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HomeMy WebLinkAboutCC 2011-10-13 Marked AgendaCity of Miami Marked Agenda 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 Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Thursday, October 13, 2011 9:00 AM City Hall Commission Chambers CONTENTS Items may be heard in the numbered sequence or as announced by the Commission PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA Item 1 which is comprised of items CA.1 through CA.6 may be heard in the number sequence or as announced by the Commission PA - PERSONAL APPEARANCES PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS ES- EXECUTIVE SESSION - 3:00 P.M. BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B City of Miami Page 1 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 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...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 9:00 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 PRESENTATION 11-00914 Honoree Presenter Protocol Item Latin Art Beat Mayor Regalado Certificate Winners of Merit Lorenzo Muniz Commissioner Certificate Spence -Jones of Appreciation Special Item Presentation of Resolution in Support of the National Guard and Reserves 11-00914 Protocol Item.pdf PRESENTED 1. Mayor Regalado presented certificates of merit to winners of the 2011 Latino Art Beat competition for their artistic genius and outstanding contributions to the elevation of creative expression; further honoring their dedication to this challenging undertaking that celebrates youth, art and Hispanic heritage and culture. 2. Commissioner Spence -Jones presented a certificate of appreciation to Lorenzo Muniz, paying tribute to Mr. Muniz's exceptional service and dedication as a City employee; further applauding his tenure as General Manager of the James L. Knight Center during which the Knight Center generated a significant profit for the first time in twenty-eight years. Chair Gort: At this time we're going to make presentations. Mr. Mayor, you're recognized. Presentations made. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Spence -Jones On the 13th day of October 2011, the City Commission of the City of Miami, 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 9:26 a.m., recessed at 12:28 p.m., reconvened at 3:04 p.m., recessed for an Executive Session at 3:22 p.m., reconvened from the Executive Session at 4:23 p.m., and adjourned at 6:28 p.m. Note for the record: Vice Chair Carollo entered the Commission chambers at 9:29 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Priscilla A. Thompson, City Clerk Chair Gort: (INAUDIBLE) with me is Commissioner Sarnoff, Commissioner Michelle Spence -Jones, and Commissioner Suarez. At this time I would like for the -- also on the dais with me City Manager, Johnny Martinez; City Attorney, Julie Bru; also on the dais is City Clerk, Priscilla Thompson. At this time I would like to begin the meeting with a prayer with Commissioner Sarnoff and the pledge of allegiance by Commissioner City ofMiami Page 3 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Spence -Jones. Commissioner Sarnoff: Ordinarily I would start a prayer off and I would say God, give us the good sense and the wisdom to affect the things that we can affect and the courage and the fortitude to know the things we cannot affect, and teach us how to debate and argue without involving any personal issues but merely looking into the issues. And that's ordinarily where I would start. Let me put it the best way I can today. Through all turmoil and through all issues there is always a solution if we simply address the issue and not address the person. We'll always go further in life. So I would ask your maker, whoever that is to you, to give you the wisdom to attack the issue but always reserve and preserve the person 'cause everybody has a perspective. No man has walked in another man's shoes at all and that's why this is a diverse dais. It comes with people with different perspectives and that is why there is a wisdom to a Commission. A Commission is an action of three or more people with their diversity, with their difference of views coming together and making a decision that, in their opinion, is the best decision for the City of Miami. So I would ask you all, to your maker, always ask that we attack the issue and not the person. Thank you. Invocation and pledge of allegiance delivered. MAYORAL VETOES (Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the city clerk as the first substantive item(s) for the commission consideration.) NO MAYORAL VETOES Chair Gort: Is any items -- any vetoes? Priscilla A. Thompson (City Clerk): There are no mayoral vetoes. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Special Meeting of September 9, 2011 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Frank Carollo Motion to APPROVE PASSED by the following vote. AYES: Regular Meeting of September 15, 2011 MOVED: SECONDED: UNANIMOUS Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Marc David Sarnoff Frank Carollo Motion to APPROVE PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones First Budget Hearing of September 15, 2011 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Frank Carollo City ofMiami Page 4 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Motion to APPROVE PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Gort: Do we have any minutes? Priscilla A. Thompson (City Clerk): Yes, we do, sir. Chair Gort: Okay. Ms. Thompson: Minutes to be approved this morning would be your special meeting of September 9, 2011, your regular meeting of September 15, 2011, and the first budget hearing of September 15, 2011. Chair Gort: Do I have a motion? Commissioner Sarnoff: So move. 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. Chair Gort: Thank you. END OF APPROVING MINUTES ORDER OF THE DAY Chair Gort: We'll now begin the regular meeting. And Madam Attorney, will you give us the rules -- the procedures. Julie O. Bru (City Attorney): Good morning, Mr. Chair, members of the Commission, Madam City Clerk, Mr. Mayor, Mr. Manager, members of the public. Any person who's a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the code section about lobbyist is available in the City Clerk's office. The material for each item that's on the agenda is also available during business hours at the 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 making offensive remarks or who becomes unruly will be barred from further attending Commission meetings, so please behave. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. And the Chair will announce at what time the recess for lunch will commence. We have advertised an executive session today that will take place sometime after 3 o'clock. And at this time also there will be some items that may be continued that will be -- or withdrawn. Thank you. Chair Gort: Thank you, ma'am. [Later...] Chair Gort: Any items the Administration like to pull or defer? Johnny Martinez (City Manager): Mr. Chair. Chair Gort: Yes. Mr. Martinez: PH.5, continue to November 17. City ofMiami Page 5 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Chair Gort: Wait a minute. PH.5. Mr. Martinez: Continue to November 17. FR.1, defer indefinitely. Chair Gort: FR.1, defer. Mr. Martinez: FR.2, defer indefinitely. Chair Gort: FR.2. Mr. Martinez: And RE.8, continue to November 17. Chair Gort: RE (Resolution)? Mr. Martinez: 8. Chair Gort: 8. Mr. Martinez: RE.8. Commissioner Sarnoff: What was your FR (First Reading)? You go through the FRs again? Mr. Martinez: The fire alarm registration fee and the vendors and peddlers. Commissioner Sarnoff: What were the numbers? I'm sorry. Mr. Martinez: FR.1 and FR.2. Commissioner Sarnoff: Okay, thanks. Chair Gort: Okay, any of the Commission would like to pull any item? Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: I see that RE.8 is going to be deferred. Can I get an explanation -- reasoning for the deferral? Mr. Martinez: There -- apparently the schedule will allow for it to go to the next meeting. At some point we have to hear the item and allocate the money to -- you know, for the repairs. But there's information that the Commission has requested that hasn't been provided to the satisfaction of the Commissioner. Commissioner Spence -Jones: And if I -- would you like me to speak on it? Vice Chair Carollo: Sure. I just want to know the reason for the deferral. Commissioner Spence -Jones: Okay, so. Vice Chair Carollo: I mean, but -- I mean, definitely, you're welcomed. Commissioner Spence -Jones: Do you want me to -- Vice Chair Carollo: Sure, yeah. Commissioner Spence -Jones: Okay. Basically, I have gotten some of the information on it. I've been waiting for the meeting for -- with Suffolk and for, I guess, the person that was kind of hired to kind of make sure that we met the deadlines; but I can tell you based upon the contracts and the agreements, I see a lot of discrepancies in what they were supposed to do. So to my understanding, I know CIP (Capital Improvements City ofMiami Page 6 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Program) -- Albert is really working on that now and he may have some other solutions that may even address this item that it may not even be an item that we have to even address. So I would just -- hopefully, we'll be meeting with them next week to resolve it and I feel pretty confident that we will. Vice Chair Carollo: Okay. Thank you, Commissioner. I was just asking 'cause, you know, it's been a month, and believe me, you have a Commissioner here that understands that a lot of times you ask for information, you ask for meetings and so forth, and it just doesn't get done. Commissioner Spence -Jones: Yeah. Vice Chair Carollo: I'm going to be deferring another item, which is, and I'll say, my capital -- you know, District 3's capital multi -year plan. And once again, I was scheduled for a meeting with everybody last week and it didn't occur, and we have to postpone it again, and we've been at this for quite some time, so I understand. I understand what you're saying. Commissioner Spence -Jones: Yeah. Vice Chair Carollo: I just want to make sure that, you know, this doesn't hold the process at Marlins stadium and, you know. Whatever information you have that now we address and say, Administration, can it be possible to have this information for you. Commissioner Spence -Jones: Yeah. I have to -- Chair Gort: Okay. Commissioner Spence -Jones: -- at least acknowledge that the Administration has really gone out their way to make sure that we get all the information, which I can say that Albert and his team has done a great job with that. Actually, I think that they are actually kind of surprised with some of the things that they found out in the midst of this too, so I don't want it to be an Administration thing 'cause it totally is not that. But I am waiting for Suffolk and the company that was supposed to make sure that the NDZ (Neighborhood Development Zone) zones were met. Vice Chair Carollo: MCO. Commissioner Spence -Jones: No, NDZ zones. Part of the contract included the small businesses and the workforce had to come from these zones, which are all of our districts. And quite frankly, in just looking at some of the numbers that it's not there. Vice Chair Carollo: Yeah. I think -- Commissioner Spence -Jones: So -- but I don't want that to be a staff problem. I think it's a issue that we need to really have a conversation with, you know, Suffolk to find out actually what happened. But I don't want to get into a long discussion on it right now because I think the item is --we've asked for it to be deferred. Chair Gort: Yes. Commissioner Spence -Jones: But I just wanted you to know it wasn't staff. Staff is totally on it. Chair Gort: Defer to what date, next meeting? Mr. Martinez: November 17. Chair Gort: November 17. Commissioner Spence -Jones: We should have it done by then, right? City ofMiami Page 7 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Mr. Martinez: Yes. Commissioner Spence -Jones: Okay. Mr. Martinez: There's a meeting scheduled for Monday. Commissioner Spence -Jones: Yes. Chair Gort: Yes. Okay. Vice Chair Carollo: Okay. Chair Gort: Thank you. Vice Chair Carollo: And again, I just want to verify 'cause my concern now, it's been a month. It's going to be, what, roughly another month. I just want to make sure that that time span it's okay with -- we wouldn't run into problems. What I don't -- what I'm trying to prevent is by deferring this again that we don't have issues in the future where, hey, the parking garages weren't built on time because you deferred this and so forth. Commissioner Spence -Jones: And if I -- Vice Chair Carollo: So I just want clarity. I want confirmation. Commissioner Spence -Jones: Okay. And I just want to make sure that I add on that -- 'cause that was one of the things that we discussed as well, and at this point that's not an issue for the Administration. The work is still continued. Chair Gort: Right. Albert Sosa (Director, Capital Improvements Program): Albert Sosa -- Commissioner Spence -Jones: This is not stopping the work. Mr. Sosa: -- director of Capital Improvements. This deferral does not impact the construction that's ongoing in the field, so I'm comfortable with the date of the new item. Chair Gort: Thank you. Any other item? Vice Chair Carollo: Yes, Mr. Chairman. And since I have Mr. Sosa here, I just want to verify -- obviously, you know I have to defer RE.1, which is the capital multi -year plan. I just want to confirm with you that you, Ms. Bravo, the Manager, you know, that's always welcome, can meet prior to the next Commission meeting so we could finally go through these different projects and so forth, get pricing, get costs and all that. We had the meeting last -- scheduled -- you know, I adjusted my schedule just to meet with you all and, you know, it had to be canceled in the last minute. So I just want to make sure that -- you know, it's important for District 3. We need to get this done. So we keep deferring it and deferring it one way or another, so I just want to make sure that we can meet hopefully sometime next week, maybe early next week Monday or Tuesday, and we could really start working towards this. Mr. Sosa: Through the Chair. Chair Gort: Vice Chairman, what I would like to suggest is defer all your items, but I have capital items in there that have been waiting for a long time and I want to get them done within that -- in that -- my understanding, in that -- included in there you have projects from District 1. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. City ofMiami Page 8 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Vice Chair Carollo: No. There's two separate items. This item does not include items from District 1, and you know, the director could speak towards that. Chair Gort: Yes. Mr. Sosa: There's two -- Vice Chair Carollo: Right. Mr. Sosa: -- capital items being heard today. One is RE.1, which is specific to District 3 Chair Gort: Okay. Mr. Sosa: -- and the other one is RE.6, which is the amendment to the expedite ordinance that has multiple items for multiple districts. Chair Gort: Okey-doke. Thank you. I just want to make sure we don't get affected. Vice Chair Carollo: Mr. Chairman, I'm very conscience of my colleagues and, you know, I made sure that there was no items from your district there or any other district. So I'm conscious to my colleagues' districts. So this deals specifically with District 3. Chair Gort: Thank you. Vice Chair Carollo: And, you know, again, I just want to make sure -- Chair Gort: You got your right -- yes, sir. Vice Chair Carollo: You know, I'm trying to work with the Administration. I've mentioned it, you know, Commission meeting after Commission meeting. And again, I want to, you know, continue working with them and see if we can, you know, make this happen. Mr. Sosa: We're completely -- Chair Gort: Okey-doke. Mr. Sosa: -- open to suggestions for times that you're available next week, and we're very happy to meet with you at your convenience. Vice Chair Carollo: Okay. Chair Gort: Thank you. Vice Chair Carollo: Again, Monday, Tuesday of next week is what I'm looking at. Chair Gort: Okay. Commissioner Spence -Jones: I just -- I'm sorry. Vice Chair Carollo: And with that, I want to then defer RE.1 to November 17. Chair Gort: RE.1, November 17. Mr. Martinez: Mr. Chair, I have one more item. Oh, I'm sorry. Commissioner Spence -Jones: Commissioner Suarez, can we --? Chair Gort: Commissioner Suarez, yes. Commissioner Spence --Jones: 'Cause he was about to say something, if you don't mind? City ofMiami Page 9 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Chair Gort: Excuse me. Commissioner Suarez: Sure. I just wanted to pull something from the CA (Consent Agenda), but go ahead and I'll -- Commissioner Spence -Jones: Okay. Commissioner Suarez: -- pull it whenever you guys are ready. Chair Gort: Yes, ma'am. Commissioner Spence -Jones: I just wanted to verify --'cause I think on some of those capital improvement projects, they're 3 and 5. It's something that I guess is split between both my district and your district, so I'm just trying to verify that. Mr. Sosa: I can address that. Commissioner Spence -Jones: So -- Mr. Sosa: The capital plan, as it's presented, includes several multi district projects. Commissioner Spence -Jones: Right. So in your -- because of the holdup, just so you know, I just want to make sure we're able to resolve it because I think at least two of the items are 3 and 5. Mr. Sosa: Right. Those -- Commissioner Spence -Jones: Correct? Mr. Sosa: -- specific items in the plan are -- those two specific projects are not being impacted by the action related with RE.1. The action with RE.1 in the capital plan for District 3 is specific to three items only. Approval of the plan for -- presented in RE.1 only covers three new projects. Everything else that was existing in the plans from before continues moving on. The three RE -- the three items that are affected is a pump station that Public Works has, local option gas tax for the pump station. It also includes some funds for some Miami River greenway projects in District 3 for the lighting, the FPL (Florida Power & Light) portion of that work, and the other one is the 12th Avenue NET (Neighborhood Enhancement Team) -- the former NET office on 12th Avenue. The balance of the projects are not affected by this -- by action or inaction on the capital plan. Commissioner Spence -Jones: Okay. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Yeah, but, you know, correct me if I'm wrong, I think you're missing the Commissioner's point. I think the Commissioner's saying that there's items in RE.1 that affect her district, and that's what she's concerned about, and I don't believe that's the case. Mr. Sosa: Right, and that's what I'm -- Commissioner Spence -Jones: No, no, that's not what I was saying. I was saying from your briefing yesterday -- and that's why I was trying to get a copy of that sheet -- there's two -- like three items that you and I -- I guess whatever work was done is a part of the bond issuance. My -- your district and I share it, meaning that cost is spread between your district and our district. He just clarified that it's not in this particular item -- Mr. Sosa: That's correct. City ofMiami Page 10 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Commissioner Spence -Jones: -- but there are some items, you know, that -- and I want to get a copy of that so you have it so we're on the same -- I didn't realize it until yesterday, that you and I have -- Mr. Sosa: Right. Commissioner Spence -Jones: -- areas where when they went out for bonds that we share. But I do want to mention this, though. We do know how sensitive this issue is. I know most of us have already voted on our items, so we're just waiting on yours in particular, but I think it affects the whole entire situation. So whether or not -- you know, I'm hoping that we can get this resolved by -- at least by November 17, like the Commissioner's asking, because we want to -- we don't want to have any issues with whether or not we're meeting our goals. 'Cause to my understanding, we have to meet our goals by a certain time frame without creating a issue. Right, Madam City Attorney? That's the briefing I got yesterday. So I just want to make sure that, you know, this last and final attempts that he gets everything that he needs so that we're not affected in any, you know, major way. And is there any reason why you want November --? Oh, is -- that's your suggestion, November 17. Vice Chair Carollo: Because that's the next Commission meeting. Commissioner Spence -Jones: November 17? No, it's the 20 -- I thought it was the -- Chair Gort: We have 27th. Commissioner Spence -Jones: Correct, we do have one on the 27th? Vice Chair Carollo: All -- Chair Gort: We have October 27. Ms. Bru: That goes to print tomorrow, so I don't know if they would be ready. Mr. Sosa: We -- Commissioner Spence -Jones: That's tomorrow. But I mean -- Vice Chair Carollo: No, no, no, no, no, no. Then you know what, no. Instead of November 17, I prefer October 27. Commissioner Spence -Jones: Please. Vice Chair Carollo: And if we're not ready for print -- Chair Gort: (UNINTELLIGIBLE) 9:59:11 make sure you get a meeting (UNINTELLIGIBLE) 9:59:13. Vice Chair Carollo: -- then I'll ask my colleagues to waive the five-day rule and show the project since it doesn't affect -- I mean, you know -- Chair Gort: I gotcha. Thank you. Commissioner Spence -Jones: I think that we have competent people -- Chair Gort: Okey-doke. Commissioner Spence -Jones: -- in the -- Vice Chair Carollo: That's why we're here. That's why we're talking. Chair Gort: Next meeting for the 27th, all right? City ofMiami Page 11 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Commissioner Spence -Jones: Okay. Vice Chair Carollo: Yes. So -- Chair Gort: Is that understood? Commissioner Spence -Jones: And we should be able to make it for the meeting -- Mr. Martinez: Yes. Commissioner Spence -Jones: -- correct? Chair Gort: RE.1 is going to be November -- I mean October 27, all right. Vice Chair Carollo: And let me ask you something. Is RE.8 also going to be October 27? Mr. Sosa: No, that's November 17. Vice Chair Carollo: Why --? Do you need that much time, Commissioner? Commissioner Spence -Jones: I -- we should -- Vice Chair Carollo: Can it be October 27 also? Commissioner Spence -Jones: -- resolved, right? Well, the meeting's not until Monday; I'd rather wait. Because the meeting's not until Monday, I can't post it. Vice Chair Carollo: Right, but your issue has nothing to do with RE.8. Commissioner Spence -Jones: Yes, it does. It has a lot to do with it. It has a lot to do with it. Mr. Sosa: We could place it on October 27 and it could be deferred -- Chair Gort: It could be deferred. Mr. Sosa: -- if it's not -- Commissioner Spence -Jones: Okay, if you want, you can go ahead and put it on again, but -- Chair Gort: Put it for -- Commissioner Spence -Jones: -- I'm just letting you know that it won't be resolved until Monday. Chair Gort: -- October 23 [sic], and then if you're not satisfied, you can always pull -- Vice Chair Carollo: Yeah. And then we -- Commissioner Spence -Jones: No problem. Chair Gort: -- for the next meeting. All right. Commissioner Spence -Jones: No problem. Chair Gort: Thank you. Any other --? Mr. Martinez: Mr. Chair, I have one more item. Chair Gort: Yes. City ofMiami Page 12 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Mr. Martinez: PH.3, continue to November 17. Chair Gort: PH.3, November 17. Mr. Martinez: Yes, sir. Chair Gort: Okay. Commissioners. Yes, Madam Attorney. Ms. Bru: Okay. Mr. Chair, I -- there's a settlement -- RE.7, which is the settlement on the Olympia building partnership claim -- Chair Gort: Correct. Ms. Bru: -- that I would like to have withdrawn. We're working closely with Public Facilities for the transition. In the event that this Commission authorizes the settlement, there would be then a transition of management over to Public Facilities, and there's still items that we're still trying to sort out. So this would be premature for you to consider at this time, considering some additional information that we need. Commissioner Spence -Jones: What number? Chair Gort: So -- RE.7. Ms. Bru: RE.7. Vice Chair Carollo: RE.7. Chair Gort: For what meeting? Ms. Bru: I'm withdrawing it. Chair Gort: Withdrawing it, okay. Ms. Bru: So when it's ready, I will put it back on the agenda. Chair Gort: Okey-doke. Commissioners, any items you'd like to have pulled? Commissioner Suarez: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Suarez: I don't know if it's appropriate to do it before or after we vote on all the continuances. Vice Chair Carollo: We should actually vote for this and then pull the CA items. Commissioner Suarez: That's fine. Chair Gort: I have a motion for all the -- yes, ma'am. Priscilla A. Thompson (City Clerk): If I might, just to be clear -- so our record is clear, may I read the items that are being indefinitely deferred, continued, whatever. Is that okay, Chair? Chair Gort: Yes, ma'am. Ms. Thompson: Okay. PH.5 is continued to the meeting of 11/17. FR.1 is indefinitely deferred. FR.2 is indefinitely deferred. RE.8 is deferred to the meeting of October 27. RE.1 is deferred to the meeting of October 27. PH.3 is continued to the meeting of November 17. And RE.7 has been withdrawn. Commissioner Sarnoff: Isn't there an RE.8 as well? City ofMiami Page 13 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Ms. Thompson: RE.8 is deferred to the meeting of 10/27. Commissioner Suarez: So moved. Vice Chair Carollo: Second. Chair Gort: It's moved and second. Moved by Commissioner Suarez, second by Vice Chairman Carollo. Is there any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. "[Later...]" Chair Gort: Okay. All we have is the executive meeting later on and board appointments. What time you like to come back? Yes, sir. Yeah. Commissioner Suarez: Mr. Chairman, are we going to -- Chair Gort: Mr. Mayor, you're recognized for -- Commissioner Suarez: -- vote on the FOP (Fraternal Order of Police) thing before lunch or --? Vice Chair Carollo: Yeah. Mr. Chairman -- Chair Gort: Yes. Vice Chair Carollo: -- I just -- if we could bring back the FOP contract the first item -- Chair Gort: Sure. Vice Chair Carollo: -- right after our lunch break? Chair Gort: Okay. Vice Chair Carollo: If that could be the first item that comes up so we could --? Chair Gort: Yeah. Vice Chair Carollo: Okay, thanks. City ofMiami Page 14 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 CA.1 RESOLUTION 11-00796 Department of Public Facilities CONSENT AGENDA A RESOLUTION, OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE DADE HERITAGE TRUST, INC., A FLORIDA NON-PROFIT CORPORATION ("LICENSEE"), FOR THE USE OF APPROXIMATELY 1,457 SQUARE FEET OF CITY -OWNED PROPERTY LOCATED AT 190 SOUTHEAST 12 TERRACE, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING SPACE FOR LICENSEE'S OPERATION, COMMENCING FROM THE EFFECTIVE DATE, WITH THE LICENSEE TO PAY A MONTHLY USE FEE TO THE CITY OF FIFTY DOLLARS ($50), PLUS STATE OF FLORIDA USE TAX (IF APPLICABLE), WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 11-00796 Summary Form.pdf 11-00796 Legislation.pdf 11-00796 Exhibit 1.pdf R-11-0394 This Matter was ADOPTED on the Consent Agenda. CA.2 RESOLUTION 11-00841 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING PAYMENT TO C.A. MECHANICAL, IN AN AMOUNT NOT TO EXCEED Department of Police $13,733.27, FOR EMERGENCY AIR CONDITIONING REPAIRS AT VARIOUS CITY OF MIAMI POLICE DEPARTMENT FACILITIES THAT EXCEEDED THE $50,000 CONTRACT AMOUNT; ALLOCATING FUNDS FROM THE POLICE GENERAL FUND, ACCOUNT NO. 00001.191501.546000.0000. CA.3 11-00841 Summary Form.pdf 11-00841 Letter - Notice of Award .pdf 11-00841 Document Routing Form.pdf 11-00841 Pre -Legislation .pdf 11-00841 Award Recommendation Form .pdf 11-00841 July 11 Projection .pdf 11-00841 Legislation .pdf R-11-0395 This Matter was ADOPTED on the Consent Agenda. RESOLUTION 11-00844 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY Department of MANAGER APPROVING THE FINDINGS OF THE EVALUATION Fire -Rescue COMMITTEE, PURSUANT TO REQUEST FOR PROPOSAL NO. 251230, THAT THE TOP -RANKED