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HomeMy WebLinkAboutCC 2011-10-13 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, October 13, 2011 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chairman Frank Carollo, Vice -Chairman Marc David Sarnoff, Commissioner District Two Francis Suarez, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Johnny Martinez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes October 13, 2011 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM -APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS ES- EXECUTIVE SESSION - 3:00 P.M. BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. [Later...J'fefers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 9:00 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 11-00914 PRESENTATION 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 ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Gort at 9:26 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, City ofMiami Page 3 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 Spence -Jones. Commissioner Sarnoff. Ordinarily I would start a prayer off and) 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 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: Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - 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. City ofMiami Page 4 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 notifi, 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. 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: AndRE.8, continue to November 17. Chair Gort: RE (Resolution)? City ofMiami Page 5 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 ifI -- 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 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 l 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. City ofMiami Page 6 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 -- butl 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? Mr. Martinez: Yes. Commissioner Spence -Jones: Okay. City ofMiami Page 7 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 ver '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 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 ifI -- Vice Chair Carollo: So I just want clarity. I want confirmation. Commissioner Spence -Jones: Okay. And l just want to make sure thatl 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 andl 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 11/10/2011 City Commission Meeting Minutes 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. City ofMiami Page 9 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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? 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 ver -- '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 verin, 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, andl don't believe that's the case. City ofMiami Page 10 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 andl -- I guess whatever work was done is a part of the bond issuance. My -- your district andl share it, meaning that cost is spread between your district and our district. He just clamed that it's not in this particular item -- Mr. Sosa: That's correct. Commissioner Spence -Jones: -- but there are some items, you know, that -- andl 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: (UNINTET ,T IGIBT ,F) 9: 59:11 make sure you get a meeting (UNINTELLIGIBLE) City ofMiami Page 11 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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? 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 -- City ofMiami Page 12 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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. 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: -- thatl 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. City ofMiami Page 13 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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): IfI 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? 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. City ofMiami Page 14 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 15 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 CONSENT AGENDA CA.1 RESOLUTION 11-00796 Department of Public A RESOLUTION, OF THE MIAMI CITY COMMISSION, WITH Facilities 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 LICENSEES 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 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0394 CA.2 RESOLUTION 11-00841 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING PAYMENT TO C.A. MECHANICAL, IN AN AMOUNT NOT TO EXCEED $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. 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 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0395 City ofMiami Page 16 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 CA.3 11-00844 Department of Fire -Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSAL NO. 251230, THAT THE TOP -RANKED FIRM, FOR THE PROVISION OF AN 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, AT A 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 Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0398 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 -- City ofMiami Page 17 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Mr. Duren: Yes, sir. Chair Gort: Somebody make a motion, please. Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Gort: It's been moved by Vice Chairman Carollo, second by Commissioner Suarez. All in favor, state it by saying iiye. " The Commission (Collectively): Aye. CA.4 RESOLUTION 11-00845 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works 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 Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0399 Chair Gort: Okay, CAs [sic] (Consent Agendas). Vice Chair Carollo: I think Commissioner Suarez -- Chair Gort: Yes, sir. Commissioner Suarez: Thankyou, Mr. Chairman. I just wanted to pull CA.4 very quickly, andl wanted to thank the Administration and the City Attorney's office and Public Works for working together to put together this adopted traffic circle street program thatl 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, andl 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 CityAttorney's office for basically, you know, doing what was requested by this Commission. Thankyou so much. Andl move the item. Chair Gort: Okey-doke. Vice Chair Carollo: Second. City ofMiami Page 18 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 ofPolice). 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 andl 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 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 vern5, 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, ifI 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 ofMiami, 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 City ofMiami Page 19 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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? Commissioner Suarez: I can explain that as well, if you want, but if you -- Vice Chair Carollo: No. I mean, whoever. Mr. Ihekwaba: Can --? 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 -- City ofMiami Page 20 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 iiye. " The Commission (Collectively): Aye. CA.5 RESOLUTION 11-00842 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH 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 GRANT AWARD. 11-00842 Summary Form.pdf 11-00842 FY 2011 Justice Assistance Grant Prgm.pdf 11-00842 Legislation .pdf 11-00842 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0396 CA.6 RESOLUTION 11-00843 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT 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 City ofMiami Page 21 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0397 Adopted the Consent Agenda Motion by Vice Chairman Carollo, seconded by Commissioner Sarnoff, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF CONSENT AGENDA Chair Gort: 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. 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 City ofMiami Page 22 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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, andl believe all we've had is a conversation, andl 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. Mark Lewis: Thankyou, 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. Thankyou. 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. Andl 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 City ofMiami Page 23 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 [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 City ofMiami Page 24 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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. Andl 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 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 City ofMiami Page 25 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 thinkfrom a business standpoint, it will bring people into the business community of the Grove. I thinkfrom 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. 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 decent 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. City ofMiami Page 26 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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: Thankyou very much. Chair Gort: Any questions? Commissioner Sarnoff.. Thankyou, Mr. Lewis. Chair Gort: Thank you, sir. I appreciate you taking time to come in front of us. We welcome you back. Mr. Lewis: Thankyou. END OF PERSONAL APPEARANCE PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 11-00759 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CONVEYANCE TO LIBERTY CITY Development COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, WITH PARCEL REVERTER PROVISIONS, OF THE CITY OF MIAMI OWNED PARCEL OF LAND LOCATED AT 5899 NORTHWEST 17TH AVENUE,MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION OF ELIZABETH MANOR PROJECT, A MIXED USE PROJECT, AS STATED HEREIN; ALLOWING FOR THE ASSIGNMENT OF THE PURCHASE AND SALE AGREEMENT TO THE PARTNERSHIP TO BE FORMED FOR THE DEVELOPMENT OF THIS PROPERTY; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 11-00759 Summary Form.pdf 11-00759 Notice to the Public.pdf 11-00759 Legislation.pdf 11-00759 Exhibit 1.pdf City ofMiami Page 27 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-11-0400 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. Andl am everything that's for development, you know, but question Neighbors and Neighbors. Andl 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 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 go to the budget hearing of the County andl 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 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. City ofMiami Page 28 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Commissioner Spence -Jones: You got to do it for number 2, though, not number I. 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. 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 scrivener's -- or not a scrivener's error. They gave a caveat. They had to pay the 50, $60, 000 in back taxes, plus the water bill on the City ofMiami Page 29 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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? 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? City ofMiami Page 30 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 PH.2 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: Andl 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: Andl 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 -- andl 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. Andl 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. Andl 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. Chair Gort: Thank you. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION City ofMiami Page 31 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 11-00760 Department of Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXTEND THE AGREEMENT END TERM DATE, BETWEEN THE CITY OF MIAMI AND NEIGHBORS AND NEIGHBORS ASSOCIATION, INC., FROM OCTOBER 15, 2011 TO OCTOBER 15, 2012, TO ALLOW FOR THE COMPLETION OF THE REHABILITATION AND CONSTRUCTION IMPROVEMENTS OF THE PROPERTIES LOCATED AT 5861 NORTHWEST 17TH AVENUE AND 5841-45 NORTHWEST 17TH AVENUE, MIAMI, FLORIDA, KNOWN AS THE DISTRICT 5 BUSINESS CORRIDOR EXPANSION PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER TWO TO THE EXISTING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID ENTITY, FOR SAID PURPOSE. 11-00760 Summary Form.pdf 11-00760 Notice to the Public.pdf 11-00760 Pre-Legislation.pdf 11-00760 Legislation.pdf 11-00760 Exhibit 1.pdf 11-00760-Submittal-Commissioner Sarnoff-Email From WASD.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11 -0401 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. 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. City ofMiami Page 32 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 61 st 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. Andl 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. Andl was there with my union, the National Association of Letter Carriers and the American Postal Worker Union to protest with a post office and (UNINTET,TIGIBT,F) 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 -- andl 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 City ofMiami Page 33 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 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. Andl 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 disquali. 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. Andl told Leroy, don't make me or my people lose time because time I cannot go and buy to Wal-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 magnying glass with a light 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 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 (UNINTET,TIGIBT,F) 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. Andl --Mr. Sarnoff, I expect to see you there pass November 1. I see you sitting down there. Chair Gort: Thank you. City ofMiami Page 34 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 City ofMiami Page 35 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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. 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. City ofMiami Page 36 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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. 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 andl 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. City ofMiami Page 37 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 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, 171 be happy to send it to you. Thank you. Chair Gort: Thank you. Close the public hearing. Commissioner Spence -Jones: Yes. Chair Gort: Motion. City ofMiami Page 38 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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. 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. City ofMiami Page 39 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 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, butt have a million and one other hindrances thatl have to deal with outside of the crime, the lack of jobs, and a million and one other things thatl 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 iiye. " The Commission (Collectively): Aye. Chair Gort: PH.3, I understand, was deferred. PH.3 RESOLUTION 11-00762 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE DE -OBLIGATION OF EMERGENCY Development SHELTER GRANT ("ESG") FUNDS FROM THE 2009 CITY OF MIAMI NEIGHBORHOOD ENHANCEMENT TEAM HOMELESS ASSISTANCE PROGRAM ACCOUNT, IN THE AMOUNT OF $47,907.47, AND THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT 2009 ESG ADMINISTRATION ACCOUNT, IN THE AMOUNT OF $6,972.86, FOR A TOTAL AMOUNT OF $54,880.33; ALLOCATING SAID FUNDS TO THE SUNDARI FOUNDATION, INC., FOR THE LOTUS HOUSE WOMEN SHELTER LOCATED AT 217 NORTHWEST 15TH STREET, MIAMI, FLORIDA, FOR OPERATING COSTS, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. City ofMiami Page 40 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 11-00762 Summary Form.pdf 11-00762 Notice to the Public.pdf 11-00762 Pre-Legislation.pdf 11-00762 Legislation.pdf 11-00762 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones PH.4 RESOLUTION 11-00847 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING AMENDMENTS TO THE CITY OF MIAMI Development DEPARTMENT OF COMMUNITY DEVELOPMENTS HOUSING PROGRAM POLICIES FOR HOMEOWNERSHIP ACTIVITIES, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED. 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 Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-11-0402 George Mensah (Director, Community Development): PH.4. Chair Gort: PH.4. Mr. Mensah: PH.4 is a resolution approving the amendments to the City ofMiami 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 City ofMiami Page 41 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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]. 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 andl -- 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 qual -- andl would suggest most people in that neighborhood likely qual 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 broughtl think primarily to the City. I think Commissioner Suarez may be funding it almost at City ofMiami Page 42 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 PH.5 11-00774 Department of Parks and Recreation 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) 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) 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 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE SEALED BIDDING IS NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THAT DELUCCA ENTERPRISES, IS THE MOST QUALIFIED TO CONTINUE TO OPERATE AND MANAGE THE MELREESE GOLF COURSE AND FACILITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH DELUCCA ENTERPRISES TO CONTINUE TO OPERATE AND MANAGE THE MELREESE GOLF COURSE, WITH THE NEW TERMS AND CONDITIONS SET FORTH IN SAID THIRD AMENDMENT. 11-00774 Summary Form.pdf 11-00774 Memo - Auth. Amendment to Agrmt. pdf 11-00774 Memo - Notice to the Public.pdf 11-00774 PSA- First & SecondAmendments.pdf 11-00774 Legislation.pdf 11-00774 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones City ofMiami Page 43 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 -- 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 Chiefi: 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 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), BYA FOUR -FIFTHS (4/5THS), AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92(A)(1) AND (3) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY City ofMiami Page 44 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 MANAGER'S 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, FORA 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 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 - WestnetAlerting 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 Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-11-0403 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. City ofMiami Page 45 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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? 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, ifI 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." City ofMiami Page 46 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 The Commission (Collectively): Aye. PH.7 RESOLUTION 11-00849 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works 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 Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-11-0404 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. City ofMiami Page 47 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 PH.8 RESOLUTION 11-00850 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THAT AN Works 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 Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-11-0405 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 ofLoquatAvenue, 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 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 (UNINTET,T IGIBT ,F) 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. City ofMiami Page 48 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 terms modification. Was that part of the printed material? Chair Gort: Yes. Commissioner Sarnoff. Then the motion should be simply a motion to approve. 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 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THAT IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE LEASING OF GOLF CARS FOR THE INTERNATIONAL LINKS/MELREESE GOLF CLUB; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH YAMAHA MOTOR CORPORATION, FOR A SIXTY (60) MONTH TERM AND IN A TOTAL LEASE AMOUNT NOT TO EXCEED $250,500. 11-00819 Summary Form.pdf 11-00819 Notice to the Public.pdf 11-00819 Proposal - Melreese Golf Club.pdf 11-00819 Legislation.pdf 11-00819-Exhibit 1-SUB.pdf City ofMiami Page 49 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-11-0393 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, raging, approving, and confirming that it is most advantageous for the City ofMiami 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 -- 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 l 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 l just want to thank them for the briefing, and it's convinced me that 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 user's fee. Am I correct? City ofMiami Page 50 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 offive offive, 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. Commissioner Spence -Jones: Okay, all right. And then we dealt with the issue of the electric carts, which Commissioner Sarnoffjust 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? City ofMiami Page 51 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Mr. Robertson: Four hundred thousand. Commissioner Spence -Jones: Okay, so -- andl don't know if -- Commissioner Suarez: Mr. Chairman, ifI may? Chair Gort: Thank you. Yes, sir. Commissioner Suarez: And l 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 iiye. " 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. 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 City ofMiami Page 52 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 SR.1 11-00428 Department of Planning and Zoning 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 8, ENTITLED "TEMPORARY BANNERS," CREATING A PERMITTING PROCESS AND REGULATORY SCHEME FOR TEMPORARY BANNERS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-00428 Summary Form FR/SR.pdf 11-00428 Legislation (Version 5) 11-17-11.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - 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 scrivener's 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 -- 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. City ofMiami Page 53 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 -- Commissioner Sarnoff. No? Mr. Min: -- agree with you as far as the large commercial messages. Chair Gort: Right. Mr. Min: But 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 less. 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? City ofMiami Page 54 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 ofMiami. 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. Andl'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 ifI 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. Andl'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 stpenalty. Andl think, in some respects, these could be -- you want people complying with your regulatory scheme. Mr. Min: Yes, sir. 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 City ofMiami Page 55 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 SR.2 11-00622 City Commission 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 iiye. " The Commission (Collectively): Aye. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE III/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/OFFICERS/CITY MANAGER", MORE PARTICULARLY BY CREATING A NEW SECTION ESTABLISHING CONDITIONS UNDER WHICH SEVERANCE PAY OR LEAVE MAY BE GRANTED TO UNCLASSIFIED SERVICE PERSONNEL APPOINTED BY THE CITY MANAGER TO POSITIONS HOLDING EXECUTIVE STATUS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City ofMiami Page 56 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 11-00622 Legislation SR (Version 2) 09-15-11.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13289 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? [Later..] Chair Gort: Next item. We have the -- Vice Chair Carollo: I think we have the -- Chair Gort: -- severance pay -- Vice Chair Carollo: -- severance pay. Chair Gort: -- SR.2. Second reading. Commissioner Spence -Jones: RE (Resolution) -- Ms. Thompson: SR (Second Reading). Vice Chair Carollo: SR.1, I believe. Chair Gort: No. Ms. Thompson: SR.2. Vice Chair Carollo: S -- Chair Gort: SR.2. Vice Chair Carollo: I'm sorry, SR.2. Chair Gort: Some changes on the severance pay that are going to be taking place. Mr. City ofMiami Page 57 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Manager. Johnny Martinez (City Manager): We're trying to track down our person. Commissioner Sarnoff. We're doing SR.2, right? Chair Gort: Yes. Commissioner Sarnoff. I could help you with this 'cause SR.2 is something that this Commission asked that the City Manager and the City Attorney bring back to this Commission that would require that this -- only this particular body could provide severance, and you've provided an ordinance to us that was on first reading approved. And then there were some concerns that I expressed on second reading. And here's the passage. If everybody goes to their book, you'll see it's a two -- it's a three -- two -- I guess a three page ordinance. Really, it's two pages. Go to the second page. And I'm looking at subsection (e). It says -- (e) (1) -- if severance pay is approved by the City Commission -- good thing 'cause we'll be the ones doing it, no one else -- the City Manager may authorize an employee to be carried on administrative leave in lieu of receipt of the lump sum payment. Now, while that sounds good because you're not going to pay them the lump sum, you're going to pay them out over time, what happens is is that employee is carried on -- I was going to use the word health insurance -- is part of our health care plan. If that employee during the time of saying let's pay him out is substantially injured or becomes ill, we're going to take care of that employee for a very, very long time. And we could do this, make a policy decision, butt just want everybody to do it with eyes wide open. Whereas if we do, for whatever reason is put to us and we make a policy decision, decide somebody's going to get severance, which I would suggest to you is going to be pretty tough in front of this Commission, it may be wisdom to paying them all at once and not allowing them to have administrative leave because it's a potential liability that we can't quantin, for. Chair Gort: For a long time, yes. Commissioner Sarnoff. Right. Chair Gort: I agree. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I'd rather not have the liability. I mean, if we're writing it, why, you know, be there? Commissioner Sarnoff. And that was my point in bringing it. Vice Chair Carollo: That -- you know, that's -- andl believe we brought -- and we brought this up in the last -- in first reading, correct? Commissioner Sarnoff. Correct. Chair Gort: Yes. So we can -- Commissioner Suarez: Just eliminate that paragraph. Vice Chair Carollo: I'd rather eliminate it or -- Chair Gort: We can -- City ofMiami Page 58 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Vice Chair Carollo: -- I'll leave it to the legal minds. Chair Gort: -- change it in second reading. Commissioner Sarnoff.. I don't even know -- I'm going to yield to Commissioner Suarez. Do we even need subsection (1)? Commissioner Suarez: I would say you would eliminate (1) and (2). Vice Chair Carollo: I agree. Commissioner Sarnoff.. I think if you -- Chair Gort: The one-time payment. Vice Chair Carollo: I agree. Commissioner Sarnoff.. If you do away with them, I think our liability is clear. Vice Chair Carollo: Right. Andl think what Commissioner Suarez suggested is we do away with (1) and (2) -- Commissioner Sarnoff.. Right. Vice Chair Carollo: -- hearing, you know, what I think the -- at least the will of this Commission, at least from what I'm hearing from you and myself if we do away with (1) and (2), I think then, you know -- Commissioner Suarez: We're good. Vice Chair Carollo: -- we avoid that liability. Julie O. Bru (City Attorney): Okay. IfI may just -- Chair Gort: Yes, ma'am. Ms. Bru: -- comment on something. Again, like Commissioner Sarnoff said, this is a policy decision, but keep in mind that all this does is it allows the Manager to bring something to the Commission and then ultimately you can decide. So if you want to leave the flexibility in there, you could determine it on a case -by -case basis. And again -- and the liability that you're incurring is not unlimited because it is only during the period of time that would be corresponding with the amount of money that would have been paid as a lump sum. So it's not that you're going to carry the person -- Commissioner Sarnoff.. No. Vice Chair Carollo: No. Commissioner Sarnoff.. You're missing the point. Vice Chair Carollo: Right. Commissioner Sarnoff.. You want to explain it? City ofMiami Page 59 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Vice Chair Carollo: No, I'll yield. Commissioner Sarnoff.. No. Let's say -- let's use you. Horrible example, but let's say we decide to terminate you, but we're going to give you six months administrative leave. Let's just say you contract -- and I'm not wishing this on anyone -- leukemia and you're -- for the point of that administrative leave, we certainly know we're going to pay for your leukemia treatments. Ms. Bru: Right. Well, the maximum that is allowed is up to six weeks of salary, so I don't know what kind of time period that would equate to based on the persons, you know, salary, so you're limited to six weeks of salary or the equivalent amount of time in administrative leave, so that's a restriction. But again, if you leave it in there, the Manager keeps the discretion to consider the request on a case -by -case basis, and then ultimately the Commission can override his recommendation. So again, this is a policy decision. It's completely up to you. You don't even have to have severance at all. I mean, you don't have to have it at all. If you wanted just to wipe out severance, just say we're not going to have severance. But I'm just saying that the way it's crafted, it's crafted to give you and the Manager the maximum flexibility to consider things on a case -by -case basis. Commissioner Spence -Jones: I do kind of -- I kind of like the idea of us having the flexibility, you know, for the individual to come in front of us. If ultimately the buck stops with us here, I think that we can chime in on it, but once we take it out, then that's a whole 'nother thing. Chair Gort: I understand, but I look at it the -- by creating the flexibility, you might create a precedent -- you might -- who do you give it to, who you don't give it to and so on. And once you give it to one person, the next person coming up, well, if it was given to so-and-so -- so it have to be certain regulations, certain rules why to do it. If not, you can ask, well, why did you do it for this employee and not for this one. Commissioner Spence -Jones: That's a good point, too. Commissioner Suarez: I -- Chair Gort: So -- yes, sir. Commissioner Suarez: -- would go -- Chair Gort: I have a motion? Commissioner Suarez: I might shake this up a little bit. We have a motion? Chair Gort: No. Commissioner Suarez: Okay. Chair Gort: I'm waiting for one. Commissioner Suarez: I would go as far as to eliminate (e) as well. Vice Chair Carollo: I can go with that, too. Ms. Bru: Okay, but recall that (e) is whatever your -- whatever policy you have with respect to your payment of unused vacation and sick leave is independent from this policy. And all (e) is saying is is that severance is independent from whatever rights they may have, whatever other policy exists so, you know, it's just a reaffirmation that this policy doesn't do away with the City ofMiami Page 60 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 payment of accrued vacation and sick time, that that's -- Chair Gort: What's been earned. Ms. Bru: -- an independent issue. Chair Gort: Correct. Commissioner Suarez: I think that's determined by City policy, andl think putting it in here is, in a sense, coding it, andl think that's, you know -- Ms. Bru: It says consistent with City policy. If there's -- if the City policy authorizes it, it's authorized. If it's not authorized, it isn't. I mean, you know, you don't need that in there. Commissioner Suarez: That's what nil saying and that's what meant. Ms. Bru: This was -- Commissioner Suarez: Right. Ms. Bru: -- this language exists -- Commissioner Suarez: Right. Chair Gort: It already exists. Ms. Bru: -- right now in the APM (Administrative Policy Manual). So this is just carried over from what is there -- Commissioner Suarez: Right. Ms. Bru: -- now. Commissioner Suarez: That's true. Chair Gort: You don't need to have it there. Ms. Bru: You want to take it out -- I think it just clarified the issue. Commissioner Sarnoff. I'm going to make a motion to approve this on second reading with Section (e) (1) and (2) out. Vice Chair Carollo: Second for discussion. Chair Gort: It's been moved and second for discussion. You're recognized. Vice Chair Carollo: Thank you, Mr. Chairman. I agree with my colleagues with regards to removing the (e) (1) and (2). One thing that I do not see -- and maybe we need to bring it back at another time or so forth 'cause as it's written, I could support this right now. However, we had an APM that was very similar to this and it was violated on numerous occasions, so I want to see what penalties will be -- would occur if this is violated. Commissioner Suarez: That's a good point. Vice Chair Carollo: So I want to take it to that next step. I want to be able to actually identify City ofMiami Page 61 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 what penalties will occur if this is violated. Commissioner Suarez: I agree. Ms. Bru: I can address that. Based on the -- what occurred in the past with respect to the deviation from the policies and all that. Commissioner Suarez: Nothing occurred. Ms. Bru: This ordinance would now require that the City Manager -- Chair Gort: Come to us. Ms. Bru: -- provide the City Attorney for review any proposed severance, and then ultimately it comes -- Chair Gort: Approve. Ms. Bru: -- to this Commission for approval so -- Commissioner Suarez: Yeah, yeah, but -- Ms. Bru: -- there would be no authority to pay anyone severance if it doesn't go through the City Attorney and then the Commission. Vice Chair Carollo: Right, but think -- I do believe that APMs have been in place where needed to come to City Attorney and so forth and they were not abided by so -- Ms. Bru: Yeah, but this now is an ordinance, not an APM. Vice Chair Carollo: I understand. So what's the penalty if a severance is still paid? Ms. Bru: A violation of an ordinance is punishable by -- I think it's 60 days in jail -- George, 60 days in jail or $500. Commissioner Suarez: That's a good point. Vice Chair Carollo: So -- Chair Gort: There is a penalty. Vice Chair Carollo: -- in other words, what you're saying, violation of this ordinance would then be a criminal offense? Commissioner Suarez: Yeah. Ms. Bru: Well, yeah. Chair Gort: Yes. Commissioner Suarez: Yeah. Ms. Bru: It's punishable by 60 days in jail. Commissioner Suarez: Violation of any of our ordinances. City ofMiami Page 62 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Vice Chair Carollo: Okay. Chair Gort: Okay. Any further discussion? Commissioner Suarez: That's true. Chair Gort: Read it. Ms. Bru: Okay. This is an ordinance -- Ms. Thompson: Chair, public hearing. Chair Gort: Public hearing. Does anyone like to address this? Does anyone like to address this issue? Showing no one from the public, read The Ordinance was read by title into the public record by the City Attorney. Ms. Bru: And it's being adopted now as amended on the floor. Chair Gort: Thank you. Ms. Thompson: Your roll call, second reading on your modified ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4 -- I'm sorry, 5-0, as modified. Chair Gort: Thank you. RE. 6. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: Before we go to RE.6 -- and l just want to, you know, put for the record, should someone violate this, is it the Administration's intent to file a police report and seek criminal action? 'Cause one thing is having the ability to do so; one thing is actually going forward and doing so. So I want to know from the Administration, is the intent then if someone violates this policy -- and again, because you know there are many laws in the books, but you need to see how do we enforce them. Like I said, there was an APM in the past that was not enforced. And as a matter of fact, there's still a pending question with regards to are, you know, we going to be able to obtain any of those funds back from the severance and so forth. But you know, that aside, I want to know from this Administration what's the intent. Is the intent that if this is violated, yes, we will file a police report and seek criminal penalties? Mr. Martinez: We would follow what the law requires with regard to violating an ordinance, you know, unless there's some kind of mitigating circumstance or anything like that. Other than that, if you purposely violate the letter of the ordinance, we should, you know, go after you. Chair Gort: Let me ask a question. Commissioner Spence -Jones: And that is according to -- Chair Gort: In case like that -- in cases like that, doesn't Internal Affair or the police takes care City ofMiami Page 63 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 of that matter? Mr. Martinez: No. I imagine that the State Attorney's Office would get involved through our police department. Chair Gort: But my understanding, that's part of the Internal Affairs duties. Mr. Martinez: I don't know if -- Is it Internal Affairs? Manuel Orosa: Manny Orosa, Chief of Police, Miami Police Department. The way it should work is the Manager would call me, and then the Internal Affairs section will get involved, and they would refer the case over to the State Attorney's office, and then it's up to them whether they want to prosecute or not, and that's all we can do, sir. Vice Chair Carollo: Right. And that's why I asked the question to the Administration, is their intent is to, you know, file the police report or, in essence, call the Internal Affairs unit and do the paperwork that is needed to be done in order to start the process. That's why I asked that question. Commissioner Spence -Jones: And then -- Chair Gort: Yes. Commissioner Spence -Jones: -- I also want to be clear, we're talking about from this day on, correct? 'Cause we -- we're not talking about -- Vice Chair Carollo: Right. Commissioner Spence -Jones: -- the individuals -- Vice Chair Carollo: Right. Commissioner Spence -Jones: We're trying to rectify the last -- I believe there was a letter that went out to three individuals that got severance. So the Administration is trying to address this issue. But we're talking about as of today, what we voted on today, anybody that's getting severance after that point, then we have that issue, correct? Vice Chair Carollo: Correct. Commissioner Spence -Jones: Okay. I think that we need to rectifi, whatever the situations are with the three -- I believe it's three City employees that actually have a severance issue -- Vice Chair Carollo: It's more than that. Commissioner Spence -Jones: -- andl believe that you guys are working on that, correct? Okay. I just -- Ms. Bru: Yeah. We -- Commissioner Spence -Jones: -- I want us to send the right -- clear messages -- Ms. Bru: -- are. We -- Commissioner Spence -Jones: -- because somehow -- City ofMiami Page 64 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Ms. Bru: -- we're working on it. Commissioner Spence -Jones: -- the stuff gets clouded andl don't want -- I want it to be very clear. So from this day on, any severances at this particular point, then if they're not meeting the -- whatever we have voted on, then the next step is that Internal Affairs gets involved, separate from where we are with these three additional issues. All right, so nobody walking out of here not clear of that. Ms. Bru: And l just want to put on the record that believe that there is pending the issue of the severance payment that is due to the former independent auditor -- I mean, the Auditor General, but obviously this doesn't apply to him. His severance was pursuant to his contract. It's before this law goes into effect -- Commissioner Spence -Jones: Yeah. Ms. Bru: -- so I just don't want anybody to be confused about that. Commissioner Spence -Jones: So that's four people at this point? Ms. Bru: Well, the Auditor General's -- Vice Chair Carollo: Might be more. Ms. Bru: -- processing -- I don't know at what stage it is 'cause I'm sure HR (Human Resources) is handling that. Commissioner Spence -Jones: Yeah. No problem. I just want to make sure, as of today, everything from this point on, we address it that way. Ms. Bru: Correct. Commissioner Spence -Jones: And you guys resolving the other issues that way. Ms. Bru: Yes, we are. Commissioner Spence -Jones: Okay. Thank you. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: In continuing with what I was mentioning, with regards to the various -- 'cause I think there was numerous employees that received severance pay that did not follow the APM's procedures. I think we requested the City Attorney to look into the matter and see if we could recover any of those funds. Do you have some update, Madam City Attorney? Ms. Bru: Let me update you on what happens. Since the discussion -- first of all, what I was asked to do is to determine whether or not there had been any severance pay that was unauthorized. Andl looked at all the individuals who had obtained severance payments -- andl think we went back five years or so -- andl looked at two issues. We looked at the issue of whether or not the APM was complied with and whether or not state law was complied with. With respect to the APM, there were payments that were made that were not consistent with the APM. But what I opined was that because the APM is the Manager's policy, the Manager's authorized to waive it, modin, it, you know, as he pleases. It wasn't until this Commission adopted a policy saying that from now on he -- the Manager cannot deviate from an APM City ofMiami Page 65 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 without the Commission being notified that -- so -- and in fact, there was a past practice that the Manager would from time to time deviate from the APM. And the deviation I think concerned the fact that the employees had resigned, and if you resign, according to the APM, you would not have been, you know, eligible for a severance. What was more concerning to me was whether or not the payments were unauthorized based on state law, which prohibited the payment of severance unless there was an ordinance in place that authorized it and under certain conditions. I did some research. I looked at some case law andl -- and it was my opinion that because the individuals that obtained the severance, all the ones that I looked at had signed waivers and releases and they had actually waived certain rights that they would have otherwise have had, it was a bargain for payment that was done, so that got it out of having been determined to have been unauthorized under state law. However, in looking through all the files, we determined that three individuals had not signed the releases and, therefore, without those releases, there really was no consideration for the payment of the severance. It would have been unauthorized under state law. I believe that Employee Relations has notified the three individuals by certified mail that they are to come in and execute those releases. And if they don't -- we're going to give them a reasonable amount of time to do so. If they don't execute the releases, then we will pursue to file suit. Commissioner Spence -Jones: Okay. Chair Gort: Okay. Commissioner Spence -Jones: That makes sense. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: One question, and -- I have one more question, andl don't want to throw a monkey wrench into this. I just want to have clarity, is what I'm seeking. The Chief stated that the Manager would be the one who contacts Internal Affairs, and this is definitely not Johnny Martinez. It's anyone who's there as the Manager, so it's the Office of the Manager. What if the person who violates the policy is the Manager? How do we then proceed? And again, I just want to be crystal clear in this -- Chair Gort: My suggestion is -- Vice Chair Carollo: -- andl want to make sure that -- you know, right now we bring this up now and I'm not foreseeing this to occur, but I want to bring everything up now so, you know, we have foresight in, you know, anything that could happen and so forth, and what's the correct procedures so -- Chair Gort: Mr. Vice Chairman, my suggestion is -- first of all, I understand any severance has to be -- go by the Department of -- what do you call them, Works --? Commissioner Spence -Jones: What? Vice Chair Carollo: Human Resources. Chair Gort: Human Resource [sic] now, okay. It goes by -- it's got to go through Human Resource [sic] and it also have to go by the Attorney. Is that correct? And all three of you have to look into it and no payment should -- the City Finance should make any payments of anything that is not approved by the City Commission. Vice Chair Carollo: I understand. City ofMiami Page 66 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Chair Gort: If the Manager, whoever sits there, is the one that violates it -- that violates the law or the ordinance, the City Attorney has the right and the Human Resource [sic] director has the right to set up the complaint. That's my understanding. Correct me if I'm wrong. Commissioner Suarez: Anybody has a right to -- Ms. Bru: You know, I think ultimately -- Vice Chair Carollo: And that's what I just want to veri, you know. Ms. Bru: Yeah. You need to have checks and balances in place to make sure that -- Vice Chair Carollo: Exactly. Ms. Bru: -- a check is not signed to an employee who is separating -from the City without the proper authorization, so before that -- whoever signs the check, our treasurer or whoever it is, our Finance director, whoever puts the signature on that check, that person needs to make sure that that check is being -- is authorized pursuant to law. So I think you have sufficient levels of oversight that you would catch it. Chair Gort: Besides the power that all three of you have, the suggestion is the Administration sends the message to the Finance Department, no checks of severance can be paid unless authorized by the City Commission by resolution, okay? Is that --? Vice Chair Carollo: Yes, Mr. Chairman. I just -- again -- and my line of questioning is only because of what has occurred and the overridden [sic] of controls that have occurred and so forth. So they're valid questions. I want to place it out there. And I'll tell you what, you know, maybe now everybody is well aware of it, but ten years from now, you know how things start fading away and people forget, so I just want to make sure that I put it for the record. Thank you. Chair Gort: Andl thank you because every time we make a discussion in here, we improve whatever's going to take place. And want to make sure whatever happens wrong in the past, it doesn't happen again. END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING FR.1 ORDINANCE First Reading 11-00810 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Fire -Rescue III, ARTICLE 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALARM SYSTEMS/FIRE ALARMS", MORE PARTICULARLY BY CREATING SECTION 3-61, ENTITLED "REGISTRATION AND RENEWALS", SETTING FORTH THE FEES AND REGISTRATION FOR FIRE ALARM RENEWALS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-00810 Summary Form 10/13/11.pdf 11-00810 Pre-Legislation.pdf 11-00810 Legislation.pdf City ofMiami Page 67 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones FR.2 11-00567 City Manager's Office RE.1 11-00203 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 Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Department of Capital Improvements Program Note for the Record: Item FR.2 was indefinitely deferred . END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY'S") AMENDED 2010-2011 MULTI -YEAR CAPITAL PLAN ("PLAN"), WHICH INCLUDES THE PROJECTS IN DISTRICT3, ATTACHED AND INCORPORATED, AS REQUIRED BY SECTION 163.3177, FLORIDA STATUTES (2010), AND PURSUANT TO CHAPTER 18/ ARTICLE IX/DIVISIONS 1 AND 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/FINANCIAL POLICIES/ANTI-DEFICIENCY ACT/FINANCIAL INTEGRITY PRINCIPLES," TO SET FORTH THE CITY'S FISCAL NEEDS FOR CAPITAL IMPROVEMENTS, SUBJECT TO AN ANNUAL PLAN REVIEW, TO DETERMINE PROJECT PRIORITIES AND TO MODIFY FUNDING ALLOCATIONS AS NECESSARY. 11-00203 Summary Form.pdf 11-00203 Legislation.pdf 11-00203 Exhibit 1.pdf City ofMiami Page 68 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - 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 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney 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 Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-11-0407 Chair Gort: First Reading 1. Commissioner Spence -Jones: RE.1, I think we -- Chair Gort: FR.]. Priscilla A. Thompson (City Clerk): FR.] -- Commissioner Spence -Jones: FR (First Reading). Ms. Thompson: -- andFR.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 69 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 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. Andl 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. RE.3 RESOLUTION 11-00856 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management and ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO Budget THOSE LISTED IN RESOLUTION NO. 11-0360, ADOPTED SEPTEMBER 15, 2011, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED City ofMiami Page 70 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 11-00856 Summary Form.pdf 11-00856 Legislation. pdf 11-00856 Exhibit 1.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-11-0406 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 iiye. " The Commission (Collectively): Aye. RE.4 RESOLUTION 11-00858 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A Attorney 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 Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-11-0408 Chair Gort: RE.4. City ofMiami Page 71 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF FRANCISCO City ofMiami Page 72 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 RE.6 11-00801 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 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 Motion by Commissioner Spence -Jones, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-11-0409 Julie O. Bru (City Attorney): RE.5 is a resolution that seeks authorization to settle all claims against the City ofMiami in the case of Francisco Fondeur. This is a worker's compensation claim. The amount would be $75, 000. Andl -- 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 iiye. " The Commission (Collectively): Aye. RESOLUTION City ofMiami Page 73 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S LIST OF EXPEDITED Program PROJECTS, PURSUANT TO ORDINANCE NO. 13045, ADOPTED DECEMBER 11, 2008, BY REPLACING THE CURRENT "ATTACHMENT A," WITH "ATTACHMENT A - 9/27/11 REVISED," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF INCLUDING UPCOMING CAPITAL IMPROVEMENT SOLICITATIONS AND PROJECTS. 11-00801 Summary Form.pdf 11-00801 Pre-Legislations.pdf 11-00801 Legislation.pdf 11-00801 Exhibit 1 SUB.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0412 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. Chair Gort: Discussion. City ofMiami Page 74 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 andl 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 -- andl 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. City ofMiami Page 75 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Mr. Sosa: But there's some projects that we don't use -- the larger ones basically -- Chair Gort: Right. 