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HomeMy WebLinkAboutCC 2012-03-08 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, March 8, 2012 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Francis Suarez, Chairman Marc David Sarnoff, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Frank Carollo, Commissioner District Three Michelle Spence -Jones, Commissioner District Five Johnny Martinez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes March 8, 2012 CONTENTS Present: Commissioner Gort, Vice Chair Samoff, Commissioner Carollo, Chair Suarez and Commissioner Spence -Jones PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE On the 8th day of March 2012, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Suarez at 9:00 a.m., recessed at 11:51 a.m, reconvened at 2:00 p.m., and adjourned at 6: 35 p.m. Note for the Record: Vice Chair Sarnoff entered the Commission chambers at 9:01 a.m. and Commissioner Carollo entered the Commission chambers at 9: 09 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Priscilla A. Thompson, CMC, City Clerk Chair Suarez: Let's keep our streak of starting on time going. And I want to thank Commissioner Spence -Jones and Commissioner Gort. And I know that Commissioner Sarnoff will be here shortly and Commissioner Carollo also. Welcome to the March 8, 2012 meeting of the City of Miami Commission in these historic chambers. The members of the City Commission are Marc David Sarnoff, Vice Chair, Frank Carollo, Michelle Spence -Jones, Wifredo Gort, and myself, Francis Suarez, the Chairman. Also on the dais are Johnny Martinez, the City Manager, Julie O. Bru, the City Attorney, and Priscilla A. Thompson, the City Clerk. The meeting will be opened with a prayer by Commissioner Spence -Jones and the pledge of allegiance by Commissioner Gort. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 12-00243 PRESENTATION Honoree Presenter Protocol Item Jose E. DeHombre Mayor Regalado Certificate of Retirement Miami Police & Dispatchers Commendations Betty Petit-Phar Dawn Budham Ofc. Norbert Melendres Ofc. Edward Abboud Miami Police Department Commissioner Carollo Sgt. Alberto Pacheco Det. Mario Rodriguez Det. Suberto Hernandez Det. Rossicia Allen Det. Luis Camacho Det. Alfredo Matias Det. Luis Valdes Commendations City of Miami Page 3 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Det. Gary Sampson Det. Elijah Taylor Jose R. Mas Carnival Planning Group Tracy R. Lozama Rosenny Augustine Joann Milord David Brown June Arias Philip Rincon Ragasten Paul Garry Lafaille 12-00243 Protocol Item.pdf PRESENTED Chairman Suarez Salute Commissioner Certificates of Spence -Jones Appreciation 1) Mayor Regalado presented a Certificate of Retirement to Officer Jose De Hombre, Little Havana's El Papa,"in honor of his twenty-nine years of conscientious work and superior performance during a successful career as a Peace Officer of the Miami Police Department; further honoring his inspiring leadership and exemplary service to the Little Havana Community and residents of the City of Miami. 2) Mayor Regalado honored Luis Pla, Little Havana Neighborhood Resource Officer, for his dedication to the residents of the City of Miami for the past twenty years; further thanking him for his service to the citizens of the United States as he embarks on a thirteen month tour of duty to Afghanistan and wishing him a safe journey and return home. 3) Mayor Regalado presented a Certificates of Outstanding Service to the following members of the City of Miami Police Department for their service during critical medical emergencies in the City of Miami as well as applauding their professionalism and calm demeanor during a serious life -threatening event in February: Officer Edward Abboud; Officer Norbert Melendres; Dawn Budham, Emergency Dispatcher Supervisor; and Betty Petit -Phan, Emergency Dispatcher Assistant. 4) Commissioner Spence -Jones presented Special Certificates of Appreciation to the members of the Carnival Planning Committee honoring their support of Carnival Comes to Little Haiti,"the Pre -Grand Opening Celebration and Street Festival at Caribbean Marketplace in Historic Lemon City for their contributions to an event of creative and cultural significance to the exciting renaissance of Miami's dynamic Arts District. Chair Suarez: We will now make our presentations and proclamations, and I begin by recognizing Commissioner Spence -Jones. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, to APPROVE PASSED by the following vote. City of Miami Page 4 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo MAYORAL VETOES Chair Suarez: We will now proceed with the approval of the minutes from the regular Commission meeting of February 9, 2012. Is there a motion? Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner Spence -Jones. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. Any discussion? All in favor, signifir by saying "aye. The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Suarez: Madam Clerk, are there any mayoral vetoes to report at this time? Priscilla A. Thompson (City Clerk): No, Chair, there are no vetoes. Chair Suarez: Thank you. ORDER OF THE DAY Chair Suarez: We will now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Julie O. Bru (City Attorney): Good morning, Mr. Chair, members of the City Commission, Mr. Manager, Madam City Clerk, Mr. Mayor -- I'm sorry; I think I might have said Mr. Mayor to you also, Mr. Chair. Chair Suarez: It's okay. Ms. Bru: -- and members of the public. Please note that any person who's a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and online at ww.miamigov.com [sic]. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. No cell phones or other noise -making devices. Pease silence them now. If anybody becomes unruly, you'll be barred from attending any further Commission meetings. Please, anyone who has a disability or requires auxiliary aids, contact the City Clerk. And the lunch recess is scheduled to begin at the conclusion of deliberations of the item that's being considered at noon, unless the Chairman indicates otherwise. Thank you, Mr. Chair. Chair Suarez: Thank you, Madam Chairman [sic]. City of Miami Page 5 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 [Later...] Chair Suarez: We'll proceed with the order of the day. Does any Commissioner wish to continue, defer, or withdraw any item from the regular agenda or the consent agenda? Commissioner Spence -Jones: I know, Mr. Manager, you're going to -- I know there are some items -- Johnny Martinez (City Manager): (UNINTELLIGIBLE). Commissioner Spence -Jones: I -- but I thought you were going to defer them. So you want to do them? Chair Suarez: Do you want me to start with the Administration? Commissioner Spence -Jones: Yeah. I -- Chair Suarez: Okay. Mr. Manager, does the Administration have any items? Mr. Martinez: Yes. From the regular agenda, SR.5, to continue to April 12. Commissioner Gort: Wait. What was that again? Chair Suarez: SR.5. Mr. Martinez: SR.5. Commissioner Gort: F -- Mr. Martinez: Continue to April 12. Chair Suarez: SR.5. Commissioner Gort: SR.5. Chair Suarez: Second Reading 5. Mr. Martinez: Right. FR.1, continue to April 12, and DL4, defer to March 22. Commissioner Spence -Jones: One second. FR.1 -- Chair Suarez: Is there a motion? Commissioner Spence -Jones: Wait. I just want to just double ver. Commissioner Carollo: Give me a second. Chair Suarez: Yeah. You want me to re -- have him repeat the items? Commissioner Carollo: No. It's FR.1 and DI.4, but hold on. Chair Suarez: SR (Second Reading) -- Commissioner Spence -Jones: FR (First Reading) -- City of Miami Page 6 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: -- it's SR.5 -- Commissioner Spence -Jones: SR.5, yes. Chair Suarez: -- FR.1. What are the other ones, Mr. Manager? Commissioner Spence -Jones: Yes. Mr. Martinez: DI. 4, the PACE (Property Assessed Clean Energy) item. Chair Suarez: DI. 4, okay. Priscilla A. Thompson (City Clerk): Chair, ifI might ask. Chair Suarez: Yes. Ms. Thompson: Can we get everyone's deferrals, continuances, and have one motion, one vote? Chair Suarez: Yes. Ms. Thompson: Thank you. Chair Suarez: We'll -- I'll -- you know, once they're -- we're done with the Administration, I'll come back to the Commission. Ms. Thompson: Okay. Chair Suarez: Kind of -- right. So is that -- is everyone on the same page? SR.5, FR.1, and DI.4, right? Commissioner Spence -Jones: DI.4, one second. Let me just double check. Yeah, and I also -- I asked the Manager for DI.2 -- Ms. Thompson: I'm sorry. Commissioner Spence -Jones: -- and DI.3. Ms. Thompson: I'm sorry. Chair Suarez: Wait, wait, wait. Ms. Thompson: Commissioner, your microphone. Commissioner Spence -Jones: I asked for -- I asked -- Ms. Thompson: Thank you. Commissioner Spence -Jones: -- the Manager for DI (Discussion Item) -- Mr. Martinez: DI.2 -- Commissioner Spence -Jones: -- andDL3. Mr. Martinez: -- andDL3 (UNINTELLIGIBLE). City of Miami Page 7 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Spence -Jones: Okay, just want to make sure. Chair Suarez: Okay, so it will also be DI.2 and DI.3 that will be continued -- Commissioner Spence -Jones: Yes. Ms. Thompson: Is it --? Chair Suarez: -- or deferred? Ms. Thompson: That's what we need to know. Can we find out if it's --? Chair Suarez: What are the dates on DI.2 and DL 3, Mr. Manager? Mr. Martinez: Defer to March 22. Chair Suarez: March 22. Ms. Thompson: Thank you. Chair Suarez: Any further comments, questions, additions, subtractions? Commissioner Carollo: Yes. Mr. Chairman. Chair Suarez: You're recognized. Commissioner Carollo: Thank you. It's not a deferral. I just want to be able to table RE.5 till after lunch. Chair Suarez: RE.5, let me just note it. Commissioner Carollo: Yeah. Chair Suarez: But I have no issue with that, of course. Commissioner Carollo: And we don't need a motion for it, but I just want to -- Chair Suarez: No. Commissioner Carollo: -- since we're -- Chair Suarez: To put it on the record. Commissioner Carollo: -- discussing this, I just want to mention that. Chair Suarez: Perfect. Thank you. So we'll do that. We'll take that up after lunch. So the motion is to defer SR.5, FR.1, if there will be a motion, DI.2, DI.3, and DI.4. Does someone make that motion? Commissioner Gort: Move it. Commissioner Carollo: So move. Chair Suarez: Moved by Commissioner Carollo, second by Commissioner Gort. Any further City of Miami Page 8 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 discussion? Commissioner Carollo: Yes, Mr. Chairman. Chair Suarez: Yes, you're recognized. Commissioner Carollo: I just want to ver fy the deferrals on each one -- Chair Suarez: Yes. Commissioner Carollo: -- until when will it be? Chair Suarez: Can -- Madam Clerk, can you -- Commissioner Carollo: In other words, SR.5 -- Chair Suarez: Yeah. Commissioner Carollo: -- FR.1. Chair Suarez: Can you read out the dates for each deferral? Ms. Thompson: Yes. According to my notes here, SR.5 is continued to April 12. FR.1 continued to April 12. DI.2, 3, and 4 are all deferred to March 22. Commissioner Spence -Jones: Yes. Chair Suarez: Sounds good. Okay, there's a motion and a second. Any further discussion? Hearing none, all in favor, signify by saying "aye." The Commission (Collectively): Aye. City of Miami Page 9 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 9:00 A.M. PH.1 11-01203 Department of Community Development PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $670,000, FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT RESERVE ACCOUNT TO THE CITY OF MIAMI DEPARTMENT OF CODE ENFORCEMENT, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO CONDUCT CODE ENFORCEMENT ACTIVITIES IN THE ELIGIBLE TARGETAREAS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. 