FIRM, FOR THE PROVISION OF AN City ofMiami Page 15 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 INTERNET-BASED TRAINING SYSTEM, FOR THE DEPARTMENT OF FIRE -RESCUE, IS TARGETSAFETY.COM, INC.; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR AN INITIAL TERM OF TWO (2) YEARS, WITH OPTIONS TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, ATA FIRST YEAR COST NOT TO EXCEED $40,135, A SECOND YEAR COST NOT TO EXCEED $51,240, A THIRD YEAR COST NOT TO EXCEED $51,240, A FOURTH YEAR COST NOT TO EXCEED $55,440, AND A FIFTH YEAR COST NOT TO EXCEED $55,440; ALLOCATING FUNDS FOR THE FIRST YEAR COST, FROM THE DEPARTMENT OF FIRE -RESCUE, ACCOUNT CODE NO. 00001.182000.546000.0000.00000; AUTHORIZING THE ALLOCATION OF FUNDS FOR THE REMAINING FOUR (4) YEARS, FROM THE VARIOUS SOURCES OF FUNDS OF THE DEPARTMENT OF FIRE -RESCUE, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 11-00844 Summary Form.pdf 11-00844 Memo - Recommendation of Evaluation.pdf 11-00844 Master Evaluation Form .pdf 11-00844 Legislation.pdf 11-00844 Exhibit 1.pdf R-11-0398 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Gort: CA.3. My question is we're trying to consolidate all of functions with the computer functions and software and so on. Why do we have to go outside of the -- what we have in existence? Can we provide that in here or --? Reginald Duren (Assistant Fire Chief) No, sir. What this system is is it provides online training unique to the fire service and EMS (Emergency Management System), in particular. So we had to go to a vendor which could provide some materials that has been authorized by the State and approved and will allow us to complete our necessary requirements for CEUs (Continuing Education Credits) associated with mandatory requirements of certifications. Chair Gort: Follow up my question -- I'm not an expert in this, but my understanding is this software you're buying, you're going to be able to apply it within the City system. You're going to be able to use it within the existing system that we have in the City? Mr. Duren: No, sir. It will be streaming from a Web site which will be hosted by this vendor. Chair Gort: Okay. I'll go back (UNINTELLIGIBLE) 10:05:53. Okay, thank you. I'll make -- Mr. Duren: Yes, sir. Chair Gort: Somebody make a motion, please. Vice Chair Carollo: So move. City ofMiami Page 16 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Commissioner Suarez: Second. Chair Gort: It's been moved by Vice Chairman Carollo, second by Commissioner Suarez. All in favor, state it by saying "aye." The Commission (Collectively): Aye. CA.4 RESOLUTION 11-00845 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING AN "ADOPT -A -TRAFFIC CIRCLE/STREET PROGRAM" FOR PURPOSES OF BEAUTIFYING THE CITY OF MIAMI'S TRAFFIC CIRCLES AND STREETS THROUGH LITTER REMOVAL AND LANDSCAPING MAINTENANCE EFFORTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE LITTER REMOVAL AND LANDSCAPING MAINTENANCE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 11-00845 Summary Form.pdf 11-00845 Legislation.pdf 11-00845 Exhibit 1.pdf R-11-0399 MOVED: SECONDED: UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Gort: Okay, CAs [sic] (Consent Agendas). Vice Chair Carollo: I think Commissioner Suarez -- Chair Gort: Yes, sir. Frank Carollo Francis Suarez Commissioner Suarez: Thank you, Mr. Chairman. I just wanted to pull CA.4 very quickly, and I wanted to thank the Administration and the City Attorneys office and Public Works for working together to put together this adopted traffic circle street program that I had brought as a discussion item a few months ago. I know Public Works is working very, very diligently, as I've been out there with him several times, to try to make our City look as beautiful as possible, and I know how hard it is given the workload that they have with the limited resources they have to accomplish their goals. So I think this is a nice idea to give our residents, to empower our own residents to be a part of that process. So I just wanted to take an opportunity to thank the Administration, thank Public Works, and thank the City Attorney's office for basically, you know, doing what was requested by this Commission. Thank you so much. And I move the item. Chair Gort: Okey-doke. Vice Chair Carollo: Second. Chair Gort: It's been moved. Is any other --? [Later...] Chair Gort: My understanding, before we have the public appearance, that we have a contract to approve, the FOP (Fraternal Order of Police). City ofMiami Page 17 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Vice Chair Carollo: We still have CA.4. Chair Gort: I thought we approved it already. No? Vice Chair Carollo: No. Chair Gort: Okay. CA.4. Vice Chair Carollo: Mr. Chairman, just real quick. I think -- you know, I applaud everyone that's worked on this so diligently and hard. I remember the discussion item that Commissioner Suarez brought and I thought, you know, it's a great idea. It's sort of like adopt -a -highway. And my issue was with regards to liability and I think that it's been addressed here, so you know, I thank the Administration. There's one area here that, you know, I just want to verify and confirm with the Administration. Actually two. Is the Department also the City? Because I'm seeing Department and City, Department and City. Is the Department also the City in the contract or in the adopt -a -traffic circle street program? Nzeribe Ihekwaba (Director): Good morning. Zerry Ihekwaba, Public Works. Could you repeat the question, sir? Vice Chair Carollo: Sure. My first question was is the Department the same as the City? Because I'm seeing here the City, the Department. In some place I see Department and/or City. Commissioner Suarez: Mr. Chairman, if I may? Chair Gort: Yes, sir. Commissioner Suarez: Just to answer the Vice Chairman's question. In the first paragraph -- Mr. Ihekwaba: Defines -- Commissioner Suarez: -- it says the City of Miami, hereinafter referred to as "City," and then the Public Works Department hereinafter -- Mr. Ihekwaba: Is the department. Commissioner Suarez: -- referred to as "Department." So I think -- Vice Chair Carollo: It's one in the same, but -- Commissioner Suarez: No, no. I think they're actually different. I think where it refers to as "City," that's where it's talking about the City; where it refers to as Department, it's referring to as the Department, and that's why they abbreviate it there at the beginning. Vice Chair Carollo: Excellent. Thank you, Commissioner. Thank you for that clarification. And then what I'm seeing is that in Roman numeral four and Roman numeral eight, it seems like it's a little contradicting because it appears in Roman numeral four we can -- the agreement shall be -- remain in effect for a two-year period. The Department or group may terminate this agreement for any reason within 30 days of written notice. But then it appears like in Roman numeral eight we need cause. The Department may suspend or revoke the group's participation if the group or director, you know, commits fraud or deception. So it appears like we're -- in one Roman numeral we're saying that either party -- in other words, it's like at will. Either party can actually terminate, and then at the same time, it seems like -- and then Roman numeral eight it says that we need cause or the City or Department needs cause. So I just wanted to know why not at will or is it, you know, a little difference? And if it is, what's the difference? City ofMiami Page 18 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 CA.5 11-00842 Commissioner Suarez: I can explain that as well, if you want, but if you -- Vice Chair Carollo: No. I mean, whoever. Mr. Ihekwaba: Can I --? Commissioner Suarez: I think -- Mr. Ihekwaba: Okay. Commissioner Suarez: -- some contracts are written such that you can -- they can be terminated for my reason, like you said, without cause, with 30 days' notice, so for any reason. But if there is cause, like for example, if there is a fraudulent practice, they want to be able to terminate it immediately. They don't want to wait the 30 days. In other words, if someone's engaged in a fraudulent practice, they want to be able to terminate it that same day. So I think there's a distinction between terminating it without cause and having a 30-day window to do that versus terminating it with cause and being able do that immediately. Vice Chair Carollo: Immediately. Chair Gort: Commissioner Suarez, if I may. Madam Attorney -- Vice Chair Carollo: Makes sense. Chair Gort: -- your opinion on this. Julie O. Bru (City Attorney): That is an accurate -- Chair Gort: Okay. Ms. Bru: --statement, yeah. Chair Gort: Okey-doke. So you confirm. Thank you. Mr. Ihekwaba: Okay. Chair Gort: Any further discussion? Being none -- Vice Chair Carollo: I -- Chair Gort: Yes, sir. Vice Chair Carollo: -- make a motion. Commissioner Suarez: Second. Chair Gort: It's been made -- the motion's been made by -- Commissioner Spence -Jones: Second. Vice Chair Carollo: Second by Commissioner Suarez. Chair Gort: -- Chairman -- Vice Chairman Carollo, second by Commissioner Suarez. 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 City ofMiami Page 19 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Department of Police ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: " FISCAL YEAR 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM," AND APPROPRIATING FUNDS, CONSISTING OFAGRANTAWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE, IN THE AMOUNT OF $449,495, TO PROVIDE FUNDING FOR TECHNOLOGY ACQUISITION AND EQUIPMENT IMPROVEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANTAWARD. 11-00842 Summary Form.pdf 11-00842 FY 2011 Justice Assistance Grant Prgm.pdf 11-00842 Legislation .pdf 11-00842 Exhibit 1.pdf R-11-0396 This Matter was ADOPTED on the Consent Agenda. CA.6 RESOLUTION 11-00843 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT Department of Police ENTITLED: "NIJ FISCAL YEAR 2011 PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANTS PROGRAM" AND APPROPRIATING FUNDS, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE/OFFICE OF JUSTICE PROGRAMS, NATIONAL INSTITUTE OF JUSTICE, IN THE AMOUNT OF $175,000, FOR THE DEPARTMENT OF POLICE; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. 11-00843 Summary Form.pdf 11-00843 NIJ FY' 11 Paul Coverdell Grant Prgm..pdf 11-00843 Legislation .pdf 11-00843 Exhibit 1.pdf R-11-0397 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda MOVED: Frank Carollo SECONDED: Marc David Sarnoff AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF CONSENT AGENDA Chair Gort: I'd like to pull out from this CA.3. I'd like to discuss it. Priscilla A. Thompson (City Clerk): I'm sorry, Chair. City ofMiami Page 20 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Chair Gort: Yes. Ms. Thompson: Because of what just transpired, what you now have is a motion on the floor to approve CA.4, so we're going to need to vote on that first and then go back to the pulling of the other items, if you don't -- if that's okay? Chair Gort: I think we should pull -- we should go through all the CAs [sic] (Consent Agendas) first, the ones we're going to pull, then make the motion for all of them, okay? Any other item? Commissioner Suarez: I'll withdraw my motion then. Ms. Thompson: Thank you. Chair Gort: Any other item? Okay, 3. I need a motion, with exception of CA.3. Vice Chair Carollo: There's a motion for -- I make a motion for approval of CA.1, 2, 5, and 6. I just want to add -- Commissioner Suarez: Second. Vice Chair Carollo: -- I want to add something to CA.4. So I make a motion to approve CA.1, CA.2, CA.5, and CA.6. Commissioner Sarnoff: Second. Chair Gort: It's been moved and -- by Vice Chairman Carollo, second by Commissioner Sarnoff. Discussion. No further discussion. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. PERSONAL APPEARANCE PA.1 DISCUSSION ITEM 11-00876 MARK LEWIS FROM THE NATIONAL PARK SERVICE TO MAKE A PRESENTATION TO THE CITY COMMISSION. 11-00876 Email - Mark Lewis National Park Srvc.pdf DISCUSSED Chair Gort: We have personal presentation from the Parks Department. Commissioner, it's yours. Commissioner Sarnoff: Yeah. Thank you, Mr. Chair. This is a personal appearance on behalf of the National Park Service. There's been a good deal of conversation out there as to what the City has agreed to and what the City hasn't agreed to, and I believe all we've had is a conversation, and I thought I'd give the park service -- the National Park Service the opportunity just to describe where they are in the conversation. This is something that has not been decided by any stretch of anyone's imagination. I thought they would have the opportunity to tell us what their thinking is so that we can at least put it out in the public so the conversation can begin and then maybe I could close with a couple of remarks. Obviously, this is something the Commission would approve with regard to any kind of plan going forward. But if you would allow the National Park Service to speak, I'd appreciate that. Chair Gort: Sure. Yes, sir. City ofMiami Page 2] Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Mark Lewis: Thank you, Mr. Chairman, Commissioners. And I'll make a lot of noise over here. Getting the microphone up high enough for my tall body. I will try to be quick. I'll do this here in maybe five minutes. Commissioner Sarnoff: Just need to give us your name and address. Mr. Lewis: I am. Thank you. My name is Mark Lewis. I'm the superintendent of Biscayne National Park, 9700 Southwest 328 Street, Homestead, Florida. Again, thank you for the opportunity to come and talk. Biscayne National Park is 173,000 acres of the reefs and the bay and the mangrove shorelines and the islands. It's one of the largest marine national parks in the entire system, and we know we receive at least a half a million visitors a year. Most of those are local. We -- it's kind of tough to count numbers of people on the water, so we know we get that many. We probably get more. We provide boating, sailing, paddling, snorkeling, scuba diving. If you enjoy recreating on the water, then Biscayne National Park is probably where you'd go if you live in Miami or if you're visiting from outside of Miami. We were first established as a national monument in 1968. We were redesignated as -- so we were later redesignated as a national park. And I think it's important just to hear why we were established. To preserve and protect for the education, inspiration, recreation, and enjoyment of present and future generations a rare combination of terrestrial, marine, and amphibious life in a tropical setting of great natural beauty. Anyone who lives down in Miami or Miami -Dade County would agree this -- the National Park is a spectacular place. Four different ecosystems, the coral reef, the tropical hardwood hammocks of the islands, the mangrove forest that is on the islands, as well as the mainland and the sea grass meadows and over 10,000 years of human history. One of our biggest challenges is to provide education. We reach out and instruct somewhere in the neighborhood of 6 to 7,000 students each year in some manner. Some of those are on site. We have education camps out at Elliott Key. Some of those are our rangers going into schools and talking to students throughout Miami -Dade County. A lot of those are people who appear in our visitor center. But we don't get a whole lot of people because most of the folks who use the park live in Miami, and our headquarters is all the way down in Homestead, just north of Turkey Point. One of the concepts that superintendents before me and myself had been talking about is can we establish a visitor center presence in the Miami area. There's -- we looked at some areas out at Virginia Key. We looked at some areas here in Coconut Grove. And we think that there's potential, potential to attract Miami residents as well as out-of-town visitors, and we would do that by establishing some kind of structure with a very distinctive external design and then providing displays and exhibits representing the park, the reefs, the shipwrecks, the other wonders of the park. We would also want to have -- be on the water so that we could have a tour boat operation running from the park -- or from the visitor center out into the park for snorkeling and other activities. One concept -- and again, this is just a concept -- would be to place a National Park visitor center in -- the location is where the red is --where the old convention center now stands. That's one concept. We know that there is a desire to keep as much greenway as possible in this area, and we think that we can work with the City to accomplish that. We know that there is desire to keep a walking path along the Bayfront. We think that would fit in perfectly with what we're trying to accomplish. This is just the beginning of a discussion. The National Park Service would have to figure out how we do this legally. The City would have to figure out how they want to contribute to this. There's a lot of steps along the way and, certainly, as the Commissioner said -- Commissioner Sarnoff said, no agreements have been made. We're a long ways away from agreement, but we're really interested in beginning those discussions and trying to determine if we can come up with an agreement. Any questions that any of the Commissioners would have for me? Commissioner Sarnoff: No. I just -- Chair Gort: You finish? Commissioner Sarnoff: Again, Mr. Lewis, I just want to be very clear that, you know, you approached us; that it was a conversation that is at the very beginning stages; that there's been no site plans. There's been no agreements. There's been even no memorandum of understandings even entered into between anyone from National Parks City ofMiami Page 22 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 [sic] or the City. Mr. Lewis: That is 100 percent correct. No agreements have ever been signed. We -- this is all conceptual, although I'm optimistic that at some point in the future we'll get to those agreements. Commissioner Sarnoff: All right. Any -- Chair Gort: I have a question. Will you be establishing programs for our kids can participate in special neighborhoods away from the marine? Mr. Lewis: We've -- primarily, we focus on schools and -- but -- so the answer is yes, in the educational setting. Chair Gort: Okay, thank you. You had a question. Commissioner Spence -Jones: Just -- Chair Gort: Yes. Commissioner Spence -Jones: -- Commissioner Sarnoff, I know that you mentioned that NPS (National Park Service) kind of reached out to, but I'm sure in your minds -- in your thoughts -- I mean, is the idea to kind of start with Dinner Key first or that would be the main location? Like mostly -- Commissioner Sarnoff: Well -- Commissioner Spence -Jones: I mean, I understand the waterfront part of it is excellent, and that's the beauty that I think we should be really highlighting and making sure that, you know, not only our residents but people that visit actually have the opportunity to explore it. But my question, you know, especially our waterways, we share -- well, we split like -- I believe by the manatee area, north. And my question is is the idea to kind of start with or maybe perhaps include it here in the Grove, but also is there an outlet to maybe include something on the north side of town as well? Commissioner Sarnoff: I don't even think the conversation has -- I think it's a great idea. I don't think the conversation -- like a Legion Park and north type thing. Commissioner Spence -Jones: Yeah. Commissioner Sarnoff: The idea behind it was to see if -- you know, a lot of people have spoken about what's going to go on with the Convention Center once Burn Notice leaves. Commissioner Spence -Jones: Oh, okay, okay. Commissioner Sarnoff: And I certainly have been very clear in my vision. I never wanted -- let me say it right. We voted for Burn Notice to help pay for the master plan, but the Convention Center's going to come down. Commissioner Spence -Jones: Right. Commissioner Sarnoff: In the Sasaki plan there was ample space and ample opportunity for what they call the community center. Commissioner Spence -Jones: Okay. Commissioner Sarnoff: So could this be incorporated with a community center, nobody's even had that conversation. The part of this that I really like in the conversation is it brings visitors to Coconut Grove, it brings school kids to Coconut Grove, it brings a lot of attraction to Coconut Grove in a very good spirited way. If you've ever been to a National Park Service -- and just to name a few of them, Yellow City ofMiami Page 23 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Stone National Park, Glacier National Park, Everglades National Park, Canyon Lands National Park. These people don't build things -- Commissioner Spence -Jones: Yeah. Commissioner Spence -Jones: -- they preserve things. Commissioner Spence -Jones: No. I got you. Commissioner Sarnoff: So I don't know how many of you have been -- I don't know if the word is criticized or mentioned or suggested that there's going to be some sort of a Bayfront built here some day. This would be a great statement: That there never will be a Bayfront built here, but that the National Park Service could be a custodian of a piece of property here and continue to use and green up the space. And the part I like about it, Commissioner Spence [sic], is that they'll bring their own money. Commissioner Spence -Jones: Yeah. Commissioner Sarnoff: You know, the National Park Service -- you know, I -- he'd probably say I'm a little wrong, but the smallest national parks has ever brought to any community is something in the neighborhood of $300 million and that's the smallest one I could find, so you know, let's just surmise for a moment it could be $300 million. Commissioner Spence -Jones: Well, we love that. Commissioner Sarnoff: Right. It would just be a huge stimulus and a huge opportunity for people who are not enjoying Biscayne National Park to use this -- Chair Gort: There's goes your budget. Commissioner Sarnoff: Right. -- as a departure point. Now, no doubt about it, you all have to, in your budget turmoils, come up with a certain amount of money, but again, the conversation just began. I think from a business standpoint, it will bring people into the business community of the Grove. I think from an educational standpoint, it will allow opportunities for those that don't have it to go to national parks because getting to Homestead's pretty tough. Commissioner Spence -Jones: Yeah. Commissioner Sarnoff: Getting to Coconut Grove is maybe not all that tough, and -- Commissioner Spence -Jones: And normally, how does it work, Commissioner Sarnoff? Is it -- they're only able to have one in a city or --? Commissioner Sarnoff: This is ground -breaking stuff because usually you guys use your own land. Am I right? Mr. Lewis: Correct. Commissioner Spence -Jones: Oh, okay. Commissioner Sarnoff: So they would be asking us to set aside a certain portion of land, do a small improvement to that land, and they're not settled on any particular space. And then they would attract -- what national parks does is it attracts vendors around them, so tour operators would come around, people would get out to the water. If you look at his map, the direction from Coconut Grove is a very direct connection to the National Park so the ride would be shorter, it would be -- This is a concept that's not been vetted in the community very much, but it's a concept that is worth a conversation because what you all saw with the Sasaki plan could be achieved in a very quicker way Commissioner Spence -Jones: I gotcha. City ofMiami Page 24 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 9:00 A.M. PH.1 11-00759 Commissioner Sarnoff: -- if you incorporate this as part of the community center. Commissioner Spence -Jones: And then my question is, let's say if -- again, this is -- I don't want to make it a long discussion. I think your idea was really to kind of bring it as maybe perhaps a concept that we, you know, can maybe chime in later and figure out whether or not it makes sense, which I think is very smart. I just want -- you know, I'm always going to try to figure out a way to make sure we spread it around. Even though this particular area is not in my district, Virginia Key, I think that also there's some great, you know, opportunities out of Virginia Key to also include that as well only because there's a lot of indigenous everything out there. It's a little different from the Grove. I mean, it's a different element. But I think that there's a lot of things to explore out on the Key as well. So I would just make the recommendation that we consider both areas because I'm sure Virginia Key could also use the support in some manner to help program it, to you know, help plan it, or whatever the case may be. So I would just -- both of those things are in your district, but of course, you know I do have some sort of emotional attachment to the Virgin -- to Virginia Key, so I would like to only make that suggestion that you consider looking at that space as well. Commissioner Sarnoff: And think about this: If we could make the linkage by the water Commissioner Spence -Jones: Yes. Chair Gort: Yes. Commissioner Sarnoff: -- then you won't have Key Biscayne residents complaining that we're using the Key too much. So the Grove could be potentially a good linkage not only -- I guess it would out to the east by Virginia Key, but to the north from a Legion Park scenario where you don't concentrate your traffic, so to speak. You could put it on the water. That becomes its own experience. This has a lot of potential. It has not been thought through. Commissioner Spence -Jones: But love to -- in any way that we can support on our end, I definitely would love to do that. Chair Gort: I think mainly what we're saying is we would like to work with you and we'll welcome you, and at the same time, thank you for your presentation, Mr. Lewis. Anything else, Mr. --? Mr. Lewis: Thank you very much. Chair Gort: Any questions? Commissioner Sarnoff: Thank you, Mr. Lewis. Chair Gort: Thank you, sir. I appreciate you taking time to come in front of us. We welcome you back. Mr. Lewis: Thank you. END OF PERSONAL APPEARANCE PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 25 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Department of ATTACHMENT(S), AUTHORIZING THE CONVEYANCE TO LIBERTY CITY Community COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, WITH Development PARCEL REVERTER PROVISIONS, OF THE CITY OF MIAMI OWNED PARCEL OF LAND LOCATED AT 5899 NORTHWEST 17TH AVENUE,MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION OF ELIZABETH MANOR PROJECT, A MIXED USE PROJECT, AS STATED HEREIN; ALLOWING FOR THE ASSIGNMENT OF THE PURCHASE AND SALE AGREEMENT TO THE PARTNERSHIP TO BE FORMED FOR THE DEVELOPMENT OF THIS PROPERTY; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 11-00759 Summary Form.pdf 11-00759 Notice to the Public.pdf 11-00759 Legislation.pdf 11-00759 Exhibit 1.pdf R-11-0400 MOVED: SECONDED: Michelle Spence -Jones Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones ABSENT: Commissioner(s) Carollo Chair Gort: Public hearing. PH.1. George Mensah: Good morning. George Mensah, director of Community Development. PH.1 is a resolution authorizing the City Manager to execute a purchase and sale agreement, in substantially the attached form, with Liberty City Community Economic Development Corporation, with parcel reverter provisions, for the construction of 64-unit tax credit project. Chair Gort: Thank you, sir. It's a public hearings [sic]. You're welcome to come over here and use this mike. Mariano Cruz: Public hearing. Mariano Cruz, 1227 Northwest 26th Street. I happen to be vice president of the Allapattah Homeowners Association, which is in District 5. It used to be District 1 but most of the people live there. I am also talking as a registered lobbyist for Allapattah Business Development Authority; will give me more than two minutes as a lobbyist, okay. 2634 Northwest 21 Terrace, Miami. And I am everything that's for development, you know, but I question Neighbors and Neighbors. And I told Leroy Jones I like him. I've been at the McDuffie vigil there, Neighbors [sic] of the Same Mind. I know because I go there. I