be met with those three funding sources. Chair Gort: I think -- Vice Chair Carollo: And in all -- Chair Gort: -- we can still vote on this. It's second reading. I mean, we don't have -- I don't believe we have any problem discussing -- the discussion we had in the second reading on this item. Vice Chair Carollo: And in all -- Chair Gort: Want to table the whole thing? Commissioner Sarnoff. Well, I think they should be able to come back to us -- Chair Gort: Okay. Commissioner Sarnoff. -- in an hour's time with an answer. Chair Gort: We'll table them and come back. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I just don't want to hijack this item for -- Commissioner Sarnoff. I agree. Vice Chair Carollo: -- this information because it's really -- although it pertains to Marlins stadium and in all fairness, the retail too -- you know, our garages are included with this -- I don't want to hijack this item for the information that I just asked. I have to admit, in all fairness, I think they should have the answers already. I mean, them having to calculate and all this now, I think it goes to what I'm saying, you know. Commissioner Sarnoff. And that's why I'm suggesting give them an hour, let them get themselves together, and they can come back to us and say, Commissioner, we didn't consider this, or we just needed to look at these four contract provisions. This is what we have. Here's what -- maybe they'll even create a spreadsheet. City ofMiami Page 39 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Chair Gort: I mean, at the same time -- Commissioner Spence -Jones: But we've already voted on this particular item. Chair Gort: No, we haven't. Vice Chair Carollo: No, we haven't. We had a motion -- Chair Gort: We haven't vote on the item. We got a motion and a second, but now they're -- Ms. Bravo: Can I -- Vice Chair Carollo: So -- Chair Gort: -- the maker of the motion's got -- Vice Chair Carollo: And Mr. Chairman. Ms. Bravo: Can make a suggestion to the Chairman? Chair Gort: Yes. Ms. Bravo: At the next Commission meeting we do have the Suffolk item that we deferred from today with regard to the parking garages. There are elements of the operating costs that are -- will be addressed in the interlocal agreement that we have yet to execute with the Parking Authority, so we could come back as part of the October 13 and present all the information and the operating costs. Commissioner Sarnoff.. There's a reason I don't want to do that. I want to disprove the Vice Chair, respectfully. I want to give you an hour's time to come back to this Commission and say we got it. We don't have it. I -- you know, it's the worst -- Ms. Bravo: And that's fine. And we can come back and present the numbers that we have. Chair Gort: Okay. Commissioner Sarnoff.. Andl suspect you can. Ms. Bravo: Yes. Commissioner Sarnoff.. I suspect you're just a little bit under the gun. You haven't -- you didn't expect this. I just want to see in an hour's time what you can come up with. Ms. Bravo: We'll do that. Chair Gort: Thank you. Commissioner Spence -Jones: Thank you. Mr. Min: Thank you. Vice Chair Carollo: Can we -- can they come back -- Chair Gort: We'll come back in an hour. City ofMiami Page 40 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Vice Chair Carollo: -- in an hour's time, but -- Chair Gort: Yes. Vice Chair Carollo: -- still vote on this? Commissioner Sarnoff. We'll be able to vote on this. Chair Gort: Yes. Commissioner Sarnoff. We'll vote on this. I'm not here to -- Vice Chair Carollo: Right. Commissioner Sarnoff. -- hi -- Commissioner Spence -Jones: We'll just take -- Commissioner Sarnoff. -- I just -- Chair Gort: Defer it. Commissioner Sarnoff. -- it's a good placeholder. That's all it is. Chair Gort: Okay. Vice Chair Carollo: All in favor. Can we --? Chair Gort: We'll table it. You need a motion to table. Do you? Priscilla A. Thompson (City Clerk): No. Vice Chair Carollo: No. There's a motion and a second. Chair Gort: No. Commissioner Sarnoff. It's just tabled. Chair Gort: Just tabled. Ms. Thompson: Just tabled. Chair Gort: It'll come back. Ms. Thompson: It's just tabled. Chair Gort: Just tabled. Be coming back. [Later..] Chair Gort: See you all -- Commissioner Spence -Jones: What time, Mr. Chairman, are we back? Chair Gort: -- back at 3 o'clock? City ofMiami Page 41 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Vice Chair Carollo: Whoa, whoa, whoa. Hold on, hold on, hold on, hold on. It's been more than an hour. I want to hear from our Finance director only because we have Ms. Marrero here that's been here the whole meeting andl know she represents one of the parties, so I want to make sure that, you know, we don't prolong this and, you know -- Commissioner Spence -Jones: Who does she represent though? Vice Chair Carollo: Maybe she could come up. Commissioner Spence -Jones: What's the party? Ines Marrero-Prieguez: Yes. Good morning, Mr. Chairman, members of the Commission. My name is Ines Marrero. I'm an attorney with offices at 701 Brickell Avenue, and l represent the Florida Marlins in all of their land use approvals. And one of them pertains to the alcoholic beverage uses, and we've been working with the City to create the Orange Bowl special district to allow all the restaurants and all the different entertainment venues and the parking garages, as well as in the ballpark, to facilitate the permitting. Commissioner Spence -Jones: Are you prepared, Diana? Ms. Gomez: I am. Commissioner Spence -Jones: Okay. Ms. Gomez: Diana Gomez, Finance director. When we were talking about the guaranteed revenues for the debt service, I just want to, I guess, clam and make sure we're -- everybody's on the same page. There's guaranteed CDT (Convention Development Tax) dollars, which is a set amount, and guaranteed bulk sale revenue for the parking spaces. Those are guaranteed amounts, and those two amounts alone will cover -- fully cover the debt service and then some. On top of that, we have the parking surcharge, which is an assumed amount because it assumes that they sell those spots at 15 to $20 each spot and therefore we'll get 15 percent parking surcharge, and then 80 percent of that, whatever we collect, is going to be pledged to this. So with those assumptions, that's additional revenues that are considered -- what we consider pledged revenues for this debt. Those amounts will cover debt service. Then it will also cover some additional OM, operating and maintenance, expenses that were assumed amounts that were put into this -- our cash flow schedule. In this cash flow schedule, we also have assumed earnings that we're going to earn on a debt service reserve. This bond issuance had an $11.8 million debt service reserve that we had to put that money aside in order to, you know -- it sits in reserve until the last payment. We assume that we're going to earn some money on that $11 million, and so that goes as a plus to this schedule. Unfortunately, rates are not very good today and so for 2012, we're not going to make what we assumed at this time for 2012. Don't know what's going to happen in '13, '14 or so forth. So that has to be adjusted. And again, it was an assumed rate. With the game day operating expenses, the capital -- CapEx contributions and the admin expenses that were given to us at the time of this, we come to a break-even -- pretty much a break-even point for these expenses based on this schedule. So will the debt be covered? Yes. Debt is covered a hundred percent. So I don't know if there's -- Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: Okay. So just to ver -- because a few months ago we were under the impression that we will be generating in the first year, 2012, I think it was one point something million and if you have -- you have that schedule. City ofMiami Page 42 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Ms. Gomez: I have a schedule. I don't have the latest schedule so -- I have a schedule that is -- that will suffice. Vice Chair Carollo: And that had, I think in 2012, 1.3 million or so forth. Ms. Gomez: Of what, I'm sorry? Vice Chair Carollo: Of revenues over all expenditures. Ms. Gomez: No. Vice Chair Carollo: No? Ms. Gomez: No. I don't know of that schedule. The schedule that have is showing about $400, 000, butt know it's off a little bit and it's off essentially because of the interest earnings that we're not expected to get at least for 2012. Vice Chair Carollo: Okay. So you know, I'll even give you that. But the bottom line is -- andl just want for the record -- because I just -- and really -- I'm not trying to put anyone on the spot. What I really want is clarity, where are we because every two weeks it changes. Every two weeks it changes. And in all fairness, I told, you know, our committee of administrators and so forth -- Mr. Manager, you were there -- andl showed the concerns. Hey, listen, financially, we need to get a good grip on this. I want to make sure we know exactly where we are, and it seems to change every couple of weeks. I'll be honest with you. I had former City Manager Migoya, you know, outright ask me, Commissioner, how come you're not including X'amount of revenues in your budgeted -- in your budget this year. And said, Carlos, I'm not comfortable. I am not comfortable, you know. And sure as heck, as time progressed, I'm proven right 'cause now you're -- we're looking at a break-even amount. And again, this is not counting anything with the retail because what was starting to hint, we may need to produce revenues from the retail to cover the parking garages and so forth. And now -- I just want it for the record -- you're looking at the parking garages to break even. And that's not the debt service. I understand the debt service will be cover, but that's debt service and all the other contractual or binding documents that we may have of expenses that we're going to have to pay out. Ms. Gomez: The schedule that was prepared in issuing the bonds, I mean, it's based -- there are some assumptions. And unfortunately, we do not have all the information at the time that the assumptions are being made. They're made with the best information available. So for instance, the interest earnings, which we're not going to realize, there's no way to know that. So we don't have -- you know, we have to factor that in every year what we're actually going to get. The $250, 000 contribution to the stadium was part of the overall agreement and it was approved then by this Commission -- or a -- the Commission -- Vice Chair Carollo: Right. Ms. Gomez: -- at the time and it was part of that. That amount does not kick in until 2013, fiscal year 2013. Hopefully, interest will do better and then we can cover that with these revenues. That is not in this schedule. The only thing that is in this schedule are -- is the debt service and the game day operating expense, the capital contribution to the actual garage, as well as the administrative expenses. And because of the interest that we're not earning, that's why we're now at a break even. We had about $400, 000 surplus or $300, 000 surplus, but because the interest is not going to come in as we're going to see it, I see -- the best that I can tell you right now is that we're going to break even for 2012. Vice Chair Carollo: And Mr. Chairman. City ofMiami Page 43 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Chair Gort: Yes. Vice Chair Carollo: And I'm glad we're discussing this. And as my, you know, fellow colleagues always know, I welcome discussion. I just want to know what the facts are and so forth because, as you mentioned, just a weeks ago, you learned about the $250, 000 contribution to the stadium. I learned about it a couple of days ago. Again, I'm usually pretty thorough reading contracts and so forth, butt have to admit, you know, that's a pretty thick contract andl don't have all the time in the world to read through every little, you know, line item and so forth. So even as you're saying that, you know, we were -- interest aside, you know, we thought we were going to have X' amount of interest and so forth. As of a week ago, I can say we pretty much thought that we were going to have either $400, 000 of net revenue, for lack of better words, or -- for lack of better words, net revenue. And realistically, that amount clearly has changed just as of a week ago, not to mention the interest rate. So those $250, 000 have been there all this time. For us not to know that or take that into consideration when it's pretty straightforward in the contract, I think, you know, it really shows that we're not really on top of exactly what's going on. I mean, it's an amount that has been in the contract. It's nothing -- this isn't about the economy and the interest rate's fluctuation. It's an amount that has -- was not considered and was in the contract. So you know, it does, it raises concerns thatl have, andl just wanted to know for the record what the City's position was as of today, which it appears that it is we will break even with the parking garages because I was already getting hinted at that, hey, we may need some of the revenues from the retail to cover the parking garages. Ms. Gomez: The $250, 000 capital -- contribution to the stadium, it was separate from this. This cash flow analysis was solely for the parking garages. And so that's, I believe, why it was -- that 250 was not included in this analysis because it has nothing to do with the actual garages. It's a separate obligation towards the stadium that starts in 2012. Vice Chair Carollo: But where are we going to pay those $250, 000 from? The general fund? Exactly my point, exactly my point, exactly my point. Chair Gort: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. I just have two quick questions/points. One of them is could we all be given a copy of the pro forma that's been created. I don't believe I've seen this document or has it been e-mailed (electronic) to me? I get a lot of e-mails every day, so it's possible that it was andl haven't looked at it. But I don't believe I've received a copy of it. And if we could get it either on a monthly basis or as assumptions change. Obviously, all of -- any pro forma statement has a multitude of different assumptions. So as you're learning that an assumption's going to change, whatever that assumption may be, if we can get a copy of it right away so we know, you know, real time, you know, what kind of impact it's going to have on the City. The second question is, CDT revenue you said was a component of the bond payments, correct? Ms. Gomez: CDT revenue that we're going to receive on this is going to pay the debt, yes. Commissioner Suarez: Right. Chair Gort: It's a pledge for debt service. Ms. Gomez: It's reserved -- Chair Gort: Pledged for debt service. Ms. Gomez: -- pledged for debt service in full. City ofMiami Page 44 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Commissioner Suarez: And my understanding is that CDT revenue has been performing better than