11-01203 Summary Form.pdf 11-01203 Notice to the Public.pdf 11-01203 Map of CDBG Eligible Areas.pdf 11-01203 Budget Comprising of Staff.pdf 11-01203 Violations from Staff 2010 & 2011 - 02/23/12.pdf 11-01203 Legislation.pdf 11-01203 Exhibit 1.pdf Motion by Commissioner 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-12-0068 Chair Suarez: PH.1. George Mensah (Director, Community Development): Good morning, Commissioners. Commissioner Spence -Jones: Good morning. Mr. Mensah: George Mensah, director of Community Development. PH.1 is a resolution authorizing the transfer of Community Development Grant funds, in the amount of $670, 000, for the City of Miami economic development reserve account; allocating said funds to the City of Miami Department of Code Enforcement to conduct code enforcement activities in eligible target areas. Chair Suarez: Thank you, Mr. Mensah. This is a public hearing item; opening up it for the public hearing. Mr. Cruz, you're recognized for the record. Mariano Cruz: Yes. Mariano Cruz. I am corning here as ABDA (Allapattah Business Development Authority), 2634 Northwest 21 Terrace. I am the Chairman of ABDA, Allapattah Business Development Authority. I know this isn't a way -- an exercise of futility 'cause all of these projects already -- the cake already have been already -- the ingredients inside and bake everything; just ready for it to be approved. But I question the monies of Community Development going to something that should be fund by the general fund. Why don't you -- we City of Miami Page 10 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 put ABDA and all these in the general fund, like the Liberty City Trust, like the Virginia Key Beach, like the park and different things in the general fund, 'cause Allapattah contributes a lot of tax money to the City, a lot of tax. I talked to one businessman on 7 and 29 and he showed me his tax bill; just to the City, over $10,000. Come on, we contribute a lot of money. And the money of Community Development should be used mostly for economic development, not even for social services. But then you go here and go to MRC (Miami Riverside Center), the second floor, Administration, 20 percent (UNINTELLIGIBLE). Now almost $700, 000 for the Code Enforcement. Why don't they use the money from the general fund for Code Enforcement that it should be and leave the money, Community Development, where it should be, for community development, for jobs. Here in Allapattah we got a lot of places that don't always (UNINTELLIGIBLE) -- they're the one that are down to a skeletal people 'cause they have to lay off people. No business. And we -- and I know because I am on the street. I am not in the MRC looking at the boats or here looking at the boats in Dinner Key. No, I am in the street. I talk to businessmen every day and they told me that the situation is really bad. And now the money for economic development is going to the general fund. Okay, we like to be funded through the general fund too. Are we different like Liberty City Trust or to the Virginia Key Beach? No. We should be the general fund, okay. Let's do it. Let's trade it, okay. Let's give -- the economic development, that should go to Allapattah. Give that money to whatever it is and then leave -- give us money from the general fund 'cause the Liberty City Trust get the money. And the other day, they got the budget seven months later that they were supposed to have, seven months later. Supposed to be in September and the other day they present the budget. Ah, come on. Don't tell me about -- I don't want to be treated better or worse; parity, equality. Treat me the same 'cause it's taxation and representation. But anyway, I think this is in a way an exercise in futility 'cause everything already they have here they talking about the employees. No. You should worry about the residents of the City of Miami, taxpayers or not, 'cause I don't pay taxes, but I pay solid waste fee. I am retired. I consume something in Allapattah and paying taxes, okay. So everybody know there's nothing more certain than death and taxes. As a matter -- Mr. Sarnoff, I am reading a Tale of Two Cities too. Chair Suarez: Thank you, Mr. Cruz. Mr. Cruz: Okay, thank you. Bye. Chair Suarez: Any other member from the public wishing to discuss PH.1 ? Any member from the public wishing to discuss PH.1 ? Seeing none, hearing none, the public hearing on PH.1 is closed; coming back to this Commission. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you. I move it for discussion. Chair Suarez: It's been -- Commissioner Spence -Jones: Second. Chair Suarez: -- moved for discussion. Second by Commissioner Spence -Jones. Commissioner Carollo, you're recognized for the record. Commissioner Carollo: Thank you, Mr. Chairman. This is an issue that, for some time now, I've been asking for information, because what Mr. Cruz said is right on target. I mean, the most important individuals or people are our residents of the City of Miami. And in order for us to make prudent decisions, we need information. And when I receive information, I just don't put it aside and forget about it. Or when I request information and it's not given to me, I don't just City of Miami Page 11 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 forget about it, you know. When I ask for information, it's for a reason. With the information that we have gathered, that we have received thus far, I've been able to substantiate, and I spoke to the Manager about it. One of my main issues, and that's that we were not being focused on the main concerns of the citizens. Now, Mr. Manager -- you know, I'll yield to you -- you know, we had a good discussion. I showed you yesterday exactly from the information that we received substantial information regarding exactly what I was saying about the focus of our citizens. At the same time, you know, two, three -- I don't know how many Commission meetings ago, I showed all those pictures, you know, which is a key focus in Little Havana, I mean all the illegal dumping. With that said, I don't know how much discussion you want to have on it, Mr. Manager, or not. I'm here willing to discuss it, but I need to make sure that the Administration knows that we need to refocus our energies, especially with Code Enforcement, on our citizens, you know, which really affecting them, all those illegal dumpings, instead of some of the minor stuff that we both looked at each other and kind of, you know, laughed because, you know, that is not the important issues to our residents. Johnny Martinez (City Manager): I agree with you. With our limited resources and funds, we should be focusing on high priority, big -ticket items. And when all of that gets done, and then we can focus on -- I don't want to say petty -- the less important community detrimental items, but focus on illegal dumpings and high priority things that damage the quality of life for -- of our neighborhoods. Commissioner Carollo: Exactly, and that's been my point all along, but in order for us to be able to really substantiate and see if we are correct or if not, we needed valid information, and that's all that I've been trying to do. Because, yes, I do put up a fight with our residents, especially when I hear from them and they're telling me, Commissioner, go any time in the district. Look, there's illegal dumping here, there's illegal dumping there. And we've been out there. We took the pictures. We actually saved some additional pictures that we're not going to show today, but we could have shown, and I kind of wanted to be courteous to my colleagues who have been here for at least an hour. Thank you. Chair Suarez: Thank you, Commissioner. Commissioner Gort. Commissioner Gort: You know, illegal dumping is a problem that we've been having in this city for a long, long time. And I think a lot of times I've been meeting with the different groups. I think we need to bring all the different departments together, which I think they're finally working on a plan on how to exercise it and work as a team all those involved with it. I think one of the major problems we have, we pick up too much trash. I think people know that the trash gets picked up on Thursday in my neighborhood. Some other neighborhoods they get picked up on Tuesday. Next day, people already dumping trash. I mean, this is something that we've been trying to fight for a long time. We've been working. I think that finally the Administration's putting their team together. I sat down with the team. I made some suggestions to them, some changes that should be made. And also, we need to look at the -- people need to come and tell us -- a lot of times the neighbors are the one that doing the illegal dumping, but nobody want to come forward and say my neighborhood did it or someone did it. They call you and they pick up. I think you're right, but I think it's (UNINTELLIGIBLE) to understand also that some of the funds that we have are utilized in the neighborhood where they're qualified to be used. And I would like to, Mr. -- George, later on, do you -- specify the different funding, how they can be used, and the destination where they should go so people will have a better understanding how the CDBG (Community Development Block Grant) funds are utilized. But I think you're right, we need to bring the teams together and people have to work in team. Chair Suarez: Thank you, Commissioner. Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. Thank you, Mr. Chairman. Just two little things that were put on the record that I think are extremely important to clear up. City of Miami Page 12 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Carollo: Thank you. Commissioner Spence -Jones: One, which came from the public. Every time we have these meetings, things are said on the mike and, you know, if we don't clear them up, then people walk away thinking it's truth. So I just want to clear up two things, and I want to be clear with my Budget director. Comment was made by public that Liberty City Trust, along with Virginia Key Beach Trust, received money from the general fund. I just want my Budget director to put it on the record because that was -- that's a false statement. So I want to just be clear on that before I make my points. Daniel Alfonso: Daniel Alfonso, Budget director, City of Miami. The Virginia Key Trust and the Liberty City Trust do not receive general fund monies for fiscal year '11/'12. Commissioner Spence -Jones: Okay, I just needed to -- I thought it was important to communicate that 'cause we can't -- we just can't allow for stuff to be said that's not truth. The other thing that 1 want to say -- I'm just glad that we're resolving this issue today. I really do feel that the situation got a little out of hand and it was a little ugly. And I just think it's always important -- and I understand my colleague's point, is that we do want the information, we want the right information, but we got to figure out a way to do it without hurting people and that was my concern. It didn't make any sense for us to have this major disagreement between the Commission and staff. So I just want to -- I hope and pray that as we move forward, that we find a better way to resolve this with -- 'cause I hate to see us getting to the point where there's a -- this kind of disagreement. So at this point, I don't want to say anything else about it. I'm just glad that we're resolving it today because I don't want us to have any issues with HUD (Department of Housing and Urban Development) or any issues with our budget on this issue. So I believe, Mr. Chairman, we had a motion and a second on the item already, correct? Commissioner Gort: Yes. Commissioner Spence -Jones: Okay. Chair Suarez: Yes, Commissioner. Commissioner Spence -Jones: So I think we're -- at this point we're ready to take a vote. Chair Suarez: Any further discussion from any other members of the board? Hearing none, all in favor, signify by saying aye." The Commission (Collectively): Aye. PH.2 RESOLUTION 12-00138 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, Community APPROVING THE ALLOCATION FOR PROGRAM YEAR 2012-2013 Development HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FUNDS, IN THE AMOUNT OF $12,163,466, AS SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, TO PROVIDE HOUSING ASSISTANCE AND HOUSING RELATED SERVICES TO LOW-INCOME INDIVIDUALS LIVING WITH HIV/AIDS; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City of Miami Page 13 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 12-00138 Summary Form.pdf 12-00138 Notice to the Public.pdf 12-00138 Legislation.pdf 12-00138 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort Note for the Record: Item PH.2 was deferred to the Commission Meeting scheduled for March 22, 2012. Chair Suarez: PH.2. George Mensah (Director, Community Development): PH.2 is approving the allocation of program year 2012/2013, HOPWA (Housing Opportunities for Persons Living with AIDS) funds, in an amount of $12,163, 466, and the attachment was provided in your -- we have to come back because there was a reduction in the amount which exceeded $258, 000 and that requires a new public hearing. Chair Suarez: Thank you. This is a public hearing item. Anyone from the public would like to discuss PH.2? Anyone from the public on PH.2. Hearing none, seeing none, the public hearing on PH.2 is closed; coming back to this Commission. Is there a motion? Commissioner Gort: Move it. Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner Gort, second by Commissioner Spence -Jones. Any further discussion? Commissioner Carollo: Mr. Chairman. Chair Suarez: Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you. The reason why I want to discuss this item is because we briefly discussed parts of this item in the last Commission meeting. When I mentioned that in HOPWA they receive 3 percent Administration revenues or 3 percent of their revenues they received for Administration, where in the others it's 20 percent. At that time, Mr. Mensah, you mentioned that you have a report that was very telling and all this, blah, blah, blah, and that you would provide it to me, to my office, and to this Commission. I have not received that report. And in order for me to believe in what you and the Administration says, when you say point blank, yes, Commissioner, I have the report; it will be forwarded to your office and I still don't receive it, again, how can I take a vote when I don't have all the information. And if you remember the conversation, it was about the 3 percent, the Administration, all that, which is right into the funding here. Mr. Mensah: I remember the conversation very well, Commissioner. The conversation was on a discussion item that is on the March 22 agenda. That report has been forwarded to Agenda and you're supposed to receive it when the agenda -- it's at agenda distribution. Commissioner Carollo: Okay Mr. Mensah: I -- that's -- City of Miami Page 14 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Carollo: But on the record -- and I had staff just listen to, you know, what was said on the record -- that's not what was said. Mr. Mensah: I understand. But Commissioner, you have to note that I claim responsibility for it. I know that there's a method by which items get to all Commissioners. At the time on Tuesday -- on that Thursday, I know that I said I will forward it to your office and I was in the process of forwarding it. I -- most of last week I was not here and I'm sure you are aware that I wasn't here last week trying to get funding for -- Commissioner Spence -Jones: DC (District of Columbia). Mr. Mensah: -- for Community Development. I was in DC. And so when I came back, there are other issues that I was in and I didn't get you -- by the time I got to that issue, I know that on Friday the agenda was going to printing, so I said well, every Commissioner is going to get it anyway. So my apology for not sending it to you earlier, but this is an item that you get. But that has nothing to do with this item. This item is the distribution of funding. That is a discussion item that the partnership -- the AIDS (Acquired Immunodeficiency Syndrome) partnership wanted the City Commission to be aware of the various issues relating to AIDS in our districts and that is what I discussed about. Commissioner Carollo: So you mean to tell me that PH.2 has nothing to do with administrative Mr. Mensah: No, not -- Commissioner Carollo: -- funding? Mr. Mensah: No. This have nothing to do -- PH.2 -- yes, this has (UNINTELLIGIBLE). Commissioner Carollo: Of course. Mr. Mensah: I'm not talking about. I'm talking about the reports that I mentioned is not related to this item. The report I'm mentioning is related to the discussion item that is on March 22 -- Commissioner Carollo: Right, right. Mr. Mensah: -- agenda. Commissioner Carollo: Yeah, but see, there's been a long history of this confusion with CDBG that's starting to cause me to read more and more and more on it so I get more and more familiar with it. Like last time when we mentioned as far as the timeliness test and, yes, the Code Enforcement prolonging it for two weeks and this. So it's causing me to read up more and more and more on it 'cause there's always this confusion. I clearly remember in the last Commission meeting you said you will provide this report. Why? Because this report will show how, yes, even though it's 3 percent, that most of -- and this program is countywide, correct? Mr. Mensah: Yes, that's correct. Commissioner Carollo: But most of them are in the City of Miami and all this and how it was going to have very telling information. Well, I was looking forward to this report 'cause I knew that this vote was coming and I have not received that report, so again -- and give me just one second. Mr. Manager, let me ask you a question. Last Commission meeting I promised I would send you various information. Did I send that information to you? Johnny Martinez (City Manager): Yes, you did. City of Miami Page 15 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Carollo: Okay. See, I'm big on that. IfI give my word and I said this is what I'm doing -- I mean, yes, listen -- Mr. Mensah: Commissioner, I apologize. Commissioner Carollo: -- anything is possible. Mr. Mensah: It's my fault. It's my fault. I take full responsibility for it. I apologize. That report is in the agenda package that will be sent to all Commissioners. If you want me to send it right now after this meeting, I will go to the office and then make sure you have it. I apologize. Commissioner Carollo: Well, the thing is I need that information to vote on this item. Commissioner Spence -Jones: Mr. Chairman. Mr. Martinez: Can we table --? Chair Suarez: Yes, Commissioner Spence -Jones -- Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: -- you're recognized. Mr. Martinez: -- the item? Commissioner Spence -Jones: Okay, let me just say this. Andl understand that Commissioner Carollo -- I mean, I understand that Commissioner Carollo has an issue with this. I just don't want us to do 20 minutes of staff being badgered about this, so if we can defer this item -- as a matter of fact, if we would have known this from the beginning of the meeting, you know, we could have deferred this item until you got the information -- until all the Commissioners got the information. So Mr. Chairman, can we just go ahead and defer this item for now -- Chair Suarez: Sure. We have a -- Commissioner Spence -Jones: -- so that we can carry on -- Chair Suarez: Wait, wait. Wait, wait. Commissioner Spence -Jones: -- the business of you know, what we need to do on the agenda today? So George, if you can brief -- can we defer this item till the next City Commission meeting? Is that going to be an issue? Do we have a timing issue on this? Chair Suarez: Hold on. Mr. Mensah: Well, the agency have to -- this April 1 is when this money start using. The agency have to get their contracts. The City Manager has to sign it. And there (UNINTELLIGIBLE) before they can get funding, but definitely. It's my fault. I should have provided the report. Commissioner Spence -Jones: Okay. Mr. Mensah: I intend to provide it, but some of those things that I didn't provide. So we can defer it and then we can be able to -- Commissioner Spence -Jones: Okay. So Mr. Chairman, are you -- City of Miami Page 16 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: Yes. Commissioner Spence -Jones: -- okay that, Commissioner Carollo, if we can chair -- I mean, defer it until the next meeting? Chair Suarez: Commissioner Gort has a motion. Would you withdraw your motion, Commissioner? Commissioner Gort: I guess I have to, yeah. Chair Suarez: No, you don't have to do anything. Would you withdraw your second, Commissioner Spence -Jones, on the motion to --? Commissioner Spence -Jones: I withdraw. Chair Suarez: Okay. There is no motion on the floor now. Is there a motion to defer, table? What do you want to do? Commissioner Spence -Jones: So moved. Commissioner Carollo: I make a motion to defer this item to the next Commission meeting. Chair Suarez: It's been moved by Commissioner Spence -Jones, second by Commissioner Carollo. Any further discussion? Hearing none, all in favor, signify by saying Eye." The Commission (Collectively): Aye. Chair Suarez: Moved to the next meeting. Now, I just want to -- Commissioner Carollo: Thank you, Mr. Director. Chair Suarez: -- make a point of clarification here that, you know, we have a procedure to, you know, provide information, ask questions, and it's found in our code, Section 2-36 -- I think it's -- actually, no. It's 2-35. Let me make sure I have the right section. 2-33, I apologize. 2-33(g), and it says very clearly -- first of all, we all know about the five-day rule, so everyone's clear here that there's a five-day rule, and if any Commissioners doesn't get information within five days, they can invoke the five-day rule. Secondly, this is something that I don't think many people do know. G of Section 2-33 says all notices of all intentions to ask questions, together with a copy of such questions, shall be given to the City Manager five days before each regular meeting. And all questions of policy presented to the City Commission by the Mayor, the City Manager, or any departmental head, notice thereof together with a copy of questions supported by memorandum setting forth the rules of action by the City Commission shall be filed three days before the meeting and given to the Mayor and each member of the City Commission. So there is a procedure for getting information and also for asking for information from the Administration and, you know, we may not have known about it. I don't think I had known about it until recently. It's an ordinance. It's one that we should follow. Whether it should be five days -- it may not be very practical if we get the information in five days that we have to submit the questions five days in advance, but it might make sense to this body to change it to three days. I don't know what the Commissioners feel like, but we can address that at some later time. We're going to have some rules of order that are going to be coming before us for a vote soon. Commissioner Gort. Commissioner Gort: Let me ask a question. City of Miami Page 17 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: Yes. Commissioner Gort: The questions asked of the Administration during these procedures, that complies with the five, ten, or whatever days you want to put. Am I correct? Chair Suarez: What the -- Commissioner Gort: I mean, you could either do it in writing or you can do it vocal during a meeting. Chair Suarez: What the ordinance says is that whether the questions we ask in writing or orally, or whatever, they have to be asked five days before each regular meeting. Commissioner Carollo: Mr. Chairman. Commissioner Gort: Excuse me. I haven't finished. Commissioner Carollo: Okay. Commissioner Gort: And I agree with it and I think it should be so we're all aware. My understanding is right now, every time we ask a question, the question goes to all the Commissioners and the answer goes to all the Commission [sic] so everybody will be aboard. Now what I'd like to stress is it's very important for the Administration to understand that whenever a question is asked here, we need to get answer. I've always been very courteous on that, but I've asked questions; we have not received the answers, and I've got to go two and three times. And I think if they cannot provide an answer at that time, at least they should send a note the reason why they cannot provide that answer. I think it's important when we ask for something -- Chair Suarez: Absolutely. Commissioner Gort: -- that we get the response. Chair Suarez: Thank you. Commissioner Carollo. Commissioner Spence -Jones: Mr. Chair. Commissioner Carollo: Thank you, Mr. Chairman. Chair Suarez: And then I'll -- Commissioner Spence -Jones. Commissioner Carollo: And I don't want to lose track of big picture here because, you know, sometimes we start going to the other extreme or we become so strict that it's not as pragmatic as it should be -- and I'll tell you why. This is something that wasn't three days ago, five days ago. This is something from the last Commission meeting on this dais -- Chair Suarez: No, no, no, no. Commissioner Carollo: -- you know, that -- you know, it's on the record, and it's information that either I requested or I was told, point blank, will be provided because it is crucial to this information, the information that, today, we're supposed to vote on and then I don't receive it. So it really -- you know, I don't want to take it to the other extreme, you know, where it starts -- it stops becoming pragmatic and it becomes hard to work efficiently. For instance, I know usually I have my meetings with the Administration on a Tuesday, you know, on the week of Commission meeting. That's what, two days? So you understand what I'm saying. City of Miami Page 18 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: Yeah. Commissioner Carollo: You start putting everything in writing and asking the questions way ahead of time and you know, it may not be pragmatic, but this is very simple. In the last Commission meeting, on the record it was told to this Commission that the information will be provided; it was not provided, and I'm just bringing it up to their attention. Just like -- I'll give you another example. Just like December -- January of 2010 or January of 2011, I requested and this Commission voted unanimously to put in the reserve the amount for Code Enforcement and I asked for the information. That wasn't three days. That wasn't five days. That wasn't ten days. That wasn't three months. That was over a year. And until recently I received the information. Chair Suarez: No. And I think your point is well taken and I think it certainly complies with the ordinance in terms of you know, asking for something two weeks in advance and not getting the answer. You know, I'm just -- I just wanted to highlight that there is a procedure. I -- many of you may not even known that, that there is a law, an ordinance on our books that requires us to submit the questions five days in advance. You know, it may be impractical, it may be difficult, but it's the law right now. So either we change it and make it a little bit more practical by saying maybe two days in advance or three days in advance, but the fact of the matter is right now that's what the law says, you know, and you know, I thought we were a body -- I think we are a body that will try to do everything we can to follow the law. It also -- the practical benefit to the Administration is they get the questions in advance and they have an opportunity to, you know, come up with an answer and are not surprised at the Commission meeting. Commissioner Spence -Jones. Commissioner Spence -Jones: Okay. The only thing that I'm saying -- no one's wrong up here. Everybody's right on the issue. I just think that as we move as a Commission, that no matter who the person is, we still show courtesy and respect. And the viewpoint that I was trying to make, Commissioner Gort, was I agree with, you know, the fact that the Administration should provide the information in a timely manner. And if we're expecting to have it, you know, at a Commission meeting, we want that information prior to it. But I'm saying that, you know, as a Commissioner -- I can't speak for anyone else. I'm just speaking for myself -- when I see that there's an item that I'm not comfortable with or I haven't gotten information on, the first thing that I do is I start the meeting off saying defer the item. I don't wait for the item to come up and then say okay, I got a problem with this 'cause I haven't gotten that, I haven't gotten this, I haven't gotten that. And I'm just simply saying, let's just be respectful of individuals. That's -- of each other. You saw that I started the meeting off, Mr. Chairman, I said -- Commissioner Carollo, I said look, these two items, I know I got a problem with. I want to remove them now because I didn't get all the information that I needed to have because I'm respecting not only the City employees, but I'm respecting my colleagues. So I'm just saying let's show more courtesy and respect to each other. That's all I'm saying. I don't want us to be -- I don't think that anything needs to change from the standpoint of what we're [sic] already been doing; Commissioner Gort is absolutely right. I'm just saying can we infuse some courtesy and respect in the midst of it. The second thing that I want to add is -- as far as the Manager's concerned, as you know, we were in DC, and I'm going to give a briefing of what came out of that HUD (Department of Housing and Urban Development) meeting. But I thank the City Manager for allowing for Mr. Mensah to come with us 'cause I couldn't really explain to HUD what was really happening here. And Mr. Mensah had to prepare reports and be prepared to talk on issues saving our CDBG funds that we're already losing and we had two days of trying to make that happen. So you know, I understand you don't have what you need to vote on this particular item. All I'm just saying, let's just show some courtesy and respect to each other 'cause no person is greater or smaller in here, so that's all I'm saying. I don't want this issue to go on and on and on. I'm just simply saying, if we're going to defer it, let's defer it and keep it moving. City of Miami Page 19 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: Thank you, Commissioner. Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. And I sort of agree with Commissioner Spence -Jones, except for consistency. You know, Commissioner Spence -Jones, that's what I did in the last Commission meeting and it didn't work. We had all this debate and all I simply did in the beginning of the meeting, just like you said, out of courtesy to my colleagues, all I said is can I defer item so and so, which was Code Enforcement. Commissioner Spence -Jones: But that -- Commissioner Carollo: And they came up and there was a whole debate. Commissioner Spence -Jones: Right. But the point is -- Commissioner Carollo: So -- Commissioner Spence -Jones: -- you're talking about a -- I'm trying to be respectful -- different item so let's not confuse the two. We're talking about the HOPWA -- our HOPWA funds that has something to do with providing support to AIDS -based organizations. Quite frankly, for me it's extremely important 'cause in my district, I'm the number one in the country, so every dollar that, you know, I don't have made available, you know, through this process, you know, somebody's not getting served but that's okay. I'm fine with that. I'm just simply saying let's just be respectful and let's just show common courtesy and that's it. If you had an issue in the very beginning of this particular meeting, all I'm saying, Commissioner Carollo, is just as I did on three or four items, just say to the Manager, let's defer the item; I haven't gotten the information. Just let's be respectful. That's it. Chair Suarez: Thank you. I think we should discontin -- Commissioner Carollo: Yeah. But Mr. Chairman, again, I don't think I've been disrespectful to anybody here, you know. I don't believe I've been disrespectful to anybody here. And as a matter of fact, exactly what you're asking me to do is what I did in the last Commission meeting. Regardless, the issue is not the item. The issue is that the information wasn't provided and you're just asking me, instead of having the director come before us and say hey, the information wasn't provided, that at the beginning of the meeting that I ask for a deferral. I did that the last Commission meeting -- Commissioner Spence -Jones: But you didn't -- Commissioner Carollo: -- and we still had a big debate so. Commissioner Spence -Jones: -- do it on this item. That's the point. You did it on another item, which is great. I understand that. We're talking about this particular item right now. This item you're -- we could have done in the beginning of the meeting if you hadn't gotten the information. That's all I'm saying, is that we want to keep the meetings moving, but we want to just be -- I don't want City employees to get up -- when they're wrong, I'm the first one to chew them out, but you know, if it's something that we need to give them time to handle, let's let them do it. Chair Suarez: Thank you, Commissioner. Commissioner Spence -Jones: We don't win from us not working together. Chair Suarez: Thank you. Commissioner Carollo: And, listen, I'll just leave it at that. But the truth of the matter is, you City of Miami Page 20 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 know, that's what I did in the last Commission meeting. It still garnered a lot of debate, so I don't think, you know -- and know her intentions is, you know, let's just keep the Commission -- Commissioner Spence -Jones: But I still love you. Commissioner Carollo: Anyways, let's just move on. Chair Suarez: There's a motion to -- Commissioner Gort: Wait a minute. Chair Suarez: Yes. Priscilla A. Thompson (City Clerk): They're all done. Chair Suarez: Commissioner Gort. Commissioner Gort: Just one more question. Chair Suarez: Sure. Commissioner Gort: My understanding is, and then you correct me if I'm wrong, the question is what percentage of the funds from CDBG goes to Administration. My understanding at one time, what the Commissioner would like to know -- and correct me if I'm wrong. I don't want to put word in your mouth -- if you get 3 percent for this one, 3 for the other one, and 20, what's the total percentage that we get? I think that's what the question is. Am I correct? Mr. Mensah: In total -- what happens specifically, there's a 3 percent that goes really to Administration. There's also an additional 7 percent that is a program delivery cost that is used to pay for staff, that work that I do on the program. But in total, like I indicated at our last meeting, if you look at the expenditure of Community Development fund -- the whole Community Development department and compare it to the Administration, the average is about 8.86 percent, taking everything that we manage and then dividing it by the amounts that we spend on Administration. Chair Suarez: Thank you. Commissioner Gort: Thank you. Chair Suarez: We've already voted on the deferral, according to the City Attorney -- I mean the City Clerk. PH.3 RESOLUTION 12-00137 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXTEND THE Development EXISTING AGREEMENT BETWEEN THE CITY OF MIAMI AND ASPIRA OF FLORIDA, INC., FOR THE PERIOD COMMENCING APRIL 1, 2012 AND ENDING SEPTEMBER 30, 2012, FOR PUBLIC SERVICE ACTIVITIES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 1 TO SAID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City of Miami Page 21 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 12-00137 Summary Form.pdf 12-00137 Notice to the Public.pdf 12-00137 Legislation.pdf 12-00137 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, 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-12-0069 Chair Suarez: PH.3. George Mensah: Again, George Mensah, director of Community Development. PH.3 is an item -- a resolution authorizing the City Manager to extend the agreement between the City of Miami and Aspira of Florida, Incorporated, to commence April 1, 2012 to September 30, 2012, for public service activities. Chair Suarez: Thank you. This is a public hearing. Anyone from the public wishing to discuss PH.3? Seeing none and hearing none, the public hearing is closed, coming back to this Commission. Is there a motion on PH.3? Commissioner Gort: Move it. Commissioner Spence -Jones: So moved. Commissioner Carollo: Second. Chair Suarez: Moved by Commissioner Spence -Jones, second by Commissioner Gort. Any further discussion? Hearing none, all in favor, signify by saying / ye. The Commission (Collectively): Aye. PH.4 RESOLUTION 12-00135 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF FUNDS, TOTALING Development $362,000, IN THE AMOUNTS AND TO THE AGENCIES AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICES ACTIVITIES; ALLOCATING SAID FUNDS FROM THE DEPARTMENTAL IMPROVEMENT INITIATIVES FUND, CITY-WIDE POVERTY INITIATIVES PROGRAM, ACCOUNT NO. 15500.371000.882000; P-10-119005, A-1255, T-01, E-AID TO PRIVATE ORGANIZATION, 0-371000; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES, FOR SAID PURPOSE. 12-00135 Summary Form 03/08/12.pdf 12-00135 Legislation (Version 2).pdf 12-00135 Exhibit 1 03/08/12.pdf 12-00135-Exh i bitl -S U B. pdf City of Miami Page 22 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Motion by Commissioner Carollo, 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-12-0071 Chair Suarez: PH.4. George Mensah (Director, Community Development): PH.4 is a allocation of the Mayor's Poverty Initiative funds, and I have the Mayor here to -- Mayor Tomas Regalado: Thank you, Mr. Chairman. Thank you, Commissioners. Thank you, George. As you know, this fund was created like eight years ago or nine, to be exact, when we started having cuts. And during the past Administration, every year some money was taken to make whole most of the agencies. Recently, this came to the Commission and it was deferred because there were a gap of $32,000 which had been allocated by District 5. And with the help of George Mensah and his team, the allocations that we're asking you and -- this is, as you know, the amount approved by you in the last budget. The Manager is working with Danny Alfonso and of course our CFO (Chief Financial Officer) and it will be briefing all the members of the Commission to bring to you in April the proposal of the Administration to fill this huge gap. At the same time, it's important that we know -- and I'm sure that Commissioner Spence -Jones is going to brief you -- but also there is a possibility of Mr. Mensah either going to Washington or they bringing here some of the staff from the Census to deal with the overcrowding issue, so we're moving in that direction. And I understand that the Commissioners and myself will be traveling to Washington in late April, so it's -- I think that this City has been very proactive. There is no other Commission and Administration that I have seen in South Florida that have been so proactive from the last two years regarding this. So the funding that is proposed to cover the 362, which don't make them whole but it was originally what we thought was needed, was Allapattah Community Action, 100,871, Catholic Charities of Miami Service for the Elderly, 4,045, Catholic Charities of the Archdiocese of Miami Notre Dame Child Care Center, 10,000, Centro Mater Child Care Services, 27,000, Curley's House of Style, 11,257, De Hostos Senior Center, 28,300, Fifty -Five Years and Up, 9,830, Little Havana Activities and Nutrition Centers of Miami -Dade County, 60,962, Multi -Ethnic Youth Group Association, 9,873, Sisters and Brothers Forever, 25,148, Southwest Social Services, 39,566, Sunshine For All, 25,148, the Sundari Foundation, Lotus House, 10,000, the total is 362,000. And this, as you all know, was approved in the last budget, but now the Manager and the Budget director and the CFO are working and will be working with you in order to remedy the other part of the situation that we have pending. Chair Suarez: Thank you, Mr. Mayor. Mayor Regalado: Thank you. Chair Suarez: This is a public hearing item, PH.4. Any member from the public wishing to speak on PH.4? Mariano Cruz: Yes. Chair Suarez: Are you speaking in your capacity as an individual or as a president of the organization? Mr. Cruz: No, no. ABDA, Allapattah Business Development -- Chair Suarez: Okay, five minutes. Mr. Cruz: As a lobbyist. City of Miami Page 23 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: Okay, five minutes. Mr. Cruz: Okay. Mariano Cruz, 2634 Northwest 21 Terrace. Let me look around to see how many people here are not being paid money to be here. Maybe Horacio Stuart, Alice or whatever. I'm not being paid nothing to be here. I'm coming here pro bono or I have been. The money, in a way, in resume or whatever, and the wherewithal to be here, to dedicate my time, you see. I don't get paid money. I dedicate hours to ABDA. A lot of time I dedicate to ABDA because I believe in ABDA in my neighborhood 'cause I live in Allapattah. I work there since 1963 when I came from the Army. I still live there. The best neighborhood in Miami, the (UNINTELLIGIBLE) neighborhood. I got property in Polk County, in Miami Lakes, everything, but I live in -- I reside in Allapattah 'cause that's my base. From there I can come here and bug all of you, okay. Chair Suarez: Thank you, Mariano. Mr. Cruz: I don't have to be here. But you know, when I see the monies -- the other day I told my employees to be here at 2 p.m. You know, at 2:05 the hearing was over because they were not here. I like your style there. Two p.m. is 2 p.m. It's not 2:05. It's not -- Chair Suarez: It is to me. Mr. Cruz: 2:10. They were not here. They miss the hearing. But Leroy Jones was here. I know because I look at the rerun of the meeting and he was here, but the employees that get paid to be here, they were not here. So I was -- in the afternoon -- it was morning -- last meeting in the afternoon, my younger granddaughter is always talking about Abuelo, let's go and play and that's it. Like (UNINTELLIGIBLE) tell you and stay here, you stay there, right? So I -- Chair Suarez: Thank you. Mr. Cruz: -- Megan tell me stay, I stay there; the hell with the meeting. No, but I go -- there was money -- economic development. We need the money for economic development. You know why? Because these people that working there in a way, the (UNINTELLIGIBLE) have to go part-time to serve the people, to serve the business, and the business there in Allapattah, they pay big taxes, City, County, and state and federal monies, and you know, put some of the money back there. And even if being a founder of Allapattah Community Action, which, when I resign the board, they never put me back in that board. They -- maybe they don't like me because they can't control me. They want somebody that tell (UNINTELLIGIBLE) say yes, say yes, say yes. No. I say no, it's no, whatever. But I am a founding member of Allapattah Community, the first social worker of Allapattah -- I (UNINTELLIGIBLE) Little Havana Activity Center so I -- don't tell me. I have a good memory. I don't have Alzheimer or dementia because, you know, I remember everything going on and I look at all these different projects and read the papers and read a Tale of Two Cities. It is a time of despair now. Chair Suarez: Thank you, Mr. Cruz. Mr. Cruz: Okay, thank you. Chair Suarez: Appreciate it. Coming back to this board, is there a motion on PH.4? Commissioner Carollo: So moved. Chair Suarez: Moved by Commissioner Carollo -- Priscilla A. Thompson (City Clerk): I'm sorry, Chair. City of Miami Page 24 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: Second by Comm -- Ms. Thompson: I apologize. Are you --? Chair Suarez: I'm sorry, you're right, I need to close the public hearing. I'm sorry. Any member from the public wishing to speak on PH.4? Seeing none, hearing none, the public hearing on PH.4 is closed coming back to this Commission. There was a motion by Commissioner Carollo and a second by Commissioner Spence -Jones. Commissioner Spence -Jones: Just a little discussion but go ahead. Chair Suarez: Sure. Go ahead. Commissioner Spence -Jones: I just want to, first of all, thank the Mayor for really -- and George -- for sitting down and working these numbers out. I really appreciate the Commissioners making the adjustments to make sure D5 at least had some support with its programs. I do want to mention that every year we're going to have this issue and, as a matter of fact, it's going to get worse every year because of the funding cuts. So one of the things that I'm trying to do, and I would love to have the support of the other Commissioners, we're creating a seniors task force. We met two days ago at the Jewish center in the heart of my district, which is probably one of largest employers that I have. Jay Solowsky is actually a board member there. And they were so gracious to work with us and host various senior -based organizations in that meeting. I would like to at least have you guys identifir one representative that can sit on that task force for us to look at overall issues of how we support seniors. There's no one here that really has a voice or organization or group within the City of Miami that has an organized voice to -- for seniors so I really would like for you guys to appoint someone to sit on that task force. Jay has agreed to work along with us to address legislative issues 'cause there are a lot of major issues happening in Tallahassee that are affecting funding and programs for our seniors . So I just feel like if we're -- have a united effort on this issue, then at least we, you know, can address everything from food to housing -- Commissioner Carollo: Yeah. Commissioner Spence -Jones: -- to mental health and the things that are actually affecting our seniors, so I would like to at least make sure that I have your support. We're going to meet every other month. The next meeting actually will be next month only 'cause we want to get prepared for it, but I would just like to make sure that I have your support on that. And then in closing on this, which 171 give you a full briefing during my pocket item of the -- my item, but on the CDBG (Community Development Block Grant) issue, Ileana Ros Lehtinen, part of our meeting with her, which was a very good meeting, was that she would kind of take the lead on us addressing what's happening with the CDBG funding for next year. So I just wanted to at least make sure -- and the seniors play a important role because this is where we're trying to, you know, find the monies to fill the gaps. Chair Suarez: Thank you, Commissioner. Who do you -- Johnny Martinez (City Manager): Mr. Chair. Chair Suarez: -- want us to send --? By the way, just a quick question, who do you want us to send our nominee to? Do we send it to the City Clerk? Commissioner Spence -Jones: Well, you know, if you want to start, we can -- you can -- I guess you could send it to the City Clerk. I mean, I can let you know that De Hostos was there already, AARP (American Association of Retired Persons), CAA (Community Action Agency), Curley's City of Miami Page 25 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 House were there. I was waiting to -- I really would like to have the lady that maybe was in your district, Southwest -- Chair Suarez: Social Services, Angie -- yes, Angie Vasquez. Commissioner Spence -Jones: -- the tall lady that's really, really good. Chair Suarez: Yeah. Commissioner Spence -Jones: So whoever they are, if we -- I guess we can send them to -- Chair Suarez: Okay. Commissioner Spence -Jones: -- the Clerk. Chair Suarez: We'll send it to you, Madam Clerk. Yes, go ahead, please. Mr. Martinez: Mr. Chair, I'd just like to add a brief comment. This is not even half the battle. I think moving the money from the line item that was allocated during the budget -- Chair Suarez: Right. Mr. Martinez: -- process over to accommodate this is not even half a step in the right direction. We still have another 381 to $391, 000 -- Chair Suarez: To make everyone whole. Mr. Martinez: -- that we're going to be looking at to make it whole, and we're going to be working very closely with the Commission and the Budget director to see how we can fill that gap, and that's just on the public service side. On the economic development side there's also a huge gap there, but we're concentrating on this half of the equation. Chair Suarez: Thank you, Mr. Martinez. Commissioner Carollo, then Commissioner Sarnoff. Commissioner Carollo: Thank you. First of all, I'd like to thank the Administration. At the last Commission meeting, I brought an issue of procedure with regards to signing off and making sure that different department heads would have a chance to look through it, and I'd like to thank you because that has been done. And I think it's a process that, you know, if it hasn't been implemented, it is implemented now, and all department heads that deal with the certain item should sign off on it. So I'd like to thank the Administration for that. Second, I'd like to say that, you know, a lot of times it's not the Administration just listening to us. It's us listening to the Administration. One of the things that was mentioned in the last Commission meeting during the discussion, which, as I've always said, is extremely healthy, is that it takes just as much from the Administration to administer a program that's, let's say, $20, 000, $50, 000 than it is for a program that's gets only $1, 000 or even less. One of the issues that I brought up was the 32,000 that was unallocated, and it seemed like before when it was brought to us, there was a whole slate of organizations that were receiving $1, 000 or very small amounts and that goes to, realistically, that 20 percent and Director Mensah mentioning, listen, it's a lot of work. All these different organizations is a lot of work. Well, since the last Commission meeting to this Commission meeting, we have consolidated a lot of that and we only have two or three organizations that are receiving the funding, which is actually much better for the Administration because they have a lot less work to do. So I just want to mention that, that it's not just, you know, the Administration listening to us; it's us listening to the Administration and actually working as a team and cooperating so -- and at the same time, Commissioner Spence -Jones, I think it was a good benefit because it was an eye-opener and I think your district seemed to have City of Miami Page 26 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 less funding now that they were able to obtain more funding, so I think it was an eye-opener and I think it's extremely important and that's why we have discussions. There's one more item that I want to touch upon, Mr. Mayor, and I want to touch upon it because many times, like I said, there is discussion, but a lot of times people, you know, listen to a discussion and they want to make more of it than what it really is or -- I don't want to say they're ill -intended, but a lot of times people read a lot more into something than there really is. So I want to make sure and put it for the record, you know, 'cause I mentioned as far as the citywide poverty initiative, you know, I really believe, you know, we've worked -- and you've mentioned it. You mentioned it on the record. You know, this Commission as a whole, including yourself, we've worked a lot on all the CDBG issues, you know, going back to at least since I was here -- I don't know when I sponsored that resolution; sometime in May or June of 2010 so we've been working at this for a very long time as a team, so that's why I brought up the citywide, you know, initiative or the City poverty initiative so I want to make sure -- and for the record, Mr. Mayor, I see it's already on the agenda, but for anyone who's ill -intended or thinks that there was any issues, I want to make sure that there is no issues from your part. And, you know, I think it's more of a collegiate teamwork that we call it a City poverty initiative, and we just want to hear from that. And I know the Manager mentioned it last time, but I just want to make sure that, you know, you're okay with it also and that, you know, there is no misinterpretation out there. Mayor Regalado: No, no, Commission [sic]. I think that everybody understands that since it was created, this funding was called the Mayor's Poverty Initiative, and during eight years -- and I was sitting here -- no one questioned that. It's called the Mayor's Poverty Initiative. It's called the citywide because the Mayor's is only citywide elected official. To tell you the truth, my goal is to have the agencies funded. If somebody -- Commissioner Carollo: Right. Mayor Regalado: -- is not comfortable with the name of the Mayor's in that funding, it's fine by me. I don't have a problem. But I think, you know, it's been tradition that it's called the Mayor. Actually, it's not the Mayor who decides here and there and there. It's Community Development, you know. These are the professional. Mensah and his team, they -- 24 hours a day they work on the different agencies. They know what the agencies need. They understand. And when they come to us, the Manager and myself, with the numbers that we need to allocate, they already have spoken to every Commissioner so, you know, it doesn't makes a different. I don't think that a resolution is in order to change the name or anything, but I'm just saying that we all are working to get this funding done. And Commissioner Spence -Jones was saying that this is happening every year. She's right because every year we have to deal with this. Hopefully, there is movement. Actually, the chair of the International Relations Committee, Ileana Ros Lehtinen, is bringing here this weekend a group of committee chairs from the House of Representatives and it will be a wonderful time to lobby them. We hopefully will have a window to meet with the Census people to look at the overcrowding, which was the issue that cut us. So everybody here is working on this issue, and I think that the goal of everybody here is not any name but to get the funding for the agency. Chair Suarez: Thank you, Mr. Mayor. Let me recognize Commissioner Sarnoff, Commissioner Gort, and I'll come back to you. Commissioner Sarnoff Vice Chair Sarnoff Well, thank you, Mr. Chair. I think this has been a cooperative effort. I think the Mayor has always understood the needs of the elderly and certainly the needs of those who need to be fed maybe better than any of us 'cause he's been out there the longest and he's been on probably every initiative you can imagine since he's been a Commissioner and probably even before, so I want to compliment him on working on this. With regard to Commissioner Spence -Jones, you know, I'm not the guy that gets up here and says kudos a whole lot, but kudos. I think it's really important that everybody understand -- I've been saying this for the better part of five years now -- CDBG funding will continue to be cut. I hate to rain on anyone's parade. I City of Miami Page 27 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 hate to suggest that you don't try to do certain things. But I hate to give false promise and false hope. And I think you can anticipate next year a reduction of just under 10 percent because I do not believe Congress will make anything other than the projected cuts to reduce the deficit, and you know, I'm always the guy that sort of says it and it's the messenger -- let's shoot the messenger 'cause we don't like the message. I think you're going to look at another just under 10 percent cut next year. I don't think you're going to be successful on changing your 20 or your 35 -- your 25 percent to social services, but it's worth a try, but I don't think anybody should base their future allocations on that. What Commissioner Spence -Jones is, I think, going to learn and going the attempt to do is -- you have a great number of social service organizations out there. Each one has a director, each one has an assistant director, and they have what's called middle management. What you're going to see is -- you're going to need a consolidation -- you're going to see people who are going to have to cooperatively work together who have never probably worked together before in their existence. Learn that you cannot -- you're going to consolidate directors, you're going to consolidate assistant directors, you're going to start cutting out the administrative portions so that the line function portion, meaning the money actually gets to the elderly so they can, you know, sustain themselves. That's a process that's going to be -- I think that's what -- I think inevitably what her committee is going to report to her. It's nothing out of the ordinary than what we see corporations do. Corporations create efficiencies. You're going to see a more efficient way of distributing the resources, and in this process, I think you're going to see something you may have never seen before in Miami. You're going to see people of different color, different culture, different religious backgrounds having to work together, whereas before they were always -- I hate to use the word segregated, but they were segregated in their beliefs and desires and it was sort of a silo mentality: I have this portion of the community; you have that portion of the community. And maybe something good does come out of this, Commissioner. Maybe there's no longer a siloing, but there will be, candidly, loss of some jobs or -- and functions will change. And just so you know, I will appoint Jay Solowsky, and I love appointing guys that make $700 an hour 'cause I have no idea why I can do that, but I hope he's watching right now. I appoint Jay Solowsky to this committee as my representative, and he won't charge you a penny for this, Commissioner. Chair Suarez: Thank you. I appoint Max Rothman, by the way, so -- Commissioner Spence -Jones: (UNINTELLIGIBLE). Chair Suarez: Max Rothman is the executive director of the Alliance for Aging so he's, you know, the one entrusted with receiving state funds and dispersing them and -- yeah, so he's a good person. Anything else? Commissioner Gort, please, you're recognized. Commissioner Gort: At one time, about 30 years ago, the United Way went through the same process and they created the umbrella. They brought in the different directors from the different agencies. They got together and that worked. I believe that's something we need to do. Later on during discussion item, I'm going to bring some discussion. I'm going to do about the City itself. It's the -- working together as a team is what makes a difference. Unite, you conquer, divide, you fight off, and that's something -- Now going back to the name, I understand, Commissioner Carollo, where you're standing, but at the same time, we have the opportunity to address X" amount of money to our districts. I think the Mayor's name -- I don't see any problem with maintaining the Mayor's name. It's been there for years. He's the only one that can have the chance and the opportunity to work with him and look at the citywide needs, and so I wouldn't have any problem maintaining the Mayor's initiative since it's been there for about eight years. Anyway, whatever is brought here to this Commission, I mean, we can change it. Whoever -- whatever name they has -- whatever comes in front of us, we can change it and we can move it. Chair Suarez: Thank you. City of Miami Page 28 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Carollo: Mr. Chairman. Chair Suarez: Commissioner Carollo, yes. Commissioner Carollo: I don't think there was ever established the fund with the Mayor's Poverty Initiative like it was in the last reading. And listen, all I'm saying is -- we've all stated, you know, we're working cooperative in this. I think we're all working very closely in this, and I thought it was just more appropriately that we have, you know, a teamwork -type thing. That's how it's written up now in the resolution, the City Poverty Initiative, you know, so I just think it's more of a collegiate type of a, you know, City, you know, Poverty Initiative and that's why I brought it up. Commissioner Gort: Right. Commissioner Carollo: I know in the past certain things have been done. I think, Mr. Mayor, you're the first one who's been very critical of things that have been done in the past. And I think, you know, when things have been done in the past that could be in the future done better or -- then we should move that direction, so that's all I'm saying. And you know, I bring it up to this dais like I always do. Chair Suarez: Commissioner Gort. Commissioner Gort: Commissioner, the Administrative made the move and they change the name, but we as a board now vote on it. If you recall, we table that. We did not vote on that move. So I don't know why the Administration did that, but that's our (UNINTELLIGIBLE). Chair Suarez: It was a mistake, I think. Mayor Regalado: I don't know, Commissioners. I mean, I think that the -- this debate is not part of the -- Commissioner Carollo: We're miss -- Mayor Regalado: -- whole picture, the big picture Commissioner Carollo: Right. Mayor Regalado: And you know, I never question in my eight years in the past Administration. I criticize other things, the globaling [sic] plan and or anything, but not that name. But having said that, Commissioner Sarnoff, I think that we do have a chance to get the waiver. It's been moving around. We did that -- actually, I will tell you, historically, the