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 speakfor anybody else's district, but 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 speakfor any others. Chair Gort: Commissioner, unemployment in the City ofMiami 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 ofMiami. 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 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 -- City ofMiami Page 76 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 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. City ofMiami Page 77 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Mr. Sosa: There is on -- okay. IfI 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. 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 justjump 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 I. 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. City ofMiami Page 78 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Commissioner Suarez: Yeah, I have no issue with that. Commissioner Spence -Jones: Come on, guys. Commissioner Sarnoff. Well, let me -- Johnny Martinez (City Manager): IfI -- 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. 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, ifI 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. City ofMiami Page 79 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 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 City ofMiami Page 80 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 Sarnoffs 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. 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 byARRA (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 ofMiami X'ercentage. 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 City ofMiami Page 81 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 -- ifJohnny'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 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 City ofMiami Page 82 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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. 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 -- (UNINTET,T IGIBT ,F) 12: 03:15I 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. City ofMiami Page 83 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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: Andl 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 -- 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 andl 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? Chair Gort: Yes, sir. Commissioner Spence -Jones: The last time I asked somebody that question -- you're not going anywhere, right? Mr. Martinez: (UNINTET,TIGIBT,F) 12: 04:46. Commissioner Spence -Jones: Okay, good. Mr. Martinez: Unless you guys (UNINTET,TIGIBT,F) 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 City ofMiami Page 84 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 with the Administration in the past and I've had issues with it, so you bring valid points. Andl 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. Andl 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, andl 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, andl 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, ifI 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 ifI 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. 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 City ofMiami Page 85 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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, andl 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 ofMiami. 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, andl 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 ofMiami 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 Attorney's 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 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 ofMiami. Andl 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 City ofMiami Page 86 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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, andl 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 andl 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, andl 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 sayingl 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 ofMiami 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): IfI 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 ofMiami 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 -- 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. City ofMiami Page 87 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 ofMiami. 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 ofMiami. 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: -- ifI 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. 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 City ofMiami Page 88 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 --? [Later..] Chair Gort: Okay, next. Vice Chair Carollo: I think we have RE. 6. Chair Gort: RE. 6. Mr. Sosa: Albert Sosa, director of Capital Improvements. Good afternoon. Bringing back RE. 6 after the discussion we had earlier. The -- basically, to discuss the item and what's going to end up happening is I'm going to introduce an amendment on the floor changing the item as presented. But we did have a discussion earlier about small business participation and local workforce participation. We feel that those items are important. The Purchasing director, Ken Robertson, and myself are working on language that would apply in these circumstances to our contracts with regards to that. We don't feel that the expedite ordinance is the appropriate place to include that language, so we're having a separate stand-alone discussion, and we will appear back before this Commission at a future date with that language as we would feel that, you know, as a body we would want to have included in our contracts. So that's happening on the one hand. Specific to this resolution, what I'm proposing is an amendment on the floor which reduces the amount of projects that are on the expedite list in the following fashion. Any project that is currently advertised or in the contracting or construction phase would stay on the list. Those are items that are already moving forward. In addition to those, I'm going to read specific items that are to be -- to stay on the expedite ordinance because of their stage in the -- they're about to be advertised basically. So there are certainly projects that we want to maintain on the list in order to not compromise the construction schedules that have been agreed to with the local stakeholders as well as any grant restrictions that we have on those funds. So let me read those specifically into the record. That would be B number 30011, Inglewood road and storm sewer improvements. That would be B-60453A, fire station number 13. That would be B-30588, San Marco drainage improvements. That would be B-30130, Miami River greenway, Southwest 1st Court to South Miami Avenue. That would be B-30687, Coconut Grove Business Improvement District street improvements. It would include 41-410004, building retrofits, Department of Energy efficiency grant. That's specifically to the Hyatt chiller project, and it would include B-30732 Northwest 9th Street roadway improvements. Chair Gort: Okay. Question? Do I have a motion? Commissioner Sarnoff.. So you -- Priscilla A. Thompson (City Clerk): Chair, we already have a -- I'm sorry -- motion on the floor, City ofMiami Page 89 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 a mover and a seconder with Mr. Sosa's original floor amendments so. Commissioner Spence -Jones: Right. So in the amendments -- I guess when we voted on the item, I amended it to include all of the items come in front of the Commission for us to vote on, and what he's doing is outlining the projects that we need to continue with only because of the items he just mentioned, whether or not it's grants, whether or not they're already in the midst of you know, the procurement process, andl agree and support that. I don't want to stop the train that's already moving from that prospective. So I'm totally in agreement with that. Ms. Thompson: Just wanted to make sure you understand that your mover was Commissioner Sarnoff and the seconder was Commissioner Suarez. So as these things are added, you all would Commissioner Suarez: As modified. Commissioner Sarnoff. So the mover accepts. Commissioner Suarez: I accept. Chair Gort: Okay. Commissioner Spence -Jones: I just -- I see my City Attorney over there. She's looking a little confused. Chair Gort: I think you should -- Commissioner Spence -Jones: We need to be sure she's -- Chair Gort: Yes. Commissioner Sarnoff. You want a new motion? Chair Gort: I think you should clam this motion. Ms. Bru: No, wait. I'm not too sure what we're doing here. Chair Gort: Okay. I know. Commissioner Spence -Jones: Okay, what we're doing is instead of expediting, John -- I'm sorry. The Manager has agreed that instead of going through -- you know, expediting any contracts, he has agreed to not do that, but on these particular items because of what's surrounding them already and they're already in the pipelines or they have a grant or something attached to it, that we would go ahead and allow for those to go, but any others at this point which are not on the list that he just mentioned will have to come in front of the City Commission, and that's a great compromise. I understand that. Ms. Bru: Okay, so here's what I'm suggesting then because what you have in front of you is a resolution that was going to add and delete projects from the list of expedited projects. Chair Gort: Right. Ms. Bru: We can have in this resolution then a statement saying that the Commission now wants to amend -- we're going to have to come back with an amendment to the ordinance that establishes the expedited project. No? City ofMiami Page 90 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Mr. Sosa: If may. Commissioner Spence -Jones: He mentioned that -- in the beginning of it, he said that -- you -- you said you and Procurement are already working on a separate ordinance. Keep this ordinance the way that it is, but they're working on a separate one to address our issues and our concerns. Ms. Bru: Okay, so now this is just an expression of policy on behalf of the Commission that the Manager is agreeing to, that even though he has the authority under an ordinance to not come to you for a contract award, he's agreeing that he will. So this is the policy that's being established in this resolution. Chair Gort: With the exceptions of the one mentioned today. Ms. Bru: With the exception. Commissioner Spence -Jones: Right. Ms. Bru: Okay. Chair Gort: Correct. Mr. Sosa: Right. Ms. Bru: Perfect. Chair Gort: Okay, now we got it. Mr. Sosa: Right. So -- Chair Gort: Is -- the maker of the motion accepts the amendment? Commissioner Sarnoff. Yes, maker accepts. Chair Gort: And the seconder of the motion accepts? Okay. Commissioner Suarez: Yes. Chair Gort: Any further discussion? Commissioner Spence -Jones: I'm fine now. Chair Gort: All in favor, state it by saying "aye. The Commission (Collectively): Aye. Chair Gort: Thank you. RE.7 RESOLUTION 11-00817 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TRANSFERRING THE MANAGEMENT AND POSSESSION OF RESIDENTIAL AND COMMERCIAL PROPERTY LEASED TO THE OLYMPIA City ofMiami Page 91 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones RE.8 11-00751 Department of Capital Improvements Program RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 6 TO THE CONSTRUCTION MANAGER AT RISK AGREEMENT ("AGREEMENT"), WITH SUFFOLK CONSTRUCTION COMPANY, INC., FOR THE STADIUM SITE PARKING PROJECT, IN SUBSTANTIALLY THE ATTACHED FORM, TO REMEDY THE STRUCTURAL DEFICIENCIES WITHIN THE FOUR PARKING GARAGES CAUSED BY DESIGN ERRORS OR OMISSIONS, INCREASING THE AGREEMENT BY $2,500,000, FROM AN ORIGINAL $73,000,000, TO A TOTAL NOT TO EXCEED GUARANTEED MAXIMUM PRICE OF $75,500,000; ALLOCATING SAID FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. B-30648. 11-00751 Summary Form.pdf 11-00751 Letter - Structural Deficiencies.pdf 11-00751 Letter - Miami Marlins Ballpark.pdf 11-00751 Pre-Legislations.pdf 11-00751 Risk Agrmt.with Suffolk Contruction.pdf 11-00751 Legislation.pdf 11-00751 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: Item RE.8 was deferred to the Commission Meeting scheduled for October 27, 2011. City ofMiami Page 92 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 RE.9 RESOLUTION 11-00777 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Waste RECEIVED AUGUST 9, 2011, PURSUANT TO INVITATION FOR BID NO. 273268, FROM CASCADE ENGINEERING, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PURCHASE OF INJECTION -MOLDED MOBILE REFUSE CONTAINERS FOR AUTOMATED GARBAGE COLLECTION -CITY OF MIAMI AND THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 11-00777 Summary Form.pdf 11-00777 Award Recommendation Form.pdf 11-00777 Tabulation of Bids.pdf 11-00777 Letters - Purchase Mobile Refuse Containers.pdf 11-00777 Invitation for Bid.pdf 11-00777 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0410 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 ofMiami. 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. City ofMiami Page 93 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 3:00 P.M. ES.1 11-00891 Office of the City Attorney 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. Andl 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 andl think you're a real credit to the City ofMiami. 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 ofMiami andl think we're on the cusp and the verge of doing it. Mr. Carswell: Thankyou. 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: Thankyou. 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, andl very much appreciate that professionalism that he comes to work with. Mr. Carswell: Thankyou. 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 City ofMiami Page 94 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASES OF KENIA PEREZ VS. CITY OF MIAMI, PENDING IN THE U.S. DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA CASE NO. 10-21179-CIV-COOKE/TURNOFF, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN WILFREDO (WILLY) GORT, FRANK CAROLLO, MARC DAVID SARNOFF, FRANCIS SUAREZ AND MICHELLE SPENCE-JONES; THE CITY MANAGER, JOHNNY MARTINEZ; THE CITY ATTORNEY, JULIE O. BRU; AND DEPUTY CITY ATTORNEY WARREN BITTNER, ASSISTANT CITY ATTORNEY GEORGE K. WYSONG AND ASSISTANT CITY ATTORNEY HENRY J. HUNNEFELD. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 11-00891 Memo -Office of the City Attorney.pdf DISCUSSED Chair Gort: Now we recess this meeting, and we'll come back, and we're going upstairs for the executive -- Priscilla A. Thompson (City Clerk): There is a -- Julie O. Bru (City Attorney): All right, so -- Ms. Thompson: -- statement that has to be made first. Ms. Bru: Right. So the City Commission is, under the provisions of Section 286.0118 of the Florida Statutes, going to now recess this public meeting and attend an executive session in the case of Kenia Perez versus City ofMiami. It's in the United States district court, southern district of Florida, case number 10-21179, Judge Cooke. It's -- we're going to start now a little bit after 3. And in attendance will be the members of the Commission, myself the City Attorney, Deputy City Attorney Warren Bittner, Assistant City Attorney Henry Hunnefeld, and Assistant City Attorney George K. Wysong. Chair Gort: Thank you. [Later... Chair Gort: (INAUDIBLE) afternoon meeting. We have a couple of items. Ms. Thompson: Chair, before you move on. Chair Gort: Yes, ma'am. City ofMiami Page 95 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Ms. Thompson: I think we need to close out ES.1, the statement on the executive order. I'm sorry, on the executive session. Ms. Bru: Right, right. We concluded the executive session. We're back now back to the public meeting. END OF EXECUTIVE SESSION 3:00 P.M. RE.10 RESOLUTION 11-00891a Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney 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 Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0411 Julie O. Bru (City Attorney): And if you want to take up the item that was the subject of the executive session, which is RE.10. This would be a resolution seeking authorization for the settlement of all claims asserted by the plaintiff against the City ofMiami -- the plaintiff is Kenia Perez -- in the case of Kenia Perez versus City ofMiami. The settlement that I am recommending is in the amount of $550, 000. We expect to recover $50, 000 from the excess insurance carrier if this settlement is approved. Commissioner Sarnoff. Move to approve it. Chair Gort: Okay. It's been moved by Commissioner Sarnoff -- Vice Chair Carollo: Second. Chair Gort: -- second by Vice Chairman Carollo. Is there any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. END OF RESOLUTIONS City ofMiami Page 96 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 BC.1 11-00511 RESOLUTION BOARDS AND COMMITTEES Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FORATERM DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Marie Vickles Commissioner Michelle Spence -Jones 11-00511 Arts CCMemo.pdf 11-00511 Arts Current Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0417 Chair Gort: Board appointments. Commissioner Spence -Jones: Board appointments. Priscilla A. Thompson (City Clerk): Commissioners, our first board appointment would be for the Arts and Entertainment Council. That would be BC.1. Individuals who have appointments to be made would be Commissioner Carollo, Commissioner Suarez, and Commissioner Spence -Jones. Vice Chair Carollo: I'll defer my BC.1 appointment. Commissioner Spence -Jones: Okay. And do you want me to go ahead? There's three people, right, that have to appoint? Anybody else appointing? Just me? Okay. I'd like -- for the Art [sic] and Entertainment Council, I'd like to appoint Marie V ckeles, V-I-C-K-E-L-E-S. Ms. Thompson: V-I-C-K-E-L? Commissioner Spence -Jones: Vas in victory. Ms. Thompson: Yes, I-C-K-E-L-S. Is that what you --? Commissioner Spence -Jones: K-L-E-S. Ms. Thompson: K-L-E-S, okay. Marie. Commissioner Spence -Jones: Yes, ma'am. Ms. Thompson: Thank you. Commissioner Suarez, do you have any? Commissioner Suarez: I think we -- our office didn't give you a list of the appointments that we're going to make. City ofMiami Page 97 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 BC.2 11-00228 Ms. Thompson: Okay, so you don't have anyone for BC.1. Commissioner Suarez: Oh, we're only going to be making appointments to the -- on the list -- Ms. Thompson: The ones you gave me, okay. Commissioner Suarez: -- that we gave you. Thank you. Ms. Thompson: All right. Chair Gort: Okay. Do I have a motion for the --? Vice Chair Carollo: So move. Commissioner Spence -Jones: Second. Chair Gort: Been moved by Vice Chairman Carollo, second by Commissioner Spence -Jones. All in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE 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 Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0418 Chair Gort: BC.2. Priscilla A. Thompson (City Clerk): On BC.2, we have appointments to be made by Vice Chair Carollo, Commissioner Suarez, and Commissioner Michelle Spence -Jones. Chair Gort: Commissioner Carollo. Vice Chair Carollo: Thank you. I want to renominate my current appointee, which is Jose A. City ofMiami Page 98 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Reisco. Ms. Thompson: Thank you. Commissioner Suarez is going to continue -- Commissioner Suarez: No. You know what, actually -- I'm sorry. Ms. Thompson: Okay. Commissioner Suarez: You're right. You see, you're always right. I'm going to nominate someone. I'm not a hundred percent sure that they're -- I'm pretty sure that they're qualified under the standards, but couldl nominate someone and then you could verify that? Ms. Thompson: Yes. Yes, definitely. Commissioner Suarez: Okay, Carlos Trueba. Ms. Thompson: Carlos -- Commissioner Suarez: Trueba, T-R-U-E-B-A. Ms. Thompson: T-R-U -- Commissioner Suarez: E-B-A. Ms. Thompson: Thank you. Commissioner Suarez: Thank you. Chair Gort: Okay. Any further appointments? Being none -- Ms. Thompson: Commissioner Spence -- Commissioner Spence -Jones: Yes. Chair Gort: Yes. Commissioner Spence -Jones: I have one. Okay. Ms. Carol Gardner, G-A-R -- you know. Ms. Thompson: So you're reappointing her? Commissioner Spence -Jones: Yes. I'm appointing her. Ms. Thompson: Thank you. Chair Gort: Do I have a motion to accept this appointment? Vice Chair Carollo: So moved. Chair Gort: It's been moved by Vice Chairman Carollo, second -- Commissioner Suarez: Second. Chair Gort: -- by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. City ofMiami Page 99 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 BC.3 11-00229 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Marie Louissant Commissioner Michelle Spence -Jones Alexander Cardenas Commission -At -Large 11-00229 Bayfront CCMemo.pdf 11-00229 Bayfront Current Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0419 Chair Gort: BC.3. Priscilla A. Thompson (City Clerk): On BC.3, the Bayfront Park Management Trust, there are appointments to be made by Commissioner Suarez, Commissioner Spence -Jones, and an at -large member. Commissioner Suarez: I'm continuing mine. Commissioner Spence -Jones: I'd like to nominate Ms. Marie Louissant. Ms. Thompson: Marie Louissant? Commissioner Spence -Jones: Um -hum. Commissioner Suarez: Second. Vice Chair Carollo: Hold on. And for the at -large, this is going to be a tough one. There's two good candidates. I'd like to nominate Alex Cardenas. Ms. Thompson: Alex Car -- Vice Chair Carollo: Cardenas. Chair Gort: Okay. Ms. Thompson: So that's your at -large. Vice Chair Carollo: I'm sorry? Ms. Thompson: That's the at -large member. Vice Chair Carollo: That's correct. City ofMiami Page 100 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Ms. Thompson: Okay. Chair Gort: Do I have a motion for the appointments? Commissioner Suarez: Second. They moved it, I guess, their appointments, so second. Chair Gort: Who moved it? Vice Chair Carollo: Yeah, I'll move it. Commissioner Suarez: Second. Chair Gort: Moved by Commissioner Carollo, second by Commissioner Suarez. All in favor, state it by saying "aye." The Commission (Collectively): Aye. BC.4 RESOLUTION 11-00888 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR ATERM AS DESIGNATED HEREIN. (BC.4) 11-00888a Office of the City Clerk APPOINTEE: NOMINATED BY: Hattie Willis Commissioner Michelle Spence -Jones 11-00888 CEB CCMemo.pdf 11-00888 CEB Current Members.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0420 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING DAVID BERLEY AS A MEMBER OF THE CODE ENFORCEMENT BOARD. Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0421 (BC.4) RESOLUTION City ofMiami Page 101 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 11-00888 b Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: David Lewis Commissioner Marc David Sarnoff Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0422 Chair Gort: BC.5. Priscilla A. Thompson (City Clerk): No, BC.4. Chair Gort: 4. Ms. Thompson: BC.4 is our Code Enforcement Board, appointments to be made by Commissioner Spence -Jones, and we have two at -large alternate seats; one has an incumbent and one is vacant. Commissioner Spence -Jones: Yes. I'd like to nominate Ms. Hattie Willis. Ms. Thompson: Hattie Willis, okay. And then Commission at -large, there are two alternate member seats. You do have an incumbent in one and a vacant seat on the other. Commissioner Sarnoff. Are we on Code Enforcement? Commissioner Spence -Jones: Yes. Ms. Thompson: Yes, sir. Chair Gort: Code Enforcement at -large. Commissioner Sarnoff. Can I make a motion to remove David Berley, who is -- I think the last time I -- I think put him on last time. Andl instead like to put on -- Ms. Thompson: Excuse me, Chair. I'm sorry. Chair, ifI might. Chair Gort: Yes. Ms. Thompson: We already have a person being nominated, so Commissioner Sarnoff, can we finish that part first, and then we'll do your nomin -- your removal and your appointment? Commissioner Sarnoff. Yes, ma'am. Ms. Thompson: Thank you. Okay, we have Ms. Hattie Willis by Commissioner Spence -Jones. Then your two Commission at -large seats, if there's anyone. City ofMiami Page 102 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Commissioner Spence -Jones: How many people actually on that --? Ms. Thompson: They're actually -- we actually have seven regular members and two alternates, for a total of nine. Commissioner Spence -Jones: Okay. Chair Gort: These at -large, you have an incumbent and then you have the alternative member. Ms. Thompson: They're both alternate seats. Chair Gort: Right. Ms. Thompson: But one has an incumbent, so you have -- Chair Gort: I understand. Ms. Thompson: -- an alternate incumbent and a vacant. Chair Gort: Does anyone would like to make a motion for at -large? Vice Chair Carollo: No. Chair Gort: No. Okay. Ms. Thompson: Okay, so we have nominated by Commissioner Michelle Spence -Jones -- Commissioner Sarnoff.. Second. Ms. Thompson: -- so that would be a motion. Chair Gort: It's been moved and second. Is there any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Thompson: Thank -- Chair Gort: Commissioner Sarnoff. Commissioner Sarnoff.. I'd like to make a motion to remove David Berley. Vice Chair Carollo: Second. Chair Gort: It's been moved by Commissioner -- second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Commissioner Sarnoff.. I'd like to make a motion to add a David Lewis. Vice Chair Carollo: Second. Chair Gort: David Lewis been moved and second. Is there any further discussion? Being none, City ofMiami Page 103 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 all in favor, state it by saying "aye. The Commission (Collectively): Aye. Commissioner Sarnoff. Thank you. Ms. Thompson: Thank you. Chair Gort: Thank you. BC.5 RESOLUTION 11-00513 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk 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 Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0423 Chair Gort: BC.5. Priscilla A. Thompson (City Clerk): BC.5 would be your Commission on the Status of Women, appointments to be made by Chair Gort, Vice Chair Carollo, Commissioner Suarez, and Commissioner Spence -Jones. Chair Gort: My nomination will be Iselle Fuentes. Ms. Thompson: Thank you. Vice Chair Carollo: Continue mines [sic], please. Ms. Thompson: Thank you. Commissioner Suarez: I nominate Ms. Connie Johnson. Ms. Thompson: Thank you. And Commissioner Spence -Jones? Commissioner Spence -Jones: I have two nominations, right? City ofMiami Page 104 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 BC.6 11-00889 Ms. Thompson: Yes. Commissioner Spence -Jones: Ms. Constance Gilbert -- Ms. Thompson: Yes. Commissioner Spence -Jones: -- and then Gwendolyn Dickson. Ms. Thompson: Okay, so you're going to reappoint Ms. Constance Gilbert, correct? Commissioner Spence -Jones: Yes. Ms. Thompson: And then, I'm sorry, Gwendolyn -- Commissioner Spence -Jones: Dickson. Ms. Thompson: All right. Can have a motion, please? Commissioner Suarez: So moved. Vice Chair Carollo: Second. Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Nathaniel Wilcox Commissioner Michelle Spence -Jones Deidria Davis Commissioner Michelle Spence -Jones 11-00889 CRB CCMemo.pdf 11-00889 CRB Current Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0424 Priscilla A. Thompson (City Clerk): On BC. 6, your Community Relations Board, there are appointments to be made by Vice Chair Carollo and Commissioner Michelle Spence -Jones. Vice Chair Carollo: Continue. City ofMiami Page 105 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. I'd like to -- for the Community Relations Board, I have two nominees, Nathaniel Wilcox and Deidra Davis. Ms. Thompson: Okay, so you are nominating or appointing Mr. Wilcox and you're reappointing Deidra Davis. Do I have a motion, please? Commissioner Sarnoff. Second. Vice Chair Carollo: So moved. Chair Gort: It's been moved by Vice Chairman Carollo, second by Commissioner Sarnoff. Any discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. BC.7 RESOLUTION 11-00516 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk 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 Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0425 Priscilla A. Thompson (City Clerk): On BC.7, the Community Technology Advisory Board, appointments to be made by the Mayor, Vice Chair Carollo, Commissioner Suarez, and Commissioner Spence -Jones. Chair Gort: Okay, nominations. Vice Chair Carollo: Continue mine, please. Commissioner Suarez: I'll re -- Commissioner Spence -Jones: Can I --? I just want to ask on -- I don't know how much has changed. Maybe all these boards are very active now two years later. But is the Community Technology Advisory Board, is it a lot more active now? City ofMiami Page 106 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 BC.8 11-00890 Ms. Thompson: It is still active. They have met a lot of their projects. There has been some discussion about possibly sunsetting that board and establishing a new board, but they are still meeting. Commissioner Spence -Jones: They are still meeting. All right. I'll just put Constance Gilbert on it for now. Ms. Thompson: Constance Gilbert? Commissioner Spence -Jones: Yeah. Commissioner Sarnoff. Second. Commissioner Suarez: I'll -- wait. I want to -- Chair Gort: It's been moved by -- Commissioner Suarez: -- nominate the incumbent, just renominate him, Ricardo Ruiz. Ms. Thompson: Ricardo Ruiz. Commissioner Sarnoff. Second. Chair Gort: Okay. There's a motion and a second on both nomination. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk 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 11-00890 EOA CCMemo.pdf 11-00890 EOAB Current Members.pdf 11-00890-Submittal-Substitution For Item BC.8 Adding Back -Up Documentation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0426 Priscilla A. Thompson (City Clerk): BC.8, your Equal Opportunity Advisory Board, there are City ofMiami Page 107 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 BC.9 11-00448 appointments to be made by Chairman Gort, Vice Chair Carollo, Commissioner Sarnoff, Commissioner Suarez, Commissioner Spence -Jones, and a name -- a nomination has been proffered by AFSCME (American Federation of State, County and Municipal Employees) 1907. That -- this is one of the substitute memos thatl delivered to your office. That nomination came in after the printing of our agenda. And that name that AFSCME has proffered would be Amarilys Perez, so they're looking at reappointing her. Chair Gort: Okay, I'll waive mine. Vice Chair Carollo: Continue mine, please. Commissioner Sarnoff. I'll continue mine. Commissioner Suarez: I will renominate Aurelus Dorvil. Ms. Thompson: Aurelus Dorvil. Commissioner Spence -Jones: I'm nominating Charles Flowers. Ms. Thompson: Mr. Charles Flowers. Chair Gort: Okay. There's -- Vice Chair Carollo: Second. Ms. Thompson: No. Chair Gort: -- a motion -- Ms. Thompson: I'm sorry. Chair Gort: Yes. Ms. Thompson: You have one more. Commissioner Spence -Jones, you have two people. Commissioner Spence -Jones: I'm holding off on that one. Ms. Thompson: Okay. Chair Gort: Okay. There's a motion. There's a second. Ms. Thompson: I'm sorry. Chair Gort: It's been moved by -- Commissioner Suarez: Move it. Chair Gort: -- Commissioner Spence -Jones, second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. RESOLUTION City ofMiami Page 108 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Pablo Acosta Chairman Wifredo (Willy) Gort Al Salas 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 Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0427 Priscilla A. Thompson (City Clerk): BC.9 is your Finance Committee, appointments to be made by Chair Gort, Vice Chair Carollo, Commissioner Sarnoff, Commissioner Suarez, and Commissioner Spence -Jones. Commissioner Sarnoff. Madam City Attorney, is there a -- Ms. Thompson: City Clerk. Commissioner Sarnoff. -- residency requirement? Ms. Thompson: No, not on the Finance Committee. Commissioner Sarnoff. There's not? Ms. Thompson: No. Commissioner Sarnoff. All right. I'm going to continue mine. Commissioner Suarez: I renominate Manuel Vadillo. Ms. Thompson: I'm sorry, sir. Commissioner Suarez: I'll renominate Manuel Vadillo, my current nominee, my current -- Ms. Thompson: Then we have Chair Gort. Okay. Vice Chair Carollo: I will renominate Al Salas. Ms. Thompson: Okay, Al Salas. And then Commissioner Spence -Jones? Commissioner Spence -Jones: David Wilson. City ofMiami Page 109 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Ms. Thompson: David Wilson. Chair Gort: Well, I'll renominate Pablo Acosta. Ms. Thompson: So you -- okay, good. Thank you. Chair Gort: Do I have a motion? Vice Chair Carollo: So moved. Chair Gort: Moved by -- Commissioner Suarez: Second. Chair Gort: -- Vice Chairman Carollo, second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. BC.10 RESOLUTION 10-00766 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk 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 10-00766 Health CCMemo.pdf 10-00766 Health Current Members.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-11-0428 Direction by Commissioner Spence -Jones to the City Attorney to determine the actions necessary to expand the duties of the Health Advisory Board. Priscilla A. Thompson (City Clerk): On BC.10 -- BC.10 would be your Health Facilities Authority Board, appointments to be made by Vice Chair Carollo, Commissioner Suarez, and Commissioner Spence -Jones. Vice Chair Carollo: Continue mine, please. Commissioner Suarez: Continue mine, as well. Commissioner Spence -Jones: Okay, Madam City Clerk, I just want to ask -- 'cause this was another board that we really -- I mean, are they active and doing anything? City ofMiami Page 110 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Ms. Thompson: As far as I know, they are active and moving forward. The requirements for this board are very specific, so they must be City residents and -- during their appointment. But as far as I know, they are active. Commissioner Spence -Jones: Okay. Chair Gort: Let me ask a question. This board is utilized to be a conduit for bond issue for any hospital within the area. Ms. Thompson: That, sir, I'm not sure of. Their board liaison, Mr. Pete Chircut, may be here, or Ms. Diana Gomez. They've worked with those boards in the -- that board in the past. Commissioner Spence -Jones: I just think that, you know, we're asking private citizens to participate in something and I'm sure they're probably meeting on something, but it just seems like with all of the health -related, science -related, all of these kind of major projects that we have going on in the health district, it would only make sense to me is that we at least figure out what they do, if it needs to be amended in some way so that we get the best benefit out of professionals that we want to sit on these boards or we just don't do it. Chair Gort: The question is what is the duty of the health board -- the Health Facility [sic]? S. Pete Chircut (Treasurer): Pete Chircut, Finance Department. The Health Facility [sic] members issue bonds to facilitate the hospital in that district. Chair Gort: There'll be -- they're -- Mr. Chircut: Mercy Hospital is -- Chair Gort: -- utilized as a conduit to do the bond issues. Mr. Chircut: Yes. Chair Gort: Okay. Mr. Chircut: There is no obligation to the City ofMiami on the debt. Commissioner Spence -Jones: So there's no other function, Pete, but just to issue bonds? Mr. Chircut: That's right. Chair Gort: That's it. Mr. Chircut: That is correct. Commissioner Spence -Jones: Okay. I'm just -- have they issued anything lately? Mr. Chircut: They did a refinancing back in, I believe, 19 -- 2008. Commissioner Spence -Jones: Okay. Mr. Chircut: That was the last refunding. Commissioner Spence -Jones: Three years ago. Anything else? Are they working on something now? City ofMiami Page 111 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Mr. Chircut: Not that I know of. Commissioner Spence -Jones: I mean, can any amendments or changes happen with this board? 'Cause if not, they're just coming to meet -- three years have gone by and -- Mr. Chircut: They probably wouldn't meet two years from now. It is as is. As they issue bonds, that's when they meet. Commissioner Spence -Jones: Oh, okay. Chair Gort: My understanding, the only one that could issue bonds using this conduit would be Mercy Hospital because all the other facilities have their own issuers. Mr. Chircut: There is one other facility that we do issue bonds for. It is the Jewish Home of the Aged. Chair Gort: Oh, okay, yes. Yes, okay. Mr. Chircut: Okay. Chair Gort: Now maybe what we're talking about is expand some of the duties, andl don't know if this is through an ordinance or a resolution, try -- since we have so many -- putting so many emphasis in the health districts -- Commissioner Spence -Jones: Yes. Chair Gort: -- and right now, one of the industry that really hiring individuals is the health industry. If we could expand their -- the services of this board. Commissioner Spence -Jones: Can we do that, Madam City Attorney? Is there any way you can look into expanding the existing board to get more out of it since we have the whole health district coming? Julie O. Bru (City Attorney): We can work on that. I'll have Robin -- I know that she monitors this board. This is the conduit board, right? Chair Gort: Right. Mr. Chircut: That is correct. Ms. Bru: I mean, the -- Chair Gort: That's the conduit, yeah. Ms. Bru: -- board that reviews the conduit issuance. Mr. Chircut: Yes. That's correct. Ms. Bru: We can look and see whether or not that would be something that would be available under the IRS (Internal Revenue Service) code and everything else. Commissioner Spence -Jones: Okay. Thank you. Chair Gort: Thank you. City ofMiami Page 112 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 BC.11 11-00233 Mr. Chircut: Thank you. Chair Gort: Thank you. Commissioner Spence -Jones: I will go ahead and nominate Dr. Larry Pierre, though, in the meantime, but I would definitely want -- I don't want to have Dr. Pierre coming to meetings that, you know, are not fruitful so -- Chair Gort: Okay. There's a motion by Commissioner Spence -Jones -- Vice Chair Carollo: Second. Chair Gort: -- second by Vice Chairman Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk 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 Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort R-11-0429 Priscilla A. Thompson (City Clerk): On BC.11, that would be -- I'm sorry, one second. BC.11 is our Historic and Environmental Preservation Board. We have a number of appointments to be made on that board. Vice Chair Carollo has two appointments; Commissioner Suarez, one; and Commissioner Spence -Jones, two appointments. This board has very specific requirements. It is a board that requires advertising and applications. When we went out earlier this year for our advertisement, we did get applications in. We have certain categories that are attached to the appointments. For Commissioner Carollo, the vacant seat that's there is for Category 6, which is Business/Finance/Law. Currently, eligible applicants for that seat, that category, would be David Freedman or Gary Appel. Also, with your Category 3, Architectural Historian, eligible applicant during the time of advertisement was Gary A. Appel. Then Commissioner Suarez, in the Architect, 1 Category, our eligible applicants were Armando Cazo and Robert J. Caboski [sic]. Then Commissioner Spence -Jones, in the Category 5 of Real Estate, our eligible applicant City ofMiami Page 113 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 was Armando Cazo and Robert -- I'm sorry. I beg your pardon. I'm sorry. The eligible applicants, I'm sorry, for Real Estate, Category 5, are Armando Cazo and Robert J. Caboski [sic]. And Mr. Caboski [sic] is also an eligible applicant for the Architect, okay. Then in our Category 2 for Landscape Architect, our eligible applicant is Gerald C. Marston. So we have a combination. If you are going to make an appointment, you just need to let me know andl can tell you which applicants, which eligible applicants we have in those areas. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I'd like to nominate Mr. David Freedman under 6 -- Category 6. Ms. Thompson: David Freedman. Vice Chair Carollo: That's correct, ma'am. Ms. Thompson: Okay. Vice Chair Carollo: And continue my other appointment. Ms. Thompson: Thank you. Any -- Commissioner Suarez? Commissioner Spence -Jones? Commissioner Spence -Jones: So -- I just want to be clear. So the individuals that I may want to nominate, they'd actually have to apply, correct? Ms. Thompson: That's correct. Commissioner Spence -Jones: Okay. So I'll make sure my office reaches out to the individuals that I'd like for them to apply for that. Ms. Thompson: Okay. Now, we would need to do a completely new advertisement. Commissioner Spence -Jones: Okay. Ms. Thompson: Okay. So these individuals who are currently serving would continue to serve until you make appointments -- further appointments, okay? Commissioner Spence -Jones: Okay. Ms. Thompson: Can get a motion, please? Vice Chair Carollo: Can I have a motion? Commissioner Spence -Jones: So moved. Vice Chair Carollo: Motion by Commissioner Spence -Jones. Is there a second? Commissioner Suarez: Second. Vice Chair Carollo: Second by Commissioner Suarez. Any discussion? Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 114 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Vice Chair Carollo: Anyone in opposition has the same right to say "nay. " Motion carries unanimously. BC.12 RESOLUTION 11-00518 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk 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 11-00518 Homeland CCMemo.pdf 11-00518 Homeland Current Members.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort R-11-0430 Vice Chair Carollo: BC.13. Madam City Clerk. Priscilla A. Thompson (City Clerk): BC.12? Vice Chair Carollo: I thought -- yep, my error. BC.12. Ms. Thompson: BC.12 would be the appointments to the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. The appointments to be made are Vice Chair Carollo, Commissioner Suarez, and Commissioner Spence -Jones. Vice Chair Carollo: Please continue both of mine, Madam City Clerk. Commissioner Suarez? Commissioner Suarez: Which one are we on? Vice Chair Carollo: We're on BC.12. Ms. Thompson: On BC.12. Vice Chair Carollo: Continue. Commissioner Spence -Jones. Commissioner Spence -Jones: Eileen Broton. Ms. Thompson: Ms. Eileen Broton. You are reappointing her, okay. Commissioner Spence -Jones: And I'm going to hold off on the next one. I just need to get clarity from the Law office on the other one. Vice Chair Carollo: That's a motion by Commissioner Spence -Jones. Is there a second? Commissioner Suarez: Second. City ofMiami Page 115 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Vice Chair Carollo: Second by Commissioner Suarez. Any discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say "nay." Motion carries unanimously. BC.13 RESOLUTION 11-00790 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk 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 Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort R-11-0431 Vice Chair Carollo: BC.13. Madam City Clerk. Priscilla A. Thompson (City Clerk): Your -- on BC.13, your appointments are for the Mayor's International Council. There is a nomination for a vacancy by Commissioner Sarnoff and also a nomination by Commissioner Spence -Jones. Vice Chair Carollo: Commissioner Sarnoff. Commissioner Sarnoff.. I'm going to continue mine. Vice Chair Carollo: Continue. Commissioner Spence -Jones. Commissioner Spence -Jones: Marleine Bastien. Ms. Thompson: Marleine Bastien. Vice Chair Carollo: That's in -- Commissioner Spence -Jones: Mayor's International Council. Vice Chair Carollo: -- a motion. Yes. Commissioner Spence -Jones: So move. Vice Chair Carollo: In form of a motion. Motion by Commissioner Spence -Jones, second by City ofMiami Page 116 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Commissioner Suarez. Any discussion? Hearing no discussion, all in favor, say aye. The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say "nay. " Motion carries unanimously. BC.14 RESOLUTION 11-00519 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 11-00519 MSEACCMemo.pdf 11-00519 MSEA Current Board Members.pdf NOMINATED BY: Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Vice Chair Carollo: BC.14. Priscilla A. Thompson (City Clerk): BC.14 would be the Miami Sports and Exhibition Authority, appointments to be made by Vice Chair Carollo and Commissioner Spence -Jones. Vice Chair Carollo: Continue mine, please. Ms. Thompson: Thank you. Vice Chair Carollo: Commissioner Spence -Jones. Commissioner Spence -Jones: Mr. Hershel Haynes. Ms. Thompson: Okay. Thank you. Vice Chair Carollo: You have two. Commissioner Spence -Jones: On Nuisance? Ms. Thompson: No, no. For MSEA (Miami Sports & Exhibition Authority), you have two appointments. Vice Chair Carollo: Right. City ofMiami Page 117 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Commissioner Spence -Jones: Oh, I have the wrong -- Vice Chair Carollo: You're in BC.14. Commissioner Spence -Jones: BC.14. Okay, I pass on that one. Ms. Thompson: Okay, so let me make sure because you did proffer a name. That was not -- Commissioner Spence -Jones: No, that was -- Ms. Thompson: Okay. Commissioner Spence -Jones: -- actually supposed to be for the next item. Ms. Thompson: Okay. So you're continuing your two appointments then? Yes, Commissioner? You're continuing your two -- Commissioner Spence -Jones: Yes. Yes, ma'am. Ms. Thompson: Okay, then I would need a motion to continue. Commissioner Spence -Jones: Motion to continue. Commissioner Sarnoff.. Second. Vice Chair Carollo: Motion by Commissioner Spence -Jones, second by Commissioner Sarnoff. Any discussion? Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say "nay. " Motion carries unanimously. BC.15 RESOLUTION 11-00520 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Hershel Haynes Commissioner Michelle Spence -Jones 11-00520 NAB CCMemo.pdf 11-00520 NAB Current Members.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0432 Vice Chair Carollo: BC.15. City ofMiami Page 118 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 BC.16 11-00368 Priscilla A. Thompson (City Clerk): BC.15 would be your Nuisance Abatement Board, appointments to be made by Vice Chair Carollo, Commissioner Suarez, and Commissioner Spence -Jones. Vice Chair Carollo: Continue mine, ma'am. Ms. Thompson: Thank you. Vice Chair Carollo: Please. Commissioner Spence -Jones: Hershel Haynes. Chair Gort: Continue it? Commissioner Spence -Jones: Hershel Haynes. Commissioner Sarnoff.. Second. Chair Gort: Oh, okay. It's been move and second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Manoucheka Thermitus Commissioner Michelle Spence -Jones (Term ending 10/13/2013) Betsy Mullins-Urwin City Manager Johnny Martinez (Term ending 7/8/2012) 11-00368 PRAB CCMemo.pdf 11-00368 PRAB Current Members.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0433 Chair Gort: 16. Priscilla A. Thompson (City Clerk): BC.16 would be the appointments to the Parks and Recreation Advisory Board. There are appointments to be made by Chair Gort, Vice Chair Carollo, Commissioner Spence -Jones, and the Manager. The Manager has proffered the name of Betsy Mullins-Urwin to me already. City ofMiami Page 119 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 BC.17 11-00250 Chair Gort: I don't have any at this time. Vice Chair Carollo: Continue mine, please. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Manoucheka Thermitus. Ms. Thompson: Okay, so you're reappointing her? Commissioner Spence -Jones: Yes, ma'am. Ms. Thompson: Okay. May I have a motion, please? Commissioner Spence -Jones: So moved. Vice Chair Carollo: Second. Chair Gort: It's been moved by Commissioner Spence -Jones, second by Vice Chairman Carollo. All in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk 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 Motion by Commissioner Spence -Jones, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0434 Priscilla A. Thompson (City Clerk): BC.17 would be your appointments to the Urban Development Review Board, better known as the UDRB. We have appointments to be made by Vice Chair Car -- I'm sorry, Chair Gort, Vice Chair Carollo, Commissioner Suarez, and Commissioner Spence -Jones. Commissioner Suarez is going to continue. Thank you. Vice Chair Carollo: Continue mine, please. Ms. Thompson: Vice Chair Carollo, thank you. Commissioner Spence -Jones: Neal Hall. City ofMiami Page 120 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Ms. Thompson: I'm sorry. I didn't -- Commissioner Spence -Jones: Neal Hall. Ms. Thompson: Neal Hall. Okay. You have two appointments. Commissioner Spence -Jones: (UNINTET,T IGIBT ,F) 5:17: 03. Ms. Thompson: Okay. May I get a motion, please? Commissioner Spence -Jones: So move. Vice Chair Carollo: Second. Chair Gort: Okay, it's been moved and second. All in favor, state it by saying "aye. The Commission (Collectively): Aye. BC.18 RESOLUTION 10-00919 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk 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 Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0435 Priscilla A. Thompson (City Clerk): BC.18 would be your Virginia Key Beach Park Trust. There are appointments to be made by Commissioner Suarez, by Commissioner Spence -Jones, and a member at -large. The member at -large -- Commission at -large appointment, we are still awaiting a memo from the Trust. The requirements are that the Trust should recommend an individual to you or individuals and you make a selection from there. We have not received that memo yet, so we're looking at Commissioner Suarez and Commissioner Spence -Jones. Commissioner Suarez: Do they have to be a City resident for this board? Ms. Thompson: No. Commissioner Suarez: Let me continue it. Ms. Thompson: Continue. Thank you. Commissioner Spence -Jones: Marva Wiley. City ofMiami Page 121 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Ms. Thompson: Marva Wiley. Thank you. May I have a motion, please? Chair Gort: It's a motion by -- Vice Chair Carollo: So moved. Chair Gort: -- Commissioner Spence -Jones, second by -- Commissioner Suarez: Second. Chair Gort: -- Commissioner Suarez. Okay, all in favor, state it by saying "aye. ' The Commission (Collectively): Aye. BC.19 RESOLUTION 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 Motion by Commissioner Spence -Jones, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0436 Priscilla A. Thompson (City Clerk): On BC.19, we have the Waterfront Advisory Board. There are appointments to be made by the Mayor, by Commissioner Spence -- I'm sorry, Suarez and Michelle Spence -Jones. This is the one, Commissioner Suarez, that you advised of a reappoint -- Commissioner Suarez: Yeah. I'd like to renominate Denis Rod. Ms. Thompson: Any -- You have two appointments. Okay. Thank you. Commissioner Spence -Jones? Commissioner Spence -Jones: The person I had on -- Madam City Clerk, I know it's a Garcia, but can't remember which one. Ms. Thompson: You have Mr. Charles Flowers and Mr. Luis Esteban Garcia. Commissioner Spence -Jones: Luis, yeah. I want to reappoint Luis. City ofMiami Page 122 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 BC.20 11-00557 Office of the City Clerk Ms. Thompson: You -- okay. And that's the only one you're going to do at this time or --? Commissioner Spence -Jones: Yeah, for now. Ms. Thompson: Okay. Thank you. Commissioner Suarez: Second. Vice Chair Carollo: Second. Chair Gort: Okay. It's been motion by Commissioner Spence -Jones, second by Vice Chairman Carollo. All in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION 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: Daniel Suarez Rolando Aedo 11-00557 CIP CCMemo.pdf 11-00557 CIP Current Members.pdf 11-00557 CIP Memo and Resumes.pdf NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0437 Priscilla A. Thompson (City Clerk): BC.20 would be the appointments to the Civilian Investigative Panel. There are eight positions to be appointed by the Commission. As it stands now, we have the recommending memo from the CIP (Civilian Investigative Panel) that includes two names, Mr. Daniel Suarez, who is a resident ofDistrict 3, and it is proposed that he replace incumbent Susan L. Weintraub. And then Mr. Rolando Aedo, who's a resident ofDistrict 3, and it is proposed that he fill a vacant seat. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I nominate Mr. Daniel Suarez and Mr. Rolando Aedo. Commissioner Suarez: Second. Chair Gort: There's a motion by Vice Chairman Carollo, second by Commissioner Suarez. Any City ofMiami Page 123 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 further nominations? Hearing none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. BC.21 RESOLUTION 11-00794 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Clerk EMPLOYMENT REQUIREMENTS BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO DUCOSSE DELVAAS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL. 11-00794 CIP Employment Waiver CCMemo.pdf 11-00794 CIP Current Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Priscilla A. Thompson (City Clerk): On BC.21, your Civilian Investigative Panel, Mr. Devva [sic] was appointed to the board, but he needs a four fifth waiver for employment. We continued this from the last meeting. Commissioner Spence -Jones, it is my understanding that he is a resident of District 5 and you wanted to review this. Chair Gort: Yes, ma'am. Carol Abia: Carol Abia, with the Civilian Investigative Panel. We've been working with trying to get Mr. Delva to meet with the Commissioner. I think we're close to getting a date that's convenient to both, and so we're asking for a deferment until we can get that taken care of. Chair Gort: Okey-doke. Ms. Thompson: May I have a motion? Vice Chair Carollo: So moved. Chair Gort: Moved by Vice Chairman Carollo, second by Commissioner Spence -Jones. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Abia: Thank you. BC.22 RESOLUTION 11-00909 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk 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 City ofMiami Page 124 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 BC.23 11-00832 Office of the City Clerk 11-00909 EAB CCMemo.pdf 11-00909 EAB Current Members.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0438 Priscilla A. Thompson (City Clerk): Then on BC. 22, these are appointments to the Education Advisory Board. We have an appointment to be made by the Mayor. We have appointments to be made by Francis Suarez and Commissioner Michelle Spence -Jones. Chair Gort: Commissioner Suarez. Commissioner Suarez: Continue. Chair Gort: Commissioner Spence -Jones. Commissioner Spence -Jones: (UNINTET,T IGIBT ,F) 5:21: 50. Vice Chair Carollo: Second. Ms. Thompson: Can you spell that, please? Commissioner Spence -Jones: B-E-N -- Ms. Thompson: I'm sorry. I can't hear you. Commissioner Spence -Jones: B-E-N-A-R-D, Benard. Ms. Thompson: B-E-N-A-R-D, okay. Chair Gort: Moved by Commissioner Spence -Jones, second by Vice Chairman Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING THE MAYOR AND MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE -CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTED AS CHAIRPERSON: Commissioner Carollo of the Bayfront Park Management Trust Commissioner Sarnoff of the Downtown Development Authority Commissioner Spence -Jones of the Commercial Solid Waste City ofMiami Page 125 Printed on 11/10/2011 City Commission Meeting Minutes 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 Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0439 City ofMiami Page 126 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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. City ofMiami Page 127 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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. 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. Priscilla A. Thompson (City Clerk): On BC.23, that is -- that would be your appointments to the boards where our Mayor and Commissioners are members of board. Commissioners, this is being brought forth to you because we do -- with the changeover of District 5 Commissioner, there were some appointments made that Commissioner Dunn was holding. Then we had a resignation from one of the boards by Chairman Gort, and the League of Cities asked that we advise them of who our new member would be for their board, so that's why we brought this back to you today. We normally have this massive -- these massive appointments once a year in June. It was done in June. You have the history of who is currently serving in those positions, andl just need for you to give me some directions on who should continue to be sitting in those seats. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Let -- and ifI may, Madam City Clerk, let me -- Ms. Thompson: Yes. Vice Chair Carollo: -- see ifI clam this a little bit. These are the boards that the Commissioners nominate -- Chair Gort: Right. Vice Chair Carollo: -- you know, one another and so forth. Commissioner Spence -Jones: Right. Vice Chair Carollo: I think for the most part they should stay the same, unless someone has any objections, and the difference will be the boards that former Commissioner Dunn used to sit in, I would think Commissioner Spence -Jones would like to -- and you know, any of this is open for discussion. Now with the appointment of a member to the Florida League of Cities -- Ms. Thompson: I'm sorry. Commissioner Gort, I apologize. Commissioner Gort actually resigned from the Miami -Dade County Tourist Development Council. I'm sorry. Tourist Development Council. Commissioner Spence -Jones: I'll take it. I'll do it. Commissioner Suarez: Okay. Vice Chair Carollo: Second. Commissioner Suarez: Second. Chair Gort: It's been moved by -- Commissioner Suarez: Third. City ofMiami Page 128 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Chair Gort: Okay. All in favor, state it by saying "aye. " The Commission (Collectively): Aye. Chair Gort: Moved by Commissioner Spence -Jones, second by Vice Chairman Carollo. Vice Chair Carollo: Now, ifI may, Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: There's still other openings. For instance, the chairman of the Southeast Overtown/Park West Community Redevelopment Agency. I would nominate Commissioner Spence -Jones -- Commissioner Suarez: Second. Vice Chair Carollo: -- to be the chairman of that. Chair Gort: Been nominated by Vice Chairman Carollo, second by Commissioner Suarez. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Next. Vice Chair Carollo: Hold on, hold on. I just want to make sure. And all the other appointments should stay the same. Is that correct, Madam City Clerk? Do we need a motion for that? Chair Gort: I don't know. No, no. Wait a minute, wait a minute. I want to discuss some of this. Vice Chair Carollo: Okay. Chair Gort: Bayfront Park. Commissioner Spence -Jones: Who's the chairman of that? Vice Chair Carollo: I'm the chairman, andl request -- Chair Gort: He's the chairman. Vice Chair Carollo: -- to continue to be the chairman. Commissioner Spence -Jones: Okay. Chair Gort: Bayfront Park. I'll go ahead and nominate Vice Chairman Carollo. Commissioner Suarez: Second. Vice Chair Carollo: There's a trade-off here. Chair Gort: Okey-doke. There's been a motion -- Vice Chair Carollo: There's a motion by Commissioner Gort. Is there a second? City ofMiami Page 129 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Commissioner Suarez: Second. Commissioner Sarnoff. Second. Vice Chair Carollo: Second by Commissioner Suarez. Any discussion? Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say "nay. " Motion carries unanimously. Next we have the DDA (Downtown Development Authority). Commissioner Spence -Jones: I just want to ask a quick question. The Commercial Solid Waste, who's doing that? Vice Chair Carollo: I think that was Commissioner Dunn. Commissioner Spence -Jones: Okay. Vice Chair Carollo: I believe so. Commissioner Spence -Jones: Okay, so I just roll over into that? Ms. Thompson: And that's what I want to make sure of. I thought we -- it was stated that where Commissioner Dunn had those seats, Commissioner Spence -Jones would move into those, okay. Then we did fill in with Commissioner Spence -Jones -- Chair Gort: We are no longer member of the Florida League of City [sic]. We're no longer a member of the Florida League of City [sic]. Ms. Thompson: Correct. Chair Gort: So that's one down. Commissioner Spence -Jones: Good. Vice Chair Carollo: Do you -- are we -- I thought -- Commissioner Gort, I thought you wanted to go one by one. Chair Gort: We should, yeah. No problem. Vice Chair Carollo: Let's do it. Let's continue. We have the DDA. Chair Gort: Downtown Development Authority. Vice Chair Carollo: I nominate Commissioner Sarnoff. Commissioner Suarez: Second. Chair Gort: It's been moved by Vice Chairman Carollo, second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Commercial Solid Waste Management. City ofMiami Page 130 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Vice Chair Carollo: I nominate Commissioner Spence -Jones. Commissioner Sarnoff.. Second Commissioner Suarez: Second. Chair Gort: It's been moved by Vice Chairman Carollo, second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Midtown Community Development Agency. Commissioner Sarnoff.. Nominate Commissioner Suarez. Vice Chair Carollo: Second. Chair Gort: It's been moved by Commissioner Sarnoff and second by Commissioner -- I mean, Vice Chairman Carollo. Any further discussion? That's a big one. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Thompson: Would you -- you also --? Chair Gort: Omni Community Redevelopment Agency. Ms. Thompson: You -- I'm sorry. For that one, you would also need to nominate, if you want to make any changes, your vice chair. You have a chair and vice chair there. Commissioner Spence -Jones: For what, Midtown? Vice Chair Carollo: Who's currently the vice chair? Ms. Thompson: Commissioner Gort. Vice Chair Carollo: I nominate Commissioner Gort -- Commissioner Sarnoff.. Second. Vice Chair Carollo: -- to be vice chair. Chair Gort: Been moved by Vice Chairman Carollo, second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Mayor International -- Ms. Thompson: Omni. Chair Gort: Southeast Overtown/Park West. Ms. Thompson: No. Omni. City ofMiami Page 131 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Vice Chair Carollo: No, Omni. Chair Gort: Omni? Ms. Thompson: No. Omni's next. Vice Chair Carollo: Omni CRA (Community Redevelopment Agency). Chair Gort: Oh, I thought we did Omni. Vice Chair Carollo: No, we did Overtown. Chair Gort: Omni CRA. Vice Chair Carollo: I nominate Commissioner -- Commissioner Suarez: Sarnoff. Vice Chair Carollo: -- Sarnoff. Commissioner Suarez: Second. Chair Gort: It's a motion by Vice Chairman Carollo, second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Thompson: Your vice chair. Chair Gort: They have a vice chairman there? Vice Chair Carollo: Who's currently the vice chair, Madam --? Ms. Thompson: Commissioner Suarez. Vice Chair Carollo: I nominate Commissioner Suarez -- Commissioner Sarnoff. Second. Vice Chair Carollo: -- as the vice chair of the Omni CRA. Chair Gort: It's been moved by Vice Chairman Carollo, second by Commissioner Sarnoff. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Thompson: Mayor's International Council, vice chair. Vice Chair Carollo: Currently, I'm the -- Commissioner Suarez: Move Commissioner Carollo. Vice Chair Carollo: Second. City ofMiami Page 132 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Chair Gort: It's been moved and second. Is there any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Thompson: MSEA (Miami Sports & Exhibition Authority). Vice Chair Carollo: Who's currently the vice chair? Ms. Thompson: That would be Commissioner Suarez. Commissioner Sarnoff.. Second. Chair Gort: Who makes the motion? Commissioner Sarnoff.. I thought the Clerk did. I'll make the motion. Chair Gort: Ms. Thompson made the motion and -- Vice Chair Carollo: I'll make the motion. Chair Gort: Motion by Vice Chairman Carollo, second by Commissioner Sarnoff. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Vice Chair Carollo: I think we did Omni. Ms. Thompson: So we won't have any members on -- Chair Gort: Greater Miami Convention and Visitors Bureau. Ms. Thompson: Yes. Commissioner Spence -Jones: Did we do vice chair of Southeast Overtown/Park West? Ms. Thompson: I'm sorry. We sure didn't. Thank you, Commissioner. Commissioner Sarnoff.. Who is that? Commissioner Spence -Jones: Well, Suarez, you look like you got -- Ms. Thompson: Currently -- yes. Commissioner Spence -Jones: -- too much going on so -- Ms. Thompson: Currently our vice chair is Commissioner Suarez. Commissioner Spence -Jones: He's got a lot going on already. He's got like ten boards so -- Vice Chair Carollo: I nominate -- Chair Gort: It's good for him. He's young. He can take them all. Vice Chair Carollo: -- Commissioner Gort as the vice chairman. City ofMiami Page 133 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Commissioner Spence -Jones: Okay, I like that. Commissioner Suarez: Of what -- Chair Gort: No problem. Commissioner Suarez: -- ofMSEA? Vice Chair Carollo: No, no. Of the -- vice chairman of the Southeast Overtime [sic]/Park West Commissioner Spence -Jones: Town/Park West -- Vice Chair Carollo: -- CRA. Commissioner Suarez: Okay. Chair Gort: Okay. There's a nomination by Vice Chairman Carollo, second by Commissioner Suarez. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Thompson: Greater Miami Convention and Visitors Bureau. Vice Chair Carollo: Who is currently the --? Chair Gort: Suarez. Ms. Thompson: Commissioner Suarez. Commissioner Spence -Jones: Suarez, you don't feel like you have a lot going on? Commissioner Suarez: Are you -- is that a serious question? Yeah, I always feel like I have a lot going on, butt manage. Commissioner Spence -Jones: I move Suarez. Vice Chair Carollo: Second. Chair Gort: It's been moved by Commissioner Spence -Jones, second by Vice Chairman Carollo. Commissioner Suarez: If somebody else wants to do it, I mean, that's fine with me. Chair Gort: All in favor, state it by saying "aye.' The Commission (Collectively): Aye. Chair Gort: You can have it. Ms. Thompson: Your M -- Chair Gort: Miami -Dade County League of City [sic]. Ms. Thompson: No, the MPO (Metropolitan Planning Organization) -- City ofMiami Page 134 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Vice Chair Carollo: No. Commissioner Sarnoff.. MPO. Ms. Thompson: -- Metropolitan -- Commissioner Sarnoff.. This is a good one. Vice Chair Carollo: Who's the chairman? Ms. Thompson: Commissioner -- Commissioner Spence -Jones: Who's serving on this one? Chair Gort: Suarez. Ms. Thompson: Commissioner Suarez. Commissioner Spence -Jones: Come on. That's -- Commissioner Suarez: Do you want to serve on it? Commissioner Spence -Jones: I nominate -- Commissioner Sarnoff, you want to sit on it? Commissioner Sarnoff.. No, no. I've sat on this. Vice Chair Carollo: Commissioner Gort? Commissioner Spence -Jones: I'll sit on it. Commissioner Suarez: Okay. Vice Chair Carollo: I nominate Commissioner Spence -Jones. Commissioner Suarez: Second. Commissioner Sarnoff.. This is a good board. Commissioner Spence -Jones: I don't know how interesting it is, though. Commissioner Sarnoff.. This is a good board. Chair Gort: Okay. It's been -- Commissioner Sarnoff.. You're going to miss the (UNINTELLIGIBLE) 5: 30: 51. Commissioner Suarez: Thank you. Commissioner Sarnoff.. You'll miss the (UNINTET,TIGIBT,F) 5: 30: 53. Chair Gort: There's a motion by -- Commissioner Suarez: You just did me a -- City ofMiami Page 135 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Chair Gort: -- Vice Chairman Carollo, second by Commissioner Sarnoff. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Miami -Dade County League of City [sic]. Vice Chair Carollo: Suarez. Chair Gort: Commissioner Suarez. Ms. Thompson: Commissioner Suarez. Chair Gort: I'm a member already. Commissioner Sarnoff.. You like that, don't you? Chair Gort: As past president, I'm a member, so I can't be. Commissioner Sarnoff.. You like that, don't you? Commissioner Spence -Jones: You like League of Cities, right? Vice Chair Carollo: You want to maintain him in --? Chair Gort: Yes. Vice Chair Carollo: Yeah. Commissioner Suarez: I want to maintain on the League of Cities. I wanted to maintain on the MPO. I want to maintain on whatever I'm on, but that's okay. I mean, I'm the only one getting taken off things, but that's fine. I don't have a -- I mean, it's not a big deal, you know. I'm the vice -- Commissioner Spence -Jones: So I nominate Suarez on Miami -Dade League of Cities. Commissioner Suarez: Okay, that's fine. Commissioner Spence -Jones: I know you've been doing -- Vice Chair Carollo: Second. Commissioner Spence -Jones: -- a lot of work with them. Chair Gort: Okay, it's been moved by Commissioner Spence -Jones -- Commissioner Suarez: I'm the treasurer -- Chair Gort: -- second by -- Commissioner Suarez: -- of that organization. Chair Gort: -- Vice Chairman Carollo. All in favor, state it by saying "aye. " The Commission (Collectively): Aye. City ofMiami Page 136 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Chair Gort: By the way, I'd like to clarify some information that came out. The -- any time we participate in any of the luncheons or dinners and all that, we pay for ourselves, okay. The City does not pay for it. Okay, next. Commissioner Spence -Jones: Miami -Dade County Tourist, I'm doing -- is -- that's the one I'm sitting on? Vice Chair Carollo: Yes. Commissioner Spence -Jones: Okay. And then Miami River Commission, who's sitting on that? Commissioner Suarez: I'm not on that one. Vice Chair Carollo: I'm on the Miami River Commission. Commissioner Spence -Jones: You are? Vice Chair Carollo: Yes. Commissioner Sarnoff. I'll move -- Commissioner Spence -Jones: So move -- Commissioner Sarnoff. -- Commissioner Carollo as the Miami -Dade River Commission -- the Miami River Commission, sorry. Chair Gort: Okay. It's been moved by -- Commissioner Suarez: Second. Chair Gort: -- Commissioner Sarnoff. Is there a second? Commissioner Suarez: Yes, second. Chair Gort: Second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. Chair Gort: That's it. Vice Chair Carollo: BC. 22. Commissioner Spence -Jones: We are finished with the agenda? Vice Chair Carollo: Oh. Commissioner Sarnoff. That's it, right? Vice Chair Carollo: Yep. Ms. Thompson: You have D -- City ofMiami Page 137 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 DI.1 11-00877 Department of Finance M.1 11-00857 Honorable Mayor Tomas Regalado Chair Gort: That's it. END OF BOARDS AND COMMITTEES DISCUSSION ITEM DISCUSSION ITEM QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT EXPENDITURES FOR THE 4TH QUARTER OF FISCAL YEAR 2011. 11-00877 Summary Form.pdf DISCUSSED Priscilla A. Thompson (City Clerk): You had Discussion Item 1. Chair Gort: You got -- Vice Chair Carollo: DI.1. Chair Gort: -- DI.1. Diana Gomez: Diana Gomez, Finance director. DI.1. is required by the City's financial integrity ordinance to provide a quarterly update of non -reimbursable grant expenditures. This update is for the period ended September 30, 2011, which is the fourth quarter of fiscal year 2011. For that period, there were no amounts reported as non -reimbursable grant expenditures. Commissioner Sarnoff. She leaves with a clean slate. Chair Gort: Thank you. Any questions? Thank you, ma'am. Commissioner Sarnoff. Enjoy City Beautiful. Chair Gort: Yeah. 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; City ofMiami Page 138 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo Chair Gort: Yes, Mr. Mayor. Mayor Tomas Regalado: Good morning, Mr. Chairman and Commissioners. I am on behalf of the Administration bringing on first reading an ordinance of the Miami City Commission amending Chapter 10 of the code of the City ofMiami entitled Buildings,'by creating Article 5 entitled Code Relief Program. "And this is sort of an amnesty, but actually it isn't, but it's important because what this ordinance does -- and I'm sure that all ofyou have been breach -- brief on this -- is to make people comply. The main issue of code enforcement is compliance, not punishment, andl guess that we all agree on that. So we have found for the several month [sic] that we have doing -- been doing research that there are many, many small code violations that are holding up -- for instance, the title to properties with unpermitted construction is often consider defective and makes transfer to future owners more complicated. It could be a fence. It could be a carport. So what this ordinance is offering is a two-year window for the people to come in and comply, not -- it is not mean to legalize what is illegal. It -- this ordinance will allow people to come in and mitigate some of the fines that they have accrued. So I think it's a good thing because it would take a load out of Code Enforcement. It would bring revenues for the people that want to comply within the code and within the existing code when these constructions were done before 2002, and there's several components. So I don't want to go through, but I know that you all have been briefed on it. I think it's a good thing for the City. It sunsets in two years, and the mitigation is something that is important, especially for the people that have fines accrued and don't have the means to comply because they don't have the money to do it. So what we're looking is to try to bring people into code. There's a lot of people that are trying to buy houses and are finding, you know, that the title will not be released because there is a lien back to '99 because of a fence or because of a carport. And what it does is that Building Department and Code Enforcement will work with this property owners -- and this is residential. This is not commercial. This is residential. And they will comply according to the code that was in place, so they don't have to go through Miami 21 and all that. So I ask you to consider this in first reading, and then we can bring it back in a month or so to do any tweaks if you all want to do it. Commissioner Spence -Jones: Mr. -- Chair Gort: Thank you, sir. Commissioner Spence -Jones: I just had a question. First, I want to applaud you on the effort because this is -- definitely we get a lot of complaints in our office about this exact issue. The only thing that I would just want to add -- I know that we just got it -- maybe like a couple days ago I just got it, and there's like one or two things that I want to add to the ordinance ifI can, based upon some of the stuff that we're -- Mayor Regalado: Absolutely. Commissioner Spence -Jones: -- you know, encountering. And know that you're only dealing on the residential side of it, but I'm also getting a lot of it -- because I do have a lot of multi families in my district that also have similar issues. City ofMiami Page 139 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Mayor Regalado: Right. Commissioner Spence -Jones: So my only suggestion is that -- I don't know if you want to pass it on the first reading and then we can add to it. Mayor Regalado: Right. Commissioner Spence -Jones: I don't have a problem with it. Mayor Regalado: And Commissioner, that's exactly what I'm asking because -- I mean, two weeks ago we sent a draft to your office and you all have been brief by the Building Department. Actually, let me tell you that the Realtors Association of South Florida is very, very interested in this ordinance because it will free a lot of titles that are hold up and people -- and we think that this will move the real estate market in the City ofMiami. And yes, you're right. There was -- there were some issues, Commissioner, about commercial -- Commissioner Spence -Jones: Yeah. Mayor Regalado: -- but we wanted to do residential. We can add something. Let me tell you, there are at least 4,000 cases, minimal, minimal things, you know, minutia, like a fence or something, and these are problems that people will be able to solve. Commissioner Suarez: Move it. Chair Gort: Okay. It's been moved by Commissioner Suarez. Is there a second? Commissioner Spence -Jones: Second. Commissioner Suarez: Can I discuss? Chair Gort: Second by Commissioner Spence -Jones. Discussion. Commissioner Suarez: I agree with the Commissioner andl agree with the Mayor. I think it's a very good ordinance. And the purpose of it is to bring people into compliance -- Mayor Regalado: Right. Commissioner Suarez: -- and to do it in a respectful way, in a way that makes it -- because what happens a lot of times -- andl happen to be a real estate attorney -- and by the way, this ordinance is not going to affect any of my clients. It's not going to benefit any of my clients or anything like that. But I just want to put that on the record. Chair Gort: Put it on the record. Commissioner Suarez: But anyhow, the people who actually who have the most kind of tragic situation with this is people who buy a home without knowing, without having done the full inspection or can't afford to do an inspection because a thorough inspection of a home costs between 500 and $750. If the purchase and sale transaction doesn't go through, that's sunk -- that's a sunk cost. You never get that money back. So some people do kind of visual inspections of the property, never actually get a professional, and obviously, I would urge them to get a professional to do the inspection. But the real tragedy is, particularly for a lot of young people, they buy the house, they're living in it, they're happy; all of a sudden, they get a code enforcement lien and they're like, what's going on. When they didn't realize they had a bathroom that wasn't done with permits or an extra building structure, et cetera, et cetera. So I know we've all struggled here, since I've been elected, to make our code work and to make us have the ability City ofMiami Page 140 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 under the right circumstances to enforce our code, and so that's always the tension that we're always dealing with as well. But think this is a very thoughtful piece of legislation andl will definitely support it on first andl look forward to whatever amendments will be proffered -- Mayor Regalado: Right. Commissioner Suarez: -- going forward. Mayor Regalado: Andl want to say that this ordinance respects all setbacks. There's no issue with setbacks or anything. It has to be done by code. It just facilitates the people to come in and try to comply and then mitigate to a certain number or whatever. And you'd be surprised, Commissioner. I think we have 4,000 cases, between 4 and 5,000 cases that could be solved with this ordinance. It would take a load off Building and, of course, Code Enforcement. Chair Gort: Thank you, Mr. Mayor. And I suggest -- I know I have a lot of problem within my district, a lot of businesses also, small businesses being affected by this. That's something that would like to look at also. So this will be on first reading. Any further discussion? Priscilla A. Thompson (City Clerk): You need your public hearing. Chair Gort: It's a public hearing. Anyone would like to address this issue? Does anyone like to address this? Close the public hearings [sic]. It's an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Ms. Thompson: Roll call. Commissioner Sarnoff? Commissioner Sarnoff. I'm going to say yes on first reading, Mr. Mayor. I met with Francisco Garcia. I think the vagueness of some of the language, this could have a lot of unintended consequences, but if he can sit down with me and demonstrate that those unintended consequences won't be met at the next, you know -- Mayor Regalado: Right. Commissioner Sarnoff. -- vote, I'll certainly vote for it. For right now, I understand the intent behind your ordinance, so I will vote yes. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Thompson: Chair Gort? Chair Gort: Yes. Ms. Thompson: The ordinance has been passed on first reading, 4-0. Chair Gort: Thank you. Mayor Regalado: Thank you. City ofMiami Page 141 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 D4.1 11-00872 Chair Gort: Guys, come back at 3? Thank you. We recess until 3 o'clock. END OF CITYWIDE ITEMS DISTRICT 1 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 DISCUSSION ITEM DISCUSSION REGARDING THE SELECTION OF THE POLICE CHIEF. 11-00872 Email - Selection of the Police Chief.pdf DISCUSSED Chair Gort: That's it? Commissioner Suarez: I have two. Chair Gort: Yes, sir. Commissioner Suarez: Thank you, Mr. Chairman. The first discussion item is regarding the selection of the permanent police chief or the new police chief or however you want to describe it. As everyone here knows, our police chief is if not the most, one of the most important positions in our City government, and we have discussed -- I think Commissioner Spence -Jones at the last meeting brought up a pocket item discussing the selection of that chief, and so I simply wanted to hear what the Manager's thoughts were on where he was in his procedure, where he was headed, and all other items that could be related to that decision. Johnny Martinez (City Manager): Commissioner, I agree with you. It's an extremely important position, and we're searching for an extremely qualified chief that can lead the troops and has at least experience in patrol, administration, and been part of a command staff investigations. We're also looking for a chief that can connect with our diverse communities and also be sensitive to their needs and be able to speak to the communities, you know, one on one and be City ofMiami Page 142 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 visible and have a dialogue with the communities. We need a chief that can earn the respect of our troops and keep them unified. The process that I'm proposing in order to pick that chief is a blend of the comments that heard at the Commission plus the rules that are in place that govern how the process works. And what I'm proposing, if the Commission approves, is basically a two -tiered system, where the tier one would be the Chief Loftus, andl'm going to appoint Chief Kemp as a representative of ours to be on that committee because our Office of Emergency Management works very closely with police and Chief Kemp is a straight shooter. He's not going to be influenced by anybody. He's going to call it like he sees it. And in my opinion, he's a good choice andl'm putting him on that committee. Chief Loftus was speaking about getting someone from the State Attorney's office and someone else to aid him. Having said that, we're also going to have each Commissioner recommend, if they choose to, to have a representative from the community to be part of what I'm calling a tier two review process. What would be asking or charging the Loftus committee, for lack of a better term, is to take the 70 applications that we have -- some are existing police chiefs, some are former police chiefs, and they come from all over the country -- and narrow it down with his committee to ten. Then invite the community representatives as a tier two committee to interview those ten applicants and be able to ask questions either themselves or through the other committee members and for the committee members to evaluate their responses to the questions, how they are going to meet the community needs and that type of thing. At that point, the Loftus committee would narrow it down, listen to all the dialogue and things that take place during the interview, narrow it down to five and recommend to the Administration five police officers which we will -- I will interview myself and make a recommendation to this board to appoint that person. And that's the process that would like to follow. Commissioner Suarez: Madam Attorney, have you reviewed that process? Have you had an opportunity to review that process? Julie O. Bru (City Attorney): I think that -- I think you meant that -- I have. He has explained to me that it was the will of at least one member of this Commission that there be some kind of input from a community representative, andl think what he's proposing, you know, the first -- what he's calling a first tier committee will be the one that he's delegating his authority to narrow the pool of applicants, and that's appropriate. That'll be a committee that will operate in the sunshine since they have some kind of decision -making authority. And then what he's suggesting is that after the pool of applicants is narrowed down, there would be a second tier committee that could be representative of community members as appointed by this board, should you choose to have somebody in that committee. So it could be up to five members. And then both committees, the first tier and the second tier, would be engaged in discussing, hearing from the pool of applicants that was narrowed. And at the end of that discussion period, then his committee, the committee that he delegated the authority to narrow down, would give him five candidates from which he will select -- not this board -- the chief of police. Chair Gort: So you are saying 70, 10, 5. Mr. Martinez: Exactly. Commissioner Suarez: Mr. Chairman. Chair Gort: Okay. Yes, sir. Commissioner Suarez: I mean, to me it was, first of all, important to hear what his thought process was -- Commissioner Spence -Jones: Yeah. Commissioner Suarez: -- you know, and that's the reason why I wanted to bring up this City ofMiami Page 143 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 discussion item, because I think we all wanted to have a certain amount of comfort because I think we all feel and understand how important that position is in the City ofMiami. We all know very intimately how difficult it is when things do not go right with that position in the City ofMiami. And so, you know, I wanted to make sure that the process that was explained by the Manager was taking into account, for example, experts in the law enforcement field, that he was going to take advice from people who are experts in the law enforcement field, whether they be former police officers, current police chiefs, members of the prosecutorial community, et cetera. Andl think it was also important that -- you know, Commissioner Spence -Jones' concerns about having members of the community participate in the process were also met, and so I just wanted to flush out exactly -- get some definition and get some exactness on what the process was going to look like, and hopefully, get some sort of a timeline. Because I think -- you know, as the Vice Chairman has harped continually on having a strong financial team, which I think is a very good -- obviously, a very good point and a very essential component of having a strong city government, I think our community wants to have some finality to this process so that we can move forward with a stable government that is working in the best interest of the residents of the City ofMiami. Chair Gort: Thank you. Yes, sir. Yes, ma'am. Mr. Martinez: If the Commissioners can submit the name to me so I can -- so that the HR (Human Resources) person can start coordinating this would be -- Commissioner Spence -Jones: I just want to add -- First of all, I thank you for bringing it up. I think it's really important, and I'm thankful to the Manager for being very considerate to, you know, why it was important to keep the process open, andl look forward to you guys at least providing us this just in writing. I definitely want to have it -- 'cause things seem to change so much -- just give us in writing, Ms. Pruitt, exactly what the process would be so we can also make that information available to, you know, our constituents or whoever may have an interest in understanding the process. I think the two-tier approach is great. It gives us an opportunity to, you know, have -- you know, at least our residents and our constituents, whoever we appoint, to at least have a voice in it. There's a few cities that we've done research on already on this. So we know that Los Angeles and we know -- it's like at least four or five other cities have done this whole selection process, after they've had some issues in their city, and think that they've done a great job with what they've done. So I understand that our charter and our code is a little different and I'm fine with that. I think, Johnny, in the end, you should have the ultimate -- make the ultimate decision, butl think it's important to have input by others. So I am more than happy with, you know, what you've come up with and we were able to kind of flush this out. So I mean, I'm fine and prepared to move ahead with it. So only thing would ask is that you do provide it for us in writing. And then I would like to have a sense of what the timeline is, around like when -- I know that we have about, what, seventy something applicants. So are we still accepting more or are we cutting it off at this point? Unidentified Speaker: It's cut off. Commissioner Suarez: Okay, it's cut off. So I don't -- are we looking at this selection committee coming together before the end of the year or the beginning of next year? Mr. Martinez: No, before the end of the year. Commissioner Spence -Jones: Okay, so the selection committee will -- Mr. Martinez: Yeah. As soon as -- Commissioner Spence -Jones: -- come together and -- City ofMiami Page 144 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Mr. Martinez: -- we get -- I get the names that the Commissioners recommend to represent the communities, we'll convey that to the tier one committee so they can start arranging -- looking through the app -- yeah, we're going to be sending them the applications. Commissioner Spence -Jones: I'm cool. Chair Gort: While we're talking about this -- and I'd like to ask if we -- every one of us has sent for the internal audit [sic]. If you all recall, we had to send someone -- appoint someone to be part of that committee. I already sent my nomination. Has everyone sent in their nomination 'cause we also need to select the Auditor General. Commissioner Spence -Jones: I was going to mention that next. Chair Gort: Okay. Commissioner Spence -Jones: So do we need to send -- so we just send the recommendation to you? Mr. Martinez: Just send it to -- Commissioner Spence -Jones: (UNINTET,T IGIBT ,F) 6: 09:17 deadline (UNINTELLIGIBLE). Unidentified Speaker: By tomorrow. Commissioner Spence -Jones: By Friday. All right. Vice Chair Carollo: Mr. -- Commissioner Spence -Jones: And you (UNINTET,TIGIBT,F) 6: 09: 25--? Mr. Martinez: Yes. We're going to give you the process. We'll send you the process. Chair Gort: Yes, sir. Commissioner Spence -Jones: I'm sorry, Madam City Clerk. Vice Chair Carollo: I sent mine to the City Clerk's office, I believe. The staff sent it to the City Clerk's office. Chair Gort: And they'll send it to her. Vice Chair Carollo: Do we need to send it --? Why did we change with that? Why didn't we just, you know, nominate the people like we usually do? You know, usually we just say I nominate so-and-so and -- Chair Gort: I already sent my nomination. They have it already -- Vice Chair Carollo: Yeah. Well, I sent it to -- Chair Gort: -- andl think yours too. Vice Chair Carollo: I believe staff sent it to the City Clerk's office and -- Chair Gort: Do you have everyone's nomination? City ofMiami Page 145 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 D4.2 11-00873 Mr. Martinez: No. Vice Chair Carollo: No. Chair Gort: Okay. Commissioner Spence -Jones: So we have -- Vice Chair Carollo: Okay. Commissioner Spence -Jones: -- until Friday to get it to you. That's fine. Chair Gort: Please. Vice Chair Carollo: To tomorrow. Chair Gort: Okay. Commissioner Spence -Jones: Till tomorrow. Chair Gort: Thank you. Anything else? Commissioner Suarez: Mr. Chairman -- Chair Gort: You have another one? Commissioner Suarez: -- yes. Thank you. Andl think, you know, in addition to the time frame -- andl very much appreciate Commissioner Spence -Jones following up and getting a little bit more definition on the time frame, which is very important because this is a very important decision -- I think we also wanted to make sure that this process was one that was free from any sort of impression that this was anything but a clean and pure process -- Commissioner Spence -Jones: Transparent. Commissioner Suarez: -- transparent, clean, pure and, you know, that the people who are going to be involved in guiding the Manager in this process are the best people to help him in that process. So I want to thank you all for participating in that discussion. DISCUSSION ITEM 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 Commissioner Suarez: The second discussion -- second quick discussion item has to do -- and now I'm the former member of the MPO (Metropolitan Planning Organization), so I'm giving a report here on the MPO, but I'll leave it to Commissioner Spence -Jones to pick up the ball and run with this one. This has to do with the port ofMiami and that there's two contemplated projects for the FEC (Florida East Coast) corridor from Northeast 71 st Street to the port. One of them has to do with passenger service, which is not under construction currently, and the other one has to do with freight service, which is under construction. Regarding the passenger service, the Florida Department of Transportation is currently studying the potential implementation of City ofMiami Page 146 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 passenger service. FDOT (Florida Department of Transportation) has completed phase one and phase two of a study and is prepared to move into phase three, which is the heavy lifting portion of the study. It includes public outreach, development of a construction plan, and negotiations with the FEC. I believe the MPO -- our MPO is the only MPO in this region that has not approved FDOT's plan yet. I'm pretty sure Broward and Palm Beach County have, so phase three will be funded through primarily federal dollars flowing through FDOT and will include about $2 million ofMPO's funding, which has, I think, already been allocated and it was allocated previous to actually my appointment as an MPO member. FDOT will appear before the MPO next Thursday. I think they were hoping that) would be there to help assist them in that process, but now Commissioner Spence -Jones, anything that we can do in our office to help assist you be ready for that -- Commissioner Spence -Jones: Thank you. Commissioner Suarez: -- we will definitely do that. The -- next Thursday's meeting is to answer questions regarding phase three of the study and probably return to the MPO in early 2012 requesting a resolution in support of passenger rail. This will allow FDOT to move forward with phase three of the study. Regarding freight service, the FEC and port ofMiami have obtained a TIGER (Transportation Investment Generating Economic Recovery) grant very recently to reactivate the corridor to transport freight to and from the port. The project is part of a larger project to expand the port ofMiami and dredge the bay to allow new, larger ships to enter the port. I think everybody is pretty familiar with the Governor's commitment to dredge the port to the depth that would allow Post-Panamax ships to be -- to basically come to the port and drop off cargo at the port. The construction of the freightway allows room for a future passenger rail along the same corridor, I think which was part of the whole contemplated plan. The City has applied for the designation of the FEC corridor as a quiet zone. Andl think this is important and maybe be important for the District 2 Commissioner that the City has applied for the designation of the FEC corridor as a quiet zone. Andl think) remember Commissioner Sarnoff discussing that once before. If the FEC is designated as a quiet zone, the FEC will fund safety improvements to three rail crossings on loth Street, 11 th Street, and 14th Street. These improvements will eliminate the need for trains to sound their horns while traversing the rail crossings. The FEC freight service is expected to begin in the summer of 2012, starting with approximately 34 trains per day. So I have this summary, which I can make sure I get to your office, along with some other additional backup information. And again, like I said, to the extent that we can discuss it, as long as we can discuss it, I want to do everything) can to, you know, help guide you in your efforts to represent our City. Thank you. Chair Gort: Thank you. 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 147 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 11-00912 Email -Amending Ticket Surcharge.pdf DISCUSSED Commissioner Spence -Jones: Okay. The second item I had, really fast, was the -- as you know in our last budget -- during our budget hearing, I mentioned the whole issue of ticket surcharges and we're still doing work. Where's Zari? Zari's been doing a great job -- and where's Alice -- have been doing a great job to try to figure out ways that we can help underwrite, you know, additional costs for our festivals, events, and our summer programs for our kids. And when we start looking at the admissions compared to other -- excuse me, the surcharges compared to other cities, venues -- I was trying to get all the city venues, whether or not we owned them or not, but apparently the City Attorney told me we can only focus on ours, but we want to at least -- these surcharges, as you can see, they've been -- they're really low compared to any other city. I'm asking that Zari and I'm asking that Alice get together for the next City Commission meeting to come back with a proposed amount. I think the only additional amount was like $1.50 that we would add to the surcharge. Andl wanted to be clear because I do understand that there were some concerns with some of the venues because apparently the monies that they get from the surcharges, they use for repairs or for maintenance or whatever. This will not affect that. This is any amount above that, of that $1.50. Andl believe when we start looking at numbers like Bayfront's numbers, James L. Knight and the rest, we're close to almost a million dollars in just that, and that's before we add the additional $1.50 on. So that $1.50 would at least give us an opportunity to, again, provide the services to our residents and also to our kids. So I'm asking that the City Commission bring back -- or I'm asking for Zari to bring back at least the legislation or resolution on this issue -- on the ordinance. Alice Bravo (Assistant City Manager/Chief of Infrastructure): And just for -- Chair Gort: Thank you. Yes. Ms. Bravo: -- everyone that doesn't have the existing information in place, maybe, Zari, you can go over what the existing tiered structure is. Zari Watkins (Assistant to the Assistant City Manager/Chief of Infrastructure): Zari Watkins (UNINTELLIGIBLE) 6:18: 20. Currently, Chapter 53 has a tiered ticket surcharge structure. For tickets where the admission is between 1 and 14 -- $1 and $14.99, the current surcharge is 75 cents. For tickets between $15 and 29.99, the current surcharge is $1. And for tickets over $30, the surcharge is $2. So what we would propose is to increase each of those categories by $1.50, and that increment would go towards the fund that was created through the passing of our fiscal year '12 budget that's currently $275, 000, which would go towards community events as dictated by the Commission. Commissioner Spence -Jones: And parades. Ms. Watkins: And parades, correct. Ms. Bravo: And another element of this is that the existing ordinance as it reads applies to City facilities that are seated facilities as well as parks and civic centers. We would also create a modification to include public right-of-ways [sic]. So if there's an instance where there's an event that requires -- Ms. Watkins: A ticketed event. Ms. Bravo: -- a street closure and tickets are sold for that, we would also be able to add the surcharge to that. Chair Gort: Right. So that would be an expansion, the ticketed events in the public right-of-way that would be charged. City ofMiami Page 148 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Ms. Watkins: Correct. Chair Gort: Good. Okay. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: First of all, I want to start by saying or asking, rather, what venues would this be ticketed? I know we mentioned James L. Knight, we mentioned Bayfront. Are there any Commissioner Spence -Jones: It's all -- every City venue that we have that we charge a surcharge on now, we will now just have one flat rate. It won't be 50 cents for this person. It won't be 75 cents. It's one flat rate. Vice Chair Carollo: So for everything that we charge -- Ms. Bravo: And right -- Vice Chair Carollo: -- including like -- you know, 'cause I -- you know, the Bayfront, I understand it -- and we have to get into that because with like Live Nation, there's a set amount already that we can't increase that by contract or so forth. Andl would want Mr. Schmand to speak with regards to that. But then in every event, like for instance, what comes to mind, the Grove festival -- Commissioner Spence -Jones: The Renaissance event at Virginia Key. Vice Chair Carollo: The Renaissance -- okay, so that's another one. Commissioner Spence -Jones: That's ticketed. Vice Chair Carollo: The Grove festival, everything where we charge, we're going to have an ex Commissioner Spence -Jones: We're going to have a flat rate. It's not going to go higher and lower. Ms. Bravo: Right. The existing ordinance exempts the Manuel Artime. Ms. Watkins: Correct. Ms. Bravo: So that -- Commissioner Sarnoff. Exempts what? Ms. Bravo: -- one venue -- Commissioner Spence -Jones: Manuel Artime. Ms. Bravo: -- would not be affected by this. Commissioner Spence -Jones: It doesn't include the Artime. City ofMiami Page 149 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Vice Chair Carollo: So the only venue that we charge for -- that will not be included is the Manuel Artime? Ms. Bravo: Correct. Vice Chair Carollo: But every festival that we have that we would charge -- Ms. Watkins: Where a ticket is provided for admission, we would increase the surcharge. Commissioner Spence -Jones: Andl definitely want to see the Live Nation contract 'cause that was something thatl worked on when I got here and worked back and forth with Bayfront. And if there was an issue or concern about that, I really wish this would have been addressed before we had this meeting 'cause everybody knew that this was something that was working on. Vice Chair Carollo: Well, this is a discussion item. It's not like we're voting on -- Commissioner Spence -Jones: No. That's not -- but that's not the issue. It was on the agenda and we've been talking about this for the last two Commission meetings. And I'm not necessarily talking about you, but if there's any staff that has an issue or concern about it, then it should have been brought up prior to this so we could have addressed it with Zari and with Alice. That's all I'm -- not necessarily about you. I'm just saying if there's a staff issue. Vice Chair Carollo: Okay. I could tell you right now that, yes, I would want the executive director from Bayfront Park to come up and speak with regards to that 'cause from the budget hearing, which is when I believe I first heard it, to now, I've discussed it with Mr. Schmand and we've, you know, looked at, you know, what impact could this have on Bayfront Park. And at the same time, I'm also looking at -- listen, right now, as it is right now, yes, we're okay. We have our events. However, those events are starting to get shorter and smaller and why? Because we're building the museums exactly where we would have these events, so these events are either going to have to go to another venue or we're going to have to get creative. So I'm just bringing it up. And like I said, from when you first have mentioned this to now, I had spoken to Mr. Schmand about it, and it's a discussion item and l felt this was the right time to mention it. Commissioner Spence -Jones: Right. Vice Chair Carollo: It's not necessarily with staff that I've had this discussion with. Commissioner Spence -Jones: No, I'm not necessarily talking about you and I'm not talking about this staff. I'm just saying if this issue came up, we talked about it in the budget and we know that the idea was to try to find additional monies for parades that we all have in our district so that this is not money comingfrom us. Vice Chair Carollo: I understand. Commissioner Spence -Jones: We talked about the idea of this additional monies that we would be adding on, would be money that we would not be paying for, so this is what we would be charging the additional surcharge, and our numbers are lower than any other venue when we start looking across state of Florida and other areas. So we're going from, you know, Stone Age to at least what is minimum. And guess what? Every single person that buys a ticket, if they buy it online, they're paying an extra $2 for -- just to even buy it online. So if a person wants to go to a concert -- and Live Nation and all of them know that -- if they want to go to a concert, they don't have a problem with paying the extra $2 if that's a part of the fee. That's what it is. So -- and most of these people coming to these concerts are comingfrom somewhere else. They're not even our residents. City ofMiami Page 150 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Chair Gort: Okay. Yes, sir. Tim Schmand: Tim Schmand, Bayfront Park, 301 North