anticipated and expected since the deal was done. That's my understanding because I happen to -- Ms. Gomez: Yeah. Commissioner Suarez: -- sit on the Greater Miami Chamber of Commerce board or -- Visitors and Conventions Bureau board, I'm sorry, andl know that our tourist numbers, at least what -- the information that I've been given -- and I missed the last meeting so I don't know what the most updated information is, but that they're up year over year. So has that been reflected in the Ms. Gomez: The CDTs that has been pledged to this is a set amount, a set schedule. We're not getting any more from the County. It is a negotiated amount that we're getting for this deal. Commissioner Suarez: So so long as we receive that set amount, they keep whatever additional revenues are generated? Commissioner Sarnoff. No, no, no. Under -- CDT revenue is achieved by the County. Commissioner Suarez: Right. Commissioner Sarnoff. The County is -- Commissioner Suarez: Passed through. Commissioner Sarnoff. -- never -- right -- they have never given the cities access to that money. Ms. Gomez: Right. Commissioner Sarnoff. What they do is they spend it in the city. Ms. Gomez: Yes. Commissioner Sarnoff. So what they decided to do was pledge -- allow the City to pledge that set amount to be spent on the Marlins stadium. Ms. Gomez: Correct. Commissioner Suarez: Got it. Commissioner Sarnoff. But we've never had control of our own C -- it's always been an issue with the City and the County. We've never had control of where the County Commissioners wish to spend the CDT revenue stream -- Commissioner Suarez: Because we generate the majority -- Commissioner Sarnoff. -- in the City ofMiami. Commissioner Suarez: -- of the CDT revenue. Commissioner Sarnoff. It's generated in the City. Commissioner Suarez: Yeah. City ofMiami Page 45 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Chair Gort: Yes. Commissioner Suarez: I would say the vast majority is generated in the City. Commissioner Sarnoff. Oh, I -- Commissioner Suarez: Yeah. Commissioner Sarnoff. -- don't even think CDT -- Commissioner Suarez: Exists outside -- Commissioner Sarnoff. -- exists -- Commissioner Suarez: -- of Commissioner Sarnoff. -- on the Beach. I don't think it does. One of them doesn't; either TDT (Tourist Development Tax) or CDT does not exist on the Beach. Mayor Regalado: Can I just -- Chair Gort: Yes. Mayor Regalado: -- a historical. Commissioner Sarnoff. Oh, I know you know. Mayor Regalado: That money used to come to the City to pay -- to (UNINTELLIGIBLE) the bonds of the Miami Arena. When the Miami Arena was sold and the bonds were paid, the County Commission took over the CD [sic] money that the City was getting directly. But under ordinance, they said that it had to be spent within the municipality of the City ofMiami. That's why they diverted everything to the Marlins Stadium. But we -- and Commissioner Suarez is right. It's much better. It's doing much better now, although still that ordinance is in place and those monies have to be spent within the City ofMiami. We might want to do research with the County, with our County Commissioners because that money has to be spent within the City of Miami if they have more. Commissioner Suarez: And it may be building up the reserve on the actual Marlins debt. Mayor Regalado: Marlin [sic] debt, yes. Commissioner Suarez: So that may be where they're putting it. I don't -- I'm not sure. He may know. Mayor Regalado: Or the Arsht Center. Commissioner Suarez: Right, or the -- right. Mayor Regalado: Because remember, we keep paying the Omni CRA (Community Redevelopment Agency) -- Commissioner Sarnoff. I think -- right. I think the Arsht Center gets $6 million of CDT money. It gets obviously the CRA money, and there's one other funding source it gets. Mayor Regalado: Right. City ofMiami Page 46 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Chair Gort: Okay. What I would like to see is the report that were requested by Commissioner Suarez. I'd like to see that come in, but also the projections in all the facilities and all the revenues can be derived from the Miami Marlins stadium. Alice Bravo (Assistant City Manager/Chief of Infrastructure): Correct. Chair Gort: Also like to get a report on the retail part, the agency that we hired, how many conversations we've had, and what's their projections on their side too. Ms. Bravo: Okay. Chair Gort: From Public Facilities, I'd like to see the projection of that. Ms. Bravo: Yes. Alice Bravo, assistant City Manager. And the pro forma that Ms Gomez was referring to was the pro forma that was put together when the bonds were issued for the project Chair Gort: For issue of the bond. Ms. Bravo: -- so we're in the midst of updating all those numbers. Chair Gort: Thank you. Vice Chair Carollo: Mr. Chairman. Chair Gort: Commissioner, yes. Vice Chair Carollo: Yeah, but since the bonds been issued to now has been quite a few months and we should know where we're at and that was my -- that's my point. We should know where we're at. We should know where -- because as of a few weeks ago, we thought that, you know, we were going to be -- we were going to have a positive net revenue from the parking garage and we're seeing that that's not so. Ms. Bravo: Well, we had not proposed for the fiscal year '12 budget any revenue from that purpose -- Vice Chair Carollo: Well, I wouldn't be in agree [sic] with. Ms. Bravo: -- until any of this was finalized, until we have the interlocal agreement with the MPA (Miami Parking Authority) for operating the garages. Until all of that's finalized, we were not going to propose revenue for that in the budget. Vice Chair Carollo: Right. And as I mentioned from before, I was not in agreement with putting any revenues whatsoever for this budget. And let me be clear. My intent with this is really to know what the numbers are, as always, to find explanations, to see where we're at so, you know, up here we can make, you know, educated decisions. And if we need to hire someone else -- I don't want to say the word CFO (Chief Financial Officer), but -- or so forth, the bottom line is, I want to make sure that we're clear on the numbers, that we're clear on our figures, we're clear on revenues, estimates. That is very important. That's one of the main things when an organization's being audited is whether the, you know, estimates are reasonable and that's all thatl'm requesting. That's all thatl'm requesting. Thank you. Chair Gort: Thank you. See y'all at 3. City ofMiami Page 47 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Ms. Bravo: Well -- Ms. Thompson: Excuse me. Ms. Bravo: -- would it be turned over to Mr. Bin -- Min? Commissioner Sarnoff. Oh, we got to do the vote. Vice Chair Carollo: We got to vote. Ms. Bravo: Barnaby. Mr. Min: Please. Ms. Thompson: IfI might -- Mr. Min: It is SR.2. Ms. Thompson: -- Chair. Chair Gort: It's an ordinance, yes. Ms. Thompson: Okay. If I might, you haven't had your public hearing yet, so you have to open and close your public hearing. Chair Gort: Okay, it's open to the public. Anyone that want to discuss the Miami Marlins bond? Okey-doke. Being -- showing none -- Ms. Thompson: And you already have a mover of Vice Chair Carollo, seconder, Commissioner Spence -Jones on your second reading ordinance. Chair Gort: Correct. Read it. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-0. Vice Chair Carollo: Thank you. Do we -- motion to adjourn? Commissioner Sarnoff. No. We're in recess because we have one -- Chair Gort: We recess 'til 3 o'clock. Commissioner Sarnoff. -- we have a PZ (Planning & Zoning), right? Vice Chair Carollo: That's right, a PZ. Ms. Thompson: Correct. PZ is -- Vice Chair Carollo: My mistake. City ofMiami Page 48 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Ms. Thompson: -- advertised for 2. Vice Chair Carollo: My mistake. Commissioner Spence -Jones: So we come back at 3, right? Vice Chair Carollo: Back at 3. Ms. Thompson: Thank you. END OF ORDINANCES - SECOND READINGS ORDINANCE - FIRST READING FR.1 ORDINANCE First Reading 11-00799 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Facilities 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "PARKS AND RECREATION/IN GENERAL", MORE PARTICULARLY BY RESCINDING IN ITS ENTIRETY, SECTION 38-8, ENTITLED "USE OF MANUELARTIME COMMUNITY CENTER"; FURTHER AMENDING CHAPTER 53 OF THE CITY CODE, ENTITLED "STADIUMS AND CONVENTIONS", BY CREATING A NEW ARTICLE V, ENTITLED "MANUELARTIME COMMUNITY CENTER', AUTHORIZING THE ADJUSTMENT OF VARIOUS RENTAL FEES FOR USE OF THE MANUELARTIME COMMUNITY CENTER; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00799 Summary Form.pdf 11-00799 Manuel Artime Fee Analysis.pdf 11-00799 Legislation.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 Commissioner Spence -Jones: Okay, we're moving -- FR.1, is that what we're doing next? Chair Gort: FR.1. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I requested a deferral on this. Commissioner Spence -Jones: On this item? Vice Chair Carollo: Yes. Vice Chair Carollo: It's -- Manuel Artime is in District 3. Andl wasn't aware that this was going to be coming up. Obviously I saw it in the agenda, andl have not had a chance to review the numbers. City ofMiami Page 49 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 RE.1 11-00800 Department of Capital Improvements Program RE.2 11-00801 Chair Gort: Okay. You want to defer this to when? Vice Chair Carollo: Yes. Let's continue it to the same like meeting. Chair Gort: Continue this to next meeting. Vice Chair Carollo: Continue it to the same like meeting. Priscilla A. Thompson (City Clerk): October 27. Vice Chair Carollo: A continuance. Yeah. Chair Gort: Okay, there's a motion by Vice Chairman Carollo, second by Commissioner Spence -Jones. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. END OF FIRST READING ORDINANCE RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCALAGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY FOR THE PROVISION OF PUBLIC TRANSPORTATION SERVICES WITH SAID SERVICES TO BE PROVIDED BY THE CITY OF MIAMI THROUGH A PROFESSIONAL SERVICES AGREEMENT WITH AN OPERATOR, SUBJECT TO CITY COMMISSION APPROVALATA FUTURE MEETING; PROVIDING FOR THE IMPLEMENTATION, OPERATION, AND MAINTENANCE OF THE MIAMI TROLLEY SYSTEM. 11-00800 Summary Form.pdf 11-00800 Legislation (Version 2) 10-27-11.pdf 11-00800 Exhibit 1.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, 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 Department of Capital Improvements Program RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S LIST OF EXPEDITED PROJECTS, PURSUANT TO ORDINANCE NO. 13045, ADOPTED DECEMBER 11, 2008, BY REPLACING THE CURRENT "ATTACHMENT A," WITH "ATTACHMENT A- 9/27/11 REVISED," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF INCLUDING UPCOMING CAPITAL IMPROVEMENT SOLICITATIONS AND PROJECTS. City ofMiami Page 50 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 11-00801 Summary Form.pdf 11-00801 Pre-Legislations.pdf 11-00801 Legislation.pdf 11-00801 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chairman Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Suarez Note for the Record: Item RE.2 was deferred to the Commission Meeting scheduled for October 13, 2011. Chair Gort: RE.1. Commissioner Spence -Jones: I thought that we were removing -- Albert Sosa (Director, Capitallmprovements): RE.1 is deferred. Priscilla A. Thompson (City Clerk): Yes. Commissioner Spence -Jones: It's deferred. Chair Gort: Deferred. Vice Chair Carollo: Deferred. Chair Gort: RE.2. Commissioner Spence -Jones: And RE.2, I honestly have -- Mr. Chairman, I also have a issue with this item. I haven't really had an opportunity to delve in it as much as I would like. Andl do have some issues with transparency on this item, so I would like to defer that one as well. Vice Chair Carollo: Second. Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Vice Chair Carollo: And -- Chair Gort: Let me go back. Vice Chair Carollo: -- when you request a deferral, to what Commission meeting? Commissioner Spence -Jones: If we can do it maybe -- 'cause we have some many deferrals already happening, andl don't want the deferrals to, you know, overtake the next couple of meetings. So I would have to ask staff what is -- is there anything pressing before the end of October, before the second meeting in October? Mr. Sosa: Albert Sosa, director of Capital Improvements. This item contains -- it's basically a required update to the expedite ordinance. We're required to do this on a periodic basis. Commissioner Spence -Jones: Okay. City ofMiami Page 51 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Mr. Sosa: This update, specifically what it does is it includes three additions to expedited projects. Expedited projects means that it authorizes the City Manager to execute the contract. Commissioner Spence -Jones: See, that's the part got a problem with, that part right there, the City Manager having the sole right to, you know, expedite something without us knowing who he's and what he's expediting and whether or not the individuals that we're expediting with understand the importance of us sitting on the board and what we feel is important to our residents. Mr. Sosa: Correct. Commissioner Spence -Jones: So that's the concern I have with it. So I don't want to vote on it today until have clarity from the City Manager that's the case. Mr. Sosa: Right. And ifI may, the three specific items that are being added, just so that can discuss those and understand the concerns so we can come back with those. The first one is actually the Hyatt building in downtown. It's a partner item with Public Facilities. The chiller plant there is in need of being upgraded. We have a requirement with the Hyatt that leases the facility to perform these capital improvements. And there's a Department of Energy grant for this upgrade to the chillers. All of those are time sensitive, and that's the reason that we've chosen to include that in the expedite ordinance. Alice Bravo (Assistant City Manager/Chief of Infrastructure): And, Commissioner, these projects are advertised competitively and procured and posted through the cone of silence, et cetera. Commissioner Spence -Jones: I understand. Ms. Bravo: Andl understand your concerns. But in this case we have a particular obligation and a particular deadline with the grant funds -- Commissioner Spence -Jones: I understand. Ms. Bravo: -- to be used. Commissioner Spence -Jones: I totally understand. I totally -- Ms. Bravo: And without that, we have no other way of meeting our commitments to the Hyatt. Commissioner Spence -Jones: -- I understand. So I don't have it coming to the next City Commission meeting, but I have a serious problem with the City Manager having the sole right to just decide who gets contracts, how, and all of that, expediting them and all. We -- when I was here two years, we never did. Every agreement came in front of this City Commission for us to vote on. Ms. Bravo: Well, this ordinance, I think passed -- Mr. Sosa: It was adopted December 11, 2008. Ms. Bravo: -- 2008. And basically because of the economic conditions and then hopes of stimulating the economy, it was foreseen and approved that in order to get work out on the street more quickly, that competitive procurements would forego the one step of coming here for the award. Commissioner Spence -Jones: I'm just uncomfortable with voting on this, so do we have a City ofMiami Page 52 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 problem with waiting until the next City Commission meeting? Ms. Bravo: The 13th. Mr. Sosa: No. That's -- Ms. Bravo: Is that fine? Mr. Sosa: -- fine. Commissioner Spence -Jones: Thank you. Chair Gort: My understanding, the -- make sure you sit down with the Commission [sic] and give all the information necessary so she can understand the process, okay. There's a motion to defer to -- Commissioner Spence -Jones: Second. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Priscilla A. Thompson (City Clerk): You've already -- Vice Chair Carollo: Yeah, we already voted on it. Ms. Thompson: Yes. Vice Chair Carollo: It was just -- Ms. Thompson: Looking for a date. Vice Chair Carollo: -- deferred to what meeting. That's to the very next Commission meeting. Chair Gort: Continue -- Vice Chair Carollo: Yes. So we already voted on it, on the deferral. Chair Gort: Will this meeting be next, October 13. Commissioner Spence -Jones: Yes, sir. Chair Gort: For October 13, okay. Vice Chair Carollo: Um -hum. RE.3 RESOLUTION 11-00802 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING THE Purchasing AWARD TO MCINTYRE MAINTENANCE, INC., PURSUANT TO INVITATION FOR BID NO. 247232; AWARDING THE BID TO BCLS LANDSCAPING, INC., THE NEXT LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR GROUNDS MAINTENANCE SERVICES CITYWIDE, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW City ofMiami Page 53 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 FOR TWO (2) ADDITIONAL, ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 11-00802 Summary Form.pdf 11-00802 Award Sheet.pdf 11-00802 Letters - Grounds Maintenance Svcs.pdf 11-00802 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Suarez RE.4 11-00837 Department of Capital Improvements Program R-11-0378 Chair Gort: RE.3. Kenneth Robertson (Director): Good morning, Commissioners. Kenneth Robertson, Purchasing Department. RE.3 is a resolution rescinding the award to McIntyre Maintenance and awarding to BCLS Landscaping Group, the next lowest responsive and responsible bidder, for groups one, two, and three only, pursuant to invitation for bid number 247232 for grounds maintenance services citywide, for an initial contract period of two years with the options to renew for two additional one-year periods. Commissioner Spence -Jones: So moved. Vice Chair Carollo: Second. Chair Gort: It's been moved by Commissioner Spence -Jones, second by Vice Chairman Carollo. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Robertson: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS EMERGENCY FINDINGS THAT IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTIONS 18-85(a) AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING AN INCREASE, IN AN AMOUNT NOT TO EXCEED $87,500, TO THE GRANT AGREEMENT ("AGREEMENT") BETWEEN THE CITY AND ACTION COMMUNITY CENTER, INC., FOR PRE -ARRANGED TRANSPORTATION SERVICES FOR LOW TO MODERATE INCOME ELDERLY OR DISABLED MIAMI RESIDENTS; FURTHER AUTHORIZING A THREE (3) MONTH EXTENSION TO THE AGREEMENT FROM SEPTEMBER 30, 2011 TO City ofMiami Page 54 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 DECEMBER 31, 2011, OR UNTIL THE PENDING PROTEST IS RESOLVED AND A NOTICE TO PROCEED IS ISSUED FOR THE SUBSEQUENT CONTRACT, WHICHEVER OCCURS FIRST; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 1 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSES; ALLOCATING FUNDS FROM THE CITY'S SHARE OF THE TRANSIT SURTAX. 11-00837 Summary Form.pdf 11-00837 Pre-Legislation.pdf 11-00837 Legislation.pdf 11-00837-Exhibit-S U B. pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0379 Chair Gort: RE.4. Priscilla A. Thompson (City Clerk): That requires a four fifth vote. Chair Gort: Four fifth, okay. [Later..] Chair Gort: RE.7's out. Unidentified Speaker: RE.4. Ms. Thompson: RE.7 was deferred. Chair Gort: Deferred. Ms. Thompson: We do have four individuals on the dais if you want to go back, RE.4. Chair Gort: RE.4. Albert Sosa: Albert Sosa, director of Capital Improvements. RE.4 is related to a contract extension. Before I begin to explain the item, I do want to point out a small discrepancy in the backup to be clear for the record. The agenda item summary form describes the amendment as three months and $87,500. The actual legislation, the resolution, describes it as three months and $87, 500. However, the actual attachment of the contract amendment that was included in your package lists a different number. It lists six months and a different dollar amount for the -- To be consistent, we want to be clear that all of the different items included in this package shall read three months and $87, 500. So that's -- I just wanted to state that for the record, and we'll be providing the City Clerk's office with that amendment -- with the adden -- with the corrected amendment, okay. This item is a request for approval by a four fifths vote of the Commission allowing the City Manager to execute an amendment to a contract with Accion Community Center. The reason for the four fifths waiver -- or vote, excuse me, is because the original contract award that was done last September was also done by a four fifths bid waiver. So the only way to physically extend the contract or amend the contract is again through a four fifths majority. The services provided under this contract by Accion are prearranged transportation services for low- to moderate -income elderly and disabled Miami residents. This resolution City ofMiami Page 55 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 authorizes a three-month extension to the amendment from September 30, 2011 to December 31, 2011 and authorizes the City Manager to execute this amendment. Basically, we went out for a competitive procurement for this item back in late spring of this year, and we are currently in a bid protest on that bid, which our Procurement Department is in the process of bringing to resolution. We expect to have that resolution sometime in October. That being said, the current contract expires on September 30, and in order to avoid not being able to provide service to those that are needy within the community, we want to extend the existing contract with the existing vendor, Accion, for the three months and the $87, 500. The amendment does say that as soon as the protest is resolved and a notice to proceed is issued on the new contract, that this -- we -- basically that this extension would be -- terminated is not the right word, but basic -- I guess terminated for convenience at that point is the language that's included in there. Chair Gort: Thank you. Commissioner Suarez: Mr. Chairman, ifI may. Chair Gort: Yes. Commissioner Suarez: I think the language that you're alluding to is whatever occurs first. If the protest is disposed of not in favor of this -- of the protestor. Mr. Sosa: Either way that it would be resolved, assuming it's resolved in favor of the protestor or -- Commissioner Suarez: Right. Mr. Sosa: -- resolved in favor of the person who was -- Commissioner Suarez: Recommended by the Manager. Mr. Sosa: -- recommended by the panel. Whichever way it's resolved, this extension -- and a notice to proceed is issued on that new contract -- would basically only last until that time. That's the whereas how it's written, that said extension is for three months or until the pending protest is resolved and a notice to proceed is issued for the subsequent contract. Commissioner Suarez: And I'm assuming that regardless of whether the protest succeeds or fails, it has to come before the Commission for a new contract, correct? Mr. Sosa: That is correct. Chair Gort: Yes. Mr. Sosa: Regardless of the outcome of the protest, the new contract comes before the Commission for approval. Commissioner Suarez: Thank you. Chair Gort: Any further discussion? Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: Question, why three months if you are -- you believe we'll have resolution in, I don't know, I guess a couple of weeks? City ofMiami Page 56 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Mr. Sosa: It depends on how the resolution -- there's a potential, depending on which route that goes, that the party that filed the protest may opt to come before the Commission; and getting that scheduled and onto the agenda, we wanted to have sufficient time frame within the extension to allow for, you know, that flexibility to allow that process to play out. We do expect it to be resolved in October. However, once that is resolved, we need to execute the subsequent contract -- not execute it. We need to bring the subsequent contract for approval to the Commission, get that executed. We estimate that'll take somewhere between 30 and 60 days. We're providing 90 days to -- for any eventuality, but we do include the language that basically this extension is for three months or until the notice to proceed is issued to the subsequent contract. So if we resolve it more expeditiously, this would cease to exist. Alice Bravo (Assistant City Manager/Chief of Infrastructure): And additionally, the -- whoever is selected, if it's not the existing firm, may need a couple of weeks to ramp up so we have provisions for that as well. Vice Chair Carollo: So what you're saying is that it's not going to be concluded at the administrative level. What you're saying is that you're foreseeing it coming to the City Commission and having the City Commission be the ones to either override the suggestion of management or be the one who -- Mr. Sosa: I can't speak for the party that filed the protest. I know that our Procurement Department is finalizing their response to the protest. Depending on how that plays out and depending on the protestor's -- the resolution to it, if it's against the protestor, the protestor may choose to, in lieu of accepting the administrative decision, come in before this Commission. Vice Chair Carollo: Gotcha. Thank you. Chair Gort: Okay. Any further discussion? Commissioner Suarez: I'll move it. Chair Gort: Being none -- moved by -- it was moved already, right? You made the motion. Vice Chair Carollo: No. It wasn't moved. Chair Gort: Moved by -- Vice Chair Carollo: And I'll second it. Chair Gort: -- Commissioner Suarez. Vice Chair Carollo: And the reason why we're doing this is so there's no services that -- Commissioner Suarez: Are discontinued. Vice Chair Carollo: -- yeah, are discontinued, and that's the reason why we're doing it, correct? Mr. Sosa: That's correct. Commissioner Suarez: And let me just put -- ifI may, Mr. Chairman, just one more claming -- Chair Gort: Well, let me -- Moved by Commissioner Suarez, second by Commissioner -- Vice Chairman Carollo. Yes, Commissioner Suarez. City ofMiami Page 57 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Commissioner Suarez: Just a clarifying point, just for the record's -- for clarity on the record's sake. The protest was filed timely. It was filed appropriately. The appropriate procedures were followed. Mr. Sosa: Yes. Commissioner Suarez: Okay. Ms. Sosa: That's correct. Everything with the protest was appropriate -- Commissioner Suarez: Okay. Mr. Sosa: -- in the filing of it. Commissioner Suarez: Okay. Chair Gort: Okay, any further discussion? Being none, all in --? Yes, ma'am. Ms. Thompson: I do apologize. Wanting to make sure that I'm recording this information correct. Mr. Sosa did make a statement on the record regarding some modifications. In checking our backup, I want to make sure that -- Commissioner Suarez: As modified. Ms. Thompson: Yes, because the attachment is that. So it is going to be -- Commissioner Suarez: Move as modified. Ms. Thompson: -- with modifications. Commissioner Suarez: Yes. Chair Gort: As modified. Ms. Thompson: Thank you. Chair Gort: Yes. Commissioner Suarez: As both modifications. Ms. Thompson: Yes. Thank you. Commissioner Suarez: As to time and as to that additional provision which states that if you 're -- Mr. Sosa: Correct. Commissioner Suarez: Right. Mr. Sosa: Basically, the amendment will now read to be consistent with the other documents that the amend -- it's an amendment in the amount not to exceed $87, 500 for a period of three months, from September 30, 2011 through December 31, 2011, or until the pending protest is resolved and a notice to proceed is issued for the subsequent contract, whichever occurs first. Commissioner Suarez: Yeah. Andl think it's important that last little bit, whichever occurs first, 'cause that answers the question I think the Vice Chairman had about this potentially extending City ofMiami Page 58 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 beyond the three months. Vice Chair Carollo: Right, exactly. Especially, you know, from his statement that he said that, you know, he foresee this to be some conclusion in -- sometime in October. So I'm saying, well, why are we extending it for three months. And you know, so I guess that answers the question. And another thing, what was the reason for the protest? Andl don't know much about the whole thing, other than it went to bid and, you know, there's a protest and so forth. Mr. Sosa: The protest listed a number of items. It was a very lengthy protest. I -- and I'm speaking from memory -- believe it was 11 separate items that they protested on. Our Procurement Department is preparing a response to those items, and it'll be ready probably in the next week or two, I believe. Commissioner Suarez: I'm assuming we get a copy of that response as well, right? That's without -- outside of the cone of silence -- Mr. Sosa: It is -- Commissioner Suarez: -- at this point. Mr. Sosa: -- currently outside the cone of silence. I believe two district offices have requested the protest; yours being one of them, and it has been provided to your office. Commissioner Suarez: Thank you. Chair Gort: Okay. Vice Chair Carollo: And you will provide that to all the offices? Mr. Sosa: Absolutely. Vice Chair Carollo: Thank you. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. RE.5 RESOLUTION 11-00817 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TRANSFERRING THE MANAGEMENT AND POSSESSION OF RESIDENTIAL AND COMMERCIAL PROPERTY LEASED TO THE OLYMPIA BUILDING PARTNERS, LTD., BACK TO THE CITY OF MIAMI; MAINTAINING THE RESIDENTIAL PROPERTY AS AFFORDABLE HOUSING AT LEAST THROUGH MAY 5, 2015; TRANSFERRING ANY OPERATING CASH IN DEFENDANTS POSSESSION LESS $15,000 FOR ITS FINAL FINANCIAL AUDIT; CONTINUING DEFENDANTS PAYMENTS ON COMMUNITY DEVELOPMENT LOANS UNTIL SUCH TIME AS THE TRANSFER OF POSSESSION TAKES PLACE; TRANSFERRING OR CANCELING ALL SERVICE CONTRACTS UPON REVIEW OF THE DEPARTMENT OF PUBLIC FACILITIES, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST OLYMPIA BUILDING PARTNERS LTD., IN City ofMiami Page 59 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 THE CASE OF CITY OF MIAMI VS. OLYMPIA BUILDING PARTNERSHIP, LTD., IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 03-28667-CA-27. 