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HomeMy WebLinkAboutCC 2011-11-17 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Di • -sash. I° r • IN O9P I9 1i: Meeting Minutes Thursday, November 17, 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 November 17, 2011 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM -APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS 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 City ofMiami Page 2 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 9:00 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 11-01067 PRESENTATION Honoree Presenter Protocol Item Susan G. Komen Mayor Regalado Certificates of Breast Cancer Appreciation Awareness Event Cyndy Hill Commissioner Sarnoff Certificates of Eileen Seitz Commendation Coconut Grove Children's Mosaic Mural The Dellutri XMAS Commissioner Spence -Jones Certificates of Foundation Appreciation St. John Clinic & Medical Center Kathy Cottle Commissioner Spence -Jones Retirement Certificate 11-01067 Protocol Item.pdf PRESENTED Chair Gort: At this time, we'll have some presentations. Presentations made. 1) Mayor Regalado recognized Mayor Hiroyuki Mori, and the student delegation from Kagoshima, Japan, one of the most active cities in the City of Miami's Sister Cities Program, and thanked them for their visit. 2) Mayor Regalado presented Certificates of Appreciation to various City ofMiami employees, honoring their civic responsibility and commitment to the City ofMiami in support of good health and medical research through their outstanding service to the 2011 Susan G. Komen Breast Cancer Awareness event held on Saturday, October 15, 2011. 3) Commissioner Sarnoff presented Special Certificates of Commendation to Cyndy Hill and Eileen Seitz, honoring their civic responsibility and wonderful commitment to our City in support of cultural enrichment through their outstanding service in creation of the Coconut Grove Children's Mosaic Mural. 4) Commissioner Spence -Jones paid tribute to Dellutri's Christmas Foundation, honoring its contributions in support of lifting the spirits and hearts of our children during the holiday season; further honoring their devoted service and long lasting commitment to creating the Beloved Community. 5) Commissioner Spence -Jones paid tribute to the St. John Clinic and Medical Center whose outstanding professional staff has been steadfast in its leadership and resolve to elevate the quality of life for the people of Wynwood; further recognizing the center as an important community resource for preventive health services and as a beacon of goodwill devoted to neighborhood uplift for the past 29 years. 6) Commissioner Spence -Jones presented a Certificate of Appreciation to Kathy Cottle in City ofMiami Page 3 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 recognition of thirty-two years of work performance and dedication to the City ofMiami; further recognizing her commitment to provide outstanding service to the residents of the City ofMiami as the Park Manager in Roberto Clemente Park. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Spence -Jones On the 17th day of November 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 Regular Commission Meeting was called to order by Chair Gort at 9: 25 a.m., recessed at 12: 35 p.m., reconvened at 3: 07 p.m., recessed at 5: 31 p.m., reconvened at 9: 54 p.m., and adjourned at 10: 39 p.m. Note for the Record: Commissioner Spence -Jones entered the Commission chambers at 9: 45 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Priscilla A. Thompson, City Clerk Chair Gort: Welcome to the City ofMiami Commission meeting of November 17. On the dais with me here is Commissioner Sarnoff, Vice Chairman Frank Carollo, and Commissioner Francis Suarez and myself the Chairman, W fredo "Willy" Gort. Here on the dais also is City Manager Johnny Martinez, City Attorney Chiaro, and City Clerk Priscilla Thompson. At this time, I would like you to stand and we'll have the prayer by Commissioner Francis Suarez and the pledge of allegiance by Commissioner Sarnoff. Invocation and pledge of allegiance delivered. MAYORAL VETOES NO MAYORAL VETOES Chair Gort: Do we have any veto? Priscilla A. Thompson (City Clerk): No. We do not have any mayoral vetoes, Chair. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez Chair Gort: Do we have -- no minutes? Priscilla A. Thompson (City Clerk): Yes. We do have -- Chair Gort: Yes, we do. Ms. Thompson: -- minutes. For your approval, we have the minutes of the regular meeting of October 13, 2011. Chair Gort: Do I have a motion? Commissioner Sarnoff.. So moved. City ofMiami Page 4 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Chair Gort: It's been moved by Commissioner Sarnoff -- Commissioner Spence -Jones: Second. Chair Gort: -- second by Commissioner Spence -Jones. Any further discussion? Vice Chair Carollo: On the minutes? Chair Gort: Yes. 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: Okay, at this time, we'll begin the meeting. Madam Attorney, can you explain the procedures, please? Julie O. Bru (City Attorney): Thankyou, Mr. Chairman. And congratulations to both you and Commissioner Suarez on your reelection. Good morning, members of the Commission, Mr. Mayor, Madam City Clerk, members of the public, Mr. Manager, Chief of Police. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the code section about lobbyists is available in the City Clerk's office. You will also find the material for each item that is on the agenda online or during business hours at the City Clerk's office. Online, you can go to www.miamigov.com. Anyone who wishes to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record. Please, no cell phone or other noise -making devices in the Commission chambers. Anyone who becomes unruly will be banned from attending any Commission meetings in the future. Any person who requires aid with respect to disabilities and requires an auxiliary aid, please see the City Clerk, notify the City Clerk. Mr. Chair, the lunch recess will begin at noon, unless you indicate otherwise. This is also a meeting where there's a Planning & Zoning agenda, which will commence after 2 p.m. Chair Gort: Two o'clock. Thankyou, ma'am. [Later..] Chair Gort: At this time, any items that would like to be pull? Administration? Johnny Martinez (City Manager): CA.2, withdraw; PH.4, withdraw; PH.8, continue to December 15; RE.11, continue to December 15; DI.1, continue to December 15; DI.3, withdraw; andM.2, continue to December 15. Commissioner Spence -Jones: Can you just repeat, please? Chair Gort: Repeat it -- Mr. Martinez: Yes. Chair Gort: -- a little slower, please. Mr. Martinez: Okay. CA.2, withdraw; PH.4, withdraw; PH.8, continue to December 15; RE.11, City ofMiami Page 5 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 continue to December 15; DI1, continue to December 15; DI.3, withdraw; M.2, continue to December 15. Chair Gort: Any of the Commissioners? Commissioner Spence -Jones: Mr. Chairman, I just have one comment. The -- I believe it's SR.8, if I'm not mistaken. Let me make sure I'm saying -- I just wanted to table it until we dealt with the legislative item for state legislation. So I wanted -- (UNINTET,TIGIBT,F) -- Unidentified Speaker: (UNINTET,TIGIBT,F) SR.2? Commissioner Spence -Jones: SR.2. Yeah, the firearm. I just want to table it until after we have Chair Gort: Sure. Commissioner Spence -Jones: -- a discussion on the legislative agenda. Chair Gort: Okay. Commissioner Spence -Jones: Okay. Priscilla A. Thompson (City Clerk): So what you would want to do, Chair, is when that item is called, just go ahead and table it so it won't be part of what we're doing here now, okay. Commissioner Spence -Jones: Okay, no problem. Chair Gort: All right. Ms. Thompson: Thank you. Chair Gort: I would like to have -- Well, CA. 2, you took out. CA.5, I'd like to take it out of the consent agenda and listen to it afterwards. And you said 7 and 8 -- CA.7 and CA. 8 is being deferred for the 15th. Am I correct? Ms. Thompson: No. Chair Gort: Well, I'd like to -- CA. 7 and CA.8, listen afterwards. Commissioner Sarnoff. Mr. Chair, I'd like to pull CA.1 for discussion. Chair Gort: CA.1 for discussion. Ms. Thompson: I'm sorry, Chair. Did you -- what action did you want taken on CA. 7 and 8? Chair Gort: For later. Take it out of the consent agenda. Vice Chair Carollo: He wants to -- Ms. Thompson: Okay. Vice Chair Carollo: -- pull it. Ms. Thompson: It'll be going -- City ofMiami Page 6 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Chair Gort: Pull it. Ms. Thompson: -- to the regular agenda. Chair Gort: Right. Ms. Thompson: Okay, thank you. Chair Gort: And Commissioner Sarnoff would like to do the same with CA.1. Ms. Thompson: Correct. Chair Gort: Okay. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: I'd like to withdraw FR.2. Chair Gort: FR.2? Vice Chair Carollo: Yes. Chair Gort: Withdraw or continue? Vice Chair Carollo: Withdraw. Chair Gort: Okay. Any other one? Madam Clerk, do you have that? Ms. Thompson: Yes, I do. Would you like me to go down the list for you? Chair Gort: Please. Ms. Thompson: Okay. Commissioner Spence -Jones: Yes. Ms. Thompson: According to what we have here, CA.2 is being withdrawn. PH.4 is withdrawn. PH.8 is continued to December 15; RE.11, continued to December 15; DI1, continued to -- Oh, I'm sorry. Vice Chair Carollo: I'm sorry, RE.11? Ms. Thompson: Okay, RE.11 is continued to December 15. DI1 is continued to December 15. DI3 is withdrawn. M.2 is continued to December 15. Chair Gort has asked that CA.5 be pulled to the regular agenda. Then also Chair Gort has asked that CA.7 and CA.8 be pulled and placed on the regular agenda. Commissioner Sarnoff has asked that CA.1 be moved to the regular agenda. And Vice Chair Carollo has asked that FR.2 be withdrawn. Commissioner Suarez: Move. Vice Chair Carollo: Second. Chair Gort: Okay, it's been move and second. Any further discussion? Being none, all in favor, City ofMiami Page 7 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 state it by saying "aye. The Commission (Collectively): Aye. [Later..] Chair Gort: Request was made to have a time certain to listen to the Coconut Grove issues at 5 o'clock. You're welcome to stay, but my understanding, there was a request for a time certain at 5 o'clock to hear the Coconut Grove items. Okay, at this time, we have the CA.7 and CA.8. Ms. Thompson: Good afternoon, ladies and gentlemen. Good afternoon. What we'd like to find out before we start with our agenda, do we have anyone in the audience that would need a Spanish or Creole interpreter? Do we need interpreters? The City Clerk's comments were translated into Spanish and Creole by official interpreters. Ms. Thompson: Thank you. Chair Gort: Thank you. My understanding, I have a request for some of the items for 2 o'clock -- andl think we can take a little recess -- that they want to defer some of the items. Francisco, will that be all right --? Francisco Garcia (Director, Planning): Good afternoon, Mr. Chairman and ladies and gentlemen of the City Commission. We can do that, certainly. Or we could announce those items that we expect will be continued for the benefit of those who may have come and then take the action you've described, which is to close -- open and close again when the P&Z (Planning & Zoning) agenda comes up, whichever is your preference. Chair Gort: My understanding is, we're going to have to close this for a few -- Ms. Bru: No, no. At this time, you could just announce it -- Chair Gort: Okay. Ms. Bru: -- and then the actual action of the continuance -- Chair Gort: We'll take it afterwards, okay. Ms. Bru: Right. Chair Gort: Will you go ahead and announce it? Mr. Garcia: Yes. I'm happy to, sir. The items that the City is the applicant for and therefore we recommend continuance of -- actually, there is one item under that category, that's item PZ.17, which is an amendment to Miami 21 regarding public storage facilities and there are two additional items, which are private applications, which we understand the applicant wants to have continued as well, and those are items -- and I have confirmed that prior to now -- PZ.15 and PZ.16. So items PZ.15, PZ.16 and PZ.17 will all be continued and not heard today. Chair Gort: Okay, thank you. Mr. Garcia: Thank you, sir. [Later..] City ofMiami Page 8 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Chair Gort: We're ready. We got quorum. I have several requests. I have about four different requests. My understanding is the -- Lucia has the PZ.13 and 14 with -- it's an ordinance. But I guess we already change the tape, so what's the wish of this Commission? Vice Chair Carollo: Mr. Chairman. Chair Gort: Lucia would like to have her PZ.13 and PZ.14 heard. My understanding is this has a recommendation of everyone and it should not -- it should be a very short item. Commissioner Spence -Jones: Okay. And -- Chair Gort: I also have a pocket item that's time sensitive from the -- that I have to pass immediately, a resolution for the police grant. So what's the wish of this Commission? Commissioner Spence -Jones: Mr. Chairman. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, ma'am. Yes, sir. Commissioner Spence -Jones: I believe the item that Lucia wants to hear is actually in my district. I think the item that she wants to hear is in my district. Chair Gort: What's the wish of the Commission? Vice Chair Carollo: Mr. Chairman, if we go pass -- Chair Gort: I have a couple of items that to me are very important (UNINTELLIGIBLE) are here, okay. Commissioner Spence -Jones: Okay. Vice Chair Carollo: Mr. Chairman, if we go -- Chair Gort: Yes. Vice Chair Carollo: -- pass 10:15, I could be here 'til tomorrow, whatever time. Chair Gort: No problem. Me too. So we'll go on to 10:15. Now my understanding, if we go back to PZ, you have to change it. Ms. Thompson: That is correct. Right now we're actually recording on the regular agenda. Chair Gort: What's the wish of this Commission? It's in your district? Commissioner Spence -Jones: Mr. Chairman, I really -- Chair Gort: Let's change -- two minutes right away. Ms. Thompson: Thank you. We're going back now to the P&Z agenda. Chair Gort: Right. Ms. Thompson: So we're recessing our regular agenda again -- City ofMiami Page 9 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Chair Gort: Yes. Ms. Thompson: And going back to P&Z. Chair Gort: Yes. Ms. Thompson: Thank you. Vice Chair Carollo: Can we -- since we're already on the regular agenda, can't we just go on with RE.12? Commissioner Spence -Jones: And finish it? Vice Chair Carollo: I'm hoping to finish it, yeah. Commissioner Sarnoff. I don't think Lucia's going to make it past 10:15. Chair Gort: Yeah. Go 'head. Commissioner Spence -Jones: Wait, wait. Chair Gort: Leave it the way it is. Vice Chair Carollo: Hey -- Chair Gort: Let's go to regular agenda and they can wait. Vice Chair Carollo: -- that's what I was told earlier. I -- Chair Gort: If we can wait, they can wait. Come on, go ahead. Commissioner Spence -Jones: Mr. Chairman. Chair Gort: Yes, ma'am. Commissioner Spence -Jones: On the Lucia item -- Chair Gort: Yes. Commissioner Spence -Jones: -- and thought I was kind of clear with the Administration, at least before we got here, I was continuing the item. Chair Gort: Okay. Commissioner Spence -Jones: That's what I asked for. Lucia Dougherty: Okay, no one told us about it, so I -- Chair Gort: Okay. Commissioner Spence -Jones: Where is the --? Chair Gort: Well, you were here anyway. You had to stay here till now. Ms. Dougherty: No, but my client's been sitting here all day. So no one ever told us that you City ofMiami Page 10 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 were intending to continue it so. Commissioner Spence -Jones: (UNINTET,T IGIBT ,F) I wasn't dealing with this today andl was clear; I wasn't going to deal with this. I told them I wasn't going to deal with this. Ms. Dougherty: Very well. We'll be back. Thankyou. Commissioner Spence -Jones: Thankyou. Chair Gort: Okay, just leave it. [Later..] Ms. Thompson: Now, before we close off I just need some direction from you, please, Chair and Commissioners. You still have items remaining on your agenda. You have all your board appointments. You have your DI (Discussion Item) discussion for your monthly budget. You have the Mayor's items. You have your items. So just -- are we going to just continue the rest of the agenda? Chair Gort: Continue the rest of the agenda. Vice Chair Carollo: So moved. Chair Gort: It's been moved and been second. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Thompson: No. Who was the seconder? Commissioner Sarnoff. I heard Suarez. He second it. Ms. Thompson: Thank you. Commissioner Sarnoff. Either that or it was a yawn; I couldn't tell which. Chair Gort: Okay. Ms. Thompson: Now you're going to adjourn the meeting, correct? Chair Gort: Move to adjourn. Vice Chair Carollo: So move. Commissioner Sarnoff. Second. All in favor, "aye. " The Commission (Collectively): Aye. City ofMiami Page 11 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 CONSENT AGENDA CA.1 RESOLUTION 11-00816 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney PAYMENT OF ATTORNEYS FEES AND COSTS, IN THE AMOUNT OF $41,790.77, TO ALEJANDRO VILARELLO, AS REIMBURSEMENT FOR LEGAL FEES FOR SUCCESSFULLY DEFENDING A COMPLAINT FILED BY THE FLORIDA BAR UNDER CASE NO. 2006-71,064(11N); ALLOCATING FUNDS FROM THE NON DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0.0. 11-00816 Memo - Office of the City Attorney.pdf 11-00816 Memo - Financial Signoff.pdf 11-00816 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0457 A motion was made by Commissioner Suarez, seconded by Vice Chair Carollo, and was passed unanimously, to move CA. 1 from the Consent Agenda to the Regular Agenda for discussion. Chair Gort: Okay. CA.1. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff. CA.1 apparently is an authorization giving the City ofMiami -- asking the City ofMiami for reimbursement of $41,790.77 to former City Attorney Alejandro Vlarello for his defense of a complaint lodged by the Florida Bar. This is an interesting policy decision that this political body's going to have to address, and that is, I think unlike one of us being sued, this is one of our own disciplinary organizations, two of us sitting up here of the Florida Bar, one of us sitting up here of the certified public accountants. If we were to do something that called into question that they asked us to respond and us hiring an attorney to represent us, whether it is appropriate for us to get reimbursed from the City ofMiami when it's theoretically within the course and scope of our duties as being Commissioners or even the City Attorney in the course and scope of her duties being the City Attorney. This is something that should be, you know, to me, logically debated. It's something that should be brought out and not just put on a consent agenda because there's -- I always say to people, you never want to lose your ticket. You don't want to lose your CPA (Certified Public Accountant) license. Commissioner Suarez doesn't want to lose his Florida Bar license. Commissioner Suarez: That's for sure. Commissioner Sarnoff. You worked very, very hard for those and certainly that's its own governance. I see it as a little bit different and distinct of let's say, an ethics violation because an ethics violation really is a violation -- or an ethics charge, I should say, is a charge brought about oftentimes by citizens who file complaints against you and you're left to defend a case for City ofMiami Page 12 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 what you did during your duties in office. It's a little bit different. One of our governance -- when we are governed by the Florida Bar -- and who does the CPA? The -- Vice Chair Carollo: Board of Accountancy. Commissioner Sarnoff. -- Board of Accountancy. When they come to you and say look, you performed an action and you've pushed the envelope too far, we just have to take a policy statement, which is do we want to be protected -- look, you do tough things up here, you take tough positions and we have to ask ourselves do we want as a -- because after this particular request will come another request and that will come from I believe Charles Mays. And you have to ask yourself is this the policy we want to set that the City ofMiami will reimburse reasonable attorney's fees in the defense, not of an ethics complaint because I think that's easier -- I think that's an easier issue to deal with. So taking it one step further, do we want to reimburse when one of our own governing agencies, which would be the Florida Bar or the CPA's, turn around and say, you know what, Commissioner, or Madam City Attorney or anyone else on the financial team and they say I think you pushed the envelope too far and we're going to bring you before the governing agency and we're going to put you through a process. Now, Mr. Vilarello was exonerated of the charge, but remember, the charge had a probable cause finding, which means in order for that to proceed -- Julie O. Bru (City Attorney): The Florida Bar found no probable cause. Commissioner Sarnoff. This was a no probable cause? Ms. Bru: That's why he was exonerated. There was an investigation, but ultimately the Florida Bar -- Commissioner Sarnoff. Isn't there a threshold? Ms. Bru: Well, there's an investigation. There was -- an investigation was started as a result of an order that was entered in circuit court where there was language that seemed to allude to a collusion amongst the attorneys representing the parties. But ultimately, the official finding of the Florida Bar, that there was no probable cause to bring charges. Commissioner Sarnoff. Okay, I -- then I'm actually a little mistaken then 'cause I thought there was a preliminary finding. Am I wrong on that? There was no -- Ms. Bru: There was a preliminary finding by the investigation committee or their grievance committee or whatever that there was sufficient grounds to investigate and they investigated. But ultimately, the finding was no probable cause to bring charges as opposed to HankAdorno, where there was probable cause to bring charges. Charges were brought. Ultimately, Hank litigated all the way up to the Supreme Court who found that he should be disbarred for three years. Commissioner Sarnoff. Okay. So being corrected at least factually -- andl think it is a distinction with a difference so I -- and I apologize to Mr. Vilarello. I didn't meant to suggest that -- I just thought there was a preliminary finding, but here we go. This is the debate. It's three of us sitting up here that could someday face the same dilemma. I can see doing it andl can see not doing it as well, so I put that before my fellow colleagues. Commissioner Suarez: Mr. Chairman. Chair Gort: Let -- Yes, go ahead. Commissioner Suarez: Thank you. I've struggled with these myself andl think everybody here City ofMiami Page 13 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 knows that. It's a tough -- it's a very, very, very tough thing, particularly -- this context is a little bit different than some of the other ones that we've had to deal with, but it's something that I've been kind of a stickler for in terms of pushing the debate on this issue. And, you know, even though I've expressed my reservations pretty much every single time we've done it and have studied these issues in very, very severe depth, ultimately I've always kind of exceeded and sometimes I've been criticized for it. I've been criticized on radio actually on a couple of occasions for approving payments like these. So I mean, I'm in pretty much the same boat as you, Commissioner Sarnoff I can go either way with this. I will -- I'll say something that the Vice Chairman says sometimes. I will respect the will of the Commission on this issue, and it's kind of a -- as much as I moaned about these payments, I've ultimately always voted in favor of them. So, you know, being consistent -- consistency would dictate thatl vote in favor of it. IfI want to make a principle stand on this particular one and say, you know, well, this one is different for "X, " "Y, " and "Z" reason, you know, I don't know how strong that argument is. But again, I will respect whatever my colleagues want to do on this issue andl kind of learned my lesson. Chair Gort: The question is -- and I'm not an attorney -- was this brought up because -- while performing for the City ofMiami? Ms. Bru: Let me just give you -- As your City Attorney -- Chair Gort: Right. Ms. Bru: -- my duty is to give you the best advice based on research of what the case law is. The issue of reimbursement of attorney's fees to employees and public officials is one that has been well established in our common law in Florida. There are two statutes that have -- that are in addition to the common law that provides for specific requirements and conditions. One statute is the one that deals with law enforcement officers. That comes up a lot and we utilize that statute to deal with requests for reimbursements from law enforcement officers. There's another statute that deals simply with civil actions for public officials and employees who defend against civil actions, and then there is the common law. The reason why I put this before you is because my best legal advice to you is that based on case law and based on the interpretation by the Supreme Court of Florida of that well established common law and case law, public officials and employees are entitled to be reimbursed for costs that they incur in defending against damages arising from the performance of their public duty -- In the case ofMr. V larello, it is unequivocal that he was performing his public duty. He has to defend the City -- and for a public purpose. So -- and he was doing it obviously for a public purpose. He was defending a lawsuit. It wasn't anything individual to him, anything particularly outside the course and scope of his employment. The Supreme Court case that I rely on has expanded the concept so that it's not just limited to a defense of a civil lawsuit. It has expanded the concept to include things such as administrative proceedings. We have case law that deals with ethics complaint against public and elected officials. So did I find a case on point where a City Attorney was seeking fees for having to defend against a Florida Bar investigation? No, I did not. But I have to tell you that I strongly believe that the same principle that governs the reason why we reimburse police officers, general service employees or elected officials and that is is that if you're a public servant and you're expected to perform your duties vigorously -- and Commissioner Sarnoff, you're always encouraging my litigators to be really aggressive and just go out there and push the envelope. That's what you always encourage us to do. So if you want us to be that kind of litigators, you know, take no prisoner kind of litigators, then we have to feel comfortable that if we're called upon by the Florida Bar to defend against a complaint, that we will be reimbursed and we should be treated no differently than anybody else in the City. Chair Gort: Thank you, ma'am. Ms. Bru: Otherwise, you will chill that ability to be that kind of no take -- you know, take no City ofMiami Page 14 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 prisoners kind of litigator. Chair Gort: Thank you. Any further discussion? Commissioner Sarnoff. Yeah. Just two things. Any reason -- I noticed that the last fee bill was issued December 2008. Any reason it took three years to get here? Ms. Bru: You have to ask the Florida Bar 'cause he was dragged through three years of investigation on this. Commissioner Sarnoff. No, no, no, but what I'm saying to you is the last bill that was submitted to Mr. V larello is dated December 2008. Ms. Bru: Oh, why he took so long in presenting this? I don't know, Commissioner. I don't know. Chair Gort: My question is -- my understanding is you're presenting this to us to vote in favor of it because you have done your research, you have done your work and you believe this is the right thing to do. This will not set a precedent -- and, like I said, I'm not an Attorney but I'm asking a question. This will not set a precedent that will take place constantly because this is something that's been investigated by your department, you have looked at it and you have recommended it. Am I correct? Ms. Bru: Andl have to say that Commissioner Sarnoff is right, you know. I think because we've never had to deal with an attorney coming to you, this will be now, you know, yet another decision that is made that is a policy -setting decision and, yes, I have to -- in full disclosure, there probably will be other attorneys coming because this investigation also involved, you know, former assistant City Attorney Charles Mays, former City Attorney Jorge Fernandez, and I believe former Mayor Manny Diaz. So having said all that, you know, I believe that the law requires you to pay this money, you know. Obviously, you are legislatures [sic]. You can disagree with me. I believe that these individuals are big boys and they will probably walk into court and litigate this matter, so I can tell you that I believe that you should approve this reimbursement. Chair Gort: My second question is if they're found guilty or whatever the word you use in the Bar, the -- we will not -- we're not committed to make a payment? Ms. Bru: No. Chair Gort: Okay. Ms. Bru: They would not. Chair Gort: Yes, sir. Any further -- Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I've learned -- I've heard the different arguments, you know, and -- first of all, I'm hearing our City Attorney saying that to a certain degree we have to pay this. Is that correct, Madam City Attorney? Ms. Bru: Well, I could never tell you that you're compelled to do anything because you are legislatures [sic] and you always have the discretion to vote however it is that you feel is City ofMiami Page 15 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 appropriate. I can tell you thatl believe that the law requires that the amounts be reimbursed. So whether the amounts are reimbursed through legislative action or ultimately through a judicial court order, you know, it will be up to whatever you decide to do here today. Vice Chair Carollo: So maybe I didn't state it correctly. What you're saying is that you believe the law requires us to pay. Ms. Bru: Yes, I do. Vice Chair Carollo: Okay, so that's the first thing that catches my, you know, ear. And if we don't pay, then there might be legal action and we're going back to the court. And this will be going to court for one of our former employees that was doing the duty of his or her job for the City, and when this came about, was found not guilty or was exonerated, correct? Ms. Bru: Correct. There was a finding of no probable cause to file charges. Vice Chair Carollo: You know, and I'm seeing, first of all, you know, as far as not only what legally you believe we have to do, but second, you know, what's fair, you know. And Commissioner, forget any one of us. I'm just saying any employee from the City. I mean, if you are doing in good faith -- andl remember, you know, from my days in law enforcement where, you know, you will act and you knew that if you acted in good faith, you know, everything would work out in the court system, even if a mistake would occur, but if you're acting in goodfaith. So how can now I say in goodfaith a City employee is acting, doing what they believe is correct, someone and -- look, let's be honest. There's a lot of haters out there that'll file whatever at any time -- Commissioner Suarez: Good point. Vice Chair Carollo: -- and I've even come to -- Commissioner Spence -Jones: Amen on that one. Vice Chair Carollo: -- see there are some people that you cannot please. No matter what you do, some people you cannot please and will file various things and so forth. So with that said, I mean, don't we have some type of duty to our employees to protect them and, you know, what's it called, frivolous lawsuits or frivolous, you know -- Commissioner Suarez: Actions. Vice Chair Carollo: -- complaints and frivolous actions. And here, clearly, we're not saying someone that was found guilty. We're saying someone that was exonerated -- Commissioner Suarez: Right. Vice Chair Carollo: -- completely exonerated. So, you know, I think as far as fair -- Commissioner Suarez: By the way, it's not just exonerated. It's no probable cause, which is kind of a lower threshold than -- even. So that's even -- yeah. Vice Chair Carollo: Exactly. And that's what I'm seeing, you know. From the legal point of view, from the fairness point of view, from are we good employers, you know. So I think we need to, you know, really evaluate that. You know, I'm here, you know, willing to listen to, you know, my colleagues and, you know, come to a consensus, but think I'm pretty much saying the way I'm leaning and the way I believe I'm going to vote. City ofMiami Page 16 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Sarnoff. Mr. Chair. And my only point, Commissioners, is because there are so many haters out there, it is entirely possible that one of these issues could come about one of us where the City Attorney might say, you know, I don't think can represent you; you're going to have to hire your own attorney. Commissioner Suarez: Yeah. Commissioner Sarnoff. And l just didn't want to see this go to a consent agenda without some -- Chair Gort: Discussion. Commissioner Suarez: Discussion. Commissioner Sarnoff. -- modicum of debate and discussion. 'Cause this is one of the ways I view this and I'm going to speak to Commissioner Suarez 'cause he's an attorney andl think he'll get it andl think you'll get it as well. Florida does not allow you to insure against gross negligence. You cannot insure yourselffor being -- Commissioner Suarez: As a lawyer. Commissioner Sarnoff. -- grossly negligent. Commissioner Suarez: Yeah. Commissioner Sarnoff. Well, anyone. There are about 14 states that do allow you to insure yourselffor your gross negligence and that's just a different philosophical way of looking at things. There are -- there is certainly a chain of thought and it seems like this Commission's going that way andl could join it by saying let's protect our employees and let's be -- people are acting in good faith, let's go. There's also another chain of thought out there, which is be careful not to push your envelope so far that your own licensing organization takes action against you. I'm okay with either. I just wanted to see the discussion happen. I didn't want somebody to say oh, yeah, you know, there's going to be three more of these coming up and these guys are rubber-stamping things. I just wanted to make sure that we had some element of discussion, some intelligence and some strategy that we're going to say, you know what, to the extent this Commission is sitting, we're always going to protect an employee who we believe is exonerated or is found to have no probable cause or whatever the determinations -- andl don't know what they are from the CPA license 'cause we're -- my issue is not the Ethics Commission. I think it's absolutely abundantly clear if somebody had to defend themselves for an ethics issue, there's a case directly on point. But when it comes to your own licensing agency, I'm not sure the law is quite there yet, but as a policy decision, we're certainly entitled to say let's push this coverage to the very limit of what we think we can do. Chair Gort: The one thing that I want to make sure that this type of -- and I'm glad you took it out of the consent agenda. I agree with you. This is something that I'm very proud with this Commission. We discuss things and we try to improve it. I believe we got to show our employees that we'll protect them and we're behind them. So -- Commissioner Suarez: Mr. Chairman, ifI may. Chair Gort: -- any further discussion? Yes, sir. Commissioner Suarez: No. I think the Vice Chairman made the most compelling arguments on this issue. You know, I have had the distinction of being sued as a Commissioner already. And the City Attorney was conflicted out and we had to hire a private attorney. Thankfully, it didn't cost the City any money and it was only a one -day thing, which is kind of exceptional. It's not City ofMiami Page 17 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 usually just a one -day hearing. But I think your arguments were the ones that were the most persuasive. They certainly persuaded me. You know, I was kind of on the fence on it, so I can join -- if Commissioner Sarnoff and the rest of the body can join in this, I can join in that line of reasoning. Commissioner Sarnoff.. Tell you what, I'll make the motion. Commissioner Suarez: Okay. Commissioner Spence -Jones: Second. Commissioner Suarez: I'll second it. Chair Gort: Okay, it's a motion by Commissioner Sarnoff, second by -- Commissioner Suarez: I'll second it. Vice Chair Carollo: Spence -Jones. Chair Gort: -- Spence -Jones. Commissioner Spence -Jones: You could take the second. Chair Gort: Okay, Commissioner -- Commissioner Spence -Jones: Second. Chair Gort: -- second by Commissioner Spence -Jones. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Unanimous. CA.2 RESOLUTION 11-00973 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACQUISITION OF PROPRIETARY SOFTWARE MAINTENANCE AND SUPPORT SERVICES FOR VIRTUAL PARTNER SOFTWARE, FROM ADVANCED PUBLIC SAFETY, INC., FOR THE DEPARTMENT OF POLICE, PURSUANT TO CHAPTER 18, SECTION 18-86(3)(D), OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FORA ONE (1) YEAR PERIOD, AT PROPOSED FIRST YEAR COST NOT TO EXCEED $41,016.50, WITH ANNUAL RENEWABLE OPTIONS, SUBJECT TO AN ANNUAL DECREASE OR INCREASE OF UP TO THREE PERCENT (3%); FURTHER AUTHORIZING A PAYMENT TO ADVANCED PUBLIC SAFETY, INC., IN AN AMOUNT NOT TO EXCEED $39,666.50, FOR THE PROVISION OF PROPRIETARY SOFTWARE MAINTENANCE AND SUPPORT SERVICES RETROACTIVELY FOR YEAR 2010, AS OUTLINED IN "EXHIBIT A", ATTACHED AND INCORPORATED ("SERVICES"); AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPORT AND MAINTENANCE SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ADVANCED PUBLIC SAFETY, FOR SAID PURPOSE; ALLOCATING FUNDS FROM THE City ofMiami Page 18 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 CA.3 11-00981 Office of Grants Administration DEPARTMENT OF POLICE, ACCOUNT CODE NO. 00001.191501.546000.0.0, WITH FUTURE YEARS' FUNDING SUBJECT TO THE AVAILABILITY OF FUNDS FROM THE DEPARTMENT OF POLICES OPERATING BUDGET AND BUDGETARY APPROVAL AT THE TIME OF NEED; 11-00973 Summary Form.pdf 11-00973 Letter - APSAdvanced Public Safety.pdf 11-00973 Legislation.pdf 11-00973 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED "21 ST CENTURY COMMUNITY LEARNING CENTER GRANT, MIAMI LEARNING ZONE, 2011-2012", CONSISTING OF A REIMBURSEMENT GRANT, IN THE AMOUNT NOT TO EXCEED OF $54,414, FROM MIAMI-DADE COUNTY PUBLIC SCHOOLS, THROUGH A GRANT AWARDED BY THE FLORIDA DEPARTMENT OF EDUCATION, TO PROVIDE SERVICES FOR THE 21ST CENTURY COMMUNITY LEARNING CENTER MIAMI LEARNING ZONE PROGRAM AT HOLMES ELEMENTARY SCHOOL, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE, COMPLIANCE, AND ADMINISTRATION OF SAID GRANTAWARD, FOR THE PERIOD COMMENCING AUGUST 1, 2011 THROUGH JULY 31, 2012, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL SIMILAR PERIODS, AT THE SAME NOT TO EXCEED AMOUNTS, UNDER THE SAME TERMS AND CONDITIONS. 11-00981 Summary Form.pdf 11-00981 Funds Available Inquiry.pdf 11-00981 Budget Narrative Form. pdf 11-00981 Project Award Notification .pdf 11-00981 Project Application. pdf 11-00981 Legislation.pdf 11-00981 Exhibit 1.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-11-0458 A motion was made by Commissioner Suarez, seconded by Vice Chair Carollo, and was passed unanimously, to move CA. 3 from the Consent Agenda to the Regular Agenda for discussion. City ofMiami Page 19 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Direction by Chair Gort to the Administration to provide an annual report on the achievements of each grant program that the City participates in. Chair Gort: CA.5. Vice Chair Carollo: CA.3, Mr. Chairman. Chair Gort: Okay, I'm sorry. Vice Chair Carollo: I believe. Commissioner Suarez: Good start. Chair Gort: CA.3. Vice Chair Carollo: By the way, CA.3 is very similar to CA.4, which I already passed. The reason why I asked -- I requested to pull CA.3 was just as a point. I requested some information that have not received yet. It doesn't mean that I'm not in favor of this, but I want to -- my question was -- which I have not received the information -- how much money for after -school program for each district, and more specifically, District 3? And what's the possibility of expanding this program to District 3? Lillian Blondet (Interim Director): Good morning. Lillian Blondet, Office of Grants Administration. This program is a federal program, and it's at pass -through through the state. It requires an application, an RFP (Request for Proposals). It's a competitive application and it's a five-year program. The last two years we have to provide a match of 20 percent each year, and that has to be provided without reducing services. It's best if the services are given in a school because 21 st Century likes the continuity of services and education, and they like programs that have 250 students or more. We would have to partner with a school in the district if we wanted to apply for that. The principals are the ones that have to spearhead the application process and they have to want to apply for this grant, which is highly restrictive in terms of what you have to do and the programs that you have to offer. And we would have to partner with a principal in a school in District 3, for example, that wants to work with us to implement a program. There's two programs, each one have a funding of about 250, 000, and it's -- the School Board is the one that receives the money and we are a contractor for the School Board. Vice Chair Carollo: Thank you, Ms. Blondet, for -- Ms. Blondet: Okay. Vice Chair Carollo: -- your explanation. Now, more specifically, with any of these programs in District 3, is -- am I correct that there are none at the present time? Ms. Blondet: In 21 st Cen -- for 21 st Century, which is this funding -- I don't know about other funding -- I looked at their Web site yesterday and it was updated to the programs from last year, and you're correct, there's no 21 st Century program from the School Board or any other entity that has a school in District 3. So we can, if you'd like, look into that next year. Vice Chair Carollo: Yes, if we can. If we could look into that, and ifI need to reach out to some of the schools and some of the school principals, I definitely will. And then -- you know, I'm not going to put you on the spot. I just want to make sure that as far as any other funding, I want to see exactly how much funding is going to District 3 with regards to after -school programs -- Ms. Blondet: Okay. City ofMiami Page 20 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Vice Chair Carollo: -- and any programs similar to this. Ms. Blondet: Okay. Vice Chair Carollo: Okay? Ms. Blondet: Will do. Vice Chair Carollo: Thank you. And with that, I'll make a motion. Chair Gort: It's been moved by Vice Chairman Carollo, second -- Commissioner Suarez: Second. Chair Gort: -- by Francis Suar -- Commissioner Suarez. Any further -- Yes, sir. Commissioner Sarnoff. I actually had a whole different set of questions. Because, you know, I've been here long enough, I watch all these grants come through and it's not so much what Commissioner Carollo's asking, but it's actually a little bit different. What are our deliverables? In other words, what have we achieved? This has been going on for so many years. We were measured at "X, " today we're at "Y. " And then I heard there's a 20 percent matching. I didn't hear who matches, which brings a, you know, tenor to our ear which is like this is costing somebody. I assume us. I don't know that it is us. But as a threshold question, you started this four years ago, you started this three years ago, people's math scores were 5; today they're 5.7. We're trending a certain way. I -- you know, we sit here a little bit rubber stamp-esque. I'm curious, what are we doing? Where did we start? How are we measuring ourselves? Ms. Blondet: We can get you the set of -- the measurements for each one of the schools if you wanted to. The 21 st Century has very strict guidelines in reporting and it usually includes math, science, health, you know, exercises and attendance. Attendance is a big thing for them because most of these programs are in schools that are, you know, not performing very well to start. So part of the incentive is to get kids to stay in school, attend school, go to after -school programs. So if you want -- I mean, it's -- they need to provide a lot of reporting. It's a program that requires a lot of reporting. We can get you a set of all of those if you want it. Unfortunately, sometimes the schools still remains as, you know -- Commissioner Sarnoff. Well, that's -- Ms. Blondet: -- in a grade that is not necessarily improving. Commissioner Sarnoff. I got you. But I don't want you to think I'm bringing this up right now . I brought this up during the briefings. I think everyone in the City of Miami is -- 'cause I haven't heard who the 20 percent match comes from. Is it us? Ms. Blondet: This one, this one program comes from the Children's Trust. Commissioner Sarnoff. Okay. Ms. Blondet: When it comes from the Children's Trust, it's -- Commissioner Sarnoff. Andl know -- so I know this may not involve our dollars. Maybe it doesn't. Sounds like it does not but you're still utilizing this Commission and l feel like we should know what is it that we're achieving. And it's not like I'm just bringing it up now. I said what are the deliverables? What -- where did we start before this program? Where are we now? 