live there in Allapattah since 1965. I could live anyplace. I got the wherewithal to live anyplace, anyplace. Commissioner Spence -Jones: He's talking about a different item. Mr. Cruz: To live in anyplace, but I choose to live there. My children had gone to Allapattah (UNINTELLIGIBLE) 10:49:39 School, Robert Lee Dunbar, West Dunbar. I stay in the neighborhood. But you know, it bothers me that I go to the budget hearing of the County and I listen to everybody. "Thank you, Leroy." "Thank you for the mom-and-pop." And they -- Carol Taylor -- Little Havana go over there, whatever. He come and say thank you, and we -- Leroy had given money to this and to Allapattah. Mention that Leroy had given -- and I send people there to the Caleb for the grants, they City ofMiami Page 26 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 didn't get a penny. Commissioner Spence -Jones: Mr. Chairman. Chair Gort: We're on PH.1. Commissioner Spence -Jones: We're on PH.1. You're -- that's PH.2 you're speaking on. Mr. Cruz: No. I am talking about -- I don't know. Commissioner Spence -Jones: Yeah, that's PH (Public Hearing) -- Mr. Cruz: I am for that. I am for all the development there. But I question NANA (Neighbors and Neighbors Association) because this is my chance -- Commissioner Spence -Jones: Right. Chair Gort: Okay. Mr. Cruz: -- to be there for the public hearing. Commissioner Spence -Jones: You got to do it for number 2, though, not number 1. Mr. Cruz: Hmm? Chair Gort: We're on -- Commissioner Spence -Jones: It's number 2. Chair Gort: That's number 2. Commissioner Spence -Jones: PH.2. Chair Gort: You'll get a chance to talk -- Commissioner Spence -Jones: We're on PH.1. Mr. Cruz: Oh, okay, okay, okay, okay. Commissioner Spence -Jones: So -- Chair Gort: Thank you. Mr. Cruz: So I stay. Grady Muhammad: Yes, no problem. Mr. Cruz: I have a meeting at 11:30 so that give me enough time -- Chair Gort: Okay. Mr. Cruz: -- to be there. Chair Gort: Thank you, sir. Mr. Cruz: I like to see you stay in that chair. Thank you. Chair Gort: Thank you. Mr. Muhammad: Good morning, Mr. Chair. Chair Gort: Yes, sir. City ofMiami Page 27 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Mr. Muhammad: Grady Muhammad, president and CEO (Chief Executive Officer) of Miami -Dade First, Inc, 5426 Northwest 7th Avenue. PH.1 should not be given to the Liberty City Community Development Trust. The black community called it the Liberty -- the former Liberty City who we don't trust and don't care nothing about us. For five, six years this organization -- five years, since 2006 -- was created; done nothing, create no jobs, built no houses, assisted no busineses. Did nothing. And you're now going to give them this land so they can only sell it and make some money. These are the same folks who we just sunsetted, the Liberty City Trust, so why are we going to now give this to Elaine Black and the rest of -- and roughly the same people when we should give this actually to Curley's House, a black organization helping the elderly in the community. In 2009 of September 22 Department of Community Development gave Curley's House the former high price low supermarket, 1301 Northwest 54th Street, but as part of that they gave a scriveners -- or not a scriveners error. They gave a caveat. They had to pay the 50, $60,000 in back taxes, plus the water bill on the property. Curley's House is like all nonprofit. They don't have any money. So to give them a building that they're required to pay back taxes on and a water bill that they never created, they'll never be able to acquire the property and expand their services. If you gave this to Curley's House and they serve this, then they can pay the back taxes, the City could get their money, the County get the money, and we'll be a win -win partnership for Curley's House of Style being able to feed the elderly in District 1, and more importantly, it'll create jobs and expand services. Liberty City Communtiy Development Trust did nothing for five years. We funded them. They used all of the money, the Model City Trust, that previously built the homes, so why would we give to the same people who did nothing in Liberty City money or land to let them create more additional unrestricted revenue to do nothing again in Liberty City? No, sir. No, ma'am. Thank you. Chair Gort: Thank you, sir. Anyone else? Anyone else? We close the public hearings [sic]. Commissioners. Commissioner Spence -Jones: Mr. Chairman -- Chair Gort: Yes. Commissioner Spence -Jones: -- as you know, this is my district. I'm not going to go back and forth about what has happened in District 5. As you know, I've lost two years in making things happen. In those four years, I actually got a lot accomplished in the heart of Liberty City. So at this point, we definitely have to get something moving on these lots. These vacant, abandoned lots happening in my district is not helping move the community at all. The crime situation is out of control and every vacant lot we have, it creates an issue. So at this point, I move the item and support it. Commissioner Suarez: Second for discussion. Chair Gort: It's been moved by Commissioner Spence -Jones, second by Commissioner Suarez. Discussion. Commissioner Suarez: Thank you, Mr. Chairman. I have a question for you, Mr. Mensah. When we briefed on this, I asked you -- and this kind of goes a little bit to Mr. Muhammad's point -- you -- I asked you, did this not -- did this lot not at some point in the future go to an RFP (Request for Proposals) process, and you answered -- Mr. Mensah: Yes. Commissioner Suarez: -- that it had. Mr. Mensah: This lot and most of the lots in Liberty City Trust area went through an RFP process. This is a lot that's only 5,000 square feet and by itself, you basically can't do anything. We didn't have any takers at that time. Commissioner Suarez: It's how many thousand square feet? City ofMiami Page 28 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Mr. Mensah: Five thousand. Commissioner Suarez: Right, yeah. So it's a tinny lot. Mr. Mensah: Yes. Commissioner Suarez: And it's is being next to another property that's going to create affordable housing for the entire area, correct? Mr. Mensah: Yes, that's correct. Commissioner Suarez: Let me ask you something -- and just 'cause I wanted to address Mr. Grady's point -- Mr. Muhammad's point -- did Curley's House bid for the lot when it was RFP'd? Mr. Mensah: No, Curley's House did not bid at the time when we had the RFP. No, they did not. Commissioner Suarez: Okay. That's all. I just wanted to address his concern. Chair Gort: Okay. Thank you. Mr. Mensah: And I just -- Chair Gort: Any further discussion? Mr. Mensah: -- want to make a correction. Chair Gort: Yes. Mr. Mensah: And the fact that -- he indicated that this is going to be sold. No, there is no selling of anything involved here, so I just want to put on the record. Commissioner Spence -Jones: And I just want to also add, you know, it's already very difficult to get things done in my district. And the one thing that I've learned in these last two years is, you know, I cannot focus on negative energy. I have to focus on, you know, what we need to do to see things happen in my district. As I stated already, I've lost the two years, and it's extremely important that whatever we need to do to get these projects moving, we need to get them moving. This lot is a very small lot next to Mother's Day Care. You can't build anything on it. You can't do anything with it. And I'm glad that it is abutting a piece of property that we can create something on that block. Seventeenth Avenue, we have several vacant lots that we need to get something going on. So I just wanted to make sure that we're clear. I'm not sure, you know, what the confusion was on the lot. Curley's House has absolutely nothing to do with this item and neither the land that they're requesting. The supermarket has absolutely nothing to do with this so I'm not even understanding why it even came up as a discussion. So at this point we've moved it and we second it. Chair Gort: We have a motion and a second. Any further discussion? Yes. Commissioner Sarnoff: First off, I want to thank the district Commissioner of that district for explaining -- and I want to thank Commissioner Suarez 'cause a lot of things get said up here and we don't always refute them, and people walk away saying, oh, that must be. And I think it's incumbent upon all of us -- number one, I do support every district Commissioner and their district 'cause I think they understand their district infinitely more than anyone else up here. But I think it's imperative when we vote on something that we put some evidence, some reputation that what was said was not correct. There was an RFP. They didn't bid for it. And by now everybody should understand that you don't just give out things; that there are requests for proposals, RFP processes, and the City goes through those processes. And I want to thank Commissioner Suarez for putting it on the record. This is an easy vote. It's not a hard vote. And we'll move from there. City ofMiami Page 29 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Chair Gort: Thank you. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. PH.2 RESOLUTION 11-00760 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXTEND THE Department of AGREEMENT END TERM DATE, BETWEEN THE CITY OF MIAMI AND Community NEIGHBORS AND NEIGHBORS ASSOCIATION, INC., FROM OCTOBER 15, Development 2011 TO OCTOBER 15, 2012, TO ALLOW FOR THE COMPLETION OF THE REHABILITATION AND CONSTRUCTION IMPROVEMENTS OF THE PROPERTIES LOCATED AT 5861 NORTHWEST 17TH AVENUE AND 5841-45 NORTHWEST 17TH AVENUE, MIAMI, FLORIDA, KNOWN AS THE DISTRICT 5 BUSINESS CORRIDOR EXPANSION PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER TWO TO THE EXISTING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID ENTITY, FOR SAID PURPOSE. 11-00760 Summary Form.pdf 11-00760 Notice to the Public.pdf 11-00760 Pre-Legislation.pdf 11-00760 Legislation.pdf 11-00760 Exhibit 1.pdf 11-00760-Submittal-Commissioner Sarnoff-Email From WASD.pdf R-11-0401 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Gort: PH.2. George Mensah (Director, Community Development): PH.2 is a resolution authorizing the City Manager to extend the agreement with Neighbors and Neighbors, Incorporated, from October 15, 2011 to October 15, 2012, for -- so that they can complete one of the projects that is going to be built and that is part of this project. Just as a background, this project includes two buildings. One of them is a day care center, which is almost complete. The other one is a restaurant. And at the time when the project was started, it was just a simple rehabilitation, but the restaurateur wanted to expand the facilities so that they can become a full-scale restaurant, and they ran into trouble with WASA (Water and Sewage Authority), the amount that WASA was requesting, and so they're going back to making it a very simple resolution. So this is (UNINTELLIGIBLE) 10:57:22 an extension. Chair Gort: My understanding -- I think it's very important that we bring this up. Every time there's a new project coming up -- we have a lot of problems with WASA. My understanding is the existing infrastructure they have is kind of small, and they improve on the infrastructure. They want to be paid by the businesses when we open up any business. I think that's something we need to look into, Mr. Manager. We need to work with WASA. And also at the same time, you had the other process that HUD (Department of Housing and Urban Development) requires, the contamination. City ofMiami Page 30 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Mr. Mensah: Well, the first -- in the first part -- this is a new restaurant. So in the first instance, we had asked for an extension because of the fact that there was a HUD requirement that they remediate some of the environmental issues, which they have completed. Chair Gort: Right. Mr. Mensah: But the issue -- this issue now is a WASA issue that they couldn't pay. Chair Gort: Right. Mr. Mensah: As a matter of fact, they got a letter somewhere around August and they were being asked to -- Chair Gort: But it's important that people understand why some of the projects sometimes takes as much time as they do. Thank you. Mr. Mensah: Yes. Chair Gort: Yes, sir. Open public hearing. Grady Muhammad: Grady Muhammad again, Mr. Chairman, Commissioners. Public Hearing 2. We're talking about a RFP (Request for Proposals) process and we're talking about timelines. Let's talk about the Osun 7th Avenue commercial revitalization that was approved September 22, 2005. We're in 2011. It hasn't started. These projects was approved in 2008. The day care that's being renovated is also a part of the housing, so we're spending good money after bad money 'cause we're going to spend money to fix the windows and everything, and the next minute we're going to knock that building down because we using the lot in PH.1 to combine the total development from 58th Terrace to 59th Street and then we're knocking the day care down and everything and we're going vertical. I'm in favor of the housing and apartment, but we're using -- the money that we're currently spending to renovate the building, we're going to knock that day care down and make that a combined project. Again -- but we have all of these projects, 1371 61st Street, that was three years ago for girls aging out of the foster care system. You need to check this. There is nobody but the reverend who we gave the property is living there. Then we also have -- we don't want to talk about Miami Dream Homes: six years, seven units, still not finished. These are all projects in your district, Commissioner Spence -Jones, District 5, and nothing is happening. And finally, economic development for microenterprise for businesses. District 2 came out in May of 2005. District 1 -- I mean, excuse me -- District 5 came out January 4; was due January 18. Here we are, October 13. Guess what? Contracts are still not executed for small micro businesses for $10,000 from January 2011. Here we are, October. And for District 5 or District 2, microenterprise grants have not been executed. They stayed up in the Finance Department for over a month. So we talking about expediting projects. We got to get these projects out 'cause these small businesses need some help and someone -- Chair Gort: Thank you, sir. Mr. Muhammad: -- needs to be able to pay. Mr. Chair, thank you. Chair Gort: Thank you. Mariano Cruz: Now -- it's Mariano Cruz, 1227 26th Street and also 2634 Northwest 21 Terrace, ABDA, Allapattah Business Development Authority. I am talking as a registered lobbyist of ABDA, okay, so you know. And I question NANA (Neighbors and Neighbors Association). Not only that, I am -- I like that. I like the neighborhood. Even I went there to protest the closing of the finance station of the Post Office on 62 Street. The Post Office close the station there that the people now have to go to either Buena Vista or Allapattah, to other places. Old people that live out of there that they don't take, you know, the bus or anything. And I was there with my union, the National Association of City ofMiami Page 31 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Letter Carriers and the American Postal Worker Union to protest with a post office and (UNINTELLIGIBLE) 11:01:19 big jobs and big (UNINTELLIGIBLE) 11:01:22. They don't care, but they work for us. I question NANA 'cause I went to the County budget hearing and you could see -- and I don't go there to beg for anything or anything because I don't have to beg there. Everybody went to the County board, thank you, thank you for the money you gave me. All of them, thank you, thank you. Not me because I get my money from the federal: veterans, Social Security, OWCP (Office of Workers' Compensation Programs), deferred comp, everything. I got investment property. I don't pay taxes here to the County in my homestead, but I got investment property in Miami Lakes and in Kendall, so I pay a lot of taxes there and I pay taxes federal. And the County, the money they give for NANA is federal money or County money or back taxes too and the taxes of the business people in Allapattah. And you know, the people went there, thank you. Thank you, Leroy. Thank you, oh, you give me money. And I sent people there to ask for the small grants because they need it, the mom-and-pop. But in Allapattah, they get zilch, nothing, nothing, because they disqualify. Oh, you -- they -- were you arrested, yes or no? You forget to mark no. You forgot to mark no. Come on, don't give me that. I knew the people there. And they went to the Caleb Center. They followed all the procedure. They laugh at them. They laugh at them. And I told Leroy, don't make me or my people lose time because time I cannot go and buy to WaI-Mart and buy one hour or two hours, no. 'Cause time is lost, it's gone forever. Time is more important than money. No, no. Like I am dedicating my time. I don't get paid for I dedicate my time here. Leroy come here and he get paid a big check. He doesn't work for free. He get a big check. Check how much -- I know how much he make because it's public record, okay. Don't tell me because I know how to do research. I am a paralegal too, okay. I can read everything. And like I told Marc Sarnoff, I use a magnifying glass with a Tight to check everything, and I saw there Mrs. Carol Ann Taylor (UNINTELLIGIBLE) 11:03:36: Thank you, Leroy. You give money to Liberty City, to Wynwood, and to Allapattah. She mentioned Allapattah, and I say what money they had given to Allapattah. I send people there. They got broken ice machines and they need some money to buy. No, they couldn't buy. Had to buying little bags of ice every day. Come on. And you know how the business are. Business have like -- the guy from Access Tool, he got to close his tow truck business and put a little thing there because he couldn't sell the truck because there is no finance for the trucks, you know, and that's hard. So he got to lay off people and he got to use money from his children college to -- just to survive. And people in the ivory towers, they don't realize that. And they couldn't give a little grant to these people that work, the small business that support America. It's not (UNINTELLIGIBLE) 11:04:30. It's not Wall Street. What do Wall Street do? Tell me. Nothing. They shuffle papers around. No. I am tired of these people coming and say -- because Allapattah pays a lot of taxes to the County, all those businesses there. They don't get homestead and you know that; you live there in Allapattah. Chair Gort: Yes, sir, I do. Mr. Cruz: And thank God -- no. Now in conclusion, I tell you -- Chair Gort: Please. Mr. Cruz: -- remember, one (UNINTELLIGIBLE) 11:04:53 going to be 14th Avenue. I hate to take my detour every day when I go by 14th Avenue there. Chair Gort: Right. Mr. Cruz: It's going to be fixed soon, finished? Chair Gort: I hope so. Mr. Cruz: I know. Chair Gort: I hope so. Mr. Cruz: Okay. Well, thank you very much. And I -- Mr. Sarnoff, I expect to see you there pass November 1. I see you sitting down there. City ofMiami Page 32 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Chair Gort: Thank you. Mr. Cruz: That way I can sit in front of you here. Chair Gort: Thank you, sir. Mr. Cruz: Thank you. Chair Gort: Leroy, I'm glad he likes you. Leroy Jones: Well, if Commissioner Sternoff [sic] remember, the last time me, him, and Grady was here, Commissioner Sternoff [sic] had to made him sit down because they was praising me so much, like I was the greatest thing that walked on water not long ago. I could do no wrong, the same two people. Chair Gort: You are? Mr. Jones: They was -- I mean, I was like -- Chair Gort: I'm sorry. Mr. Jones: -- the man that -- Chair Gort: Excuse me. Commissioner Spence -Jones: Leroy, just -- Mr. Jones: -- saved the world. Commissioner Spence -Jones: -- state -- Chair Gort: You are? Commissioner Spence -Jones: -- your name. Chair Gort: Who are you? Mr. Jones: Leroy Jones -- Chair Gort: Good. Mr. Jones: -- 180 Northwest 62nd Street. You remember, Commissioner Sternoff [sic], just long ago, both of them. They was like, "Man, Leroy is the man. Help Leroy. Give Leroy all the money. He did great. He doing this." Chair Gort: Okay. Mr. Jones: Wonder why. Ask --think why they change they minds. Just think. There's a reason why. Just think why. The Osun Village project, the bids for the contractors is in today. We accepting the bids for the project today, so by Monday we'll announce what contractor is going to do that work, and I'm expecting no more than 30 days the construction will start on that project, since Mr. Muhammad brought that up. The problem we had with the Mother's Day Care project and Shrimp Wings and Things, both of those projects is together. We had some infrastructure projects [sic] with that. We 90 percent completed with the Mother's Day Care. All the inside is done. We doing the outside now. I expect in 30 days we'll be finished with that project. You -- y'all can come out and see that project. Beautiful project. You all going to be proud of that project. Here's the problem we had with Shrimp Wings and Things. We wanted to increase the capacity of it by giving her some sit-down seats for her restaurant. Soon as the plans got to WASA, WASA decided that the waterlines was not big enough to carry the capacity. So now we would have to extend the waterline to 46th Street from 48th Street. City ofMiami Page 33 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 To do that -- to pay WASA for the impact fees would be anywhere between 30 to $40,000. That's not including the $80,000 it'll cost to run the piping. So we decided to scale back the project again. Don't do no expansion. Just keep it all in-house. The plans is completed. We just waiting for you all to extend the contract so we can get that going. Now, since 9/11 the County is now requesting that companies pay the insurance because the insurance companies won't carry the bond anymore for that, so now it has to be paid. Since 9/11 no insurance company will cover the insurance for that -- for the -- Chair Gort: The pipe? Mr. Jones: -- piping. Mr. Mensah: Pipes. Mr. Jones: So we would have to pay the County. We would have to give the County the 40,000 upfront before it even start, so we can't take $40,000 of this money upfront just to start, and you don't get that back until the project is completed. So we couldn't do that. It's only a $100,000 project. Commissioner Sarnoff: Have you tried going -- I mean, since somebody's father was elected, it's sort of been a new WASA day out there. Mr. Jones: Okay, right. Commissioner Sarnoff: I mean, in the past 90 days, I've seen WASA changes soon. Have you gone back to them and reasked [sic] or asked? Does this -- is this going to require --? Mr. Jones: This -- Commissioner Sarnoff: I'm probably better -- Mr. Jones: Okay. Commissioner Sarnoff: -- to let him handle it. Mr. Jones: Yes. Commissioner Suarez: And you -- Mr. Chairman, if I may? Chair Gort: Yes, sir. Commissioner Suarez: Thank you. This is a problem that has been frustrating all of us for the last -- Chair Gort: Everyone. Commissioner Suarez: -- I think two years and it's been a restaurant killer. Commissioner Sarnoff: Right. Commissioner Suarez: The way I call -- I term it the restaurant killer. Mr. Jones: Right. Commissioner Suarez: So I would love to work with you, Leroy, and you know -- Mr. Jones: Thank you, Commissioner. Commissioner Suarez: -- to see what can be done -- Mr. Jones: Right. Thank you. City ofMiami Page 34 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Commissioner Suarez: -- if there's something that can be done -- Mr. Jones: Thank you. Commissioner Suarez: -- so you can do the project that you wanted to do. Mr. Jones: Thank you, Commissioner. Commissioner Suarez: If it can't be done, you know, then it can't be done. But I think the extension -- again, going back to Commissioner Sarnoffs last point on the last item, I think it's a very easy decision, from my perspective, to grant the extension because, clearly, there is a good reason for it, you know. Mr. Jones: Thank you. Commissioner Suarez: And some -- a lot of times people come up here and they don't have a good reason for it and I think that's where it gets frustrating. Mr. Jones: Yes. Commissioner Suarez: But in your particular case, believe me, I know it's a good reason because we've had to deal with this WASA issue -- Mr. Jones: Thank you. Commissioner Suarez: -- in your district, in my district, in his district. It's pretty much been every single district that has had a WASA issue, with a restaurant by the way -- it's always with a restaurant. I call it the restaurant killer. Mr. Jones: Right. Yes. Commissioner Suarez: So if you want, come by the office and -- Mr. Jones: I will, Commissioner. Commissioner Suarez: --we'll do everything we can to help. Mr. Jones: Thank you. So -- Chair Gort: He will give you a hand. Mr. Jones: -- I want to thank you all, Commissioner. Ask y'all for support in this project. I want to thank the Department, Community Development, because they've been so patient with us. We had so many challenges with this project. But you know what? All the challenges is over now. Chair Gort: Okay. Mr. Jones: So I'm looking forward to moving forward with this project. And like I said, the Mother's Day Care is 90 percent completed. Chair Gort: Thank you, sir. Mr. Jones: Thank you. Chair Gort: Yes. Commissioner Sarnoff: Can I -- I'd like to read this into the record. This was Lynn Westall. We've been -- this has been an issue that's been coming up and up, as Commissioner Suarez says, time, time again. Lynn Westall actually asked the Project Advancement and Coordination New Customer Division, Chiefs Office Miami -Dade City ofMiami Page 35 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Water and Sewer Department. Here's the direct question. "We were wondering if the full burden/cost rests with the first developer to pay for the full connection." And here's what she writes. "The first developer/owner is responsible for constructing the required main based on the requirements of the area. There are other fees such as the connection charge, known as the cc's, that are calculated specifically for the project (based on the gallonage for daily use proposed) and must be paid prior to Water and Sewer Department release of the verification form. There are also connection charges, she puts in parentheses (see cc's) that are monies that Water and Sewer Department will reimburse a developer/owner if a main was constructed and new project connects to that main -- Chair Gort: Yeah. Commissioner Suarez: -- existed prior. These fees are prorated, collected, and returned to the original installer (developer/owner) that install the water main. However, if another developer connects and extends a water main, no credit issued to the installer. The second developer will then be required to extend the main to cover the entire frontage of his property project. Okay, I don't think that helped explain anything, but I thought I'd put on the record what was a direct question to Cristina Amores, Project Advancement and Coordination New Customer Division, Chiefs Office Miami -Dade Water and Sewer Department. As the County, as you know, is going through a streamlining process so we could see just how streamlined the process has become. Chair Gort: Yes, sir. Mr. Jones: So, Commissioner, can I close with this. So you'll know, NANA is getting no administration dollars from this project. Chair Gort: Okay. Mr. Jones: None. Not one penny. That's first thing. The second thing is Mr. Cruz know that businesses in Allapattah don't receive mom-and-pop money. He's been to my office. He's got the list. You recently met with one, Yardy's (phonetic) Beauty Supply, right in your district, just got ma -and -pop money this year, got ma -and -pop money year before. If you want a list of all the ones in your district -- any of you Commissioners want a list of businesses got mom-and-pop money in your district, I'll be happy to send it to you. Thank you. Chair Gort: Thank you. Close the public hearing. Commissioner Spence -Jones: Yes. Chair Gort: Motion. Commissioner Spence -Jones: I'd like to just