Biscayne Boulevard, Miami, Florida. And I'm from the government and I'm here to help. So, you know, I have had communications with City staff about the surcharge in Bayfront Park outlining what the up end of the revenue would be if the surcharge was increased a buck, and I've also mentioned to them the -- Live Nation, that they're exempt from any increases in the ticket surcharge pursuant to the contract that we signed two years ago. Andl think that the goal here is not -- while one of the tactics is going to be to raise the surcharge, I think the goal is get to a $500, 000 amount that the City can have in its coffers to use to do special events. And no one in the City better than me understands the importance of special events and how much they cost to do. So in Bayfront Park we spend an awful lot of time identifying underperforming resources and try and shift them to an asset allocation where more money is generated, so my staff andl have been sitting around talking about ways that we could identify additional funds for the City to increase the amount of money available to do special events. We spend $200, 000 a year on New Year's Eve and the 4th of July, so we know what it costs to do a show. I have a couple ideas that are only half baked. And when they're fully baked, I'd like to discuss them with City staff and the Commissioner's office so that we can get to that $500, 000 in a way that is not painful for anybody, but just gets us there, so that's where I am on it. Chair Gort: Well, my understanding, you're saying is you have a contract that you signed two years ago that you cannot -- I mean, you have a contract you signed for. You got to follow it, but you're willing to come up with ideas where you can subsidize what that contract will bring. Mr. Schmand: I think that there are a ton of opportunities for the City, through -- Chair Gort: Right. Mr. Schmand: -- existing events, to increase the revenue to the City for this particular reason. Chair Gort: Okay, thank you. Any further discussion? Commissioner Spence -Jones: I have no discussion. I would like for you, Zari and Madam City Manager sitting in the chair now, to please get with Tim Schmand if there's any other issues, but ifI do have the support from the Commissioners, I would definitely like you guys to come back with those things in mind, with the new resolution or ordinance that's going to increase the overall revenue so that we can continue to provide the services to our residents. Ms. Watkins: Just for clarification, Commissioner. We discussed two structures. We discussed increasing it with the tiered structure or just having a flat fee across the board for all ticket prices. Commissioner Spence -Jones: Right. We said in our meeting in the office, we said it would be just a flat fee across -- Ms. Watkins: Flat, okay. Commissioner Spence -Jones: -- the -- Ms. Watkins: That's fine. Commissioner Spence -Jones: And anything that the venues are already making, we don't want to take anything away from them -- Ms. Watkins: Correct. City ofMiami Page 151 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 D5.2 11-00913 NON AGENDA ITEMS NA.1 11-00969 Department of Employee Relations Commissioner Spence -Jones: -- 'cause I understand that they need their monies, but anything above that is what we would want to have go into the special revenue account for any of our festivals, our street events, or our summer programs, which we're already losing money on. Chair Gort: Okay. Any further discussion? DISCUSSION ITEM 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 Commissioner Spence -Jones: The only part -- only closeout I had was -- it was in reference to the lots in Liberty City and economic development -- the lots in Liberty City and the economic development portion of this. But I want to be able to do with my fellow Commissioners -- I'm actually asking the overall community -based organizations and those that have been working on it to kind of give me an idea of what plan they already have in place that want to bring back to you guys because we really -- I have several lots in my district that got to get something moving on. They have -- it has been entirely too long, andl was hoping that at least something would have gotten done on those lots, so I really want to make sure that when I come back, at least you know that I'm creating an overall plan for those vacant lots 'cause I want to go ahead and just get them out so that we can get, you know, proposals back in on them so that we can make a decision about what we're going to do with them. Chair Gort: We got to put people to work. Commissioner Spence -Jones: Yes. 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-Agenda Summary Form.pdf 11-00969-Copy Of Legislation.pdf 11-00969-Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0413 City ofMiami Page 152 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 ratin, the Fraternal Order ofPolice collective bargaining agreement with the City, the ratification between the City ofMiami and the Fraternal Order ofPolice. 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 stipulates in the contract that if the FOP (Fraternal Order ofPolice) 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 andl 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' nillions 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? Andl 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. City ofMiami Page 153 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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? 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 ifI 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 -- andl want ver -- 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 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 City ofMiami Page 154 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 ofMiami. Mr. Ellis: Yeah. That -- 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, 7 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. City ofMiami Page 155 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 verin, so, you know, the $2 million concession does end up being a $2 million concession and a little further in the year it's 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 clam that, if you want. Commissioner Spence -Jones: Okay, if you can clam it, then -- Chair Gort: Yes, sir. Commissioner Spence -Jones: -- I'll yield to you. Mr. Aguilar: Armando Aguilar, president ofMiami 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 City ofMiami Page 156 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 ver '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 -- 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. City ofMiami Page 157 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 ofMiami 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 ifI 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 -- Chair Gort: I believe that's the one things we requested this year when we put our budget together, to be very, very conservative. Andl 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 City ofMiami Page 158 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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? Johnny Martinez (City Manager): It's a pocket item to ratift 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 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. City ofMiami Page 159 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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. Andl 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 thatl 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 andl 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 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 andl 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. City ofMiami Page 160 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 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 161 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Commissioner Spence -Jones: And we've asked -- andl -- 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: Andl 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. [Later..] Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I think we can continue, and if we could start with ratification or at least hearing about the FOP Health Trust. Chair Gort: Oh, okay. We're here. Yes. Vice Chair Carollo: Mr. Manager. Chair Gort: Who's going to be --? Mr. Cabrera: Okay. Mr. Ellis: Calvin Ellis, director of Risk Management. City ofMiami Page 162 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Vice Chair Carollo: We're waiting to listen to -- with regards to the possibility of dipping below the $2.3 million of their fund balance and having to pay them. Also, I think, you know, in light of looking at now audited financial statements from their year ended 2010, it seems like they have a $900, 000 over their $5 million and that money should be coming back to the City not in January, but I think it should be for this budget year and maybe the Budget director could speak towards that. But I don't know how you're going to address all this, but if we could address that now. Mr. Ellis: Yeah, correct. They have -- the reserves right now stand at 5.9 million. So I believe that additional amount beyond 5 million should be applied to -- Vice Chair Carollo: I'm sorry, Mr. Ellis -- Mr. -- Calvin. It's not right now. They had this amount as of July 31, 2010. Mr. Ellis: That's correct. Vice Chair Carollo: And it's 5,900,718, so 900,718 should be coming back to the City, andl would ask that it comes back in this budget year. And maybe the Finance -- I'm sorry, the Budget director could address that. Daniel Alfonso: Danny Alfonso, Budget director, City ofMiami. That is correct. When looking at the audited financial statements, it shows that they have a little over $900, 000 in excess of the 5 million. The way the contract with FOP is written, it says that if there is an excess, that excess should be applied towards reducing the following year required contribution. Since we have a required contribution of $9.2 million in the coming year -- if this contract is ratified -- we shall reduce that contribution by the excess. Therefore, we shall have that excess in our budget. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: So in essence, we're going to have a savings, so to speak, about 9 -- of $900, 000, correct? Mr. Alfonso: That is correct. Vice Chair Carollo: And again, when we budgeted now -- I know we just passed our budget, but now when we place it in our budget, can that be in a reserve account within the department? Mr. Alfonso: That is correct. Vice Chair Carollo: Okay. Chair Gort: My understanding is part of the transaction was the $2 million -- we were going to place $2 million less. Mr. Alfonso: Yes. The approved -- Chair Gort: Contribution is going to be minus $2 million plus the $900, 000. Vice Chair Carollo: Exactly. Mr. Alfonso: That is correct, Chair -- Commissioner. Chair Gort: Okay. That $900, 000 is going to go into an escrow account that'll be used -- City ofMiami Page 163 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Mr. Alfonso: For right now because the budget is adopted as is, that $900, 000 would be a savings within the Police Department operating budget. We will set that money aside within that budget and not allow it to be spent. Chair Gort: Okay. Thank you. Vice Chair Carollo: In other words, we're going to place it within the department as a reserve account so that at the end of the year if that money does not need to be used, it could go back to our fund balance. But in essence, it is an additional savings of $900, 000. So that's the first part. Now my second part of the question is as far as statements that were made here and so forth with regards to if they start with a fund balance of $5 million, what are the chances that they dip below the $2, 350, 000 where then the City would have to pay any amount to reach that fund balance amount again? So if you could address that. Mr. Ellis: Yeah. In analyzing the FOP Health Trust claims experience, it fluctuates widely on a month -to -month basis as much as between, say, 800,000 to $2.1 million. So in looking at it on a rolling 12 basis, I mean, we come up with some conservative estimates. And in looking at the overall claims expenses and administrative expenses, you know, we're anticipating an amount probably in the range of between 17 and $20 million in claims and administrative expenses. Given the City's participation, contributions, and the participants' contributions, which they have approximately 1,800 members currently, that amount should be sufficient to prevent the minimum level threshold being penetrated. In other words, there will be an amount in excess of the $2.35 million reserved providing they stay within a certain range in terms of their overall claims experience. I mean, it is possible that -- Chair Gort: Let me ask you a question. Mr. Ellis: Sure. Chair Gort: Their participation and the money by the City, what's the total? Mr. Ellis: I'm sorry? Chair Gort: What's the total of funds that you receive from the contribution from the members of the pension or the members of the plan and the City? Mr. Ellis: For the City -- Chair Gort: The 1,800 members of the plan, how much do they put a year? Mr. Ellis: It's -- well, it's 35 -- Chair Gort: Total amount. Mr. Ellis: -- percent. But I don't have the exact amount of the -- Chair Gort: Total amount. Mr. Ellis: -- contribution. Chair Gort: And the City puts in how much? Mr. Ellis: Approximately $10.9 million a year. Chair Gort: Ten point nine million and they -- Do you have the information? City ofMiami Page 164 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Mr. Ellis: So it'd probably be in excess of four -- Chair Gort: The contribution from the members, how much is it? Mr. Cabrera: The members contribute, Commissioner, 35 percent. Chair Gort: I understand. Mr. Cabrera: And the -- Chair Gort: Thirty-five. How much is the total of 35 percent -- Mr. Cabrera: -- 65 percent -- Chair Gort: -- of 1,800 people? Mr. Cabrera: Right. And we -- and the other party contributes 65. Chair Gort: That's not answering my question. My question is what is the total that's being provided between the City and the members of the plan? Mr. Ellis: For the past fiscal year, it was $6.4 million. Chair Gort: So the -- it's about $6 million that will be placed for this program, right? Mr. Ellis: Correct. Chair Gort: Okay. Thank you. That answered my question. Any other questions? Vice Chair Carollo: I just want to confirm what he's saying and put it in layman's term. Mr. Ellis: Okay. Vice Chair Carollo: Do you foresee their fund balance going below $2, 350, 000, causing the City to have to pay into that fund balance at the end of the next fiscal year? Mr. Ellis: In comparing it to the -- Vice Chair Carollo: Or at the end of their fiscal year, I'm sorry. Mr. Ellis: Yeah. But in comparing it to their historical performance, I mean, they performed quite well. So it may be that they have an exceedingly good year. So, no, we -- I don't anticipate that we're going to be going below the $2.35 million reserve minimum. Vice Chair Carollo: And just to confirm the answer 'cause I know you stated before. But when you looked at the numbers before, you were looking at two months or three months as compared to a history of 12 months, correct? Mr. Ellis: Right. Currently, we're six months into their plan year, but I subtract the last two months just because we don't have all the data available in terms of -- you know, there are certain claims that have been incurred but haven't been reported. So looking at the data prior to that, we have four months of data to trend out the rest of the year. So it's highly volative. Commissioner Suarez: Mr. Chairman. City ofMiami Page 165 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Chair Gort: Yes. Commissioner Suarez: I move to ratift the contract. And just want you to understand thatl think what you're -- the answers that you're giving us are your best guesses on the basis of the information that you've seen. Mr. Ellis: Correct. Commissioner Suarez: And you know -- 'cause you can't -- you don't have a crystal ball so you don't know if it's going to be a better -than -average year, a worse -than -average year. I think you're giving us, on the basis of the Vice Chairman's prodding, your best kind of guess as to what's going to happen next year. So I just wanted you to put that on the record because, you know -- Mr. Ellis: Correct. Like I mentioned, the claims experience is highly volatile. If you take a look at the last two years -- I mean, claims costs were down 32 percent for the FOP Health Trust last year, but then the prior year, it was up 34 percent, so there's wide, wide fluctuations. Even on a month -to -month basis, I mean, we see 50 to 75 percent fluctuation in some cases. Vice Chair Carollo: Second for discussion. Chair Gort: It's been moved by Commissioner Suarez, second by Vice Chairman Carollo for discussion. Vice Chair Carollo: Thank you, Mr. Chairman. And although I agree that you can't calculate specifics, the truth of the matter is that, you know, when you do financial analysis and so forth, maybe use actuaries and stuff we -- you know, I truly feel we should be better prepared. Starting with there was $900, 000 that -- you know, in savings that we're going to assume now that before this conversation we didn't take into consideration. So I understand it's his best guesstimate, but you know, when you analyze risk, you know, there's -- there are financial data you take into consideration and you don't do it in the last minute and so forth. But with what he's saying, with the statements that he's made, you know, I'm more comfortable, not to mention the $900, 000 from the last fiscal year that we're going to obtain where it gives us more of a cushion, so I'm okay with that. I have one more question, if possible. Chair Gort: Yes, sir. Vice Chair Carollo: I received an e-mail (electronic) this -- early this morning from a constituent, a resident regarding a question with the contract. I actually forwarded it to the City Attorney, andl would ask the City Attorney if you could, you know, mention the question and what you see and if we're okay. Ms. Bru: Thank you, Commissioner. You did forward to me an e-mail, and the gist of it is is it's a constituent that's alarmed at the potential significant liability that this contract represents to the City. And to quote from this constituent's e-mail, he -- or she. I don't know. I can't tell what it is. It says, "The FOP only" -- well, it says that -- I just want to summarize this. That it is the -- the opinion of this constituent is that the FOP only had the right to be re -- the imposition that occurred in September of 2010, according to this constituent, gives the FOP the right to be -- the benefits be restored only through the time that an impasse hearing is concluded. And this constituent is concerned that the language in this contract now enlarges the time where the restoration of benefits would occur because there is language in this contract -- andl will now get to the, you know, nitty-gritty. The contract that is before you memorializes the agreement of the parties, which is what's called the reservation of rights. And this is the language. It's on page -- I don't see a page here, but it's 18.20. So it's 18.20, paragraph 18.20. And it talks about City ofMiami Page 166 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 the parties understand that during calendar year 2010 the City imposed terms and conditions of employment related to wages. If any court, PERC (Public Employees Relations Commission), or arbitrator rules that those changes or any portion of them have been illegally or improperly imposed or are otherwise not valid, those matters or portions of matters which have been illegally or improperly imposed will revert to what they were at the moment before they were imposed and will become the terms of this agreement. This is a reservation of rights, you know. They're saying that if a court, an arbitrator, or PERC says that what we did back in 2010 was unlawful, the terms of this contract now would be modified to reflect what it was prior to September 2010. So in my opinion, it doesn't put you in any different posture than what you would be without this contract because that is the rights that they have under the law which they're pursuing. Furthermore, the contract does recognize that if that were to happen but the modification of the terms were to be stayed by the court, they would be stayed, so it recognizes that they would be stayed. And then they also want the parties to acknowledge that by entering into this contract, they are not -- the City is not going to raise that they've waived their rights to seek that remedy. So I think that at the end of the day it puts them in no different position than what they are without this contract. That's my opinion. Chair Gort: Thank you. Vice Chair Carollo: Thank you, Madam City Attorney. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. Chair Gort: Thank you all. NA.2 RESOLUTION 11-00939 District2- A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO Commissioner Marc SECTION 62-521(B) (4) AND (5), OF THE CODE OF THE CITY OF MIAMI, David Sarnoff FLORIDA, AS AMENDED, WAIVING THE TEMPORARY EVENTTWO (2) EVENT LIMITATION PER PROPERTY AND THE TWO (2) WEEK 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 Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0414 Chair Gort: Okay. I think Mayor Regalado made his ordinance. DI (District 1), I don't have any. D2 (District 2). Commissioner Sarnoff. I do, sir. Chair Gort: Yes. Commissioner Sarnoff. Two easy ones. I need to waive the temporary event limitation for St. Stephens Episcopal Church Christmas Tree Sale from November 14, 2011 to December 25, 2011. City ofMiami Page 167 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 NA.3 11-00970 They are located at 2750 McFarlane Road. What I am doing, gentlemen and madam, is waiving the two -event limitations that we have in the code. Commissioner Suarez: Second. Chair Gort: Okay, it's been moved by Commissioner Sarnoff, second by Commissioner Suarez. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO Commissioner Marc SECTION 62-521(B) (4) AND (5), OF THE CODE OF THE CITY OF MIAMI, David Sarnoff FLORIDA, AS AMENDED, WAIVING THE TEMPORARY EVENTTWO (2) EVENT LIMITATION PER PROPERTY AND THE TWO (2) WEEK 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 NA.4 11-00989 Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0415 Commissioner Sarnoff.. Okay, second is an equal waiver for event limitation for Bayshore Evangelical Lutheran Christmas tree church sale, from November 18, 2011 through December 25, 2011. They are located at 5051 Biscayne Boulevard. Again, this is a waiver of the two -event limitation. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Suarez. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. DISCUSSION ITEM 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. Commissioner Sarnoff.. All right. The next discussion is probably of a more serious note, and it has to do with the hiring practices and where we are in the City ofMiami for police officers. I City ofMiami Page 168 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 think somebody from my office, or I hope, has handed out, I believe our notice of compliance with the very famous consent decrees that we've heard about and now I have copies of and now everybody else does concerning the City ofMiami practices with regard to hiring of police officers. I'm not going to get into very detail, Madam City Attorney, but all I'm doing is reading from your most recent submission. It's dated September 2011. I think it was served in the past -- yeah, September 7, 2011. And what we're having is -- I don't want to blow this out of proportion, but I don't want to be -- I want to be the canary in the cave. We are down 90 police officers, and we are going to be down further than that. You should know that 90 police officers, that is a patrol problem for the City ofMiami. And if this consent decree continues to be an impediment to the City ofMiami simply putting manpower on the streets, this is something the City has to address. I was going to read, Madam City Attorney, your submission, which is really the ER (Employee Relations) director's submission, page 3, andl was going to point out how we have continued to submit to the various reporting agencies, which would include Department of Justice, which would include now Judge Patricia Seitz. My point in this whole exercise is that we presently have 15 candidates that are ready to be hired, or is my understanding. Being down 90 people -- I'm not rooting for this to happen, but it may very well happen that the County will be letting go of a number of police officers this November 1, andl know it's a very logical thing for the City ofMiami to want to hire them. But for some reason, we don't seem to have the ability either in our communications or our coordination with Department of Justice and the federal court in determining whether we can hire these folks. I'm not suggesting you need to declare an emergency, but I am suggesting that you might want to consider getting responses so that you can start making hiring decisions that will simply put bodies on the street. This is budgeted for. This Commission wants to have police officers on the street, but I have yet to see us implement a hiring practice, I think since Chief Exposito was hired. I don't think a police officer's been hired. I could be wrong, but I remember asking him where he was in the process, and that was the famous our wall was two foot shorter than the County wall and there was an impediment that we couldn't use their training facility for approving of testing. I'm merely bringing this to everybody's attention. I learned a great deal in this process. I learned the existence of a true Department of Justice consent decree. You could see there's a 1977 consent decree. You could see it was modified in 1999. I even learned that I thought quotas were no longer allowed, but apparently in this context, they actually are somewhat allowed, and I'd be glad to share the memorandum that enlightened me today on this. I'm not going to get into quotas or anything like that. I simply want manpower -- I think you do, too -- on the streets. Andl think there's got to be a logical way for this chief for this ER director, for Madam City Attorney, for Mr. Manager, to put bodies on the street. And I'm bringing it to your attention. I will bring this back next Commission meeting andl will bring it back the following Commission meeting until somebody does something to get police officers hired. Chair Gort: My understanding is we had new 15 hires, a matter of fact, had not been paid yet because they had some problems with the paperwork. Manuel Orosa (Interim Chief): Manny Orosa, Miami Police Department. Let me start by saying that the County is about to lay off 90. We have, as of October 11, 71 vacancies. Out of the 71, 58 are for police officers. The rest is the promotional type of issues. Your question, Commissioner, we have 16 -- Chair Gort: Didn't we just bring on board 15 -- 16? Interim Chief Orosa: -- we had 13 and then added three more, for a total of 16 that are in the pipeline. And yes, there's an issue of getting them paid and hopefully it will be resolved by tomorrow. Chair Gort: Okay. Vice Chair Carollo: Mr. Chairman. City ofMiami Page 169 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Chair Gort: But they're on board already, right? Interim Chief Orosa: Excuse me? Chair Gort: They're on board already? They already -- Interim Chief Orosa: Yeah. Chair Gort: Okay. Interim Chief Orosa: They're in the academy. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, Vice -- Vice Chair Carollo: Out of those -- and I'm sorry, I'm not sure what's the number, 78 vacancies or -- Interim Chief Orosa: Seventy-one. Vice Chair Carollo: -- 71, how many officers are in an academy or are in the pipeline to be hired? Interim Chief Orosa: To be hired? Vice Chair Carollo: Yes. Interim Chief Orosa: Right now we have to create another certified list. Right now we don't have anybody in the pipeline, other than the 16. Vice Chair Carollo: Other than the 16. Interim Chief Orosa: Correct. Vice Chair Carollo: But -- so then the 78 minus the 16, whatever it is, the 50-some positions, couldn't we see if any officers are laid off in the County, maybe acquiring those officers so it's -- we don't have to worry about the police academy and the training, their experience. Is it possible? And don't want to put the cart before the horse because there hasn't been any layoffs in the County. However -- Interim Chief Orosa: Correct. Vice Chair Carollo: -- we all have heard the news. And should there be, is there already a plan in process to, you know, maybe seek those officers? Interim Chief Orosa: Should there be layoffs, what I would like to do is try to hire as many qualified candidates that would fit our needs -- Vice Chair Carollo: Exactly. Interim Chief Orosa: -- as soon as possible. Vice Chair Carollo: Right, and that's, I think, where I was heading with that. City ofMiami Page 170 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Interim Chief Orosa: Correct. Vice Chair Carollo: If there's layoffs in other departments -- and we've heard about the County, the possibility -- Interim Chief Orosa: Correct. Vice Chair Carollo: -- then I think we should definitely seek those police officers because we don't have to train them. They're experienced. They don't have to go through the police academy, whether the wall is whatever feet or -- you know. So the bottom line is, I just want to make sure that there is a plan so we could start acquiring officers and putting them on the street. Interim Chief Orosa: My concern is that I would like to hire as many as possible that are -- that fits our needs. Vice Chair Carollo: Right. Interim Chief Orosa: Whether there is a plan or not, I will defer to ER and we can go from there. Vice Chair Carollo: Okay. Chair Gort: Well, let me ask you a question. I think you should work very closely with ER -- Interim Chief Orosa: Yes. Chair Gort: -- and make sure that there's no stop in the process. Whatever we can do to expedite the process, I think it's very important. Interim Chief Orosa: Commissioner, Assistant City Manager Cabrera is on board andl also brought Junior, that he is our sergeant in basically backgrounds, and he works hand in hand with ER and he is becoming an expert on ER and the way we hire and promote, so he is our main person. That's why I have him here today. Chair Gort: Okay. Thank you. Commissioner Sarnoff.. Chief what's the length of -- I apologize -- Chair Gort: Go ahead. Commissioner Sarnoff.. -- time it takes for you to communicate the status of an intended hire to DOJ (Department of Justice) and their response? Interim Chief Orosa: Intended hire? Commissioner Sarnoff.. Yeah. I imagine you go with them with a list, here's 20 people, and guess you have all of their backgrounds. How long does it take the Department ofJustice or Patricia Seitz or whoever has to agree to it, how long does it take for them to say this is an acceptable hire? Interim Chief Orosa: Well, the communications between Department of Justice is basically with ER. We don't -- Commissioner Sarnoff.. I got that. City ofMiami Page 171 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Interim Chief Orosa: -- have any communications with them. So basically, when ER knows, hopefully DOJ knows. Commissioner Sarnoff. So what's the lag time, Madam ER? Beverly Pruitt: Beverly Pruitt, director of Human Resources. We notify DOJ We proceed as we do accordingly with our rules and guidance here at the City. We don't wait to hear from them about the list. We -- Commissioner Sarnoff. So you don't need to get an acceptance from them? Ms. Pruitt: No, sir. We notify them of our process and where we are in each step of the process. Chair Gort: So in your steps on hiring individual, you follow the guidelines that have given to you by the Department -- Ms. Pruitt: Yes. Through the -- Chair Gort: -- by the Justice Department? Ms. Pruitt: -- Civil Service rules related to the establishment of the registers and -- Chair Gort: Right. Ms. Pruitt: -- who's eligible for the position, we follow those rules once the Department has notified us that they wish to fill the positions with their requisitions. Chair Gort: Okay. Commissioner Sarnoff. You -- you mind? Chair Gort: Yes, sir. Commissioner Sarnoff. You've done this 37 times, according to what I've been able -- this is your 37th report to the Department of Justice. Have they ever kicked back or rejected any of your reports? Ms. Pruitt: Since I've been HR (Human Resources) director, I have not had them to -- they have replied with questions and clarification, but not a negative or a no -you -cannot -proceed type of response. Commissioner Sarnoff. Okay, thank you. Chair Gort: Thank you. Any --? Commissioner Sarnoff. No. I just want to point it out to everybody andl think it's something we need to monitor and keep close because I know we all go to community meetings and when the cops look cross-eyed, you know, they're either doing it with overtime or they're Band Aiding this. Andl think you all know the magic number is -- it's either 60 or something where it becomes problematic. We're close. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. City ofMiami Page 172 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Vice Chair Carollo: Commissioner Sarnoff, no. I'm actually very glad that you brought it up. I agree with you. As a matter of fact, it's not just community meetings, you know. I'm getting residents, constituents calling me with regards to the crime issue that I've addressed with the Manager and the new Chief and we're working very closely in order to see what can be done and so forth. But yes, it's extremely important to put, you know, these new hires. And I'm seeing, you know, maybe some of the time that it would take for, you know, police academy, background checks and all that, even though we still have to do our due diligence, I mean, could be really cut off significant amount of time by, you know, hiring someone from another police department and looking at their history and seeing how they've been in those departments so -- Luis Cabrera: Commissioner, I think -- Assistant City Manager Luis Cabrera. Chief Orosa contacted us about two weeks ago and informed us that the County may be laying off officers. We immediately identified measures in order for us to recruit for certified officers and we're in the process of doing so. Dr. Pruitt, along with her staff has been working with the police department so we canmove the process forward. Additionally, to answer some of the questions, I believe the concerns in the past were the obstacle courses and other issues that arise. We have overcome those issues and we have now moved forward with them. As I was -- we just informed you, we hired 13 officers, plus 3, will be 16 certified officers, so the process is now beginning to move forward. Commissioner Sarnoff.. I'm sorry. Those are certified officers, so they're not going through an academy. Mr. Cabrera: No, sir. Vice Chair Carollo: Exactly. Commissioner Sarnoff.. Okay. Vice Chair Carollo: That's my point. Commissioner Sarnoff.. Yeah. Commissioner Spence -Jones: Okay. Andl just have a question on this issue. I want to make sure everyone's finished. Chair Gort: Yes. Commissioner Spence -Jones: Okay. I do have some concerns. I'm glad that Commissioner Sarnoff did bring this up as an issue and as a matter of fact provided us with, you know, a copy of this DOJ document. I think, however, the conversation really was more about when are we going to get down to hiring, andl think that definitely we need to make sure that happens 'cause we all realize that we need more officers on the streets. But in reference to this document, the -- really, the discussion was around the selection devices on how they're getting selected. Andl think that according to-- you know, again, I -- you know, I only read through some of it, Commissioner Sarnoff. Commissioner Sarnoff.. Pretty thick. Commissioner Spence -Jones: It's pretty thick. But I think that the main issues were centered around the strategies in which you will hire individuals. Andl think that when it -- 'cause part of this whole D -- to my understanding, this whole DOJ document was centered around what the courts ruled in 1999, andl believe, to my understanding, we remedied some of the issues, but there were clearly some other positions that still needed to be addressed, and that's what created the ongoing problem. So I want to make sure, because when we say certified police officers, City ofMiami Page 173 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 which I agree that we need to have them, and basic recruit officers, for me, for our particular district and women especially, both, I know that this is a challenge or has been a challenge because when we're hiring certified officers, sometimes diversity is not necessarily in that. So when you -- when we pull up a document like this, which is very powerful, and we know that -- clearly that DOJ has had some issues with us regarding this, I would want to hear from the Chief to get some clarity on what is the strategy to address it so that the diversity that DOJ was speaking of is actually happening. So that would be my question. And then my next question on that, beyond that would be -- I know that the County has a certain percentage that they have to meet. I believe it's 27 percent actually there. I would want to know either from Beverly or from the Chief what percentage are we at when it comes to us meeting what DOJ says we need to -- what level percentage -- I think we're at 17 percent and we should be at 22. So I'm saying -- I'm only saying this because I think it's extremely important that we also meet those milestones in the process of making that happen. So can you just give me an update on the strategy, Chief on are we at least making sure from a DOJ perspective that we're doing a little bit of both? Interim Chief Orosa: We have two lists. We have certified and we have noncertified. Noncertified is the group of people that we put in through the police academy. Commissioner Spence -Jones: Yes. Interim Chief Orosa: And basically, my main concern is to follow the principles of DOJ, and basically, my wish is to mirror the community, basically. Commissioner Spence -Jones: Okay. Interim Chief Orosa: Our workforce should mirror the community. And having said that, at times we fall below the 22 percent, but for example, on this recruit class of 16, 30 -- we hit the 30 percent mark, and that is my goal moving forward to ensure that we mirror our community. Commissioner Spence -Jones: Okay, and that's -- so we're definitely going to make sure that we have half and half, right? Interim Chief Orosa: Yes. Yes, ma'am. Commissioner Spence -Jones: 'Cause that's what this -- honest, to me, that's what this DOJ item is about. It's really not about how quickly you hire officers 'cause we need to get them hired. It's really about whether or not we're meeting what we've been mandated to do, correct? Interim Chief Orosa: Correct. Commissioner Spence -Jones: All right. Interim Chief Orosa: Because if not, we'd be back in the same boat -- Chair Gort: Right. Interim Chief Orosa: -- a few years from now with another consent decree -- Commissioner Spence -Jones: Exactly. Interim Chief Orosa: -- so we might as well -- Commissioner Spence -Jones: And we don't want that. Interim Chief Orosa: -- keep our practices. City ofMiami Page 174 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Chair Gort: Now let me ask a question. My understanding is a lot of the people now have to pay for the academy? Interim Chief Orosa: Correct. Well, no. The people that pay for the academy is basically the people that want to pay their own way, and that's why we built the building there but -- Chair Gort: But once they get through with it, they're certified? Interim Chief Orosa: Yes. Chair Gort: Okay. Interim Chief Orosa: And they have to come and apply, like anybody else. Chair Gort: Do we have "X" amount of students at this time at the academy? Do we know? Interim Chief Orosa: Of the -- of going through our -- Chair Gort: Going through the academy, yeah. Interim Chief Orosa: A hundred and sixty five. Chair Gort: And that course is for how long? Armando Aguilar: I'm sorry? Chair Gort: The course, how long does it take to be --? Mr. Aguilar: Armando Aguilar, sergeant, Miami Police Department. The course is a six-month course, sir. Chair Gort: Six month, okay. Mr. Aguilar: Yes, sir. Chair Gort: Thank you. Any further questions? Yes, sir. Anthony Hatten: Hello. Anthony Hatten, union president, Local 1907. We have a shortage of also 911 operators. We're missing about 32 as of right now. We have okayed 14, okay, and they're in the process now, but I'd like to open it up to get, you know, the 32 that we need. Right now they're thinking of going alpha bravo, which is 12-hour shifts. Chair Gort: Well, 911 is very important. I mean, that's an emergency. That's -- what's the process? Interim Chief Orosa: Manny Orosa, Miami Police Department. Yes, Mr. Hatten's absolutely right. We've had a decrease in the amount of operators, and right now they're working on overtime and it's basically the same issue. We need to get them on board. We have shortages. We have, like he said, 32, I believe, and we -- I have been okay to hire 14, and we're moving forward with the hiring process of the 14. Chair Gort: Now this is special training individuals. They have to go -- Interim Chief Orosa: Correct. City ofMiami Page 175 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Chair Gort: -- through a process. Interim Chief Orosa: And it's difficult to get a good group that passes all the training. It's similar to the hiring practices of a police officer, not necessarily in the background, but the actual training itself, it's a difficult process to get from the beginning to the end, and there's a lot of people that don't make it. That is part of the issue. The other part of the issue is that we've had retirements and we have people that have decided to go elsewhere to work for other agencies. Chair Gort: Okay. But that's very important because I've been up there in that room and that's -- it can get very difficult up there. Interim Chief Orosa: Yes, sir. Chair Gort: Okay. Mr. Hatten: But -- Vice Chair Carollo: Mr. Chairman. Mr. Hatten: I'm sorry. Chair Gort: Yes, sir. Vice Chair Carollo: I'd like to see if the Chief could elaborate a little bit more on what we're doing to hire. And not only that -- andl know we've had turnovers and we're starting to see it more and more, having turnovers all over the City, so -- Interim Chief Orosa: Correct. Vice Chair Carollo: -- you know, I'll leave it at that with -- as far as the turnovers. However, what are we doing? Do we have like a plan in place to hire more? I understand the 14, but seeking in the future for retirements and so forth, because let's say these 14 come in. I don't know if any other personnel is going to retire. I would think if they're working alpha bravo right now -- Interim Chief Orosa: No, not yet, sir. Vice Chair Carollo: Okay. You're going to burn them out. Interim Chief Orosa: Correct. Vice Chair Carollo: And that's one of the first line of defense, you know, the dispatcher. So I'm really concerned 'cause it's an extremely important position andl don't want to burn out the ones that we have there. So how are we addressing it and how --? Andl understand with the 14, but want to look beyond that. And first of all, as far as the 14, are you looking at maybe some type of date when they're going to be starting? Interim Chief Orosa: We're in the hiring process, so it's a little bit off. Vice Chair Carollo: And when you're saying the hiring process, does that mean that they are not certified yet? They still have to go through the academy, for lack of better terminology? Interim Chief Orosa: For training, one-on-one training. City ofMiami Page 176 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Vice Chair Carollo: And how long is that training? It's over a year, correct, or --? Interim Chief Orosa: Well, the training is for about four to five months, and then they go solo, and then they stay probation for a while, working with another dispatcher for almost about a year, yes. Mr. Hatten: Probation's 18 months. Interim Chief Orosa: Right. The six months when they begin, and then the year they have to work hand in hand with a regular certified dispatcher. Vice Chair Carollo: But at least -- even though they're on probation, they're operating already. They're -- it's -- Interim Chief Orosa: Right. Vice Chair Carollo: -- additional bodies that are helping out and we don 't have to go to an alpha bravo shift -- Interim Chief Orosa: Correct. Vice Chair Carollo: -- which is crazy. Interim Chief Orosa: And Commissioner, the only reason I'm contemplating the alpha bravo at this point is because since they're working so many hours and working overtime to cover the shortages, a way of eliminating overtime and a way of eliminating the amount of hours they're working is going to an alpha bravo. So I'm basically taking a look at it. Andl think if we do that, it may be to the benefit of everybody, including the dispatchers, but I still haven't made a decision on that. Vice Chair Carollo: The thing with that, Chief -- if I may, Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: The thing -- what I'm seeing with that is every day you have four hours of overtime. Now that aside, every day for every employee that you have in alpha bravo, you have four hours of overtime. Now that aside, I'm really concerned that these individuals are going to get burned out. Interim Chief Orosa: Well, yeah. The burnout is the issue. The overtime, no, because once we go -- it won't be an alpha bravo. It'll be a 12-hour shift. And we would compensate at the backend of the week where they don't come to work. They will still be working the 40-hour day [sic]. But that's still something that we haven't -- we're visiting it, but we haven't implemented anything. And of course, it'll be with the consent of Mr. Hatten there. Mr. Hatten: Just so the Commission knows, we had four people in the DROP (Deferred Retirement Option Plan) and because of the shortages, they got burned out and they walked -- they dropped. They were in their DROP and they walked out. Commissioner Suarez: They left before their DROP expired. Vice Chair Carollo: And -- right. And that's my point. That's what I'm con -- Mr. Hatten: And we got more that are at the edge and -- City ofMiami Page 177 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Vice Chair Carollo: And that's what I'm concerned about. Chair Gort: So what are you suggesting? Mr. Hatten: I'm suggesting HR, we got to get moving on this. They didn't do a background check, from what I understand, on 16 of them that they're thinking of doing --thinking of hiring. I think they should -- they got a hundred and something -- they have a hundred -- because of the cost of the background checks. So they got a hundred and something applicants off an old roster, so I'd like them to go do the background checks first off. Chair Gort: In other words, we have individuals that are ready to be hired once they go through the background check. Mr. Hatten: Yeah, they picked 16. And from what I understand, they got to go through background check now, which I think they should have -- Chair Gort: Okay. Mr. Hatten: -- did that first -- Chair Gort: Okay. Mr. Hatten: -- before they picked the 16. Chair Gort: Okay. Interim Chief Orosa: One last thing. There is no cost to the background. We do our own backgrounds so -- Chair Gort: Right. That's what I thought. Interim Chief Orosa: Correct. Chair Gort: Okay. Somehow I'm glad this is taking place because this is teamwork. I think we -- all of us have to get together and work out -- we have a problem, we got to find a solution. Interim Chief Orosa: And like I said earlier, Mr. Hatten is -- I agree that we should get the 32, but 14's a good number to start. And as soon as we get them on board, then I will be more than happy to request the rest, the balance of the rest so that we can start. Chair Gort: I thought it was 16. Oh, 16 is the police officers; 14's the -- Interim Chief Orosa: No. Sixteen police officers -- Chair Gort: -- 911. Interim Chief Orosa: Correct. Chair Gort: Okay. Well, let's get together on this and let's try to expedite, and any rock in the middle, let's move it. Commissioner Spence -Jones: But -- Chair Gort: Yes, ma'am. City ofMiami Page 178 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Commissioner Spence -Jones: So are you saying that they do the background checks after they hire? Chair Gort: No, no. They do the background check before -- Commissioner Spence -Jones: No, I know. They do. Chair Gort: -- they have to before. Commissioner Spence -Jones: But he's -- Mr. Hatten: Okay. I had the understanding they picked 16. Now they got to do background checks on them. Commissioner Spence -Jones: Oh, so they just selected them. Mr. Hatten: But I figured that -- Commissioner Spence -Jones: Not hired. Mr. Hatten: -- you know, background check the hundred and something to move this along because, like I said, they got 18 months probation and -- Chair Gort: Okay. Mr. Hatten: -- something -- a lot of things happen in 18 months -- Chair Gort: What he's suggesting -- Mr. Hatten: -- because of the high-pressure job. Chair Gort: I got you. What he's suggesting -- I think all three of you need to get together and he's saying, look, you're doing the background check on the 16, but it's at least a hundred more out there somewhere that you could start doing the background check and bringing on board later, but at least you'll have that taken care of. That's what I think am hearing, okay. Interim Chief Orosa: Correct. Vice Chair Carollo: Mr. -- Chair Gort: Thank you. Yes, sir. Vice Chair Carollo: Mr. Chairman, just to end in this. If -- I think this is extremely important, just like the police issue. If -- Commissioner Sarnoff, if you could bring it up as your discussion item for next Commission meeting again. If not, I will. But I think we, as a Commission, need to follow it up. Chair Gort: I'd like to do a little better. Next Commission meeting, I'd like to have a report of your meetings, what you have accomplished, okay? Interim Chief Orosa: Perfect. Mr. Hatten: Perfect. City ofMiami Page 179 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 Chair Gort: Thank you. Mr. Hatten: Thank you very much for your time. Chair Gort: Thank you. What else? Commissioner Sarnoff. No more surprises. NA.5 RESOLUTION 11-00972 Districts- A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE Commissioner HOURS OF SALE FOR ALCOHOLIC BEVERAGES FOR CONSUMPTION ON Michelle THE PREMISES OF CHURCHILL'S LEMON CITY OASIS, LOCATED AT 5501 Spence -Jones 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 GENERAL/HOURS DURING WHICH SALES ALLOWED; SUNDAY SALES." 11-00972-Submittal-Draft Copy Of Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0416 Chair Gort: Anything else? Anyone else? Any other items? Commissioner Spence -Jones: I think have D5 (District 5). Chair Gort: Yeah, you have two. That's right, District 5. Commissioner Spence -Jones: I just have a -- should l just deal with my pocket items real fast? Chair Gort: Yes. Commissioner Spence -Jones: Okay. The first one was -- I'm sure you guys know about the Churchill's rugby tournament, the extended hours. I have a resolution here. Madam City Attorney, do I just pass it out or --? Julie O. Bru (City Attorney): Why don't you just read the title into the record. Commissioner Spence -Jones: Okay. City ofMiami legislation, resolution. A resolution of the Miami City Commission extended the hours of sale for alcoholic beverages for consumption on the premises of Churchill's Lemon City Oasis, located at 5501 Northeast 2ndAvenue, Miami, Florida, to accommodate the Rugby -- you guys got to go -- World Cup on October 15, 2001 [sic] from 3 a.m. to 6 a.m., on October 16 from 3 a.m. to 6 a.m., October 21 from 3 a.m. to 6 a.m., and October 23 from 3 a.m. to 6 a.m. So this is something apparently we do every year? Yeah. So I just wanted to make sure I had support on this pocket item. Everyone has a copy of it already. City ofMiami Page 180 Printed on 11/10/2011 City Commission Meeting Minutes October 13, 2011 ADJOURNMENT Chair Gort: Okay. There's a motion by Commissioner Spence -Jones. Is there a second? Commissioner Suarez: Second. Chair Gort: Second for discussion. Any discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. Chair Gort: Yes. Okay. Do I have a motion to adjourn? Vice Chair Carollo: So move. Commissioner Spence -Jones: Second. Chair Gort: Thank you. City ofMiami Page 181 Printed on 11/10/2011