'Cause I think taxpayers want to know are programs working, you know. We have a math program. We City ofMiami Page 21 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 started out at a C minus level; we're now at a C level or C plus level. And it's not like I'm bringing it up for the first time today. I said tell me what the deliverable is 'cause I'm not going to vote for this. And I'm going to do that more as a statement, which is don't come in front of this Commission -- I know we're a pass -through of sorts, but we're also a great opportunity for everybody to say the 21st Century grant works, the 21st Century grant doesn't work. Andl think, you know, the -- we can educate everybody out there and say this HUD (Department of Housing and Urban Development) grant or federal government grant is something they should do away with or it works because attendance has increased, but it hasn't achieved any measurable increase in math scores, but it has achieved a slight measurable increase in science sores. I think that's sort of our job once it comes before us. Chair Gort: Ms. Blondet -- Ms. Blondet: Yes. Chair Gort: -- let me tell you what I'd like to ask not only for this grant because a lot of times we ask the questions and people make statements, the City ofMiami is not doing anything for the kids or for the senior citizens, for this. I'd like to get the report -- and think requested it before also -- what we have accomplished not only in this grant but, for example, I know a lot of grants are there to help kids like the Children's Trust. If we can get reports, yearly reports of the achievements of those grants, I think -- I believe it would be very important to all of us. Yes, ma'am. Commissioner Spence -Jones: Mr. Chairman, thank you. It's great to hear everyone's comments on this particular item. I actually was going to pull this item in the very beginning, but Commissioner Carollo had already. Just so that we have some background history on this grant, this is -- to my understanding, this is a grant that was actually driven by the Mayor's office, I guess four or five years ago. Even though the -- Holmes Elementary is actually in my district, I was not really that all involved in this particular -- as a matter of fact, I haven't really even seen any of the measurable outcomes of the grant and that was going to be my -- well, two questions. It was one, who's actually monitoring the outcomes, like who's actually making sure that we're hitting the goals and objectives. And then, again, Commissioner Sarnoff mentioned it, what are the measurable outcomes? So I'm not -- I wasn't really clear on this. So I wanted to ask that question because I think it is important for us to know, you know, exactly what we're actually accomplishing from supporting that. To my understanding, if I'm not mistaken, this was a federal grant -- and you can correct me if I'm wrong -- that kind of focused on schools that were "F" schools, if I'm not mistaken -- Ms. Blondet: That's correct, underperforming schools. Commissioner Spence -Jones: -- that had a lot of the elements surrounding it that other particular communities did not have. And I'm not -- I don't have all the background, but I remember when Mayor Diaz was working on this whole initiative of Holmes Elementary and it was really something that he was really, really driving. So I don't know if you have any details on exactly why Holmes Elementary was actually selected. If that's something that you could share, that also would shine some light on why they were selected for this particular grant. But in the future, I do think it's important -- especially before we actually come up here to vote on something -- I think that all of the grants that we receive monies from, that part of our briefings should include what the outcomes are, so -- even if it's just a one pager. You know, this school went from an "F" to a "C" because of this program. I believe the parents are involved in the program. Ms. Blondet: Very much, yes. Commissioner Spence -Jones: Part of this is an incentive to get kids from the local -- I mean, City ofMiami Page 22 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 parents from the local housing projects to be more involved in their kids' learning. So I know that they have had -- they do have some outstanding results, but I think what the Commissioners are saying, it's extremely important for us to understand the impact that we're having. We -- as much money as this -- we can get coming into the overall -- into our city, I'm sure we would all agree, but I think we would also like to be able to communicate, you know, how much good we're actually doing. Andl think that that's really the sentiment of it. Ms. Blondet: Okay. Commissioner Spence -Jones: But I would like -- I don't know, Lillian, if you have visited this program. Ms. Blondet: Yes, I have. Commissioner Spence -Jones: So you have? Ms. Blondet: I have gone, yeah. Commissioner Spence -Jones: So anything firsthand that you've seen that you -- Sometimes reading off the paper -- I'm just telling you -- we don't get it. So if you can kind of communicate based upon your mon -- from your monitoring prospective what you -- the differences that you have seen, I think that helps us. Ms. Blondet: Well, this is my first year with this grant. I can tell you that the two schools that we have -- First, the contract -- the School Board is the one that gets the money, not the City. We have -- Commissioner Spence -Jones: Okay. Ms. Blondet: -- a contract with the School Board and what it pays is for the program director. Commissioner Spence -Jones: Okay. So was it the School --? Ms. Blondet: So the grants are for over $200, 000 in programs, like 220 and 250. Commissioner Spence -Jones: But did the School Board apply for -- Ms. Blondet: Yes. The -- Commissioner Spence -Jones: -- did the School Board say I'm identiing Holmes Elementary -- and what's the other school? Ms. Blondet: Lenora B. Smith. Commissioner Spence -Jones: Okay, so basically this was a recommendation that came from the School Board, not from the City Commission. Alice Bravo (Assistant City Manager/Chief of Infrastructure): And Commissioner, the agenda package includes the actual application that the School Board -- Commissioner Spence -Jones: Okay. Ms. Bravo: -- submitted to the program. Commissioner Spence -Jones: Okay, so I'm assuming -- and again, I just want to make sure we're City ofMiami Page 23 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 clear 'cause I know every time y'all look around, it seems like D5 (District 5) is getting, you know, a lot of grants, but the reality is D5 got a lot of problems, too, so a lot of times a lot of the federal grants are targeted towards -- I'm just going to say it -- Liberty City, Little Haiti and Overtown because that's where a lot of the real, real issues are. I'm not saying that West Grove doesn't have it and I'm not saying that Little Havana doesn't have it. I'm just saying that a lot of times the federal government identifies these areas as zones that need extra support. So I just want us to be clear on that. But it wasn't my initiative, so it was the Mayor's initiative. I think that it was the School Board that identified these two schools to say that these are the schools that they wanted to apply for the grants with. So let's -- I just want us to be clear on how these two schools got selected. Commissioner Sarnoff. And my only question was is it working. That -- Commissioner Spence -Jones: Right. Commissioner Sarnoff. -- not -- it was not geographic. Commissioner Spence -Jones: Yeah. I got you. Commissioner Sarnoff. Is it working? Commissioner Spence -Jones: Right. And I'm just saying to her, I think that just in general -- all of the grants that come, when you're giving a briefing, just make sure that we have that part of the brief -- Chair Gort: You know, the other thing I'd like to add is not only for our information, but there's a lot of people today that sit down and watch the Commission meeting take place. I think it's important also for the residents and the citizens to understand what are we doing with the grants. So when you come up -- and this is for the Administration -- any report that comes up, make sure you bring all the information along with it if we've been very successful. Thank you. Any further discussion? Vice Chair Carollo: Mr. Chairman, yes. Chair Gort: Yes, sir. Vice Chair Carollo: Thank you. I just want to make sure -- and I put for the record and for my colleague, Commissioner Spence -Jones, that started out saying that I'm approving this, you know. The -- and the only thing was asking was for, you know, how can we add to it, how can, you know, we bring some of these programs also to D3 (District 3). Commissioner Spence -Jones: Andl didn't take -- Vice Chair Carollo: I understand. Commissioner Spence -Jones: Be very clear. I did not take it personal, you know. Vice Chair Carollo: No, I understand. Commissioner Spence -Jones: And I'm not -- none of the comments that you guys made made me feel as though our district should, you know, not receive the resources, andl think the comments are healthy comments. I just wanted -- Vice Chair Carollo: Absolutely. City ofMiami Page 24 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Spence -Jones: -- to be clear that -- through the Grants Department, one, first of all, the grant itself was driven by the Mayor's office at the time, which I think it was a wonderful initiative that Mayor Diaz had andl think that, you know, it was a great thing. I think that the issue became out of -- you know, from your questions were how -- basically, how were these particular schools chosen or can we now expand to other areas. And that -- I think that's a great question, but I wanted you to know how it originated and why the two schools were selected and who they were selected by, you know what I'm saying? Vice Chair Carollo: No, absolutely. Commissioner Spence -Jones: So I think it's important for you to know -- Vice Chair Carollo: And you know, from your statements, it seems like, you know, Mayor Diaz had, you know, vision -- Commissioner Spence -Jones: Yeah. Vice Chair Carollo: -- with these grants and, you know, should be applauded. And you know, I wanted to add to it and see, you know, how we bring some of that to District 3. I think -- you know, I could make very strong arguments not just with this but, you know, throughout within parks and so forth -- Commissioner Spence -Jones: Yeah. Vice Chair Carollo: -- that there's a big disparity between, you know, all other districts and District 3. I mean -- andl can make very strong arguments. I -- the proof is there, you know. I could bring out numbers. I -- you know, from -- you know. And I'm just trying not to hinder anything from other any other district. Commissioner Spence -Jones: Yeah, yeah. Vice Chair Carollo: It's just add to District 3 and make sure that, you know, we, you know, receive some of that. So that is it. So it's just a friendly discussion -- Commissioner Spence -Jones: Yeah. Vice Chair Carollo: -- andl made the motion. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Thompson: Oh, I'm sorry. Thank you. Chair Gort: Okey-doke. Ms. Blondet: Thank you. CA.4 RESOLUTION 11-01009 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "21ST CENTURY COMMUNITY LEARNING CENTER GRANT, MENTORED MINDS MATTER, 2011-2012", CONSISTING OFA City ofMiami Page 25 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 REIMBURSEMENT GRANT, IN THE AMOUNT NOT TO EXCEED OF $49,945, FROM THE MIAMI-DADE COUNTY PUBLIC SCHOOLS, THROUGH A GRANT AWARDED BY THE FLORIDA DEPARTMENT OF EDUCATION, TO PROVIDE SERVICES FOR THE 21ST CENTURY COMMUNITY LEARNING CENTER MENTORED MINDS MATTER PROGRAM AT LENORA B SMITH ELEMENTARY SCHOOL, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE, COMPLIANCE, AND ADMINISTRATION OF SAID GRANTAWARD, FOR THE PERIOD COMMENCING AUGUST 1, 2011 THROUGH JULY 31, 2012, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL SIMILAR PERIODS, AT THE SAME NOT TO EXCEED AMOUNTS, UNDER THE SAME TERMS AND CONDITIONS. 11-01009 Summary Form.pdf 11-01009 Budget Narrative Form.pdf 11-01009 Project Award Notification .pdf 11-01009 Project Application.pdf 11-01009 Legislation.pdf 11-01009 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0455 CA.5 RESOLUTION 11-01011 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Building ATTACHMENT(S), RATIFYING THE CITY MANAGERS EXECUTION OF AN INTERAGENCY AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS AND THE CITY OF MIAMI, IN SUBSTANTIALLY THE ATTACHED FORM, TO REGULATE AND ENFORCE ELEVATOR SAFETY IN BUILDINGS OPERATED AND MAINTAINED WITHIN THE CITY OF MIAMI. 11-01011 Summary Form.pdf 11-01011 Legislation.pdf 11-01011 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0459 A motion was made by Commissioner Suarez, seconded by Vice Chair Carollo, and was passed unanimously, to move CA.5 from the Consent Agenda to the Regular Agenda for discussion. Chair Gort: CA.5. City ofMiami Page 26 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 CA.6 11-01012 Department of Parks and Recreation Commissioner Spence -Jones: CA.5. Chair Gort: This has to do with the contract with the State of Florida for the elevators. And in the last 20 months I've -- in my district I have a lot of buildings, so I have visit a lot of these buildings andl can see the receipt or the permit for the elevators andl think that's -- mainly, number one, it's for the safety of the individual, the residents of those building. But number two, it's a revenue for the City ofMiami. Now my understanding, we're contracting this with the State. Mariano Fernandez: Good morning. Mr. Chairman, Mariano Fernandez, Building Department director. Yes. The State of Florida has jurisdiction over all elevators in the state. However, he has some interlocal agreement with Miami -Dade County and the City ofMiami where they're delegating the authority to us to issue the permits and collect the revenues from the elevator certificate on the annual -- after they pass the annual inspection. Chair Gort: Okay. The reason I wanted to clam that, this gives the City ofMiami the authority to do the inspection of the elevators. Am I correct? Mr. Fernandez: Correct. And to issue every year the annual certificate that the elevator is safe for operation. Chair Gort: Okay. And we have enough people to make sure we check all the buildings? Mr. Fernandez: Yes, we do. Chair Gort: Thank you, sir. Mr. Fernandez: Thank you. Chair Gort: Okay. I need a motion. Commissioner Spence -Jones: So moved. Vice Chair Carollo: Second. Chair Gort: It's been moved by Commissioner Spence -Jones, second by Vice Chairman Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Mr. Fernandez: Thank you. Chair Gort: CA.7 is -- Thank you, Mariano. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "SOCCER FOR SUCCESS 2011-2012," CONSISTING OF A REIMBURSEMENT GRANT, IN THE AMOUNT NOT TO EXCEED $55,000, IN THE FORM OF A CASH DONATION, AND IN -KIND SERVICES OF TRAINING AND EQUIPMENT VALUED AT $56,340, FOR A TOTAL AMOUNT NOT TO EXCEED $111,340, FROM THE NATIONAL RECREATION AND PARK City ofMiami Page 27 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 ASSOCIATION, TO FUND THE DEPARTMENT OF PARKS AND RECREATION'S YEAR-ROUND SOCCER PROGRAM FOR ECONOMICALLY DISADVANTAGED YOUTH PARTICIPATING IN THE CITY OF MIAMI PARKS AND RECREATION AFTER SCHOOL PROGRAMS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, TO IMPLEMENT THE ACCEPTANCE AND COMPLIANCE OF SAID GRANTAWARD, FOR THE PERIOD COMMENCING AUGUST 1, 2011 THROUGH JULY 31, 2012. 11-01012 Summary Form.pdf 11-01012 Legislation.pdf 11-01012 Exhibit 1.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0460 A motion was made by Commissioner Suarez, seconded by Vice Chair Carollo, and was passed unanimously, to move CA. 6 from the Consent Agenda to the Regular Agenda for discussion. Chair Gort: CA.7 and CA (Consent Agenda) -- Vice Chair Carollo: CA.6. Chair Gort: -- 6, okay. Yes, sir. Ernest Burkeen: CA.6 is the soccer grant for the City ofMiami, provided by the National Recreation Parks Association. Ernest Burkeen, director of Parks and Recreation. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: And Mr. Burkeen knows already what I'm going to be asking. Is that correct, Mr. Director? Mr. Burkeen: Pretty much. Vice Chair Carollo: Yeah. How many parks are -- can participate in this soccer program? Mr. Burkeen: We have 24 sites. Vice Chair Carollo: And out of 24 sites, how many are in District 3? Mr. Burkeen: Two. Vice Chair Carollo: Big disparity, huh? Yeah, I know. How can we work on improving that? And you know -- and again, you're going to tell me, well there's not enough parks in your district and that's why, you know, it's -- the program is not going to more parks. Mr. Burkeen: Well, beyond that, I have met with the Planning director, Francisco Garcia, and what we've done is that we're looking at areas within your -- City ofMiami Page 28 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Vice Chair Carollo: Right. Mr. Burkeen: -- district that we can identin, and target for purchase, and we hope to be able to have that done so that we can meet with you and we can solve that. Vice Chair Carollo: Yes. Thank you, Mr. Burkeen. I am working with Francisco Garcia, andl actually have done my due diligence quite a bit in that area, and I'm bringing it up more than anything just, you know, once again, to let everybody know, you know, there is a need in District 3. Andl want to go a little step further now. As far as Henderson Park, I know we -- you know, I always like to say we, but you know that we were able to obtain some soccer goals for Henderson Park -- Mr. Burkeen: Correct. Vice Chair Carollo: --free of charge. Mr. Burkeen: Yes. Vice Chair Carollo: It was actually from Bayfront Park Management Trust, that they donated those. So I'd like to see if we could expand soccer there and make sure that, you know, some of these fundings [sic] does go to Henderson Park. Mr. Burkeen: Henderson and Jose Marti. Vice Chair Carollo: Okay, thank you. And with that, I'll make a motion to approve. Commissioner Spence -Jones: Second. Chair Gort: It's been moved by Vice Chairman Carollo, second by Commissioner Spence -Jones. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. CA.7 RESOLUTION 11-01013 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), ACCEPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE THAT THE TOP -RANKED FIRM, PURSUANT TO REQUEST FOR PROPOSALS NO. 226249, FOR FOOD AND BEVERAGE CONCESSIONS AT THE CITY OF MIAMI OWNED PROPERTY KNOWN AS THE CITY OF MIAMI RIVERSIDE CENTER LOCATED AT 444 SOUTHWEST 2NDAVENUE, MIAMI, FLORIDA, IS ULTIMATE CATERING LLC; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONCESSION AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE, WITH TERMS AND CONDITIONS STATED HEREIN AND AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. 11-01013 Summary Form.pdf 11-01013 Legislation.pdf 11-01013 Exhibit 1.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City ofMiami Page 29 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 A motion was made by Commissioner Suarez, seconded by Vice Chair Carollo, and was passed unanimously, to move CA. 7 from the Consent Agenda to the Regular Agenda for discussion. Chair Gort: CA.7 and CA.8, I'll bring it back later on when the Manager's back. Thank you. [Later...] Chair Gort: Okay, CA.7 and 8. Mr. Manager, the reason I brought this back is the -- my understanding, there was an RFP (Request for Proposals) for services at the cafeterias [sic] at the Riverside Center and at the police station. I personal feel that the -- they're two different -- and that was awarded to one party also. My understanding is the MRC (Miami Riverside Center) cafeteria is completely different to the police station cafeteria. Police station cafeteria serves maybe 50 to -- 30 to 50 people at any one time. MRC is completely different. MRC, you have the -- not only the -- a lot more -- at least you got 5 or 600 people that work there, plus the visitors that go to the MRC at all time. I would like to see that separated. The person that apply for it and won the award is willing to do that, fine. If not, I'll defer the whole thing. That's my request. Andl will listen to the other Commissioners. Commissioner Spence -Jones: Does anybody have any comments? Chair Gort: Yes, ma'am. Commissioner Spence -Jones: Commissioner Carollo. I just -- I mean, I got briefed on it just the other day, butt want to just be clear. Maybe you can put it on the record why the decision was made to combine the two? Andl understand one of the companies had been there -- has been there a very long time, correct? Johnny Martinez (City Manager): Thirteen years. Commissioner Spence -Jones: Thirteen years. So what was the decision? I guess, maybe that's more -- is that more of a procurement issue or management issue? Mr. Martinez: Yeah. I think the direction was given to advertise the procurement either A, the MRC or B, the police headquarters, or both, so the vendors could try to win one of them, the second one, or both of them. And apparently, the one vendor won both, the A and the B -- Commissioner Spence -Jones: Okay. Mr. Martinez: -- the MRC, which is empty at the time, and the police station, which is being serviced by the company that's been there 13 years and incidentally does not pay rent now. Commissioner Spence -Jones: Oh, they don't pay -- Mr. Martinez: The RF -- no. They don't pay rent now. Commissioner Spence -Jones: Are they -- with this new agreement, they would have? Mr. Martinez: They would have, but they didn't submit an amount in the forms. Therefore, they were deemed nonresponsive. So there's other firms that were responsive, so -- Commissioner Spence -Jones: So for 13 years, they didn't pay? Mr. Martinez: Excuse me? Commissioner Spence -Jones: For 13 years they did not pay? City ofMiami Page 30 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Mr. Martinez: Right. For 13 years, they haven't paid and this new RFP required a lease amount for them to put in and they put zero. The other company put in a lease amount for both the A and the B. And also, the companies that came in in second place also put a lease amount. So they were just deemed nonresponsive. Commissioner Spence -Jones: Okay, andl guess the Chairman's viewpoint probably is why weren't they separate? What was the reason for them not being separate? I'm just curious. Mr. Martinez: I don't know the exact reason. Commissioner Spence -Jones: Because I'm assume -- I don't know either or company, I'm going to be honest with you. And actually, I've probably eaten at the MRC probably two or three times in my lifetime. But I'm just curious, are these both big companies? Are they -- is the company that's -- was there for a long time, is it a small, you know, business? What's the difference between the two? Kenneth Robertson (Director): Good afternoon. Kenneth Robertson, Purchasing Department. To answer your first question, the services for both locations are the same. If you look at it by commodity code, cafeteria services are provided by one in the same companies. So the RFP was structured such that a proposer could respond to one location or the other location or both. Commissioner Spence -Jones: So you did have -- there was a separation between the two? Mr. Robertson: Correct. There was clearly the ability to submit separate proposals for both locations. However, we received four proposals; two of them were nonresponsive. So then the Evaluation Committee evaluated the other two responsive proposals and it happened that the two responsive companies both proposed for both locations and the qualifications of the company were such that the number -one ranked company was recommended for both. Commissioner Spence -Jones: Okay. Can you just let me know why they both --? Both companies big companies, small businesses or --? I mean, like for instance, the one that won -- I'm just curious, and then I'm going to turn it back over to the Chairman 'cause he has some more issues and concerns with it, but I'm just trying to feed off on what his issues and concerns would be. Are they both big companies? Mr. Robertson: They're reputable companies that have established businesses in providing catering and cafeteria services. Commissioner Spence -Jones: You mean both. Mr. Robertson: Both companies. Commissioner Spence -Jones: So the one that's in the police department is serving -- is doing -- has other business as well doing the same thing? Mr. Robertson: The company -- the current incumbent of the police cafeteria was nonresponsive and was not evaluated by the Evaluation Committee because they could not have been. Commissioner Spence -Jones: So you didn't even get to that point? Mr. Robertson: Correct. Commissioner Spence -Jones: So once you saw that not filled out, you just said -- okay. City ofMiami Page 31 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Mr. Martinez: And one last point. Even if we had advertised them separately, the same company was not -- the one that won the MRC would not be precluded from bidding on the other one and winning that also. So the mere fact that you separated them doesn't guarantee that the same person's still not going to win, especially when they've already won one. There's an economy of scale that could even give maybe a better price on the other one. Just -- Commissioner Spence -Jones: I got you. Mr. Martinez: -- food for thought. Pun. Commissioner Spence -Jones: Interesting. Chair Gort: Yes, sir. Commissioner Sarnoff. So how much are they going to pay rent wise at -- Commissioner Spence -Jones: Yeah. Commissioner Sarnoff. -- the police headquarters? Mr. Robertson: The number -one ranked proposer has proposed over a five-year span to pay the City ofMiami approximately $280,000. Commissioner Spence -Jones: A year? Mr. Robertson: Over -- Commissioner Spence -Jones: Oh, five. Mr. Robertson: -- the five years. Commissioner Sarnoff. So -- Mr. Robertson: And for the -- Chair Gort: Five years. Mr. Robertson: -- MRC location, they would be paying a little over $51, 000 over five years. Commissioner Sarnoff. So it's $51, 000 annually that doesn't -- ? Mr. Robertson: No. Chair Gort: No, no, no. Mr. Robertson: Fifty-one thousand for the MRC -- Chair Gort: Five years. Mr. Robertson: -- location over five years. Commissioner Spence -Jones: Why is that? Commissioner Sarnoff. I mean, how -- didn't you just say to Commissioner Spence -Jones $280,000? City ofMiami Page 32 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Mr. Robertson: For the police location. Commissioner Sarnoff. Right. Commissioner Spence -Jones: But isn't that smaller than the MRC? That was the argument how MRC was bigger, right, and more people? Mr. Robertson: The projected revenue estimates for the MRC location are actually lower. Mr. Martinez: Which is the bigger operation? Commissioner Sarnoff. MRC, right? Mr. Robertson: The police cafeteria is viewed to be more profitable. Chair Gort: Okay, my understanding is -- Commissioner Spence -Jones: But that's not what you -- you know that's not what you -- Chair Gort: Wait a minute. Commissioner Spence -Jones: -- that's not what was said in -- Chair Gort: Wait a minute. Commissioner Spence -Jones: -- the beginning. I just -- Chair Gort: Let's get apple with apple. My understanding is how long has the cafeteria of the MRC been closed? Mr. Robertson: The previous concessionaire was in default of the contract. Their insurance had lapsed. They owed the City money in arrears. I believe it -- Chair Gort: My question is, how long has it been closed? Mr. Robertson: I'd have to defer to the Department of Public Facilities 'cause they actually closed it. Chair Gort: Okay. Because my understanding in going to the MRC, it's been closed ever since I've been going there, so it's three or four years that it's been closed, so there's no revenue that have come in from the MRC for the last three years or something like that. Mr. Robertson: Well, the cafeteria was open when I began working for the City -- Chair Gort: Okay. Mr. Robertson: -- last year. I think it closed sometime in November of 2010. Chair Gort: And my understanding, they were not making any payments and a lot of the people were not using the cafeteria. Matter of fact, they were using the truck that parks in back and that's the one that's making all the money right now. Now the reason I brought this up is the -- the people that run the -- they've been there for 13 years. They're willing to pay rent. And I've got all this came out from the police department. People are requesting that they maintain the same cafeteria operators that's been there for a long time. This is a small business. It's a family City ofMiami Page 33 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 business. My understanding is that's the only business they have. They are residents of my district and they employ people from my district, and that's why I brought it up. I really would like to have it separated, ifI can do it, yes. IfI cannot do it legally, then we -- I'll move to -- Commissioner Sarnoff. Well, let me be the straight man here. Let's just talk about the police headquarters. What were they paying under the old lease? Mr. Robertson: Zero dollars. Commissioner Sarnoff. Okay. What are the new people willing to pay annually? Mr. Robertson: About $65, 000 a year. Commissioner Sarnoff. Sixty-five thousand dollars a year. Mr. Robertson: No. Commissioner Sarnoff. You want to -- Mr. Robertson: A little less, $56, 000 a year. Commissioner Sarnoff. Okay, $56, 000 a year. So it would be a budgetary hit to the City of Miami for this year's budget to -- for us to not accept the $56, 000, correct? Mr. Robertson: Yes. Commissioner Sarnoff. Okay. Mr. Martinez: There's one other little glitch. Now that the bids were open, now everybody knows what the other guy's price was when we put it out again. Commissioner Sarnoff. No. I -- Mr. Martinez: There's a disadvantage. Commissioner Sarnoff. You're saying -from a procurement standpoint, you're no longer under the cone of silence, cat's out of the bag. Mr. Martinez: Yeah. Commissioner Sarnoff. Now everybody bids against each other. Look, you know, here's my thinking. I'm going to see how many mistakes this Commission makes and add them up at the end of the year so that the next budget time I'm going to say, well, remember that $56, 000 we let go of? Remember that $47, 000 we let go of? Remember we voted to have that guy's attorney's fees paid? So we can all see budgetarily the issues that we brought up time and time again. Now maybe it's the will of this Commission that we want a City ofMiami resident to be the person who's going to get this contract. But let's face facts: There's a $56, 000 difference. Commissioner Spence -Jones: I guess I just need clarity once again 'cause the very beginning of the briefing you said that the MRC -- there were more people in the MRC and more revenue being -- it was kind of communicated that more revenue was being generated. You didn't communicate it, but some -- Chair Gort: It was myself. City ofMiami Page 34 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Spence -Jones: Okay. All right, but did you get that briefing -from someone in order for you to --? Chair Gort: My understanding, in the amount of the employees that the MRC has and the amount of visitors that the MRC have is completely different to the police station. Police station, you only have the people that work the shifts at that time and most of the police officers are out of the area. Commissioner Spence -Jones: What -- the numbers that he's speaking of now, are they based on the numbers that you have from Procurement or from Public Facilities? Do you know what the numbers were prior to 2010? Unidentified Speaker: For MRC? Commissioner Spence -Jones: Yeah. Unidentified Speaker: At the police headquarters, we know it was zero. For 13 years, there was no rent there. Commissioner Spence -Jones: Right. Unidentified Speaker: It was a very minimal rent at the MRC. Commissioner Spence -Jones: Okay, when you say very minimum -- 'cause now we're getting to the good part. Unidentified Speaker: I can get back to you with the exact number. It's less than $10,000 a year. Commissioner Spence -Jones: Because -- I mean, because the way that we kind of posifioned it in the beginning is like one was paying no rent and the other one was paying some rent -- or rent. Then it made it seem like one person got more of a greater advantage than the other. Unidentified Speaker: (UNINTET,TIGIBT,F) -- Commissioner Spence -Jones: But would like to know what that -- was it $100 a year? Was it $1, 000 a year? Was it -- what was it? Unidentified Speaker: (UNINTET,T IGIBT ,F) Concessions had the previous contract at the MRC. They had also had a contract at the expo center. Commissioner Spence -Jones: So they had both? Unidentified Speaker: In both locations, they were essentially in default of their contract. When (UNINTELLIGIBLE) left the expo center, they didn't even take their equipment. We actually ended up selling it a year and a half later. At the MRC, (UNINTET,TIGIBLE) did not leave that facility in the best of shape. The flooring is not in good shape. The kitchen equipment's not in good shape. They were in default of their agreement and paid us very minimal rent. I can get you that exact number if you'd like. Commissioner Spence -Jones: Yeah. I would definitely like to know that. And then I guess the only question I would have -- I -- you know, we're very big supporters of supporting businesses that are in the City. The company that won, Mr. Manager and Mr. Public Facilities, are they City -based vendors? Are they businesses that are within the City? Where is the company based? Please don't say out of the state. Where is the company based? City ofMiami Page 35 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Chair Gort: You know what -- Commissioner Spence -Jones: I'm just curious anyway. I would like to know. Chair Gort: -- I'd like to maybe defer this because there's a lot of questions to be answer. I want to see how the MRC can produce a lot more income than the police. I want to see those numbers. Commissioner Spence -Jones: But I'm just curious -- Chair Gort: At the same time, my understanding -- and Commissioner Sarnoff, I understand your point of view andl agree with you. I think we have to look at the budget and we have to look at that. At the same time, for this budget, next year's budget, we're not credit any revenues because we haven't been pay at the MRC and the other individual for 13 years somehow they were let operate without paying any fees. My understanding is the people were willing to pay rent. They didn't have any problem paying rent. Unfortunately, they didn't have the understanding of the RFP that was going out and they were not able to answer. But they were willing to pay rent. That's the reason why I'd like to refer [sic] this and maybe bring it back again or rebid the whole thing. Vice Chair Carollo: I make a motion to defer CA.7 and CA.8. Commissioner Spence -Jones: I'll second it because the Chairman is asking for that, but I do want to add on for discussion. I think that whenever we're putting processes in place, we do have to respect the Procurements office, because I'm assuming, you know, this is what you do for a living, and we don't want to get, I'm sure, caught up in, you know, trying to tell you how to put out bids and -- that's not our role. So I want to make sure that you guys understand that we respect what you're doing. I think that maybe perhaps -- maybe before this process should have even started, if this is a policy of the City Commission that we would like some preference being given to City -based companies because, quite frankly, we want to support people from -- not necessarily somebody perhaps in his district or somebody -- I don't think that's what it's about. Commissioner Sarnoff.. We passed an ordinance on that. Chair Gort: Yes. Commissioner Spence -Jones: Okay. So was -- right. Commissioner Sarnoff.. City preference is already in our ordinance. Commissioner Spence -Jones: So is it already included in this? Mr. Robertson: This particular RFP was issued before the local preference revisions were implemented to Section 18-86. Commissioner Spence -Jones: You understand? So -- Mr. Robertson: It does not apply to RFPs. Commissioner Sarnoff.. My only issue is you have -- you really set this City up to be sued. You have a perfectly valid RFP -- Commissioner Spence -Jones: Right. City ofMiami Page 36 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Sarnoff.. -- you now have -- you no longer -- now you have an exact amount of money somebody's willing to pay. You're going to go back to an RFP process. You're -- that's just -- it's really unfair, but it's the will of this Commission. You got to be very careful and very diligent in your RFP process. Commissioner Spence -Jones: Andl think -- Chair Gort: Commissioner Sarnoff -- ifI may, let me ask a question from the Legal Department, because in the business that I'm in, I answer a lot of RFPs. My understanding, most RFP -- and I hope we do that -- they have a disclaimer. Julie O. Bru (City Attorney): What's the question? I'm sorry. Chair Gort: My understanding is most RFPs that I've seen throughout all the cities, they have a disclaimer. Ms. Bru: About -- Chair Gort: They all -- Ms. Bru: The Commission can't -- Chair Gort: The Commission have the right to make whatever decision they can and reject, accept, or whatever. Ms. Bru: In this particular RFP, the City Manager reserves the right to reject -- there was a committee who performed an evaluation. The Manager can reject the committee's recommendation and instruct the committee to reevaluate and make another recommendation. The City Commission has certain options too. The City Commission may also reject any response. Chair Gort: Okay. Thank you. Ms. Bru: Okay. Commissioner Spence -Jones: Okay, so we're -- obviously we're not doing anything wrong. That's basic -- Chair Gort: I'm not an attorney, but I -- Commissioner Spence -Jones: Right. -- but that's basically what you're saying. Madam City Attorney, that's basically what you're saying, we're not doing anything wrong. I just still want the question to be answered as to whether or not -- and then -- it was already deferred, so I understand that. The company is based where? I didn't get the answer. Mr. Robertson: I don't know their address. I can look it up in our Oracle system. Commissioner Spence -Jones: Are they -- okay -- in the City? Are they in the County? Are they in West Palm Beach? Are they in North Florida? Mr. Robertson: Without knowing their address, I can't answer that question. Commissioner Spence -Jones: Okay. And you said that, again, that might have been an ordinance or something that was passed while I was gone. Obviously it was. City ofMiami Page 37 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Vice Chair Carollo: Yes. Commissioner Spence -Jones: He's saying yes, okay. Vice Chair Carollo: I think so. I think -- Commissioner Spence -Jones: So if it was passed while I was gone -- when did this bid go out? Mr. Robertson: It went out -- Commissioner Spence -Jones: 'Cause I've been gone for two years, so it went out -- Mr. Robertson: It was advertised around October 2010. Commissioner Spence -Jones: Oh, so it's been going on this long? Mr. Robertson: The -- Chair Gort: It's been a year. Mr. Robertson: It's been a year. The original pre proposal conference that we had for this RFP was -- had zero attendance so we pushed the proposal deadline out a month. We hosted a second pre -proposal conference, which we specifically reached out to the current incumbent and other vendors. We had greater attendance at the second meeting. We discussed the RFP requirements in detail. We went over what the proposal submittal guidelines were. It was very clearly communicated to all the companies. Chair Gort: Okay. When you come back -- I'm sorry. Commissioner Spence -Jones: Just give me -- (UNINTELLIGIBLE) what -- the company that -- Ms. Thompson: I'm sorry. Commissioner Spence -Jones: -- won again was who? Mr. Robertson: Ultimate Catering. Commissioner Spence -Jones: Okay. So local preference was included in the process then, right? Mr. Robertson: Local preference was not part of the evaluation criteria. Mr. Martinez: And they're out of -- Commissioner Spence -Jones: But it's on the evaluation, though. Mr. Robertson: No, it's not. Commissioner Spence -Jones: Are you sure? Mr. Robertson: Yes. The evaluation criteria were 25 points for qualification and experience of the proposer. Commissioner Spence -Jones: Am I reading this wrong? Response criteria: local preference. Am I reading something wrong? City ofMiami Page 38 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Mr. Robertson: What are you looking at? That's a standard checklist that we use for bids and RFPs. I'm referring to the actual evaluation criteria in the RFP document. Commissioner Spence -Jones: Okay, so if that's the -- I'm just asking. 'Cause this says local preference on here, so obviously -- Mr. Robertson: Correct. Commissioner Spence -Jones: -- whatever document you're looking at, what is in -- Mr. Robertson: For -- Commissioner Spence -Jones: It's saying in here that obviously it's something that's important, right? Mr. Robertson: It's something that we check universally for all bidders and proposers. Commissioner Spence -Jones: So it's not -- Mr. Robertson: It doesn't necessarily apply to the overall evaluation of the RFP in terms of a point value. Commissioner Spence -Jones: Why? Mr. Robertson: Because it wasn't in 18-86 of the code. We had no authority to -- Commissioner Spence -Jones: Well, then why do you have it on the sheet? Mr. Robertson: That's a standard spreadsheet that we use to evaluate bid responses. Commissioner Spence -Jones: You know -- we both know that don't make sense, right? Mr. Robertson: It's a standard form where we evaluate bid responses. Commissioner Spence -Jones: We deferred the item, right? Chair Gort: Right. Commissioner Spence -Jones: Okay. Vice Chair Carollo: We need to vote. Chair Gort: Let me ask you a question. You get an opportunity to come back later. Let me ask you a question. My understanding is, you're saying they're willing to pay $56, 000 a month -- Mr. Robertson: A year. Chair Gort: -- a year at the police station and 11,000 at the MRC (Miami Riverside Center). Mr. Robertson: Correct. Chair Gort: Okay. When you come back -- we defer this for the next meeting -- I'd like to get the revenues produced by the police cafeteria and the revenue that's produced way back by the MRC. And maybe in the meantime you can sit down and talk to these gentlemens [sic], okay. Thank City ofMiami Page 39 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 you. All in favor, state it by saying "aye. " The Commission (Collectively): Aye. Vice Chair Carollo: And Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: A deferral is for -- to December 15? Chair Gort: Yes. Vice Chair Carollo: Madam City Clerk, December 15. Ms. Thompson: That's what I understood. Vice Chair Carollo: Okay. Ms. Thompson: Yes. Thank you. Commissioner Suarez: Is that for both items or just one? Chair Gort: Thank you. Vice Chair Carollo: CA.7 and CA.8. Chair Gort: Okay, we had the -- Vice Chair Carollo: Mr. Chairman. Chair Gort: -- four fifth. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Is it possible -- would it be out of line to maybe take a PZ (Planning & Zoning) item that was heard in the last meeting with no controversy whatsoever? I see the owner of one of the buildings here or -- the locations. Chair Gort: We will have to break and reopen again for -- to do that. Ms. Thompson: That is correct. You have two separate agendas. Chair Gort: I don't think we have that much to go. Vice Chair Carollo: No, I -- well, I'll take your lead if you tell me that we don't have too much to go. I'll go by what you're saying. CA.8 RESOLUTION 11-01014 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), ACCEPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE THAT THE TOP -RANKED FIRM, PURSUANT TO REQUEST City ofMiami Page 40 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 CA.9 11-01039 Office of the City Attorney FOR PROPOSALS NO. 226249, FOR FOOD AND BEVERAGE CONCESSIONS AT THE CITY OF MIAMI OWNED PROPERTY KNOWN AS THE CITY OF MIAMI POLICE HEADQUARTERS BUILDING LOCATEDAT400 NORTHWEST2NDAVENUE, MIAMI, FLORIDA, IS ULTIMATE CATERING LLC; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONCESSION AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE, WITH TERMS AND CONDITIONS STATED HEREIN AND AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. 11-01014 Summary Form.pdf 11-01014 Legislation.pdf 11-01014 Exhibit 1.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones A motion was made by Commissioner Suarez, seconded by Vice Chair Carollo, and was passed unanimously, to move CA.8 from the Consent Agenda to the Regular Agenda for discussion. Note for the Record: For minutes related to CA.8, see CA.7. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MARIA PENTON THE TOTAL SUM OF $35,000, WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE OF MARIA PENTON VS. THE CITY OF MIAMI, PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 09-3257 CA 31, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE DEFENDANT WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 11-01039 Memo - Office of the City Attorney.pdf 11-01039 Memo - Financial Signoff.pdf 11-01039 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0456 Adopted the Consent Agenda Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, 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 City ofMiami Page 41 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Chair Gort: Okay. Do I -- need a motion on consent agenda on the items remaining. Vice Chair Carollo: Mr. Chairman, I'm sorry. Can I also pull CA.3 and 6? CA.3 and 6 ftom the consent agenda, and then I'll make a motion to -- Commissioner Suarez: Second. Vice Chair Carollo: -- move the rest of the consent agenda. Commissioner Suarez: Second. Chair Gort: What's left to move? Commissioner Suarez: Whatever it is, second. Vice Chair Carollo: CA.9, CA (Consent Agenda) -- Commissioner Spence -Jones: CA.3 and CA what now? Vice Chair Carollo: I want to -- Chair Gort: CA.3 and CA.9 is the only left -- Vice Chair Carollo: No. Priscilla A. Thompson (City Clerk): No, no. Vice Chair Carollo: I want to pull CA.3 and CA.6. Commissioner Spence -Jones: Oh, CA.6. Commissioner Gort: Okay. Ms. Thompson: So you have left, if I'm not mistaken, CA. 4 and CA.9. Commissioner Spence -Jones: Basically. Chair Gort: Okay. Do I have a motion? Vice Chair Carollo: I made a motion. Ms. Thompson: Yes. Vice Chair Carollo: And Commissioner Suarez second it for -- Chair Gort: Okay. Vice Chair Carollo: -- the rest of the consent agenda. Ms. Thompson: No, no, no, no. Vice Chair Carollo: No? Ms. Thompson: I'm sorry. What you're going to need to do is you need that motion for pulling the CA.3 and 6 and placing those to the regular agenda and then we can -- City ofMiami Page 42 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Vice Chair Carollo: It's a motion to pull, Madam City Clerk? Ms. Thompson: Yes. Unidentified Speaker: (UNINTET,TIGIBT,F). Ms. Thompson: I'm sorry? Unidentified Speaker: (UNINTET,TIGIBT,F). Ms. Thompson: Yes. We normally -- ifI might. You remember in our last motion, part of moving to the regular agenda is via motion. All of those are -- Unidentified Speaker: (UNINTET,T IGIBT ,F). Ms. Thompson: Okay. You're actually amending your printed agenda. Chair Gort: Right. Commissioner Suarez: I'll move it. Vice Chair Carollo: I second. But we -- Chair Gort: Okay, the maker of the motion accept the amendments and the second of the motion accept it also. Commissioner Suarez: Yes. Vice Chair Carollo: Yes. Chair Gort: And we understand the motion now. Commissioner Suarez: Yes. Vice Chair Carollo: Yes. Chair Gort: Okay. All in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Thompson: Regular agenda now -- I'm sorry, your consent agenda now consists of CA. 4 and CA.9. Vice Chair Carollo: So move. Commissioner Suarez: Second. Commissioner 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. PUBLIC HEARINGS 9:00 A.M. City ofMiami Page 43 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 PH.1 11-00762 Department of Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE TRANSFER OF THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT 2009 ESG ADMINISTRATION FUNDS, IN THE AMOUNT OF $6,972.86; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI NEIGHBORHOOD ENHANCEMENT TEAM HOMELESS ASSISTANCE PROGRAM, TO CONTINUE TO PROVIDE HOTEL ACCOMMODATIONS TO HOMELESS FAMILIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 11-00762 Summary Form.pdf 11-00762 Notice to the Public.pdf 11-00762 Pre-Legislation.pdf 11-00762 Legislation.pdf 11-00762 Exhibit 1 SUB.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0461 Chair Gort: Regular agenda, PH.1. George Mensah: Good morning, Commissioners. George Mensah, director of Community Development. PH.1 is an item that has been deferred a number of times. It was intentionally -- initially meant to provide funding for Sundari, and I'm here to make a change on the floor to say that the initial $47,907 that was supposed to be de -obligated from the NET (Neighborhood Enhancement Team) office will remain at the NET Homeless office; and then -- and that we transfer $6, 972.86 from ESG (Emergency Shelter Grant) administration back to the NET office. The NET office will use these funds for hotel accommodations. Chair Gort: What was that again? The NET office will use the funds for? Mr. Mensah: For hotel accommodations for their -- hotel and motel accommodations for -- Commissioner Spence -Jones: For hotels. Mr. Mensah: -- the homeless. Chair Gort: Okay. Mr. Mensah: Just as a way of explanation, these funds have a limitation as to how much you can use for outreach activities. Every year when we provide these funds to the NET office, we have to get a waiver from HUD to be able to use it for the activities that the NET office use. That waiver last us for two years. So after two years, you cannot use it for the same level of outreach that they've been using. So the only eligible activity would be for serving the homeless directly, and that is -- and the only direct activities that they provide is providing hotel beds for the homeless. Chair Gort: Okay. Commissioner Spence -Jones: Mr. Chair -- oh. City ofMiami Page 44 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Chair Gort: It's a public hearings [sic]. Open to the public. Yes, sir. Mariano Cruz: Morning. Mariano Cruz, chairman ofABDA (Allapattah Business Development Authority), 2634 Northwest 21 Terrace. Mr. Sarnoff, congratu -- I knew. I told you I see you there the next meeting, okay. You still there, okay. I am not complaining about the Lotus or anything. But many businessmen in Allapattah have complained to me about the homeless bugging the customer, the employee. I went last night to the Walgreen, 17 and 20. There's a lady there with a small puppy. And told her, listen, I can take you to a shelter. She said, oh, no, no, no. They won't take my puppy and that's my only personal property that I've got. So I don't know (UNINTET,TIGIBT,F) can take you to Camillus House, to Lotus, to Better Way, to Salvation Army, rescue mission, to any place. But she say, they don't take me there because I have a pet. I don't know what the procedures are there. There is another guy that sit there, a veteran like me, 10: 51: 53 collect disability. He get maybe $2,000 a month. He's there asking for money, bugging the people that come there. You go to the post office, 18 and 28, and people are sleeping there at nighttime at the front door, leaving all the mess there. Why should --? That doesn't happen in Coral Gables or Aventura. Why it have to happen in Allapattah. Go to 17 Avenue, between 32 and 33, it's a lady there homeless. She start throwing bottles and everything to everybody. Do we have to stand for that? So I question the money that we spend for the homeless 'cause we pay the, you know, food and beverage tax (UNINTET,TIGIBT,F), all kind of money. It's a lot of people making money out of the homeless, but maybe the money is not going -- whatever their outreach program. Get all those people that are in front of the business there. Allapattah pays more taxes than any other place in the City ofMiami, and we are fed up with that. And they got me as their chairman andl take it very seriously. I don't get paid for being chairman of Allapattah, but I want the money that I pay, federal money, used properly. I know Lotus is a good program. I am with them, but you have a discussion item later on concerning the homeless program. Chair Gort: Thank you, sir. Mr. Cruz: Thank you. Chair Gort: So you're in favor of it. Thank you. It's important that the people understand, we report the homeless and we have a very active homeless that they'll be able to explain themself [sic]. Unfortunately, a lot of those people that stands in the corner, you'd be surprised how much money they make. They all are being offered help, but they will not want the help or the assistance. We spend over $20 million a year in trying to help the homeless. A lot of them don't want to be helped. They make more money standing on the corner. That's why we ask people, be careful. Okay, any further discussion? Commissioner Spence -Jones: I just wanted to have clarity on the issue 'cause I'm -- clearly, this is from my allocation, correct, George? This is a part of -- this particular project is Lotus House that is actually -- the funds will be taken --? Mr. Mensah: Yeah. Lotus House is in District 5, but the allocation is a citywide allocation. Commissioner Spence -Jones: Okay, so -- and that -- I guess what I wanted to be clear, based upon the conversation Haydee andl had -- you had here, that was one of the issues, is that, you know, NET needed the -- could use the additional dollars for the beds. I just want to be clear before that decision is made because I don't want to take anything away from Lotus House andl want to be clear on that, you know. That's not the objective, but based upon the couple of discussions that we've had up here, that the resources could definitely be used in NET to assist with the homeless being placed in shelters. Is that correct? Haydee Wheeler: Yes, correct, Commissioner. Good morning. Haydee Wheeler, director of City ofMiami Page 45 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 NET. With me today is also Sergio Torres, the administrator of the program. The program can always use the extra dollars. We did get extra dollars from the Trust and this money will be used actually for the hotels for the families. Commissioner Spence -Jones: Right. Ms. Wheeler: And we've talked to Mr. Mensah. We'd have to use them before the period of March, and it will be used only in hotels that we house the homeless families in the City of Miami. Commissioner Spence -Jones: Okay. So just so that my colleagues now know, even though it was focused on -- in my district, Lotus House in the very beginning, now these particular dollars will now leave it open for any district that may need to have -- correct, George? -- any individuals that may need help in their respective areas, correct? Ms. Wheeler: It is correct. We have no boundaries when we come out to get the families. Commissioner Spence -Jones: Right. Ms. Wheeler: So we will actually assist anyone throughout -- Commissioner Spence -Jones: I just want to make sure you -- guys, you have enough to serve the people. That's really important to me. Ms. Wheeler: It's difficult times, so it will help, yes. Commissioner Spence -Jones: Okay. Chair Gort: Thank you. Yes, ma'am. Priscilla A. Thompson (City Clerk): You need to close your public hearing. Chair Gort: Public hearing's closed. Any further discussion? Do I have a motion? Commissioner Sarnoff.. So move. Commissioner Spence -Jones: Second. Chair Gort: Moved by Commissioner Sarnoff, second by Commissioner Spence -Jones. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. PH.2 RESOLUTION 11-00846 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING THE CITY OF MIAMI DEPARTMENT OF Development COMMUNITY DEVELOPMENT REVISED MANUFACTURED HOME DOWN PAYMENT ASSISTANCE PROGRAM POLICIES, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, AND THE REVISED POLICIES FOR DEVELOPERS IN CITY COMMISSION DISTRICT 1, AS DESCRIBED IN EXHIBIT"B", ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE(S). City ofMiami Page 46 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 11-00846 Summary Form.pdf 11-00846 Notice to the Public.pdf 11-00846 Pre-Legislation.pdf 11-00846 Legislation.pdf 11-00846 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0462 Chair Gort: PH.2. George Mensah (Director, Community Development): PH.2 is a request for the approval of the revised Manufactured Home Down Payment Assistance Program policy, and this program was designed specifically in District 1. The new policy make certain changes and the changes are as follows. The maximum subsidy amount for the program was moved from $14, 999 to $14, 000, and with that increase in the maximum subsidy comes the increase of the affordability period from five years to ten years. In addition, the lease on any land that is -- that will be allocated as subsidy will go from five years to ten years. And those are the changes that was made to the program. Chair Gort: Okay, thank you. My understanding, before any -- that gets accomplished, the people have to sign a lot of documents and a lot of commitments they have to make before it can be awarded. Mr. Mensah: Yes. Chair Gort: Okay. Mr. Mensah: Those are the affordability periods, yes. Chair Gort: Public hearings [sic]. Is anyone in the public would like to address? Okay, public hearing's closed. Do I have a motion? Commissioner Spence -Jones: Second. So moved. Vice Chair Carollo: Second. 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. PH.3 RESOLUTION 11-01015 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community EXTENSION OF THE AGREEMENT END DATE BETWEEN THE CITY OF Development MIAMI AND THE LITTLE HAITI HOUSING ASSOCIATION, INC. FROM SEPTEMBER 30, 2011 TO SEPTEMBER 30, 2012, FOR PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. City ofMiami Page 47 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 11-01015 Summary Form.pdf 11-01015 Pre-Legislation.pdf 11-01015 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0463 Chair Gort: PH.3. George Mensah (Director, Community Development): PH.3 is a resolution authorizing the City Manager to grant additional time to execute the agreement between the Little Haiti Housing Association and the City ofMiami, extending the agreement date from September 30, 2011 to September 30, 2012 for public facilities and improvement activities. And this is as a result of the fact that the association -- the Little Haiti Housing Association was unable to provide insurance acceptable to the Risk Management Department. They've been able to provide those insurances and be able to now go into contract with them. So this is just to ask for an extension of time. Chair Gort: Okay, public hearing's opened. Anyone in the public would like to address the Commission? Being none, public hearing's closed. Commissioner. Commissioner Spence -Jones: So moved. Vice Chair Carollo: Second. Chair Gort: Been moved by Commissioner Spence -Jones, second by Vice Chairman Carollo. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Mensah: Thank you. Chair Gort: PH.4, withdraw. PH.4 RESOLUTION 11-00942 Department of Human A RESOLUTION OF THE MIAMI CITY COMMISSION, BYA FOUR -FIFTHS Resources (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI FOR CONSULTING SERVICES FORA POLICE LIEUTENANT EXAMINATION PROCESS; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENTS ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE CONSULTING FIRM THAT CURRENTLY HAS A PSA WITH THE CITY, EB JACOBS LLC, TO PROVIDE AND ADMINISTER A PROMOTIONAL EXAMINATION PROCESS FOR THE CLASSIFICATION OF POLICE LIEUTENANT FOR THE DEPARTMENT OF HUMAN RESOURCES, FOR A MAXIMUM AMOUNT OF $381,816.69, AS STATED HEREIN. City ofMiami Page 48 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 11-00942 Summary Form.pdf 11-00942 Memo - Police Exam Contract.pdf 11-00942 Notice to the Public.pdf 11-00942 Pre-Legislation.pdf 11-00942 Legislation.pdf 11-00942 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PH.5 11-01016 Department of Parks and Recreation 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 MANAGERS RECOMMENDATIONS AND FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86(A) (3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY OF MIAMI'S ("CITY'S") DEPARTMENT OF PARKS AND RECREATION THAT THE FOUNDATION OF COMMUNITY ASSISTANCE AND LEADERSHIP ("FOCAL"), INC., A FLORIDA NOT -FOR -PROFIT CORPORATION, IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE AFTER SCHOOL TUTORING, COUNSELING, A ND COMPUTER EDUCATIONAL SERVICES FOR AT RISK YOUTH AT THE CITY'S MOORE PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE SERVICE AUTHORIZATION LETTERS AND TO EXECUTE A PARKS AND RECREATION SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FOCAL TO CONTINUE THE AFTER SCHOOL PROGRAM SERVICES, FOR THE CONTRACT PERIOD COMMENCING OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2012, WITH THE OPTION TO RENEW FOR A ONE-YEAR PERIOD, UNDER THE SAME TERMS AND CONDITIONS, IN AN ANNUAL AMOUNT NOT TO EXCEED $94,452; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $94,452, FOR FISCAL YEAR 2011-2012, FROM THE PARKS AND RECREATION GENERAL FUND ACCOUNT NO. 00001.291001.882000.0000.0000, WITH FUTURE FISCAL YEAR FUNDING SUBJECT TO BUDGETARY APPROVAL. 11-01016 Summary Form.pdf 11-01016 Memo - Notice to the Public.pdf 11-01016 Memo -Auth. Agreement FOCAL.pdf 11-01016 Legislation.pdf 11-01016 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0464 Chair Gort: PH.5. City ofMiami Page 49 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 PH.6 11-01019 Department of Parks and Recreation Ernest Burkeen (Director, Parks & Recreation): PH.5. This is a resolution authorizing a new agreement with the Foundation of Community Assistance and Leadership, Incorporated for their after -school tutoring, assistance and computer training service. Chair Gort: Thank you. Public hearing's opened. Anyone in the public would like to address this issue? Being none, public hearing's closed. Vice Chairman. Vice Chair Carollo: Mr. Chairman, thank you. Once again, I don't know who my staff sent the question in to. I don't know if it was to the City Manager's office and then it got dispersed to, you know, Grants or so forth, but I would like to see a listing of all the after -school tutoring dollars that's going to the different districts, and more specifically District 3, to see how we can improve on that. So that's all have. Chair Gort: Okay. Commissioner Spence -Jones: So moved. Vice Chair Carollo: Second. Chair Gort: It's been moved by Commissioner Spence -Jones, second by Vice Chairman Carollo. This is a -- no further discussion. All in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86(A) (3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY OF MIAMI'S ("CITY'S") DEPARTMENT OF PARKS AND RECREATION THAT BELAFONTE TACOLCY CENTER, INC. ("BTC"), A FLORIDA NOT -FOR -PROFIT CORPORATION, IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE THE SPORTS DEVELOPMENT PROGRAM AT THE CITY'S BELAFONTE TACOLCY PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE SERVICE AUTHORIZATION LETTERS AND TO EXECUTE A PARKS AND RECREATION SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BTC, TO CONTINUE THE SPORTS DEVELOPMENT PROGRAM, FOR THE CONTRACT PERIOD COMMENCING OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2012, WITH THE OPTION TO RENEW FOR A ONE-YEAR PERIOD, UNDER THE SAME TERMS AND CONDITIONS, IN AN ANNUAL AMOUNT NOT TO EXCEED $86,675; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $86,675 FOR FISCAL YEAR 2011-2012, FROM THE PARKS AND RECREATION GENERAL FUND ACCOUNT NO. 00001.291001.882000.0000.0000, WITH FUTURE FISCAL YEAR FUNDING SUBJECT TO BUDGETARY APPROVAL. City ofMiami Page 50 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 11-01019 Summary Form.pdf 11-01019 Memo -Auth. Agreement - Belafonte Tacolcy.pdf 11-01019 Notice to the Public.pdf 11-01019 Legislation.pdf 11-01019 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0465 Chair Gort: PH.6. Ernest Burkeen (Director, Parks & Recreation): PH.6 is a resolution authorizing a new agreement with the Belafonte Tacolcy Center to operate the Sports Development Program at the Belafonte Tacolcy Park. Chair Gort: Okay. This is a public hearing. Is anyone in the public would like to address PH.6? Show -- none show, the public hearing is closed. Commissioners, discussion? Commissioner Spence -Jones: So moved. Chair Gort: Motion? Commissioner Suarez: Second. Chair Gort: It's moved by Commissioner Spence -Jones, second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. PH.7 RESOLUTION 11-00974 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "MUSEUM PARK", A REPLATANDASUBDIVISION 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. 11-00974 Summary Form.pdf 11-00974 Notice to the Public.pdf 11-00974 Memo -Accepting Propose Plat - Museum Park.pdf 11-00974 Legislation.pdf 11-00974 Exhibit 1.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 51 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0466 Chair Gort: PH.7. Nzeribe Ihekwaba (Director): Good morning. Zerry Ihekwaba, Public Works. PH.7 is a resolution accepting the final plats ofMuseum Park from City ofMiami and Miami -Dade County; and also to authorize the City Manager to execute the related documents for its recordation in the public records ofMiami-Dade County. This plat is located at -- on the east side of Biscayne Boulevard between Northeast 9th Street and 13th Street, and it compromises two tracts of land. One tract of land will house the Miami Art Museum, as well as the Miami Science Museum, and the second tract will be occupied by Miami -Dade County Public -- Water and Sewer for the sanitary sewer pump station number two. The City Administration has found this plat to be in compliance for presentation for approval today. Any question? Chair Gort: Thank you. We now open the public hearings [sic]. Is anyone in the public would like to address this issue? Showing none, public hearing's closed. Commissioner Sarnoff. So move. Chair Gort: It's been moved by Commissioner Sarnoff. Commissioner Spence -Jones: Second. Chair Gort: Second by Commissioner Suarez. Any further discussion? Discussion? Commissioner Suarez: Sure. Commissioner Spence -Jones: I have no discussion. Vice Chair Carollo: Mr. Chairman. Commissioner Spence -Jones: You have discussion? Chair Gort: Yeah. Wait a second. Discussion. Yes. Vice Chair Carollo: Yeah, Mr. Chairman. Just for discussion, I'm going to be voting in favor of this because, I mean, everything has been said already, you know, from previous administration and so forth andl inherit what's happening. However, I'm just saying this also hinders Bayfront Park's ability to do various events that have been going on for many, many years and have been able to obtain the revenues that they have in order to maintain the park. So I just want to put that for the record. I will, you know, be voting in favor of this once again because I've inherit, you know, previous votes and this is, you know, more than on its way of happening. Thank you. Chair Gort: Thank you. Any further discussion? Okay. All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: PH.8 has been deferred. PH.8 RESOLUTION 11-00774 Department of Parks A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH and Recreation ATTACHMENT(S), BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, City ofMiami Page 52 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 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: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones SR.1 11-00428 Department of Planning and Zoning END OF PUBLIC HEARINGS ORDINANCES - SECOND READING ORDINANCE Second Reading (4/5TH VOTE) AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 62/ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED," MORE PARTICULARLY BY DELETING LANGUAGE IN DIVISION 1, ENTITLED "TEMPORARY EVENT PERMITS" AND 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 Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Suarez Noes: 2 - Commissioner(s) Gort and Spence -Jones 13291 City ofMiami Page 53 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Chair Gort: SR.1. Barnaby Min: Good morning. Barnaby Min, Zoning Administrator. SR.1 is amendment to Chapter 62 to create new regulations for the erection of temporary banners that are put up when they're in conjunction with special events. Chair Gort: Okay. My understanding is we sent you some e-mail (electronic) about the banners. My understanding is the 100 foot banners can only have 25 percent that can be utilized. They can either use the word -- they cannot use the word. They will have to put a picture saying what they're selling in the banners. Mr. Min: Correct. Currently as drafted, the limitation is that any commercial message, the text is limited to 25 percent of the sign area, so that applies to all temporary banners. That's how it's currently drafted. I had spoken to your staff andl believe one of the suggestions by one of your staff members is to perhaps exempt signs that are less than 100 square feet in sign area from that limitation; for instance, grand openings, Christmas tree sales, firework sales, things like that. They obviously need to have signs with larger text, which the Administration is not opposed to if that's a amendment that was to be made on the floor. Chair Gort: Okay. Thank you. Mr. Min: And this does actually require a four fifths vote as suggested because the enforcement action for a violation of this ordinance would be punishable by up to $1, 000 for a first-time offender and -- Chair Gort: Right. Mr. Min: -- and $5, 000 for a second -time offender. Chair Gort: Okay, we'll go to the next one. Mr. Min: My apologies. Chair Gort: SR. 2. Mariano Cruz: So we (UNINTELLIGIBLE)? Commissioner Sarnoff.. It's tabled. We'll just come back. Chair Gort: It's tabled. Commissioner Sarnoff.. We'll come back to it. Chair Gort: We need four fifths vote. Mr. Cruz: Okay, yeah. [Later...] Chair Gort: Okay, to finish this one, we had CR. 2 [sic]. Commissioner Spence -Jones: CR -- huh? Chair Gort: We have the -- City ofMiami Page 54 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Priscilla A. Thompson (City Clerk): SR.1. Chair Gort: SR.1. Commissioner Spence -Jones: Yeah, SR.1, we're going to deal with when we get to -- Chair Gort: (UNINTET,T IGIBT ,F) legislation. Commissioner Spence -Jones: Yeah. Chair Gort: All right. We had the other one where we need the four fifth vote. Unidentified Speaker: I'm sorry. I -- Victoria Mendez (Assistant City Attorney): SR.1 is the one that needs the four -fifth vote. Mr. Min: I believe Commissioner Spence -Jones may have been speaking of SR. 2. Commissioner Spence -Jones: I'm speaking of SR.2. Mr. Min: Yes. Chair Gort: Yeah. Mr. Min: SR.1 is the one that needs a four fifths vote. Chair Gort: Right. Mr. Min: Barnaby Min, Zoning administrator. SR.1 is for second reading. It's amendment to Chapter 62 of the City code, to create new regulations for the erection of temporary banners that are erected in conjunction with temporary special events. It requires a four fifths vote because of the enforcement action. If there's a first-time offender, it's punishable by up to $1, 000 per diem fine; a repeat offender is punishable by up to $5, 000 per day. The discussion we had this morning for a possible amendment on the floor would be the -- as it's currently drafted. Text is limited to 25 percent of the sign area. Obviously, for signs that are less than 100 square feet in sign area that's perhaps a little too burdensome, so I believe there's -- I'm suggesting a possible amendment on the floor to limit that to only signs that are over 100 square feet in a sign area. Chair Gort: Okay. Is there a motion? First of all, this is a public hearing. Is anyone open [sic] in the public would like to address this issue? Is anyone in the public would like to address this issue? Being none, close the public hearings [sic]. Commissioner Sarnoff. Commissioner Sarnoff. I move to approve without the amendment. Chair Gort: There's a motion to approve without the amendment. Mr. Min: And Mr. Chair, ifI may. For some reason, I get the feeling that this is -- the Commission may be hesitant to adopt this ordinance, but I would like to remind the Commission we don't have any regulations right now for temporary banners so they're going up and we can't really say no. There's no way for us to regulate them, so we're simply asking for regulations so we can actually look at them with -- Chair Gort: Okay. Mr. Min: -- applicable criteria, evaluate them, and realize when they're actually good for the City ofMiami Page 55 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 community and badfor the community. Chair Gort: There's a motion to move without -- Commissioner Spence -Jones: I'm just saying -- my concern, Barnaby, is just -- my biggest concern is I could just see this thing getting out of control. Mr. Min: And that's my problem. Without regulations -- Commissioner Spence -Jones: But -- it's not -- is it happening right now? Is the Adrienne -- I'm just using the Adrienne Arsht as being -- are they throwing up anything, any temporary banners right now? Mr. Min: They do. Commissioner Spence -Jones: They do. Mr. Min: Yes, ma'am. Commissioner Spence -Jones: Where? On which -- on their lots or is it --? Mr. Min: On their building. They -- Commissioner Spence -Jones: On their building. Mr. Min: Correct. Commissioner Spence -Jones: So you're saying you want us to be able to control what they're putting on their building? Mr. Min: If we want to talk about the Arsht Center, yes. The Arsht Center would be subject to this ordinance, but also banners that are erected in conjunction with Art Basel, banners that are erected in conjunction with Ultra Fest, banners that are erected in conjunction -- Commissioner Spence -Jones: Do you think you could --? Mr. Min: -- with any special event. Commissioner Spence -Jones: Barnaby, do you think this is also going to encourage it too? Mr. Min: No, ma'am, because, again, it's already allowed. Commissioner Spence -Jones: Right. Okay. Mr. Min: And in fact, this would arguably discourage it because the pricing structure is much more burdensome than it is currently. Currently you can erect a banner with no size limitations for only $153. The current legislation limits the size and increases the fee depending on the size of the banner. Commissioner Spence -Jones: So this has no -- there's no advertising or anything that's going to be attached to this at all? Just strictly -- so it can't be Coca-Cola presents the Youth Ballet? Mr. Min: It could be. And if -- again, I would prefer, rather than not supporting the ordinance, if you wanted to make amendments on the floor, that's my preference because, again, I understand your concern, but that concern exists today and that could happen today and it does City ofMiami Page 56 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 happen now. You have the Miami Herald coming in saying -- Commissioner Spence -Jones: I gotcha. It's kind -- it just kind of reminds me of that SR.2 item that we're going to talk about later. It's like voting on something that you know you don't really feel good about, but it's like we got to do something. That's what it kind of feels like to me, you know, so I just think that there's a lot -- Mr. Min: And I'll just let you know from the currently experiences -- again, just so you understand the process and how it's happening now. When somebody applies for a temporary banner, the application comes in; it gets referred to various departments for review. One of the departments it gets referred to is Planning because we want to look at how it affects the community and whether it's good from a Planning perspective. Commissioner Spence -Jones: Right. Mr. Min: Planning, 99 percent of the time, can't say no because there is no criteria for any department in evaluating whether a banner's good or bad for the community to say no. So because of that, the default is yes, and these banners are being erected. Commissioner Spence -Jones: Right. So -- I don't know, Barnaby. I have a lot of concern. I mean, you know I've had concerns with it from -- Mr. Min: Yes, ma'am. Commissioner Spence -Jones: -- day one of my briefing. So I know the Commissioner has voted -- has moved on it, but it's not like I haven't been communicating this from day one. I just feel like we have too much banners, too much everything happening already. Every time we turn around, I see something else happening, so -- Mr. Min: And all could tell you is those banners are -- the ones that are coming in, again, come in our current regulations, and probably the majority of them are illegal, and all that Code Enforcement can do is cite them with a little ticket. The proposed legislation would allow the violation to be punishable by a $1, 000 per day for a first-time offender and $5, 000 a day for a second -time offender. So there's actually more enforcement action as well with the current proposed ordinance. Victoria Mendez: Commissioner, if I may. Victoria Mendez, on behalf of the City Attorney's office. Basically, we already have something in place, but it has no teeth. It cost about $150 and you could get a church sign to sell Christmas trees or you could put, you know, a banner with a Guess girl on it saying "Welcome to Art Basel," exactly the same. But this regulation actually lets us enforce, through Code Enforcement, with much more teeth, and it also has a better pricing structure for the City in order to be able to go out and monitor these things appropriately. And also, it allows for more criteria with regard to planning and such. So even though you might not be thrilled with this ordinance, it is much better than what we have. So I don't know if that will -- Commissioner Spence -Jones: Yeah. I -- Ms. Mendez: -- allay your concerns a little better. Commissioner Spence -Jones: Maybe I just need to be massaged a little bit more. Again, I'm only one vote, so -- but personally, I feel like either we need to work a little bit more on it, but I just don't want this to become, okay, now it's okay to do it, you know. So -- Ms. Mendez: The only thing is that right now you could put some of these banners up and not have the regulations in place. This would control it better. It would give the Zoning City ofMiami Page 57 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 administrator and the Planning Department much more criteria with which to regulate more ability to say no as opposed to how it's presently structured, that you just give a permit and that's it. Commissioner Spence -Jones: Or to say yes, too, right? Ms. Mendez: Well, I think here we can actually say no more than -- Mr. Min: Because this does in fact have objective criteria. Chair Gort: Okay, we have a motion. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Thank you. You know, Mr. Min, when you mentioned that you're feeling the hesitation from the Commission, at least from this Commissioner, I'm also very hesitant with this ordinance. I -- you know, I just don't feel comfortable with it right now. I think we need to massage it a little bit more. You know, I won't hold it up if we want to take a vote, but you know, I don't see me voting in favor of it right now. Chair Gort: Okay, any further discussion. Commissioner Suarez: Yes, Mr. Chairman. Chair Gort: Yes, sir. Commissioner Suarez: I think -- I don't know if it's just like something that doesn't want to be said. I think the reason why this hesitation is it's not necessarily because of your work or anything, you know, your work on this product. It has to do more with perception, I think, that exists outside of the City that we are somehow proliferating or we are sanctioning commercial messages all over the place. I think that's really what the concern is. Andl think the concern that you're hearing from the Commission is a reluctance to legislate something that will feed into that perception. So I don't want to speak for them. I'm not speaking for them, but that's my perspective, that's my fear. So I don't know that, you know, what can be done in this legislation that will allay the concerns that people may have regarding that, andl don't know what specific concerns other members of the Commission may have, or what specific suggestions or problems they have with specific parts of the ordinance as presented to us, so --I mean, I think that's really where the -- you know, to hit the nail on the head, I think that's really where the concern is coming from, and that's why we -- you know, this has been something that we've grappled with, you know, and we've deferred and grappled with and deferred, and think that's where the problem is, you know. I think certainly we don't want to give that impression and, you know -- andl don't know what can be done to make it more palatable for us. Mr. Min: Mr. Chair, ifI may? Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. If we do nothing -- if we simply pass on this today, tomorrow, what can I do? Mr. Min: You can come in and you can apply for a banner, andl will 99 percent of the time say City ofMiami Page 58 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 yes because I have no regulations that allow me to say no. Commissioner Sarnoff.. It's big and it's bad and it's commercial messaging as I want. Mr. Min: Correct. Commissioner Sarnoff. So if this Commission does nothing today, it is encouraging proliferation of commercial messaging. Mr. Min: It would be doing the exact opposite of what am humbly asking. And ifI may, Mr. Chair. I think, Commissioner Suarez, you actually hit it on the head, that think there is, for some reason, a perception that this is pro -billboard, pro -mural, pro -commercial message. Chair Gort: It's not. Mr. Min: It is the exact opposite. And I think if you look around, when you open it up to the public hearing, there's actually nobody opposed to signs, the typical people that you hear from who got up because they understand that these are regulations that the City's trying to adopt in order to regulate and properly enforce the proliferation of these types of signs. Commissioner Suarez: Second. Chair Gort: Okay, it's been moved and second. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I definitely observed the passionate statement from Commissioner Sarnoff, and he may have a point. Shouldl vote in favor of this, I want to make sure that in the near future, we could bring it up for any adjustments, any amendments, andl know anyone -- any Commissioner could place that, but I just want to make sure that it is seen that there's a possibility that, you know, and maybe in the very next meeting -- Mr. Min: I'm happy to sit with you tomorrow, Commissioner, to see if there's another way to massage the language. Vice Chair Carollo: Maybe we could massage it. In that way, at least for now, it won't be as horrific as it sounded or the potential of being horrific, and then maybe, you know, we could make the amendments necessary for us to be -- feel comfortable, but I'm letting my colleagues know that, you know, is a possibility that do bring this back. Chair Gort: Okey-doke. This is a first reading. This is -- Mr. Min: Second. Chair Gort: -- an ordinance, my understanding. Vice Chair Carollo: Second. Ms. Thompson: Second reading. Commissioner Spence -Jones: Second reading. Chair Gort: The second reading. City ofMiami Page 59 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Ms. Mendez: Second. Vice Chair Carollo: And that's the hesitation right there, it's second reading. Chair Gort: Okay. Read it. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Ms. Thompson: This is your roll call -- Chair Gort: Roll call. Ms. Thompson: -- on your second reading ordinance, as presented, of no modification, okay. Roll call. Commissioner Spence -Jones? Commissioner Spence -Jones: No. Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: Yes. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff. Yes. Ms. Thompson: Chair Gort? Chair Gort: No. Ms. Thompson: The ordinance has been adopted, 3-2. Ms. Mendez: Now, basically, what happens is -- it's adopted, but we're going to use the regular fines pursuant to Florida statutes so it will not be the enhanced fines. It will be the regular fines, andl will make those adjustments to the legislation. Mr. Min: Thank you. Chair Gort: Okay. Thank you. [Later..] Commissioner Suarez: Madam Clerk, I just want to say something clear for the record. SR.1, which we just voted on before SR.2 -- or I don't even know if we voted on SR.2 -- did not pass, correct? Ms. Thompson: In our chart -- Ms. Mendez: The one that just -- that we voted on for -- City ofMiami Page 60 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 SR.2 11-00940 Office of the City Attorney Commissioner Suarez: Yes. Ms. Mendez: -- the banners. Commissioner Suarez: Temporary banners. Ms. Mendez: Yes. Chair Gort: It passed. Ms. Mendez: It passed. Commissioner Suarez: But needed a four fifths? Ms. Mendez: The thing -- right. That's what I had just said previously right at the end. It passed, but I will change the legislation with regard to the enhanced penalties. You need a four fifths vote for the enhanced penalties. But the legislation passes with your majority vote, but I will change the enhanced penalties to the regular penalties provided by law, per 163 Florida Statute. Commissioner Suarez: Fine. Ms. Mendez: Okay, thank you. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "PARKS AND RECREATION/USE REGULATIONS," AND CHAPTER 45 OF THE CITY CODE, ENTITLED "PUBLIC ORDER', TO REMOVE LANGUAGE INCONSISTENT WITH SECTION 790.33 FLORIDA STATUTES, AS AMENDED, MORE PARTICULARLY BY REPEALING SECTION 38-55, ENTITLED "FIREARMS, EXPLOSIVES OR AIR POWERED WEAPONS", TO REPEAL THE PROHIBITION OF POSSESSING FIREARMS IN PARKS AND BY AMENDING SECTION 45-4, ENTITLED "SAME -DESIGNATED", TO REPEAL THE REGULATION OF FIREARMS DURING A DECLARED STATE OF EMERGENCY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00940 Memo - Office of the City Attorney.pdf 11-00940 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Noes: 1 - Commissioner(s) Spence -Jones Absent: 1 - Commissioner(s) Carollo 13293 Chair Gort: SR. 2. Commissioner Spence -Jones: I thought we talked about SR.2. I wanted to table this until -- yeah, until the legislative agenda. City ofMiami Page 61 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Priscilla A. Thompson (City Clerk): I'm sorry. I didn't hear what was said. Commissioner Spence -Jones: I asked earlier, but you did ask me to mention it again, Madam City Clerk. When we got to SR.2, I wanted to table it until we got to the legislative -- Chair Gort: Right, okay. Ms. Thompson: Thank you. [Later...] Chair Gort: Commissioners, I got a couple of pocket items. Vice Chair Carollo: Thank you. Ms. Thompson: Chair -- Chair Gort: Thank you. Ms. Thompson: -- ifI might. Chair Gort: Yes. Ms. Thompson: I just want to remind you. SR. 2 is still out there. Chair Gort: Okay. Ms. Thompson: That was the one -- Chair Gort: SR.2, bring it back. Vice Chair Carollo: Defer it. Commissioner Sarnoff. Yeah, let's defer. Commissioner Spence -Jones: Okay. Can we defer the --? I would love to defer it, and hopefully by then you guys can tell me if it's possible about the gun issue. Chair Gort: Which is R.2 [sic]. Commissioner Spence -Jones: The guns in the park. Unidentified Speaker: The gun in the parks. Commissioner Sarnoff. We don't have much of a choice in the matter. We really don't. We're about to get sued. Chair Gort: Motion to defer. Commissioner Spence -Jones: No, we're not. Commissioner Sarnoff. Yeah. There's a Fort Lauderdale lawyer that put us on notice. Chair Gort: We have to, yes. City ofMiami Page 62 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Sarnoff. We don't have a choice. It's screwed up -- Chair Gort: Okay -- Commissioner Sarnoff. -- but we don't have a choice. Chair Gort: -- SR. 2. George Wysong: Thank you. George Wysong, assistant City attorney, City ofMiami. We're respectfully asking you to approve SR.2 for no other reason than to protect my Commissioners here because the statute essentially goes after the Commissioners. It says that you're subject to a $5, 000 fine. The City cannot expend public funds to defend you. And ultimately, it could be removal from office. Commissioner Suarez: Move it. Mr. Wysong: That is the power that this Florida Carry group has. Commissioner Spence -Jones: So is it a four fifths vote? Mr. Wysong: Negative. It's a -- just a vote. Commissioner Spence -Jones: Okay. Mr. Wysong: Essentially -- Commissioner Spence -Jones: That's fine. Mr. Wysong: -- all we're doing is repealing two ordinances in the City Commission. One of them is already covered in the Florida state statutes. The issue of the guns in park, Chapter 79006.12 has a list of 13 locations that even if you have a concealed weapons permit, you can't take a gun, and that's the one I gave this reference to Kirk earlier when you brought your item up and suggested that that's where the amendment would go, saying that guns should not be permissible in a park. I think a lot of communities around the state of Florida have pushed back on that very issue, and maybe we'll get some fraction on that item. Commissioner Spence -Jones: Right. Mr. Wysong: So, for the time being, we would ask you to approve SR.2. Commissioner Sarnoff. Move SR.2. Chair Gort: It's been moved. Is there a second? Commissioner Spence -Jones: No. Ms. Thompson: Yes. Commissioner Sarnoff. Sorry. Second. Ms. Thompson: Thank you. Commissioner Sarnoff. You're welcome. City ofMiami Page 63 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Spence -Jones: Register D5 (District 5) as a no on that. Ms. Thompson: Wait, wait. Commissioner Sarnoff.. No, we haven't voted yet. Commissioner Spence -Jones: Oh, okay. Commissioner Sarnoff.. Well, wait. I might -- Ms. Thompson: It is -- Chair Gort: I'm sorry. Commissioner Sarnoff.. -- join you -- Ms. Thompson: -- an ordinance -- Commissioner Sarnoff.. -- and then we'll -- Ms. Thompson: -- so we have to have a -- Commissioner Sarnoff.. -- all get sued. Chair Gort: It's an ordinance. Mr. Wysong: Okay. Commissioner Sarnoff.. So you can't do it. Ms. Thompson: Public hearing. Mr. Wysong: Go ahead. I'll go ahead and read. An ordinance of the Miami City Commission -- Ms. Thompson: I'm sorry, Chair. Mr. Wysong: I'm sorry. Ms. Thompson: You did not -- Chair Gort: Is anyone in the public would like to address this? No. Okay, thank you. Commissioner Sarnoff.. Any police officers want to come up? No. Mr. Wysong: All right. The Ordinance was read by title into the public record by Assistant City Attorney George Wysong. Ms. Thompson: Your roll call on second reading. Commissioner Spence -Jones? Commissioner Spence -Jones: No. Ms. Thompson: Commissioner Sarnoff? City ofMiami Page 64 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 FR.1 11-01020 Department of Building Commissioner Sarnoff. Yes. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Thompson: Chair Gort? Chair Gort: Yes. Ms. Thompson: Your ordinance has been adopted on second reading, 4-0. Commissioner Suarez: No. Commissioner Sarnoff. No, 3-1. Commissioner Suarez: 3-1. Mr. Wysong: No, 3-1. Ms. Thompson: I'm sorry. Chair Gort: 3-1. Ms. Thompson: 3-1. I apologize. Mr. Wysong: Thank you. Ms. Thompson: Thank you. Commissioner Spence -Jones: 3-1? END OF ORDINANCES - SECOND READING ORDINANCES - FIRST READING 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 6, ENTITLED "UNSAFE STRUCTURES", IN ORDER TO ADDRESS THE DEMOLITION OF EXISTING UNSAFE STRUCTURES WITHIN THE CITY OF MIAMI; PROVIDING FOR DEFINITIONS AND METHODS FOR THE DEMOLITION OF UNSAFE STRUCTURES; ESTABLISHING AN UNSAFE STRUCTURES PANEL; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. 11-01020 Summary Form FR/SR.pdf 11-01020 Legislation SR (Version 2).pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo City ofMiami Page 65 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Spence -Jones: FR.1, right? Chair Gort: Yes. Commissioner Spence -Jones: Okay. Chair Gort: You just did that -- no. FR.1, unsafe structure. Alice Bravo (Assistant City Manager/Chief of Infrastructure): While we wait for our Building Department director to step out, FR.1 is -- gives the City the ability to develop a panel in order to reduce the costs associated with declaring a structure unsafe and proceed on to the demolition of that structure. Chair Gort: Yes, sir. Mariano Fernandez: Mariano Fernandez, Building director. This is an ordinance that we would like to amend some of the wording for second reading, especially the wording related to the special master hearing process. We want to keep it as a panel independent from the City. The three members of the panel will be nominated by a pool by the Miami -Dade County County Clerk. Chair Gort: Be nominated by who? Mr. Fernandez: County Clerk office, Dade County. Commissioner Suarez: Mr. Chairman, ifI may. Mr. Fernandez: They have a pool of existing hearing officers and they will give us three. Chair Gort: Okay. Ms. Bravo: And these hearing officers have engineering, structural -- Mr. Fernandez: They have been -- Ms. Bravo: -- qualifications. Mr. Fernandez: Correct. They have been in an annual basis recertified. Chair Gort: Okay. Commissioner Suarez: May I? Chair Gort: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. Thank you, Mariano. Mr. Fernandez: You're welcome. Commissioner Suarez: Mr. Fernandez, I should say. Mr. Fernandez: Thank you. Commissioner Suarez: I think there was two reasons why we had come to this point. The first was wanting to streamline the process, which I think was a very frustrating process when I City ofMiami Page 66 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 started investigating it. The second one was we were told that it was going to be a cost savings potentially to the City. So I don't know if that analysis has been done and that's the only thing that I'm a little concerned about, but certainly it's a time savings. I mean, I don't think there's a doubt about that, if we have our own board that we control, you know. And thank you for all your efforts, by the way, in taking that project on very seriously. Andl don't know what number we're at right now, but you're going to tell me, more or less, right? Mr. Fernandez: Around 50 houses. Commissioner Suarez: We're on 50? Okay. Mr. Fernandez: No, no, 50. Five zero. Commissioner Suarez: Right, 50. Mr. Fernandez: I mean, I would like to be at 150, but it's still five zero. Commissioner Suarez: So -- right. And you know, I'm sure we can all recall here -- and Commissioner Spence -Jones wasn't here with us when we did this, but we were struggling to demolish one parcel which was in my district, and it was barbarian what had been done there. And now we've gotten -- not only have we gotten 50 from the City's perspective, but we've sent a message to the community that we're serious about this and now apparently the community is taking down a lot of the structures themselves because it's a lot cheaper for the private sector to do it for themself [sic], a lot faster, a lot more efficient and they have more control than for us to do it for them. So I think it's had its intended effect. I'm going to be discussing something later that relates to it, but is there any kind of cost benefit analysis? Do you have any sense of that? Mr. Fernandez: Yes, Commissioner. Originally, every time that we go with the City Attorney in front of the Miami -Dade County board for unsafe structure, it's costing the City because it's fronting the money, $1, 600 just to file, to go in front of them. In addition to that, the cost will be equal regardless where we're going because the pictures, the time of the inspectors, the lien recording, the legal background that the Law Department has to do to backing up all the case, it will be the same regardless who is the board who hearing the case, but -- Commissioner Suarez: Is -- so are you saying that under the new board that we won't have to pay that fee and there's not going to be more costs associated with us having a new board? Mr. Fernandez: Correct. The City ofMiami is not going to upfront the fee anymore if we have the panel, and that was the intention. The cost to the resident or to the owner of the property that we bring the case to it, it will be around roughly, based on what the County has been doing in the last ten years, between 2 to $300, the filing fee -- Commissioner Suarez: Right. Mr. Fernandez: -- which takes care of paying the County Clerk office for the three officers that they will be conducting the hearings. Commissioner Suarez: So the City itself will not be paying that? That will ultimately be passed along -- Mr. Fernandez: That's correct. Commissioner Suarez: -- to the offending party. I got it. Mr. Fernandez: Correct. City ofMiami Page 67 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Suarez: Okay. Chair Gort: Mariano, let me tell you. My problem is we have a lot of vacant homes and that's become a heaven for criminals. Criminals activity is taking place in those homes. We also have a lot of vacant lots. Now my understanding is -- I know you guys have been working on a procedure, but the other day I had a call from one of the individuals. The item was in front of the board here and it was asked to be demolish about eight month ago within a month and if it wasn't demolished, it would go to you, but it's taking -- I started calling myself because I answer myself the phone call. I call the different department and there was no coordinations [sic] between the department. I know you're working on that, but we have to stream this process. We have to make sure -- I also understand -- I was told by somebody in the court that you were in court the other day to get the -- with the documents saying that you have an unsafe facility ready to be knocked down and the owner of that facility showed up with those two CUs (Certificates of Occupancy) -- Mr. Fernandez: Correct. Chair Gort: -- given by the City. I mean, we need to be talking to each other. If we have an order that unsafe -- we have declare a property unsafe and you go in front of the court and then the document shows with a different document from the City saying they have a CU, that communication has got to be established somehow. Victoria Mendez (Assistant City Attorney): We still won, though, Mr. Chair. Chair Gort: No. I understand you still -- Ms. Mendez: We still won. Chair Gort: -- won, but -- Ms. Bravo: Mr. Chairman. Chair Gort: -- I think that's very embarrassing to go in front of a judge. Ms. Bravo: And Mr. Chairman, this is something that we're working on to resolve right now. There's several offices involved in the issuance of CUs and we have meetings set up to streamline that process to make sure communication is established and we don't have those types of faux pas, as well as other situations where someone is under the impression because they've cleaned up code violations that somehow they're no longer subject to the demolition order. So there are various issues we're working to resolve. Chair Gort: And somehow, one of the information I received, that property had a -- fines for about $100, 000. Are we ever going to collect that? We've talked before, I think about five or six months ago, to come up with an idea where we would be able to collect those funds. Mr. Fernandez: Mr. Chairman, may I? Remember, code enforcement violations and their fines can be mitigated. Our fines under the Unsafe Structure Board, they are not mitigated and they need to be collected, and they can become a lien that the Law Department place after we demolish the house. However, there're several jurisdictions within the City ofMiami, from Fire, Code Enforcement, NET (Neighborhood Enhancement Team), and the Zoning Department who got involved into the zoning issue and the CU. We already have a meeting because of the other court case in the other day where the City Attorney had to defend the demolition of a house when we have a CU that had been issued two weeks before. And the City Manager took -- and the Assistant City Manager, Ms. Bravo, has organized a meeting with all the department so we can City ofMiami Page 68 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 clam the process with the City Attorney so this will not happen again where we go in front of a judge and we trying to demolish, and at the same time we're issuing a CU to the same property. Chair Gort: Thank you. I'm sure the Administration gets a lot of e-mails from our office on clear -- lots that need to be cleared. They only being cleared once every six months. And you can imagine with all this rain how they grow and so on. So I'd like to get some information on how we're going to expedite all this, and if we can perform the clears of lots a lot sooner than six months. Mr. Fernandez: Mr. Chairman. Chair Gort: And find the money somewhere. Mr. Fernandez: Let me clam one more issue. The Law Department has been expeditiously working in all these cases, so has the Building Department. Unfortunately, the only source of funds that the City ofMiami has available right now for us to demolish is the NSP (Neighborhood Stabilization Program) funds and because it's federal money, it requires a series of steps that we need to follow before we can start the demolition and it's taking some time unfortunately. Chair Gort: My understanding is if you declare this unsafe and there's a -- you can waive some of those requirements by the federal government. Ms. Bravo: Well, the federal funds, just like the funds for the CDBG (Community Development Block Grant), require environmental clearance on the property and we move very quickly to get through those steps. Chair Gort: But we need to look at if there's an emergency clause in there that you can use to expedite some of those. Okay. Yes, sir. Commissioner Sarnoff.. Yeah. I just want to sort of send some accolades, which I don't usually do, to Mr. Fernandez and to Commissioner Suarez because I was pretty frustrated in this city for years and years. We had a lot of vacant buildings. I think District 2 is either number one or number two in vacant buildings. I think it is number one, isn't it? Yeah. And it is hard to believe and a lot of them are in the Upper Eastside. And we've taken down, that I know of I think four buildings, four major buildings 'cause Biscayne Boulevard -- I mean, major eyesores. And if it wasn't for Commissioner Suarez, I don't think this would have moved anywhere. I just don't think this issue would have gotten any kind of traction. And you know, I believe there's a carrot and believe there's a stick, and sometimes you don't use a carrot; sometimes, you use the stick. And when you use the stick, he's dead right -- and mean him, Commissioner Suarez, is dead right. What happens is for the four that we've taken down by the City, I would suggest twice or three times that number -- Mr. Fernandez: Three times. Commissioner Sarnoff.. -- has come down by private sector saying, uh-oh, here comes the City. So I mean, it's much better to have a vacant lot -- and by the way, I think we should refine that and say when we take down a building, I think we should require that we sod it. Take the rubble away and we sod it, and that should equally be a special assessment that should go against the property. And then what you have left is a soccer field, period. Commissioner Suarez: And that's part of my discussion item later today. You know, one of the -- aside from the frustration in my own district, I did -- I wanted to let Commissioner Spence -Jones know I did tour Little Haiti. Little Haiti, in particular, is just awash in abandoned, burnt down houses that are an incredible danger to the community and incredible danger to the people who City ofMiami Page 69 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 live on that block. And it's really unfair that there are people that have to live -- The tragedy in all this is not for the homeowner. The tragedy in all this is for the neighbors of the house that live in that area, which is the other reason why I pulled -- pushed also that vacant property security system because for the houses that are abandoned but not unsafe, which is another category, we need to try to make them look as aesthetically pleasing as possible and as safe as possible at the same time so that our other neighbors are not burdened by that home in the block. Because as you know -- as everyone here knows, when you buy a house, you don't just buy your house; you buy your block, you buy your neighborhood, you buy everything. So, you know, I'm going to keep pushing. I'm going to keep pushing. Now, you know, my next step today with the discussion item will be a special assessments and the collections on that. But I think that's a great addition in terms of sodding -- you know, having a sod -- 'cause I do -- the one that we first demolished, my number one one, it's in -- it looks pretty ugly right now 'cause it's kind of overgrown. It's kind of -- it's better than it was before, but you're right. It's pretty ugly right now so -- Chair Gort: Thank you. Let me open a public hearings [sic] and then we'll come back. Yes, sir. Mariano Cruz: Yeah, public hearing. Mariano Cruz, ABDA (Allapattah Business Development Authority), 2634 Northwest 21 Terrace. I'm going to be specific in this item because going to mention one place. People have been there. They put the liens. They put the code. Everybody goes there. Twenty -- I mean, 3435 Northwest 9th Court, deteriorating the whole block there 'cause people live there, squatters live there. They do whatever they want. I've been there myself at nighttime with Commander Ron Laberdesque, went inside and saw the people. We move them -- he move them out 'cause Commander Laberdesque make a point of being outside in the foxholes, in the trenches, not in MRC (Miami Riverside Center) looking at the boats or in Dinner Key looking at the marina here. No, outside there in the street, together with my family, Freddie Cruz and David Cruz there, police officer there. But this house specifically have been for years and years and years, more code, more (UNINTELLIGIBLE). You know what they tell you, Oh, it's a legal problem there. We don't know -- at this time with the computers and everything and the property room, you don't know who the owner is? Oh, come on. We're not in a banana republic. We are in Miami, United States. Hire me. I am a Microsoft (UNINTELLIGIBLE). I can go there and find out right away who it is. Don't tell me what you do now, it's going to be more paperwork and more paper. We got to go back to the old times when (UNINTELLIGIBLE) used to get in the bulldozer and (UNINTET,T IGIBT ,F) the houses there because that's the way it had to be done. Otherwise, you go there, 3435 Northwest 9th Court, been there for years and years and years. People live there, do whatever they want there. You go there, needles, (UNINTELLIGIBLE) paraphernalia, everything there. Come on. Chair Gort: Thank you, sir. Frank, will you -- We'll show you a list of all the houses we have for that. Will you show him a list of the --? Any further -- anyone else in the public would like to address this issue? Close the public hearing. Yes, sir. Commissioner Sarnoff. You know, just to speak to what Mr. Cruz is saying -- and I know Commissioner Suarez, depending upon your property professor in law school -- in English law if you allowed your property to lay fallow, it went back to the king 'cause property was only supposed to be used. It wasn't supposed to be held. In Miami, we're a unique city. There's two kinds of people that have property in Miami; those that use their property and those that hold their property. There's a lot of holders in Miami and they're always waiting for that next building craze to come so that they become part of an assemblage and for years and years we wait, and we wait and we wait, and we allow them to not maintain their property. And actually, I would tell you that probably 100 to 200 to 300 years ago, the English system was a better system than the American system because if you didn't use your property, you lost your property. You had to have -- you had to make use of your property. And in Miami, we don't have that requirement. We simply don't require people to even maintain their property. City ofMiami Page 70 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Suarez: I got an A, by the way. Commissioner Sarnoff.. What's that? You got an A? Commissioner Suarez: I got an A. Commissioner Sarnoff.. There you go. Chair Gort: Any further discussion? Read it. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Chair Gort: Roll call. Ms. Thompson: No. I'm sorry. Chair, we don't have a mover and a seconder. Commissioner Sarnoff.. So move. Commissioner Suarez: Second. Chair Gort: Oh, sorry. Moved by Commissioner Sarnoff, second by Commissioner Suarez. Ms. Thompson: This is on your first reading modified ordinance. Chair Gort: Yes. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, as modified, 4-0. FR.2 ORDINANCE First Reading 11-00799 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Facilities 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "PARKS AND RECREATION/IN GENERAL", MORE PARTICULARLY BY RESCINDING IN ITS ENTIRETY, SECTION 38-8, ENTITLED "USE OF MANUELARTIME COMMUNITY CENTER"; FURTHER AMENDING CHAPTER 53 OF THE CITY CODE, ENTITLED "STADIUMS AND CONVENTIONS", BY CREATING A NEW ARTICLE V, ENTITLED "MANUELARTIME COMMUNITY CENTER', AUTHORIZING THE ADJUSTMENT OF VARIOUS RENTAL FEES FOR USE OF THE MANUELARTIME COMMUNITY CENTER; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00799 Summary Form.pdf 11-00799 Manuel Artime Fee Analysis.pdf 11-00799 Legislation.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City ofMiami Page 71 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 FR.3 11-00882 Department of Building ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/IN GENERAL", MORE PARTICULARLY BY AMENDING SECTIONS 10-4 AND 10-5, IN ORDER TO CHANGE THE SCHEDULE OF FEES, AND WAIVED FEES RELATED TO THE PROCESSING AND ISSUANCE OF BUILDING PERMITS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00882 Summary Form FR/SR.pdf 11-00882 Legislation FR/SR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez Chair Gort: FR.2. Mariano Fernandez (Director, Building): Thank you, Mr. Chairman. Vice Chair Carollo: FR.2 (UNINTELLIGIBLE) been withdrawn. Victoria Mendez (Assistant City Attorney): FR.2 -- Chair Gort: FR.2 is withdrawn. Ms. Mendez: Yes. Chair Gort: FR.3. Ms. Mendez: Commissioner Sarnoff, I wanted to tell you the sodding legislation that you requested, that should be on the next available agenda. Commissioner Sarnoff.. Which one? Ms. Mendez: The sodding that you requested that -- Commissioner Sarnoff.. Oh. Ms. Mendez: -- we just discussed. Mr. Fernandez: FR.3. Mr. Chairman, Mariano Fernandez, Building Department director. This is a continuation of what the Building Department started last year with the schedule offees as is in Chapter 10 of the City ofMiami. We did last year a clarification, cleanup, and new structure for the commercial fees. What we're seeking here is to clam the existing schedule, make it a little bit more comprehensive and understandable and with more clarity for the residents to understand what they're paying for. We trying to change the line item schedule offees that we have now, which is basically six or seven pages, into a simple, more uniform percentage of the construction costs which is also required as part of the land management I Build Miami software that we're trying to implement for the beginning of the year. As a result of this modification, we'll guarantee -- because some of the Commissioners have some questions about it -- that it will be no increase whatsoever. If any, it will be reduction in the actual schedule offees to residentials [sic] and new construction and additions and remodelings. City ofMiami Page 72 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 FR.4 11-01042 Department of Capital Improvements Program Commissioner Sarnoff.. It's important you put that on the record, having just lived through an election. As soon as you vote for something, it gets completely taken out of context. Mr. Fernandez: Well, I don't have to run. Chair Gort: Okay. Let me open a public hearings [sic]. The public hearings [sic]. Anyone like to address the Commission? Close the public hearings [sic]. Comments among board members? Administration recommends? Ms. Mendez: Yes. Chair Gort: Okay. Do I have a motion? Commissioner Sarnoff.. So moved. Chair Gort: Moved by Commissioner Sarnoff. Commissioner Spence -Jones: Second. Chair Gort: Second by Commissioner Spence -Jones. It's an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Priscilla A. Thompson (City Clerk): Your roll call on your first reading ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3-0. Chair Gort: Thank you. Mr. Fernandez: Thank you, Mr. Chairman. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," MORE PARTICULARLY BE AMENDING SECTION 2-892(4)(G)(1) TO REVISE THE SUNSET DATE FOR THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-01042 Summary Form FR/SR.pdf 11-01042 Sunset Review of Boards FR/SR.pdf 11-01042 Legislation FR/SR.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City ofMiami Page 73 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 FR.5 11-00987 City Manager's Office Chair Gort: FR.4. Albert Sosa: Albert Sosa, director of Capital Improvements. FR.4 is an ordinance amending Chapter 2/Article XI/Division 2 of the code of the City ofMiami, more particularly, to revise the sunset date for the Homeland Defense/Neighborhood Improvement Bond Oversight Board. The current sunset date for the Homeland Defense Oversight Board is December 31 of this year. We're continuing to expend funds and we foresee that we will continue to expend funds for a minimum of one to two years, so we'd like to extend the sunset date to December 31, 2013. Commissioner Suarez: Move it. Chair Gort: Okay. Thank you. Public -- this is a public hearing. Is anyone in the public would like to address the Commission? None shown -- Commissioner Suarez: Move it. Chair Gort: Yes. It's been moved by Commissioner Suarez -- Commissioner Sarnoff.. Second. Chair Gort: -- second by Commissioner Sarnoff. Discussion. No further discussion. All in -- it's an ordinance. Priscilla A. Thompson (City Clerk): It's an ordinance. Chair Gort: Read it. The Ordinance was read by title into the public record by the City Attorney. Chair Gort: Thank you. Roll call. Ms. Thompson: Before we take our roll call, Vice Chair Carollo has come into the room. We are on a roll call. Do you want to be recognized for FR.4? Vice Chair Carollo: FR.4, okay. I could vote. Ms. Thompson: Okay. Our roll call on FR.4. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 53 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STADIUMS AND CONVENTION CENTERS/ IN GENERAL, MORE PARTICULARLY BY AMENDING SECTION 53-1 TO INCREASE THE RATE OF SURCHARGE PAYMENT ON PAID ADMISSIONS, ALLOWING THE SURCHARGE TO APPLY WHERE TICKETED EVENTS OCCUR IN THE PUBLIC RIGHT-OF-WAY, AND PROVIDING FORA CERTAIN PORTION OF THE TICKET SURCHARGE TO BE ALLOCATED SPECIFICALLY TO FUND PARADES, COMMUNITY EVENTS, AND COMMUNITY PROGRAMS, AS APPROVED BY THE COMMISSION; CONTAINING A SEVERABILITY City ofMiami Page 74 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00987 Summary Form FR/SR.pdf 11-00987 Facility Fee FR/SR.pdf 11-00987 Memo -Amdmnt to Ticket Surcharge SR.pdf 11-00987 Legislation SR (Version 3).pdf SPONSOR: COMMISSIONER MICHELLE SPENCE-JONES Motion by Commissioner Spence -Jones, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Spence -Jones Noes: 1 - Commissioner(s) Sarnoff Absent: 1 - Commissioner(s) Suarez Direction by Chair Gort to the Administration to ensure that staff meets with each commissioner prior to the second reading of FR.5 (Ticket Surcharge) scheduled for the December 15, 2011 City Commission meeting, to address any and all concerns commissioners' may have related to this item. Chair Gort: FR.5. Zari Watkins (Assistant to the Assistant City Manager/Chief of Infrastructure): Zari Watkins, City Manager's office. FR.5 is an amendment to the current ticket surcharge ordinance. This would do three things. It would increase the current collection of the ticket surcharge in each tier by $1. That $1 would go to a special revenue account that would be controlled by the City Commission to fund community parades, community events and also community programs. And this also exempts the James L. Knight Center from the ticket surcharge until 2016 because of the bond covenants associated with that facility. Chair Gort: Okay, thank you. Open the public hearing. Nathan Kurland: Good morning, Commissioners. Nathan Kurland 3132 Day Avenue. FR.5 begs several questions and provides few answers, to wit: Will there be a department created to establish eligibility? How exactly will the Commission approve funds for the designated parades, community events and programs? Will the money be equally divided between districts? Will larger events be eligible for a disproportionate sum of the monies collected? Who will be tasked to monitor the outflow and inflow of money? Will professional producers and production companies be eligible to directly collect these funds? Will a system of accountability be created and enforced? If any event is required to pay the surcharge and does not, what enforcement procedures and/or penalties are in place? This is just a partial list of questions raised by this ordinance. As a board member of two events that would hopefully receive money from a fund such as this, the King Mango Strut Parade and the Gifford Lane Art Stroll, I fully understand the need which Commissioner Spence -Jones wishes to address. The flipside of that coin, however, is that I serve on two boards, Bayfront Park and the Coconut Grove Art [sic] Festival, which could potentially suffer from any additional surcharge which potentially adds 10 percent increase to the cost of a ticket. Events such as the Haitian Compas, Jamaican Best of the Best, the Brazilian Festival can certainly move anywhere else in Miami -Dade County and not be subject to this surcharge. It is my opinion that this ordinance is not yet ready to be considered. More information and due diligence is required. Thank you. Chair Gort: Thank you, sir. Anyone else in the public would like to address this issue? Showing none, public hearing's closed. Commissioner Spence -Jones: Mr. Chairman. Chair Gort: Yes. City ofMiami Page 75 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Spence -Jones: Okay. First of all, I want to say that those are all great comments, andl think that they're comments that definitely should be shared with the Administration, so hopefully we can take the comments that you had today and have them added so that we can definitely make sure we have them included. Let me just say this because somehow this has become the Spence -Jones ordinance and it's not or -- this ain't a Spence -Jones thing. You know, the whole thought and idea, you know, especially coming back in office and us dealing with the budget and dealing with a million and one people asking for requests for their projects, programs, parades and us not having the resources to make that happen, this was merely a solution to address the issue. While we know and we recognize that throughout our city, you know, financially we're being hit left and right for whatever reasons just to even keep our programs or even keep our city going, we were just trying to find ways to help our citizens in the districts. So for me -- I want to be clear because somehow even in my briefings this became Michelle Spence -Jones is trying to push for this. That's not what this is about. We set aside $275, 000 out of our budget for this year to pay for whatever projects, that I'm assuming the procedure would be no matter what the item is, it still has to come in front of us for us to vote on. I believe Three Kings is coming up soon. That's going to have to come in front of us for that 275. I know that MLK (Martin Luther King) parade is going to be coming up in January. I know we're going to have to vote on that. So to me the question around how the money's going to be distributed should be obvious. If there's an item, we know that we have a $275, 000 pot. We know that we have to vote on that item. We all have to agree on that, and if that happens, then we expend the money. So I think that answers the question on that. As far as the collection of the fees, I don't know if you want to respond to it, but at this present time we're already collecting surcharge fees, so we will continue to collect the surcharge fees and it will go into this particular special revenue fund for any of the events or activities that we have coming up. So on that, that question I think is already answered on how we're going to address how it would be given. So I think the concern, however -- and again, if there's another Commissioner has an issue on it -- I know one of the big things that came up was the issue of street festivals and the only one that really charges right now is the Coconut Grove Art [sic] Festival, which you sit on. The whole purpose of us being able to sit up here and have dialogue about these issues is for us as Commissioners to decide what makes sense. So if it doesn't make sense to do that to the Coconut Grove or any street festival that's being affect -- that would be affected by this, then we don't include street festivals on the -- events on the street. I don't -- that's not the issue. I do know what the issue's going to be, though. Come next year when we're trying to penny pinch and trying to find $275, 000 -- 'cause the events aren't going anywhere. Those major events that we do throughout our city are always going to happen. Hopefully -- they've been happening for more than 20, 30 years in some cases. So now we're going to have to try to figure out how we pay for it. This year we were able to penny pinch and pull 275. Next year we may not. So the idea is to make sure that at least we're responsible by putting something in place so that we can collect revenue so that it is sitting there so this does not become an item that we have to address. So I don't -- I would like to hear from my colleagues on what their concerns are on these issues, but I do want to say this, a couple of things. Some of the events you know -- you mentioned, I know personally. I know the promoters on them personally. Andl bet you when you go -- if they decided to go to any other city, especially in Broward County, they are, believe me, going to be pay a minimum amount of money for the ticket surcharges, the individuals that are actually going to the event. All I'm asking in this particular ordinance is to make sure that we are at least of the same standard. If you take Compas Fest -- you mentioned it and I know the promoters that do Compas Fest -- if they were to take their event to Broward County, they will be spending a certain amount of money, 3.50 per ticket surcharge, and that's what they'll charge their audience because that's what Broward County does. If you're going to the Miami Heat arena, there's a certain amount of money you spend for ticket surcharges. People pay for it. It's the same standard amount. All I'm saying is instead of us being 75 cents a ticket surcharge -- for a ticket, let's at least try to be on the same level of other cities and other venues that are in the same city. So that's really my comment about it. Again, I think that your points today or the points that were made are very important points andl think that we should address those in Zari's comment City ofMiami Page 76 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 -- I mean, in her -- in the actual ordinance, and I think they're great. But I do want to hear from my colleagues andl really -- We got to stop this, you know, it's a Commissioner Spence -Jones -- I don't -- it's not -- I'm not the only person elected sitting up here. So whatever I do or I vote on affects the entire City, you know. We all are responsible. So I'm just trying to find a solution to an issue that we know is a problem. And quite frankly, you know, some of these parades that we're talking about, you know, they require a lot of money. They do. So the issue is we could never pay for them all, but at least we know that we can set aside a certain amount of money to at least make sure that the traditions ofMiami continue. So I would definitely want to at least hear from my fellow colleagues on this. Again, we don't have to, you know, vote on it for the first reading. I mean, this will be the second time we're bringing it back, but if we need to make it tighter, let's make it right. That's not what the issues are. That's not -- don't make this about me, okay. Make this about making the situation better for the residents that we have to serve. Chair Gort: Thank you. Commissioner Spence -Jones: I'd like to hear my fellow colleagues' -- Chair Gort: Yes. Commissioner Spence -Jones: -- comments on it, though. Chair Gort: Anyone else? Vice Chair Carollo: Mr. Chairman. Chair Gort: Commissioner Sarnoff. Vice Chair Carollo: I'll yield to Commissioner Sarnoff. Commissioner Sarnoff.. You know, I know this is an issue that I guess I felt some -- this is not when you were on the dais -- but I felt some sting on this issue when I tried to get this Commission -- andl hate to bring it up again. Last time, I promise, I'll do it -- but when I asked you to waive the Parkinson's Foundation's fees for a park use and you all declined to do it, and that was okay. The question really is what is the role of government? What should government's role be? And if you decide as a matter of policy that we need to support parades, that's an appropriate policy statement, maybe one that I don't share in because I think what should happen is primarily anybody or anything that wants to come to the City ofMiami should pretty much be able to stand on its own two legs, which means they should have -- if it's a worthwhile issue, that for 80 percent of them should be able to bring to bear the necessary fees associated with standing on its own two feet. Let's talk about the two that are pretty quintessential that we always talk about, the Three Kings and Martin Luther King. The Three Kings happens to have probably the most famous elected officials in all ofMiami tend to come to that. Ironically, I was just curious -- andl happened to notice that they tend to also be in front of the parade. Andl was just curious, what was their discretionary spending? One of the persons in that parade, in his discretionary spending, has more than $4 million of discretionary spending money. The other person in the front of that parade has $1.5 million in discretionary spending. Commissioner Spence -Jones: Can we know who the --? I don't know who they are. Can you --? Commissioner Sarnoff.. They're senators and they're congressmen. They just happen to have huge budgets and the ability to help promote the parade that they're actually walking in. Now I'll make this -- I don't think it's the role of the City of Miami to pay for these things. I'll make a commitment right here: Three Kings parade, I will put $1, 000 of my own money into it andl will fundraise $10, 000, but it should not come out of the City of Miami's general fund. I'll do the same thing right here and right now for Martin Luther. I will put $1, 000 of my own money in City ofMiami Page 77 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 and I will fundraise for $10, 000. But I just don't think that it is the appropriate role of government to be funding these parades, not in the financial condition the City ofMiami finds itself. Andl think all of us as Commissioners could fundraise and bring to bear the necessary fees and maybe get some fees waived, and maybe get some volunteer hours, with all due respect, Chief from maybe some of the police officers 'cause if it's so important to the City ofMiami, let's all put our own sweat equity into this together. If this is so important, this is so profound, then let's all stand shoulder to shoulder and promote the things that you think need to be promoted. Those are the two major issues that never got to vote on, that never got to put the money towards, that I never got to have a debate on. I think they're two interesting and historic parades. I think we should go to the people who tend to walk in those parades and say, hey, could you help us out a little bit. This costs the City ofMiami taxpayers 85,000 or this cost the City ofMiami taxpayers 35,000. Certainly, this could come out of your discretionary spending account. You know, I'm not saying you put the whole thing in, but there're Commissioners up there that have volunteered to raise money, andl think it would send a profound statement to citizens, what is the role of government. Okay, I may have pissed off the Three Kings. Chair Gort: I think you got somebody upset. Commissioner Spence -Jones: I think the Lord -- actually, I think the Lord is talking to you. Chair Gort: I think you got someone upset. Commissioner Spence -Jones: You got more you want to add? Commissioner Sarnoff.. No. I mean, that's -- I mean, I really throw it out there. What is the role? How should we do this? I wasn't -- I'm not comfortable in the financial condition the City is in that we should be financing parades, though I think as Commissioners we could be helping to offset that. Andl think the Chief -- andl mean both chiefs, chiefs [sic] of Police, chief of Fire. I think these should be volunteer hours. I think the police officers and the firemen could volunteer for these things. Commissioner Spence -Jones: Commissioner Sarnoff. Chair Gort: We tried that. They -- Commissioner Spence -Jones: Let's not even get into getting -- we've already taken blood out of a turnip with Police and with Fire, so just -- regarding their overall budget. I mean, I'm sure that the Chief -- both chiefs could kind of get them to volunteer on some things, but we know that all three of those parades that we're talking about are huge -- humungous, you know, parades and we cannot rely on people saying that they're going to volunteer and show up and they don't show up, and then we have a true problem. So that would be difficult to kind of accomplish. But I do want to add this because, you know, we talk about the three parades, for instance, as -- you know, I consider these to be signature, you know, events that are, you know, events that truly represent Miami. They've been here longer than some of us have even been in Miami, but the reality is, you know, even when it comes down -- I'm going to give a perfect example. Hopefully this happens, but if we win a Marlins championship and they want to come downtown Biscayne Boulevard or the Heat wins a championship, and they want to come downtown, you know, Miami to celebrate, yeah, I'm sure the Police and the Fire will pitch in and do what they have to do, but somebody has to pay for it. And guess what, it's in the City ofMiami. Guess what? Nine times out of ten that money has to come from somewhere so -- Commissioner Sarnoff.. Well, during -- just so you know, when it looked like the Heat was going to win the championship, we were in conversation with them, and the Heat was going to pay for the entire parade. City ofMiami Page 78 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Spence -Jones: Okay, but they didn't, right? I'm talking about the -- Commissioner Sarnoff. But the conversation was had. Commissioner Spence -Jones: Right. Commissioner Sarnoff. I mean -- Commissioner Spence -Jones: Right. But I'm saying, when Shaq -- I'm going to use Shaq as an example. Because you know what, I think we spend a lot of time -- I understand what you're saying on just -- in general. I don't want to spend a lot of time on discussing something to me that is very, very small and trivial compared to all of the things we have to deal with from the City Commission standpoint, but the reality is, you know, when we start talking about we can go to these particular individuals to give monies to support the parade, I think yes, we should definitely do that. But what if the money is not there? I can say, for instance, in my particular district I've got to fundraise all year round because I got -- I have issues in my district that go beyond a parade. And every time I turn around, there's something that I have to help my district with andl have to go to the community, businesspeople, to help me with those issues. So now here becomes another issue, another thing that need to raise money to help happen when I'm, mind you, saying, hey, I'm asking for us to have a standard, a standard payment. This is what the surcharge is. This is not coming from the City's pocket. This is coming from somebody that, mind you, doesn't -- a lot of times don't even live in our city. They're either riding our roadways, they're either coming to our event and leaving the City and going back home. We're say if you're going to spend this amount of money to go to an event in our city that we're going to have to utilize our people and our roads to make happen, at least invest something back into -- Now if you don't want -- if you're saying to me, Commissioner, I don't have a problem with the surcharge being a standard like every other venue or like every other city or at least comparable, I just have an issue with once that money's collected that it goes to these parades, then that's two different conversations and we should have them. So I guess my question becomes, are you saying you have an issue with the fact that we should be at the same standard or same level, you know, with the other venues or other cities, you know, instead of us being at -- so low in some instances? Are you saying you have an issue with that or are you saying you have an issue with -- you know, no, I don't have a problem with that. Yes, we should be on that level. I just have an issue that maybe that monies that's collected should be used for a different use? Commissioner Sarnoff. Well, it's sort of both because -- Commissioner Spence -Jones: Okay, so that's whatl want to understand. Commissioner Sarnoff. -- our primary venue is the James L. Knight Center and our primary venue can't even have this increase 'til 2016, as I understood -- Commissioner Spence -Jones: Right. Commissioner Sarnoff. -- because of bond issues. So our primary venue won't have it. The next -- the secondary venue, I take it, would be Bayfront Park. Chair Gort: This issue's giving you a problem. Commissioner Spence -Jones: I know, right. Commissioner Sarnoff. You talk about the Three Kings, look what happens. Chair Gort: You mess with the Three Kings and -- City ofMiami Page 79 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Sarnoff. And they come down. Commissioner Spence -Jones: I know, right. Be careful. That's a sign. Ms. Watkins: Commissioner, just to clam for the record. The James L. Knight Center, what we do with that is we use public service tax dollars to make sure that we meet our bond obligation, so what we can do is since we can't use the actual revenue that the James L. Knight Center generates, we can use the public service tax dollars to offset what James L. Knight would have contributed had -- if they didn't have a bond covenant restriction. Commissioner Sarnoff. But I thought it was said that James L. Knight could not get the surcharge. The ticket could not have that additional dollar. Ms. Watkins: Right. The -- no, James L. Knight actually does collect surcharge -- Commissioner Spence -Jones: They have a surcharge. Ms. Watkins: -- but that surcharge goes to -- Commissioner Spence -Jones: They have to pay (UNINTELLIGIBLE) bonds. Ms. Watkins: -- repayment of the debt. Unidentified Speaker: Until -- Commissioner Sarnoff. So James L. Knight could have the surcharge? Ms. Watkins: Yes. Chair Gort: It does have. Ms. Watkins: It does. Yes. Chair Gort: It has. Commissioner Sarnoff. Oh, I misunderstood you. Ms. Watkins: Yes. Commissioner Spence -Jones: Yes, they have surcharges. Mr. Watkins: James L. Knight is a facility that is included within the ticket surcharge ordinance. However, because of its -- because of the bond restrictions and because we have a debt that we need to repay, all the money that is generated at James L. Knight goes to pay the debt service and back into the facility. Those are the only two things that -- Alice Bravo (Assistant City Manager/Chief of Infrastructure): So the ticket surcharge collected at James L. Knight would not go to the new special revenue fund for the community events. Commissioner Sarnoff. It would not. Ms. Bravo: No. It would go to the debt service. Commissioner Spence -Jones: But what she's explaining -- City ofMiami Page 80 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Ms. Watkins: Right. Commissioner Spence -Jones: -- let's be clear on what she's explaining. Explain it, Zari, again. Ms. Watkins: There are public service tax dollars that we use in case -- just in case we don't meet our debt obligation, for instance -- Commissioner Sarnoff. That would be freed up. Ms. Watkins: Exactly. So we can leverage those funds to offset what the James L. Knight would have contributed if it didn't have a bond repayment. Commissioner Sarnoff. So one source of funding would be freed up that is dedicated as a backup? Ms. Watkins: Correct. Commissioner Sarnoff. And would net -- would that money then be allowed to be put into this trust? Ms. Watkins: Yes. Commissioner Sarnoff. You sure? Commissioner Spence -Jones: That was the -- that was -- in my briefing, that's what they told me. Daniel Newhoff (Interim Director): Commissioners, Dan Newhoff Public Facilities Department. Basically, the Knight Center has a contribution from the general fund, PST (Public Sales Tax) dollars, to make itself whole, to make sure that the payment's made and that we have enough money for operating. The increase of the surcharge at the Knight Center would go to the debt service, but the general fund contribution would go down by the same amount, essentially freeing itself to whatever purpose you determine. Commissioner Sarnoff. So then unrestricted funds, which is the general fund, would then go to the trust? Mr. Newhoff. Exactly. Commissioner Sarnoff. Okay. And then the second, I guess the second biggest vendor -- I guess that's not the right word, but the next biggest venue would be Bayfront Trust, I assume. And are they -- aren't they -- aren't you contractually bound to Live Nation? Vice Chair Carollo: Yes, we are. Commissioner Sarnoff. You couldn't increase it -- Could you increase the fee? Let me ask it. I don't know the answer to the question. Vice Chair Carollo: It's my understanding -- and the executive director from Bayfront Park is not here and Bayfront Park Management Trust. However, it's my understanding that, no, we have a contract with them and we could not increase a surcharge until the termination of that contract, whenever that is. Commissioner Sarnoff. So -- Commissioner Spence -Jones: Is that your understanding, Zari? City ofMiami Page 81 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Ms. Watkins: Yes. Yes, ma'am. Commissioner Sarnoff. And what would be like our third biggest? Ms. Watkins: The third biggest would be -- Commissioner Sarnoff. If we tier this in five tiers, give me the five. Ms. Watkins: The third biggest would be the Gusman, but the Gusman is a special case; and because of the management agreement, all that money goes back to the Gusman for repair of the facility. Commissioner Sarnoff. Okay. And what's our fourth biggest? Ms. Watkins: The fourth biggest is minimal, but it would be the Virginia Key Beach Park Trust. Commissioner Sarnoff. And what's the fifth biggest? Ms. Watkins: The Parks Department. Commissioner Sarnoff. Okay. All right. Commissioner Spence -Jones: So, Zari, based upon your analysis -- and if we can also ask somebody from Public Facilities to come up -- what are we looking at netting from actually netting from --? Ms. Watkins: We're look -- based on fiscal year '11, we can estimate that it will generate about $286, 000, maybe a little bit more than that. And basically that would -- as you said earlier, the City Commission would not have to make a special allocation in the budget next year because we would expect that money to cover what we plan to spend at least, you know, in general. Commissioner Spence -Jones: So that's a start. That's money you don't have to spend. Chair Gort: A lot of question was asked about the procedures and so on. My understanding, the present surcharge you already have the answer for some of those questions. But I think the other questions that come up would be very important. I think if this is passed today on the first reading, that should be answered and make sure that we come up with the procedures on how all the steps are going to take place. I also believe you're going to have to have a procedure which -- how the selection of those (UNINTELLIGIBLE) -- those -- whatever the functions, how we're going to -- who we're going to select and how -- the procedure of how we're going to select those requests 'cause I'm sure there will be a lot of requests. Commissioner Spence -Jones: Okay. Chair Gort: Any further discussion? Vice Chair Carollo: Yes, Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Thank you. And I'm going to address a lot of different issues with this andl definitely welcome this discussion. I think it's very healthy. And like my tenure here, I've always said, you know, I think debate and discussion is, you know, once again, very healthy. I'd like to begin by something that Commissioner Sarnoff said. When you mentioned as far as, you know, City ofMiami Page 82 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 governor -- I'm sorry, government's role with regards to parades, festivals, I sort of agree with you, but then again I'm sort of not in agreement with you and I'll tell you why. And mind you, you're talking to someone who I think has more than demonstrated fiscal responsibility or fiscal conservatism here. I'll give you an example. New Year's Eve, where we have the big orange that comes down or goes up, when we have the, you know, fireworks and so forth. I know, I just approved -- I, being one of the members of the Bayfront Park Management Trust -- funding for that event, $100, 000. Fourth of July, I think most major, not to say all, but most major municipalities, counties for Fourth of July have some type of a fireworks, you know, show. Once again, for the City ofMiami, Bayfront Park does that. Andl believe -- and now I'm going on memory -- when we approved that, it was something to the amount of $80, 000. So -- and that's why, you know, I'm tore [sic]. Do I think that, yes, we should fund every festival and every time that a non -for -profit has a good idea, should we be the ones to fund it? No, I do not. However, you know, when you're talking about Fourth of July, when you're talking about New Year's Eve, it's almost to a point that it's expected. And is it sort of a service that we're providing to our residents? Yes. So I'm sort of toned [sic] with what you said. You know, I agree with it, and then again, I don't agree with it, but let's move on, you know. And again, this is -- I hate to say it, but in a way, also brainstorming and debating with you all and discussing it to reach some type of consensus to -- you know, that we all could live with and agree with. Something that Commissioner Spence -Jones said and now I want clarity. I want clarity. And it goes by what -- something that you said, Commissioner Sarnoff, and has happened in the past. We approved the budget; and in a non -departmental, I guess, item, we approved $275, 000 for Three Kings parade, Martin Luther King parade, or any other festival and event. Does that have to come back to this Commission for a vote? Ms. Watkins: Yes, sir. Vice Chair Carollo: It does. Ms. Watkins: Yes. Commissioner Spence -Jones: Yes. Ms. Watkins: We will be bringing an item in December, I believe, to -- Commissioner Spence -Jones: We should. It should always -- Ms. Watkins: -- get your approval. Commissioner Spence -Jones: -- come back to us -- Vice Chair Carollo: Well, here's the thing. Commissioner Spence -Jones: -- so it doesn't become a piggybank for -- yeah, I think -- Vice Chair Carollo: And the reason why I say this is because that is not past practices, and Commissioner Sarnoff is correct. That has not been past practice. Or sometimes you bring it up, sometimes you don't. I don't know who makes the determination, the Administration or not, but that has not been past practices. And to be fair, Commissioner Sarnoff is correct. Commissioner Spence -Jones: Can I just add to you? I can't say what happened over two years ago, but when we were serving on the dais, any of those major events, if it wasn't already in the budget, it always came in front of us, always. So the four years thatl was here, I don't care what it was, if it was a major event, you know, we might have had to squabble over it over here, but we always had to approve it. And now maybe the last two years you guys didn't, but always -- that's always been the case for us. City ofMiami Page 83 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Vice Chair Carollo: No. Andl asked that question 'cause I want clarity andl want to make sure it's on the record. Remember, two years ago, there were some new Commissioners, I being one of them, and yeah, I guess sometimes everything's not written in the policy manual and so forth, but you know, this is the way it was done. Andl guess most of the time we weren't even asked; it just happened, and you know. Andl want to make sure thatl do say, Commissioner Sarnoff, you know what, you're right. And it was unfair andl agree because you, out of good faith, brought something to the Commission. We were, you know, fiscally conservative; we did not approve it, yet there were other events that did not come to this Commission, andl don't want to say necessary [sic] funding went to those events; however, in -kind services went to those events. Now if those in -kind services had to be paid through overtime or off -duty or if there were officers that were on duty and just shift to that event, those are actually numbers that I wanted to see, and I brought it up during the budget. You know, I brought it up. I said, hey, Three Kings, I want to know how much did it cost in in -kind services. Does this really have to cost that much, you know, in in -kind services? And that was the discussion that I wanted to have in the budget. However, that was at 3 o'clock in the morning and we never had it. So that's something thatl would really like to know, some of these festivals. And in all fairness, I brought it up at the last meeting. I asked specific questions with regards to, you know, the cost of you know, some of these festivals; the surcharge, where was it going to go to. And here's something that I have a lot of concerns. I am under the impression that there's already been promises of certain events that now will not have to pay anything or pay much less. And this is what I'm concerned -- and I'm not saying you, Commissioner Spence -Jones, but I'm under that impression. This is what I'm concerned. I'm concerned of something of the effect of the Florida Lottery, where we're saying, hey, listen, all this money is going to go to fund these events and so forth and we're not going to have to use $275, 000 because why? We're predicting, which I heard now for the first time, 286, 000, so this will, in essence, go into our budget and we will not have to use general funds; those 275 will go away. Well, guess what? If right now those 275 go to pay for `X" number of events and now we're saying, hey, listen, once we pass the surcharge, we're going have money coming in, yes, you won't have to pay for this, you won't have to pay for that, and we start adding events and adding events and adding festivals, next thing you know -- and I'm already a little afraid that, realistically, right now as it is with this surcharge, we cannot pay for all the events that have been promised. Ms. Watkins: Commissioner, to -- Vice Chair Carollo: And I would -- Ms. Watkins: Oh, I'm sorry. Vice Chair Carollo: -- at the very least and always been fiscally responsible, I would like to see the different events -- at the very least, Three Kings, Martin Luther King -- andl think those are the two events that we've actually spoken about -- I would like to see what exactly will be those costs to see how much additional fundingfrom the 275 we would have. 'Cause what I don't want is like the lottery where, hey, listen, once we pass it, oh yes, all these events are going to paid for, you don't have -- and we start making promises to this, you know, organization, that organization, and next thing you know, all these organizations are coming before us saying, hey, you know, we want to waive police services, fire, all these services. And all of a sudden, well, guess what, the 286, it's not nearly enough. Commissioner Spence -Jones: Can I just -- I just want to respond, Mr. Chairman. I just want to respond to a couple of things that you -- Chair Gort: Yes, ma'am. Commissioner Spence -Jones: Okay. First of all, I think that we resolved that issue. It doesn't City ofMiami Page 84 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 matter how much -- they can promise the moon and the world and everything else they want to promise, but the reality is it still has to come in front of this Commission to vote on. So I think that it's extremely important that -- you know, we can't get caught up in what people are going to say. All of us know that, okay. The reality is, the Administration knows that if there's an event or any activity that needs to take place, that needs to come in front of the City Commission to vote for, period. I want to also add -- andl agree with a lot of the stuff that you said, Commissioner Carollo. For me, when I look at an event, I don't just look at a parade and say, oh, we're funding the parade and, you know, now, you know, we're able do this once a year and people are going to show up for the parade. I look at everything that comes from that parade. When you get a hundred thousand people on the street, do you know the businesses that are lined up by that parade, how they're affected or impacted on that day financially because somebody's going to go buy water, somebody's going to go in there and have lunch that day. So on that -- these businesses count on these events hap -- I don't even talk about Calle Ocho, and they don't ask us for anything, but I think that they're going to be asking for support or at least looking at some sort of parity because they spend a lot of money, period. And guess what, they generate a lot of money for the City, you know. So our role as sitting Commissioners up here is to improve the quality of life for our residents. You know, if nothing else, every year they depend on the Three Kings parade or the MLK parade or the Goombay, whatever, or whatever it is. They depend on it. They depend on it for a lot of reasons, not just to take their families to sit and enjoy the events that are provided, but because it affects them financially as well. When they get ready to go to that parade, those people that have their houses or their business on the side, they charge $5 for parking. That may not seem like a lot to us sitting up here, but that extra $200 a day can put some groceries in their refrigerator. And I'm just saying to you guys, we got to get to the point where -- you know, sometimes -- you know, Sarnoff, you know, I always say this all the time, you know. Sometimes, I wish I could have a little bit of our district and your industry and the people that are connected to your district 'cause you are able to raise money a lot easier. A lot of times, the people from your district support the things happening in my district. I mean, last night I just had this wonderful event where we're trying to raise, you know, toys for kids here and of course in Haiti 'cause I represent a large population of Haitians in my district, you know, to get 500 bikes for kids here and there. IfI had to just get that from D5 (District 5), it wouldn't happen. It would not happen. So a lot of it is -- the Kiwanis, I used for example, the people from Calle Ocho that, you know, do their event, you know, wanting to give back, you know, help in the park in my district. You know, so I'm saying, we got to stop getting caught up on -- you know, this is $275, 000. Somebody coming up here to ask us for $5, 000 to help -- I'm just using as an -- for police, and this -- you know, they're raising money or getting grants to do whatever kind of community event and we put $5, 000 in to help with police or solid waste or whatever the case may be, we've done a service to the residents in our district. We've done a service. And I'm just like I don't even understand why this discussion -- I under -- I know why it's important to have it, but if the bottom line is they can't spend no money 'til they come up here and we make the final decision, that's really it. If the bottom line is we agree that there should be a standard amount that, you know, anybody that's buying a ticket pays like they would pay at any other venue -- if they go to Dade County Auditorium, they paying a certain amount of money, and that's in the County and the City as well. So I'm just simply sayingl think we spend a lot of energy and time on this andl know why you guys want to andl understand, but I just think that -- please think beyond the fact that it is a parade or a street festival. When people come to Coconut Grove Arts Festival, you know how many lots -- or either Goombay. I'll use Goombay for an example. All of those people lined up on Goombay, all of the parking -- 'cause there's not enough parking to accommodate it on Grand. Do you know how many residents in the neighborhood are charging $5, $10 to park? They're doing it. And I'm saying, guys -- and maybe sometimes I focus on the little, small things like this because I know the little, small things make a world of difference to our residents, and that's what we were elected to do. Yes, we're here to help the big people that are doing big projects andl vote on that all day, but I also make sure that they do what they need to do to help the little people, too. But we also got to think about the little people that are trying to survive and get by every single day. That water vendor that's going to be at Three Kings parade that's standing on the side or that hot dog vendor, guess what? He's preparing right now City ofMiami Page 85 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 for Three Kings parade. I could bet you he is -- and ready for it to go. And then the little bit that we're giving towards it, in the end we're going to get it back anyway 'cause the businesses that are lined up in there, they're going to make money to help pay taxes, so it all circulates. It's stimulating the economy. Personally, I think that when cities have events like this in our neighborhoods, you know, to draw people to the community, that's what we need to be doing. That's what we need to be doing. I don't -- maybe I need to fall down and bump my head and wake up or something. I just don't understand why this is not under -- why we don't get this. Chair Gort: Let me put a few words in. Should we fund parades? I think we should. And let me tell you, I've been at Kiwanis Club of Little Havana since 1975. We began the first Calle Ocho -- the idea of the first Calle Ocho was taking the typical mentality of the United States, when you move from one city -- from one neighborhood to another neighborhood, you have what you call an open house. When you open house, you invite your old neighbors and your new neighbors and you get to know each other. The idea of open house Calle Ocho was the idea to bring people into Little Havana and have an opportunity to see what an ethic neighborhood looks like and the ambience. The first three years of the Calle Ocho, we needed assistance from the government. That's how we got started. Today, we're very fortunate. We've done very well, and we pay quite a bit to the City ofMiami. I think the police alone, we pay over $300, 000. Commissioner Spence -Jones: I know. Chair Gort: Matter of fact, that's something that we're going to have to discuss later on because I think we -- they charge us more than anybody else and so does Fire Department, and that's something that we have to look at if we're going to be all across the board. I believe that Calle Ocho has brought a lot of enthusiasm into Little Havana. I believe they helped Little Havana quite a bit. We're trying to do something very similar in other neighborhoods. In Allapattah, we've tried a couple of times and we're going to be coming back. We're talking to the merchants on 20th Street. This, I agree with you, brings people that never have been in our neighborhood. They get an opportunity to see our neighborhood and spend. The surcharge, one of the problems we have in the City ofMiami, the growth ofMiami-Dade County has been at the cause of the City ofMiami. People use our facility. I mean, we have maybe 500,000 people at least residents in the City ofMiami. At any one time, we're providing services to at least 1.2 million people in the City ofMiami that they don't pay any taxes in the City ofMiami. Andl think the City of Miami is a great attraction for a lot of people. Whenever you do an event and you say event at the City ofMiami, people will come. Andl believe that people will pay for it. I think we should support. I believe (UNINTET,TIGIBT,F). We have to set up the criterias [sic]. We have to set up the guidelines, and everything has got to come in front of this Commission and it's got to be approved by this Commission. And that's about my say so. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Thank you. I think -- andl appreciate everyone's comments. I think it was a little off topic of what my last issue was, which is exactly, you know, accountability. And listen, my tenure here, I've all been about accountability, as far as what the numbers are, as far as, you know, having the backup to whatever the numbers are. I have -- I asked for the minutes where I requested during our budget hearing to see how much MLK costs, how much the Three Kings costs, 'cause I really don't know. I have some of the numbers, but I want to substantiate that with the Administration. I want the Administration to tell me, yes, that's what it costs. Not that I received this information but guess what, it wasn't that or -- I mean, I don't -- let me -- I'll ask my colleagues, have you ever seen me take a vote in this dais without me knowing the numbers and being comfortable with the numbers? Commissioner Sarnoff.. Yes. No, I'm kidding. City ofMiami Page 86 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Vice Chair Carollo: You know. Chair Gort: I don't know. I have to look into it. Vice Chair Carollo: So if I'm not -- you understand? So that's more of my issue. Now -- and I agree -- believe me, I know the vendor. I know the houses that's going to sell their parking. Believe me, I know and they know me. So that is not the issue. But the issue is, over promising. The issue is what is the money going to go to, how much does it cost, how many events, you know? It's more about being financially responsible, being, you know, accountable, you know, not saying, okay, we're going to -- or this is going to raise `X" amount of money and it's going to go to this, and really not having any details behind it. The Kiwanis -- I have the minutes. During the budget, I brought it up, especially with Calle Ocho. Why? I'll be totally honest with you, you know. And asked for documentation. I just don't go by the rumors and so forth. And think all my colleagues will say, yeah, Frank doesn't get into the rumors and he doesn't get into this back and forth. You know, I asked for documentation. They provided it to me, and they showed me how much they were charged. And then they showed me the Web page or other information of other events, how much those events were charged for police services, fire services. Guess what? There is a big disparity. Chair Gort: Yes, it is. Vice Chair Carollo: They were charged more. That is incorrect. Andl said it during the budget hearing and I'm saying it now. That is totally incorrect. So I understand about the Kiwanis. And like I said, I'm not saying it just now. Ms. Watkins: I understand. Vice Chair Carollo: Read the minutes of the budget hearing. Yes, I understand, it was at 3 o'clock in the morning, but believe me, I had issues with that andl brought it up. Ms. Watkins: I have an answer for you, Commissioner. Vice Chair Carollo: For? Ms. Watkins: With respect to how much it costs. I can tell you that Three Kings costs $100, 000 and the MLK parade costs $35, 000. I do not have the actual documentation, but I will get that for you from the budget office. Vice Chair Carollo: Okay, and that's what I'm going to need because obviously -- Ms. Watkins: Sure. Vice Chair Carollo: -- I -- you know, like I always -- when I ask a question, I don't want you to tell me. I want you to show me. Ms. Watkins: Of course. Vice Chair Carollo: And I'm saying that respectfully 'cause I appreciate you saying that, but yeah, I think that's important, you know, 'cause that tells me right away, you know, 275 minus 135, we have "X" amount for other festivals, other organizations. And -- Commissioner Spence -Jones: And let me say this. I'm sorry. I'm going to let you finish. I want -- I'll yield back to you. I'm going to let you -- City ofMiami Page 87 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Chair Gort: Let him finish. Go ahead. Vice Chair Carollo: Thank you. And this -- I mean, on first reading, I could -- no, let me not say anything. But this is a hard vote for me and I'll tell you why, Commissioner Spence -Jones. And it keeps going on consistency, you know. And you start seeing my previous votes, you start seeing, you know -- I'm pretty consistent in a lot of things. I'm pretty consistent in I want to know the numbers. I don't want to get BS. I don't -- I want -- I believe in accountability, you know. I want to know where the funding is going to, where the funding is coming from. And you look at my voting history, very rarely, extremely rare have I voted for any surcharge, any fee, any taxes or so forth. Why? Just like I demonstrated during the budget, I feel that there's ways that we can find money, that there's cuts here and there -- and don't mean cuts of services. But there's -- come on, with the FOP (Fraternal Order of Police) contract, $900, 000 on the table that we didn't budget for this year in their fund balance. Commissioner Spence -Jones: You're saying we could find the fees to do these other things? Vice Chair Carollo: No -- yes. I'm saying there's -- Commissioner Spence -Jones: Right. Vice Chair Carollo: -- you know, so I always -- you -- okay. Commissioner Spence -Jones: I'm not talking about taking money from -- I want to be clear. Let's be very, very clear. We're not talking about taking money from -- monies from our general fund or from other cuts from government. I'm talking about people that from the outside, that if they go right across the street to Dade County -- I'm just using it as an example -- Auditorium, they're going to pay a certain amount of ticket surcharge no matter what, in the same city. Vice Chair Carollo: In the same County. Commissioner Spence -Jones: So -- which ain't going to have nothing to do -- we won't even -- this is money that doesn't have anything to do with us, period. It's coming to us. So -- Chair Gort: And it's in the City ofMiami. Commissioner Spence -Jones: -- if you're able to cut money somewhere else, it should be -- support something else that we need to get done in the City, keeping more people working or something like that. So I'm talking about if you're going to pay it at the Miami Arena, you know your ticket surcharge is this no matter what to go to see a Heat game. It's the same across the board with any venue, anything that's taking place within the City, so it's not money you're losing. It's actually money we're gaining. You understand what I'm saying? Vice Chair Carollo: No. I under -- Commissioner Spence -Jones: So I don't want to get those two items, you know, confused. I do want to add to you on the -- I know it came up, well, why don't we break it up between districts. I think that was the comment -- one of the comments that was made on there. Take the amount of money we have and then break it all up. Well, here's a perfect example. Three Kings gets $100, 000. That would be all the money -- the majority of the money. So I think that it should be based on a case per case basis, meaning it needs to be come and presented by the Administration or the organization, you know, and then we decide from that standpoint if we want to support it. And if Police and Fire is here, if we need to ask or have them drill down on the amounts, we can drill down at that moment on those amounts. So I think you're going to have the accountability that you're requesting or you want to see. It's going to happen because no matter what, it's got to come in front of you. And I know that you're not going to vote on nothing that you're not City ofMiami Page 88 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 going to add questions on that has anything to do with any money. So I think we've resolved that issue clearly because it's got to come here, no matter what. And I'm going to just say this. You know, I don't -- I have fundamentally decided, you know, when I got back in office -- because I used to do a lot of events in my district because my community, I really felt, needed as much motivation and restoring of hope and whatever we could do to get people, you know, happy about being in their neighborhoods again. But my viewpoint is a little different now. I'm not so event -driven so I'm not going to have all those events. My focus is maybe, you know, two or three key events that know are extremely important to stimulate whatever I need to have happen in my district and then focus on the real things, which is honestly providing more jobs and opportunities for the residents in my district. I think that's extremely important. But I know these little signature things that I do want do to help, let's say, Little -- the Little Haiti Northeast 2nd Avenue corridor where we're spending -- where we've spent millions of dollars, mind you, millions of dollars to -- for cultural complex, you know, and a marketplace that is now sitting, but hope -- now it's going to move now that they're approving to build it out. I got to do whatever I can do on that street to get people to come to the center 'cause guess what, it's a waste of time for us to have gone through all of that and we can't get people coming there to even see it. So my point is -- and then not to mention when they come, the little stores that are lined up on Northeast 2nd Avenue, they're going to be -- (UNINTELLIGIBLE) is going to be glad somebody's coming into his store now 'cause he's got 5,000 people showing up for an event. They may pick up a Haitian novel while they're there, you know. Andl know it sounds small, maybe perhaps sounds small to you guys -- Vice Chair Carollo: Not at all. Commissioner Spence -Jones: -- but it's huge for the people thatl represent. So I don't think it's a good practice for us to say here are all the events we're going to fund. I think that we should fund them based upon the need. When they come -- if we got 275 that's sitting in the bank right now, then when they come up here and they ask for approval on it, then we deal with it as it comes. And you guys haven't even mentioned Jose Marti, so I'm assuming it's not happening no more? Vice Chair Carollo: Well, I -- Chair Gort: Okay. Vice Chair Carollo: You know, every time we discuss this, there's so many topics that haven't had a chance to mention it. I can tell you, the organizers from Jose Marti parade have never come to me asking for any help. Commissioner Spence -Jones: So they're not -- it's not happening? Vice Chair Carollo: No. I'm not saying it's not happening. Commissioner Spence -Jones: Oh, okay. Vice Chair Carollo: It happened last year. The parade happened last year, and they didn't come for me for help. They invited me. I know who they are. I feel we have a, you know, good relationship. They have never come to me for help. As a matter of fact, I was a little surprised when Commissioner Dunn at that time, you know, requested to, you know, fund or help them with some of the funding because -- and again, I was invited to the parade. I -- you know, I have a, what I really feel, very good relationship with the organizer, and they have never come to me for funding. Commissioner Spence -Jones: When is -- I'm just curious, when is that parade anyway? City ofMiami Page 89 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Chair Gort: January, towards the end of January, 28. Commissioner Spence -Jones: So it's two -- so you guys have two parades happening in one month? Chair Gort: Yes. Vice Chair Carollo: Yeah. And like I said, the one that, you know, has come before us that I know -- and as a matter of fact, Commissioner Sarnoff, I know before -- and don't know about Commissioner Gort, but before any of us were Commissioners, back when my brother was mayor, there was one year that funding was extremely bad and he had to go through private funding and raise most of it through the private sector, so it has occurred in the past. Now is it extremely difficult? Yeah, I would say it's difficult. Plus let's say, you know, you raise money for this parade, there's others also. There's other parades, MLK and -- you now, it's not an easy thing, but has it been done in the past? Sure. I know for a fact who's done it, which I just mentioned. But with that said, listen, I think we've had enough discussion with this, at least for first reading. I am willing to support it on first reading. However, you know, please, you know, get together with me. Ms. Watkins: Sure. Vice Chair Carollo: Even -- and I'm not just making up things. You go to the minutes of the last meeting -- Ms. Watkins: Oh, I'm sure. Vice Chair Carollo: -- I requested -- Ms. Watkins: I'm sure it's there. Vice Chair Carollo: -- specific information. I have not received it. And again, I just want to make sure I have everything on the table. Ms. Bravo: Right. Vice Chair Carollo: You know, even what events are going to be charged. If someone asked me right now -- if a reporter asked me, Commissioner, do you know all the events in the City of Miami that's going to be charged a surcharge, my answer would be, no, I don't. I'll tell you one that l just thought of because it just happened and actually wanted to go to it, and was surprised they were charging, but they were. In Wynwood, they just had some art festival or museum; they were charging what, $5 or $10. Andl was thinking does this charge -- surcharge now going to bring them up to $11 -- Commissioner Spence -Jones: No, no. Vice Chair Carollo: -- or to $6? Commissioner Spence -Jones: Not a City -- is it a City venue? Ms. Watkins: It would have to be a City venue. Commissioner Spence -Jones: 'Cause it's only City venues. Ms. Watkins: And it's only for ticketed admissions. It's only on -- when we have a ticketed -- City ofMiami Page 90 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Spence -Jones: It's only a City -- Ms. Watkins: -- event at -- Vice Chair Carollo: But that was a festival. Commissioner Spence -Jones: Was it on the streets? Vice Chair Carollo: I believe so. Ms. Watkins: But our -- currently, the ordinance doesn't cover the public right-of-way. That's what we would amend it to do. The ordinance only covers City facilities. Commissioner Spence -Jones: Yeah. Commissioner Sarnoff. No, no, no. That's not -- Vice Chair Carollo: Okay, and let's say you're correct. Commissioner Sarnoff. Wait, wait, wait, wait. Chair Gort: Wait. It covers -- Julie O. Bru (City Attorney): In the public right-of-way, if there's a paid admission. Chair Gort: If there's paid admission. Commissioner Sarnoff. Right. Vice Chair Carollo: Yeah. Ms. Watkins: Right, right, but -- Commissioner Sarnoff. It does cover that. Vice Chair Carollo: Which there was. Chair Gort: Yeah. Ms. Watkins: -- the ordinance currently does not allow the City to collect ticket surcharge on events in the right-of-way. That's what we would amend it to do. Ms. Bru: No, no. It does already if there's a -- if it's for a paid admission. It says -- Ms. Bravo: The public -- in the ordinance as it reads today -- Ms. Bru: It has -- Ms. Bravo: -- public right-of-way is not -- Ms. Bru: It says -- Ms. Bravo: -- included. Ms. Bru: -- and/or the public right-of-way. City ofMiami Page 91 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Ms. Watkins: (UNINTET,TIGIBT,F). Ms. Bru: Well, it's not underlined. I mean -- Ms. Bravo: That's the proposed ordinance. Chair Gort: Well -- Ms. Bru: I'm reading -- let's just check -- let's check the -- we'll checkMunicode. But what I have in front of me says public right-of-way and it's not underlined so maybe it's a scrivener's error. Ms. Bravo: Yes. Ms. Bru: Okay. Ms. Bravo: And Commissioner, we -- we'll get you the information on the previous events and also information as to how the fees for the various services that are needed for each event are calculated, so why the fee for something like a Calle Ocho festival would be more than a one -afternoon event. Commissioner Spence -Jones: And -- ifI can also add to you. I think it's -- what -- 'cause what I think you're saying is actually a pretty smart idea -- is before we -- when we come back for the second reading, if there's any way in our briefings -- I'm sure we all have in our minds what we're forecasting to do for 2012, if we can also at least talk to the Administration about those things as well, you know, to make sure that at least we all understand what our missions are in our own districts and things that we want to kind of support to make sure that that's included prior to this, even though it still has to come in front of us and even though it may change. Let's say you may decide not do it, butl think that's smart for you -- for us to kind of know in advance Vice Chair Carollo: Heads -up. Commissioner Spence -Jones: Yes. I like that. That's good. Vice Chair Carollo: And my point was just made where, realistically, if a reporter asked me that question, I couldn't answer. I mean, I admit, I could not answer it. And we even saw there was discrepancies on what it says or not. So I want to make sure -- and I understand this is just first reading, so like I said, I will vote for it on first reading and make sure that for second reading all these questions are answered 'cause I want to make sure before I take a vote on second reading, I do have all these answers where any question that is asked of me, I can answer in a matter [sic] that is, you know, prudent, in a matter [sic] that is, you know, well thought of. Because, in all fairness, right now if I'm asked some of these questions -- I mean, we just saw it right now. I just proved my point. Even within the Administration, there's some discrepancies. Commissioner Spence -Jones: Can we just address that public -- I'm sorry, Mr. Chairman -- right-of-way issue? Because I know that's -- Chair Gort: I'd like to know the ordinance because my understanding is the public right-of-ways [sic] were involved in it if it was gated and it was charged. Commissioner Spence -Jones: Is it involved in it? Ms. Watkins: Commissioner, I drafted the amendments -- City ofMiami Page 92 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Spence -Jones: Right. Ms. Watkins: -- myself -- Commissioner Spence -Jones: Yes. Ms. Watkins: -- andl added the public right-of-way language to the ordinance in my draft. Commissioner Spence -Jones: Okay, so the question becomes -- and this is something that we want to know -- it's four of us sitting up here -- Chair Gort: What's in front of us? Commissioner Spence -Jones: -- is that something -- do we want public right-of-way in this? Okay. Commissioner Gort is saying yes. Chair Gort: Wherever there's a surcharge, that should be charged. Commissioner Spence -Jones: Okay, so -- all right. Commissioner Carollo, I mean, you -- Vice Chair Carollo: I don't know. I need to think about it, to be honest -- Commissioner Spence -Jones: Okay, no -- Vice Chair Carollo: -- with you. I just -- I need to have all my facts in front of me -- Commissioner Spence -Jones: Yeah. Vice Chair Carollo: -- in order to review them, analyze them -- Commissioner Spence -Jones: Okay. Vice Chair Carollo: -- sleep on it. Commissioner Spence -Jones: So show us both. Ms. Watkins: Sure. Commissioner Spence -Jones: Show us both instances -- Vice Chair Carollo: Yeah. Ms. Watkins: Sure. Commissioner Spence -Jones: -- when it comes back to us for the second reading. Ms. Watkins: You got it. Commissioner Spence -Jones: All right. Chair Gort: Wait a minute. Commissioner Sarnoff. Commissioner Sarnoff. Mr. Chair. First, I'm always sort of taken by Commissioner Spence -Jones and her -- City ofMiami Page 93 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Spence -Jones: Taken by me? Commissioner Sarnoff.. I was going to say nicely. Commissioner Spence -Jones: Okay. Commissioner Sarnoff.. -- by her -- Commissioner Spence -Jones: I'm like, where are we going? Commissioner Sarnoff.. -- argument and her suggestion for the little guy because obviously, I tend to think more in terms of like a banker, which is what is the return on this investment. You know, if we put 200, 000, $300, 000 down, what do we get back in investment? I don't think anybody has any clue as we sit here -- up here exactly what that ROI (Return on Investment) is, return on that investment, because we don't know what the deliverable was. For instance, the vagaries of the weather. I know that the Martin Luther King parade was pretty well rained out last year. Vice Chair Carollo: I was there. Commissioner Sarnoff.. Andl doubt -- I'm sorry? Vice Chair Carollo: I was there. Commissioner Sarnoff.. Yeah. And -- so remember, you're putting money up -- and can tell you, a Grove -- the Coconut Grove Chamber has a signature event. It's been rained out or frozen out two years in a row and they're essentially bankrupt. And that comes from depending upon the weather. These events depend upon the weather. If you went to your banker and you said to your banker, look, I'd like to borrow $200, 000, I'm sure that banker would say and what is your purpose? Well, I'm going to have a festival, outside festival. Okay, you're going to get insurance for the rain. No, I can't afford insurance for the rain. Okay, then you know that if it rains or the weather's very cold, there's a good chance you won't generate the kind of income you expect. This is the debate I simply want to have. I simply want to say you're dedicating citizen funds and make sure that the citizens' funds that you're dedicating, you understand what your deliverable is. For instance, let's take the Three Kings parade. I don't remember them ever getting rained out, but how many people were on that route the past three years? Well, 40,000 people. No, it was 60,000 people. No, we estimate 170,000 people. Let's get a tangible estimate. What were the vending -- what was the vending like? What was the return on the $100,000 the City of Miami put into it in terms of some sort of deliverable because there are recording devices. There are ways of us measuring whether we're getting any kind of ROI on this. And you know -- and here's what it really comes down to. And you know, is a dollar in your pocket better than a dollar in the government's pocket, and that's what it comes down to. Is it your discretionary dollar better in your pocket to decide to do whatever you want to do with it or do you believe that government is a better decider of what to do with that dollar? Now some of you up here may believe for that dollar, let government decide. Give it to the people who absolutely need it and create a signature event. There are others that might say, you're always better suited to keep the dollar in the person's pocket. Let them decide what to do with it. That's taxes. That's called money. And that's the great debate that America is going through right now, which is should government decide what to do with your money. And that's the debate I want to have. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. I mean, how long you guys want to continue to debate this? Commissioner Spence -Jones: Can we just go ahead and pass this -- City ofMiami Page 94 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Chair Gort: I mean, I'm -- Commissioner Spence -Jones: -- on first reading and make sure -- Chair Gort: -- willing to stay all afternoon. Commissioner Spence -Jones: -- that we -- Chair Gort: I don't have any problem with this. Commissioner Spence -Jones: -- and make sure that when we come back, all of these key questions are asked [sicg? And I'm glad you're taken with me, Commissioner Sarnoff. I just want to know where we're going. Commissioner Sarnoff. I'm going to vote for it on first reading. Chair Gort: Thank you. Commissioner Spence -Jones: Oh, good, good, good. Chair Gort: Yes. Commissioner Spence -Jones: I just -- I have -- Chair Gort: Commissioner -- excuse me. Wait a minute. Vice Chair Carollo: No. Chair Gort: Vice Chairman. He's got the floor. Vice Chair Carollo: I'll yield to Commissioner Spence -Jones. I actually, you know -- first of all, I was glad to see my colleague start drilling down on the numbers and do something thatl usually do. At the same time, the irony is that I would, you know, disagree with you a little bit and I'll tell you why. Something that, you know, in my accounting experience, I've come to learn quite a bit. Intangible. Sometimes there is intangibles that has a big value and guess what? You can't put a price on it. You can't, you know -- and that's the intangible value. Commissioner Sarnoff. Agree. Vice Chair Carollo: And I'll give you one real quick with Three Kings parade. The culture. We grew up with Santa Claus and so forth. The only reason -- probably the only reason that I know about Three Kings, one, my parents and two, because of that parade. Commissioner Spence -Jones: Yep. Vice Chair Carollo: So if we actually -- if that parade no longer exists, little by little that culture is going to disappear. I was able to visit Spain. I went with my wife for New Year's and we stayed a little longer. I was amazed at their Three Kings parade. Commissioner Spence -Jones: Wow. Vice Chair Carollo: And they don't really celebrate Santa Claus. It's Three Kings parade. It was -- I mean, this is -- I mean, it was just outrageous. Andl saw the culture there andl see what here we're still trying to maintain and we are maintaining. And when you see all those kids City ofMiami Page 95 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 coming and really, you know, taking in that culture, that's intangible value that it's hard to put a price tag on. And for the most part -- and you know this for a fact -- yes, I'll drill down the number and I'll say, hey, what's the return on the investment? You invested this, we received this. Hey, you know, is it cost effective, I've used a lot. Commissioner Sarnoff. And you know whatl was waiting for? I was waiting for somebody to say the intangibles. Vice Chair Carollo: Yeah. Commissioner Sarnoff. 'Cause there is an intangible. I can see that completely. Chair Gort: Excuse me. I think Commissioner Spence -Jones -- Vice Chair Carollo: And investing in this is like when we invest on Fourth of July. When we invest on Fourth of July, the fireworks show, and that's why I brought it up before. New Year's Eve, when the ball or the orange goes up or down, but the bottom line is then we have the fireworks show. I mean, this is, you know -- this is something that we provide a service to all of our residents. Chair Gort: Commissioner Spence -Jones. Commissioner Spence -Jones: I'm still stuck on Sarnoffs -- Commissioner Sarnoffs taken -- he's taken with me. Chair Gort: Taking you to lunch. Commissioner Spence -Jones: Let me just say this. I think that we all are going in the right direction and we know it's something that we need to address, you know. Sarnoff, you mentioned something about being -- you know, sometimes, you know, focus kind of like up here on the bigger picture and more jobs and more -- and again, that's the beauty about this dais, is that you have people that are from all different walks of life and different experiences, but we make up this wonderful city called Miami. Andl think that it's important to have all these voices because some -- things can't just be one way. It has to be shared amongst others. And you know, you're right, it could rain. Martin Luther King parade did rain last -- I think it rained last year, but you know, we could be building something and a hurricane could come and it could get knocked down, but we still got to build, you know what I'm saying? So we can't make a decision based upon whether or not, you know, the rain is going to happen or whatever. We have to do what we think is the right thing to do and that is to improve the quality of life for the people that we serve. You know, Commissioner Carollo eloquently, you know, talked about Three Kings. Andl may not have the full understanding of what it means to your culture, but I do know that it's something that's extremely important because, quite frankly, that many people would not be coming out to support it unless it did. The same thing applies for -- you know, I know at least two things that are very important to me in my district, and that is, you know, equality, justice and freedom, which all of us share, and that is the Dr. King parade. So there's no -- it should not even be any discussion on the importance of remembering a man that fought for those three issues. As matter of fact, I probably wouldn't be sitting up here today if he didn't fight for it, some -- all of us, actually. So we know that it's important. Andl don't want to compare apples to oranges because that's, you know, not really the point. But think that you got it andl saw the light bulb come on, which is like, yes, there's some things that are intangible and we all agree to, you know, making that happen. For me, it is the Dr. King parade. It's been something that's been in our community for God knows how long, before I was even born, you know. So -- you know, and then an initiative that we created -- 'cause I think it's important to celebrate, yes, the day that he was born, I think it's extremely important, but I think it's extremely important to remember how he died and when he died. So that was the reason why we did the vigil because City ofMiami Page 96 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 we don't want to forget the sacrifices that he made not just for him and his family but for all of us. So that's why we do the candlelight memorial service to make sure that we all understand the importance of the contribution that he made, not just for the African American community, but every single community that lives in Miami. So those two things are extremely important to me. So I say that in closing. Andl see the Chairman saying, okay, enough is enough, let's vote on this item and move on. I just want the Administration to address all of the issues that came up in today's conversation and at least be prepared to bring it back with, you know, the suggestions that we're making. So with that, I'd like to move this item. Vice Chair Carollo: Second. Chair Gort: There's a motion by Commissioner Spence -Jones, second by Vice Chairman Carollo. Is there any further discussion? I do have one. What is -- what are we voting on? Ms. Bru: Let me just clam this. This ordinance, as you can see from the backup, was not signed off by me, so it hasn't been reviewed as to form and correctness, so let me just clam. It is our custom and practice and our footnote indicates that any time new language is added to an ordinance, it is underlined. So it's -- for the record, the new provisions to this ordinance now will include that this surcharge applies to -- and that will be found in 53-1(a) -- it will also apply to new language now, the public right-of-way. So that is new language. It should have been underlined. And then also, in subsection C, new language now that should have been underlined is however, a portion of the surcharge equal to $1 from each ticket shall be set aside in a separate account to provide assistance to parades, community events and community programs the City Commission wishes to sponsor. Said allocation shall not apply to the Miami Convention Center until fiscal year 2016. "And then, of course, you already have underlined the increase of a dollar. Chair Gort: Okay, thank you. Everybody -- now I'd like for you to meet with every one of us with all the information we requested. I have a lot of issues, but I'm not going to bring up now. I think we discussed it quite a bit. So I want to make sure staff sits with every one of us for the second reading and we make sure a lot of the good questions what come up, that we need to answer, and we have to have the procedure and we have to have all that for the second reading. Yes, ma'am, roll call. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: This is your roll call on your first reading ordinance. Commissioner Sarnoff? Commissioner Sarnoff.. I can support it, but not as written. No. Ms. Thompson: No, okay. Thank you. Vice Chair Carollo? Vice Chair Carollo: Yes. Ms. Thompson: Commissioner Spence -Jones? Vice Chair Carollo: On first reading. Commissioner Spence -Jones: Yes, on first reading. Ms. Thompson: Chair Gort? Chair Gort: Yes, on first reading. Thank you. Ms. Thompson: The ordinance has passed on first reading, 3-1. City ofMiami Page 97 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 RE.1 11-01017 Chair Gort: What time you guys want to come back? Commissioner Spence -Jones: What time? Oh, it's 12: 30? Chair Gort: 2: 30? Commissioner Spence -Jones: 2: 30 is good. Chair Gort: 2: 30. Vice Chair Carollo: 2: 30. Chair Gort: Be back at 2: 30. Vice Chair Carollo: Thank you. END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ELECTING AND REAPPOINTING JULIE O. BRU, AS CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA; CONTINUING THE CURRENT COMPENSATION AND EMOLUMENT PACKAGE, UNTIL SUCH TIME AS THE CITY COMMISSION CHANGES THE COMPENSATION AND BENEFITS. 11-01017 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0467 Chair Gort: Okay, we go into very important items right now. RE.1. Julie O. Bru (City Attorney): Mr. Chair, RE.1 is a resolution whereby this Commission would reappoint and reelect Julie O. Bru to the position of City Attorney. Commissioner Suarez: I move it. Commissioner Spence -Jones: Second. Chair Gort: It's been moved and second. Any discussion? Commissioner Sarnoff.. I think there was some heavy lobby efforts. Chair Gort: Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. City ofMiami Page 98 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 RE.2 11-01018 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ELECTING AND REAPPOINTING PRISCILLA A. THOMPSON, AS CITY CLERK OF THE CITY OF MIAMI, FLORIDA; CONTINUING THE CURRENT COMPENSATION AND EMOLUMENT PACKAGE, UNTIL SUCH TIME AS THE CITY COMMISSION CHANGES THE COMPENSATION AND BENEFITS. 11-01018 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0468 Chair Gort: RE.2. Commissioner Suarez: Move it. Vice Chair Carollo: Second. Commissioner Spence -Jones: Second. Chair Gort: It's been moved and second. You want to read the resolution? Somebody read the resolution. The Resolution was read by title into the public record by Commissioner Francis Suarez. Chair Gort: It's been moved and second. Is there any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): Thank you, Commissioners. Commissioner Spence -Jones: And we look forward -- Chair Gort: Thank you. Commissioner Spence -Jones: -- to working with you both, ladies. Ms. Thompson: Thank you. Chair Gort: I'm a great believer in woman power. Commissioner Suarez: Ditto. Chair Gort: I have six at home so. Commissioner Sarnoff. I was going to say don't you have -- that's all you got at home. Commissioner Suarez: Ditto. City ofMiami Page 99 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 RE.3 RESOLUTION 11-00945 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Clerk ATTACHMENT(S), OFFICIALLY ACCEPTING THE ATTACHED CITY CLERKS CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS OF THE CITY OF MIAMI GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 1, 2011, FOR THE ELECTION OF COMMISSIONER DISTRICT 1, COMMISSIONER DISTRICT 2 AND COMMISSIONER DISTRICT 4. 11-00945 City Clerk Memo.pdf 11-00945 Unofficial Results.pdf 11-00945 Official Result Memo.pdf 11-00945 Certified Official Results.pdf 11-00945 Voting System Accuracy Audit Report.pdf 11-00945 Certification of Results.pdf 11-00945-Submittal-Back Up.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-11-0469 Chair Gort: RE.3. Commissioner Suarez: Move it. Vice Chair Carollo: Second. Chair Gort: It's been moved and second. Yes, ma'am, you're recognized. Priscilla A. Thompson (City Clerk): Just wanting to make sure your record is clear, Commissioners. When we initially went to print, we did not have the official results and the official audit and all the official papers. However, upon delivery of your package that you received did include all of the documentations, so our election is completely certified, audited, everything. Thank you. Chair Gort: Thank you. It's been moved and second. Any discussion? Yes, ma'am. Commissioner Spence -Jones: Not about this item. We already moved and second this, right? Chair Gort: Yes. Vice Chair Carollo: Yes. Commissioner Spence -Jones: Okay. I just want to ask one quick question. I know some time ago we talked about the issue of us looking at the elections, andl think might have asked the City Attorney and the City Clerk to look at, you know, how we can address the issue of these elections to cut on costs. Andl don't know -- we don't have to discuss it now, but would like for your guys to be prepared to bring that back, maybe not at December 15; maybe in the January meeting, in some form of us looking at how we can consolidate some of these elections to reduce on costs because as we know, as time goes on, it's going to get a little tight. Ms. Thompson: We are definitely meeting and working on that, Commissioner, as you directed. City ofMiami Page 100 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Spence -Jones: Okay, thank you. Ms. Thompson: Thank you. Commissioner Suarez: Got to vote. Chair Gort: Okay. All in favor, state it by saying, aye." The Commission (Collectively): Aye. RE.4 RESOLUTION 11-00943 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "STATE HOMELAND SECURITY GRANT PROGRAM SUB -RECIPIENT AGREEMENT FOR EXPENDITURE OF LOCAL GOVERNMENT UNIT FUNDING FOR FLORIDA URBAN SEARCH AND RESCUE ("USAR") TASK FORCES FOR FISCAL YEAR 2010" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $227,689, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF FINANCIAL SERVICES, TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE TO ACQUIRE EQUIPMENT, PROVIDE TRAINING IN STATE FIRE MARSHAL APPROVED USAR TRAINING COURSES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. 11-00943 Summary Form.pdf 11-00943 State Homeland Security Grant Prgm. FY'10.pdf 11-00943 Legislation.pdf 11-00943 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-11-0470 Chair Gort: RE.4. Reginald Duren: Reggie Duren, Deputy Fire Chief. RE.4 is a resolution of the City Commission establishing a special revenue project for the Urban Search and Rescue Team, USAR, for fiscal year 2010, and appropriating funds in the amount of $227,689 to acquire equipment and provide training; further, authorizing the City Manager to execute the agreement and to implement the acceptance and administration of the grant award. Chair Gort: Okay, discussion. Commissioner Suarez: Move it. Vice Chair Carollo: Second. Chair Gort: It's been moved by Commissioner Suarez, been second by Vice Chairman Carollo. City ofMiami Page 101 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Any further discussion? Yes, sir. Commissioner Sarnoff. Chief I just want to confirm that -- I know you've said this in the past. I guess I'm just reconfirming. We no longer front for any of the other municipalities, right? Deputy Fire Chief Duren: No, sir. And that specifically is for UASI (Urban Areas Security Initiatives). Commissioner Sarnoff. UASI. Deputy Fire Chief Duren: USAR is our own entity that we provide resources for -- Commissioner Suarez: I always get confused too. Deputy Fire Chief Duren: -- City money. Yes. Commissioner Suarez: I -- Deputy Fire Chief Duren: It's common. Commissioner Suarez: -- it's very confusing. Commissioner Sarnoff. So -- but this is USAR and the next one is USAR as well? Commissioner Suarez: It's UASI, right. Deputy Fire Chief Duren: Yes. Commissioner Sarnoff. Okay. So it's not -- none of them are UASIs? Deputy Fire Chief Duren: We do have a UASI item coming forward shortly. Commissioner Sarnoff. We do? Chair Gort: Yeah, we do. Deputy Fire Chief Duren: Yes. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RE.5 RESOLUTION 11-00944 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW Fire -Rescue SPECIAL REVENUE PROJECT ENTITLED: "FISCAL YEAR 2011-DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA"), URBAN SEARCH & RESCUE COOPERATIVE AGREEMENT," AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $1,149,578, CONSISTING OF A GRANT FROM FEMA TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE TO ACQUIRE EQUIPMENT, TRAINING, SUPPORT, ADMINISTRATIVE AND PROGRAM MANAGEMENT, EQUIPMENT CACHE PROCUREMENT, MAINTENANCE AND STORAGE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID City ofMiami Page 102 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 GRANTAWARDAND TO EXECUTE THE NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANTAWARD. 11-00944 Summary Form.pdf 11-00944 Dept. of Homeland SecurityAgmt. FY'11.pdf 11-00944 FY'11 Guidance &Application Kit.pdf 11-00944 Legislation.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-11-0471 Chair Gort: RE. 5, UASI (Urban Areas Security Initiatives). Deputy Fire Chief Reginald Duren: Just wanted to make another entrance. RE.5 is a resolution establishing a new special revenue project for FEMA (Federal Emergency Management Agency), the Urban Search and Rescue Team for fiscal year 2011. It's a cooperative agreement in the amount of $1,149, 578. Chair Gort: Okay. Questions. Commissioner Suarez: Move it. Vice Chair Carollo: Second. Chair Gort: It's been moved and second. Moved by Commissioner Suarez, seconded 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. RE.6 RESOLUTION 11-00975 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), URGING GOVERNOR RICK SCOTTAND THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE ISSUES ADOPTED AS THE LEGISLATIVE PRIORITIES FOR THE CITY OF MIAMI DURING THE 2012 LEGISLATIVE SESSION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 11-00975 Summary Form.pdf 11-00975 Legislation.pdf 11-00975 Exhibit 1 SUB.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0476 Chair Gort: RE.6. City ofMiami Page 103 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Spence -Jones: I believe -- Chair Gort: There we go. Commissioner Spence -Jones: -- we're going to also deal with the SR.2 items. Commissioner Carollo, are you --? Chair Gort: RE. 6 on SR.2. Commissioner Spence -Jones: I'm assuming -- these all the legislative priorities? Kirk Menendez (Intergovernmental Affairs Liaison): Yes. Commissioner Spence -Jones: I can just go 'head and say that, you know, I do have a concern about SR.2, which is not actually on here. I would like to see if it's possible, Kirk, Mr. Menendez, that we could try to figure out a way to at -- I understand that the whole NRA (Naitonal Rifle Association) issue, but I think that we all can agree with the -- even the most recent shootings in and close to our parks, if nothing else, we should be standing up on why we feel that it's important not to be able to have a gun in the park. I think that that message needs to be included as a part of our priorities. I don't know if you want to expound on whether or not -- Mr. Menendez: Sure. Commissioner Spence -Jones: -- one, we can amend this to include that. Mr. Menendez: Yes. Commissioner Spence -Jones: I know at least one senator totally agrees with me on this issue and is willing to support that, and another state representative. I just think that we have to send that kind of message. Your thoughts on this issue -- I'd like to have any input from my fellow colleagues on this issue, if they have any thoughts on it. But I at least wanted to be responsible Mr. Menendez: Of course. Commissioner Spence -Jones: -- enough to address it. Mr. Menendez: Kirk Menendez, Office of the City Manager. Commissioner, I'm in complete agreement. In fact, I have a few items that want to add to the priorities that were distributed as part of the agenda package. But I agree with you. Last year a bill was passed basically not allowing local governments to pass or have enforced laws -- guns laws that are stricter than the state. It's had sweeping effects throughout the state, impacting cities up and down the coast. And of course -- andl agree with you completely. It puts our residents, especially our children, at risk, and we as the City ofMiami have a duty and responsibility to be the voice of the community. And I'd be more than happy to add it to our priorities and lend a voice -- our voice to the folks and the Legislature in Tallahassee. And in speaking with other members of the City, the Administration, Law Department, there are a few cities that have spoken out their concerns regarding the legislation last year. And we'll reach out to those local governments and perhaps try to create some form of coalition. I think, in light -- as you said, the lobbying and the organizations that supported the change last year, we, too, need to team up and find ways to let our concerns be heard. Chair Gort: IfI may for a minute. One of the request that we had from the Miami -Dade League of City [sic], which we are a member, you are sending our response to the legislation [sic] -- our items to them. City ofMiami Page 104 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Mr. Menendez: Yes. That's -- Chair Gort: I think this is one that the -- then I'll let the -- Commissioner Suarez, who represent the League of Cities, to speak on their behalf. Commissioner Suarez: Thank you, Mr. Chairman. No. I basically echo your statements, your sentiments. You know, we decided this year not to rejoin with the Florida League of Cities, and we upped our contribution to the Miami -Dade League of Cities and so -- in conjunction with reducing our lobbying budget drastically. So I think what that basically means is we put more of the work as we've done on a variety of occasions throughout this time on ourself. And so what I would just urge you, Kirk, to do is to guide us throughout this process in terms of you know, if we have to go up -- you know, 'cause obviously there's no way that we're going to, nor should we, spend anywhere near the amount of money that we were spending before, but we have to be effective advocates up in Tallahassee. So that may mean that each one of us at one point or another -- Mr. Menendez: Right. Commissioner Suarez: --is going to have to go up there, so -- andl think we all should, either together or individually go up there. if you think it's better to spread us out, you know, to do -- to go up individually in different circumstances so that we can be kind of in their face more often -- Mr. Menendez: Of course. Commissioner Suarez: -- we can do that. Or if you think it's more powerful for us to go up as a body, you know, whatever you do, 'cause it's really -- it's on us now so -- Mr. Menendez: I'll take the necessary steps and make arrangements for that and advise the Commission as to the best possible time and how to structure that. We've had ongoing discussions, in fact, meetings with the Miami -Dade League of Cities. In fact, they have adopted two of our priorities, one dealing with local option fuel tax and the other UASI (Urban Areas Security Initiative) item based on our presentation discussions. So they've been very cooperative. Andl agree, this is definitely an item that impacts cities, residents so I'm sure I will bring it to their attention the next meeting, andl look forward to them adopting it as well. Chair Gort: Okay. Commissioner Spence -Jones: So I just wanted to also add, I know that there was an issue on the CRAs (Community Redevelopment Agencies) as well, but don't see that on your legislative priorities. Didl miss it? Mr. Menendez: No. IfI may, when this package was submitted, certain bills had not been filed yet. Commissioner Spence -Jones: Okay. Mr. Menendez: So I have a brief list of items that I'd like to here on the floor add to the current list and, in conjunction with the Clerk's office, make it part of the final record. One has to do with a claims bill against the City, Melvin and Alma Colindres, in an effort to receive compensation connected to a wrongful death action, something that was filed last year that we were successful in defeating, but it's back again. The other has to do with legislation HB 361, to prohibit or diminish local governments' authority to impose local business taxes. This is a recurring thing, but again, it's back again. There's legislation to prohibit -- HB 603 prohibit local governments from imposing impact fees. There isn't much of an appetite in Tallahassee. City ofMiami Page 105 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 They're focused really on redistricting and their budget issues. But nonetheless, Representative Weinstein filed it. There's growing opposition, but I think it's important that we take position on efforts to prohibit impact fees. And then of course, Commissioner, legislation was filed: HB 547, SB 840. That basically provides a county the authority to terminate a community development -- redevelopment agency operated or located in its boundaries under certain conditions, and the bill lays out the conditions. It also provides that a county may withhold approval of a CRAss budget. I've met with the Office of the City Attorney on this matter, and we also met with the director and the staff of the CRA. I don't know if at this time you want to delve deeper into this issue or bill. I think the executive director of the CRA is here and perhaps you may want to have a conversation. Nonetheless -- Commissioner Spence -Jones: You are including -- Mr. Menendez: -- I'm adding it to the priorities. Commissioner Sarnoff.. Well, maybe I'll ask the City Attorney this question. How can they legislate -- the Omni CRA is -- I guess Southeast Overtown/Park West as well -- part of a global agreement, which is a contract. Am I right? Kira Grossman (Assistant City Attorney): Correct. Commissioner Sarnoff.. You cannot impose legislation post contract. Ms. Grossman: That is true. With respect to this bill, as I'm sure you're aware, during session they had the capability to amendment -- amend the bill on numerous occasions. With respect to this one, this one is specifically targeted at sunsetting the CRAs that are not performing to the capability that the County would like to see them performing at. And so that's really where this legislation is targeted at. And we've had conversations with the representative who filed the bill. He's very open to any amendments that we would like to propose that would exempt any of the CRAs that are performing to proper standards and that are also under contract. Commissioner Spence -Jones: I guess -- Ms. Grossman: So we need to make sure that we preclude those that are under contract from the legislation, and he's aware of that. Commissioner Spence -Jones: -- my issue would be based on whose understanding, meaning the County can make a -- who makes the decision that they're not operating at the level that they should be? Who determines that? Ms. Grossman: This determination was actually prompted by a Commissioner from the County. That's why this bill was ultimately filed. Commissioner Spence -Jones: Okay. So -- but I know that. I guess my question -- let's say Miami -- the City ofMiami, we're not even included in it. Let's say it's another city that has another CRA that has a county. Who determines whether or not they're meeting their objectives? Ms. Grossman: That's ultimately -- you know, you'd have to take a look at their budgets see how they're performing, but there's really no standard, legislatively speaking -- Commissioner Spence -Jones: So ifI don't like you -- I'm just using it as an example -- Ms. Grossman: Right. Commissioner Spence -Jones: -- and I don't -- I think you should be building 300 units per year City ofMiami Page 106 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 and you're building 100 units per year, not understanding all of the details surrounding -- around trying to get things done. I'm just using this as -- only as an example. Who determines whether or not you're meeting your goals? Ms. Grossman: It's based on -- it's based -- the legislation doesn't reflect whether or not there are certain targeted goals. It's just a matter of this specific one was targeted at the sunset provisions for the CRAs and being able to terminate those CRAs that are not performing, but they're -- I'm sure the bill will be amended to the point where you can add the provisions in. Ultimately, right now the bill doesn't provide any provisions for what's nonperforming at this time. Chair Gort: We have to make sure -- Commissioner Spence -Jones: That's okay. Chair Gort: -- the criterias [sic] are set to make sure that CRAs like ours, they are function, they have commitment for years, cannot be closed. Mr. Menendez: And as the assistant City attorney, Kira Grossman, mentioned in our discussions with the bill sponsors, they're open to allowing the City, the CRAs to provide amending language that will protect or exclude those CRAs that obviously are not behind the intent of this bill. Chair Gort: Especially for the CRAs that we have. Mr. Menendez: Yes. Chair Gort: I think it's very important that we really stay on top of that. Mr. Menendez: Yes. Commissioner Spence -Jones: So I'm just curious 'cause -- andl loved how she so eloquently put it. So throughout the whole state of Florida, the only county that decided that this was very important was Miami -Dade County? Ms. Grossman: Correct. Commissioner Spence -Jones: Wow, that's deep. So I'm assuming you don't want to -- Ms. Grossman: And they ultimately have the capability to -- Commissioner Spence -Jones: -- say which County Commissioner. Is that -- you're trying to be politically correct? Ms. Grossman: Correct. Commissioner Spence -Jones: Oh. Commissioner Sarnoff. So who is the County Commissioner? Commissioner Spence -Jones: Who is the County Commissioner? Ms. Grossman: Lynda Bell. Chair Gort: I'm sorry. Before we continue, could you introduce yourself? City ofMiami Page 107 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Ms. Grossman: I'm sorry? Chair Gort: Could you introduce yourself. Ms. Grossman: Kira Grossman, City Attorney's Office. Chair Gort: Thank you. Commissioner Spence -Jones: So who was it? Ms. Grossman: Commissioner Bell. Commissioner Spence -Jones: Bell? Ms. Grossman: Um-hm. Commissioner Sarnoff. Lynda Bell. Ms. Grossman: Lynda Bell. Commissioner Sarnoff. Lynda Bell. She won -- Commissioner Spence -Jones: Oh. Commissioner Sarnoff. You know Lynda. She is -- she -- Katy Sorenson. Commissioner Spence -Jones: Oh, she came after --? Commissioner Sarnoff. Yeah. My question, Madam City Attorney, is a little different. I'm looking for the expression in law when you have a contract and then -- impairment of existing contractual relationship. Has anybody tried explaining to Commissioner Bell or any of the other legislators up there a constitutional understanding that you cannot impair contracts by further legislation? Ms. Grossman: Unfortunately, it's not our job to explain that to her. Ultimately, it's up to the state legislators to put the necessary implementations into the bill. And at this time our goal -- as the legislative priority, per Kirk, our goal is to not support this legislation if it ultimately detrimentally affects the City. From the intergovernmental affairs position, we want to make sure that we do not support this bill, and that's the point of including this in the priority package. Commissioner Suarez: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Suarez: Thank you. I think -- and this is kind of to answer your question, Commissioner Sarnoff -- the Legislature, just like we, can do pretty much whatever we want. Does that mean that we enact a constitutional statute? That's another question. But you know, I haven't read the legislation so I don't know what it says and if it even talks about that specific issue, which is a logical -- you know, it's something logical you'd have to talk about. How can you not take into account the existing obligations of the CRAs? So, again, I haven't read the legislation so I don't know if it does or doesn't take into account that. But my guess is that if it didn't, it may be unconstitutional, so -- yeah. I mean -- Commissioner Sarnoff. And my point is, just before they pass something that's unconstitutional, are we doing a good job of -- City ofMiami Page 108 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Spence -Jones: In communicating. Commissioner Sarnoff. -- providing to them -- Commissioner Suarez: Yeah. Commissioner Sarnoff. What was it, the 1997 agreement, then the 1990 -- there were three agreements, if I'm not mistaken. Commissioner Suarez: Two thousand -- was it '97? Commissioner Sarnoff. Well, I think -- he knows exactly where they are. Commissioner Suarez: What -- the other thing is that -- go ahead. Go. Chair Gort: Yes, sir. Pieter Bockweg: Pieter Bockweg, executive director of the CRA. There's the 1996 interlocal agreement and then it was amended in 2007. Commissioner Sarnoff. That's it. andl just -- all I'm saying is is the City by an attorney -- andl know, Kirk, you're an attorney, but are you getting some help from the City Attorney's office on at least advising the legislators and their staff that impairment of contract by legislation after the fact is like the first tenet of unconstitutional legislation. Commissioner Suarez: Let me -- Commissioner Sarnoff. Now, while I don't mind if they'd like to impair Omni and pay me back -- meaning me as in the City and the taxpayers' -- $42 million, that's okay, you know, and we might take that bet. You want to pay back the 42 million that we've put into, you know, the super block and in the PAC (Performing Arts Center), that's a different question. But as long as they made an agreement, they should have to live up to and honor the agreement that they made. So I just want to make sure that somebody is at least giving you the material, the case law, whatever you'd like to call it, the doctrines that advise the people who are going to be putting pen to paper and saying, well, you might need to accept the Omni, we might need to accept Southeast Overtown/Park West because they're contractually bound to do certain things. Mr. Menendez: We're -- I'm working closely with the Office of the City Attorney. We've met with the legal counsel also for the CRA, so the -- we're in the process of crafting the language. Andl am confident that all the legal positions and issues that need to be brought up will be brought up . Commissioner Spence -Jones: Mr. Chairman. Chair Gort: Yes. Commissioner Spence -Jones: I -- the only thing would like to add to Pieter, the CRA director, it's extremely important two things happen. I think the first thing that -- well, not necessarily in any particular order. I think it's extremely important that you do have a conversation, if you already have not, with Commissioner Bell so she fully understands what's going on. I think that's important. And then we pay a lobbyist from the CRA, you know, which I have on my upcoming agenda, which I have concerns about on the federal level and on the state level, andl like both firms, but I need to see a little bit more happening. And the question becomes, you know, is he on it as well to make sure -- 'cause we're paying him to be on it -- that this is not an issue. City ofMiami Page 109 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Mr. Bockweg: Commissioner, just to address your first -- I have already met with Commissioner Bell as well as her chief of staff to go over the amendments that were proposed. And the concerns thatl raised to her was they're using a very big brush to paint all the CRAs in Miami -Dade County. And part of the things that we've been doing in the CRA is meeting with every County Commissioner to advise them not only of our legal obligations as per the interlocal agreement to meet certain obligations, but also the impacts that it would have. Out of all of the Commissioners that we have met, the message has been consistent. And they have said, listen, this is not directed towards the Miami CRA. This has to do with other CRAs in the County. My response to that is well, if that's the case, then I would like to find a way that we can exclude ourselves from these provisions. There's numerous provisions in the amendments that could be very detrimental not only to the CRA of course, but to the City itself if we are terminated. And it kind of is even contradictory to where it allows the County to terminate the CRA, but it still obligates the CRA to pay the debt service, but not pay any operational expenses. So, you know, where do you go? And I'm not an attorney, but Commissioner Sarnoff had mentioned the legal side of it. Part of the amendments in this -- in the chapter calls for the Board of County Commissioners to assume the responsibility of the CRA board. Now one of the things that we have been looking into is that subject of dual office holding and how that conflicts with the State's constitution about having the ability to have a dual office holding and if that's a confliction. So I -- that's one of the things that we've looked at. Commissioner Spence -Jones, I have spoken with our lobbyist, Doug Bruce. He is on top of it. He knows exactly what's going on. And we are following it very close. I've also met with Representative Erik Friesen, and he concurred with what Kira said. If you have any changes, please let us know. We're not -- you know, we don't object to amending it in any way. Vice Chair Carollo: Mr. Chairman. Chair Gort: Thank you. Yes, sir. Vice Chair Carollo: Thank you, Mr. Chairman. I have a question for Mr. Menendez. Are the obligations covered by the bill? Mr. Menendez: Could you repeat that? I'm sorry. Vice Chair Carollo: Are the obligations or are obligations covered by the bill? Mr. Menendez: I'd have to defer to the Law Department with regards to that question. Ms. Grossman: Yes, it would. Vice Chair Carollo: Yes, okay. 'Cause I've looked into it, and yes, they are covered in the bill, and bond obligations are not included -- or I don't know if I'm saying the right terminology. But the bottom line is yes, they can cut the funding, but not if it's something that's obligated by a bond. Mr. Bockweg: Yeah. Commissioner Sarnoff.. But -- Vice Chair Carollo: And correct me if I'm wrong. Ms. Grossman: No, that is correct. Vice Chair Carollo: That is correct. Mr. Bockweg: The debt is exempt -- City ofMiami Page 110 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Vice Chair Carollo: The debt is exempt. Mr. Bockweg: -- from that. Commissioner Sarnoff. But herein lies the problem. Let's use a real tangible issue here. Let's use -- Commissioner Suarez: There's two of them. Commissioner Sarnoff. -- the tunnel, okay. Mr. Bockweg: Right. Commissioner Suarez: There's more than that. I know what you're saying. Commissioner Sarnoff. All right, go to the tunnel. The City -- Commissioner Spence -Jones: Yeah. Commissioner Sarnoff. -- is obligated -- I think the primary obligor to put the -- I guess it's down to $45 million left for the tunnel project, and the CRA was always a place that we were going to find to do that. Now if you imagine if they decide well, you didn't bond it. It's really not an obligation of the CRA. You conveniently moved it to the CRA, Mr. City, so you know what; we're not going to count that, and now we have a $45 million obligation that the City thought the CRA would harbor. And I'd just be careful with the expression bonding'because we intended to bond it. We wanted to bond it. We went through the process of bonding it. But we never got far enough along 'cause the County didn't cooperate. Mr. Bockweg: Well, I was going to add to that, Commissioner, is that -- and that's one example and Museum Park, of course, is another one. Commissioner Sarnoff. That we would be the one to put the necessary -- forgot the word that they call it. Mr. Bockweg: The road. We're legally -- Commissioner Sarnoff. Yeah. Mr. Bockweg: -- obligate -- Commissioner Sarnoff. There's a nice word for that road. I forgot what they call it, but you're right; the roadway, which is about a five million -- that roadway in and of itselfl think is $5 million. Mr. Bockweg: Phase I is close to $10 million -- Commissioner Sarnoff. Right. Mr. Bockweg: -- which includes the infrastructure. Commissioner Sarnoff. Again, that was something that was always intended the CRA would do, but I think the agreement's with the City -- so that becomes another one of those well, it was going to be bonded but it didn't get bonded and, you know -- City ofMiami Page 111 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Mr. Bockweg: Well, both are actually also in the global agreement, the tunnel -- Commissioner Sarnoff.. Correct. Mr. Bockweg: -- and the -- Commissioner Sarnoff.. Well -- and that's why I keep on going back to the global agreement because you can't make an agreement and then promote legislation that violates that agreement. That's unconstitutional. And besides the fact it's probably immoral, but morality is a funny thing. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I bring that up because last legislative session I got a little involved andl just saw how I was receiving information much faster than from our legislative team, andl'll leave it at that. And with all due respect, you know, I'm saying that I just feel that this year I want to raise the bar. I want to make sure that we receive the information accurately, much quicker. As a matter of fact, this bill -- the CRA bill was filed on a Wednesday by Representative Friesen; on Friday by Senator Diaz de la Portilla; andl didn't hear anything until mentioned it to the Administration; and then Monday or Tuesday is when finally, you know, someone, you know, said something. I didn't send an e-mail (electronic) like I usually do and update everybody on what's going on, but I really do believe that, especially with issues like the CRA -- andl'll mention some of the other ones that I think are important -- we need to be better and we need to raise the bar on the timing of the information and the accuracy of the information. We saw it -- and again, I'm not going to go into great details, but we saw it, you know, in the last legislative session when we were told one thing and one thing and one thing and -- Commissioner Sarnoff.. I was just thinking of sending you up there. Vice Chair Carollo: I wouldn't go that far, but -- Chair Gort: Yeah. Vice Chair Carollo: -- you know, we had great success when it seemed like it was all bloom and doom -- Commissioner Sarnoff.. We'll send Briana up there. We'll send -- don't worry. We'll set you up. Vice Chair Carollo: -- you know. But I actually already went. I was going to go already once to Tallahassee this year during committee week, but I did not go. However, I just want to make sure that this year we raise the bar. You know, I wanted accurate statements of what's going on. I don't want you saying one thing. Commissioner Sarnoff, I clearly remember, was -- told us another thing. So this year, I'm telling you, even though -- you know, andl say this respectfully -- you know, I didn't say -- send an e-mail for this case, I expect a lot more. I expect way more. And you know, we have very important issues. I'll tell you one that was mentioned here, you know, with a one sentence maybe, gaming. I think we need to monitor that. Mr. Menendez: Yeah. Vice Chair Carollo: We need to monitor that a lot. It's something that I'm reading more about. I'm getting more involved and I'm obtaining a lot more information because something like gaming -- I mean, we have a one-liner here. The truth of the matter is that could change the whole landscape ofMiami and South Florida for the good or for the bad. So that is something that, you know, I think deserves a, you know, lot of careful analysis, andl think we all should be City ofMiami Page 112 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 involved in that. So I'll leave that for right now. And, you know, if any one of my colleagues want to, you know, continue, there is one other issue that I think is extremely important, not that any of these other ones are not. However -- andl understand there's state legislative priorities. But every time I hear anything about priorities, whether state or federal, I think about, once again, our elderlies, our children. And back in May 27, 2010I sponsored the resolution for the CDBG (Community Development Block Grant) funding to increase it from 15 to 25 percent. I am very proud, extremely proud to say my colleagues backed me unanimously. We know the importance of that. And once again, I don't want it to be forgotten. I know we came real close. I know we came so close and just -- it's Congress, I understand. But I think there's a real, real good chance of getting the bill finally introduced, finally passed. And once again, I do not want to lose focus that CDBG funding, raising the cap from 15 percent to 25 percent -- in other words, to have the flexibility to use the same amount of fundings for our elderly, our children is extremely important to me. Thank you. Mr. Menendez: Okay, thank you. Commissioner Spence -Jones: Mr. -- Chair Gort: Thank you. Yes, ma'am. Commissioner Spence -Jones: The only thing that I would want -- you mentioned gaming so I don't have to mention that at all. But I do think that the legislation regarding the job creation is extremely important. I know it's -- I'm sure it's not listed on here in any particular order of importance, but it is definitely something that we need to really, really push in a big kind of way. Mr. Menendez: Yes. Commissioner Spence -Jones: And I'm not really sure fully what the 59 enterprise zones are and where they are at least in our city. That's something that I would like to definitely know. I know at one time or the other the first four years that I was in office when we did go to Tallahassee, that was something that they was pushing really hard, the enterprise zones, and for some reason they were never able to get it passed. But I would like to definitely have a greater understanding of what, you know, the overall goal is with this particular legislation. Mr. Menendez: Well, that particular piece of legislation is sponsored in the House by Jeanette Nunez and in the Senate by Rene Garcia. We've met with our Dade Delegation leadership on this issue. The House version, I've been told, is going to change significantly. I assume it's going to reflect more of the Senate side, but we're working closely with them. It's important to them and obviously it's important for the City ofMiami to spur economic development and jobs in our areas, so we're working closely with our Dade Delegation. It's their item, but we're completely behind it. Commissioner Spence -Jones: Okay. Chair Gort: Okay. Thank you. Anything else? Vice Chair Carollo: One -- Chair Gort: Keep us abreast 'cause a lot of times we can be making phone calls to the people we know up there and make them change some of their minds. Yes, sir. Vice Chair Carollo: Mr. Chairman, just one thing, andl don't want to be on this subject too long, even though obviously it's important, but I think we have a long meeting ahead of us. Real quick, something that Commissioner Sarnoff mentioned as far as the City paying, which, by the way, you brought a good point. Should the funding be cut from the CRA, wouldn't that funding City ofMiami Page 113 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 then come to the City, and then the City could have the option to pay the 45 million? So, you know -- but, again, this is things that I'm hoping that -- Commissioner Sarnoff. I thought that -- I thought, just like -- Vice Chair Carollo: -- Mr. Menendez -- Commissioner Sarnoff. Right. Vice Chair Carollo: -- has already analyzed or the -- Mr. Menendez: Yeah. Vice Chair Carollo: -- the legislative team can analyze and already have it before us, and that's why, you know, I respectfully say this year I really want the bar to be raised. I really want, you know, this innovating thinking, I mean, and not just innovating thinking; tracking. Mr. Menendez: Right. Vice Chair Carollo: Knowing, you know, when things happen up there 'cause as we all know, things can move real quickly in Tallahassee or real slow. Mr. Menendez: Right. Vice Chair Carollo: So again, I'm just -- I wanted to bring that up and -- real quickly just to make sure that we are all on the same page as far as what is expected of you, what is expected of the legislative team, and the level of analysis, and the level of tracking, and getting back to us, the Commission. Mr. Menendez: We will. Thank you, Commissioner. Vice Chair Carollo: Thank you. Chair Gort: Thank you, sir. Ms. Thompson: Excuse me. Chair. Chair Gort: Yes. Ms. Thompson: Before we move, I just want to make sure for our records that Mr. Menendez completed his amendments to the list. Mr. Menendez: Yes. And I'll submit a hardcopy to your office shortly. Ms. Thompson: Thank you. Chair Gort: Thank you. SR. 7. Ms. Thompson: You need to take some action. It's a resolution. Commissioner Spence -Jones: Yes. Commissioner Sarnoff. Move it. Commissioner Spence -Jones: Second. City ofMiami Page 114 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 RE.7 11-00976 Department of Capital Improvements Program Commissioner Sarnoff. As amended. Commissioner Spence -Jones: As amended. Vice Chair Carollo: And discussion. Does that include what said with regards to every --? Commissioner Sarnoff. As amended and modified Chair Gort: Yes. Vice Chair Carollo: -- including everything that said and -- Chair Gort: Yes. Vice Chair Carollo: Gotcha. Commissioner Sarnoff. As amended and modified, double amended and double modified Vice Chair Carollo: You got it. Chair Gort: Okey-doke. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A GRANT FROM THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY FOR THE OVERTOWN GREENWAY FROM NORTHWEST 3RD AVENUE TO NORTHWEST 7TH AVENUE ALONG NORTHWEST 11TH TERRACE, PROJECT, B-30624, IN AN AMOUNT NOT TO EXCEED $1,120,088; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL DOCUMENTS NECESSARY FOR SAID PURPOSE. 11-00976 Summary Form.pdf 11-00976 Legislation.pdf 11-00976 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0472 Chair Gort: RE.7. Albert Sosa: Albert Sosa, director of Capital Improvements. RE.7 is a resolution of the City of Miami Commission accepting a grant from the Southeast Overtown/Park West CRA (Community Redevelopment Agency) in the amount of $1.1 million. City ofMiami Page 115 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 RE.8 11-00971 Department of Capital Improvements Program Commissioner Spence -Jones: So moved. Commissioner Suarez: Second. Vice Chair Carollo: Second. Chair Gort: It's been moved and second. Moved 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 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THREE (3) GRANTS OF EASEMENT AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM(S), TO MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, FOR EASEMENTS ON CITY OF MIAMI OWNED PROPERTY LOCATED AT 1075 BISCAYNE BOULEVARD, MIAMI, FLORIDA (ALSO KNOWN AS BICENTENNIAL PARK), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF EACH AGREEMENT, ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION OF WATER FACILITIES, FOR THE CONSTRUCTION OF SANITARY SEWAGE FORCE MAIN FACILITIES AND AN EASEMENT FOR INGRESS/EGRESS PURPOSES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT. 11-00971 Summary Form.pdf 11-00971 Legislation.pdf 11-00971 Exhibit 1.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0473 Chair Gort: RE.8. Albert Sosa: RE.8. Albert Sosa, director of Capital Improvements. It's a resolution of the Miami City Commission authorizing the City Manager to execute three easements for Museum Park. Basically with the replatting item that was heard earlier today, we need to reestablish three easements for the Water and Sewer Department in Museum Park: one for water, one for sewer, and one for access. Chair Gort: Okay. Commissioner Sarnoff. Move it. Chair Gort: It's been moved by Commissioner Sarnoff -- Vice Chair Carollo: Second. Chair Gort: -- second by Vice Chairman Carollo. Any further discussion? City ofMiami Page 116 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Vice Chair Carollo: The only thing would like to say, Mr. Chairman -- Chair Gort: Yes, sir. Vice Chair Carollo: -- is the same thing that applied to the Museum Park plat that I stated applies to this, and I'll be voting in favor of it. Thank you. Chair Gort: Okay, any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RE.9 RESOLUTION 11-00977 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. 11-0406, ADOPTED OCTOBER 13, 2011, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 11-00977 Summary Form.pdf 11-00977 Legislation.pdf 11-00977-Exhibit 1 Sub Email.pdf 11-00977-Exhibit 1-SUB.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0477 Chair Gort: RE.9. Albert Sosa (Director, Capital Improvements Program): RE.9, I'd like to introduce a floor amendment which I will be passing out now. Commissioner Suarez: Move it with -- as amended. Vice Chair Carollo: Second as amendment [sic]. Chair Gort: It's been moved by Commissioner Suarez, second by Vice Chairman Carollo. Any discussion? Vice Chair Carollo: Yes, Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: A couple of things. The first thingl want to say is I'd like to thank Mr. Sosa for meeting with me on various occasion and going out with me to District 3 to see some of these projects and the different items that needed to be done. At the same time -- andl know it's -- sometimes it's hard, especially for personnel, elected officials that, you know, have been around for many, many years, 10, 15, 20 years, to understand that it's not just about doing a project, it's not just about oh, we need this; okay, just do it. No. It's also what's the cost of doing that project. I mean, in all fairness, does it really have to cost that much. Can it be cut and do the City ofMiami Page 117 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 same project for less money? And is it cost-effective? So I'd like to thank Mr. Sosa for working with me. And with that said, some of the amounts that are being placed here include contingencies. We are not expecting the projects to cost this amount. It's just as a precaution, as a contingency. So I wanted to put that for the record. And again, thank you, Mr. Sosa. The second thing thatl really feel thatl need to mention andl am actually extremely proud of is the 17th Avenue, andl don't see it quite here, but I know that it was -- there, okay, perfect, the 17th Avenue roadway improvement. I'm extremely proud of this because this is how government should work. Seventeenth Avenue is a boundary by Commissioner Suarez and myself and it's a county road. It's been a little hard because obviously we don't violate the sunshine law and -- but that still doesn't mean that we can't work together. And here we have come, the County Commissioner of the area and two City Commissioners, to join forces and fund this project so we could have the roadway improvements, much needed, on 17th Avenue. So I just want to state for the record that I'm extremely proud of this, and this is -- should be a clear example of how government should work. Commissioner Suarez: Mr. Chairman, ifI may? Chair Gort: Thank you. Yes, sir. Commissioner Suarez: Thank you. First of all, I want to echo the Vice Chairman's sentiments on 17th Avenue. It was -- it's been a project that has taken us all a long time. We've done a lot of community meetings. We've gotten the community involved tremendously on creating a joint vision between the two districts and the County Commissioner. I think we had one sunshine meeting, if I'm not mistaken, on -- Vice Chair Carollo: Yes, absolutely. Commissioner Suarez: -- Our Lady of Lebanon church, and we had the public come and talk about it. But it's a project that -- like -- as the Vice Chairman said, you know, when people are acting in good faith, when people are trying to do what's right and good, we can cooperate and we can team up and we can get things done. So I'm very proud also to allocate the money -- our portion of the money. And by the way, this is being paid -- this improvement is being paid primarily by Miami Dade County, and so we also have to thank, as the Vice Chairman said, the district Commissioner Bruno Barreiro, who has -- Vice Chair Carollo: Absolutely. Commissioner Suarez: -- you know, studied it, costed [sic] it out, and also providing the bulk of the funds for the project, so thank you. Chair Gort: Thank you. I want to comment also the -- working real close with CIP (Capital Improvements Program) and Public Works because of the infrastructure -- there's so much need of infrastructure on the City ofMiami. And one of the things that we're doing very good, I think because of the relationship we have with the County Commissioners, all the County Commissioners -- Commissioner Sosa -- and they're working very close with us and providing funding also so we can get things done. So I really appreciate that. And having people coming from the County is very helpful too. Any further discussion. Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Mr. Sosa: Madam Clerk, for clarity, shouldl read the floor amendment into the record or can I e-mail the attachment that's revised? Ms. Thompson: It is at the will of the Commission. I can take your e-mailed attachment, butl City ofMiami Page 118 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 do think they want to know -- make sure that they know what you're -- you know, what the changes are. So you have it here. Chair Gort: Go ahead and read the changes. Mr. Sosa: Okay. The changes are to the attachment, which is the actual list of appropriations. It -- the amendment includes the second line, which increases the transfer -- the total amount of the transfer to $170, 000 for the Southwest 19th Terrace improvements project. The balance -- the next two changes are what was referred to by Commissioner Carollo and Commissioner Suarez, which is transferring from each district $300, 000 into a newly created project that's called Southwest 17th Avenue Roadway Improvements, and that again will be matched by the County in the amount of $600, 000. The last item is a transfer of $65, 490.64 from the Miami 21 development project into the City ofMiami Impact Fee Study project, which is a newly created project for our Planning Department to undertake an impact fee study project. Chair Gort: And since you're on 17th Avenue, you're going to continue up north, right? Mr. Sosa: We'll do the best we can, sir. Chair Gort: Thank you. Okay, there's a motion and a second. All in -- we passed it. Ms. Thompson: It's already been taken -- yes, sir. Chair Gort: Okay. We voted on it? Vice Chair Carollo: No. Chair Gort: No. Ms. Thompson: Yes, sir. Yes, you did. Chair Gort: We did? Ms. Thompson: Yes. Chair Gort: Okay, if you say so. Thank you. RE.10 RESOLUTION 11-01022 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM FISCAL YEAR 2010", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $10,708,461, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, DIRECTLY TO THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANTAWARD AND TO EXECUTE THE SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANTAWARD; FURTHER AUTHORIZING THE CITY MANAGER TO EXTEND SAID UASI GRANT PROGRAM, FISCAL YEAR 2010, AS NECESSARY AND TO EXECUTE ANY OTHER RELATED MODIFICATIONS, AMENDMENTS OR EXTENSIONS ON ALL MATTERS EXCEPT THOSE City ofMiami Page 119 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 DEALING WITH FUNDING CHANGES; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES; AND AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM OF AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH ITS CONTIGUOUS PARTNERS (MIAMI-DADE AND MONROE COUNTIES, THE CITIES OF HIALEAH, MIAMI BEACH, CORAL GABLES, AND THE VILLAGE OF KEY BISCAYNE) SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECTADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE, CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED. 11-01022 Summary Form.pdf 11-01022 Urban Area Security Initiative Grant Prgm. FY'10.pdf 11-01022 Miami UASI 2010 Budget.pdf 11-01022 Legislation.pdf 11-01022 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-11-0478 Chair Gort: RE.10. Reginald Duren: Reggie Duren, Deputy Fire Chief. RE.10 is a resolution establishing a new special revenue project entitled Urban Search and Rescue Initiative Grant Program Fiscal Year 2010, in the amount of $10, 708, 461, consisting of a grant from the Department of Homeland Security; authorizing the City Manager to extend said UASI (Urban Area Security Initiative) grant program as necessary and to execute any other related modifications; further also authorizing the Manager to execute memorandum of agreements with various municipalities in development and support of the UASI program. Commissioner Suarez: Move it for discussion. Vice Chair Carollo: Second. Chair Gort: It's been moved by Commissioner Suarez, second by Vice Chairman Carollo. Discussion. Commissioner Suarez: Mr. Chairman, I just wanted to reiterate. This is the one that we were talking about earlier, right, Chief? Deputy Fire Chief Duren: Yes, sir, it is. Commissioner Suarez: This was the UASI grant. And how are we doing on the collections? I didn't have a chance to talk to you about it in terms of the briefing time beforehand. Deputy Fire Chief Duren: Right. We have continued to decrease that number. Presently it's below $4 million. Commissioner Suarez: That's great. City ofMiami Page 120 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Deputy Fire Chief Duren: Remember, we were up above 6, and we anticipate going further. Commissioner Suarez: That's fantastic. Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: RE.11 has been withdrawn. RE.11 RESOLUTION 11-00930 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE MAINTENANCE OF BEAUTIFICATION IMPROVEMENTS ALONG STATE ROAD 933/NORTHWEST 12TH AVENUE FROM NORTHWEST 14TH STREET TO NORTH OF NORTHWEST 15TH STREET , MIAMI, FLORIDA. 11-00930 Summary Form 12/15/11.pdf 11-00930 Contract Status Change - Checklist.pdf 11-00930 Pre -Joint Participation Agmt.pdf 11-00930 Decorative Crosswalks 12/15/11.pdf 11-00930 Legislation (Version 3) 12/15/11.pdf 11-00930 Exhibit 1 12/15/11.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.12 RESOLUTION 11-01035 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCALAGREEMENT BY AND BETWEEN THE CITY OF MIAMI, FLORIDAAND THE DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI, IN SUBSTANTIALLY THE ATTACHED FORM, SUBJECT TO AN APPROVING OPINION FROM BOND COUNSEL, FOR THE LEASE, OPERATION AND MANAGEMENT OF THE PARKING AND RETAIL FACILITIES AT THE MIAMI BALLPARK, LOCATED AT 501 MARLINS WAY, MIAMI, FLORIDA; ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "MIAMI BALLPARK PARKING FACILITIES." 11-01035 Summary Form.pdf 11-01035 Legislation.pdf 11-01035 Exhibit 1 SUB.pdf Motion by Vice Chairman Carollo, 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 City ofMiami Page 121 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 R-11-0479 Chair Gort: RE.12. Alice Bravo: Good afternoon. Alice Bravo, assistant City Manager. Public Facilities is going to present this item with a couple of amendments that were distributed earlier this week. But before we read what those are, I just wanted to give a little introduction because we've been working on this particular item for several months, a rather large group, including the Miami Parking Authority. And basically this item serves to present an interlocal agreement that will also serve as a lease between the City and the Miami Parking Authority for the Parking Authority to have a successful relationship with us and partnership so that they can operate the parking garages as well as the retail spaces in those garages. As everyone is aware, these garages represent an investment of roughly a hundred million dollars on the City's part and an overall public investment of nearly half a billion dollars or over a half a billion dollars. And the ultimate goal of this public investment was providing a beneficial economic impact to our county and our community. So through this agreement, the MPA (Miami Parking Authority) will operate the garages, and they'll be authorized to enter into subleases for the retail spaces. Since the City has significant staffing expertise through the Public Facilities Department and through the Terranova Group [sic] that was hired to be the leasing agent for the facility earlier this year, we'll be providing the support to the MPA in the selection and negotiation with the retail tenants. So this document has been structured to comply with the bond requirements of the garages and to provide the structure needed to ensure the project generates the desired economic impact to the surrounding community. With the amendments that Dan is distributing, we're making some minor modifications, if our City Clerk desires or the Chairman, we'll read these out. And one is in recital section B. "After the date, we're adding the bond resolution October 22, 2009. In articles and definitions, we're adding bond resolution shall have the meaning ascribed to it in the recitals. Under Section 1.1.64 we're adding the revenue bond requirements at the end and the bond resolution. And from the parking fee section we're striking the last clause of the last sentence: unless waived or modified by appropriate action of the Miami City Commission. And in Section 4.5 we're adding a sentence at the end of the paragraph: such revenue -generating program shall be subject to Internal Revenue Code requirements and revenue bond requirements. So with us today -- in Section 1.1.43 also operating budget has a scrivener's error, refers to Section 6.3. That's being changed to Section 6.4. And the next section 1.1.44, operating reserve, should refer to Section 6.5.5. So with everyone today -- with the help of our City Attorney, Miami Parking Authority, the Public Facilities staff we're here to address any questions with regard to this important agreement. Chair Gort: Okay, thank you. Yes, ma'am, you're recognized. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: I'd like to move the item. Commissioner Suarez: Second. Commissioner Spence -Jones: Discussion. Chair Gort: Been moved for -- by Vice Chairman Carollo, second by Commissioner Suarez. Open for -- Commissioner Suarez: I have discussion too. Chair Gort: -- discussion. Yes, ma'am. City ofMiami Page 122 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Spence -Jones: Okay. Actually, I was actually going to ask for this item to be deferred 'cause there were some items that I wanted to have included in it; had nothing to do with MPA. I totally feel confident in Art and his ability to make sure what needs to have happen -- what needs to actually have hap -- what we need to have happen with the garage will happen. I trust in his ability to do that. But I do have some concerns -- not even concerns. Concerns is a horrible word. There's some additions thatl would like to have included, andl know that we were -- both you andl was to sit down and go through those andl hadn't had a chance to do it this week. Alice, so I think it was like maybe one or two items that I wanted to kind of flush out with Public Facilities on that. I don't have any issues with you, Art. Art Noriega: No, no. No, but can I make a recommendation? Art Noriega, Miami Parking Authority. I -- for purposes of timeliness -- andl know that the bigger issue here is getting the clock started on getting some of these retail leases signed -- Commissioner Spence -Jones: Yeah. Mr. Noriega: -- in light of the fact that we're literally six months out or less than now opening day. If there are any of these potential suggested items -- I know the intent is to bring back the budget at a later date anyway. Maybe we can approve the agreement as it stands now; bring back an amendment that would maybe incorporate any of the considerations you have now -- Commissioner Spence -Jones: That's an option. Mr. Noriega: -- just for purposes of not losing a month on the retail side. That's all. Commissioner Spence -Jones: Okay. So I just want to make sure that I'm clear, and I'm -- andl want to be a team player so I'm not trying to stop the garage from moving. And like I said, I trustArt's ability to make sure things -- not that don't trust the City; I do. But know that if he's going to manage and operate it, I know that it's going to happen. But do -- there are some thing that definitely think are really, really important. So if you're telling me right now that we can vote and approve and get started on this issue right now, but when it comes back -- that budgetary item comes back when? Ms. Bravo: We'll bring that back in the December meeting agenda. Commissioner Spence -Jones: Okay. So even if we approve on this now, I can open back that agreement up to include some changes? Ms. Bravo: Correct, correct. Commissioner Spence -Jones: Okay, so -- Ms. Bravo: And this is meant to be a -- Commissioner Spence -Jones: -- we all heard this, right? Ms. Bravo: Yes. This is meant to be a living document. Commissioner Spence -Jones: Okay. Ms. Bravo: Obviously the parking garages will be in full use for many decades to come. So as the City's needs change over time, this is a living document. Commissioner Spence -Jones: Madam City Attorney, I just want to make sure that's the case. City ofMiami Page 123 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Julie O. Bru (City Attorney): I have to know what kinds of things you would like to see in this agreement because if we're going to be moving ahead and entering into other contractual agreements, we want to make sure that it isn't inconsistent with an amendment that you may be thinking about. So you know, without knowing exactly what area you would like to address by way of amendment, I can't tell you for sure that it's just okay. Commissioner Spence -Jones: Right. Okay, based upon what was communicated, and maybe we can kind of clear up some of it now, I know that one of the issues and concerns thatl talked about with the City Manager was the issue of the selection process and who actually goes in the garages. I mean, we should already know when it comes to Marlins -- and again, I know my fellow Commissioner that's sitting up here, it's in his district andl support it -- look at his face over there -- 100 percent. I'm not trying to stop anything. I just want to make sure because just this week got a million and one phone calls when they did that job fair. I didn't respond to it. I could have gone and did those interviews and created a whole 'nother issue, butt said refuse to deal with it 'cause I was assuming that they would rectifl, the situation. I was assuming that it was blown out of proportion. Vice Chair Carollo: And they did. Commissioner Spence -Jones: Right. So what don't want to have happen is the same situation takes place because now we're taking really the controls out of the hands of you know, a group looking at it and the City Manager making the decision as to what goes in it. We not seeing it before it goes or the actually deals are actually cut, we not seeing it before then, and the next thing we know -- andl understand that no matter what, they will have a conversation with Commissioner Carollo 'cause he's not going to let them live it down if they don't, so I know that that's going to be the first stop no matter what so I know that that's going to happen, so I trust that. But I'm saying in the midst of all of what we've had to deal with regarding the Marlins stadium -- and we all know that we've had a lot of issues with the Marlins stadium -- I do not want this to become an issue where we have 50,000 square feet of retail and, for whatever reason, the selection process is -- does not -- is not an open process. And I'm not saying that we should be involved as a City Commission to be involved in the selection of who goes in. I don't want to do that. But I would like to know prior to it becoming filled, you know, that we've done our due diligence to make sure that we've -- we have inclusion, and that's the word, inclusion. And that's where I'm concerned. So when I had a conversation with the City Manager, the communication to me was, well, I'm the one that makes the decision as to what goes in. I will let you know if -- when it goes in. Right, Mr. Manager? I'm glad he's here, 'cause you weren't a part of that discussion, Alice -- to make sure that that's not the case. You know, I don't want to have a situation where it's all filled and then we have an issue that that is a problem. So I'm taking responsibility. On the 29th of November, I am actually taking a group of individuals that have businesses all over the country that reflect the City and its diversity to make sure -- that have the capacity -- that that kind of inclusion takes place. I'm not going to sit around and wait for Terranova or the Manager or anybody else. I'm going to take responsibility because I don't want to have to answer questions when we're ribbon -cutting on this garage and the retail, and then it's brought back to us that there was not enough inclusion. So my -- that was one of the issues and concerns I have. So, Madam City Attorney, if you're saying that that's not an issue and that when we come back in December, that those are things that I can make, you know, adjustments on, you know, to make sure the inclusion is there, to make sure that all of that stuff thatl think is extremely important. Because from day one, once we gave the Marlins the money that we had, you know, from the Orange Bowl, it was like, okay, well, you know -- it was like we never gave it to them, and the land. No one ever talks about the land we gave, okay. It's none of our business basically in a nutshell. We're building this. It's out of your hands. Don't try to be involved in what's happening. Let us know if you want jobs; we'll find a way to make that work out. Thank God for Commissioner Carollo making sure being on the ground that no matter what, some of those promises were met, but I know we have more control over this garage. And if nothing else, I do know that that was City money put in it, so I want to make sure that all of the City ofMiami Page 124 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 things that are necessary are included in these agreements. So that's what my concern is. So I see that, you know, upstairs has come downstairs and, you know, everybody's, oh, Michelle -- Commissioner's making a -- No, it's not that. It's just I don't want us to have a issue in the end. So if my Madam City Attorney is telling me -- and) trust that 100 percent -- that come December when we're bringing up the budgetary issues, that) can make those adjustments on the agreement to make sure those kind of things are in consideration, small business contractors, all those things, the community benefits that I scream about every single time we have an agreement or anything that's -- all of those things are included, I'm happy. So if you're telling me not a problem -- Ms. Bru: You know, I thinkl should -- Commissioner Spence -Jones, I think l just heard you talk about a couple of different things. You spoke about wanting to make sure that the tenant mix reflects the community and that there is inclusion that the tenant mix reflects the diversity that is our community. Commissioner Spence -Jones: Yes. Ms. Bru: And you suggested that you may want to personally get involved in bringing in people who may be interested. Commissioner Spence -Jones: But let me not say that. Ms. Bru: No. Commissioner Spence -Jones: I should not be the only one. I mean, I think everybody sitting up on the dais, we want to make sure that we don't have people coming from all over the world taking advantage of something that is right here that we funded or is our project. Ms. Bru: Okay. Commissioner Spence -Jones: So I'm simply saying now you're putting this all in the hands of one person, which I trust Johnny, but Johnny, maybe you might get a wonderful offer in Hong Kong somewhere and you may not be here. I'm just using that only as an example, okay. So I don't want us to be stuck and then you tell me again -- 'cause I've learned from the first time around -- then you tell me, oh, no, the contract is done. It's over with. There's no adjustments that could be made, you know. Andl don't understand the difference -- I'm going to be honest. Now I'm really curious. I don't understand the difference in if in December I can make the adjustments, which has to come back for the numbers, why can't we just deal with it in December? Ms. Bru: Okay. Well, let me make sure that) give you an answer that is clear. Commissioner Spence -Jones: Okay. Ms. Bru: What's before you today is intended to be an agreement that will govern the relationship between the City andMPA and the obligations thatMPA is going to have to forward and manage and operate this facility to the extent that there are -- there is criteria here, that there is delegation of authority here. Individuals will be undertaking action consistent with this agreement. So if later on there should be an amendment that changes the terms of this agreement, it could not affect any rights that anybody else would have under a subsequent sublease or concession or license. So you can make changes at any time so long as it doesn't impair any rights that have been given to in a contract subsequent to whenever the effective date of this agreement is. So if, you know, there are things -- you know -- Ms. Bravo: And ifI may, what the Commissioner's describing) think is an issue that we do have City ofMiami Page 125 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 time to deal with because from now until the next Commission meeting, it's not like we were going to execute leases for the entire square footage of the facility. So it seems like you're not talking about things that -- Vice Chair Carollo: No. Ms. Bravo: -- affect the terms of the individual leases with the subtenant. Commissioner Spence -Jones: And I'm just saying -- andl think that we should all be responsible, you know, from -- take responsibility in making sure that we've done everything necessary for everyone to be comfortable with this. At the end of the day, when we get the hits, when the hits come, they come to us. And I'm just saying, if we have to make a decision -- and Art, you just said it, you know, December we're coming back to deal with it anyway, any changes that we need to make. What is the difference with dealing with it -- Ms. Bravo: I -- Commissioner Spence -Jones: What's going to happen in thirty -- are you getting ready -- not you because you're not closing the deals. It would be the City Manager. Ms. Bravo: -- would say that -- Commissioner Spence -Jones: Mr. City Manager, are you closing on any major deals before the 15th of December? Ms. Bravo: -- we -- you know, we're in competition for tenants. Obviously next door in the stadium there is a private entity that is free to enter into leases, so -- that we have been approached by different entities and we would not want them to lose interest because for a month we're not able to execute any leases. Commissioner Spence -Jones: But let me -- I did speak to the Marlins yesterday because I got a whole bunch of phone calls from -- about this issue on -- you know I already know -- the job fair situation andl asked this very specific question because every time we talk about the Marlins stadium in any concession or any kind of opportunities, whether or not it be construction or whatever, it's always -- it's a hands -off question. So I asked the question. I said know we're getting ready to go out with our garages, you know, and identifying people that can actually go in. Are there any opportunities that are left inside of the stadium for retail or for concession? And they said absolutely not. It's done. So I don't think you're going to have an issue where you have -- you're going to lose people in 30 days because quite frankly, they can't go -- you're not going to lose them next door because there's no more -- I -- Ms. Bravo: But we might lose them to another site. A business that wants to start operating and have certainty -- Commissioner Spence -Jones: Come on, Alice. Ms. Bravo: -- as to their business model -- Commissioner Spence -Jones: Alice, Alice. Ms. Bravo: -- I -- Chair Gort: Look -- Commissioner Spence -Jones: If somebody wants to be at the Marlins stadium -- City ofMiami Page 126 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Chair Gort: Excuse me. Can I -- Commissioner Spence -Jones: Come on now. Chair Gort: -- interject for a minute? Let me ask you a question, because I've asked of Terranova to give me the information, how many people does (UNINTET,TIGIBT,F) have contract with andl have not received any response. I know of two corporations in here, local corporation from Miami. They're willing to go into negotiation. They have to go into architecture and they've done a lot of the work. They call. If they don't get the phone, they don't call them back. And we have the option to look at it and reject it or accept it. Ms. Bravo: Right. Chair Gort: But I think that's something that we need to open up -- Ms. Bravo: And -- Chair Gort: -- and address it. The problem that I have was 51.2 [sic]. We have language establishing -- that says establishments do not include those which provide ordinary goods and service more commonly found in neighborhood shopping center or convenient location. I don't agree with that one. I have a problem with that one. Ms. Bravo: Okay. And -- Commissioner Spence -Jones: Andl understand -- Chair Gort: 5.12 [sic]. Ms. Bravo: -- I -- Commissioner Spence -Jones: -- I think that this is some -- I'm sorry, Mr. Chairman. I think that this is something that's so important to our city. You know, I support it 100 percent from the standpoint at least we control the garage. It's the one thing that we have left. Andl just -- I think that we have to get out of the business ofjust rushing, you know. Andl understand that we do have issues. And I'm so glad spoke to the Marlins yesterday. I'm so -- because I would have sat up here and believed that there was -- the space was open. So now the response is a little shifted well, it's not necessarily mean we'll lose it to the stadium. We may lose it to somebody -- some other -- well, if they want to be at the Marlins stadium or near the Marlins stadium, they can wait 30 days. They can wait till the 15th. Andl don't understand why my fellow colleagues would not support that. I mean, you have two Commissioners sitting up here that clearly have some concerns about an issue that even though it's in one Commissioner's district, we're concerned about it, it should be respected. Ms. Bravo: Andl think -- Commissioner Spence -Jones: You know, I can -- Ms. Bravo: It is respected. Commissioner Spence -Jones: -- see if this was on the agenda for three or four times before this and we keep deferring it, but this is the first time this issue's come up. Ms. Bravo: Right. City ofMiami Page 127 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Spence -Jones: Why can't we have the opportunity to say give us until the 15th? Ms. Bravo: Well, I think your opinion obviously is respected. That goes without saying. I think it -- the citywide interest is to do whatever possible to have tenants in place by the time the baseball season begins. So losing a month towards the time that a subtenant needs to design, permit, construct their build out is a month that's lost. Commissioner Spence -Jones: Okay. We already know this, Alice. Next week is Thanksgiving. Nobody's thinking about this next week, so you're not losing four weeks now; you're losing three. I mean, come on. You got two Commissioners up here saying we want a little bit more time or there are some things we have concerns on. Ms. Bravo: Okay. Commissioner Spence -Jones: I know that our fellow colleagues understand that. Ms. Bravo: Right. Commissioner Spence -Jones: So -- Ms. Bravo: I think -- our goal would be to discuss those concerns today and flesh them out to the maximum extent possible so that we can have the direction to move forward. So we'd like to, if at all possible, identifi, the concerns and embody them in this agreement. Commissioner Spence -Jones: Okay. So, Mr. Chairman, is -- Chair Gort: Yes. Commissioner Spence -Jones: -- I'm just going to -- I know that we've had a first and a second or someone to move it and a second. Would you be more comfortable with having the date of the 15th being ready for the rest of the Commission or would you -- do you want to sit here and try to hammer out what the issues and the concerns are? Chair Gort: I think we should hammer out. I believe we need to take -- this is something that's been long coming. This should have been here three month ago. Unfortunately it's been postponing because it's been negotiated and looking at the contract to make sure. I think the biggest problem that I have is that one, to remove that criteria that takes out a lot of the people that could participate. And at the same time, I like to with Terranova to -- if they have people ready to sign contract, to let us know. And at the same time, anyone else that would like to at least send a proposal, they should call them back. Ms. Bravo: Right. Chair Gort: Because I know of people that have called Terranova. I, myself, have asked for information. I have not received it. Ms. Bravo: That I know of Terranova is open to accept proposals from anyone that has contacted them. Chair Gort: That's not my understanding. Ms. Bravo: Okay. Vice Chair Carollo: Mr. Chairman. City ofMiami Page 128 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Spence -Jones: And then -- I'm sorry -- I have a little -- some conflicts on that comment because Terranova has responded back to me regarding these issues and they are the ones that are actually going to be working with me on the tour for the 29th, so I don't have the same issues from that perspective. My concern would be who's going to make -- one of my concerns was --that decision as to who's going in. Now if Art had it -- if there was group of people that -- were making that decision or were a part of making that decision so that we have -- I could be more open to that. Personally, I think it's a little crazy for Art to have to manage -- I'm sorry, for MPA to have to manage, you know, the operation and not be included in the selection because their -- that's their tenants in the end. So I just -- I got fundamentally -- so if it is the will of the Commission that we address this today and be done with it, I don't have a problem with doing that, but I would ask that we at least table it 'til later on in the Commission meeting so I can then get with my staff so that I can give you some concrete things, because I don't want to do anything off of my head because this is too important at least to the City and too important to the residents of the City for us not to do that. I'm not going to be irresponsible. I want to do it right. Ms. Bravo: Agreed. Commissioner Spence -Jones: So I would like, Mr. Chairman, to table it. And then I will take a few minutes 'cause it's just that important to me to identify those items and then make sure that they happen. Chair Gort: It's 5 o'clock. We can research [sic] this meeting and open up the zoning -- Planning and Zoning and come back. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Do you think the district Commissioner could get a word in? Commissioner Spence -Jones: Yes. Chair Gort: I beg your pardon? Vice Chair Carollo: Do you think the district Commissioner could get a word in? In other words, may I have the floor? Chair Gort: Of course. Vice Chair Carollo: Thank you. Chair Gort: You always get the floor. Vice Chair Carollo: Thank you. I'd like to start by thanking all that had been involved in the process of the interlocal cooperation and lease agreement. It is a process that began September or October of 2010, over a year, when I approached then City Manager, Carlos Migoya, andl started asking questions with regards to the parking revenues, the garages, the retail revenues, revenues from the advertisement, who will collect it, will it come straight to the City, would it be an outside agency, MPA, what was happening with the leases, et cetera, et cetera, et cetera. From back over a year ago there have been many, many meetings, discussions, which has not been easy. There's been a lot of change in personnel, andl could get into much more details and debate. With that said, I will be the first one to say that this agreement may not be perfect. However, it is a very good product which is needed in order to actually start signing the retail tenants. First of all, by charter, MPA is the agency that must manage the public City ofMiami Page 129 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 facilities. At the same time, it was determined that at this time, usingMPA will be the most time - and cost-efficient way to manage the retail facilities. Why? Simply, economies of scales. If they're already having to do the maintenance of the garages, then it appears that if they just extend that a little bit and do the maintenance of the retail, it'll be cost-effective, cost-efficient. And the truth of the matter is we need to get moving and act a little bit more like the private sector and start having those retails filled. I can tell you, it's not just about, well, the stadium is all filled up so they have to come here. It's really not about that. This is about revitalization of that whole area. If we wanted just another strip mall, then why all this talk about revitalization? I wasn't there for the vote, but I read some of the minutes and there was a lot of talk about revitalization and that was the bottom line. And that was the bottom line'ivas a quote that I took from the minutes when that vote happened. You know, I believe Terranova has done as good of a job as anyone can with the time that they've had, you know. This has not been an easy process. Like I said, I started with City Manager Carlos Migoya. I started building a team. Carlos Migoya left. Started working with Mr. Tony Crapp. Mr. Tony Crapp left. CFO (Chief Financial Officer) Larry Springs [sic] left. Finance Director Diana Gomez left. Mr. Ed Marquez left. Madeline Valdes, director of Public Facilities, left. I know that instability is a bad word around here, but it's something that I've been saying for many, many months now. And if you think it's easy getting this local -- interlocal agreement done when all the Administration has gone, which realistically, from the start of a year ago, the only two people that have been maintained constant has been the City Attorney, Julie Bru, and myself. You think that's easy. This should have been done -- this should have been started about a year ago when I did with City Manager Carlos Migoya that happened to leave. It has not been easy. You know, Terranova's here today. They are actually who we hired as our professional help. These are the professionals, you know. Maybe they should come up and speak to see, you know, what research they have done, what they think is the right market mix for that area. You know what. All this talk about what should go in there, what not, you know, I always do my homework and you've noticed that. It happened with the FOP (Fraternal Order of Police) contract when there was $900, 000 left on the table, andl asked who from the Finance Department has looked at this. You all remember. So you know what, instead of speculating, they're the experts we hired. Why don't we have them come up, let them say, hey, what have they done in other stadiums. You know, what's the retail run of the stadiums? What has worked so we don't fail, you know? And we talk about revitalization. Well, in all fairness, let's see if we could revitalize that area. But you know, for now I would, you know, ask if they're here -- and I see them back there -- if they will come up and speak as far as what exactly has worked in other areas, what they foresee working here, how should we fill our retail. Because unlike what you may think, Commissioner Spence [sic], the truth of the matter is there's a lot of retail that does not want to invest in that area and that's the truth. And the bottom line is that if we just settled, are we really going to revitalize that area? Andl have pictures to as much detail as you want or need. I could show you pictures. I could show you what I'm talking about when I say revitalization, you know. Commissioner Spence -Jones: Right. Vice Chair Carollo: And I'm just going to, you know, ask Terranova to come up. But can tell you this, when we talk about Midtown, the Design District, I want to make sure we can say and Little Havana and Overtown and Liberty City. Chair Gort: Don't forget Allapattah. Vice Chair Carollo: And Allapattah. Chair Gort: Okay. Vice Chair Carollo: You better believe it. You better believe it. But you know what, in order for that to happen, we got to believe that, yes, we can strive for better. City ofMiami Page 130 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Spence -Jones: Right. Vice Chair Carollo: So -- and with that said, I'll ask Terranova if they will come up -- Commissioner Spence -Jones: Let -- Vice Chair Carollo: -- as our professionals. Chair Gort: Let me specin, something. We all agree that the work you have done has been great. I don't think anyone has any problem with anything that has taken place. But I think Terranova should have listened to everyone. They can come and tell us what their opinion is, but they should be open to everyone. I know of two corporation, very well, good corporations here, they had the -- they were ready and they could sign at any one time, and for some reason their calls were never returned, so -- Commissioner Spence -Jones: Okay. Chair Gort: -- you know. And they have the chance, according to whatever we set up here, to either reject it or accept it, andl don't have any problem with that. Commissioner Spence -Jones: Mr. Chairman, I know -- Chair Gort: Yes. Commissioner Spence -Jones: -- before she says -- Terranova -- are you Terranova? Mindy Mcllroy: Yes. Commissioner Spence -Jones: You're the lady of the hour, huh? Ms. Mcllroy: Yes. Commissioner Spence -Jones: Okay. Let me just say this, 'cause I love your passion, Commissioner Carollo. This is never about whether or not you're trying to do the right thing, andl want you to understand this. Andl appreciate and value your input from the perspective of if it's in my district and it's a major project that's happening like this and you do a drill down on it or want to do your due diligence on it, I respect it and value it. I don't see it as you not wanting to support the revitalization of Overtown, Little Haiti, or Liberty City, or whatever community I'm representing at that time. I never see it from that perspective. But you may see something that I don't see and vice versa. And the whole purpose of us being up here as a body is to be able to have our voices or our input. And the reality is the dollar that went into the stadium were dollars that clearly were not earmarked for one particular area, but guess what, you weren't here when we voted on it. We all supported it going there. And all I'm saying in the midst of it is -- I just want to make sure that when I make a decision about something, I've totally hashed it out, and especially when I know the impact is going to be much greater than my vote. So I'm simply saying -- andl think we should have this as colleagues on the dais. I really hope and pray -- I'm going to say that, 'cause I can say pray -- that we get to the point that we stop individualizing a lot of times the things that, you know, is our own personal things, projects that we're working on, and be open enough to hear the other voice. And the other voice is simply just saying, you know, I agree with MPA managing and operating it. I agree that we got to get it moving. I agree that Little Havana deserves the revitalization. Guess what, you know, I took a hit taking the vote, a huge hit, when my community was screaming at the top of their voices fi hat are you doing? "But I did it because I understood that Little Havana needed help too when, clearly, I could have said no, and it would have been a whole 'nother story. So I get you. You don't even have to -- you don't have to go there with me. I'm just asking you to get me too, and City ofMiami Page 131 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 that is, I want to have time to make sure I have these things included. That's it. and if you feel passionate about it has to happen today, I'm willing to forego all my board appointments today; and while you guys are doing board appointments, I'll go in the back and work it out with staff and make sure that we handle your issue today 'cause I'm not trying to stop you. But I do feel that it's important for it not to be in the hands of just one person, the City Manager. I think that that -- I think it's -- andl'm not saying we have to have a committee. I don't want to do a committee because I'm not trying to slow him down. But this can't be just about Johnny. This has to have input -- I wouldn't want to manage somebody or something -- going into something that I'm not necessarily agreement with -- in agreement with andl got to deal with it as the person that's leasing the space. I would want to have a voice in that. That doesn't mean that he has to have the final -- andl'm not -- Art, I know it looks like I'm showing you all this love today. It's not about you, 'cause Art could decide that he want to go on and become the president. This is really about just making sure that we have more than one voice in the room making the selection. So all I'm asking from my fellow colleague, 'cause I think everybody else is open to that, is just give me a little time to kind of hammer it out; and again, I will go in the back and do it because I know it's important to you. now, if it was another issue, I'll be up here fighting till the cows come home, you know that we can wait until December 15 because, quite frankly, I think what the Administration is telling me is hogwash. I think that we could wait until December 15. Nobody's going to be running up in the next three weeks. But if it's important to you, I don't have a problem. I'm going to leave the dais right now andl'm going to go in the back and hammer it out. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I also want to point out the reason about timing is because, first of all, retail that want to come here or want to come to the retail, that agreement needs to be negotiated. We need to obtain fair market value. So I'm going to address some of the things that you had said. We need to obtain fair market value, all that, it needs to be negotiated. That takes time. Second thing is they need to build out. They need to, you know, go in there and do the construction to get their place ready for opening day, or if it's not for opening day, soon after. The bottom is it takes time to pull permits. It takes time to do their build out. And we're up against the clock with regards to, you know, opening day, which is what we want, and are we going to have everything open by opening day? No. I mean, realistically, no. However that takes time, you know. When you say about the Manager, I see exactly your point. However, there's a lot of things in the contract that if read closely, you'll see he needs to abide by. First of all, fair market value, you know. There's a lot of discussion there about the different types of retail that should go in there and division. Not only that, it then has to go to the Miami Parking Authority because remember, we are extending a lease to the MPA and they have to vote for it, so there's another set of eyes there also. So it's not just Johnny. This isn't about the City Manager, you know. However, who do we delegate --? I mean -- and let me tell you something, don't think this was easy. I grappled with this one. Commissioner Spence -Jones: Yeah. I'm -- Vice Chair Carollo: I grappled with this one and you could ask the Administration. We spent hours and hours. Commissioner Spence -Jones: Believe me, you don't have to tell me about you grappling. I know you grappled, and especially -- as big as this thing is, I know you grappled. That's not what the discussion is about. I'm just -- okay. I'm just going to break it all the way down. Are you willing to give me time to make sure I have some of the keys things that are in -- that need to be in there from my perspective? Are you willing to allow me to do that? That's really what the question is. I mean, it's not really -- because honestly, all of these steps that you just talked -- you told me City ofMiami Page 132 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 about that, you know, Johnny makes the selection; then from Johnny making the selection, it's going to then go to the MPA; MPA, for them to vote, that's time; then from there, then they can start the build out or the perm -- all that stuff is going to take more than three weeks, I bet you -- I can bet you that. During a holiday season, Thanksgiving and Christmas, they're not -- that's not going to happen. And Terranova, I know they're going to get up here, and if they get up here, they're going to say the same exact thing. None of us are crazy in this room. We all understand that it's not going to be three weeks before anybody's going to be moving in or building out or getting permits. It just -- we all know that. It just doesn't happen that -- I can't even -- we can't even get building our own personal projects that we're working on through permitting in three weeks. It's not -- it's just not going to happen, unless you already -- which is, to me, then becomes really disturbing, unless we already have the retail or the spaces or the people lined up already ready to go and now this is just a formality, I'm -- then I'm really concerned. So I'm just saying, will you allow me the opportunity -- I'll leave right now, take a break from it. I will forego my board appointees, which I need to fill, but I will not do it right now; and before we leave tonight, we'll address it, we'll handle it. I can guarantee you that will happen today, if it's that important to you. We do however have a meeting on December 8 where we'll all be back together, so if you feel like we need to do it on December 8, we can, but if you want to do it today, I'm fine with that too. But please, if you asked me to do the same thing for something that I was doing in my district that was huge, big, or whatever the case may be, I would allow for you to digest it. And guess what, just like you said, you would drill it down to the ground and we would have maybe one or two other meetings after this. This is my first time even having the opportunity to put my hands on it. I just -- you might have been dealing with it for a year or two year -- year and a half, but I was just dealing with it in a matter of a week and a half from the agenda. So you want me to digest all of this, which I already have a lot of issues and concerns with, in a matter of seven days that you've been dealing with and trying to get done for almost a year and a half? That's -- Vice Chair Carollo: You know you're making the Chairman look bad. Commissioner Spence -Jones: Why? Vice Chair Carollo: 'Cause I told him it was going to take a while. He said, no, no, no. This is going to go quick. Commissioner Spence -Jones: No, it's not going to take a while because when I come back, I'm going to be very clear about what my issues are. I'm not going to take a while. And if we can include those in there, I'm fine with it. But I just -- I've seen this movie before, okay, and I've heard all the broken promises, and I'm not talking about you and I'm not talking about Johnny. I'm just saying I've heard them before. So knowing that, I have to operate with wisdom, and wisdom says to me that need to make sure that step back from the situation, identify the things that know are important to all residents of the City ofMiami, and make sure that they're included, and I think that staff should support that. I think my fellow colleagues should support that. And that's really it. Andl hope I have your support on it. I am going to officially close my book now and go to the back and work on it because I want you happy. Vice Chair Carollo: You don't want to hear from Terranova then? Commissioner Spence -Jones: Terranova -- Chair Gort: We can hear from them afterwards. Vice Chair Carollo: Or maybe -- Commissioner Spence -Jones: I mean, I already know what you -- bottom line, you're telling me what you want us to do. Terranova can come up -- City ofMiami Page 133 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Chair Gort: Well, Terranova can meet -- Commissioner Spence -Jones: -- here and do the song and dance. She can come on up -- come up and -- Terranova. Vice Chair Carollo: No, no, no. But you know what -- I mean, look, they're the professionals that we hired. I mean, you know, if they come up to speak, I want it to be in a professional manner with the decorum that we've always shown. I don't want to say, oh, if you want to speak, go ahead, Terranova. You know, give us a song and dance and we're going to -- Commissioner Spence -Jones: I never had -- Vice Chair Carollo: You know, I -- Commissioner Spence -Jones: -- a issue with the Terranova. Where's Terranova? I said when he had an issue with Terranova, I'm just telling you -- I told you Terranova's been very responsive to me. We're doing a tour with them on November 29, and Alice, so we're ready to go. Andl will have people there because I want to make sure inclusion is there. I'm taking responsibility, you know. I'm not going to just sit up and say it didn't happen. No, I'm going to make sure I get people to come through and look at this to see if this is an option. I'm taking responsibility. But by all means, if -- please come up, because I want him -- I want Commissioner Carollo to make sure all the issues are being addressed, and then my fellow Chairman has some concern so let's address those. Ms. Mcllroy: Okay, very good. Mindy Mcllroy, executive vice president with Terranova. I was asked to come today in case the Commission had any questions related to the direction of the leasing of the garages, so perhaps shall ask what your questions might be so that can answer them for you. Commissioner Spence -Jones: I think it's really Commissioner Gort. Chair Gort: My understanding, there's two major corporations. They have called your office because they're interested in renting space in there and they had not returned the calls. Ms. Mcllroy: That's completely untrue. I know -- Chair Gort: Untrue. Well, I'll have them here in a few minutes, and when we come back and they can -- we can discuss it then. Ms. Mcllroy: Very good. Chair Gort: Okay. Ms. Mcllroy: I believe that know -- Chair Gort: Thank you. Ms. Mcllroy: -- who you're speaking of. Chair Gort: Okay. Ms. Mcllroy: I had one personal meeting where two designated parties from one of the potential tenants was in my office, both of them, and we had a meeting. The second one, I spoke directly with their broker and both of them very early on when we were retained. City ofMiami Page 134 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Chair Gort: Okay. Ms. Mcllroy: So I'm happy to, if they're here later, address, but there are no calls to my office that go unreturned either by myself or Danny Diaz, who's the associate that works with me on this project. Chair Gort: And there's any problem in listen to their proposal or looking at their proposal and then you can all decide professional do you think it should be there or not. Ms. Mcllroy: Correct. I have -- Chair Gort: Okay. Ms. Mcllroy: -- received proposals and they -- the proposals have been discussed. I think that it was decided that we want to take the direction of the leasing with the project to be consistent with other national baseball -- Chair Gort: Okay. Ms. Mcllroy: -- stadiums around the country, and these two particular tenants that you're speaking of today are not really in keeping with the direction which was the vision that we were retained to create. Chair Gort: Okay. So my understanding is we have enough individuals ready to go into the stadium and occupy all our retail space right now? Ms. Mcllroy: We have a lot of interests from very many individuals that -- Chair Gort: Okay. Ms. Mcllroy: -- would like to lease space within the stadium today. Chair Gort: And you believe that all of those individuals, you're going to be able to fill up all the space? Ms. Mcllroy: That is what we've been retained to do and that is what we hope to do, but I'll tell you that one of the big deterrents that we have is that we seem to not be able to have any concrete direction on how we're going to execute documents, andl think that's one of the items that we're here to talk about today is that we've been farming and planting seeds. Leasing is like farming. Chair Gort: Right. Ms. Mcllroy: You go out, you plant seeds, you water, you watch the plants grow, and then hopefully you harvest what's going to turn into a lease document. The questions that we receive is that I don't have the answers as to how is the parking going to be handled within the garage for the tenants that are going to be in the retail spaces, how is it going to be handled on non game days. We have no answers. I have no answers as to what the lease agreement is going to look like because we don't know who the lessor is going to be. Chair Gort: Okay. Ms. Mcllroy: So there's a lot of unanswered questions that are -- City ofMiami Page 135 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Chair Gort: My question is -- Ms. Mcllroy: -- deterrent to our leasing. Chair Gort: And the only problem I have with this contract is this language here that in case they're not able to get -- secure the so big stadiums -- individuals -- if they don't get the individuals, what happens then? Do we leave the space vacant, because we're eliminating some of the people that may be able to come in? Vice Chair Carollo: No. If that occurs, Commissioner, I'd be the first one to come back here and say, hey, listen, no, we have to amend -- Chair Gort: that's the only objection I have. Vice Chair Carollo: Okay. Chair Gort: Why don't we eliminate that -- remove that. Vice Chair Carollo: Because again -- okay. It goes back, Commissioner, to -- first of all, with -- before answering that, Mindy, can you please tell us of what stadiums you've researched, what are the establishments around the stadium. Ms. Mcllroy: Yes. Since we had been retained, I have personally flown to Washington DC (District of Columbia) to see the national -- the baseball park that was built there and the adjacent arena where they have basketball games. My associate, Danny Diaz, has been to St. Louis to see the stadium there. I had lived in Atlanta for over ten years and very familiar with Turner Field. The majority -- those are the three that I can call out today. The majority of the type of tenants that are found in ballpark entertainment districts are restaurants and lounges and drinking establishments/bars. That's the common denominator of what we have found in the stadiums that we have personally viewed and also the research that we've done online for the stadiums that we had been unable to go and personally view. So when we were chosen to represent the leasing for the stadium, our vision was -- is that we wanted to have it stay in keeping with a national ballpark -- national stadium. Chair Gort: By the way, I'm not questioning your professionalism. I think you guys are very professional and doing a good job. But at the same time, when you compare stadiums in other cities, do those stadium have the same component that we have? In other words, (UNINTELLIGIBLE) the stadiums that wanted to have all the facilities and then they don't have additional garages owned by someone else where additional facilities will go into. So I can understand people wanted to go into the stadium with the baseball game where everything's taking place. This is all like at the outside of the perimeter or the stadium. Do the other stadium have the same facilities? Ms. Mcllroy: No. I think that our facility is somewhat unique. Chair Gort: Okay. Ms. Mcllroy: -- that we have retail space that is actually on the campus that is not within the stadium. One other point I'd like to make is that it's very important how we start the leasing with the retail because retailers and restaurants have a herd mentality and whatever leases that you sign first is going to set the tone for the direction that you're going to take with the rest of the project, so by way of example. If you were to lease space that's typical of a neighborhood or community shopping center, your average grocery and shopping center that you go for goods and services, if that's the direction that this team decides that they want to go, then that is the direction that your stadium will always be. If you sign leases initially that are going to be with City ofMiami Page 136 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 the restaurant and lounges that are going to play to the entertainment component, then that is the direction that your stadium will go as well. And it is my opinion, with the research that we have done, that you want to take the direction to be leasing to the restaurants and lounges and then doing backfill/infill with nontraditional retail tenants, which could be something along the lines of art galleries, museums, small museums, or potentially memorabilia stores if we were able to get the restriction lifted from the Marlins. That's the other thing that I shall point out, that in addition to us having to lease basically with one arm tied behind our back because we don't have the clear direction that I had just indicated earlier in my comments, we also have a lot of restrictions that are in place because of the agreement that is between the stadium and the City of Miami. there are a lot of uses that are in place there that are typical in a ballpark entertainment district that cannot be leased to because it's a restriction that would require a variance from the Marlins, who, I must go on record to say, has been very cooperative and they've been very approachable. And it is my hope that they'll be able to release some of these restrictions so that we can continue to keep having interest in the garages. Chair Gort: Okay. Thank you. Commissioner Spence -Jones: Mr. -- Ms. Bravo: Andl -- ifI could add, you know, Ms. Mcllroy has been very professional and very hardworking. And obviously, at the end of the day, her firm is successful if and when they sign leases because of the Commission structure of their contract, so they've taken upon themselves to travel and to do this research. And if they didn't feel comfortable that this vision could be realized here, we would have heard of -- Commissioner Spence -Jones: Right. Ms. Bravo: -- from them already to that regard. Commissioner Spence -Jones: So, Mr. Chairman -- Chair Gort: Yes. Commissioner Spence -Jones: -- I don't know if you have any other questions for her. Chair Gort: No. 171 bring them up later on. Commissioner Spence -Jones: So I would like to definitely, Commissioner Carollo, take a few minutes to kind of like address some of the things in the back with Neil and if Terranova and maybe one of the City staffers if they are available, I want to kind of go through some of the key things. Ms. Mcllroy: Sure. Commissioner Spence -Jones: I was going to ask you a question, but I'm not going to even set you up like that because I know ifI ask you in the next three weeks if the plans would be permitted, ready to go, agreement signed by the boards, would that happen, I know probably what your answer would be would be absolutely no, right? Ms. Mcllroy: My answer would be thatl do think it's highly unlikely that permits and everything are going to be signed within the next three weeks. Commissioner Spence -Jones: Okay. Ms. McIlroy: But what I think is important that if we could get something fleshed out today is City ofMiami Page 137 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 that it would help our efforts to be able to have that clear direction of who is going to be the lessor of the stadium so that we could start moving, and that's -- Chair Gort: Right. Commissioner Spence -Jones: Yeah. Ms. Mcllroy: -- the key component that we're hoping to be able to accomplish today. Commissioner Spence -Jones: Andl got it. Andl want us to move. I want us to move. Chair Gort: Yes. Commissioner Spence -Jones: I just want to make sure I have my input, that's all. So I'm going to -- Chair Gort: Okey-doke. Commissioner Spence -Jones: -- take a break. Chair Gort: Thank you. Thank you very much. Vice Chair Carollo: Mr. Chairman, could there be a time that we come back to --? Chair Gort: We're going to recess right now and go into the Zoning and get some of the zoning matter out and then come back. Commissioner Spence -Jones: Are you doing your board appointees -- appointments or you're going to wait? Chair Gort: That's late. Vice Chair Carollo: Yeah. Commissioner Spence -Jones: Oh, you'll do it after -- Vice Chair Carollo: So -- Chair Gort: Okay. Thank you. Vice Chair Carollo: -- more or less, I just want to know, more or less, a time for this, 'cause I'm going to ask Ms. Mcllroy to stay and Terranova to stay and so forth, so I want to, you now, more or less, see a time -- andl don't need a time certain, but around what time do you foresee us coming back in and hearing this? Chair Gort: Maybe about 6: 30, 7. Commissioner Spence -Jones: What -- hear them at 6: 30, 7? No. You're saying that's going to be the first item -- Chair Gort: It's 5: 30 right now. Commissioner Spence -Jones: So you want to deal with that first before we go into P&Z (Planning & Zoning). Is that what you're asking? City ofMiami Page 138 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Vice Chair Carollo: No. We -- Chair Gort: I would like to go in P&Z, if you don't mind? Vice Chair Carollo: We can go into P&Z. All I'm asking is, more or less, a time when we're going to take this up again. Commissioner Spence -Jones: About 8 o'clock. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Since I think we lost quorum, could we ask for a recess? However -- Chair Gort: At this time we're going to recess the -- this meeting; open the -- Vice Chair Carollo: P&Z. Chair Gort: -- P&Z. Vice Chair Carollo: And can I respectfully request that PZ.3 be heard first since it was -- there was no -- Chair Gort: I don't have any problems, but I have a question. In all those negotiations you be doing with all those people that they left -- Vice Chair Carollo: Not -- Chair Gort: -- was that because negotiating with you or -- Vice Chair Carollo: I have -- Chair Gort: -- other circumstances? Vice Chair Carollo: -- haven't done any negotiations. Let's get that -- Chair Gort: I -- no. The discussions that you've been having with all those individuals from the City ofMiami -- Vice Chair Carollo: All the -- Chair Gort: -- did they leave because of you? Vice Chair Carollo: I don't know. I think you asked several people, they might tell you, oh, exactly why they left, andl don't think it was me. Chair Gort: Okey-doke. P&Z. Vice Chair Carollo: Remember, I'm the one who's been saying months and months ago about instability, which is a bad word, and I'm sure I'm going to be -- end up in the penalty box again. Chair Gort: We're not stability now. Ms. Thompson: Excuse me, Chair. City ofMiami Page 139 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Chair Gort: Yes. Ms. Thompson: Excuse me. When you recess, we do need to take time to switch over to another agenda -- Chair Gort: Okay, five. Ms. Thompson: -- so I can't go right into it. Thank you. Chair Gort: All right, real five. Ms. Thompson: Thank you. [Later..] Vice Chair Carollo: RE.12. Chair Gort: What is it? Vice Chair Carollo: RE.12. Chair Gort: RE.12. Vice Chair Carollo: Yeah. Commissioner Sarnoff. I don't want to be here. Vice Chair Carollo: We rounded third. I see home. Chair Gort: It's the nine -- ninth inning, 0-0, 2 on base, 2 out. Ms. Bravo: Chairman, during the brief recess -- Vice Chair Carollo: See where we are. Ms. Bravo: -- we had a chance to have some discussions and that led to a few amendments to the interlocal. In addition to the amendments that we read earlier into the record, I would ask that the City Attorney read the new proposed amendments that -- in addition to the ones we had before. Ms. Bru: Okay. Basically, what the Commissioner wants to see in this agreement -- Commissioner Spence -Jones: Am I the -- I'm not the only one. You met with both, right? Ms. Bru: I'm addressing the -- Commissioner Spence -Jones: Me first. Ms. Bru: Right. Commissioner Spence -Jones: But I know Commissioner -- Ms. Bru: Commissioner Gort's item will be addressed on the floor too. Commissioner Spence -Jones: Okay, so both items. City ofMiami Page 140 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Ms. Bru: So what the -- what Commissioner Spence -Jones wants to see in this agreement is a real affirmative obligation here to achieve diversity, cultural and ethnic, in the tenant mix. So it's not a set aside. It's not preference. It's not a quota. It's simply an affirmative obligation to achieve cultural and ethnic diversity with respect to the ownership of the retail -- Commissioner Spence -Jones: Tenant mix. Ms. Bru: -- tenant mix. So what we did is -- the first thing that we did was in -- on page 14, Section 5.3 -- Chair Gort: Wait, wait, wait. Ms. Bru: I'm sorry. Let me direct you first to page 13 of the agreement, page 13. That is in Article 5 where we describe the retail facilities; 5.1.2 where the subtenant mix is described, we added a sentence at the very end, and that sentence will read the subtenant mix must reflect the cultural and ethnic diversity of the City ofMiami with respect to ownership. So this is an affirmative statement saying that the tenant mix has to reflect the City ofMiami with respect to ethnicity and culture. How will this be implemented? This is how this will be -- this is the recommendation of how this will be implemented. On page 14, that same article, Section 5.3, where we describe the process for the selection of the appropriate subtenants, we're going to add the following sentence. Additionally, prior to the City Manager granting consent of any retail interest, the City Manager shall consult with the CEO of the MPA and a designated member from a local business advocacy organization -- andl will describe that in a minute -- to ensure that the subtenant mix reflects the goal expressed in Section 5.1.2 with respect to cultural and ethnic diversity. So what's being proposed now is that there will be an additional component now to reviewing the tenant mix by way of including not just the City Manager, but also having the chief executive officer ofMPA along with what we are describing as local business advocacy organization, and by that we have included a new definition now which -- the definition of local business advocacy organization will be a new definition inserted in the definitional section, and it means the Greater Miami Chamber of Commerce, the Beacon Council, or other similar organization to be determined by the CEO of the MPA from time to time. So the CEO ofMPA will reach out to these -- one of these organizations or a similar organization and have one of their members join the Manager and the CEO ofMPA. So before the Manager considers, you know, the rest of the proposal from a proposed subtenant, these three individuals now will have to make sure that the goal that's being expressed in this agreement with respect to ethnic and cultural diversity is, you know, being promoted. Commissioner Sarnoff.. Could you read that again? Ms. Bru: Okay. Commissioner Sarnoff.. I assume it's going under 1.3. -- 1. -- Ms. Bru: The definition? Commissioner Sarnoff.. Right. I'm assuming it's going after the level (b)? Ms. Bru: Right, right. It's local business advocacy organization shall mean the Greater -- Commissioner Sarnoff.. Wait, wait, wait. Business advocacy -- I'm not -- Ms. Bru: Right. Commissioner Sarno:I -- as fast as you. City ofMiami Page 141 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Ms. Bru: Local business advocacy -- Commissioner Sarnoff.. Or as I would say if we weren't on TV (Television), I'm not your secretary. Ms. Bru: Okay. Local business advocacy organization shall mean the Greater Miami Chamber of Commerce, the Beacon Council, or other similar organization to be determined by the CEO of the MPA from time to time. Commissioner Spence -Jones: That was a simple request. Ms. Bru: There was one additional concern or -- not concern, but a request that Commissioner Spence -Jones wanted to see happen here, and that is -- and we -- what we did is we added another whereas clause. That's found on page 2. And this whereas clause reads: Whereas the MPA shall operate the parking facilities in a manner that encourages the hiring of small businesses and local workforce that reflects the cultural and ethnic diversity of the City ofMiami. So, again, this is not a set aside. It's not preference. It's not quota. It's simply a strong affirmative statement of policy that requires the administer of this contract -- in this respect, it's for the parking -- the operations of parking facilities to be operated in a manner that encourages the hiring of small businesses and local workforce that reflects the cultural and ethnic diversity of the City of Miami. Commissioner Sarnoff.. Where is that going? Ms. Bru: It's going to go as a whereas on -- Commissioner Spence -Jones: Whereas. Ms. Bru: -- page 2. Commissioner Sarnoff.. Where? Where are your whereas clauses? Ms. Bru: Our whereas clauses begin on page -- the first -- on the first page -- Commissioner Spence -Jones: One of three. Ms. Bru: -- which is not paginated, but then they continue on to page 2. Commissioner Sarnoff.. I don't have one whereas clause. Ms. Bru: It's recitals. The recitals. Chair Gort: Whereas. Ms. Bru: The very first page. Chair Gort: Right here. Commissioner Sarnoff.. Of the interlocal coop -- are you -- Ms. Bru: Yes. Commissioner Sarnoff.. -- talking -- City ofMiami Page 142 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Ms. Bru: The very first page, recitals. The recitals don't say whereases. We put this in as a whereas. We'll make it all consistent. Commissioner Sarnoff. Okay. Now that I understand your whereas doesn't say whereas, but could you say it again? Ms. Bru: I'm sorry. Chair Gort: Which whereas? Commissioner Sarnoff. But you know, we must have went to different law schools. Ms. Bru: It's a recital. I'm sorry. It's a -- we'll make it consistent. Commissioner Sarnoff. What's it going to say? Ms. Bru: This is -- the MPA shall operate the parking facilities in a manner that encourages the hiring of small businesses and local workforce that reflects the cultural and ethnic diversity of the City ofMiami. Commissioner Sarnoff. One more time. I missed one of your -- I just missed -- Ms. Bru: Okay. MPA shall operate the parking facilities in a manner that encourages the hiring of small businesses, local workforce that reflects the cultural and ethnic diversity of the City of Miami. And both Alice and Art can address, you know, this from their operational perspective. I just wanted to put it on the record as far as the legal amendments -- the legal language. Commissioner Spence -Jones: So -- just so that we're clear and you guys understand what the viewpoint was in a nutshell, the one thing that I had concerns about -- not that I -- not had anything to do with Johnny. I just thought that it -- we needed to have -- and again, not a committee; an advisory -- Ms. Bravo: Group. Commissioner Spence -Jones: -- group that consisted of the Manager, the CFO -- not -- Unidentified Speaker: CEO. Commissioner Spence -Jones: -- CEO of MPA 'cause I think it's important for him to be involved in the very beginning of it and making sure that any business organization like the Beacon Council or Miami Dade Chamber, they're involved in that process to make sure we get the mix. So that was my number -one issue, making sure all three of them met and they went through it after Terranova had actually gone through all the due diligence of the request so then it would be forwarded to this -- these three to address. Correct? Ms. Bravo: Correct. Commissioner Spence -Jones: All right. And then the second part of it was just making sure that we do have the right tenant mix that reflects the residents of our City, so -- Ms. Bravo: Correct. And as our leasing agent spoke earlier, she mentioned that attracting tenants to the facility is like planting seeds and watching them grow. We want to make sure she plants seeds in the areas that represent the community as well. Commissioner Spence -Jones: Commissioner Sarnoff, you have a comment? City ofMiami Page 143 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Sarnoff. Yeah. I'm trying to think because there's obviously -- you obviously have Terranova out there leasing, andl'm assuming they're having -- they put statements out that talk about, you know -- I forgot how they do it in real estate parlance, but they -- you shall not discriminate against, you know, and then I'm wondering if you have this goal -- I wonder if Terranova shouldn't be aware of this, because I don't know that this -- Chair Gort: They're right here. Commissioner Spence -Jones: Yeah, they're there. Commissioner Sarnoff. Oh, they're here? Ms. Bravo: Yes. Commissioner Spence -Jones: They were in the meeting. Ms. Bravo: We were -- Commissioner Sarnoff. You guys okay with that, with your -- with the statements that you make? Ms. Mcllroy: Mindy Mcllroy with Terranova. Yes, I was part of the discussions that we had. And the documents that we will be presenting to perspective tenants as it relates to their business experience and their credit worthiness, et cetera, will be speaking to those particular items. They're going to be aware that once they are chosen, that they're going to have to go in front of the advisory review committee and that these questions will be asked of them as it relates to ethnic diversity and -- I'm sorry, I forgot the terminology that -- Commissioner Sarnoff. Cultural. Ms. Mcllroy: So, yes, we're aware, andl'm comfortable with that. Ms. Bravo: But it -- again, it's something that starts at the beginning, you know -- Commissioner Spence -Jones: Yeah. Ms. Bravo: -- in the outreach to perspective tenants. We want to provide outreach to, yes, tenants that are going to provide the market rent, that have the credit to have an establishment -- Commissioner Spence -Jones: Yeah, they have to have -- Ms. Bravo: -- in this facility. Commissioner Spence -Jones: -- the capacity to do it. Ms. Bravo: Yes. Ms. Mcllroy: Correct. Commissioner Spence -Jones: This is not about you're getting it because -- Commissioner Sarnoff. No. I -- Vice Chair Carollo: Okay. City ofMiami Page 144 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Ms. Bravo: But we want to make sure we're -- Vice Chair Carollo: And -- Ms. Bravo: -- reaching out to -- Commissioner Spence -Jones: This is about you're being -- have the capacity -- Ms. Bravo: -- diverse groups. Commissioner Spence -Jones: -- to do it. Commissioner Sarnoff. I was just playing the scenario out towards the end, like supposing you -- let's say, for instance -- let me put it on me so it'll -- supposing you had a bunch of white guys, just Anglo white guys, and you guys said, you know, we got to get more diversity. And the next guy comes in and you do the anti -- what do they call it, nondiscrimination statement that most real estate people do? Ms. Mcllroy: Yes. Commissioner Sarnoff. And he's another Anglo white guy and he say, well, wait, we can't have you because we have too many of you. Commissioner Spence -Jones: No. Our discussion was that they're going to vet everyone so everyone have an opportunity to participate. It's not going to be one over the other. Commissioner Sarnoff. As long as they're okay with it. I could just see a scenario where you're going to have -- because they're not going to all come in at the same time. They're going to come in at -- Ms. Bravo: Right. Commissioner Sarnoff. -- different times. And you're going to -- always looking back and saying over your shoulder how's my diversity doing. Chair Gort: Okay. Commissioner Spence -Jones: But you know what, if we don't start taking a step in this direction, it's never going to happen. Commissioner Sarnoff. Okay. Commissioner Spence -Jones: And my comment in the meeting with the team or with the staff is that, you know, we -- very different for them, Terranova, if we're talking about a group that use private money, but we're talking about we use taxpayers' money to actually help build this project, so I think it's extremely important -- public money -- I think is extremely important that we do whatever it takes to make sure that everybody is included in this process. Chair Gort: My question is, there are certain criterias [sic] that people have to meet. I mean, you got your financials, you got your insurance, you got experience, so everything -- we're saying whenever they get their clients, everything being equal -- Commissioner Spence -Jones: Yeah. Chair Gort: -- don't try to mix it. But everything's got to be equal because everyone has to have City ofMiami Page 145 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 the capital. Commissioner Spence -Jones: Yes, of course. Ms. Mcllroy: Correct. Chair Gort: They have to have -- Ms. Bravo: Right. Chair Gort: -- the experience, the business within the industry, and they got to have the know-how. Commissioner Spence -Jones: I agree with -- Chair Gort: And as long as they meet all those, then they can compete. Commissioner Spence -Jones: Andl think that's -- Chair Gort: Then that's when the selection can take place. Commissioner Spence -Jones: Right. Ms. Bravo: And we'll reach out to diverse groups to make sure -- Chair Gort: Okay. Ms. Bravo: -- that those are the offers we're entertaining. Chair Gort: Gotcha. All right. Ms. Bru: Now -- Chair Gort: Now -- Ms. Bru: -- I understand the Chairman also had some -- Chair Gort: Well -- Ms. Bru: -- issues with -- Chair Gort: -- I had two issues. The 51.2 [sic], which is the -- andl don't -- that's all right, you stay up. By eliminating Section 5.1.2, which is -- it states as being understood that the said establishment do not include those which provide ordinary goods and service are more commonly found in neighborhood shopping center and other convenient locations. Will this hinder your ability to lease the facility if this is to be removed? Ms. Mcllroy: Yes, I feel that it would. Chair Gort: It would? Ms. Mcllroy: Yes. Vice Chair Carollo: Mr. Chairman. City ofMiami Page 146 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Chair Gort: Okay. Eliminating this section about would still allow you to discretionary choose the tenants and mix to fit your selection according to -- Ms. Mcllroy: Because the direction that we have taken to find restaurants, lounges, and specialty retailers are not going to want to partner in a project with goods and services that are typically found in a community or neighborhood shopping center. Chair Gort: No, I understand. We discussed that goal. But my understanding is that some of this major firms or companies that we have here come up to you with a plan where they're not going to operate the same way as they operate in a shopping center, it'll be something completely different. Will they be able to look at? Ms. Mcllroy: Then that would be fine as the clause is written because then they would be -- so, for instance, if they were -- if it was an office supply parent company but the use clause that they wanted to have in our project is is that they wanted to offer a -- run a restaurant. There's many companies that have one typical business and then they have other ancillary businesses, as long as the use that is being operated within the project is in keeping with restaurant specialty -- Chair Gort: That's my question. Ms. Mcllroy: -- et cetera, they would be fine. Chair Gort: If someone comes to you with the criterias [sic] of the funding, the experience in the business, and with a plan whether it be in a restaurant with the -- whatever you call them -- sports bar and so on -- Ms. Mcllroy: Uh-huh. Chair Gort: -- that can be looked into, although they have other shopping centers and so on. Ms. Mcllroy: Is your question is if they -- if a sports bar were to come --? Chair Gort: If they come up with an idea where they're going to have the sports bar and restaurant and the mixture you're looking for. Ms. Mcllroy: Yes. Chair Gort: Okay. All right. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: First of all -- actually, I'll yield to Commissioner Suarez. Commissioner Suarez: Yeah. Mine's real quick and then we can hopefully wrap this up. My only concern thatl expressed from the beginning of discussions on this issue was, you know, the possibility of having a museum in the retail space. And the way I read the agreement -- and l just want to confirm that everybody reads it the same way 'cause I don't think there needs to be any changes made to the agreement. By the way, I want to commend the Vice Chairman for his work on the agreement. I know he worked very hard on it, and it's a very tight agreement, believe me. It's -- I've read a few of these. Section 5.1.2, where it says provides that the retail facilities include establishments *hose primary business model similar to those establishments typically found near base -- major league baseball parks and other major sports venues throughout the United States, and there's one, two, three, four, five, at least six major ballparks that have City ofMiami Page 147 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 museums. Texas Rangers/Ranger Ballpark: Legends of the Game Museum; Atlanta Braves: Turner Field; Ivan Allen Jr.: Braves Museum Hall of Fame; Kansas City Royals: Kauffman Stadium/Royals Hall of Fame; New York Yankees: Yankee Stadium/Yankee Stadium Museum. Baltimore Orioles have two museums, both -- actually near the stadium, not in the stadium. One of them is the Babe Ruth Birthplace Museum and the other one is the Sports Legends Museum. And you know, the history of Cuban baseball is actually an interesting history because most of the professional baseball -- Cuban baseball players are African -- Afro-Cuban, so it's a legacy that, you know, as Cubans, we should be very, very proud of. And it's one thatl think we should strive to preserve in terms of historic. So I don't think there needs to be any changes to the agreement. I just wanted to specifi, that, you know, is one of the business models that is found typically in a major league stadium. Commissioner Sarnoff. Are they -- Commissioner Spence -Jones: Are they paying? Commissioner Sarnoff. Yeah. I was just -- are they self-sustaining? I mean -- Commissioner Suarez: Well, you know, I think the agreement calls for -- I think there's several issues with payment. I think the agreement says that they need to have -- my understanding of -- my reading of the agreement -- they need to be basically market essentially. Ms. Bravo: Market rate. Vice Chair Carollo: Yeah. Commissioner Suarez: Right. Vice Chair Carollo: Everybody. Commissioner Suarez: I mean -- right. So -- Commissioner Sarnoff. They would pay market rate like -- Commissioner Suarez: Well, I don't know what they would pay. I haven't -- I -- you know, they need to figure that out. I mean, the agreement, I believe, is conditioned on the greater agreements. We have our bond agreements and other covenants that we have which require that all the tenants be rented out at fair market value I believe. Chair Gort: Meeting all the criterias [sic]. Commissioner Suarez: Yeah. I think our legal agreements that kind of -- that this is underpinning require that the leasing space be leased at market, so I don't think that's really for debate. If they can do that, great. Ms. Mcllroy: Correct. Vice Chair Carollo: I think we're -- yeah. I think you read it correctly. Ms. Bravo: No objection. Chair Gort: Okay. Vice Chair Carollo: That's my understanding. Mr. Chairman. City ofMiami Page 148 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Chair Gort: Yes, sir. Vice Chair Carollo: Just something that Commissioner Suarez said. I appreciate you mentioning, you know, the hard work thatl have done. However, you know, we work as a team and, you know, I'd be remised ifI don't, you know, also thank, I mean, pretty much all the people you see standing here from Alice Bravo, especially Jamil. I know Jamil put a lot of time into this. And mean, Dan, Julie; I know Kira -- Ms. Bravo: Veronica. Vice Chair Carollo: Veronica. Commissioner Spence -Jones: Johnny. Vice Chair Carollo: I mean, I -- Dan. I mean, you know, it's really a team effort. And even going back to all the people that I mentioned that are no longer with us, even -- Chair Gort: Well, these are still here. Vice Chair Carollo: -- you know, Public -- Chair Gort: That's good. Vice Chair Carollo: -- Madeline -- well, I don't think they left because of me to be honest with you. I think there were other issues. But from Madeline Valdes to everybody. Commissioner Sarnoff.. That's not what they told me. Vice Chair Carollo: But anyways, with that said, I really want to thank all of them because, you know, it truly was a team effort. You know, Terranova obviously also so -- Chair Gort: Look -- Vice Chair Carollo: Now that aside, I want to ask Ms. Mcllroy, do you see any issues -- let me rephrase that. Could the amendment that was requested by Commissioner Spence -Jones hinder in your opinion in any way our vision of revitalizing that area, getting the right mix, you know, from your research and so forth? Ms. Mcllroy: No, because I think that the additions that she's asking for are in keeping with what our goal was all along to begin with. Vice Chair Carollo: Thank you. Chair Gort: I have another question. Vice Chair Carollo: No other questions. I accept the amendment. Commissioner Spence -Jones: Thankyou. Commissioner Suarez: As the seconder, I accept. Commissioner Spence -Jones: Thankyou. Vice Chair Carollo: Could we call the question? City ofMiami Page 149 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Chair Gort: No, I got another question. Commissioner Sarnoff. I had a question too. Commissioner Spence -Jones: It better be a good one. Chair Gort: Go ahead. Commissioner Sarnoff. And it's just an observation. Why are we putting gambling in this? Chair Gort: That's -- that was going to be my next one. Ms. Bravo: And to -- Chair Gort: 5.4.5, the games are changed -- gambling activities, 5.45 [sic]. Ms. Bravo: And just about all City agreements have a clause that stipulate if gaming were to become legal, that that use could not become part of the lease unless it's brought back to the City Commission for approval. So in this instance with these retail spaces, the same thing would happen, that if gaming were to become legal, the MPA would not be free to amend sublease to include that -- Vice Chair Carollo: In other words -- Ms. Bravo: -- without coming back to the City Commission for approval. Vice Chair Carollo: -- should that happen -- before anything can happen, it needs to come back to the City Commission. Commissioner Spence -Jones: Well, that's what it -- that's what's going to happen, right? Ms. Bravo: That's the reason for the clause. Commissioner Spence -Jones: Yeah. Commissioner Sarnoff. So any retail establishment that we sublease or do this, we always have a gaming clause in there? Ms. Bravo: Well, in -- for example, in our Jungle Island agreement, there's -- Commissioner Sarnoff. There's a gaming clause? Ms. Bravo: -- a clause in that lease that should gaming become legal, that use would require coming back to the City Commission for amendment to the -- Commissioner Sarnoff. And in Flagstone, do we have that? Ms. Bravo: Yes. Commissioner Sarnoff. Wow. Ms. Bru: Commissioner -- Chair Gort: I didn't know that. City ofMiami Page 150 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Ms. Bravo: That's actually in our -- Commissioner Sarnoff. I didn't know that either. Ms. Bravo: -- three party agreement -- Chair Gort: They all have that? Ms. Bravo: -- with the State. Vice Chair Carollo: Yeah, we're not slipping here. Chair Gort: I was not aware of that. Ms. Bravo: And the Hyatt as well. Commissioner Sarnoff. I didn't know that. Vice Chair Carollo: We're not slipping here. Ms. Bru: Commissioner, in commercial leases, if you don't restrict the uses, it's generally understood that the tenant can do whatever is permissible under regulations. Vice Chair Carollo: Exactly. Ms. Bru: So if you want to restrict something, you've got to say it, you know. And to protect ourselves, we always include those clauses so that there's no question about the use. Commissioner Sarnoff. So it's actually the opposite of whatl think, which is it's a restriction. Chair Gort: Okay. Commissioner Sarnoff. So like a {4hereas'clause that doesn't say whereas is really a whereas clause. Okay. Ms. Bravo: Different law school. Chair Gort: It's late. Okay, any further discussion? Commissioner Spence -Jones: I think the only -- Vice Chair Carollo: Call the question. Commissioner Spence -Jones: -- thing we mentioned in the end is that -- andl think Art made the suggestion, which I think is a good one, to at least come back with a status report to the Commission, not for approval but just so that we know what's happening on the retail space so that we know how to address it. And, Terranova, let me ask you: As you guys get ready to decide what space is going to be used, when the stadium does open -- the space is just a shell now, right? Unidentified Speaker: Right now it's a shell. Commissioner Spence -Jones: Right. Chair Gort: Yes. City ofMiami Page 151 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Spence -Jones: So is there a possibility -- 'cause I like the concept, even though I know Commissioner Suarez was talking more about -- how you say -- more station -- a stationary museum which would be there all the time. But I'm just wondering because until you get all the space leased, is it possible to do some sort of exhibits somehow in that space just -- you know, even if it's art, but just so that the place looks like there's something there. Ms. Bravo: Well, the spaces -- Ms. Mcllroy: Unless there was -- Ms. Bravo: -- right now don't have a -- Ms. Mcllroy: floor. Ms. Bravo: -- floor slab. Commissioner Spence -Jones: Oh, they don't. Ms. Bravo: It's exposed in case a restaurant comes in and they have to -- Commissioner Spence -Jones: Okay. Ms. Bravo: -- put in their grease traps and whatever -- Commissioner Spence -Jones: No problem. Ms. Bravo: -- utilities. Mr. Martinez: And we have the money set aside for that. Mr. Noriega: But what you could do along those lines -- and it's very typical; the retail that hasn't been leased yet -- is window covering that could actually, in some way, shape, or form, honor some of the historic Cuban baseball players. I mean, we could do some art work. I mean, they -- I'm sure the museum guys have it. It's just a matter of getting it put on a wrap that you could put in -- Commissioner Sarnoff. You know -- Vice Chair Carollo: Let -- Ms. Mcllroy: Correct. Commissioner Sarnoff. -- you could do -- Mr. Noriega: -- the windows. Vice Chair Carollo: Hold -- Commissioner Sarnoff. -- famous Jewish baseball players. I think there's three. Commissioner Spence -Jones: I think we need -- Mr. Noriega: There are. City ofMiami Page 152 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Spence -Jones: Listen, let me just say, I think you should keep that part -- if you do something like that, I think you should keep it open, you know, for -- Vice Chair Carollo: Mr. -- Commissioner Spence -Jones: -- not just targeting one group, but make it diversified like you're diversifying everything else. Vice Chair Carollo: -- Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: We had spoken as far as putting that wrap with Terranova's phone number so anyone that passes by and is interested in calling and leasing would actually have the number and so forth so -- andl -- and as a matter of fact, I think it's already gone into print for the -- Ms. Bravo: Yeah, we approved -- Commissioner Spence -Jones: But you -- for Midtown, I'm just going to give you example, and we know this. Until they got that space rented, they kind of did both. They had some art based stuff in the windows, plus they had, you know, For more information, contact. "So it just makes it look more -- makes the space look more interesting. It doesn't necessarily have to be baseball, whatever you want it to be. But my point is I think it would be great to have something visual so it doesn't look like dead space. Ms. Mcllroy: Yes. You could take the rap -- I mean, if you go down Miracle Mile in Coral Gables, by way of example -- Vice Chair Carollo: Yes. Ms. Mcllroy: -- and they have shopping scenes and dining scenes and things to show that there's active -- Commissioner Spence -Jones: Yeah. Ms. Mcllroy: -- it looks active. Vice Chair Carollo: And I'm hoping for some Coming Soon." Commissioner Spence -Jones: Yes. Vice Chair Carollo: Call the question, Mr. Chairman. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Thompson: Just make sure that we understand that it is approved as modified. Chair Gort: As modified. Vice Chair Carollo: As modified. Commissioner Sarnoff. Well, wait a minute. Was it as modified? City ofMiami Page 153 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 BC.1 11-00990 Ms. Thompson: Yes. Chair Gort: Yeah. Commissioner Sarnoff. Oh, wait, wait, wait. Commissioner Spence -Jones: With recommendations. Commissioner Sarnoff. With -- Chair Gort: Commissioners -- Commissioner Sarnoff. -- recommendations too? Chair Gort: With recommendations. END OF RESOLUTIONS BOARDS AND COMMITTEES RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS DESIGNATED HEREIN. BC.2 11-00991 Office of the City Clerk APPOINTEES: 11-00990 Arts CCMemo.pdf 11-00990 Arts Current Board Members.pdf NOMINATED BY: Vice Chairman Frank Carollo Commissioner Francis Suarez Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Francis Suarez City ofMiami Page 154 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 11-00991 Bayfront Park CCMemo.pdf 11-00991 Bayfront Park Current Board Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.3 RESOLUTION 11-01056 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. BC.4 11-00992 APPOINTEES: (Alternate Member) (Alternate Member) 11-01056 CEB CCMemo.pdf 11-01056 CEB Current Members.pdf NOMINATED BY: Commission -At -Large Commission -At -Large Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION 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. BC.5 11-00993 Office of the City Clerk APPOINTEES: 11-00992 CSW CCMemo.pdf 11-00992 CSW Current Board Members.pdf NOMINATED BY: Vice Chairman Frank Carollo Vice Chairman Frank Carollo Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY City ofMiami Page 155 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 BC.6 11-00994 RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 11-00993 CRB CCMemo.pdf 11-00993 CRB Current Members.pdf NOMINATED BY: Mayor Tomas Regalado Vice Chairman Frank Carollo Vice Chairman Frank Carollo Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION 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. BC.7 11-01045 APPOINTEES: 11-00994 CTAB CCMemo.pdf 11-00994 CTAB Current Board Members.pdf NOMINATED BY: Mayor Tomas Regalado Vice Chairman Frank Carollo Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENTS OF CERTAIN INDIVIDUALS AS MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Tony Alonso DDA Board of Directors (Term 9/1/2011 through 8/31/2015) Jerome Hollo DDA Board of Directors (Term 9/1/2011 through 8/31/2015) Nitin Motwani DDA Board of Directors City ofMiami Page 156 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 BC.8 11-01007 (Term 9/1/2011 through 8/31/2015) Richard Lydeeker (Term 9/1/2011 through 8/31/2015) 11-01045 DDACCMemo.pdf 11-01045 DDA Current Board Members.pdf 11-01045 DDA Memo and Resolution.pdf DDA Board of Directors Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 11-01007 EAB CCMemo.pdf 11-01007 EAB Current Board Members.pdf NOMINATED BY: Mayor Tomas Regalado Commissioner Francis Suarez Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.9 RESOLUTION 11-00995 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: Chairman Wifredo (Willy) Gort Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff City ofMiami Page 157 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Commissioner Michelle Spence -Jones IAFF FOP 11-00995 EOAB CCMemo.pdf 11-00995 EOAB Current Board Members.pdf 11-00995 EOAB FOP Memo.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.10 RESOLUTION 11-00996 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: Commissioner Marc David Sarnoff City Manager Johnny Martinez 11-00996 Finance CCMemo.pdf 11-00996 Finance Current Board Members.pdf 11-00996 Finance Manager's Memo.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.11 RESOLUTION 11-00997 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 11-00997 Health CCMemo.pdf 11-00997 Health Current Board Members.pdf NOMINATED BY: Vice Chairman Frank Carollo Commissioner Francis Suarez City ofMiami Page 158 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.12 RESOLUTION 11-00998 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Vice Chairman Frank Carollo (Architectural Historian - Category 3) Commissioner Francis Suarez (Architect - Category 1) Commissioner Michelle Spence -Jones (Real Estate - Category 5) Commissioner Michelle Spence -Jones (Landscape Architect - Category 2) 11-00998 HEP CCMemo.pdf 11-00998 HEP Current Members.pdf 11-00998 HEP Application Summary.pdf 11-00998 HEP Applications.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.13 RESOLUTION 11-00999 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Francis Suarez Commissioner Francis Suarez Commissioner Michelle Spence -Jones City ofMiami Page 159 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 11-00999 Homeland CCMemo.pdf 11-00999 Homeland Current Board Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.14 RESOLUTION 11-01057 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HOUSING AND COMMERCIAL LOAN COMMITTEE FORA TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: NOMINATED BY: City Manager Johnny Martinez 11-01057 HCLC CCMemo.pdf 11-01057 HCLC Current Board Members.pdf 11-01057 HCLC Manager's Memo.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.15 RESOLUTION 11-01000 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. BC.16 11-00519 APPOINTEE: NOMINATED BY: Commissioner Marc David Sarnoff 11-01000 MIC CCMemo.pdf 11-01000 MIC Current Board Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION City ofMiami Page 160 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 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 MSEACurrent Board Members.pdf NOMINATED BY: Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.17 RESOLUTION 11-01001 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 11-01001 NAB CCMemo.pdf 11-01001 NAB Current Board Members.pdf NOMINATED BY: Vice Chairman Frank Carollo Commissioner Francis Suarez Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.18 RESOLUTION 11-01002 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: Chairman Wifredo (Willy) Gort City ofMiami Page 161 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Vice Chairman Frank Carollo 11-01002 PRAB CCMemo.pdf 11-01002 PRAB Current Board Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.19 RESOLUTION 11-01003 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. BC.20 11-01061 APPOINTEES: 11-01003 UDRB CCMemo.pdf 11-01003 UDRB Current Board Members.pdf NOMINATED BY: Chairman Wifredo (Willy) Gort Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Francis Suarez Commissioner Francis Suarez Commissioner Michelle Spence -Jones Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Mayor Tomas Regalado Chairman Wifredo (Willy) Gort City ofMiami Page 162 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 BC.21 11-01004 Chairman Wifredo (Willy) Gort Vice Chairman Frank Carollo Commissioner Marc Sarnoff Commissioner Marc Sarnoff Commissioner Francis Suarez Commissioner Francis Suarez Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones 11-01061 PZAB CCMemo.pdf 11-01061 PZAB Current_Board_Members.pdf 11-01061 PZABApplications.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. BC.22 11-01005 Office of the City Clerk APPOINTEES: 11-01004 VKBPT CCMemo.pdf 11-01004 VKBPTCurrent Members.pdf NOMINATED BY: Commissioner Francis Suarez Commission -At -Large Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. City ofMiami Page 163 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 DI.1 11-01043 APPOINTEES: 11-01005 WAB CCMemo.pdf 11-01005 WAB Current Board Members.pdf 11-01005 WAB Mayor's Memo.pdf NOMINATED BY: Mayor Tomas Regalado Commissioner Francis Suarez Commissioner Michelle Spence -Jones Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF BOARDS AND COMMITTEES DISCUSSION ITEM DISCUSSION ITEMS Department of NET DISCUSSION CONCERNING THE HOMELESS ASSISTANCE WHICH IS Administration PROVIDED BY THE CITY OF MIAMI. 11-01043 Summary Form.pdf 11-01043 Miami Homeless Assistance Program.pdf DI.2 11-00979 Department of Management and Budget Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones DISCUSSION ITEM MONTHLY BUDGET UPDATE OF THE CURRENT FISCAL YEAR. 11-00979 Summary Form.pdf 11-00979-FY11 City Clerk Payroll Detail.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones DI.3 11-01025 City Manager's Office DISCUSSION ITEM DISCUSSION REGARDING THE BICYCLE MASTER PLAN. 11-01025 Discussion Item.pdf City ofMiami Page 164 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 M.1 11-00980 M.2 11-00878 Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT THE DONATION OF A SCULPTURE ENTITLED "FLORA LA RECOGEDORA DE SUENOS" ("SCULPTURE"), FROM THE CUNDO BERMUDEZ MUSEUM AND GALLERY ("BENEFACTOR"), AT AN ESTIMATED FAIR MARKET VALUE OF ONE MILLION DOLLARS ($1,000,000), WITH THE BENEFACTOR BEING RESPONSIBLE FOR FUNDING THE CAPITAL IMPROVEMENTS, DELIVERY AND INSTALLATION OF THE SCULPTURE, TO BE PLACED ON THE WESTERN EDGE OF THE AREA KNOWN AS THE "DEEP WATER SLIP" ON BISCAYNE BOULEVARD, BETWEEN BICENTENNIAL PARK AND THE AMERICAN AIRLINES ARENA, MIAMI,FLORIDA, AND THE CITY OF MIAMI FUNDING THE ONGOING MAINTENANCE OF THE SCULPTURE UPON COMPLETION OF ITS INSTALLATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT ACCEPTANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 11-00980 Legislation.pdf 11-00980 Exhibit 1.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCALAGREEMENT BETWEEN THE TOWN OF CUTLER BAY AND THE CITY OF MIAMI, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE ESTABLISHMENT OF THE GREEN CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY (PACE) DISTRICT. 11-00878 Legislation.pdf 11-00878 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City ofMiami Page 165 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 M.3 11-01066 Honorable Mayor Tomas Regalado ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED", MORE PARTICULARLY BY CREATING A NEW SECTION 62-536 ENTITLED "FARMERS MARKET PILOT PROGRAM", CREATING A FARMERS MARKET PILOT PROGRAM; DEFINING FARMERS MARKET, PERMITTING PROCESS, LOCATION, OPERATIONS AND FEES AND ENFORCEMENT OF SAID PILOT PROGRAM ; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-01066 Legislation SR (Version 3).pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Gort: At this time, (UNINTET,T IGIBT,F) requested from the Mayor to -- if we could hear M.3, which is an ordinance, and he has to leave. Mr. Min: IfI may, Barnaby Min, Zoning administrator. I believe the Mayor asked me to stand in for him on M.3, which is proposed legislation creating a pilot program for farmer's markets. Currently, the farmer's markets are allowed to operate either as a temporary event, which we just went through, which cost $153 every two weeks, or in order as a permanent use under Miami 21, but unfortunately, our current regulations prohibit or classin, a farmer's market the same as they do with flea markets, and obviously a farmer's market is not a flea market. So while we are amending Miami 21 or going through the process of researching and amending Miami 21, we've worked in conjunction with the Mayor's office in proposing a pilot program that will allow farmer's markets to operate on a temporary basis, in six-month increments. The fee would be $500 for a permit, unless it's a not -for -profit; then the fee would be reduced to 250. And it would be a first reading. Chair Gort: And this will be an ordinance, first reading. Mr. Min: Correct. Chair Gort: Okay, this ordinance is open to the public hearings [sic]. Anyone in the public would like to address this ordinance? Yes, sir. [Later...] Chair Gort: Okay. Yes, sir. Steve Marcus: My name is Steve Marcus. I am president and CEO (Chief Executive Officer) of Health Foundation of South Florida. Over the last 20 years, Health Foundation of South Florida has invested about $100 million in non-profit organizations in Miami and surrounding South Florida. One of the biggest investments we want to make is for healthy food and nutrition enhancement for our residents in the area, and that is why we are supporting non-profit farmer's markets so that they can bring access to fresh fruit and vegetables to the residents of their neighborhoods. The current expense for these farmer's markets that are non-profit to try to make a living is very difficult at $153 every event. So this is -- ask for a waiver on a pilot program to have non -profits have the ability to pay a lesser amount, we're in total support because we know City ofMiami Page 166 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 it's the only way we can have the children and adults of this community have better access to fresh food through going to their communities with fruits and vegetables. And we have the support of the community of gardeners, urban agriculture and farmers in the community to bring this food to market, as well as the farmer's market people. And we think this will be a great enhancement to a better quality of life and a healthier and more fit community. Chair Gort: Thank you, sir. Next. Yes. Erin Healy: Hi. My name is Erin Healy. I'm the founder and CEO of Youth Lead, which is a local food justice organization. We train youth in the community to work at farmer's markets and community gardens and do outreach to the community to promote those local food systems. We originally brought this to the City's attention because we realized that there wasn't anything yet in ordinance form to protect farmer's markets and facilitate farmer's markets. What often happens in inner-city, low-income communities is a farmer's market is perhaps the only option for people to get fresh fruits and vegetables. Not only that, but a farmer's market provides more healthy options. It's usually organic. It's locally grown. It's natural. It's picked sometimes that same morning. Considering the health disparities and the alarming rate of childhood obesity and diabetes, especially in South Florida, it is very important to be able to offer these options at a very low cost -- they're very simple -- to offer these -- this ability for the residents to get affordable and fresh fruits and vegetables not only on a weekly basis; there's now perhaps three or four different non profits that are operating farmer's markets one or two times a week within the City ofMiami. They're doing this with no funding or very little funding. They're doing this -- they're volunteer run. They're not able to afford the special event permit, and we don't believe that the special event permit is appropriate for the farmer's markets. So we would like to urge the Commissioners and the Mayor to adopt this pilot policy or this pilot program. And we're also looking forward to the comprehensive rewrite ofMiami 21 which would look inclusively and comprehensively at community gardens and farmer's markets as a community -driven local food system that provides affordable, healthy food options to Miami's most underserved communities. Chair Gort: Thank you. Commissioner Suarez: Can I -- Chair Gort: Next. Commissioner Suarez: -- just say one thing real quick, Mr. Chairman? Chair Gort: Yes. Commissioner Suarez: Thank you. I don't know if you have a sponsor for that. You may have someone who you've thought of to help you work through that, the Miami 21 revision. I'd love to help you if no one else has, you know -- Ms. Healy: Yes. We have been in touch with the Planning and Zoning Department, Mr. Min, but Commissioner Suarez: Sure. Ms. Healy: -- by all means, we're open to working with anyone and everyone that would be interested. Chair Gort: You got a pro bono lawyer there. Ms. Healy: I also just wanted to point out one last benefit of farmer's markets. So there's the health benefits, but there are also economic benefits to farmer's markets. What's called the City ofMiami Page 167 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 multiplier effect. There have been studies done in other states that show for every dollar spent at a farmer's markets, at least 60 cents of that dollar has been spent at a local store, so it's actually giving back to the local community and keeping the money within Miami and Miami -Dade County as well. Chair Gort: Thank you. Anyone else? Anamarie Garces: Hi. I'm Anamarie Garces with Urban House Solutions. Many of you have heard from numerous constituencies concerning the food access issue in the City ofMiami, and as you have this ordinance in front of you, we'd like for you to support it because it is the first step in working together to try to build an environment that allows all residents in the City of Miami to access affordable healthy foods. The next steps -- and as we -- as Erin eluded to, the comprehensive or rewriting of an ordinance within Miami 21, that's where we want the Commission and all of you to listen and to take a lead and to champion. We want you to send a message to your residents that you will not allow or you will not tolerate an inequitable, an unjust, or an unsustainable food environment, and that food deserts won't be permitted in your community. This is going to not only allow food deserts to disappear over time, but allow us to reverse those health trends. Right now I'm looking at City of Miami and some of your marginalized communities and the negative or unhealthy trends. If we can start here and continue to move forward and improve our urban agriculture, we could reverse those trends to benefit the overall community. Thank you. Chair Gort: Thank you. Yes, sir. Roger Horne: Hi. Good afternoon. My name is Roger Horne from Urban GreenWorks. In conclusion, I'd just like to say that this program is for all of the residents of the City ofMiami who wants access to quality, healthy, local food. We hope that this ordinance will allow for further education, community outreach, and engagement as we work towards a food justice and food security model for the City of Miami so that way Miami can be leaders in the state of South Florida. This program or this policy directive addresses the need for healthy nutrition, education, awareness, and access at the public health level. This is a vital step forward in protecting, promoting, and preserving the health of the residents of the City of Miami. Thank you very much. Chair Gort: Thank you. Anyone else? Close the public hearings [sic]. Questions. Commissioner Sarnoff.. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff.. Mr. Manager, at Section (b), under definitions, it says the use of EBT (Electronic Benefits Transfer)/SNAP (Supplemental Nutrition Assistance Program) Benefits at a farmer's market is encouraged. What is EBT and SNAP Benefits? Mr. Min: It's basically the electronic form offood stamps. Commissioner Spence -Jones: Huh? Mr. Min: The electronic form offood stamps. Commissioner Sarnoff.. So EBT stands for -- no, no. Commissioner Suarez: Electronic Benefits Transfer. Commissioner Sarnoff.. And SNAP stands for? City ofMiami Page 168 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Mr. Min: But the reason that's encouraged is as you've heard from the public, Commissioner, there are many food deserts, if you will, within urban communities. And, you know, if you look at District 5 especially, there are a lot of urban areas where the residents don't have access to healthy food and unfortunately it's at lower income areas. And so because they do have EBT access, we encourage these food -- farmer's markets be in those type of areas. Commissioner Sarnoff. But there's no encouragement, correct, other than I guess the EBTs, to put them in these urban areas, right? We're not doing anything to encourage it. Mr. Min: We're not -- with the legislation, there's no proactive -- Commissioner Sarnoff. Right. Mr. Min: -- encouragement. Obviously -- Commissioner Sarnoff. It's just an even playing field across the City. Mr. Min: Right now it is, yes. Commissioner Sarnoff. Okay. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: And this is first reading, correct? Mr. Min: That is correct. Vice Chair Carollo: Okay, I move it on first reading. Commissioner Suarez: Second. Chair Gort: It's been moved by Vice Chairman Carollo, second by Commissioner Suarez. Any further discussion? Read it. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Ms. Thompson: Your roll call on the first reading ordinance. Commissioner Spence -Jones? Commissioner Spence -Jones: Yes, on first reading. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff. Yes. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: Yes, on first reading. City ofMiami Page 169 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 D1.1 11-01026 D2.1 11-01024 Ms. Thompson: Chair Gort? Chair Gort: Yes, first reading. Ms. Thompson: The ordinance has been passed on first reading, 5-0. Mr. Min: Thank you. END OF CITYWIDE ITEMS DISTRICT 1 CHAIRMAN WIFREDO (WILLY) GORT RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CODESIGNATING NORTHWEST 28TH STREET FROM NORTHWEST 7TH AVENUE TO NORTHWEST 12TH AVENUE, MIAMI, FLORIDA, AS "BETH LANG WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 11-01026 Letter of Request - Codesignating Beth Lang Way.pdf 11-01026 Legislation.pdf 11-01026 Exhibit 1.pdf SPONSOR: HONORABLE MAYOR TOMAS REGALADO Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF DISCUSSION ITEM DISCUSSION ON FOLLOW UP STATUS ON THE POLICE HIRING'S. 11-01024 Email - Status on Police Hiring's.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones D2.2 DISCUSSION ITEM City ofMiami Page 170 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 11-01070 D4.1 11-01044 NA.1 11-01120 INSURANCE RATES FOR RESIDENTS WHO RESIDE IN JURISDICTIONS THAT HAVE RED LIGHT CAMERAS. 11-01070 Email - Insurance Rates for Residents.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING SPECIAL ASSESSMENT EXPOSURE/COLLECTIONS. 11-01044 Email - Special Assessment Exposure-Collections.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES END OF DISTRICT 5 NON AGENDA ITEMS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: " FISCAL YEAR 2011 COPS HIRING PROGRAM," CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS), IN THE AMOUNT OF $5,786,825, TO PROVIDE FUNDING FOR THE REHIRING OF POLICE OFFICERS; AUTHORIZING THE CITY MANAGER TO City ofMiami Page 171 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANTAWARD. 11-01120-Memo-City Manager.pdf 11-01120-Agenda Item Summary.pdf 11-01120-Draft Legislation.pdf 11-01120-Back Up Documents.pdf 11-01120-Exhi bit. 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-11-0480 Chair Gort: I have the pocket item which is a resolution -- you want to read it, the police -- the grant, time sensitive. Manuel Orosa: Good night, Commissioner. Manny Orosa, interim Chief of Police. Chair Gort: This is my pocket item. Commissioner Spence -Jones: So are we back on the regular agenda? Chair Gort: Yes, we're on the -- back on the regular agenda. My understanding is that it was the -- a pocket item for a police grant, which is time sensitive. Interim Chief Orosa: Found it. Chair Gort: Yes, sir. Interim Chief Orosa: Commissioner, this is a -- the second of the COPS (Community Oriented Policing Services) grant that has been awarded to the Police Department. Basically, it's in the amount of $5, 786, 825, and that's basically right now for retention. We're going to ask the DOJ (Department of Justice) to change it to hires. And basically, we've changed it once before and we believe they're going to approve it again. It's a no match and it's basically free money for two years and then the third we pick it up, and by that time we think we'll have enough -- Chair Gort: How many police officers you're going to be hiring with this grant? Interim Chief Orosa: Fifty. Chair Gort: Fifty. Johnny Martinez (City Manager): No, no. With this one, 25. Interim Chief Orosa: No, 25. The original one was 50; this one's 25 because they cut the money in half. Mr. Martinez: Right. Chair Gort: Okay. So you'll be able to hire 25 officers for two years and the grant will pay for two years. We picked up the tab the third year. Interim Chief Orosa: Pick up the third. Correct. City ofMiami Page 172 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 Chair Gort: Okay. Is there any questions? Any questions? Commissioner Spence -Jones: No. Vice Chair Carollo: Move. Chair Gort: Do I have a motion? Commissioner Spence -Jones: Second. Chair Gort: Moved by Vice Chairman Carollo, second by Commissioner Spence -Jones. All in favor, state it by saying iiye. " The Commission (Collectively): Aye. Chair Gort: Thank you. Interim Chief Orosa: Thank you, sir. Commissioner Spence -Jones: I -- can I just ask the Chief a quick question? Chair Gort: Sure. Commissioner Spence -Jones: I know that -- or at least I saw on the news that we're now addressing this issue of the shootings, correct? Interim Chief Orosa: DOJ, yes, ma'am. Commissioner Spence -Jones: All right. So I'm assuming that you guys -- we're moving in the -- are we going to get some sort of update on what's actually -- we heard about it on -- I heard about it on the news, so we're going to hear about it -- I guess you're going to bring us a briefing on it later on? Mr. Martinez: Yeah. And they said they were going to give us real-time updates as they progress through the investigation on practices concerning civil rights. Interim Chief Orosa: If you want, I can give you a briefing right now, a quick briefing right now. Commissioner Spence -Jones: No, I don't think they want a briefing. Chair Gort: No, no. Commissioner Spence -Jones: But if you -- the next -- I would like it at the next City Commission meeting. If we -- Interim Chief Orosa: Sure. Commissioner Spence -Jones: -- could put that on the agenda -- Interim Chief Orosa: Absolutely. Commissioner Spence -Jones: -- just so we know how to respond to it when we get calls. City ofMiami Page 173 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 NA.2 11-01144 NA.3 11-01146 Interim Chief Orosa: Okay, perfect. Commissioner Spence -Jones: All right. Thank you so much. Mr. Martinez: And l just want to say something, procedures and practices. It's not a criminal investigation. Commissioner Spence -Jones: Okay. Chair Gort: That's my understanding. Okay. DISCUSSION ITEM DISCUSSION BY CHAIR GORT REGARDING MONTHLY FINANCIAL REPORTS AND PERFORMANCE REPORTS BY DEPARTMENT. DISCUSSED Chair Gort: I have a couple of pocket items I'd like to take care of please. Two of them I addressed. It's only one of them about the -- I have a request -- and we don't have time to do that -- every board meeting, every Commission meeting that we get a report every month of the financials, where we're at. At the same time, performance -- departments performance. DISCUSSION ITEM DISCUSSION BY CHAIR GORT REGARDING MIAMI-DADE COUNTY'S COMPLIANCE WITH THE REQUIREMENTS SET FORTH BY THE CITY OF MIAMI FOR THE USE OF CITY OWNED PROPERTIES. DISCUSSED Chair Gort: The second one is -- one of the things we're looking at the other day is the amount of property that the City ofMiami gave to Miami -Dade County, and they have certain restrictions. And if they don't -- not complying with those restrictions, that property can come back to the City ofMiami. I've already received some information from Public --from the -- it's kind of late -- what is it, Public Facilities, and it's quite a few lands that we might be able to get back and that'll give us leverage to deal with the County. All right. Commissioner Sarnoff. Go with the water -- well, one of them is on LeJeune. It's the water -- Chair Gort: Right, yes. Commissioner Sarnoff. Right. Nice place. Good park. NA.4 DISCUSSION ITEM 11-01148 DISCUSSION BY CHAIR GORT REGARDING WAYS TO BUILD RELATIONSHIPS WITH THE RIGHT DEPARTMENTS IN MIAMI-DADE COUNTY TO EXPEDITE THE DEMOLITION OF UNSAFE STRUCTURES AND SHORTENING THE PERIOD OF TIME BETWEEN MAINTENANCE OF VACANT LOTS. DISCUSSED Chair Gort: The other one is the -- establish the right relationship with the different department City ofMiami Page 174 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 NA.5 11-01149 for the unsafe structure can be knocked as speedy as possible. At the same time, vacant lots, they need to be cut at least once a month, not every six month or once a year. I'm getting a lot of complaints on that. Commissioner Sarnoff. It's height. They do it by height, right? They do it by -- are you allowed 12 -- isn't it 12 --? Chair Gort: No, they do it by the year. Commissioner Sarnoff. It's supposed to be by height, though. The code calls for a height. Chair Gort: Right, but they get a lot higher than that. Sergio Guadix (Director, Code Enforcement): The code does say that they have to be one foot high. That's the criteria. Chair Gort: It's kind of late, but who are you? Mr. Guadix: I'm sorry. Sergio Guadix from Code Enforcement. Chair Gort: Okay, good. Thanks. Mr. Guadix: And that's what the code says. Now once we get to -- we either get a complaint or we actually see a lot that's overgrown, it's about a three-week period to actually get it cut. And we can work on bringing it down to, you know, possibly two weeks before we get it cut. Chair Gort: No. But Sergio, we have a lot of property that we go on and we cut the grass and then we don't go back for another six month or a year and that's where I get the complaints. Mr. Guadix: Right. Chair Gort: And we got to find a way so we can maintain those because that really deteriorate the neighborhoods. Mr. Guadix: We'll work on that, definitely. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING, PURSUANT TO SECTION 62-521(B) (4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE TEMPORARY EVENT TWO (2) EVENT LIMITATION PER PROPERTY TO ALLOW ABC PROMOTIONS UNLIMITED TO SELL CHRISTMAS TREES AND SPARKLERS AT THE PROPERTY LOCATED AT 3701 NW 7 STREET, MIAMI, FLORIDA, BEGINNING NOVEMBER 20, 2011 AND ENDING JANUARY 1, 2012. 11-01149-Submittal-Draft Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0481 Chair Gort: Okay, then my real pocket item was the -- a resolution. You all have it, I think, City ofMiami Page 175 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 about the -- resolution about the trees. The -- Commissioner Spence -Jones: Christmas trees. Chair Gort: -- Christmas tree sale. You're going to read it or --? Barnaby Min: Just to clam, Barnaby Min, Zoning administrator. It's a resolution to waive the time frames for a temporary event at 3701 Northwest 7th Street. Commissioner Suarez: Move it. Commissioner Spence -Jones: Second. Vice Chair Carollo: Second. Chair Gort: Been moved and -- Commissioner Sarnoff. Wait. Does this have anything to do with the Three Kings? Just kidding. Chair Gort: Okay, all in favor -- any further discussion? Commissioner Suarez: No. Vice Chair Carollo: Oh, you want that -- those speakers to go -- Commissioner Sarnoff. Exactly. I want to hear the crackling. I (UNINTELLIGIBLE). Vice Chair Carollo: You want to bring that bad omen again, huh? Chair Gort: All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. (UNTELLIGIBLE) 10:36: 03. Motion to adjourn. NA.6 EXECUTIVE SESSION 11-01140 Office of the City UNDER F.S. §286.011(8), F.S. [2011], THE PERSON CHAIRING THE CITY OF Attorney MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, TO DISCUSS THE PENDING CONSOLIDATED LITIGATION CASES OF: STEVEN K. SCHWARTZ, ETC. V. THE CITY OF MIAMI, ET AL., CASE NO. 07-44810 CA 08, AND SAMMY BROWN, ET AL. V. CITY OF MIAMI, ET AL., CASE NO. 08-80065 CA 08, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY IS A PARTY. THIS SESSION WILL BEGIN AT APPROXIMATELY 2:00 P.M. (OR AS SOON AFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER AND THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN WIFREDO GORT, MARC SARNOFF, FRANCIS SUAREZ, FRANK CAROLLO, AND MICHELLE SPENCE-JONES; THE CITY MANAGER, JOHNNY MARTINEZ; THE CITY ATTORNEY, JULIE O. BRU; DEPUTY CITY ATTORNEY, WARREN BITTNER, AND ASSISTANT CITY ATTORNEY HENRY J. HUNNEFELD. A CERTIFIED COURT REPORTER City ofMiami Page 176 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 WILL BE PRESENT TO TRANSCRIBE THE SESSION AND THE TRANSCRIPT WILL BE MADE PUBLIC AT 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. 11-01140 Memo - Office of the City Attorney.pdf DISCUSSED Julie O. Bru (City Attorney): Wait, wait, wait, Mr. Chair. Before you adjourn -- Chair Gort: Wait. Now what? Ms. Bru: Okay. I have a request for an executive session that have to ask for on the record. This will be pursuant to Section 286.0118 of the Florida statutes. I'm requesting it for the next City Commission meeting of December 15, 2011, an attorney -client session, closed to the public, for purposes of discussing the pending litigation in the case of Stephen K. Schwartz versus City ofMiami, et al., and Sammy Brown, et al. versus the City ofMiami. These are both pending in the Circuit Court of the Eleventh Judicial Circuit. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. This is the Polish -American shooting case. Chair Gort: Okay. Ms. Bru: And these are the individuals that were -- Commissioner Spence -Jones: What day again? What day is it going to be on? Ms. Bru: December 15, 2011. Commissioner Suarez: Time? Is there a time? Chair Gort: Right after lunch. Ms. Bru: Right after lunch is when we usually do them. Commissioner Suarez: 2 p.m. Ms. Bru: Okay. Commissioner Spence -Jones: Did we address all the PZ (Planning & Zoning) items? Ms. Bru: Madam City Clerk, I'm going to change the request then. It'll be for December 8. Ms. Thompson: At 2 p.m. So we will have to -- it's going to require a new notice because we are -- the CD (Community Development) is a special hearing that's already -- I'm sorry, a special Commission meeting that's already been noticed with the subject. So now you're asking for a second special meeting for your executive session, which we will notice again with that information on -- City ofMiami Page 177 Printed on 12/8/2011 City Commission Meeting Minutes November 17, 2011 ADJOURNMENT Chair Gort: Be an additional expense? Commissioner Suarez: Yeah. Vice Chair Carollo: Yes, it's going to be -- Chair Gort: (UNINTET,TIGIBT,F). Vice Chair Carollo: Yeah. It's for the 15th. By the way, we still have to do PZ. We have to close out PZ, I think. Ms. Thompson: I'm sorry. I just want to make sure, because we're leaving the executive section [sic] on the 15th, correct? Chair Gort: Yes. Ms. Thompson: Thank you. The meeting was adjourned at 10: 39 p.m. City ofMiami Page 178 Printed on 12/8/2011