bring a few points out. First of all, I think it's extremely important to clear up misinformation. I firmly believe that truth always rises to the top, so I'm not going to deal with allegations. I will only deal with, you know, from the standpoint of truth and what's just and that point of view. So just in general, just hearing the dialogue and this communication, this is how good people get hurt, from making statements that are not true. So the first thing that I want to make sure that we clear up on the matter so that we can move on properly is that it was mentioned that the building would be rehabbed and then eventually torn down. I think it's extremely important that the director of the department address that issue 'cause what I was -- been briefed on is that -- the idea is that the lots before that that are attached to this, the idea is that they're going to go after tax credits, correct? Mr. Mensah: Yes, that's correct. Commissioner Spence -Jones: Okay. Now we all know how difficult it is to get tax credit projects approved, right? Mr. Mensah: Yes. City ofMiami Page 36 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Commissioner Spence -Jones: So within these two years if they get it done, great. Then if they get it done, then part of the agreement is what? Mr. Mensah: Okay. If you look at the backup on this material, we have an agreement that is part of this. This project -- NANA project started long before this -- the tax credit project. Tax credit project is -- usually, they have two years to get a tax credit and then, additionally, usually take another year, two years to complete it. This project is meant to be -- they have five years to maintain the child care. So the anticipation is that by the time they even start construction, if they get a tax credit, their five years will be up. However, if, by any miracle, they are able to complete this project -- I asked the same question that he came out here and asked, and that is why will I -- I know that we're putting money in this project. We've already spent some money when this project came along. Why will I make a recommendation that will end up with us putting money in the project and it being -- and demolishing it? So the idea is that if we go ahead with this project, I want a special guarantee from the owner of the Mother's Day Care is that should this project ever be demolished, you're going to pay out of your pocket this whole amount that the City have put in there in that building, and that agreement is part of your backup. So that's what it is. Commissioner Spence -Jones: Okay. So I think -- Chair Gort: Thank you. Commissioner Spence -Jones: -- it's extremely important when we make statements like this in an open forum that we clear up the misinformation, 'cause that's just wrong and we should not do that to good people. The other thing that I wanted to do is also clear up quickly -- just say to Leroy. Leroy, you just have to know this: Whenever you're doing good, whenever you're trying to help people, just know that you will be attacked. That just goes with the territory. And not one Commissioner sitting up here can acknowledge that you have not helped a lot of businesses. And if you had the opportunity to invite them, we could not even fill this location -- this room with the number of businesses that you have helped that are satisfied with your work. So I'm going to tell you and encourage you to continue doing what you're doing. Just know in the midst of that, you will always be attacked. Mr. Jones: Thank you. Commissioner Spence -Jones: So don't let that discourage you. Mr. Jones: Thank you. Commissioner Spence -Jones: But I do -- I would like to close out with this. After -- before I make my motion to approve it -- so I'm going to approve it first, so moved. Commissioner Sarnoff: Second. Chair Gort: There's a motion by Commissioner Spence -Jones, second by Commissioner Sarnoff. Commissioner Spence -Jones: And since my fellow Commissioner on my right-hand side -- I'm going to call him rabbi today 'cause he gave a great opening. And it's amazing how what you said this morning, how it applies to even this discussion. But if you don't mind me, Mr. Chairman, I would like to share this -- Chair Gort: Go right ahead. Commissioner Spence -Jones: -- one thing from Proverbs to Solomon and it's just really quick. And it says, hatred stirs up dissension, but love covers all wrongs. Wisdom is found on the lips of the discerning, but a rod for the lack of him who lacks judgment. Wise men store up knowledge, but the mouth of a fool invites ruin. The wealth of the rich is in the fortified city, but the poverty is in the ruin of the poor. I don't have to say City ofMiami Page 37 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 anything else after that. I just want you guys to understand that we got a lot that needs to be done in Liberty City. And yes, there are things that need to be worked on like in any other district, but I have a million and one other hindrances that I have to deal with outside of the crime, the lack of jobs, and a million and one other things that I have to deal with. I have to get things moving in my district. So if no one is going to be on top of making sure that something is not transparent, believe me, after my last two years, I'm not letting anything pass by my office or by my desk unless it has -- we have gone through it and made sure that there are no issues. So with that being said, thank you, George. Thank you, my fellow Commissioners, for supporting me on what I need to get done in my district. Chair Gort: Thank you. Is there any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: PH.3, I understand, was deferred. PH.3 RESOLUTION 11-00762 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE DE -OBLIGATION OF EMERGENCY Department of SHELTER GRANT ("ESG") FUNDS FROM THE 2009 CITY OF MIAMI Community NEIGHBORHOOD ENHANCEMENT TEAM HOMELESS ASSISTANCE Development PROGRAM ACCOUNT, IN THE AMOUNT OF $47,907.47, AND THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT 2009 ESG ADMINISTRATION ACCOUNT, IN THE AMOUNT OF $6,972.86, FOR A TOTAL AMOUNT OF $54,880.33; ALLOCATING SAID FUNDS TO THE SUNDARI FOUNDATION, INC., FOR THE LOTUS HOUSE WOMEN SHELTER LOCATED AT 217 NORTHWEST 15TH STREET, MIAMI, FLORIDA, FOR OPERATING COSTS, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 11-00762 Summary Form.pdf 11-00762 Notice to the Public.pdf 11-00762 Pre-Legislation.pdf 11-00762 Legislation.pdf 11-00762 Exhibit 1.pdf MOVED: Francis Suarez SECONDED: Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Spence -Jones PH.4 RESOLUTION 11-00847 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AMENDMENTS TO THE CITY OF MIAMI Department of DEPARTMENT OF COMMUNITY DEVELOPMENTS HOUSING PROGRAM Community POLICIES FOR HOMEOWNERSHIP ACTIVITIES, AS DESCRIBED IN Development EXHIBIT "A", ATTACHED AND INCORPORATED. City ofMiami Page 38 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 11-00847 Summary Form.pdf 11-00847 Notice to the Public.pdf 11-00847 Pre -Legislation .pdf 11-00847 Legislation.pdf 11-00847 Exhibit 1.pdf R-11-0402 MOVED: SECONDED: Michelle Spence -Jones Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Spence -Jones ABSENT: Commissioner(s) Carollo and Suarez George Mensah (Director, Community Development): PH.4. Chair Gort: PH.4. Mr. Mensah: PH.4 is a resolution approving the amendments to the City of Miami Department of Community Development's Housing Program Policies for Homeownership Activities. This change -- the only two changes that you are making here, one is to reduce the purchase price limit from 236,000 to 118,000, and the second one is to allow home buyers who use this program to sell it to any eligible person and not necessary an income eligible person. Chair Gort: Okay. Thank you. This is a public hearing. Anybody would like to address this issue? Grady Muhammad: Grady Muhammad -- Chair Gort: Yes. Mr. Muhammad: -- president and CEO (Chief Executive Officer), Miami Dade First. Mr. Chairman -- Chair Gort: Yes. Mr. Muhammad: -- this is a great project, but the problem we have again, the District 5 in the LHAP, the Local Housing Assistant [sic] Plan, there's not one black American organization in District 5 -- Mr. Mensah: That's not correct. Mr. Muhammad: -- that can help black homeowners to be able to become homeowners or get their homes -- like Mr. Simms, to get their houses fixed or repaired. When they did the Local Housing Assistant [sic] Plan a few months ago, again, they had Little Haiti Housing, they had East Little Havana, they had Miami -Dade Housing Services, Neighborhood Housing Services, but not one organization -- and for the last three to four years there's been not one organization in the black American community to help black people get houses, get their homes rebuilt, get their houses fixed. There is no entity nor organization at all that CD (Community Development) funds in the black community. Thank you. Chair Gort: Thank you. Anyone else? Mr. Mensah: That's not true. Chair Gort: Anyone else? We close the public hearings [sic]. City ofMiami Page 39 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 PH.5 Commissioner Spence -Jones: So moved. Commissioner Sarnoff: Second. Chair Gort: Been moved by Commissioner Spence -Jones, second by Commissioner Sarnoff. Commissioner Sarnoff: Can I say something? Chair Gort: Sure, go ahead. Commissioner Sarnoff: You know, I heard -- I guess I heard something and I -- you know, there's a organization out there that I fund and actually now Commissioner Suarez funds because it's a very good organization. It's called Rebuilding Together. Mr. Mensah: Yes, yes. Commissioner Sarnoff: And Rebuilding Together has rebuilt, by last estimate, just under 100 homes -- Mr. Mensah: Yes. Commissioner Sarnoff: -- in West Grove. It doesn't just do it because you're black. It doesn't do it 'cause you're white. It does it primarily if you're disabled or elderly. Mr. Mensah: Yes. Commissioner Sarnoff: So if you're disabled or elderly and you qualify -- and I would suggest most people in that neighborhood likely qualify just based on the area median income --we've been able to keep just short of 100 people -- and if I'm saying something wrong, George, let me know. Mr. Mensah: No, that's correct. Commissioner Sarnoff: But just short of 100 people in homes, and that's been a program I brought I think primarily to the City. I think Commissioner Suarez may be funding it almost at the same level as I am right now, and I intend on funding it into the future, and most of my CDBG (Community Development Block Grant) funding is going toward that because when I don't have an opportunity -- because when my CDBG funding is not large enough and I can't leverage it enough to help a business, I don't think there's a better goal or a better use of CDBG funding than to insure an elderly person who probably isn't getting enough Social Security credits to fix their home, to put a roof over their heads. And then certainly, a disabled person -- you know, I don't care who comes in front of us. I don't care what color they are. I don't care what nationality they are. If you're disabled, I mean, it's just likely life is that much tougher on you. And if you happen to be lucky enough to own your home, you know, that's something I think that we can help you with and Rebuilding Together's done that. So when somebody says there's no organizations out there, invite these folks over. It's a great organization. They have a great tract history. I could tell you, the first year they did it, they made mistakes. They're in their fifth or sixth year and I don't think we make those same mistakes again. So thank you. Mr. Mensah: Okay. Chair Gort: Thank you. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. RESOLUTION City ofMiami Page 40 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 11-00774 Department of Parks and Recreation A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE SEALED BIDDING IS NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THAT DELUCCA ENTERPRISES, IS THE MOST QUALIFIED TO CONTINUE TO OPERATE AND MANAGE THE MELREESE GOLF COURSE AND FACILITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH DELUCCA ENTERPRISES TO CONTINUE TO OPERATE AND MANAGE THE MELREESE GOLF COURSE, WITH THE NEW TERMS AND CONDITIONS SET FORTH IN SAID THIRD AMENDMENT. 11-00774 Summary Form.pdf 11-00774 Memo - Auth. Amendment to Agrmt. pdf 11-00774 Memo - Notice to the Public.pdf 11-00774 PSA- First & SecondAmendments.pdf 11-00774 Legislation.pdf 11-00774 Exhibit 1.pdf MOVED: Francis Suarez SECONDED: Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Spence -Jones Chair Gort: PH.5. Commissioner Spence -Jones: PH.5 (UNINTELLIGIBLE) 11:21:56. Priscilla A. Thompson (City Clerk): It's PH.6. Chair Gort: PH.6. Commissioner Spence -Jones: PH.6 we moved as well. Ms. Thompson: No, Commissioner. Chair Gort: I don't have PH.6. Ms. Thompson: PH.6 is still on the agenda. Chair Gort: Still on. Commissioner Spence -Jones: Oh, okay. I thought it was deferred. Ms. Thompson: But it does require a four -fifth vote. Commissioner Spence -Jones: Mr. City Manager, I thought that -- City ofMiami Page 4] Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Ms. Thompson: I'm sorry, Commissioner. I don't think your mike is on. Thank you. Commissioner Spence -Jones: -- I thought it was PH.6. Wasn't that the fire item? So that's not deferred? Reginald Duren (Deputy Fire Chief): That one is withdrawn. Commissioner Spence -Jones: Oh, okay. Deputy Fire Chief Duren: It is the fire item. Commissioner Spence -Jones: No problem. Deputy Fire Chief Duren: Yes. Chair Gort: You need four -fifth vote for PH.6. Commissioner Spence -Jones: Can somebody get a Commissioner, please. Chair Gort: I need another Commissioner. If not, let's go to PH.7. Commissioner Spence -Jones: All right. Do you -- okay. PH.6 RESOLUTION 11-00848 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS), AFFIRMATIVE VOTE, Department of PURSUANT TO SECTION 18-92(A)(1) AND (3) OF THE CODE OF THE Fire -Rescue CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PURCHASE, FROM WESTNET, INC., OF COMPONENTS TO THE ALERTING SYSTEM OF FIRE STATION NO. 1 AND UPGRADES TO THE SOFTWARE AND ALERTING SYSTEM FOR OTHER FIRE STATIONS, FORATOTALAMOUNT OF $326,979.40; ALLOCATING FUNDS FROM ACCOUNT CODE (PTAEO): P:40-B-72806, T:05, A:1105, E: EQUIPMENT, 0: 181000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH WESTNET, INC., FOR THE PROVISION OF ON -SITE MAINTENANCE AND TOLL -FREE TECHNICAL SUPPORT FOR THE ALERTING SYSTEM OF ALL CITY OF MIAMI FIRE -STATIONS, FOR A TOTAL OF FIVE (5) YEARS, PAYABLE IN ANNUAL INSTALLMENTS, IN A TOTAL AMOUNT FOR ALL FIVE (5) YEARS NOT TO EXCEED $395,266.92, ALLOCATING FUNDS FROM ACCOUNT CODE: 00001.186000.546000.0000.00000; FURTHER AUTHORIZING THE CITY MANAGER TO EXTEND THE TERM OF THE AGREEMENT FOR AN ADDITIONAL FIVE (5) ONE (1) YEAR PERIODS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING A REPAIR CONTINGENCY AMOUNT NOT TO EXCEED $10,000 PER YEAR, FOR FIVE (5) YEARS, EFFECTIVE THROUGH DECEMBER 31, 2016, TO BE UTILIZED BY THE DEPARTMENT OF FIRE -RESCUE WITHOUT FURTHER CITY COMMISSION APPROVAL FOR REPAIR SERVICES ON AN AS -NEEDED BASIS, ALLOCATING FUNDS FOR THE FIRST YEAR, FROM ACCOUNT CODE (PTAEO): P:40-B-72806, T:05, A:1105, E: EQUIPMENT, 0: 181000 AND AUTHORIZING THE ALLOCATION OF FUNDS FOR THE REMAINING FOUR (4) YEARS, FROM City ofMiami Page 42 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 THE VARIOUS SOURCES OF FUNDS OF THE DEPARTMENT OF FIRE -RESCUE SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 11-00848 Summary Form.pdf 11-00848 Memo - Upgrades & Maintenace.pdf 11-00848 Memo - Westnet Alerting System .pdf 11-00848 Notice to the Public.pdf 11-00848 Letter - First -In Fire Station Alerting System.pdf 11-00848 Legislation .pdf 11-00848 Exhibit 1.pdf R-11-0403 MOVED: SECONDED: Marc David Sarnoff Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones ABSENT: Commissioner(s) Carollo Chair Gort: Back to B.6 -- BH.6 [sic]. Deputy Fire Chief Duren: PH.6 is a resolution of the City Commission requiring a four -fifths affirmative vote, approving and confirming the City Manager's finding of a sole source; waiving the requirements for competitive sealed bidding and approving the purchase of Westnet upgrades and software and alerting system; further authorizing the provision of onsite maintenance and support for alerting system for a period of five years. Chair Gort: Okay. It's a public hearings [sic]. Is anyone would like to address PH.6? Anyone in the public would like to address PH.6? Being none, we'll close the public hearings [sic]. Do I have a motion? Commissioner Sarnoff: So moved. Chair Gort: It's moved by -- Commissioner Suarez: Second. Chair Gort: -- by Commissioner Sarnoff -- Commissioner Spence -Jones: Second for discussion. I have a question. Chair Gort: -- second by Commissioner Suarez. Discussion. Yes, Ms. -- Commissioner Spence -Jones: Yes. I just want to ask you a quick question. Ms. Thompson: Excuse me. Your microphone. Commissioner Spence -Jones: Sorry about that. I know that when we went over the budgets and stuff for the new year, I wanted to know was this amount actually allocated in the overall budget itself? Deputy Fire Chief Duren: This is capital funds, so yes, they are allocated. Commissioner Spence -Jones: So it was included in that overall number? City ofMiami Page 43 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Deputy Fire Chief Duren: Yes, as well as the maintenance. Commissioner Spence -Jones: Okay, I just wanted to make sure. Thank you. Chair Gort: Further discussion? Commissioner Suarez: Mr. Chairman, if I may? Chair Gort: Yes, sir. Commissioner Suarez: I just want to commend you for the way that you broke down the expenditures on this item, because you broke it up by start up, maintenance, total fiscal impact. You got into -- you know, you further broke it down into different contingency funds by year and then by fund, by actual fund, by CIP (Capital Improvement Programs), general, special. There was -- I think you tried to handwrite some stuff in there that came out a little blurry, but I just want to -- Deputy Fire Chief Duren: Yes, sir. Commissioner Suarez: -- I really want to commend you for really giving us the information at the level of detail that I think we've all kind of hoped that everyone will become accustomed to, that we are really scrutinizing all our agenda items at that level. So I want to commend you for that. Deputy Fire Chief Duren: Thank you, sir. Chair Gort: Okay, any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. PH.7 RESOLUTION 11-00849 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "VIZCAYA GARDENS SUBDIVISION", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", AND SUBJECT TO THE SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLATAND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 11-00849 Summary Form.pdf 11-00849 Notice to the Public.pdf 11-00849 Pre-Legislation.pdf 11-00849 Legislation.pdf 11-00849 Exhibit 1.pdf R-11-0404 MOVED: SECONDED: Marc David Sarnoff Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 44 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 AYES: Commissioner(s) Gort, Sarnoff and Spence -Jones ABSENT: Commissioner(s) Carollo and Suarez Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. PH.7 is a resolution of the City Commission to accept the Vizcaya Garden Subdivision plats from Indigo Enterprises and also to authorize the City Manager to execute the related documents for its recordation. This particular replat is according to the City Code Section 55-8, and this Commission had taken a prior decision on this plat in December of 2010 to authorize closure of portions of Southwest 22nd Terrace and US 1. What the replat does is that it allows the property owner to take physical ownership of that piece of property. The Plat and Street Committee had reviewed the technical requirements according to City code and found the application in compliance. Any question? Commissioner Sarnoff: So moved. Chair Gort: Thank you. It's been moved by Commissioner Sarnoff, second by Commissioner Spence -Jones? Commissioner Spence -Jones: Second. Is this a public hearing though? Priscilla A. Thompson (City Clerk): Yes, it is. Chair Gort: Yes, public hearing. Is anyone would like to address this issue? Is anyone in the public would like to address this issue? Public hearing is closed. Further discussion. Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. PH.8 RESOLUTION 11-00850 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THAT AN EXISTING, PREVIOUSLY PERMITTED WOOD FENCE, BE PERMITTED TO BE REINSTALLED AND A PORTION OF AN EXISTING CAR PORT, REMAIN WITHIN THE DEDICATED PUBLIC RIGHT-OF-WAY OF LOQUAT AVENUE ADJACENT TO 3686 LOQUAT AVENUE, MIAMI, FLORIDA, SUBJECT TO THE CONDITIONS AS SET FORTH HEREIN. 11-00850 Summary Form.pdf 11-00850 Notice to the Public.pdf 11-00850 Building Inquiry .pdf 11-00850 Legislation .pdf R-11-0405 MOVED: SECONDED: Marc David Sarnoff Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones ABSENT: Commissioner(s) Carollo Nzeribe Ihekwaba (Director, Public Works): PH.8. PH.8 is a resolution of the City Commission, in accordance with Section 54-191 of the City Code, directing that an existing previously permitted fence --wooden fence be permitted to reinstalled and repaired and also for a portion of an existing carport to remain in place, both of them within the dedicated public right-of-way of Loquat Avenue, which is adjacent to 3686 Loquat Avenue. This is a historic home that was built in 1910, approximately, and there's no backyard; hence, the frontage of the property is used for other private purposes. The perimeter fence was constructed in 1950 according to City of Miami City ofMiami Page 45 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 building records. And according to City Code 54-191, a property owner is required to seek permission from the City Commission before any alteration or repairs could be done. However, the Public Works is recommending, pursuant to City Code, that a covenant to run with the land and payment of applicable (UNINTELLIGIBLE) 11:25:06 fees be required by the code, subject to your approval. Any questions? Commissioner Sarnoff: So moved as amended. Chair Gort: Okay. It's moved as amended. Second? Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. Open -- public hearing. Is anyone in the public would like to address this issue? Anyone in the public would like to address this issue? Public hearing is closed. You want to speak, sir? You're welcome to it. It's a public hearing. Pascal Nicolle: Thank you. I'm not -- it's Pascal Nicolle. I'm the owner of 3686 Loquat. Chair Gort: Okay. Mr. Nicolle: The fence has always been there and we just want to put it back and, you know -- Chair Gort: All right. Mr. Nicolle: -- that's basically the idea. Chair Gort: Okay. Mr. Nicolle: Thank you. Commissioner Suarez: It's looking good for you so far. Chair Gort: Thank you. Any further -- close the public hearing. Any further discussion? Being none, all in favor, state it by saying -- Ms. Thompson: Excuse me, Chair. I just want to make sure of something before we move on. Chair Gort: Okay. Ms. Thompson: I'm not sure that there was a modification on this particular item before Commissioner Sarnoff: I heard him add some verbiage that they were looking for a covenant. Chair Gort: A covenant, yes. Commissioner Sarnoff: Did you ask for a covenant? Mr. Ihekwaba: That's part of the requirement according to the City Code, Chapter 55. Commissioner Sarnoff: So is that as printed in the --? I thought you were making a modification on the -- I thought you were making ore tenus modification. Was that part of the printed material? Chair Gort: Yes. Commissioner Sarnoff: Then the motion should be simply a motion to approve. City ofMiami Page 46 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Ms. Thompson: Thank you. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. PH.9 RESOLUTION 11-00819 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, Department of RATIFYING, APPROVING AND CONFIRMING THAT IT IS MOST Purchasing 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 R-11-0393 MOVED: SECONDED: Francis Suarez Marc David Sarnoff Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones ABSENT: Commissioner(s) Carollo Chair Gort: PH.9. Kenneth Robertson (Director): Good morning, Commissioners. Kenneth Robertson, Purchasing Department. PH.9 is a resolution by a four -fifths 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, for the leasing of golf cars for the International Links Melreese Golf Club; authorizing the City Manager to execute a lease agreement for a 60-month term with Yamaha Motor Corporation in an amount not to exceed $250,500. Yesterday there was a substitution memo distributed to the Commissioners with the final version of the updated lease agreement with revisions from Yamaha Motor Corporation that were required from the City's Law Department. Commissioner Spence -Jones: Commissioner Carollo -- Chair Gort: Yes. Commissioner Spence -Jones: -- I'm -- is he still over there? 'Cause I know he's the one that had the issues with the golf carts. We got to -- I mean, if we have issues on these items, you know -- City ofMiami Page 47 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Chair Gort: Yep. Commissioner Spence -Jones: -- let's address them. Let's not be here. Commissioner Sarnoff: Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff: Actually, I had an issue. -- I was the one that had, from the green standpoint, an issue on the golf cart, and I just want to commend -- I guess it was Deluccas (phonetic) -- the Deluccas (phonetic) for coming in to see me, and probably in one of the most impressive presentations, it was demonstrated to me that these are extremely green and well built and well thought out golf carts, and I just want to thank them for the briefing, and it's convinced me that I was not all that correct in my suggestion with regard to electric. Chair Gort: Now -- Commissioner Spence -Jones: Just -- Chair Gort: Yes, ma'am. Go ahead. Commissioner Spence -Jones: It's actually in your district, so I'm going to yield to you. Chair Gort: But I believe it's important to explain that those golf cars are paid by the people that use the greens. The people that go play golf pay for that. Because it was mentioned before that there was not enough for police car, but we're buying golf cart. I believe it's very important to explain the differences between the two vehicles. These are vehicles that are rent out to the people and they pay for it. It's a users fee. Am I correct? Mr. Robertson: Correct. There's a budget line item in the Parks Department where the revenue earned for the cars exceeds the cost of the lease. Chair Gort: Okay. Commissioner Spence -Jones: The only thing that I would like to add based upon our briefing that we received, to my understanding, the maintenance of this -- the carts -- this particular -- these carts will have -- they will be under a warranty now, right? Mr. Robertson: Correct. The new five-year lease agreement includes a four-year warranty. Commissioner Spence -Jones: Which -- it -- did it include it before? Mr. Robertson: Yes. Commissioner Spence -Jones: Okay. Mr. Robertson: The City is currently under a lease year of five of five, and so the warranty is not valid -- Commissioner Spence -Jones: Okay. Mr. Robertson: -- for the last year. Commissioner Spence -Jones: Okay. So -- and also this is a cost savings of about what, 25k, correct? Mr. Robertson: The cost savings is a little more than that when you look at comparable piggybacks. But to avoid the service maintenance in year five of the lease, it's approximately 25 to $30,000. City ofMiami Page 48 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Commissioner Spence -Jones: Okay, all right. And then we dealt with the issue of the electric carts, which Commissioner Sarnoff just explained, which means we really don't have the facility to accommodate doing -- Mr. Robertson: Correct. Commissioner Spence -Jones: -- it any other way. Mr. Robertson: Correct. Commissioner Spence -Jones: And then I think Commissioner Gort also addressed the issue, which I think is great, is that we're not really even paying for this anyway. Chair Gort: Right. Commissioner Spence -Jones: The user ends up paying the cost of this anyway because they rent the carts, correct? And that total amount that we -- I don't know if that's a question -- just so that we put it all out there -- earned from the usage of the carts, so the rental of the carts is how much? Mr. Robertson: I believe the revenue line item was 2.6 million. The fuel and lease expenditures are approximately 2.2 million, from an e-mail (electronic) I saw yesterday. Commissioner Spence -Jones: All right. So that amount we actually earn is? Mr. Robertson: Four hundred thousand. Commissioner Spence -Jones: Okay, so -- and I don't know if -- Commissioner Suarez: Mr. Chairman, if I may? Chair Gort: Thank you. Yes, sir. Commissioner Suarez: And I just wanted to add one additional thing, and I'm not sure if Commissioner Sarnoff mentioned this or not. But in addition to that, there's an additional savings of approximately $60,000 in the last fiscal year from having to maintain the prior -- the older golf carts. So there's an additional cost in addition to the $400,000 of, you know, profit, for lack of a better word. There's that additional savings that we should see going forward that was an unanticipated cost, so -- Commissioner Spence -Jones: Can I ask you something. That 400, it actually comes back to general revenue, right? That's a good question. Daniel Alfonso: Danny Alfonso, Budget director. For fiscal year'11/'12, what is budgeted for revenue from the golf course is $2.6 million, and the expense is roughly 2.2 and change, so yes, the excess is in general fund. Commissioner Spence -Jones: Okay, great. Chair Gort: Thank you. This is a public hearing. Anyone would like to address this issue? Is anyone in the public would like to address this issue? Being none, discussion. Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): No. I'm sorry. I don't have a mover or a seconder yet. Commissioner Suarez: Move it. Chair Gort: Yes. City ofMiami Page 49 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 SR.1 11-00428 Department of Planning and Zoning Commissioner Sarnoff: Second. Chair Gort: Okay. Commissioner Spence -Jones: Second. Chair Gort: Moved by Commissioner Suarez, second by Commissioner Sarnoff. Ms. Thompson: Thank you. Chair Gort: All in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. END OF PUBLIC HEARINGS ORDINANCES - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 62/ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED," MORE PARTICULARLY BY CREATING A NEW DIVISION 9, ENTITLED "TEMPORARY BANNERS," CREATING A PERMITTING PROCESS AND REGULATORY SCHEME FOR TEMPORARY BANNERS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-00428 Summary Form FR/SR.pdf 11-00428 Legislation SR (Version 3) 10/13/11.pdf MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Spence -Jones ABSENT: Commissioner(s) Carollo and Suarez Chair Gort: SR.1. Barnaby Min: Barnaby Min, Zoning Administrator. SR.1 is a second reading for amendment to Chapter 62 of the City code which would create regulations for temporary banners that are erected in conjunction with special events. There is a scriveners error on page 2 of the legislation, specifically Section 62-620(a)(2). It currently reads 30 (33). It should be 33. Commissioner Spence -Jones: What did he say? Mr. Min: So I've corrected that with the Clerk's office. Chair Gort: Sorry. Go back again, a little slower. Mr. Min: Section -- on page 2, Section 62-620 -- City ofMiami Page 50 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Chair Gort: Right. Mr. Min: -- subsection A -- Chair Gort: Okay. Mr. Min: -- subsection 2, where it discusses sizes. Chair Gort: Right. Mr. Min: As it currently reads, it states that a temporary banner may cover up to 80 percent of a windowless wall or 30 (33) percent. Chair Gort: Thirty instead of thirty-three? Mr. Min: It's supposed to be 33, so I simply corrected it to say 33. Chair Gort: Okay. Commissioner Spence -Jones: Mr. Chairman, I just have one quick question, and she's verifying. The funds from this actually go into -- would go into -- Mr. Min: That is correct. Commissioner Spence -Jones: -- because this is something new. Mr. Min: No. We currently have temporary permits and they all go -- the temporary permits are charged 153.50 -- Commissioner Spence -Jones: Yeah. Mr. Min: -- and they go into the general fund. This is to create further regulations for banners that are erected pursuant to special events to create a more realistic pricing scheme, and those funds will likewise go into the general fund. Commissioner Spence -Jones: Okay. I was told that this was actually being created -- a part of this was for the whole Adrienne Arsht, correct? Mr. Min: No. There was -- there -- when this was originally drafted for first reading, there were concerns raised by the Adrienne Arsht Center concerning banners that are also erected pursuant to their special events. Because of the legislation, it states that they can only be placed up 30 days once a year. Obviously, Adrienne Arsht Center has more than one event, so -- Commissioner Spence -Jones: I want a little --'cause that's not how it was -- I was briefed on it. Is there any way I can get a little bit more time on this, guys? Commissioner Sarnoff: Go ahead. Chair Gort: No problem. Commissioner Spence -Jones: Because that's not what was communicated. So I want to be clear on this item. Commissioner Sarnoff: Also, when you bring it back -- that's all right, Mr. --? Chair Gort: Sure, go ahead. Commissioner Sarnoff: -- is -- why not put the same fee structure as an illegal mural? Because this is -- if somebody violates this, it would essentially be an illegal mural. Mr. Min: Yes and no. I do -- City ofMiami Page 51 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Commissioner Sarnoff: No? Mr. Min: -- agree with you as far as the large commercial messages. Chair Gort: Right. Mr. Min: But I wanted to remind the Commission that this also deals with a mom-and-pop grand opening, Christmas tree sales, Halloween sales. We necessarily -- that's why there is a pricing scheme for the smaller signs; they cost Tess. The larger signs, they cost more. And we don't want to necessarily, arguably, punish the little guy. Commissioner Sarnoff: I gotcha. Can we differentiate in the scheme of our enforcement for the larger ones? Mr. Min: I will have to discuss it with the Law Department, but I'll certainly look into that. Victoria Mendez (Assistant City Attorney): Commissioner, with regard to the scheme of the enforcement, if we change that around, it would have to be a four -fifths vote -- Commissioner Sarnoff: Right. Ms. Mendez: -- to be able to do the -- Commissioner Sarnoff: I don't think we're -- Ms. Mendez: -- thousand dollars a day -- Commissioner Sarnoff: -- voting on it. I don't -- I suspect we're not voting on it today. Chair Gort: I'm sorry. And you are? Ms. Mendez: Victoria Mendez, assistant City Attorney, City of Miami. Chair Gort: Thank you. Ms. Mendez: I apologize, Mr. Chairman. Chair Gort: Thank you. Commissioner Sarnoff: Victoria, I don't know that we're voting on it today. And I'm merely asking -- you know, if a big user or a big provider were to keep something up for a longer period of time than this ordinance would allow -- Ms. Mendez: You're correct. It could happen and we would not have the same teeth. Commissioner Sarnoff: And I'm not looking to hurt or hit the mop -and -pop. I'm not looking to say Halloween sale. I'm not looking to say Christmas trees for sale. Mr. Min: And if I can address that. Actually, now that I'm thinking about it, I don't see why we can't increase the penalties because there's still discretion by the Code Enforcement Board, or the special master. The way the statute's written is it's punishable by up to $1,000 a day for a first-time offender -- first-time violator, up to 5,000 a day for a repeat offender. So it doesn't necessarily have to be at that -- Commissioner Sarnoff: Yeah. And I'm -- all I'm looking for, Barnaby, is some consistency with a large user who disregards law, because I think a mural company that disregards the law is subject to a very stiff penalty. And I think, in some respects, these could be -- you want people complying with your regulatory scheme. Mr. Min: Yes, sir. City ofMiami Page 52 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Ms. Mendez: We can work all that into a new draft of this. Commissioner Sarnoff: Okay. Ms. Mendez: Definitely. Commissioner Sarnoff: Okay. And if it was going today, maybe I wouldn't -- well, I should still bring it up, but I don't think it's going to go today. I think you should address Commissioner Spence -Jones's issues, and then see if it could be worked out that way, and we'll see how it goes on the next vote. Chair Gort: Okay. Mr. Min: Is it definitely being --? So -- I thought it was being tabled. But are we going to defer it to another meeting? Chair Gort: My understanding is the Commissioner would like to have it deferred to another meeting. Mr. Min: Okay. Chair Gort: Is that correct, Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Chair Gort: Yes. Mr. Min: Thank you. Chair Gort: Which meeting? Ms. Mendez: Do you want the November meeting? Mr. Min: That's fine. Chair Gort: November 17. Ms. Mendez: Is that fine? Chair Gort: There's a motion to -- Commissioner Sarnoff: So moved. Commissioner Spence -Jones: Second. Chair Gort: -- defer -- it's been moved and second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. SR.2 ORDINANCE Second Reading 11-00622 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE III/DIVISION 2 OF THE CODE OF THE CITY OF City Commission MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/OFFICERS/CITY MANAGER", MORE PARTICULARLY BY CREATING A NEW SECTION ESTABLISHING CONDITIONS UNDER WHICH SEVERANCE PAY OR LEAVE MAY BE GRANTED TO UNCLASSIFIED SERVICE PERSONNELAPPOINTED BY THE CITY MANAGER TO POSITIONS HOLDING EXECUTIVE STATUS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE City ofMiami Page 53 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 FR.1 EFFECTIVE DATE. 11-00622 Legislation SR (Version 2) 09-15-11.pdf 13289 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Frank Carollo Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Gort: SR.2. Commissioner Spence -Jones: Again, this is an item that I think that all the Commissioners should be on the -- Priscilla A. Thompson (City Clerk): I'm sorry. Chair -- Commissioner, your microphone. Thank you. Commissioner Spence -Jones: Again, this is an item that I feel very strongly that all Commissioners should be on the dais. This happened before I got back, but it still should be an item that we should all discuss. Chair Gort: I agree. Commissioner Spence -Jones: So if we should -- can we just go 'head and go on to the next one in the meantime? END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING ORDINANCE First Reading 11-00810 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER III, ARTICLE 3, OF THE CODE OF THE CITY OF MIAMI, Department of FLORIDA, AS AMENDED, ENTITLED "ALARM SYSTEMS/FIRE ALARMS", Fire -Rescue MORE PARTICULARLY BY CREATING SECTION 3-61, ENTITLED "REGISTRATION AND RENEWALS", SETTING FORTH THE FEES AND REGISTRATION FOR FIRE ALARM RENEWALS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-00810 Summary Form 10/13/11.pdf 11-00810 Pre-Legislation.pdf 11-00810 Legislation.pdf MOVED: Francis Suarez SECONDED: Frank Carollo Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez City ofMiami Page 54 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 FR.2 11-00567 City Manager's Office ABSENT: Commissioner(s) Spence -Jones Note for the Record: Item FR.1 was indefinitely deferred . ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 39/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PEDDLERS AND ITINERANT VENDORS/SIDEWALK AND STREET VENDORS", TO ELIMINATE SIDEWALK AND STREET VENDING WITHIN THE MIAMI ARENA; PROHIBITING VENDING IN THE BISCAYNE BOULEVARD SPECIAL VENDING DISTRICTS AND TO ABOLISH THE LOTTERY SYSTEM AS A MEANS OF ASSIGNING VENDORS TO SPECIFIC VENDING ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. 11-00567 Summary Form 10/13/11.pdf 11-00567 Letter - Miami DDA.pdf 11-00567 Letter - Downtown Miami Partnership, Inc.pdf 11-00567 Legislation.pdf MOVED: Francis Suarez SECONDED: Frank Carollo Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Spence -Jones Note for the Record: Item FR.2 was indefinitely deferred . END OF FIRST READING ORDINANCES RESOLUTIONS RE.1 RESOLUTION 11-00203 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY'S") Department of AMENDED 2010-2011 MULTI -YEAR CAPITAL PLAN ("PLAN"), WHICH Capital INCLUDES THE PROJECTS IN DISTRICT 3, ATTACHED AND Improvements INCORPORATED, AS REQUIRED BY SECTION 163.3177, FLORIDA Program STATUTES (2010), AND PURSUANT TO CHAPTER 18/ ARTICLE IX/DIVISIONS 1 AND 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/FINANCIAL POLICIES/ANTI-DEFICIENCY ACT/FINANCIAL INTEGRITY PRINCIPLES," TO SET FORTH THE CITY'S FISCAL NEEDS FOR CAPITAL IMPROVEMENTS, SUBJECT TO AN ANNUAL PLAN REVIEW, TO DETERMINE PROJECT PRIORITIES AND TO MODIFY FUNDING ALLOCATIONS AS NECESSARY. 11-00203 Summary Form.pdf 11-00203 Legislation.pdf 11-00203 Exhibit 1.pdf MOVED: Francis Suarez City ofMiami Page 55 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 SECONDED: Frank Carollo Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Spence -Jones Note for the Record: Item RE.1 was deferred to the Commission Meeting scheduled for October 27, 2011. RE.2 RESOLUTION 11-00692 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, AND RELATED EXHIBITS , IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH LEXISNEXIS (" LEXIS"), A COMPUTER ASSISTED LEGAL RESEARCH SERVICE, FOR THE OFFICE OF THE CITY ATTORNEY, FORA THREE (3) YEAR PERIOD, IN A FIRST -YEAR AMOUNT NOT TO EXCEED $ 27,600; A SECOND YEAR AMOUNT NOT TO EXCEED $ 28,440, AND ATHIRD YEAR AMOUNT NOT TO EXCEED $29,280, FOR A TOTAL AMOUNT NOT TO EXCEED $85,320; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.131000.554000.0.0. 11-00692 Memo - Office of the City Attorney 10/13/11.pdf 11-00692 Proposal - LexisNexis 10/13/11.pdf 11-00692 Legislation (Version 2) 10/13/11.pdf 11-00692 Exhibit 1 - 10/13/11.pdf R-11-0407 MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones ABSENT: Commissioner(s) Suarez Chair Gort: First Reading 1. Commissioner Spence -Jones: RE.1, I think we -- Chair Gort: FR.1. Priscilla A. Thompson (City Clerk): FR.1 -- Commissioner Spence -Jones: FR (First Reading). Ms. Thompson: -- and FR.2 have been deferred indefinitely. Commissioner Spence -Jones: They've been deferred. Chair Gort: They've been deferred. Ms. Thompson: RE.1 was deferred to the 27th, so we would be on RE.2. Commissioner Spence -Jones: RE.2. City ofMiami Page 56 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 RE.3 Chair Gort: RE.2. Julie O. Bru (City Attorney): This is authorization to enter into a contract with LexisNexis in order to obtain legal research services for the Office of the City Attorney. Commissioner Sarnoff: So move. Commissioner Spence -Jones: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Spence -Jones. Any further discussion? Ms. Thompson: Before we move on, I think there's a correction that the City Attorney wants to make on the record regarding the title as printed in the agenda -- on the agenda. Commissioner Spence -Jones: It says Westlaw. Ms. Bru: Well, yeah, the title that was printed was from three agendas ago, but we corrected it, and you have the correct title and you have the correct resolution. We were -- we had Westlaw as a vendor, and we renegotiated but we were unsuccessful in getting the amount of reduction that we wanted so we switched to Lexis. Chair Gort: Okay. Commissioner Sarnoff: And I can work Lexis. I can't work Westlaw. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I understand the issue, but what agenda item is it? Commissioner Sarnoff: 2. Chair Gort: RE.2. Vice Chair Carollo: RE.2. Thank you. And I apologize. I've been working with the FOP (Fraternal Order of Police) contract issue. Chair Gort: Okay. Any further discussion? Commissioner Spence -Jones: No. Chair Gort: Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Now we go back to -- well, Suarez not here. We got to wait for him. RESOLUTION 11-00856 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO Department of THOSE LISTED IN RESOLUTION NO. 11-0360, ADOPTED SEPTEMBER Management and 15, 2011, AND REVISING CURRENT APPROPRIATIONS AMONG Budget APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. City ofMiami Page 57 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 11-00856 Summary Form.pdf 11-00856 Legislation.pdf 11-00856 Exhibit 1.pdf R-11-0406 MOVED: SECONDED: Marc David Sarnoff Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones ABSENT: Commissioner(s) Suarez Commissioner Spence -Jones: No. RE.3. Let's -- yeah. Albert Sosa: Albert Sosa, director of Capital Improvements. RE.3 is an appropriations resolution that does two things. It takes the grant funds from DEP (Department of Environmental Protection) for a specific project, San Marco Island; that we accepted at the last meeting the agreement with DEP. Now we're taking that money and putting it into a project that accomplishes that. The second thing that it accomplishes is it moves some funds between existing projects that are complete and had a surplus into some projects that are ongoing and had shortfalls. Commissioner Sarnoff: So moved. Commissioner Spence -Jones: Second. Vice Chair Carollo: Second. Chair Gort: It's been moved and second. Moved by Commissioner Sarnoff, second by Commissioner Spence -Jones. Discussion. Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RE.4 RESOLUTION 11-00858 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A PAYMENT TO THE CITY OF MIAMI, IN THE AMOUNT OF $55,000, IN SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST NAVIGATORS MANAGEMENT COMPANY, INC., D/B/A NAVIGATORS INSURANCE CO., AS SURETY FOR ONE CROW, INC., AND DIRECTING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. 11-00858 Memo - Office of the City Attorney.pdf 11-00858 Legislation .pdf R-11-0408 MOVED: Marc David Sarnoff SECONDED: Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones ABSENT: Commissioner(s) Suarez City ofMiami Page 58 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Chair Gort: RE.4. Julie O. Bru (City Attorney): Mr. Chair, members of the Commission, RE.4 is a resolution that seeks authority to settle a claim that the City made against a surety company. The amount of the settlement would be $55,000 coming to the City. This arises out of a construction project, the Overtown Stormwater Pump Station. I mean, I can give you the history of it. This item was before you previously. The settlement recommendation at that time was $50,000. I think Commissioner Sarnoff wanted to see if we could renegotiate for little bit additional, and we did, and we're getting an additional 5,000. So we're recommending it for approval. Chair Gort: Okay. Commissioner Sarnoff: So moved. Chair Gort: Been moved by Commissioner Sarnoff -- Vice Chair Carollo: Second. Chair Gort: -- seconded by Vice Chairman Carollo. Discussion. Commissioner Spence -Jones: Is he up there for a reason? Commissioner Sarnoff: That's the navigator's attorney. Priscilla A. Thompson (City Clerk): I'm -- Chair -- Commissioner Spence -Jones: I don't know if he want to say anything. Ms. Thompson: Excuse me. Chair Gort: Yes, ma'am. Ms. Thompson: Chair, this -- Mr. Gross is not a registered lobbyist. He is not registered so we don't have any paperwork, any ethics certificate or anything. So if he starts a discussion, it would be -- it would have to be with your approval, with the understanding that he registers, he goes to class, and all those things. Chair Gort: The -- what's the wish of the Commission? Commissioner Sarnoff: I don't think he needs -- I think it's going to -- why don't we see what the vote materializes. Chair Gort: Okay. Commissioner Sarnoff: And then he can go back and tell his client how well he did. Chair Gort: Okey-doke. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Commissioner Sarnoff: Now he can tell his client how well he did. RE.5 RESOLUTION 11-00883 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF FRANCISCO FONDEUR, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $75,000, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED City ofMiami Page 59 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 RE.6 11-00801 AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.524000.0000.00000. 11-00883 Memo - Office of the City Attorney.pdf 11-00883 Memo - Financial Signoff.pdf 11-00883 Legislation .pdf R-11-0409 MOVED: Michelle Spence -Jones SECONDED: Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones ABSENT: Commissioner(s) Suarez Julie O. Bru (City Attorney): RE.5 is a resolution that seeks authorization to settle all claims against the City of Miami in the case of Francisco Fondeur. This is a worker's compensation claim. The amount would be $75,000. And I -- Chair Gort: Okay. Ms. Bru: -- know that we briefed you individually on this or your staff. Chair Gort: Right. Ms. Bru: I normally don't like to discuss issues -- Commissioner Spence -Jones: Yeah, I know. Ms. Bru: -- regarding worker's comp on the record. Commissioner Spence -Jones: And you recommend this, right? Ms. Bru: Yes. Commissioner Spence -Jones: So moved. Chair Gort: It's been moved -- Vice Chair Carollo: Second. Chair Gort: -- 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. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 60 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Department of ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S LIST OF EXPEDITED Capital PROJECTS, PURSUANT TO ORDINANCE NO. 13045, ADOPTED Improvements DECEMBER 11, 2008, BY REPLACING THE CURRENT "ATTACHMENT A," Program WITH "ATTACHMENT A - 9/27/11 REVISED," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF INCLUDING UPCOMING CAPITAL IMPROVEMENT SOLICITATIONS AND PROJECTS. 11-00801 Summary Form.pdf 11-00801 Pre-Legislations.pdf 11-00801 Legislation.pdf 11-00801 Exhibit 1.pdf R-11-0412 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Francis Suarez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Gort: RE.6. Albert Sosa: Albert Sosa, director of Capital Improvements. RE.6 is a resolution providing an update to the expedite list as is required by the expedite ordinance. The expedite ordinance, which was passed in 2008, places projects that are funded and approved through previous appropriations or capital plans onto the expedite list which allows the City Manager to execute the contract without having to come back to the Commission. The reason being, it allows for an expedited schedule and it allows items to move faster into construction. Periodically, we appear before the Commission to update the list, take projects off that are complete, and add new projects onto it. Specifically with this item, the list that's -- the project list that's attached to the legislation includes several projects that were removed because of projects that have been awarded. I would like to make a floor amendment. During our briefings yesterday it was noted that there is a project that should be removed because it -- in addition to the ones listed because -- it's B-30675, Biscayne Skate Park (design -build). It's a project that had not moved forward and we're removing it from the expedite list. The balance -- Chair Gort: I'm sorry. Mr. Sosa: -- of the projects -- Chair Gort: The number again is? Mr. Sosa: It's 30675 Biscayne Skate Park (design -build). It is the fourth project from the top of the list. So we're removing it because the project is not moving forward. And it adds the balance of the -- what the resolution does is it adds three projects to the expedite ordinance, one being the chiller plant retrofit at the Hyatt, one being Southwest 16th Avenue, and the third one being Northwest 9th Street. Commissioner Sarnoff: So moved. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Suarez. Commissioner Spence -Jones: Discussion. Sorry. City ofMiami Page 61 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Chair Gort: Discussion. Commissioner Spence -Jones: Albert, thanks for making some of the adjustments. I guess the only concern I had on this item -- and maybe I should have just been clear on it and I wasn't, so I'm going to -- not going to make it your responsibility. My concern is the issue of the expedited projects. I don't have a problem with, you know, the City Manager having, you know, the leeway to, you know, get the projects moving, to, you know, get the bids out. I'm just concerned that, you know, given -- and I think in the past on the Commission, if I'm not mistaken, at least in my first term, we were very, very cautious about giving the City Manager that much, you know, leverage or weight -- Commissioner Suarez: Discretion. Commissioner Spence -Jones: -- or -- you know, discretion is the right word. So -- 'cause my concern is we want to make sure that they are really pushing and making sure that we get -- you know, focus on companies that are from the City. And a lot of times what happens when these projects start moving, in the end we find out that the person is from Broward or we find out that they didn't hire locally and that's my concern. Until we really have that in order, I really -- I don't really see the need to have the City Manager enter into these type of agreements where we have a lot of money being spent on projects and we not -- and it at least not come to us before it happens, so that would be my concern. I want to share it with the Commissioners because I'm just telling you that that can become a problem. And I'm just going to make the recommendation that -- I know that we have to have an agreement. We -- it has to come in front of us anyway, correct, before it's approved, right? Chair Gort: No. Commissioner Spence -Jones: Like if he selects someone, the contract has to come in front of us? Chair Gort: No, no. Commissioner Spence -Jones: Oh, no. Mr. Sosa: No, no. By placing -- Chair Gort: Let me ask -- Commissioner Spence -Jones: That's -- Chair Gort: -- let me clarify that. Commissioner Spence -Jones: -- horrible. Chair Gort: My understanding is in conversations that I had, there's a group of individuals that are already being classified and they're part of a team that will perform work for the City of Miami. Am I correct on that? Mr. Sosa: There's two cases. We have -- Chair Gort: Okay. Mr. Sosa: -- JOC (Job Order Contract) -- what we call JOC contractors that are on board, that are previously competitively selected, that sometimes we utilize them for these contracts. Chair Gort: Right. Mr. Sosa: But there's some projects that we don't use -- the larger ones basically -- Chair Gort: Right. City ofMiami Page 62 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Commissioner Spence -Jones: Yeah. Mr. Sosa: -- the JOC process. By placing a project on the expedite list, it allows the City Manager to execute the contract with the lowest responsive bidder without appearing before the Commission. Commissioner Spence -Jones: I can't speak for anybody else's district, but I don't want to have that happen, so is there any way I can amend that, that anything that's a District 5 item, I would definitely want to know what's going out and making sure that we vetted enough so the things that we've asked for in these projects, they happen. So I know we got a first and second. I'm just asking for an amendment. If they're not really interested in who works on their projects, that's fine. But I think it's extremely important that in my district, you know, there is the kind of outreach that's necessary, 'cause I've had too many problems where that does not happen. Mr. Sosa: I -- Chair Gort: My understanding -- let's see if we can help out a little bit. Can we add to the contract that the person selected, the lowest bidder, can we add to the contract to make sure that they hire people and they provide the information, they hire people within the district they're going to be performing? Are you comfortable with that? Commissioner Spence -Jones: All I'm saying is -- I'm not saying out of the other four districts. That's fine, you know, if that's what -- if that's the will of the four Commissioners, that's fine. But for District 5 -- I mean, we've had this conversation, Albert, and you have agreed that that has been a challenge. So I'm just saying for any projects that are D5 (District 5), for my City Manager, you know, you guys go through the process. I don't have a problem with that. But I definitely want to make sure that the key things that I need to see happen -- and you know this, Luis; you've gone out and you've seen. So I'm not saying -- we can vote on this; just amend it. For District 5 projects, there definitely needs to be some sort of community outreach element added for my small businesses and for the workforce part of it. It's extremely important so -- on my side. Commissioner Suarez: Mr. Chairman. Commissioner Spence -Jones: I can't speak for any others. Chair Gort: Commissioner, unemployment in the City of Miami is at 13 percent in all the districts, so I think we all agree with the -- with that clause, so the amendment to the -- I believe it's very important to receive funds when -- from the City of Miami. They should try to hire people. And we had a lot of qualified individuals -- Commissioner Spence -Jones: I know that. Chair Gort: -- in construction that live in all our different neighborhoods, so that could be -- my understanding is -- and I don't know if you'll be happy with the -- part of the contract will be the same thing we've used with other contracts, the provision where they had to hire local individual and have report to us what the individual are. Commissioner Spence -Jones: And I'm saying, Mr. Chairman -- I'm not disagreeing with -- I think your amendments are great. I'm just saying -- we can keep it the way you want. I'm just saying for District 5 projects. I don't -- Chair Gort: You want them to bring it back to you. Commissioner Spence -Jones: I would prefer -- Chair Gort: Okay. Commissioner Spence -Jones: -- for us to at least make sure that that part of it is City ofMiami Page 63 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 included in the agreements because it does not happen in my district, and I'm not just talking about my district. I'm talking about -- really, honestly, in the end, because a lot of your residents, they work on my projects in my district, so it's about making sure that the City residents get first preference and that does not happen. So I'm -- so for me, I'm just saying, can we just amend it? And they can expedite all four of you guys' pro -- I mean, buil --projects in your district, that's fine. But for District 5, I would like to make sure -- Mr. Sosa: Okay. Commissioner Spence -Jones: -- that that process is vetted out and at least there's some sort of inclusion. Chair Gort: The question, Commissioner Spence -Jones, is do you want it to come back to the full Commission? 