11-00817 Memo - Office of the City Attorney.pdf 11-00817 Legislation (Version 2) 10/13/11.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Suarez Note for the Record: Item RE.5 was deferred to the Commission Meeting scheduled for October 13, 2011. Chair Gort: RE.5. Commissioner Spence -Jones: RE.5 is -- Vice Chair Carollo: It's been deferred. Commissioner Spence -Jones: -- deferred. Vice Chair Carollo: RE. 6. Chair Gort: Deferred. RE.6. Vice Chair Carollo: Madam City Attorney [sic]. Priscilla A. Thompson (City Clerk): No, no, no. I'm sorry. On my list for the REs (Resolutions), I show RE.1, but not 5. It was originally RE.1 and RE.7. Chair Gort: RE.7 and RE.5 also. Vice Chair Carollo: Okay. Chair Gort: We made a motion. Vice Chair Carollo: That's okay. I make a motion to defer RE.5. Ms. Thompson: Thank you. Chair Gort: Okay. Commissioner Spence -Jones: Second. Chair Gort: There's a motion by Vice Chairman Carollo, second by Commissioner Spence -Jones. Any further discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. Ms. Thompson: Do we have a date since you said deferred? Vice Chair Carollo: Let's do -- City ofMiami Page 60 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 RE.6 11-00853 Office of the City Attorney Chair Gort: The 13th. Vice Chair Carollo: The 13th you prefer? Chair Gort: Yes. Vice Chair Carollo: I was going to do the 27th. Thirteenth? Okay, the 13th. Ms. Thompson: Thank you. 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 THE REPRESENTATION OF MIGUEL EXPOSITO IN THE CASE OF JOHNNIE BROWN VS. RAY BLANCO, ETAL., PENDING IN THE MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO.: 11-14727 CA 08; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 11-00853 Memo - Office of the City Attorney.pdf 11-00853 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-11-0377 Chair Gort: RE.6. Julie O. Bru (City Attorney): Mr. Chair, RE.6 is a request for authority to pay outside attorneys' fees to the law firm of Oscar Marrero. This is a case wherein Chief -- former Chief Exposito is being sued along with another police officer in the City ofMiami in connection with an arrest that took place. We were representing the Chief but in light of everything that's happened and the prospect of potentially having a conflict if the Chief decides to seek certain remedies against the City for the action taken, I think it's wise to withdraw from representing the Chief obtain outside counsel for him. He's agreed to allow us to withdraw and we would substitute Oscar Marrero for the representation. Chair Gort: Okay. Commissioner Sarnoff.. So move. Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second? Vice Chair Carollo: Second for discussion. Chair Gort: Second by Vice Chairman Carollo. Vice Chair Carollo: Thank you, Mr. -- Chair Gort: Discussion. City ofMiami Page 61 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Vice Chair Carollo: -- Chairman. Madam City Attorney, could you elaborate a little bit more. Ms. Bru: As it is right now, the former Chief of Police is a named defendant in two lawsuits. One of them stems from an allegation against the Chief that he engaged in certain conduct that led to some injury as a result of some statements made in a television show. And that one I previously came to the Commission and obtained outside counsel because of the potential threat at the time of a conflict because of the fact that the Mayor was implicated in the allegations. This one was a case that involves an arrest. It was a high profile arrest. The arrest concluded in a nolle pros. The individual that was arrested suffered some damages as a consequence of the arrest, and the Chief is being sued in his individual capacity. Under normal circumstances, we would represent the Chief. However, in light of the circumstances surrounding the Chief's separation from the City, I think that it's economically wise for me to withdraw from representing the Chief because there is a likelihood of a conflict in the future andl think it's in the best interest to withdraw and allow my office to not have a conflict should we have to litigate anything with the Chief in the future. I mean, I'm not telling you that I can 100 percent anticipate that there's a lawsuit coming, but you know, there's been a threat of a lawsuit by the Chief. So to be able to preempt any conflict that would arise which would then necessitate us hiring outside counsel to represent the City, which would be a more -- in my opinion would be more costly and I'd rather represent you than represent the Chief and that's why I'm seeking to withdraw the representation and hire outside counsel. Chair Gort: Okay, further discussion? Vice Chair Carollo: Yes, Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: In a lawsuit where -- or potential lawsuit where our former Chief would be suing the City, would we -- or what's the probability of us hiring outside counsel anyways? Ms. Bru: No, I would not. I mean -- Vice Chair Carollo: You would not. Ms. Bru: I would not. You know, conceivably, any kind of claim that he may have would entail some sort of breach of contract, I don't know, first amendment. I mean -- Vice Chair Carollo: Gotcha. Ms. Bru: -- there's so many threats out there that, you know, the list is endless, but I would rather be representing the City and the Commission and the officers than representing the Chief in that situation. That's why I'd like to withdraw. Again, this is a highly unusual circumstance. We represent police officers all the time. As a matter of fact, I'm glad to report to you that yesterday we represented an individual police officer in a jury trial in front of Judge King and we got a verdict for the defense, for the police officer. In that case -- Chair Gort: Good. Ms. Bru: -- we had successfully litigated all the claims out of the case and the only thing remaining was a civil rights action against the individual officer. We went to trial on it and got a defense verdict. So this is something that we do all the time. It saves the City a lot of money. We don't have to go out all the time and hire outside counsel for individual officers. So it's a good policy. Again, I make you aware of the fact that under the law we don't have to represent the Chief. You know, he can go out and get his own attorney and pay for his own attorney and then come back and request a reimbursement if he is successful. But as a matter of past practices and City ofMiami Page 62 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 RE.7 11-00751 Department of Capital Improvements Program policies, we have always extended the representation to the police officers, andl recommend that we continue to do that. I think it's a more cost-effective way of handling these claims. Chair Gort: Thank you. Any further discussion? Commissioner Sarnoff.. Just curious. Who got the defense verdict yesterday? What lawyer? Ms. Bru: Christopher Green. And I'm sorry, I should have mentioned his name. He's doing very well. He's turning out to be an excellent litigator. Chair Gort: Great. Commissioner Sarnoff.. And he was in federal court (UNINTET,T IGIBT ,F). Ms. Bru: Judge King. Commissioner Sarnoff.. Right. Ms. Bru: And he wasn't in a very good mood because he wanted us to settle the case. Chair Gort: That's good. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, 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 Commissioner Spence -Jones, 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 RE.7 was deferred to the Commission Meeting scheduled for October 13, 2011. City ofMiami Page 63 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 END OF RESOLUTIONS PART B: PLANNING AND ZONING ITEMS PZ.1 ORDINANCE 11-00585zt First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, ENTITLED "STANDARDS AND TABLES", TO CLARIFY LANGUAGE FOR PARKING REDUCTIONS, TO CORRECT LANGUAGE AND CROSS REFERENCES, AND TO UPDATE THE REFERENCE DIAGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00585zt CC 10-27-11 SR Fact Sheet.pdf 11-00585zt PZAB Reso & CC Legislation (Ver. 2) with Exhibits.pdf LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD (PZAB): Recommends approval with a modification* to City Commission on July 6, 2011 by a vote of 7-0. *See PZAB Resolution. PURPOSE: This will allow minor and non -substantial changes to Article 4 of the Miami 21 Code to clarify language, remove irrelevant references and correct cross-references, and update diagrams previously approved by the City Commission. Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Noes: 1 - Commissioner(s) Spence -Jones Absent: 1 - Commissioner(s) Carollo Chair Gort: Good afternoon. Welcome to the PZ (Planning & Zoning) agenda. Do you want to swear in anybody who wants to testify? Maria J. Chiaro (Deputy City Attorney): This is a legislative item, Mr. Chair, so you don't need to swear in -- Chair Gort: So no public hearing. Ms. Chiaro: -- anyone. Chair Gort: Okay. Ms. Chiaro: We need the Planning director. Oh, there he is. City ofMiami Page 64 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Priscilla A. Thompson (City Clerk): Yes. Chair, we don't -- it is an item that's coming from Administration. There's no swearing in, but it will be a public hearing, if I'm not mistaken. There will be a public -- you know, opening a public hearing and closing. Chair Gort: Right. Ms. Thompson: Thank you. Chair Gort: I'm sure we'll have some -- you're welcome to come and speak on behalf of PZ.1. Francisco Garcia (Director, Planning): Thank you. Good afternoon, Mr. Chair and Commissioners. Item PZ.1 is an ordinance amending Miami 21. I will present it to you simply as a non -substantive amendment. This is simply to clam a number of scrivener's errors or clam language that was previously misleading. I can assure you that none of the language that was here has been interpreted in any other way nor are we introducing new content whatsoever. The changes that we are proposing to you today -- the corrections, I should call them, that we are proposing to you today are simply to make it clear how to apply the parking reductions for transportation -oriented development areas or TODs, and also to clarify in the L or Limited designation, zoning designations where a mixed -use component can be placed. Also, I should clam that the PZAB (Planning, Zoning and Appeals Board) upon voting favorably for this item or recommending favorably on this item made a request that for the tables that you see at the end of this proposal -- and these tables are the ones that refer to frontages. I'm referring to Article 4 Table 6 andl am referring to Article 4 Table 7 for civic space types. These tables contain references to specific transects where these different types apply. And although we had thought that it might clam or clear it up to actually remove the references to the transects, they requested that they remain in place. So we will do that. We will correct them because right now they are in error, some of them. We will correct them and leave them in place. We think that that makes sense as well. Andl think that's all have by way of presentation. I will certainly answer any questions you may have. Commissioner Suarez: Move it. Chair Gort: Thank you. Commissioner Sarnoff. Second. Chair Gort: It's been moved by Commissioner Suarez, second by Commissioner Sarnoff. Any discussion? Commissioner Spence -Jones: Francisco, you know thatl basically spoke to staff and l just have an issue all the way around with key issues in Miami 21. So my vote today is not on any, you know, thing that you're necessarily bringing. It's just my concerns with key things that I know that happened within my district that have a concern about. So I just wanted to make sure you knew that. Mr. Garcia: Thank you. Chair Gort: Any further discussion? Ms. Thompson: Public hearing. Chair Gort: Public hearing's open. Anyone would like to address PZ.1 ? None show. Further discussion? Being none, all in favor, state it by saying iiye. " Ms. Thompson: It's a first -- City ofMiami Page 65 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 M.1 11-00245 Ms. Chiaro: It is an ordinance. Ms. Thompson: -- reading -- Chair Gort: Oh, an ordinance. Read it. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Roll call. Commissioner Spence -Jones? Commissioner Spence -Jones: No. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff. Yes. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Thompson: Chair Gort? Chair Gort: Yes. Ms. Thompson: The ordinance has been passed on first reading, 3-1. Chair Gort: Okey-doke. Thank you. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO ORDINANCE First Reading (4/5THS VOTE) AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED", MORE PARTICULARLY BY CREATING A NEW DIVISION 8, ENTITLED " TEMPORARY VACANT STOREFRONT WINDOW SIGN PILOT PROGRAM" TO DEFINE TEMPORARY VACANT STOREFRONT WINDOW SIGNS AND TO CREATE A PILOT PROGRAM ALLOWING TEMPORARY VACANT STOREFRONT WINDOW SIGNS IN CERTAIN TRANSECT ZONES; PROVIDING FORA SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. 11-00245 Legislation (Version 6) 09-27-11.pdf City ofMiami Page 66 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Motion by Vice Chairman Carollo, seconded by Commissioner Sarnoff, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez Chair Gort: Mr. Mayor, you're recognized. Mayor Tomas Regalado: Thank you, Mr. Chairman. I just want to ask to table the citywide item, M.1, for the future. Not for the next meeting, but we need -- Johnny Martinez (Assistant City Manager/Chief of Infrastructure): Defer. Mayor Regalado: -- some times [sic] to have more analysis, so it will be indefinitely. And that is on the citywide issue. Chair Gort: Okay. Mayor Regalado: M.1. Chair Gort: And that's the -- Vice Chair Carollo: I (UNINTELLIGIBLE) -- Chair Gort: -- what's the item again? Mayor Regalado: I'm sorry? Commissioner Sarnoff. M.1. Chair Gort: M.1. Mayor Regalado: M.1. Chair Gort: Okay. Vice Chair Carollo: I make a motion then to defer M.1 indefinitely. Commissioner Sarnoff. Second. Chair Gort: Been moved by Vice Chairman Carollo, second by Commissioner Sarnoff. Any discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Chair Gort: Thank you. END OF CITYWIDE ITEMS DISTRICT 1 CHAIRMAN WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 City ofMiami Page 67 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 D4.1 11-00712 NA.1 11-00922 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING DEFERRED COMPENSATION AND OTHER SPECIAL RETIREMENT/PENSION BENEFITS OFFERED TO CERTAIN EXECUTIVE EMPLOYEES. 11-00712 Email - Deferred Compensation.pdf NO ACTION TAKEN END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES END OF DISTRICT 5 NON AGENDA ITEMS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING AND CONSOLIDATING THE NOVEMBER 10, 2011, REGULAR COMMISSION MEETING AND THE NOVEMBER 24, 2011, PLANNING AND ZONING COMMISSION MEETING TO NOVEMBER 17, 2011, AT 9:00 A.M.; FURTHER RESCHEDULING AND CONSOLIDATING THE DECEMBER 8, 2011, REGULAR COMMISSION MEETING AND THE DECEMBER 22, 2011, PLANNING AND ZONING COMMISSION MEETING TO DECEMBER 15, 2011, AT 9:00 A.M. Motion by Vice Chairman Carollo, seconded by Commissioner Sarnoff, 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 ofMiami Page 68 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 NA.2 11-00887 R-11-0392 Chair Gort: At this time what I would like to do -- we need to consolidate the Commission meetings in November and the Commission meetings in December. The -- I will need a motion to move the November 10 and November 24 Commission meeting days to November 17, Thursday, November 17. Vice Chair Carollo: Mr. Chairman, can you repeat that again? Chair Gort: Okay. The original Commission meetings of November 10 and November 24, we're going to consolidate into the November 17, Thursday, November 17. Vice Chair Carollo: Should we make a motion for both, and then for the December --? Chair Gort: You want them both? Okay. Priscilla A. Thompson (City Clerk): Yes. That'll be easier. Chair Gort: The consolidation for December meetings will be December 8, December 22; Commission days [sic] will be December 15. Vice Chair Carollo: I make a motion to -- for the changing of the dates as stated by the Chairman. Commissioner Sarnoff.. Second. Chair Gort: Motion by Vice Chairman Carollo, second by Commissioner Sarnoff. Discussion. Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Chair Gort: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO DESTINATION GAMBLING RESORTS AND LICENSE PERMITS FOR SOUTH FLORIDA GAMBLING LOCATIONS, URGING GOVERNOR RICK SCOTTAND THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT LANGUAGE IN BILLS TO BE PRESENTED BY REPRESENTATIVE ERIK FRESEN AND SENATOR ELLYN BOGDANOFF DURING THE 2012 LEGISLATIVE SESSION, SUPPORTING PROVISIONS REQUIRING LOCAL REGULATION AND SITE APPROVAL FOR DESTINATION GAMBLING RESORTS AND GRANTING TAXING AND LICENSING AUTHORITY TO THE CITY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. NO ACTION TAKEN Note for the Record: Discussion took place on this item, however no action was taken by the Commission. Vice Chair Carollo: Mr. Chairman. City ofMiami Page 69 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Chair Gort: Yes, sir. Vice Chair Carollo: I think the only thing we have left is -- Chair Gort: PZ (Planning & Zoning). Vice Chair Carollo: That's right, the PZ. Priscilla A. Thompson (City Clerk): PZ is advertised for after 2. Chair Gort: After 2 o'clock. Andl think the Mayor has a pocket item. Mr. Mayor. Mayor Tomas Regalado: Thank you, Mr. Chairman, Commissioners. As -- I'm bringing a pocket item just because this is a issue that will be discussed coming this week in Tallahassee. And it have been inform by the media that Representative Erik Fresen and Senator Eileen (UNINTELLIGIBLE) are introducing a bill regarding gaming. Regardless of if we support or if we don't, this resolution only has to do to ask the Governor and the Legislature to give us, the cities, if there is a such a destination, the possibility of having taxing and licensing authority to the city. The resolution says a resolution of the Miami City Commission related to destination gambling resorts and license permits for South Florida gambling locations urging Governor Rick Scott and the members of the Florida Legislature to support language in bills to be presented by Representative Erik Fresen and Senator Eileen (UNINTELLIGIBLE) during the 2012 legislative session supporting provisions requiring local regulation and site approval for destination gambling resorts and granting taxing and licensing authority to the city; directing the City Clerk to transmit a copy of this resolution to the officials designated herein. And what this does, Commissioner, is we just want to get the foot in the door. We know that the bill that had been work by Representative Fresen would probably include some language about municipalities and counties. And now there is a debate in Chicago -- and Commissioner Sarnoff pointed that to me yesterday -- and we look, Rahm Emanuel, the mayor of Chicago, is been very proactive in trying to get the state Legislature to grant powers to the City of Chicago in terms of taxings and licensings and all that. Since there have been conversation about the City ofMiami being a potential site for this destination casino, we thought that it was important that we advise the Legislature that the City shall have some kind of powers in terms of taxing and licensing authority because, as you know, there is a lot of discussion in the state level that the State should address this. So this is basically a resolution only to advise our delegation that we do need and want this authority for the City ofMiami. That's the basic -- Chair Gort: Thank you, Mr. Mayor. Commissioner Spence -Jones: I'm sorry. I have a question, Mr. Mayor. I know I just got this -- I know you gave it to my chief of staff, I think, yesterday, and honestly, I just have not really had an opportunity to digest it the way that would like to digest it. But I wanted -- when I mentioned it to you briefly, you said that there was only a few days before -- Mayor Regalado: Right. Commissioner Spence -Jones: -- just so that I'm clear on that -- there's only a few days -- Does it matter that this happens in the next three days? I just think that this is a huge decision one way or the other. I think it's great that, you know, this is going to give us the opportunity to collect taxes from the operators on the gross amount and be able to impose it. I think that's great. I just think that -- I can't speak for anybody else, and they need to be out here -- all the other Commissioners. This is an important issue, so we should all be voting on this issue. I would -- I personally would prefer to really understand what I'm voting on as far as this issue because whatever message we send to Tallahassee even to support it should -- we should be very clear City ofMiami Page 70 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 about it -- I should be very clear about that for my constituents. Quite frankly, I have some issues on the whole gambling issue anyway. So I just -- I would not want to support what you're trying to do because I think what you're trying to do is good. I would just want to have more time to digest what I would like to perhaps see added to this because I'm sure there's also some creative language that could be added from our perspective that would benefit us in Tallahassee as well. So my question for you is, what is the time frame on us having to do this? Mayor Regalado: Right. And Commissioner, you're right. This is something that everybody should be involved in that. The issue that I brought this to you today is that we understand that Mr. Fresen and Ms. (UNINTET,TIGIBT,F) are introducing the bill. Now we have not seen the bill. We have heard Representative Fresen saying that they are looking at the possibility of giving authority to the municipalities if there is this destination. Actually, the resolution is not in support of gaming. The resolution is just in case gaming and destination casinos are approved, that the city should get -- Commissioner Spence -Jones: Can collect on it. Andl think that it's brilliant that you're taking the extra step to make sure that at least if that happens, we're taken care of. My only concern right now and why I would not support it at this point is because I would want to, one, see what Representative Fresen is adding in his because it may not be beneficial for us. Two, there might be other items that I may want to include in this legislation based upon what other cities are doing, and l just really have not had a chance -- my mind has been really focused on getting ready for this afternoon budget -- Mayor Regalado: No problems. Actually -- Commissioner Spence -Jones: -- soI would -- andl would also want to make sure that all five of us are up here voting on this very important issue. Mayor Regalado: No, no. No problem. Actually, I was just trying to make you aware that there is a bill -- Commissioner Spence -Jones: No problem. Mayor Regalado: -- going through the committees. As you know, the Legislature now is sooner than later. It's early 2012. So the committees, instead of start in December, are starting this week, so that might be something that will be on the media. But I am sure that everybody will have something to say with that. Commissioner Spence -Jones: Yes. Mayor Regalado: I don't have any problem in coming back on October. By then it may or may not have not died in a committee, or if it dies in the committee, then it's mute [sic]. Commissioner Spence -Jones: Right. Andl would definitely -- Mayor Regalado: But if it doesn't, then we need to say something to the Legislature as a whole. But this is not in support -- Commissioner Spence -Jones: Of gaming. Mayor Regalado: -- of anything. Commissioner Spence -Jones: I'm clear. I'm clear that it's -- Mayor Regalado: This is not in support of gaming. City ofMiami Page 71 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Commissioner Spence -Jones: Right. Mayor Regalado: This is in support if there is a bill -- Commissioner Spence -Jones: Then there's some resources -- Mayor Regalado: -- give us the authority. Commissioner Spence -Jones: -- coming back to this community. Mayor Regalado: And this is exactly what the City of Chicago is doing with the Illinois Legislature. Commissioner Spence -Jones: No problem, no problem. Mayor Regalado: Okay. Commissioner Spence -Jones: And on our end, if we can, Madam City Attorney -- Mayor Regalado: Sure. Commissioner Spence -Jones: -- my chief of staff, we'll just -- whatever comments we may have, he would want to add to the legislation -- Mayor Regalado: Sure, absolutely. Commissioner Spence -Jones: -- just so that it's -- you know, looking at it from -- Mayor Regalado: No problem. Commissioner Spence -Jones: -- another perspective. Mayor Regalado: Thank you. I just want to make you aware of that. Chair Gort: This is equivalent to the state mandate without funding. They're going to pass it. And if they do pass it, they going to -- then we should take advantage of it. Yes. Mayor Regalado: Yeah. Vice Chair Carollo: Mr. Chairman. Mayor Regalado: Because you know, Mr. Chairman, it's going to impact -- Chair Gort: Of course. Mayor Regalado: -- whatever area -- if there is in the City ofMiami, it's going to impact services. So might as well be proactive and ask the Legislature to include the City as a possible taxing authority in this matter because we don't have the authority. They have to give us the authority. Chair Gort: I think Commissioner Sarnoff had the floor. Commissioner Sarnoff.. Yeah. I mean, obviously, it's something that's being hotly debated out there. Andl noticed that how you phrased the issue is pretty much how you get the answer. And City ofMiami Page 72 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 I suggested to some folks, my wife being one of them, there are people that just don't favor gambling, and that's sort of immoral and that's perfectly appropriate position to take. But when I phrase it differently, I say this to people. What if -- andl certainly did tell the Mayor to look at Rahm Emauel. I think he has the most intelligent, well phrased, thought out philosophy on how Illinois should do gambling with regard to municipalities. And of course, he's suggesting that the taxing authority be allowed to be the municipality. So ifI phrase the question like this to this Commission -- and by the way, I don't suspect it's going to be this, but this is one of the phrases you could ask. If it reduced your taxes by 30 percent, would you favor gambling in a centralized location in Miami? I suspect most of you might say yes. Don't know that we'll ever get there. What ifI told you, if it did away with your taxes completely, would you be in favor of it? I may get more support on that. If you get nothing out of it other than the hiring of 16 police officers, 15 firemen, and you get to set the parameters under which it's going to build, you may have less interest in seeing it come to Miami. And I think what the Mayor is suggesting is, look, this is -- even though something may occur in Tallahassee a long way away from here, the end of that stick is Miami, and the impact will be felt right here in Miami for elected officials that are in Tallahassee that are considering something that will exist here in Miami. There's no two ways about this. If there is some sort of gambling, describe it however you'd like, there will be an impact in Miami. It'll have a physical impact. It will have a financial impact, and it will have an impact to our services. How we deal with that, we need to have as much input in Tallahassee as possible because if we simply do nothing, very well it may pass without our ability to say something about it. And some of you might think up here -- and I might be one of them -- this is such a change in the City ofMiami. Maybe what they should do is require a referendum either in that county or municipality to support that particular establishment. I'm okay with that as well because it is a major change to a city and it will have implications far beyond anything that any of us really consider. And we can think of Atlantic City all we want, and we could think of Las Vegas all we want. This is going to be Miami, and this is -- I lived through New Orleans. I lived there when Edwin Edwards was the governor. I lived there when there was a bumper sticker that said -- it was Edwin Edwards versus David Duke. David Duke was the former head of the Ku Klux Klan. Edwin Edwards was on his fourth indictment. He inevitably did get indicted and convicted. And the bumper sticker read, as I was leaving New Orleans in 1987, "Vote for the Crook. It's important." And that was the low point think of New Orleans politics, but they did inevitably get gambling. He did get convicted of shepherding in a certain kind of gambling. His son got convicted. There's lots of blueprint out there how not to do this. There's probably very little blueprint out there how to effectively do this. But I think what the Mayor is saying is it's coming, and it should come with as much input and as much expression as this Commission can foster to make sure that the City ofMiami is protected in many, many different ways, including possibly a referendum vote, including possibly a taxing authority so that we can receive the benefits of what this could bring. Because ifI express it to you, ifI reduce your taxes by 25 percent, is anybody out there interested