'Cause what we can do is -- any contract, before it's signed, it should be approved by us. Commissioner Spence -Jones: Oh, I agree with that. Now that works, but that's not what he was saying before. Chair Gort: No. Well, that's -- well -- Commissioner Spence -Jones: They're saying they're going to go do the contracts and we won't even see them. Uh-uh. Chair Gort: No, no. What I'm saying is if it makes everybody a little better, we can look the contract before they sign it instead of bring it back to the Commission. I'll do whatever the majority would like to do. Commissioner Spence -Jones: Okay. If they'd -- Commissioner Suarez: Mr. Chairman. Commissioner Spence -Jones: -- like to do it, then fine. Chair Gort: Commissioner Suarez. Commissioner Suarez: Thank you. Is there -- and again, I know there's been modifications to this expedited list. At this particular time I'm not sure if there's any from my district. But is there any pressing need to do this today or can we do this in two weeks? Mr. Sosa: There -- Commissioner Suarez: This is a need? Mr. Sosa: -- is. Commissioner Suarez: Okay. Mr. Sosa: There is on -- okay. If I may -- Commissioner Suarez: Sure, of course. Mr. Sosa: -- through the Chair. Commissioner Suarez: Please. Mr. Sosa: There's two specific projects, the Hyatt building retrofit -- Chair Gort: Yes. City ofMiami Page 64 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Mr. Sosa: -- and Northwest 9th Street that are currently in the process. We need to award those to move forward. There's certain time constraints with the funding associated with those that we need to move forward with those. Commissioner Suarez: So -- Mr. Sosa: So I do stress that we should vote on this item today. Commissioner Suarez: Can I just jump in real quick? Mr. Sosa: Yeah. Commissioner Suarez: Because it -- what districts are those two projects in? Mr. Sosa: They're in District 2 and District 1. Commissioner Spence -Jones: But they have citywide impact. Hyatt has a citywide impact. Mr. Sosa: Hyatt, it is citywide. That's correct. Commissioner Spence -Jones: See, that's what I'm saying. Commissioner Suarez: Yeah. Commissioner Spence -Jones: Come on, guys. Uh-uh. Commissioner Suarez: So -- Commissioner Spence -Jones: We want -- we need transparency. Commissioner Suarez: -- why don't we -- what I'm saying is why don't we --? I mean, I -- you know -- I was -- Chair Gort: The question -- Commissioner Spence -Jones: I don't understand why we would not want the contracts to come in front of us to see before the City Manager entered -- Commissioner Suarez: I have no issue with that. Commissioner Spence -Jones: -- into any of these agreements. Commissioner Suarez: Yeah, I have no issue with that. Commissioner Spence -Jones: Come on, guys. Commissioner Sarnoff: Well, let me -- Johnny Martinez (City Manager): If I -- Chair Gort: No, I don't have any problem with that, but the -- it's the taking it to the Commission, got to wait. It delays it a month. Commissioner Sarnoff: No, no, no. But that -- Chair Gort: Okay. Commissioner Sarnoff: --but there's something else too. Chair Gort: Go ahead. City ofMiami Page 65 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Commissioner Sarnoff: Because didn't we pass an ordinance that was lowest bidder and then 10 percent. Wasn't there --? Mr. Sosa: That's correct. The way the ordinance reads is the lowest bidder -- lowest responsive and responsible bidder -- Commissioner Sarnoff: Right. Mr. Sosa: -- can be awarded the project, and it authorizes -- the way the ordinance reads, the City Manager's authorized, within 10 percent of that amount, to issue change orders, et cetera. Commissioner Suarez: No, no, no, that's not -- Commissioner Sarnoff: No. Commissioner Suarez: -- what he's asking. I know what he's asking. Mr. Sosa: Sorry. Commissioner Suarez: Excuse me, Mr. Chairman, if I may just jump in. Chair Gort: Go ahead. Commissioner Suarez: I think what he's saying is when we go out to bid, there's a local preference -- Commissioner Sarnoff: Right. Commissioner Suarez: -- that we have -- Mr. Sosa: Yes, yes. Commissioner Suarez: -- in our ordinance which we amended and actually expanded before Commissioner Spence -Jones came back to the Commission, and we expanded it to make it broader so that more local businesses could avail themself [sic] of that local preference. Commissioner Spence -Jones: Right. Chair Gort: Okay. Commissioner Suarez: And basically, the way it works, my understanding is that -- and Mr. Robertson, you can address this. But if there's a low responsive bidder and the second bidder is a local company and is within, I think -- 15 percent, I think, was the final -- what we finally settled on -- within 15 percent of low bid price, that local bidder can step into the shoes of the person who is not local and actually get -- and is -- has a legal right to actually demand that contract and get the contract versus the outside bidder. Is that kind of --? Kenneth Robertson (Director, Purchasing): With some clarifications, Commissioner. The local preference sections -- Chair Gort: Excuse me. Mr. Robertson: -- of the procurement code -- Kenneth Robertson, Purchasing Department. Chair Gort: Thank you. Mr. Robertson: The local preference provisions of the procurement code were updated in July to specify that a bidder who maintains a local office, who's within 15 percent of City ofMiami Page 66 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 the otherwise lowest responsive responsible bidder will enter into a best and final offer Commissioner Suarez: That's right. Mr. Robertson: -- phase with the lowest -- Commissioner Suarez: That's right. That was your amendment. Right. Mr. Robertson: -- bidder and the local bidder. Commissioner Suarez: That's right. Mr. Robertson: The winner, the lower best and final offer in that situation would be offered the contract regardless if they are the local bidder or not. Commissioner Suarez: That's right. Commissioner Sarnoff: So now let me just kind of -- thank you, by the way, for bringing that back to where I was. Commissioner Suarez: Sorry. Commissioner Sarnoff: So now we have an ordinance which, when we're going to do a City project, requires us -- or at least gives us the opportunity, not the guarantee of having a local bidder. My now problem is -- and maybe it's a little bit political. But look what's happening to me. By bringing this back to the City Commission, somehow there's a guise that we're somehow inserting our preferences into a contract when there's been a valid RFP (Request for Proposals) process. And when I say look what's happened to me, you know, look at the Tibor Hollo situation. You know, Tibor Hollo was about to provide 330 jobs and somebody mischaracterized what was said and said he was going to receive money, and he wasn't receiving money. What he was getting was a little TIF (Tax Increment Fund) revenue on the back end, and now all of a sudden he becomes my guy and I'm being assailed for doing that, and that's okay; being up here is part of it. I'm not prepared to put myself in the position of saying, oh, Commissioner Sarnoff and his buddies somehow short-circuited an RFP process by getting his favorite people, so to speak, the job. So -- Commissioner Spence -Jones: Okay. I definitely need to respond to that. Commissioner Sarnoff: Go ahead. Commissioner Spence -Jones: Okay. All right, so first of all, this is not about whether or not, you know, Commissioner Sarnoff's guy or anybody else's guy gets preference. This is making sure that we keep the process transparent. When we put ourself [sic] in a situation where we put all that power into one person that has the ability to make the decisions as to who's going to do projects that are going to affect every single last one of our districts, I think it's extremely important for us to be responsible and be a part of that. I don't care if it's the man on the moon. We should know that and we should not be supporting him making those kind of major decisions -- I'm glad you mentioned the Hyatt. Yes, it's in your district, but it has a district wide -- it has a citywide impact. So honestly, I think that this is also an item that needs to be tabled because we need all five Commissioners discussing it. It should not be four Commissioners discussing this item because this item is -- has some sort of fiscal impact on what we do every single day. So I would ask, Mr. Chairman, if -- that we can table this item until we have all five Commissioners and deal with it. I do not agree with the City Manager having all of that right to just do that. I just don't. And we should -- just because -- we already know the City right now, fiscally and all the finance issues, all the things we got going on right now, we need to hold off. Commissioner Suarez: Mr. Chairman. City ofMiami Page 67 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Chair Gort: Let me give you a suggestion. My understanding is of all those projects you have lined up in here, there's only a few of them that going to go out for bid or for RFP or all of them? Mr. Sosa: Okay. Commissioner Spence -Jones: All of them. Mr. Sosa: Of the ones that are listed on the list, there's -- as I discussed earlier, there's an option. On the smaller -- once we get further along in the process, if we see that there are smaller projects -- Chair Gort: What's the cap for smaller? Mr. Sosa: We typically -- it varies. We look at somewhere between half a million and three quarters of a million. It's not a hard cap. It's a soft cap. We go over it in some occasions. For larger projects, we do put an RFP out on the street for those. One item I would like to add to the discussion because I believe it's relevant. When this legislation was originally introduced in 2008, the impetus behind it was to accelerate the rate at which the City was putting dollars on the street, and it was tied to federal and state programs that have hard dates on the spending of their funds. So a lot of projects that you see listed on here, the Hyatt being one of them, it is grant funded by ARRA (American Recovery Reinvestment Act) stimulus dollars that have an expiration date. And the -- one of the things that this expedite list does, it allows us to move forward with these projects in a fashion that we can maintain the integrity of the grant dollars that are given to us. The Hyatt is an excellent example. Those grant dollars expire September of next year. Chair Gort: Let me give you a suggestion. What we want to make sure is whoever is hired, they comply with our requirement to hire individual within the City of Miami "X" percentage. Okay. That have to be part of the contract. That contract should come to the Commissioners, get five days. If any of the Commissioners have any problems with the --within the five days, bring it to the Commission -- to the whole Commission then. Commissioner Spence -Jones: Oh, I'm fine -- so you -- I just want to be clear with what you're saying, Mr. Chairman. You're saying that whoever the City Manager decides to select -- Chair Gort: Select. Commissioner Spence -Jones: -- that before he actually awards the contract -- Chair Gort: Correct. Commissioner Spence -Jones: -- we vote on it, because it could be any issues. The contractor could have issues that we don't know about and -- Chair Gort: Right. Commissioner Spence -Jones: -- he's gone into a contract with him and we've already agreed that it's okay for him -- and guess what? Suppose it's not Johnny. We love Johnny. Johnny's great. But what about Johnny -- if Johnny's not here? So no, I just don't think that it's a smart -- I like your suggestion, Mr. Chairman. Chair Gort: The suggestion is -- Commissioner Spence -Jones: Any -- Chair Gort: Any one of us have an objection, then it's got to come in front of the whole Commission. Commissioner Spence -Jones: Objection or any contract that is -- anybody he selects City ofMiami Page 68 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 has to come in front of the City Commission for us to approve. Chair Gort: That was -- my suggestion is trying to expedite. My suggestion is we read the contracts. If we agree with the contract, why bring it back? If we have five -- we can get five days to look at it. If we disagree, then we'll bring it back to the Commission for approval. In other words, if we read the contract before -- Commissioner Spence -Jones: We. You mean if the Commission. Chair Gort: We, the Commissioners, as individual, we all get part -- we all get copy of the contracts. Commissioner Spence -Jones: Okay. Chair Gort: We all look at it. If we have an objection and we don't think it's the correct, bring it back to the whole Commission, any one of us. Commissioner Spence -Jones: Okay. I guess I -- what I -- I guess maybe if my -- I like what you're saying, but I guess my confusion would be is if the five days --within these five days we -- you would send us over the -- send everybody the contracts and then at that point, if we -- we're concerned about them, then we communicate that to the Manager and then the Manager decides to put -- that's -- to me, that's adding a bigger delay. Mr. Martinez: Can -- Commissioner Spence -Jones: To me it would -- that's a bigger delay because -- that's not a bigger delay to you? And not only that -- but it's okay. I'm just putting it out there. I don't think that's transparent. Chair Gort: Okay. If you want to bring it by the Commission, I don't have a problem. I'm sure the Manager will -- won't -- that either, so -- Mr. Martinez: Can I make a comment? Vice Chair Carollo: Bring it back. Mr. Martinez: I mean, the logic behind the expedite was back when the ARRA funds and the feds were issuing money and it had to be shovel -ready -- Chair Gort: Yeah. Mr. Martinez: -- and it couldn't go through the normal process of -- in some municipalities, it took months 'cause they had to go to committee and then from committee to the Commission and they eliminated that. And then the Administration would come back with a list of projects that they expedited and give it to the Commission to ratify, which is really after the fact. I don't know -- I don't understand what that means. But having said that, I don't see a problem with just not having an expedite list and just going through the normal process that we do -- Chair Gort: Fine. Mr. Martinez: -- on any project. Commissioner Spence -Jones: I think -- Chair Gort: Okay. Mr. Martinez: I mean -- Commissioner Spence -Jones: -- it's important. City ofMiami Page 69 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Chair Gort: That's fine. You want to do that, that's -- Mr. Martinez: -- that was -- Commissioner Spence -Jones: Why won't -- Chair Gort: I'm sure you don't want -- (UNINTELLIGIBLE) 12:03:15 I don't have any problem with that. Mr. Martinez: I mean, the logic -- Chair Gort: Okay. Mr. Martinez: -- was to get the work out in the streets. Commissioner Suarez: Mr. Chairman. Mr. Martinez: People were hungry for work, and we needed to be shovel -ready. Chair Gort: Commissioner Suarez. Commissioner Suarez: I just have one question on that if we're going to do away with the list completely, 'cause I think that's kind of where you were -- the genesis of what you were saying, which was let's discuss whether we need an expedited list or not to begin with. My only concern is for a small projects, things that need to be done quickly, that's the only concern I have, and JOC-related work. JOC is a whole system that probably should only be confined to small projects anyways. But if it's something very, very, very small so that we can respond to our constituents -- a lot of times our constituents will come and say, look -- Commissioner Spence -Jones: I got a broken sidewalk. Commissioner Suarez: -- for example -- Exactly. That's exactly -- that's the perfect example. Commissioner Spence -Jones: And I don't -- Commissioner Suarez: That's the perfect example. Commissioner Spence -Jones: -- have a problem with having a limit on that. Anything that's not over -- Commissioner Suarez: Fine too. Commissioner Spence -Jones: -- 100,000 or whatever, but I -- Commissioner Carollo did just walk in. He said let's just deal with this after. So let's figure out what that number is and then get staff to agree based upon -- Commissioner Suarez: Fine with that. Commissioner Spence -Jones: -- history and then do it that way. In the end, guys, I think this is going to be the smartest way for us to handle this because we don't want to -- I know we -- none of us want to be caught up in the middle of, you know, we agree for the City Manager to just do whatever he wanted to do, and I'm not talking about Johnny because Johnny and I are cool. It's not about Johnny. It's about anybody that may not be in that chair. Chair Gort: Any manager. Okay. Commissioner Spence -Jones: Even though we know you're not going nowhere, right? Huh? City ofMiami Page 70 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Chair Gort: Yes, sir. Commissioner Spence -Jones: The last time I asked somebody that question -- you're not going anywhere, right? Mr. Martinez: (UNINTELLIGIBLE) 12:04:46. Commissioner Spence -Jones: Okay, good. Mr. Martinez: Unless you guys (UNINTELLIGIBLE) 12:04:48. Commissioner Spence -Jones: Okay. Chair Gort: Commissioner. Vice Chair Carollo: Thank you, Mr. Chairman. First of all, I apologize that for some of the discussion I wasn't here. I've been, like I said, working on the FOP health trust agreement. With that said, you know, Commissioner, you know, you bring valid points that, you know, I've raised with the Administration in the past and I've had issues with it, so you bring valid points. And I don't mind, you know, either deferring this or not taking action on this or however you want to handle it. I know Commissioner Suarez brought up a good point. As a matter of fact, if you go back in the minutes, I have -- I myself have asked what's the limit on JOCs, you know. And I have asked is a JOC contract -- do we pay more on a JOC contract than in a regular, you know, RFP and so forth. So all these questions are valid, and I don't have a problem not taking action or deferring this, you know, whatever the will of this Commission is. Commissioner Spence -Jones: Well, I do want us to get past it, and I think the way -- I think we resolved the issue that -- and Johnny, thank you for coming, Mr. Manager, and clearing it up. He doesn't have a problem with bringing all contracts so we address it. And then I think what we need to do maybe when we -- by the time we get back is just figure out, based upon what Commissioner Suarez has said, what's the limit of that amount, and hopefully CIP (Capital Improvements Program) can say, well, guys, we need to at least have at least discretion up to 100,000 or -- Commissioner Suarez: Mr. Chairman. Commissioner Spence -Jones: -- whatever that number is in order for it to make sense. Commissioner Suarez: Mr. Chairman, if I may. Chair Gort: Let's table it and bring it back after lunch -- Commissioner Suarez: I can just add one thing. Chair Gort: -- and come up with a specific figure how you're going to use JOC. Yes, sir. Commissioner Suarez: And if I could just come up with one additional thing, which I think, you know, everybody may agree on, which is we may -- in addition to JOC and the limitations, there's another limitation, which is a time limitation, which is I think important too, because we don't want to use grant funds or federal funds -- Commissioner Spence -Jones: No. I got you. Commissioner Suarez: -- as a result of a time deadline. Commissioner Spence -Jones: That makes sense. Commissioner Suarez: And so that's the only -- right. Commissioner Spence -Jones: Not a problem. City ofMiami Page 7] Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Commissioner Suarez: So to the extent that that can be incorporated into the discussion -- Commissioner Spence -Jones: Not a problem. Commissioner Suarez: -- I think it would be wise for us to do so. Commissioner Spence -Jones: No problem. Chair Gort: Yes, ma'am. Alice Bravo (Chief of Infrastructure): Hi. Alice Bravo, assistant City Manager. You know, when this ordinance was created, it was created to provide an option, and this list -- any project placed on the list gives you that option of the expedited procurement. So I don't think that I'm hearing the Commission say to repeal the ordinance, but certainly we can maintain it and strike any project here that you want to make sure in your district, for example, comes back here or any particular Commissioner. Commissioner Spence -Jones: No, no, no. I think -- Chair Gort: No, no, no. That's not the issue. Commissioner Spence -Jones: We're not going to do that. Chair Gort: The issue is -- Commissioner Spence -Jones: We're not going to carve things out. I think -- Chair Gort: -- whoever gets the contract got to make sure they hire people within the City of Miami. Commissioner Spence -Jones: And that the contract comes in front of the City for us to vote on as a body. Chair Gort: Right. Commissioner Suarez: What I think we're saying -- I think what we're saying is we want to change the ordinance, which is that we want to make modifications to the ordinance, you got to put limitations on it with -- verse -- you know, with respect to amounts for certain kinds of projects with respect to projects that are -- Commissioner Spence -Jones: Grants. Commissioner Suarez: -- time sensitive, you know, and I think that's what it seems like I'm hearing here. I don't know if anybody else -- Commissioner Sarnoff: Can I say something? 