in gambling? I suspect I'll get some hands up. If say, there'll be nothing in it for you other than an illusory jobs or setting the parameters, a couple of cops hired, a couple firemen, you might have less interest in it. So I sort of applaud the Mayor. We need to look at Rahm Emanuel. He is absolutely on the cutting edge of this. He is expressing himself articulately and cogently, andl give the Mayor a lot of credit for looking into what Rahm is saying, andl think we should take the same tact that he's doing in Chicago. Mayor Regalado: And you know, Commissioner, I suspect that the same response will come from Tallahassee because the Illinois governor, Pat Quinn, said to Rahm Emanuel, hey, that's not your business. That's the state business, so don't put the cart before the horses. And -- but he started working on a taxing authority for Chicago even before the bill went to the Legislature. Andl suspect that Governor Scott, being so proactive in getting money for the state of Florida, will say, hey, Miami, that's not your issue. That will be the state. So, you know, we have very good, good friends as a state Legislature for the City ofMiami, so we should have that conversation with them because regardless of it pass or if we support of it or not, we do not control that. The only thing that we want to control is that we have some kind of authority over. City ofMiami Page 73 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Couldl obtain the same information that think Commissioner Spence -Jones obtained and so forth 'cause I didn't receive anything. Mayor Regalado: I just gave her this andl make copy. Vice Chair Carollo: Okay. IfI could just obtain it so I could review it and so forth. Thank you. Thank you, Mr. Mayor. Commissioner Suarez: Mr. Chairman, ifI may. Chair Gort: Yes, sir. Commissioner Suarez: Thank you. I agree with Commissioner Spence -Jones that, you know, this is a -- somewhat of a complicated issue and we just got the resolution very, very recently. I had to read it very quickly and to see exactly what it said and what we were resolving, you know. So I know that in the case of District 4 there is one legalized gambling -- gaming establishment in our district that happens to be the largest employer, and there is some -- there is a fairness issue thatl do want to put on the record in that that employer, that business, which is one of the longest -running businesses in the City ofMiami, volun -- I don't want to say voluntarily, but has partnered with the City ofMiami in their gaming capacity and does give the City ofMiami -- I believe it's 1.5 percent of its gross revenue from its gambling operations or its gaming operations. And correct me if I'm wrong, Madam City Manager, I believe that's the amount. I may not be describing it perfectly, but there is -- Commissioner Spence -Jones: It's written in the agreement. Commissioner Suarez: Right. There is an agreement. There is a payment. This year it exceeded $200, 000 just from that facility, which will pale in comparison with the size and scope of the facility that I've seen plans for in that site. So again, I agree with your desire to want to look at this very carefully because it is a complicated issue and it involves a law that we haven't seen and it involves a resolution that we just received. So I support that. And I just wanted to put some other things on the record regarding a fairness issue that I think should be resolved with reference to one of the employers in District 4. Chair Gort: Okay. So my understanding is this is a motion to defer to the next -- Vice Chair Carollo: Second. Mayor Regalado: And you don't need to have a motion. I mean -- Chair Gort: Okay. Mayor Regalado: -- I just wanted to bring that to your attention and we can discuss that in October. Commissioner Suarez is right, you know. We have an agreement, but the agreement that we have with Magic City and Miami Jai -Alai was borne out of a development agreement, construction, and you know -- and to the -- to their merit, they were very, very enthusiastic in entering into that agreement, even though they had to send to the State at that time when they did that agreement 50 percent and we took a 1.5 percent and the County took 1.5 percent. So what we should be looking at is some kind of authority just in case this is approved. And we don't know if it's going to be approved because this is a very controversial issue. And you know what, we did a referendum in Miami -Dade County twice, once it lost and the second one it won for the City ofMiami Page 74 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 NA.3 11-00921 casinos. Andl think that there is language in the Legislature that could trigger a referendum in the City or in the County, which is -- I think it will be something that would be great for the City. So we -- you know, if you have any ideas on -- in October, we can still bring it to the State Legislature. Thank you. Commissioner Spence -Jones: Thank you. Chair Gort: Well, Mr. Mayor, I think we should be kept abreast of what's going on in Tallahassee, what's taking place. If any bills that's coming up, we should get a copy of it. At the same time, we have certain relationship with the individuals, the representatives in Tallahassee, and we should make sure that if anything happens that the City's being taken care of. Any other items? DISCUSSION ITEM ASSISTANT CITY MANAGER ALICE BRAVO REQUESTED AN EXECUTIVE SESSION FOR THE PURPOSE OF COLLECTIVE BARGAINING TO BE HELD TODAY AT 3:30 PM IN THE CITY MANAGER'S CONFERENCE ROOM. DISCUSSED Chair Gort: Any other items? Yes, ma'am. Alice Bravo (Assistant City Manager/Chief of Infrastructure): Mr. Chairman, I'd like to request that we hold an executive session at 3:30 to update the Commissioners on the status of negotiations with FOP (Fraternal Order ofPolice). Commissioner Spence -Jones: No problem. Chair Gort: 3:30? Okay, 3:30. NA.4 DISCUSSION ITEM 11-00916 DISCUSSION BY CHAIR GORT REGARDING THE SELECTION PROCESS FOR THE AUDITOR GENERAL POSITION. DISCUSSED Commissioner Spence -Jones: So Mr. Chairman, do you want tojust close out on this agenda with our blue page items and then -- so when we leave for -- we break at -- then we're back at 2? Chair Gort: It's fine with me. Vice Chair Carollo: Why don't we do -- I think we have the Finance director coming. No? Commissioner Spence -Jones: No. Let them come back on lunch. Let's -- please -- Chair Gort: Blue page. Commissioner Sarnoff. Well, wait, wait, wait. They might be -- 'cause think about this. You want tojust come back at 3 so we come back here, sit at 3, go up there at 3:30, and come down here at 4? Commissioner Spence -Jones: 'Cause the PZ.1 -- it's just one item. City ofMiami Page 75 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Commissioner Sarnoff. No -- right, right. Chair Gort: Yeah. Commissioner Spence -Jones: You know, so we could take this time to get ready for our budget hearing, which I'm sure we'll be finished by 12 o'clock tonight, right, guys? Commissioner Sarnoff. Pizza's on the Vice Chair. I don't care what anyone says. Pizza is on -- Commissioner Spence -Jones: Well, I'm believing -- Commissioner Sarnoff. -- the Vice Chair. Commissioner Spence -Jones: -- that we're going to be done by 12, right? Vice Chair Carollo: We can all believe, but as long as we get our answers, Commissioner, that's -- all I'm saying is -- Chair Gort: We got to make sure that -- Vice Chair Carollo: -- as long as we get our answers. Commissioner Spence -Jones: That does not sound like yes to me. Vice Chair Carollo: As long as we get our answers and we do due diligence, then it's -- you know, if we could do that by 12, then by all means. Commissioner Spence -Jones: Okay. Chair Gort: My understanding is the Administration is receiving a lot of messages and a lot of questions and I'm sure they're going to be able to respond to it. Commissioner Spence -Jones: Okay. So can we just finish our blue pages and then take a break? Chair Gort: The blue pages, yes. Vice Chair Carollo: Definitely. Let's do our blue pages. Chair Gort: Start with you. Commissioner Spence -Jones: No. You guys have blue -- you have a blue page. Chair Gort: I have a pocket item. I'll yield. Commissioner. Vice Chair Carollo: I don't think have anything in my blue pages. Commissioner Sarnoff. I don't. Commissioner Spence -Jones: Nobody has pocket items? Chair Gort: Yes, I do. Commissioner Spence -Jones: Okay, good. I do, too. Chair Gort: Let me look at it. City ofMiami Page 76 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Commissioner Spence -Jones: And the only reason why I have it as a pocket item is because I did not -- it didn't make it in time for the agenda. So Mr. Chairman, you want to deal with yours first? Chair Gort: Yes. Commissioner Spence -Jones: Okay. Chair Gort: The one that I'm very concerned about is the -- I think we should take the decision how to select the internal audit [sic]. I believe that's something we (UNINTELLIGIBLE) talked about it. I believe we discuss it, andl believe the Administration was going to come up with a recommendation in how to structure this committee that we're going to create to select the internal audit [sic]. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: I think the committee has been structured already as voted by this Commission. I think where we're at is that we need to nominate the committee members -- Chair Gort: Well -- Vice Chair Carollo: -- and move forward. Chair Gort: -- I have not received the information about the committee being formed. Vice Chair Carollo: We -- I think we voted on -- Chair Gort: We suggested that a committee was created. The Administration was going to come back with the -- with a proposal how it was going to be structured. We did make the -- Vice Chair Carollo: Right, but -- Chair Gort: -- statement, but -- Vice Chair Carollo: -- I think the committee is going to be structured by us and it's going to be made by the members that we nominate. Commissioner Spence -Jones: I nominated mine already. Commissioner Suarez: I'll nominate mine. I'm ready to nominate one. Ms. Bravo: I'm requesting Beverly Pruitt to come out, our HR (Human Resources) director that was handling this matter. Commissioner Spence -Jones: Beverly. Is she here? Chair Gort: I'm ready to nominate mine. Vice Chair Carollo: I think -- I have mine already also. I -- there was two requirements. One was a former prosecutor and one was a former investigator or someone. I have to reach out to former investigator and the former prosecutor even though there's a list of two or three, but that could be any one of us that we could, you know, but there's some people that I have in mind City ofMiami Page 77 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 already. I just need to reach out and -- you know, I apologize. Just with all the things that we're dealing with and all the budget issues and so forth, you know. But I could reach out during lunchtime. Commissioner Spence -Jones: So are we making nom --? I'm sorry. Mary Leckband (Assistant Director, Human Resources): No, go ahead. Commissioner Spence -Jones: Go ahead. Ms. Leckband: Hi. Mary Leckband for the Department of Human Resources. At the last Commission meeting, the Commissioners moved to establish a selection committee. Vice Chair Carollo: Right. Ms. Leckband: Ms. Pruitt is out of town this week; however, advised that she did receive one committee nomination from one of the Commissioners. When she receives committee names from the other Commissioners, she will proceed with the process. Chair Gort: Okay. Commissioner Spence -Jones: Do you know which one she received? Ms. Leckband: I believe it was from you, Commissioner. Commissioner Spence -Jones: Oh. Mine is done. Chair Gort: Okay, we'll send -- I'll send you mine this afternoon. Commissioner Suarez: I'll send you mine by e-mail (electronic) as well. Ms. Leckband: All right. Chair Gort: Okay, so we all agree on sending the -- Commissioner Suarez: To Ms. Pruitt? Chair Gort: -- so we can get going. Ms. Leckband: Yes, to Ms. Pruitt. Vice Chair Carollo: So you want to receive it by e-mail? Ms. Leckband: She has been receiving -- she received the last one via e-mail. Chair Gort: But we can make -- Ms. Leckband: That's fine. Chair Gort: -- the appointment here today if you want. Commissioner Suarez: I don't have a problem with -- Chair Gort: We can make it right now. City ofMiami Page 78 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Ms. Leckband: Right. Chair Gort: Mine will be -- Ms. Leckband: Or I can meet with your chiefs of staff -- Chair Gort: Fine. Ms. Leckband: -- and receive the name -- Chair Gort: Sure. Ms. Leckband: -- from them. That's fine. Whatever is convenient for you. Chair Gort: I'll get you mine as soon as you go in. Okay. NA.5 DISCUSSION ITEM 11-00917 DISCUSSION BY CHAIR GORT REGARDING THE PAYMENTS IN LIEU OF TAXES (PILOT) PROGRAM THAT ONCE EXISTED BETWEEN THE CITY OF MIAMI, MIAMI-DADE COUNTY, STATE OF FLORIDAAND THE FEDERAL GOVERNMENT. DISCUSSED Chair Gort: The other item thatl had is at one time, as you recall, the City ofMiami provide services to the federal governor [sic], to the state, and to the County. At one time, we used to have agreement where we receive payments for the -- it's called the pilot program. My understanding, research that we did in 19 -- 206 [sic] -- 2006, we received from the County -- I believe it was about $600, 000, something like that, and we haven't received any further payments from the County. Now I know we had agreement with the State and with the federal governor [sic]. I'd like to look into that again because we provide a lot of services to the federal govern [sic], to the state, and to the County. I believe it's called the pilot program. Julie O. Bru (City Attorney): Mr. Chair, I do believe that you had some payment in lieu of taxes programs -- Chair Gort: Right. Ms. Bru: -- in place with the federal and state and local governments at one time or another. I can tell you that those agreements would all be purely voluntary because we can't tax authorities that are immune from taxation. So the nature of the agreements would be some kind of voluntary agreement to pay taxes -- pay payments in lieu of taxes. Chair Gort: I would like to look at it again because in 206 [sic] I believe we receive -- I don't recall the exact amount now. Diana Gomez: Diana Gomez, Finance director. You are correct that the last time we did receive payment in lieu of taxes from the County was in 2006 for the fiscal year 2005. That -- since then we have not received anything. Actually, the amount in 2005 -- received in 2006 was $180, 000. There is a cooperation agreement signed in October of 1969 where it talks about -- I think there was a subsequent amendment -- the fact that they will pay an amount based on a calculation that they have for these public housing. They have not paid since that last payment that we received. We've reached out to them and have tried to get -- you know, ask, inquire. We seem to be not ever getting a solid response from them. There was also an audit conducted by the auditor general in 2000 which talked about amounts that they had owed us, totaled about $1.6 million, City ofMiami Page 79 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 for many years. We have invoiced them for that amount. We have not received -- they claim they're not -- they don't -- they disagree with our finding and they have refused to pay so we have reserved for it 100 percent. But we just haven't been successful in getting anything from the County. Commissioner Sarnoff. Wait. Correct me if -- Chair Gort: Yes. Commissioner Sarnoff. -- I'm wrong -- Mr. Chair. Chair Gort: Go ahead. Commissioner Sarnoff. I think was on this dais when then Commissioner Regalado brought this up andl think you responded back then. Wasn't there -- they had been paying -- the County had been paying us a couple hundred thousand dollars a year. I think it was back in '06, and didn't it go to '07? Did not? Ms. Gomez: We -- the last payment we received was in '06 for fiscal year '05. Commissioner Sarnoff. Okay. Ms. Gomez: We have not received anything for fiscal year '06. And they always pay it after the fiscal year. Commissioner Sarnoff. And wasn't the problem that the County -- we started bringing up issues such as parking surcharges at Jackson Hospital and other issues and they -- isn't that what stopped -- or isn't that what we believed part of the reasoning was? No? Ms. Gomez: I'm not sure if that was linked to this. I don't know. Commissioner Sarnoff. It seems like -- and let me just finish, Mr. Chair -- there's a variety of issues -- andl know I spoke briefly about this to the City Manager -- that exists between the City and the County, and it seems like it's time to bring those to a head. It seems like that we need to sit down with the County. I mean, they obviously don't have a very favorable budget, maybe even worse than we do. But we need to make a list of things and create a master agreement, if we can come to such an agreement, and try to resolve the differences between the County and the City, 'cause we did this once before when I was here and then it seems like we went back to building new issues that need to be addressed, inclusive of the payment of revenue in lieu of taxes. So Madam City Attorney -- excuse me, Madam City Manager, why don't you create a log of all disputes between the City and the County and start addressing that and see if we can start coming up with some sort of a master agreement? Ms. Bru: It's just that I recall now that the term, the global agreement, I think had -- Commissioner Sarnoff. No, I remember that. Ms. Bru: -- its genesis in the fact that it was supposed to be a resolution of all the issues between the County and the City and it did not end up achieving that goal. Commissioner Sarnoff. But every so often after every five years, seven years, ten years, you know, things go on such as the Jackson Memorial surcharge that we were or were not getting. And you were very cautious andl -- we didn't want to talk about it, but it finally got talked about, you know, and it was out on the record. And all right, it's out there now. But why is it we can't come up with another list of disputes that we have and see if we can arrive at some sort of an City ofMiami Page 80 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 NA.6 11-00918 accommodation. Maybe there are things they want from us and things that we want from them. But to simply allow this to continue to creep along -- you know, I was here for the global agreement. I thought it put to rest some things and then new things crop up. New Commissioners come, new issues crop up. Alice Bravo (Assistant City Manager/Chief of Infrastructure): And especially since there's a new Administration at the County, I think it's a great time to have afresh start and deal with any lingering issues. Commissioner Sarnoff. You know, it's like I tell everybody now, you remember all the water issues everybody in the City ofMiami has with the County, whether it's either creating a restaurant or putting up something in front of your place or a sewage line or something. It was horrible two years ago. It's a whole different county today. DERM (Department of Environmental Resources Management) is becoming a new different county. You know, DERM -- you go to DERM and what was your question, 'cause the answer is no. That was the way you went to them. What was your question? The answer is no. Now what was your question? Today, you know, based on Commissioner Suarez, not the one sitting to my right, but there's kind of a new spirit out there and there's an element of cooperation certainly at the water level, certainly at Water and Sewer, certainly at DERM. You know, DERM has just put an employee here at the City ofMiami. How many folks know that? Chair Gort: Right. Commissioner Sarnoff. You know, that's part of the one -stop shopping. That came as a result of -- the progenitor of that whole thing was actually Commissioner Sanchez who brought it up, I think, in '06, you know. We worked on it from there and now we -- Commissioner Suarez: Progenitor. Commissioner Sarnoff. -- have it. Now we actually have it. Chair Gort: Thank you. I think we need to look at the -- whatever agreement we had in the past because I understand it was a federal government also and the state government. We should look into it and try to go back into it 'cause that's additional -- I mean, we provide services constantly and we're not being paid for it. Well, thank you all. We come back at 3. DISCUSSION ITEM DISCUSSION ON DISTRICT 5 PROJECTED FY2011 BUDGET OVER -RUNS, INCLUDING BUT NOT LIMITED TO EXPENDITURES UNDER RESOLUTION 11-0039, AUTHORIZING THE ALLOCATION IN THE AMOUNT OF $6,208.16 FROM THE DISTRICT 5 ACCOUNT FOR THE JOSE MARTI PARK, WHICH IS NOT IN DISTRICT 5. DISCUSSED Commissioner Spence -Jones: My item. Chair Gort: Oh, I thought you said you didn't have any. Go ahead. I'm sorry. Commissioner Spence -Jones: No. I don't have blue points [sic]; just pocket items. This is quick. The first one is -- I just wanted to make sure I officially put it on the record, and to my understanding the City Administration is going to handle it. Unfortunately, I guess I had a -- from the previous administration, I had a $6,208 bill, and I just didn't want my budget to appear to be higher going into the new fiscal year for Jose -- for an even that took place for Jose Marti City ofMiami Page 81 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Park Parade. I guess that was communicated. So I just wanted to make sure on the record we're on the same page, that that will be addressed and that won't be something that I have to, you know, handle. So to my understanding, that's being addressed so that's no longer an issue. But I do want -- just in the spirit of transparency, I just want to make sure that it's addressed. I support the Jose Marti Parade. That's not the issue. The issue is if I'm having to, you know, eat that cost andl didn't make that vote, I just don't want it to be an issue for me in my budget. So that's number one. So I'm understanding that that's being addressed, right? And that takes me to the second discussion item I had -- Does anybody have any questions on that, first of all? Vice Chair Carollo: Yeah. Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: Before you go -- move to the second item, it's actually something that -- well, the Jose Marti Parade is in my district. And I'm sure you could see from the minutes of Commission meeting, I asked about it because realistically, the organizer, which I have a, you know, good relation -- at least I feel I have a good relationship with and so forth. I was invited to the event, although I did not attend -- never reached out to me with regards to any cost that needed to be, you know, in -kind or any monies that were needed. So I was actually quite surprised. As a matter of fact, I put a discussion item the very next Commission meeting to get a little bit more detail from the District 5 Commissioner at that time. And by the way, just as a side note, I, in March, a few Commission meetings later, more than repaid that amount from CDBG (Community Development Block Grant) fundings [sic]. There was -- Commissioner Spence -Jones: For this one? Vice Chair Carollo: Yes. Andl could show you the minutes of the March 24 meeting. And it wasn't to your office, per se, but it was to members of your community organizations. And I'll let the -- I'll let you know which ones they are exactly. It was -- and the amounts. Curley's House received $5, 000 and the Liberty City Optimist Club received $3, 887. It was CDBG funding. It was not that I was taking it away from my district. My district was covered. They had actually more funding that they did the previous years and we had it in the reserves, so I thought it'd be fitting that -- you know, we are one city and we -- Commissioner Spence -Jones: Yes. Vice Chair Carollo: -- helped each other out. But with regards to the Jose Marti Parade, actually, I was actually surprised when the Chief not too long ago mentioned that he had to incur overtime over that parade because I had no idea about it. Commissioner Spence -Jones: Yeah. Vice Chair Carollo: So I just wanted to put that for the record. Obviously, I welcome all funding or any donations that any district wants to do to my district. Chair Gort: Especially parks. Vice Chair Carollo: You know -- well, parks is all totally different. Parks -- Chair Gort: I gave you some ideas. Vice Chair Carollo: -- I'm just asking for fairness with parks. Chair Gort: I gave him some ideas. City ofMiami Page 82 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 NA.7 11-00919 Vice Chair Carollo: But anyways, I just wanted to put that for the record, Commissioner. Commissioner Spence -Jones: No problem, andl just want -- andl thank you for supporting those organizations. And again, for me, I just wanted to make sure -- and you know, just from a transparency issue that we addressed it. DISCUSSION ITEM DISCUSSION ON COMMISSIONINGASELECTION COMMITTEE APPOINTED BY THE CITY COMMISSION AND THE MAYOR, COMPOSED OF RESIDENTS FROM THE CITY OF MIAMI, FOR THE PURPOSE OF SCREENING APPLICANTS FOR THE POSITION OF CHIEF OF POLICE. DISCUSSED Commissioner Spence -Jones: The second thing was, I know we talked about the inspector general, andl guess we all will make our recommendations, butt would like for the City Manager to actually present an overall plan on the selection committee for the actual police -- the screening of the next chief of police. So I know that we've been asking for them. We've been talking about that. But if you could provide that to us in writing -- I know Beverly's not in town. I do have my person that I would like to, you know, also proffer to actually sit in that committee, but as soon as you have kind of what the process is going to be on that, then we can go ahead and move on that. Johnny Martinez (City Manager): Well what -- I hadn't envisioned each Commissioner appointing someone to the -- Commissioner Spence -Jones: Right. Mr. Martinez: -- committee 'cause that I think kind of politicizes or complicates the issues. What I -- I had spoken with Mayor Gimenez andl got permission to speak with Chief (UNINTELLIGIBLE) from Miami -Dade County, and I've been in conversations with him and he has agreed to chair the committee. Commissioner Spence -Jones: Okay. Mr. Martinez: And then he's going to -- he's looking around to pick another person and the City will also recommend another person to have a three person committee to screen the applications. Commissioner Spence -Jones: No, no. What we talked about -- listen -- is that each Commissioner from their district will have a person that they will appoint to sit with whatever individuals that you want to have on there. That's what we talked about. And we talked about also -- in an open forum -- looking at other selection processes that other cities are doing in order to make that happen. So I am ready to proffer -- andl can provide you with that name of the individual representing our district to actually sit on the selection committee. Now it is also understood -- andl know this in the end -- whoever the ten names are, the three names are, the five names are, then they will be given to you for you to make a decision who they are, but I definitely want to make sure we have that process in place. As a matter of fact, you agreed to that on the record. Mary Leckband (Assistant Director): Hi. Mary Leckband, Department of Human Resources. The City Manager has asked that we prepare the applicants, all of their materials for review of this preliminary committee to do the initial screening. And we've received information from other jurisdictions on what they've done, including what you referenced at the last meeting; FIU (Florida International University) did for the selection of their police chief. So we have their selection committee materials. After that initial screening by the three members that the City City ofMiami Page 83 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 Manager was referencing, those applicant packages would go forth to the whole committee put forth by the Commission where each Commissioner will give someone. Commissioner Spence -Jones: I definitely would like to see that process before we make a decision that that's -- Ms. Leckband: Sure. Commissioner Spence -Jones: -- what's going to happen because it was actually in the reverse the first time. Ms. Leckband: Okay. Commissioner Spence -Jones: And it's in -- it's very frustrating to have a conversation in an open place like this with other Commissioners and we're all agreeing and then we get -- not even one Commission meeting later we're saying something different. Ms. Leckband: We'll prepare the plan -- Commissioner Spence -Jones: Right. Let's -- we would -- Ms. Leckband: -- and then have the City Manager send it -- Commissioner Spence -Jones: -- like to see the plan before -- Ms. Leckband: -- out for approval. Commissioner Spence -Jones: I would like to see the plan before it's actually put into action. Ms. Leckband: Yes, ma'am. Chair Gort: Definitely. Commissioner Spence -Jones: Mr. Manager, is that understood? Thank you. NA.8 DISCUSSION ITEM 11-00920 DISCUSSION BY COMMISSIONER SPENCE-JONES REGARDING CREATION OF LEGISLATION FOR AN ENTERTAINMENT SURCHARGE THAT CAN BE APPLIED TO ALL VENUES WITHIN THE CITY OF MIAMI. DISCUSSED Chair Gort: Okay. Is that it? Commissioner Spence -Jones: Last thing, okay. I spoke about this in the last Commission meeting we had regarding the legislation. And this was the entertainment surcharge. I think -- I don't know if it's property -- is it property management? Who's the person that does the sur --? Public Facilities. Is somebody here from Public Facilities? Okay. Anybody from Public Facilities here? Okay, no problem. Just wanted to tell my fellow Commissioners -- and I've been