'Cause I want to -- I'll be honest with you. I want to maintain an expedite ordinance. I want to find what we legally can do to put people to work in the City of Miami. I want to go as far as the envelope with provide, you know, within the law. But you know, I got to tell you guys. There have been people who have only been surviving based on the fact that there have been some government, you know, jobs out there in terms of public works projects, and I don't know that it's gotten a whole lot better. Maybe it will. I think Swire Property breaks ground in February, but I don't know that there's been a lot of new construction out there. So I'd like to see a way to try to preserve the integrity of the ordinance. I'd like to see a way of fulfilling the statement that as many City of Miami employees can be employed, but I want to do it legally. I don't want to put a requirement that won't be upheld in a court of law, so I think the City Attorneys going to have to somehow -- I don't want the use the word pipe in, but you're going to have to review whatever it is we do. I think everybody can achieve their goals here today. If there's two projects that need to move forward, Mr. Sosa, then I suggest you break those two projects out and you bring them back at the next Commission meeting and you demonstrate to Commissioner Spence -Jones who's City ofMiami Page 72 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 going to be doing those projects and what the local hiring practices are going to be so you can obtain her vote. Commissioner Spence -Jones: Right. And let me say this, Commissioner Sarnoff, 'cause I don't want you to feel that I'm not trying to be supportive of, you know, the ordinance. That's not the point. I just think that we all have over -- I can't speak for a lot of other things, but over these last 60 days, I mean, we've had to deal with a lot in the City of Miami. And I think that if nothing else, we got to -- for the residents that see us and support us, they have to see that we're doing everything -- taking all the necessary steps to make sure transparency is here. And when you just narrow things down to one person, you know, and you don't have any additional eyes looking over a situation, it just creates the perception that, you know, we have other agendas, and I just don't want to be a part of that. I don't care who gets the job. That's not the issue. Once they get the job, I want to make sure that the small businesses in our districts are getting the work and I want to make sure that the people from the -- from our -- all of our communities are getting the work. So I'm just telling you, I'm a victim of what has been promised would happen in my district and it hasn't happened, so I'm saying to you, let's not, you know -- let's table this item. I think that it does require a little bit more conversation. And then we figure out the best way to make all of us happy in voting on this item. I'm sure there must be some items on here that you probably really want to see moved, you know, and I understand that. But I just -- I don't want it to come back and bite -- to bite you, me, or anybody else. Commissioner Sarnoff: I agree. Commissioner Spence -Jones: You know what I mean. Commissioner Sarnoff: I'm just saying I think there's something -- I think with more conversation, we can all get what we want. Commissioner Spence -Jones: Yeah. Chair Gort: I think so. Let me ask -- a suggestions and the -- this is mainly to the City Attorney. Contracts, they're very similar, especially when it comes in construction. What we're worrying about is the section which says we need people from the City of Miami to be hired. In other words, I think that should be part of all the contract. I think you still can go out for bid, select the lower bidder the way you want to do it, but the contract -- the final contract to be signed, it will have to come in front of the Commission Commissioner Spence -Jones: Yeah. Chair Gort: -- and we can still expedite it if it's already -- yes, ma'am. Julie O. Bru (City Attorney): If I may, Mr. Chair, members of the Commission. I think, as Alice pointed out, what's before you today is just the list of projects, and based on the expedited ordinance, the City Administration is required to come to you any time they want to make changes to the list of projects, so that's what we were here -- what we were doing here today. Now it has been brought up by Commissioner Spence -Jones that she doesn't feel comfortable with the information, or do we know whether or not the intent of this ordinance that was adopted back in 2008, the expedited ordinance, was to get the money on the streets right away. You made -- when you adopted the ordinance, you made a legislative finding that it was necessary and appropriate and in the best interest of the City of Miami to take immediate steps to help stimulate the economy. That's why when you adopted the expedited ordinance, you deviated from your practice of being the one who actually awards the contracts. And in the ordinance, you said, Mr. Manager, you may -- he doesn't have to -- as long as you have at least three bids and you go with the lowest bidder and, of course, you interject into that whatever local preference rules we have, as long as all those things are met and you have a responsive responsible bidder, you may, without coming to the Commission, award the contract. That was -- City ofMiami Page 73 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Chair Gort: Right. Ms. Bru: -- the intent of doing this. Now, if the policy is that, look, we want to know whether this has worked, whether it has stimulated the economy, the local economy, why don't you have them report to you. What has been the success of the project and whether -- you will either be comfortable or uncomfortable with it. Chair Gort: Mainly what it is, I don't think it's the -- mainly what we're discussing is the person selected, they can be selected right away, make sure that they comply with a requirement of City employ --employ people from the City of Miami. That could be part of the contract. You can still go through your RFP. I don't think anybody's talking about the -- go out for bid and select the lowest bid. What we're worrying about is the final contracts, to make sure that the developer will comply with our requirement that they hire people within the City of Miami. I think -- and that -- you can have a drafted contract already has that. Then the other changes, you can make according to the contract. Now what we want you -- when you come back, give us a specific time -- I know there's some bond funds that are out there that need to be expend within a certain time in order to comply with the requirement of the bond issue. At the same time, come back with a limit what we -- how will you use the -- what do you call them -- the JOCs. I think that's very important, and the people that have been selected. And those people also can comply -- required to comply with the -- that requirement of the employment, City employee. Okay. Mr. Sosa: Through the Chair -- Chair Gort: Yes. Mr. Sosa: -- if I may. Just one specific item I want to clarify on this because I think it's relevant 'cause it is -- the Hyatt item, it is a citywide item, agreed. We -- it's funded through a grant from the federal government that expires next year. The portion that we're seeking approval for now to add to the expedite ordinance for clarification is to physically buy the chillers. It's a long lead item. We need to buy the equipment. It's an equipment purchase basically. There's not labor involved with it. It is only an equipment purchase. I feel that if we do not at least add that to the list of expedited -- that material procurement to the list of expedited projects, it would put the funding in jeopardy. Chair Gort: So what you're asking is a motion to add the Hyatt chiller into the expedite. That's it. Commissioner Spence -Jones: Yeah. And let me just say this. I agree with you, Albert, so I'm sure for something like that, that's not an issue. But let's not -- let's make sure we're all clear. So we're going to table the item and then we'll address it when we come back. Chair Gort: Come back and (UNINTELLIGIBLE) 12:14:57 9th Street. Commissioner Spence -Jones: We know what you need to get done. We hear you. I see it on your face. Mr. Sosa: No, I understand. We would go back and work with the Legal Department to develop contract language regarding local workforce participation, small business participation, et cetera -- Commissioner Spence -Jones: But we know you need -- Mr. Sosa: -- that would -- Commissioner Spence -Jones: -- that chilling plant. Mr. Sosa: Yes, I do. City ofMiami Page 74 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 RE.7 11-00817 Office of the City Attorney Commissioner Spence -Jones: Yes, we got it. Chair Gort: The Hyatt -- to me the Hyatt is very important, but 9th Street is very important to me too. Commissioner Spence -Jones: Yes. Mr. Sosa: That's correct. Chair Gort: Okay. Commissioner Spence -Jones: Okay. Chair Gort: Thank you. Commissioner Spence -Jones: Thank you. Chair Gort: You want to take one more and --? RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE 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 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 MOVED: SECONDED: Francis Suarez Frank Carollo Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Spence -Jones RE.8 RESOLUTION 11-00751 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 75 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Capital AMENDMENT NUMBER 6 TO THE CONSTRUCTION MANAGER AT RISK Improvements AGREEMENT ("AGREEMENT"), WITH SUFFOLK CONSTRUCTION Program 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. RE.9 11-00777 Department of Solid Waste 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 MOVED: Francis Suarez SECONDED: Frank Carollo Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Spence -Jones Note for the Record: Item RE.8 was deferred to the Commission Meeting scheduled for October 27, 2011. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED AUGUST 9, 2011, PURSUANT TO INVITATION FOR BID NO. 273268, FROM CASCADE ENGINEERING, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PURCHASE OF INJECTION -MOLDED MOBILE REFUSE CONTAINERS FOR AUTOMATED GARBAGE COLLECTION -CITY OF MIAMI AND THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 11-00777 Summary Form.pdf 11-00777 Award Recommendation Form.pdf 11-00777 Tabulation of Bids.pdf 11-00777 Letters - Purchase Mobile Refuse Containers.pdf 11-00777 Invitation for Bid.pdf 11-00777 Legislation.pdf R-11-0410 MOVED: Marc David Sarnoff City ofMiami Page 76 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 SECONDED: Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo and Spence -Jones Commissioner Spence -Jones: RE.9. Chair Gort: RE.9, yes. Keith Carswell: Good afternoon, Commissioners. Keith Carswell, director for the Department of Solid Waste. RE.9 is an item to award Cascade Engineering the contract to purchase injection molded -- mobile refuse containers or garbage containers for automated garbage collection in the City of Miami. Also, the South Florida Governmental Purchasing Cooperative, which consists of other municipalities, will be piggybacking off of this contract should it be awarded. With their participation and purchasing power, by comparison we were able to get the purchase price for each container down from the prior contract. The prior contract, which has sense expired, a 95-gallon container was $49.03; within this bid, it's $46.17, so --which represents a significant savings to the City. Commissioner Sarnoff: I move this. Chair Gort: Okay. It's been moved by -- Commissioner Suarez: I second it for discussion. Chair Gort: -- by Commissioner Sarnoff -- Commissioner Sarnoff: And -- Commissioner Suarez: Quick -- real quick. Chair Gort: -- Commissioner -- second by Commissioner Suarez. Discussion. Commissioner Sarnoff: Can I say something before you --? Commissioner Suarez: Of course. Commissioner Sarnoff: Thank you. Commissioner Suarez: Please do. Commissioner Sarnoff: I just want to commend you, Mr. Carswell. I -- you took this issue like, I don't know, a lion with a piece of meat and just grabbed it. And I got to tell you, you have absolutely thoroughly impressed me with your understanding, your grasp, your union negotiations, your leadership. I am very big on Keith Carswell. I think you have really done a great job and I think you're a real credit to the City of Miami. I have enjoyed every conference I've had with you with this and I've absolutely thoroughly enjoyed the way you've grabbed the issue, understood the issue, have explained the issue back to me, and you know, I just can't say enough good things about you. This is something I've wanted to do for years and years here at the City of Miami and I think we're on the cusp and the verge of doing it. Mr. Carswell: Thank you. Chair Gort: Thank you. I want to say something. The -- every time I ask for a complaint or it's any complaint from one of my constituents, they take care of it right away so I, too, would like to thank you. Mr. Carswell: Thank you. City ofMiami Page 77 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 3:00 P.M. ES.1 11-00891 Office of the City Attorney Chair Gort: Commissioner. Commissioner Suarez: Thank you, Mr. Chairman. I want to echo both of your statements. I really didn't think that this was possible to do so quickly. I mean, I'll be honest with you. I'm kind of -- just kind of in shock in a positive way, you know, of our ability to actually have accomplished this in such a short period of time, so I do very much echo the statements of what was said. I think this will be my first yes vote on one of your items. One of the things I was telling Mr. Carswell when I briefed with him is yes or no, regardless of my decision, he always has a smile on his face and he takes it in a good spirit and, you know, we come back in good faith and talk about the issues, and I very much appreciate that professionalism that he comes to work with. Mr. Carswell: Thank you. Chair Gort: Thank you. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. EXECUTIVE SESSION EXECUTIVE SESSION UNDER THE PARAMETERS OF F.S. §286.011(8), F.S. [2010], THE PERSON 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 City ofMiami Page 78 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 3:00 P.M. RE.10 11-00891a Office of the City Attorney DISCUSSED END OF EXECUTIVE SESSION RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY KENIA PEREZ THE TOTAL SUM OF $550,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEY'S FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, KENIA PEREZ VS. THE CITY OF MIAMI, PENDING IN THE U.S. DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 10-21179-CIV-COOKE/TURNOFF, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 11-00891a Memo -Office of the CityAttorney.pdf 11-00891a Memo - Financial Signoff .pdf 11-00891a Legislation.pdf R-11-0411 MOVED: SECONDED: UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Marc David Sarnoff Frank Carollo Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF RESOLUTIONS BC.1 RESOLUTION 11-00511 Office of the City Clerk BOARDS AND COMMITTEES A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FORATERM DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Marie Vickles Commissioner Michelle Spence -Jones 11-00511 Arts CCMemo.pdf 11-00511 Arts Current Members.pdf R-11-0417 MOVED: Frank Carollo City ofMiami Page 79 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 SECONDED: UNANIMOUS Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.2 RESOLUTION 11-00228 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Jose A. Reisco Vice Chairman Frank Carollo Carlos Trueba Commissioner Francis Suarez Carol Gardner Commissioner Michelle Spence -Jones 11-00228 Audit CCMemo.pdf 11-00228 Audit Current Members.pdf R-11-0418 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.3 RESOLUTION 11-00229 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Marie Louissant Commissioner Michelle Spence -Jones Alexander Cardenas Commission -At -Large 11-00229 Bayfront CCMemo.pdf 11-00229 Bayfront Current Members.pdf R-11-0419 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez City ofMiami Page 80 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.4 RESOLUTION 11-00888 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Hattie Willis Commissioner Michelle Spence -Jones 11-00888 CEB CCMemo.pdf 11-00888 CEB Current Members.pdf R-11-0420 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones (BC.4) RESOLUTION 11-00888a Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING DAVID BERLEY AS A MEMBER OF THE CODE ENFORCEMENT BOARD. R-11-0421 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones (BC.4) RESOLUTION 11-00888 b Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: David Lewis Commissioner Marc David Sarnoff City ofMiami Page 8] Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 R-11-0422 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.5 RESOLUTION 11-00513 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Giselle Fuentes Chairman Wifredo (Willy) Gort Connie Johnson Commissioner Francis Suarez Constance Gilbert Commissioner Michelle Spence -Jones Gwendolyn Dickson Commissioner Michelle Spence -Jones 11-00513 CSW CCMemo.pdf 11-00513 CSW Current Members.pdf R-11-0423 MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.6 RESOLUTION 11-00889 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Nathaniel Wilcox Commissioner Michelle Spence -Jones Deidria Davis Commissioner Michelle Spence -Jones City ofMiami Page 82 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 11-00889 CRB CCMemo.pdf 11-00889 CRB Current Members.pdf R-11-0424 MOVED: SECONDED: UNANIMOUS Frank Carollo Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.7 RESOLUTION 11-00516 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ricardo Ruiz Commissioner Francis Suarez Constance Gilbert Commissioner Michelle Spence -Jones 11-00516 CTAB CCMemo.pdf 11-00516 CTAB Current Members.pdf R-11-0425 MOVED: SECONDED: UNANIMOUS Francis Suarez Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.8 RESOLUTION 11-00890 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Aurelus Dorvil Commissioner Francis Suarez Charles Flowers Commissioner Michelle Spence -Jones Amarilys Perez AFSCME 1907 City ofMiami Page 83 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 11-00890 EOA CCMemo.pdf 11-00890 EOAB Current Members.pdf 11-00890-Submittal-Substitution For Item BC.8 Adding Back -Up Documentation.pdf R-11-0426 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.9 RESOLUTION 11-00448 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Pablo Acosta Chairman Wifredo (Willy) Gort Al Sales Vice Chairman Frank Carollo Manuel Vadillo Commissioner Francis Suarez David Wilson Commissioner Michelle Spence -Jones 11-00448 Finance CCMemo.pdf 11-00448 Finance Current Members.pdf R-11-0427 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.10 RESOLUTION 10-00766 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Dr. Laurinus Pierre Commissioner Michelle Spence -Jones City ofMiami Page 84 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 10-00766 Health CCMemo.pdf 10-00766 Health Current Members.pdf R-11-0428 MOVED: SECONDED: Michelle Spence -Jones Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones ABSENT: Commissioner(s) Suarez Direction by Commissioner Spence -Jones to the City Attorney to determine the actions necessary to expand the duties of the Health Advisory Board. BC.11 RESOLUTION 11-00233 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FORATERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: NOMINATED BY: David Freedman Vice Chairman Frank Carollo (Business/Finance/law - Category 6) 11-00233 HEP CCMemo.pdf 11-00233 HEP Current Members.pdf 11-00233 HEP applicants Summary.pdf 11-00233 HEP Applications.pdf R-11-0429 MOVED: SECONDED: Michelle Spence -Jones Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones ABSENT: Commissioner(s) Gort BC.12 RESOLUTION 11-00518 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Eileen Broton Commissioner Michelle Spence -Jones City ofMiami Page 85 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 11-00518 Homeland CCMemo.pdf 11-00518 Homeland Current Members.pdf R-11-0430 MOVED: SECONDED: Michelle Spence -Jones Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones ABSENT: Commissioner(s) Gort BC.13 RESOLUTION 11-00790 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MAYOR'S INTERNATIONAL COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Marleine Bastien Commissioner Michelle Spence -Jones 11-00790 MIC Memo.pdf 11-00790 MIC Current Members.pdf R-11-0431 MOVED: SECONDED: Michelle Spence -Jones Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones ABSENT: Commissioner(s) Gort BC.14 RESOLUTION 11-00519 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones City ofMiami Page 86 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 11-00519 MSEACCMemo.pdf 11-00519 MSEACurrent Members.pdf MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Marc David Sarnoff Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.15 RESOLUTION 11-00520 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Hershel Haynes Commissioner Michelle Spence -Jones 11-00520 NAB CCMemo.pdf 11-00520 NAB Current Members.pdf R-11-0432 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.16 RESOLUTION 11-00368 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Manoucheka Thermitus Commissioner Michelle Spence -Jones Betsy Mullins-Urwin City Manager Johnny Martinez 11-00368 PRAB CCMemo.pdf 11-00368 PRAB Current Members.pdf R-11-0433 MOVED: Michelle Spence -Jones City ofMiami Page 87 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 SECONDED: UNANIMOUS Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.17 RESOLUTION 11-00250 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR ATERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Neal Hall Commissioner Michelle Spence -Jones 11-00250 UDRB CCMemo.pdf 11-00250 UDRB Current Members.pdf R-11-0434 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.18 RESOLUTION 10-00919 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Marva Wiley Commissioner Michelle Spence -Jones 10-00919 Virginia Key CCMemo.pdf 10-00919 VKBPT Current Members.pdf R-11-0435 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.19 RESOLUTION City ofMiami Page 88 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 11-00521 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Denis Rod Commissioner Francis Suarez Luis Esteban Garcia Commissioner Michelle Spence -Jones 11-00521 WAB CCMemo.pdf 11-00521 WAB Current Members.pdf R-11-0436 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.20 RESOLUTION 11-00557 Office of the City Clerk BC.21 11-00794 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Daniel Suarez Civilian Investigative Panel Rolando Aedo Civilian Investigative Panel 11-00557 CIP CCMemo.pdf 11-00557 CIP Current Members.pdf 11-00557 CIP Memo and Resumes.pdf R-11-0437 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE City ofMiami Page 89 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Office of the City Clerk EMPLOYMENT REQUIREMENTS BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO DUCOSSE DELVAAS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL. 11-00794 CIP Employment Waiver CCMemo.pdf 11-00794 CIP Current Members.pdf MOVED: SECONDED: UNANIMOUS Frank Carollo Michelle Spence -Jones Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.22 RESOLUTION 11-00909 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE EDUCATION ADVISORY BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Dr. Dwight Bernard Commissioner Michelle Spence -Jones 11-00909 EAB CCMemo.pdf 11-00909 EAB Current Members.pdf R-11-0438 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.23 RESOLUTION 11-00832 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING THE MAYOR AND MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE -CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTED AS CHAIRPERSON: Commissioner Carollo of the Bayfront Park Management Trust Commissioner Sarnoff of the Downtown Development Authority Commissioner Spence -Jones of the Commercial Solid Waste City ofMiami Page 90 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Management Advisory Committee Commissioner Suarez of the Midtown Community Redevelopment Agency Commissioner Sarnoff of the Omni Community Redevelopment Agency Commissioner Spence -Jones of the Southeast Overtown/Park West Community Redevelopment Agency APPOINTED AS VICE CHAIRPERSON: Commissioner Carollo of the Mayor's International Council Commissioner Gort of the Midtown Community Redevelopment Agency Commissioner Suarez of the Miami Sports and Exhibition Authority Commissioner Suarez of the Omni Community Redevelopment Agency Commissioner Gort of the Southeast Overtown/Park West Community Redevelopment Agency APPOINTED AS MEMBER: Commissioner Suarez of the Greater Miami Convention and Visitors Bureau Commissioner Spence -Jones of the Metropolitan Planning Organization (MPO) Commissioner Suarez of the Miami -Dade County League of Cities Commissioner Spence -Jones of the Miami -Dade County Tourist Development Council Commissioner Carollo of the Miami River Commission 11-00832 Commissioners as Members of Boards CCMemo.pdf 11-00832 History Commissioners as Board Members.pdf 11-00832-Submittal-Substitution For Item BC. 23 Adding Back -Up Documentation.pdf R-11-0439 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Francis Suarez City ofMiami Page 91 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones A motion was made by Chair Gort, seconded by Commissioner Suarez, and was passed unanimously, to appoint Vice Chair Carollo as chairperson of the Bayfront Park Management Trust. A motion was made by Vice Chair Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Commissioner Sarnoff as chairperson of the Downtown Development Authority. A motion was made by Vice Chair Carollo, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Commissioner Spence -Jones as chairperson of the Commercial Solid Waste Management Advisory Committee. A motion was made by Commissioner Sarnoff, seconded by Vice Chair Carollo, and was passed unanimously, to appoint Commissioner Suarez as chairperson of the Midtown Community Redevelopment Agency. A motion was made by Vice Chair Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Commissioner Sarnoff as chairperson of the Omni Community Redevelopment Agency. A motion was made by Vice Chair Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Commissioner Spence -Jones as chairperson of the Southeast Overtown/Park West Community Redevelopment Authority. A motion was made by Commissioner Suarez, seconded by Vice Chair Carollo, and was passed unanimously, to appoint Vice Chair Carollo as vice chairperson of the Mayor's International Council. A motion was made by Vice Chair Carollo, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Chair Gort as vice chairperson of the Midtown Community Redevelopment Agency. A motion was made by Vice Chair Carollo, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Commissioner Suarez as vice chairperson of the Miami Sports and Exhibition Authority. A motion was made by Vice Chair Carollo, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Commissioner Suarez as vice chairperson of the Omni Community Redevelopment Agency. A motion was made by Vice Chair Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Chair Gort as vice chairperson of the Southeast Overtown/Park West Community Redevelopment Agency. A motion was made by Commissioner Spence -Jones, seconded by Vice Chair Carollo, and was passed unanimously, to appoint Commissioner Suarez as a member of the Greater Miami Convention and Visitors Bureau. A motion was made by Vice Chair Carollo, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Commissioner Spence -Jones as a member of the Metropolitan Planning Organization (MPO). A motion was made by Commissioner Spence -Jones, seconded by Vice Chair Carollo, and was passed unanimously, to appoint Commissioner Suarez as a member of the Miami -Dade League of Cities. A motion was made by Commissioner Spence -Jones, seconded by Vice Chair Carollo, and was passed unanimously, to appoint Commissioner Spence -Jones as a member of the Miami -Dade County Tourist Development Council. City ofMiami Page 92 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 A motion was made by Commissioner Sarnoff, seconded by Commissioner Suarez, and was passed unanimously, to appoint Vice Chair Carollo as a member of the Miami River Commission. END OF BOARDS AND COMMITTEES DI.1 DISCUSSION ITEM 11-00877 Department of Finance M.1 11-00857 Honorable Mayor Tomas Regalado DISCUSSION ITEM QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT EXPENDITURES FOR THE 4TH QUARTER OF FISCAL YEAR 2011. 11-00877 Summary Form.pdf DISCUSSED END OF DISCUSSION ITEM MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS", MORE PARTICULARLY BY CREATING ARTICLE 5, ENTITLED "AMNESTY/CODE RELIEF PROGRAM" FOR THE LEGALIZATION OF EXISTING BUILDINGS; PROVIDING FOR DEFINITIONS; PROVIDING METHODS OF LEGALIZATION OF EXISTING BUILDINGS; ALLOWING FOR MITIGATION OF FINES DUE TO PARTICIPATION IN THE AMNESTY/CODE RELIEF PROGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00857 Legislation.pdf MOVED: Francis Suarez SECONDED: Michelle Spence -Jones Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones ABSENT: Commissioner(s) Carollo END OF CITYWIDE ITEMS DISTRICT 1 City ofMiami Page 93 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 CHAIRMAN WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ D4.1 DISCUSSION ITEM 11-00872 DISCUSSION REGARDING THE SELECTION OF THE POLICE CHIEF. 11-00872 Email - Selection of the Police Chief.pdf DISCUSSED D4.2 DISCUSSION ITEM 11-00873 DISCUSSION REGARDING THE DESIGNATION OF A "QUIET ZONE" ALONG THE FEC CORRIDOR FROM NE 71 STREET TO THE PORT OF MIAMI. 11-00873 Email - Designation of a Quiet Zone.pdf DISCUSSED END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 DISCUSSION ITEM 11-00912 DISCUSSION ON THE FEASIBILITY OF AMENDING THE TICKET SURCHARGE ORDINANCE TO INCLUDE INCREASED REVENUE PRODUCING TERMS FOR ENTERTAINMENT EVENTS AT CITY OWNED VENUES AS WELL AS CITY-WIDE VENUES. City ofMiami Page 94 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 11-00912 Email -Amending Ticket Surcharge.pdf DISCUSSED D5.2 DISCUSSION ITEM 11-00913 NON AGENDA ITEMS NA.1 11-00969 Department of Employee Relations DISCUSSION ON THE STATUS OF ALL CITY OWNED PROPERTY IN LIBERTY CITY AND AN UPDATE ON ALL HOUSING AND ECONOMIC DEVELOPMENT PROJECTS IN LIBERTY CITY. 11-00913 Email - Update Housing Liberty City.pdf DISCUSSED END OF DISTRICT 5 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 MIAMI FRATERNAL ORDER OF POLICE , WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20, FOR THE PERIOD OF OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2012. 11-00969-Back-Up Documents.pdf R-11-0413 MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Gort: Okay. Do -- we have an agreement, I understand, to be approved. Yes, ma'am. Beverly Pruitt: Mr. Chairman. Beverly Pruitt, Human Resources director. This is a resolution to ratify the Fraternal Order of Police collective bargaining agreement with the City, the ratification between the City of Miami and the Fraternal Order of Police. Chair Gort: Okay, thank you. Commissioner. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: There's a question that I brought up to the Administration in the past. It's nothing new. It was with regards to the health insurance, which there's a concession there of $2 million. But at the same time there was a -- there's language that City ofMiami Page 95 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 stipulates in the contract that if the FOP (Fraternal Order of Police) Health Trust goes below a certain level, then the City is required to pay them $2 million or two million something dollars. So you know, I asked the question; I never really got an answer. I want to know from our financial team who has really looked at this, where are we and so forth because -- you know, although I want to approve this and I think it's great that the FOP has reached concessions with us, I still have to do, you know, due diligence. And it's something that -- I don't want that they go below a certain amount and then we have to pay back "X" millions of dollars, so can I get some --? Chair Gort: My understanding, the question was there was sufficient reserve. The minimum reserve they have to maintain is about $5 million, and the question was if they go below $5 million, what was the expectation in the past. Also, I believe it was stated that there was an account that at the time that was above $5 million and if it was confirmed. Yes, sir. Calvin Ellis: Calvin Ellis, director of Risk Management. In regard to the FOP Health Trust, the City contributes 65 percent of the cost, which equates to about 423,000 per pay period. The reserve amount that's allocated is $2.35 million in the contract. And if the reserve amount drops below that $2.35 million, then the City's obligated to bring the reserve amount back up to the $2.35 million. There is a upper threshold, the $5 million mark. Once the reserve exceeds $5 million, the Trust is obligated to return those excess amounts to the City. Currently the amount is approximately $6 million, but it's -- that -- those are unaudited numbers, so it's really dependent upon the audited numbers that are in -- are received. Vice Chair Carollo: And your -- Chair Gort: Thank you. Vice Chair Carollo: -- numbers are as of when? And I understand that they're not audited, but is it as of August 31 or 30th or is it after September 30? Mr. Ellis: Yeah. Their planned period expires July 31, so their plan year is August 1 to August 1. Vice Chair Carollo: So what you're saying is that we're waiting for an audit. And if that audit stipulates or determines that they're at $6 million, the City is supposed to receive $1 from that plan? Mr. Ellis: Correct. Vice Chair Carollo: So we should be receiving a million dollars from them sometime after -- sometime soon once the audit is complete. Mr. Ellis: Well, looking at it historically, their audits have come in almost four or five months after their plan year terminates. So usually we get their audited financials in January or February the following year. Vice Chair Carollo: But you're saying that it's as of July 31, right? Mr. Ellis: Correct. Vice Chair Carollo: So four or five months, it should be coming up around this time. Mr. Ellis: Correct, and yeah. There's anywhere from a 60- to 90-day lag in medical costs. So just in terms of people that have actually received benefits up to July 31, there's a little bit of a lag in terms of billings, but their claims are trending extremely high this year so it may be possible that that reserve amount that they have currently may drop substantially as a result of that claims experience. Vice Chair Carollo: I'm sorry; could you repeat that again? City ofMiami Page 96 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Mr. Ellis: Their claims have been trending extremely high this year compared to historicals, so even though they have a high reserve balance, more than likely to pay the claims, they're going to have to take money from the reserve balance because the contributions by the City and the employees in FOP Health Trust are insufficient to cover the current claim cost and administrative cost. Vice Chair Carollo: Right. but if I understand this correctly -- and you know, please correct me if I'm wrong -- they should, according to what you're saying, end up with a fund balance of somewhere in the area of $6 million. If they pay that -- if they pay $1 million to the City, then they should be at $5 million, more or less. Now what you're saying is that they're having -- or this year, it is foreseen that they're going to have higher claims -- Mr. Ellis: Right. Vice Chair Carollo: -- so they're going to have to dip into those $5 million. Now -- and my question's going to be two -fold. And first of all, correct me if anything that I had said thus far is incorrect. Mr. Ellis: No, that's correct. Vice Chair Carollo: Okay. My second question then would be -- and I want verify -- sometime in January the City should be receiving $1 million from this trust. Mr. Ellis: Well, any excess -- Chair Gort: Two. Mr. Ellis: -- amount over the $5 million. Vice Chair Carollo: Right. And you're calculating -- you're estimating about $6 million as of July 31, correct? That's what I think you said. Mr. Ellis: Right, the prior year. Vice Chair Carollo: Right. So if it's about $6 million and the cap is 5 million, then we should be receiving about $1 million sometime, you're saying, in January, but at least sometime after the audit report has concluded. Mr. Ellis: Well, they're going to have to dip into those reserves to make up the deficit between what they're collecting from the City and what the plan participants are paying to cover the administrative cost and the claims cost. Vice Chair Carollo: Right. But we're commingling two different things, and I'll tell you why. Because they're going to have to dip into the reserves -- Mr. Ellis: Correct. Vice Chair Carollo: -- from the $5 million. Mr. Ellis: Correct. Vice Chair Carollo: Okay, because anything over the $5 million is supposed to come back to the City. Mr. Ellis: Correct. Vice Chair Carollo: So if you're estimating -- and we're -- let's just say, you know, simple numbers. If you're estimating that they're going to be at 6 million, then the difference between 6 and 5 will be 1 million that should be coming back to the City of Miami. Mr. Ellis: Yeah. That -- City ofMiami Page 97 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Vice Chair Carollo: Now -- let me finish, please. Mr. Ellis: Okay. Vice Chair Carollo: Now, from those $5 million you're saying that they're going to have to dip into those reserves of $5 million. Correct? Mr. Ellis: Correct, the substantial amount. Vice Chair Carollo: Right. Now, with that said, my next question will be do you foresee them dipping below $2,350,000? Chair Gort: That's the question. Mr. Ellis: Yes. And the reason being -- I mean, historically, I think the last plan year their losses were somewhere in the neighborhood of, I want to say, 14 million. This year they're trending probably about 17 million or higher. Vice Chair Carollo: So -- okay. And this is why I want to break it down, because there's going to be the back and forth in cash. If they give us a million dollars, but then they go below -- and when I say "they," I mean the FOP Health Trust -- 2,350,000, then we are responsible, the City, to pay back any amount up to 2,350,000? Mr. Ellis: Right. We have to maintain that minimum 2.35 million. Vice Chair Carollo: Okay. How much lower do you foresee them going from that 2,350,000? And the reason why I'm asking is because part of the concession was $2 million in savings. Mr. Ellis: Correct. Vice Chair Carollo: But if we end up having to pay it back -- if we end up having to pay, you know, the money back, the concession of $2 million may actually not be a concession of $2 million. Mr. Ellis: Correct. I mean, the most recent report is approximately 90 days old in terms of the actual claims so we don't have total visibility on what the exact amount may be. I mean, they have some high dollar claims that are, you know, beyond what was anticipated so it may drop down substantially as a result of that. Commissioner Spence -Jones: Can I just ask a --? Chair Gort: Yes, ma'am. Commissioner Spence -Jones: I don't know if you have a lot more lines of questions. I just have -- Vice Chair Carollo: Yeah. Commissioner Spence -Jones: -- I have a question on top of your question. Vice Chair Carollo: Yeah. I'm still not one hundred percent clear. Chair Gort: He's not finished. Vice Chair Carollo: And, Commissioners and Mr. Aguilar, what I'm trying to do is make sure, you know, I do my fiduciary duty for the City and do my due diligence because what I don't want is that a concession that you all have made of $2 million ends up costing the City some money because it's gone below the amount -- the 2,350,000 level that needs to be standard. So I just want to verify so, you know, the $2 million concession does end up being a $2 million concession and a little further in the year it's City ofMiami Page 98 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 not that we actually have to pay back or we receive a $1 million, but then we have to give back $3 million or something of that sort. Commissioner Spence -Jones: Mr. Chair. Armando Aguilar: I can clarify that, if you want. Commissioner Spence -Jones: Okay, if you can clarify it, then -- Chair Gort: Yes, sir. Commissioner Spence -Jones: -- I'll yield to you. Mr. Aguilar: Armando Aguilar, president of Miami FOP. I know there's going to be some high claims out there, but that's why we have stop loss insurance. And regardless of how high those claims are, once you reach stop loss, which I believe, Harry, is 100,000, right? Unidentified Speaker: Two fifty. Mr. Aguilar: Two fifty. -- two hundred and fifty thousand, the stop loss covers the rest. So regardless of whether we have a million claim or not, stop loss covers the rest. The projections that were made should cover us considering the stop loss issue so that we don't dip below a 2.35. We have not dipped below a 2.35 now for quite a number of years. I want to go back and say about five years 'cause we've been prudently running the insurance trust and it's been working very well, so I don't foresee it going down simply because of that. Any high claims gets offset by the stop loss insurance. Chair Gort: Thank you. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: And thank you, Mr. Aguilar. And this is why I just want to verify 'cause Mr. Aguilar does not foresee it going below that level, but Mr. Calvin has said he foresees it going below that level, so I want to -- Mr. Ellis: Potentially, yeah. Potentially. Vice Chair Carollo: -- make sure that our financial team, that our -- you know, the City's team, you know, coincides with what you're saying so we prevent in the future that out of blue, well, the City now has to pay "X" amount to the fund because it's dipped below the amount. So, again, I just want to make sure the City from our part, we've done our due diligence. And like I said, I'm having, you know, conflicting -- Mr. Ellis: Right. Vice Chair Carollo: -- statements with regards to you thinking it's going to dip below and then I'm thinking well, how much is it going to cost the City. You're saying no, it won't dip below. So I just want to make sure we have some consensus in this and have a clear mind before I actually vote. Mr. Ellis: Right. Chair Gort: Okay. Mr. Ellis: And actually, you know, we've been increasing our level of collaboration with the FOP Health Trust. They benefit from an extremely healthy population demographically so their plan performs exceedingly well. But you know, their claims have been substantially higher this year over last year, like -- City ofMiami Page 99 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Chair Gort: Thank you. Commissioner Suarez: Mr. Chairman. Chair Gort: Yes, ma'am. Wait a minute. I have Ms. Spence -Jones. Commissioner Spence -Jones: I just have -- I'm going to go 'head and yield to you for a minute and then I'll just make my -- Commissioner Suarez: Okay. Commissioner Spence -Jones: -- quick comment on it. Commissioner Suarez: Okay. Chair Gort: Commissioner Suarez. Commissioner Suarez: Thank you, Commissioner. The way I understood it when it was explained to us was that the total amount in the fund is approximately $6 million. Mr. Ellis: Well, un -- yeah, but that's the unaudited reserves. Commissioner Suarez: Unaudited, et cetera. Of that 6 million, approximately a million, by operation of our contract, comes back to the City of Miami so that puts it at 5 million. If they concede another million, that puts it at four million. So my understanding is legally, we have to fund it at a level of about 2.3, so the fund itself is over funded, and we talked about it in the context of an escrow account. It's over funded to the tune of $1.7 million. It would be over funded. So the last five years they have been managing their fund in such a way that their balance has been increasing from 2.3 to approximately $6 million unaudited this year. So it has actually increased by about .7 -- $3.7 million over the last five years, roughly a little a million dollar -- little less than a million dollars a year. So what you're saying is that you believe that this year is going to be very different from the last four years where they've been increasing their balances, even though they were over funded to the tune of approximately, unaudited, about $1.7 million. Mr. Ellis: Correct. I mean, they've had some very favorable claims years where their claims and administrative costs had been below the City's contribution and the plan participants' contributions so -- Commissioner Suarez: Let me just see if I can maybe kind of reword what you're saying. What you're saying is that you believe that it is a possibility that they are going to manage their fund in such a way that they're going to blow through $1.7 million in excess reserves that they have? Mr. Ellis: I don't have visibility on the exact amount. Commissioner Suarez: Of course not. Mr. Ellis: What I do know is that their claims this year, for this current -- for the past plan year had been substantially higher than the previous years. Mr. Aguilar: I think that what he's looking at is projections. Chair Gort: Yeah. Mr. Aguilar: And we have always -- I don't think we've ever reached what projections were. We have always come underneath them, and obviously, we always make projections thinking of the worst -case scenario, but that doesn't mean that that's the number we're going to come up with. We have always been below the projections. As a matter of fact, in years past we have gone millions of dollars underneath the projections. Commissioner Suarez: And by the way -- City ofMiami Page 100 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Chair Gort: I believe that's the one things we requested this year when we put our budget together, to be very, very conservative. And I believe one of the things requested, we want monthly report on our expenditures and on our performance to make sure if there's any deviation that takes place, we could take care of it right away. I'm sorry, Commissioner Suarez. Finish. Commissioner Suarez: No. I just want to finish on this last point. I think in any budget and -- with any concessions, to a certain extent there is some degree of risk in terms of our decision -making. And you know, obviously, if that scenario plays out, then we are in a position of risk and I think -- I don't want to minimize the Vice Chairman's concerns. I think he has legitimate concerns. And you know, when we voted on our budget, there were some projections that we couldn't discuss and we voted our conscience and we moved on, and part of it is because you're taking into account projections, and we don't know how those things are going to come out at the end of the year. But in any event, I think, from my perspective at least, it seems to me like this fund is going to be over funded to the tune of approximately $1.7 million based on all the information that you've given me. If that's incorrect, I'm sure you'll come back to us immediately and tell us, look, once the books have been audited, that number is not 1.7; it's really 1.5 or hopefully it'll be 2, you know, when you -- once you audit it. Mr. Ellis: Right. Commissioner Suarez: But you know, and then whatever adjustments have to be made along the way can be made along the way. Mr. Ellis: Yeah. I mean, you know, one of the things I would like to say is, you know, the FOP Health Trust has been well managed. I mean, they have a very stable team. Their performance has been consistent over the last several years so, you know, there's a potential for a decrease in that reserve amount and -- just based on the current claims experience. But what we are doing is we're collaborating much more closely with the FOP Health Trust office so that we have increased visibility on their financials. Chair Gort: Well, thank you. I appreciate it. I think it's very important you guys work together and maybe we can learn from each other. I mean, their track record for the last five years, I think, has been very good. Ms. Spence -Jones. Commissioner Spence -Jones: I'm not sure -- Carollo, do you have another line of questions? Vice Chair Carollo: I wanted to follow up on a couple of things Commissioner Suarez said, but that's okay. I'll yield. It -- Commissioner Spence -Jones: Okay. Vice Chair Carollo: You know. Commissioner Spence -Jones: I just want to say this and this kind of just leads into this discussion we're having now. This is really more of a question for the Administration. This is not an item on the agenda right now, correct? Mr. Martinez: It's a pocket item to ratify the -- Commissioner Spence -Jones: Right. I just think that just -- you know, in the line of being efficient in how we're running our meetings, you know, we all come prepared to address what the agenda is about, and if there's any changes that -- you know, any pocket items that need to brought up, then we all need to at least get that information early enough, you know like this morning, so that if there's any questions that either one of the Commissioners have, then we should kind of get all of that information first to pass along to you so we don't take an hour with a new item that, quite frankly -- I can't speak for anyone else -- I'm not prepared to really discuss 'cause I'm here to really focus on the agenda that's in front of me. Now I do understand it's a pocket item and I'm glad City ofMiami Page 101 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 that we need to handle it, but I don't -- I think that we all need to be respectful on both sides of the dais. You know, I don't like putting City employees on the spot, but I also like for you guys to be also prepared to answer the questions. And when we see that you're not able to answer the questions, we need to table the item, allow for you to have the opportunity to get it together, and then discuss it. Because for us to keep going back and forth -- and Carollo had some great questions, some great points, so does Suarez; he had some great questions, some great points. I just want to be respectful of the agenda and what we have laid out in front of us today. So if there's a lot more to be asked on this issue, I would ask that we table it, and whatever questions that have already been asked, we deal with this before we leave today. But to have this pocket item come up before the agenda, I just think that's out of order. Chair Gort: Let me ask a question. Is the contract that we have in front of us the same contract that we review upstairs? Are there any differences from what we review when we were upstairs? Any changes in the contract that we had when we were upstairs? Luis Cabrera: Assistant City Manager Luis Cabrera. No, sir. It's what we reviewed at the executive session. Chair Gort: Okay, thank you. Commissioner Spence -Jones: And -- Vice Chair Carollo: Mr. Chairman. Commissioner Spence -Jones: -- let me just say this. Whether or not it is the same contract, it isn't, you know, we definitely want to know that. And I don't want to -- I'm not taking anything away from anybody's questions or points. I'm just -- I think it's extremely important for us to -- in order for us to be effective, we can't -- we have to have the information, you know, be prepared to discuss it, and not just throw it on before we start the -- we haven't even gotten to the agenda yet -- Unidentified Speaker: I agree with you. Commissioner Spence -Jones: -- and we're taking time to address this, and Administration is scrambling and it's -- I see they're scrambling trying to answer the questions, so I know y'all see them. So I just want to be respectful on both sides of the dais and say, let's table this issue. We've heard the questions, the concerns. I would like to have some of that information. At least we could get briefed before lunch or when we come back from lunch. But we need to get on with the City's business right now, which is the agenda, and come back to this item. And I'm going to ask the City Manager, any time we have any pocket items, can we please address those either after the agenda but not before we start the meetings. Chair Gort: Okay. Thank you. Appreciate it. Any other questions you'd like to have answered so staff can take the information? Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I'm not sure if this is the exact same contract we had upstairs or not when -- the Chairman is mentioning. However, the question that I have is the same. I had the question up there. Mr. Cabrera: I agree. Vice Chair Carollo: It's not like I'm pulling this out of the blue. It's not like I'm trying to, you know, surprise anybody with this. I had the same question up there and I think it's extremely valid and, you know. And again, you know, in order for me to approve something, I got to make sure that our team has done its due diligence, and this is a legit concern. You know, right here we had two different scenarios. Yes, Mr. Aguilar City ofMiami Page 102 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 thinks the risk is less. Mr. Calvin thinks the risk is more. But the bottom line is, I want to make sure, you know, from the City that we've done our due diligence and I can at least understand what the risk is before I actually vote. Obviously, there's -- Commissioner Spence -Jones: Now I don't -- Commissioner Carollo, I don't think we should vote. I think that we should table the item until we get the answers. That's all I'm saying. I'm not disagreeing with you. I think every point you always make is a very valid point. Thank God, we have you up here at least drilling down on some of these issues, so I'm thankful and grateful for that. But what I'm saying is can they get it together and then -- let's not try to work this out in front of us. It's just not appropriate. Mr. Aguilar: Well, Commissioner -- Chair Gort: But what I'm saying -- Commissioner Spence -Jones: That's all -- that's just -- Chair Gort: Excuse me. Mr. Aguilar: -- this is a projection. Chair Gort: What I'm saying is let's get all the questions that anybody would have and table it and come back when you have all the answers. Okay. Mr. Cabrera: Mr. Chairman. Chair Gort: Yes, sir. Mr. Cabrera: Respectfully, maybe I can answer the Vice Chairman's question. During the executive session we discussed that we were going to lower the amount that we were going contribute to the Health Trust from 11 million -- Vice Chair Carollo: To two mil -- is it two million? Mr. Cabrera: -- to 9 million. Vice Chair Carollo: Right. So that's two million. Mr. Cabrera: Correct. And we were going to do a -- Vice Chair Carollo: Which is different from I think what Commissioner Suarez was saying. I want to make sure because right there we're going to deduct two million. Mr. Cabrera: Correct. Vice Chair Carollo: Now in January there should be a payment to the City of an additional million dollars. Mr. Cabrera: No, that's not correct. Let me explain that to you, and maybe that's causing -- Ms. Bru: Excuse me a second. Just remember that what's discussed at the executive session -- Chair Gort: Yes. Ms. Bru: -- stays at the executive session. So just discuss whatever you need to discuss now without referencing the executive session. Chair Gort: Why don't you get your answers and come back. Vice Chair Carollo: Mr. Chairman. City ofMiami Page 103 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 Commissioner Spence -Jones: And we've asked -- and I -- we, as Commissioners -- Vice Chair Carollo: Yes. Commissioner Spence -Jones: -- we have respect on the dais when we ask for an item to be tabled until you guys get it together. That's always respected. So I would expect for the same thing to happen in my request. I don't want us to be going back and forth on the same thing over and over again -- I'm not saying we're not going to deal with it today. We're going to deal with it today. But give us the opportunity to get the information. Allow the Administration to get it together, and then bring it back when we have it, you know, in order. Right now it's not in order. So Mr. Chair -- I mean, not Mr. Chairman. I'm -- Mr. Vice Chair. Chair Gort: We'll table. This is being tabled after lunch. And what I'd like for you to do, the one question has come up, and it was asked before, it's about the $6 million. And if we go under, how much it's really going to be. Thank you. Commissioner Spence -Jones: And I would also add, Mr. Chairman, if -- Chair Gort: Yes. Commissioner Spence -Jones: -- I would ask that the Administration, during the break, and FOP, if they can definitely reach out to Carollo so we can address his concerns before the Commission meeting ends today, then that would at least alleviate some of the concerns. My office also has some questions that we would have -- would want to add also as well, so if you can stop by ours as well. But I think the biggest issues are what he's discussing, but make sure the Commissioners are briefed. Don't put us on the spot like this. This is not okay. Chair Gort: Okay. Vice Chair Carollo: Tabled. Chair Gort: Thank you. Vice Chair Carollo: Table it. NA.2 RESOLUTION 11-00939 A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO SECTION 62-521(B) (4) AND (5), OF THE CODE OF THE CITY OF MIAMI, District2- FLORIDA, AS AMENDED, WAIVING THE TEMPORARY EVENTTWO (2) Commissioner Marc EVENT LIMITATION PER PROPERTY AND THE TWO (2) WEEK David Sarnoff DURATION LIMITATION PER PERMIT, IN ORDER TO ALLOW FOR THE 8TH ANNUAL ST. STEPHEN'S EPISCOPAL CHURCH CHRISTMAS TREE SALE AT 2750 MCFARLANE ROAD, MIAMI, FLORIDA, STARTING ON NOVEMBER 14, 2011 AND ENDING ON DECEMBER 25, 2011. 11-00939-Legislation. pdf R-11-0414 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City ofMiami Page 104 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 NA.3 RESOLUTION 11-00970 A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO SECTION 62-521(B) (4) AND (5), OF THE CODE OF THE CITY OF MIAMI, District2- FLORIDA, AS AMENDED, WAIVING THE TEMPORARY EVENTTWO (2) Commissioner Marc EVENT LIMITATION PER PROPERTY AND THE TWO (2) WEEK David Sarnoff DURATION LIMITATION PER PERMIT, IN ORDER TO ALLOW FOR THE BAYSHORE EVANGELICAL LUTHERAN CHURCH CHRISTMAS TREE SALE AT 5051 BISCAYNE BOULEVARD, MIAMI, FLORIDA, STARTING ON NOVEMBER 18, 2011 AND ENDING ON DECEMBER 25, 2011. 11-00970-Legislation. pdf R-11-0415 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones NA.4 DISCUSSION ITEM 11-00989 NA.5 11-00972 District 5- Commissioner Michelle Spence -Jones DISCUSSION BY COMMISSIONER SARNOFF REGARDING THE HIRING PROCESS FOR POLICE OFFICERS AND THE CURRENT NUMBER OF VACANCIES WITHIN THE MIAMI POLICE DEPARTMENT. DISCUSSED Direction by Chair Gort to the Administration to provide a report on the hiring of police officers and 911 operators by the October 27, 2011, City Commission meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE HOURS OF SALE FOR ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES OF CHURCHILL'S LEMON CITY OASIS, LOCATED AT 5501 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, TO ACCOMMODATE THE RUGBY WORLD CUP, ON OCTOBER 15, 2011, FROM 3:00 A.M. TO 6:00 A.M, OCTOBER 16, 2011, FROM 3:00 A.M. TO 6:00 A.M, OCTOBER 21, 2011, FROM 3:00 A.M. TO 5:00 A.M, AND OCTOBER 23, 2011, FROM 3:00 A.M. TO 6:00 A.M, PURSUANT TO CHAPTER 4/ARTICLE 1/SECTION 4-3, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAUHOURS DURING WHICH SALES ALLOWED; SUNDAY SALES." 11-00972-Submittal-Draft Copy Of Legislation. pdf R-11-0416 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Francis Suarez City ofMiami Page 105 Printed on 10/26/2011 City Commission Marked Agenda October 13, 2011 ADJOURNMENT Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones The meeting was adjourned at 6:28 p.m. City ofMiami Page 106 Printed on 10/26/2011