digging in to get more information because I do know we already acknowledge andl think we should constantly remind the public that we will have a shortfall next year. Regardless of whatever we resolve this year, we will have a shortfall and we will be faced with some of the same issues. So when we talked about, for instance, through Madam City Clerk in looking for maybe perhaps that million dollars that could be an option that helps us reduce our cost, we talked about the entertainment surcharge. I think -- I believe we're probably the lowest City ofMiami Page 84 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 surcharge now probably at least in South Florida for cities regarding what they're charging. I believe some cities are charging 3 or $4 just for their entertainment surcharge, andl think we're like -- the most we're at is at $2 or so. So what I've asked for the Administration to do -- andl know Zuri's working along on that also -- is to put together some legislation around increasing the surcharge so that we can look at not only the City -related venues, which is still a very big question for me on the City venues 'cause I don't think that we're actually collecting that revenue, which would help with our general fund, but also any City -- any venue that's in the City of Miami 'cause other cities are doing it. So whether or not they be -- it be the -- what do you call the basketball -- what's our team? Vice Chair Carollo: Heat. Commissioner Spence -Jones: Miami Heat or any team that's in the City ofMiami or any game that's in the City ofMiami, any sports -related event that's in the City ofMiami, any concert that's in the City ofMiami, we should be getting the additional dollars to go towards our general fund. And to me, this will assist us with things like our, you know, Three Kings Parade or our Jose Marti Parade or our Martin Luther King Parade or even the event that you have -- Commissioner Sarnoff.. Parkinson's. Commissioner Spence -Jones: -- happening -- right -- in your district so that we're not pulling from something else and we're utilizing those resources to actually help. So I just wanted to let the Commission know. I know already we're up to at least about -- close to a million point five of monies that could be generated just by even just increasing. So just imagine if we included now venues that were not City -owned venues. Chair Gort: One of the things we discussed last meeting and we instructed the Administration to look into ticketed events that take place in the public right-of-way that right now they don't have a surcharge. Commissioner Spence -Jones: Okay. Chair Gort: There's quite a few of them that the surcharge can be put in there or placed in there. Commissioner Spence -Jones: So I'm assuming we have some updates or we're close to it? Daniel Newhoff (Interim Director): Well, at this time -- Commissioners, Dan Newhoff Public Facilities. The ticket surcharge ordinance predominantly affects my department, Public Facilities, Bayfront Park, and the Parks Department. What we've done at the Commissioner's request is send an LSR (Legal Services Request) to the Law Department to see if we can expand the ticket surcharge program into facilities within the City ofMiami. The way Chapter 53 reads right now it says facilities therein, so we need some clarification if that's City -owned facilities or facilities within the City ofMiami. So we're working with the Law Department and the Manager's office on that. Commissioner Sarnoff.. Madam City Attorney, are we allowed a surcharge? Julie O. Bru (City Attorney): You know, I haven't seen that request for legal services, but just generally speaking, the City ofMiami doesn't have any inherent taxing authority. Commissioner Sarnoff.. Right. Ms. Bru: We would have to look for state authorization. So I would have to find somewhere in state law authorization to impose a surcharge on the particular activity that you are describing. Andl have to tell you, very rarely does Tallahassee authorize the City to have a surcharge. To City ofMiami Page 85 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 give you an example, the parking surcharge was a state authorized excise tax on parking facilities. So I'd have to look for it. Maybe it's out there, you know, and -- so we'll look for it. And if not, that could be one of your legislative priorities. Commissioner Spence -Jones: That's my point, yes. That's it. Mr. Newhoff. Thank you. Chair Gort: Okey-doke. Thank you. Commissioner Spence -Jones: Thank you. NA.9 EXECUTIVE SESSION 11-00891 Office of the City UNDER THE PARAMETERS OF F.S. §286.011(8), F.S. [2010], THE PERSON Attorney CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASES OF KENIA PEREZ VS. CITY OF MIAMI, PENDING IN THE U.S. DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA CASE NO. 10-21179-CIV-COOKE/TURNOFF, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN WILFREDO (WILLY) GORT, FRANK CAROLLO, MARC DAVID SARNOFF, FRANCIS SUAREZ AND MICHELLE SPENCE-JONES; THE CITY MANAGER, JOHNNY MARTINEZ; THE CITY ATTORNEY, JULIE O. BRU; AND DEPUTY CITY ATTORNEY WARREN BITTNER, ASSISTANT CITY ATTORNEY GEORGE K. WYSONG AND ASSISTANT CITY ATTORNEY HENRY J. HUNNEFELD. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 11-00891 Memo -Office of the City Attorney.pdf DISCUSSED Chair Gort: We'll close the -- yes, ma'am. Julie O. Bru (City Attorney): Mr. Chair, before we -- we're ready to close this meeting, right? Chair Gort: Yes. Ms. Bru: Before we do, I'd like to make a request. This is under Florida Statutes. I'm asking for an executive session under the provisions of 286.00 -- I mean, .0118 of the Florida Statutes. This would be for the next City Commission meeting of October 13. I would like an attorney -client City ofMiami Page 86 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 session for purposes of discussing the pending litigation in the case of Kenia Perez versus the City ofMiami. This is pending in the southern district of Florida, Judge Cooke, Magistrate Turnoff. It's case number 10-21179. We will confine the discussions in that meeting to settlement negotiations or litigation strategy. And it has been the past practice to do that executive session usually after lunch, so if that's okay with the Chair. Chair Gort: Fine with me. Is that all right with the rest of the Commissioners? We'll do it after lunch. Ms. Bru: Thank you. Chair Gort: Okay. [Later... Priscilla A. Thompson (City Clerk): And just -- I'm sorry, Chair. Just one thing need to make sure of and I apologize. I do have the executive session listed for 10/13/11, but you said -- I'm sorry, we didn't get a time. I think heard -- Chair Gort: After lunch. Ms. Thompson: -- after lunch. So we're -- are we posting a set time? Chair Gort: We don't know what time we're going to come back from lunch. Ms. Thompson: We have to do public notice with a time. Chair Gort: Okay, 3 o'clock. Ms. Thompson: Okay, thank you. NA.10 RESOLUTION 11-00879 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), LOCAL 1907, AFL-CIO, FOR THE PERIOD OF OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2012. 11-00879-Agenda Item Summary Form. pdf 11-00879-Legislation. pdf 11-00879-Exhi bit. pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0390 Chair Gort: We are ready to begin. My understanding, we have two pocket items. Johnny Martinez (City Manager): We have two pocket items, the ratification of AFSCME (American Federation of State County and Municipal Employees) 1907 and we also have the firefighters' ratification also. They voted on it today so they ratified, so it's now our turn to City ofMiami Page 87 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 rat. And Mary Leckband will guide you through the resolution. Mary Leckband (Assistant Director, Human Resources): Okay. Good evening. The first is a resolution of the Miami City Commission, with attachments, raging the -- Chair Gort: Excuse me. Ms. Leckband: -- collect -- Chair Gort: Excuse me. Ms. Leckband: Yes, sir. Chair Gort: And you are? Ms. Leckband: Mary Leckband, Department of Human Resources. Chair Gort: Thank you. Ms. Leckband: A resolution of the Miami City Commission, with attachments, raging the collective bargaining agreement between the City ofMiami and the employee organization known as the Miami General Employees American Federation of State, County and Municipal Employees, AFSCME, Local 1907, AFL-CIO (American Federation of Labor and Congress of Industrial Organizations), for the period of October 1, 2011 through September 30, 2012. Chair Gort: Okay. Do we have a motion? Commissioner Suarez: Move it. Vice Chair Carollo: Second. Chair Gort: It's been moved and been second. Vice Chair Carollo: Mr. -- Chair Gort: Yes. Do we want to hear from the president? Vice Chair Carollo: Exactly. I think one of the presidents stood up. I don't know if they want to stand up and speak. Chair Gort: And we'd like to thank you for working very close with the -- and come to an agreement with us. Appreciate it. Anthony Hatten: Andl appreciate the -- you know, working with the City. Priscilla A. Thompson (City Clerk): I'm sorry. We need -- Mr. Hatten: Anthony Hatten, union president, Local 1907. Ms. Thompson: Can you speak into the mike? Thank you. Mr. Hatten: Anthony Hatten, union president, Local 1907. And you know, I liked working out the deal with the City and hopefully we can work with the City next year and get everything done. Andl loved working with it, with you guys and keep up the good work. City ofMiami Page 88 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 NA.11 11-00880 Commissioner Suarez: Thank you. Chair Gort: Well, thank you. This is hopefully something we'll continue to do constantly this year coming up. Mr. Hatten: Okay. Chair Gort: We'll be meeting with you all. Mr. Hatten: I'd just like to start earlier so we don't have to be -- Chair Gort: Yes. Mr. Hatten: -- pushed for time. Chair Gort: We all agree with you. Mr. Hatten: Okay, so -- Commissioner Suarez: Okey-doke. Chair Gort: Okay. Mr. Hatten: -- like I said, you guys let me know and I'll show up. Chair Gort: Thank you. Mr. Hatten: Okay. Thank you. Chair Gort: Appreciate it. Commissioner Sarnoff.. Thank you. Chair Gort: Yes, sir. Robert Suarez: Robert Suarez, Miami Association of Firefighters, Local 587. Commissioners, our members ratified the proposal this afternoon and I'd like to thank the Administration for working together with us on it and hopefully we won't find ourselves in this position next year and the bleeding stops. Chair Gort: Thank you. Mr. Suarez: Thank you. Chair Gort: Appreciate it. Thank you. Any further comments? 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), RATIFYING THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO LOCAL 587 FOR City ofMiami Page 89 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 THE PERIOD OF OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2012. 11-00880-Agenda Item Summary Form. pdf 11-00880-Legislation. pdf 11-00880-Exhi bit. pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0391 Chair Gort: Okay, we -- Do I have a motion to --? Priscilla A. Thompson (City Clerk): No, no. Mary Leckband (Assistant Director, Human Resources): We -- Ms. Thompson: You have to vote. Ms. Leckband: -- have a second. Chair Gort: You have another one? Ms. Thompson: Yes. There's a second pocket item. That first one was the AFSCME (American Federation of State, County and Municipal Employees) and now you have your IAFF (International Association of Firefighters). Chair Gort: Okey-doke. Ms. Leckband: Again, Mary Leckband, Department of Human Resources. The second pocket item is a resolution of the Miami City Commission, with attachments, raging the collective bargaining agreement between the City ofMiami and the employee organization known as the International Association of Firefighters, AFL-CIO (American Federation of Labor and Congress of Industrial Organizations), Local 587, for the period of October 1, 2011 through September 30, 2012. Chair Gort: Thank you. Do I have a motion? Commissioner Suarez: Move it. Vice Chair Carollo: Second. Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Chair Gort: Do we need to make the vote on the first one? First pocket item, we didn't vote on it. Ms. Thompson: Yes, you did. Chair Gort: We did? Ms. Thompson: Yes. City ofMiami Page 90 Printed on 10/21/2011 City Commission Meeting Minutes September 27, 2011 ADJOURNMENT Chair Gort: Okay. Any other items to come in front of this --? Vice Chair Carollo: Motion to adjourn. Chair Gort: There's a motion to adjourn. Is there a second? Commissioner Suarez: Second. Commissioner Spence -Jones: Second. I just want to just make a comment. I think we all feel the same way. We want to thank all the unions for really working along with us to get to the point of finally reaching a resolution. So I want to acknowledge you guys for really doing a great job. And we will work hard -- and we've given the City Manager a mandate to not start late, to really begin like now so that we don't have to, you know, like you said, find ourselves in a crunch again. So I want to at least thank you publicly for making that happen. And to the City Administration, I know, Johnny, you've had a lot to swallow in the last, what, 60 days, but we do want to acknowledge you and your team for getting it done. Chair Gort: Commissioner Sarnoff. Commissioner Sarnoff.. I just congratulate the Manager and fire union on -- all the unions for cooperating. And even like I said before, the unions that went to the very end, everybody inevitably saw that two plus two equals four. Math is universal. And you know, we're here -- everybody is here to serve. Chair Gort: Thank you. Commissioner. Vice Chair Carollo: No. I echo the sentiments of the other Commissioners. It's always better to be able to work together and come up with an understanding instead of imposing any contracts or so forth, so I'm glad that we were able to get it done. I know it's been difficult, but at the same time, I think the Administration has worked hard and using good faith. I think the unions have used good faith, and I'm glad that we've been able to come to some agreement. Thank you. Chair Gort: You know, one of the things I do whenever I'm going to try to get something done and there's a couple of parties involved, my question is do we want to do it or we don't want to do it. If we want to do it, we'll find ways to get it done. Andl want to thank all of you because it shows that we care about the City ofMiami. We believe the City ofMiami has got a future and it's a great city. And l want to thank all of you. Thank you. Ms. Thompson: Now if you want to entertain that vote on your motion to adjourn you can. Commissioner Suarez: Yes. Chair Gort: All in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. A motion was made by Vice Chair Carollo, seconded by Commissioner Suarez, and was passed unanimously, to adjourn the meeting. City ofMiami Page 91 Printed on 10/21/2011