City of Miami was the first city ever, with the city of Los Angeles, in 1997 to get the same waiver for three years; and at the time, Frank Castaneda was the CD director of the City of Miami. And it was Ileana Ros Lehtinen and Congresswoman Carrie Meek that moved the process and Senator Graham that help us, and I think that we have a pretty good chance because we're getting people on board on this. It's a bipartisan. I mean, we're talking Debbie Wassermann, Fredericka Wilson, Mario Diaz-Ballart, Ileana Ros Lehtinen, David Rivera. We have both parties involved. Commissioner Carollo: Senator Bill Nelson. Mayor Regalado: And Senator Nelson. Commissioner Carollo: Senator Bill Nelson. Mayor Regalado: And hopefully Senator Rubio. Senator Inouye also has agreed on this matter. City of Miami Page 29 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 And what is interesting now is that this is for all the country. It would apply to all the cities. And now Mayor Villaraigosa just responded to us that he's pushing for that because he was cut like 35 percent so he needs that waiver. So, hopefully, we all going to go to Washington and make the final push, you know, for this item in April and hopefully -- but it will not kick until next year so -- Commissioner Carollo: And Mr. Chairman. Chair Suarez: Yes, Commissioner. Commissioner Carollo: And yes, I do believe also that we will get it passed, you know. And the Mayor andl have both gone to Washington numerous times and we spoke to these legislators. It's not just that we think and we're wishful thinking. You know, we've gotten commitments from them bipartisan, and what's important about this is that it's not an earmark. It's not additional monies. It's from the monies that we're getting; you know, just give us the flexibility to use more of it for public services. For instance, even though we received a 34 percent cut, even though we received a 34 percent cut this year, if we're allowed the flexibility to go for from 15 percent to 25 percent in public services, on that money alone we would have more money than what we received this year -- I mean last year for public services. Now, the difference is this -- and I wish I would have brought a draft that I did -- the original idea, when I drafted it and I put the resolution forward, was that it will also cover the part of the general fund so we wouldn't have to use any general fund monies. Unfortunately, the cut was so drastic, 34 percent, that, yes, we still have to use general funds. But from the public service part alone, if we pass this, we would actually be able to use more monies this year than what we used last year for public services, so it's extremely important and all we're asking is for flexibility. Like the Mayor said, we have bipartisan support for it, and the issue hasn't been would it get passed. I think the issue has been that nothing is moving in Congress. And since nothing is moving in Congress, we can't get it on a bill to get it passed. So I think the big push is to get it on a bill and last resort, get it on the appropriations bill. But if that occurs, then it's going to have to be for October of [sic] November of this year. So the issue isn't whether there's support. It seems like everyone is supporting it. And I've been con -- in conversations with Senator Marco Rubio's office also and I need to provide him more information. But the issue doesn't seem whether it get passed or not. It seems like it will get passed. The issue is that, unfortunately, nothing is moving in Congress and, realistically, that's something that needs to be addressed because the gridlock in Washington is hurting our most needy. It's hurting the local government. And yes, you're right, that is the bigger picture, and that's something that we're all working together. And you know, I think, you know, we should continue to work. I forgot what were the dates. I think it's in late March when we may be scheduled to go up to -- Mayor Regalado: April. Late April. Commissioner Carollo: Like I said, I don't know what are the dates, whether it's April or late March. And as a matter of fact, there's still another date, I think in June, where we may have to go again. So you know, the bottom line is I think we need to keep pushing. I think it was also well taken by the Mayor's conference, the national Mayors' conference, and a lot of Mayors and actually municipalities are looking at this that we've proposed, and it is somewhat of an alleviation. It is somewhat of a solution. Unfortunately, the cuts have been so drastic that it's not a full solution, like I originally had planned. So I think we should move forward with this and I think it's extremely important. Mr. Martinez: Mr. Chair. Commissioner Spence -Jones: Mr. Chair. Chair Suarez: Thank you. Yes. City of Miami Page 30 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Mr. Martinez: I had cranked out the numbers and the Commissioner is correct, 25 percent -- if we get the 25 percent, it'll put us 100,000 -- at least 100,000 over what we were getting before, which was 1.125. It would be 1.225. So if we are fortunate enough to get the 25 percent, it'll make us whole and then some. Chair Suarez: We don't get more money. We get more flexibility in -- Mr. Martinez: More flexibility. Chair Suarez: -- the money that we already get. Mr. Martinez: On the public service side. Chair Suarez: Right. Commissioner Carollo: Yeah, more money for public services. Chair Suarez: Right. Commissioner. Commissioner Spence -Jones: I'm not going to talk a lot about this issue 'cause I do want to give a full briefing, like I said, later. I think it is a lot deeper than the 25/15. I think that, you know, it's a -- when you go there and you sit down not just to talk to the legislators -- 'cause the reality is is talking to the administrators, the individuals that have the actually administrate the project -- I mean the programs and the funds. It's a whole nother -- it's on a whole nother scale of issues that has to be addressed. One -- and George will explain that later. But I think one of the things, Mr. Mayor, that we do need to focus our energies on and that is challenging the numbers, like you said, from an overcrowding standpoint. I think this thing needs to be on a two -prong -- it needs to be a two prong approach. Yes, dealing with the 25/15, that's -- and that's going to take a minute to have -- to happen, but I think that if we drill down on the numbers, that they're saying, you know, the overcrowding of the numbers, meaning -- I think I -- we were at 35 percent; we went all the way down to like 9 -- right. So I think that one of the things that I've been asking the Administration to do is to look at how we can drill down on those census numbers, and I'm going to give you an example of Social Compact. It's a company that we -- I dealt with in the beginning when I got in office to challenge some of census numbers. For instance, in a place like Overtown, they said there was only $9, 000 -- 9,000 people there. When we did the drill down, we really realized there was 15, 000 people. Another example is in Liberty City. I believe they said that Liberty City had 25,000 people. When we drilled down those census numbers, we found that it's 51, 000 people. So I think that some of the attention has to be placed on really, really getting like FIU (Florida International University) or one of these groups to work with us on drilling down the numbers. Because even in talking to Ileana, we got to give her ammunition as to what she can actually say, and the only way you're going to be able to do that is by giving her a document that, you know, she can live with and that she can get out there and push. It wasn't just our city, City of Miami. It's City of Hialeah, it's Miami Beach. All of them have the same thing happening to them, so maybe there's a broad coalition of those cities that are being affected with the overcrowding of the numbers to really, you know, figure out how we can just drill down to get closer to the real numbers of the overcrowding. So I'm going to be working with the Administration to figure out, you know, how we can engage someone or a group to come in to help us look at the numbers. Because in speaking -- I'm just telling, the Administration up there, the reality is, you know, for them -- and the first thing they say is it's not my fault; it's Census fault. So then we got meet with Census and then Census says, it's not my fault; it's HUD's (Department of Housing and Urban Development's) fault. So everybody's passing the potato. So the only way you can really address this issue and the one thing that was solid between both groups is that those numbers have to be challenged and it can't be challenged with conversation. It has to be challenged with fact. So one of the things that I would like for us City of Miami Page 31 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 -- you know, like I said, the Administration to do it -- I don't want to get into the details. We'll talk about it later. But I definitely think that that needs to be a part of the strategy as well, challenging -- drill downing on getting those numbers. Mayor Regalado: Well, Commissioner, just to finish -- Mr. Chairman, if I may, very briefly. I think you're right, this is a two prong project, and overcrowding is the reason that we were cut by 34 percent. The response from HUD was so convoluted, nobody understood. But Frank, in Commissioner Gort's office, they did a huge research and they figured it out, and it was that information that George was able to take, and we are -- and Social Compact is the same group that I remember because you and me were sitting here on 2005 when we challenged the census and we were successful, and Social Compact is the same agency that is helping us, and we are in stage four of the census about numbers. The overcrowding is another issue. And I think that George has a meeting with people from -- yeah. So I think that if we resolve the overcrowding, we might not be hurt as much, but -- Chair Suarez: Yes. Mayor Regalado: -- this year is bad and we have to just do something. Chair Suarez: Commissioner Gort. Commissioner Gort: We sent some information -- Commissioner Spence -Jones: Yeah. Commissioner Gort: -- to elected officials and to the Congress and to the Census Bureau and to HUD. We received two books from HUD trying to explain what took place. And you're right, Commissioner Spencer [sic], they're saying that HUD has the problem. HUD says the Census has a problem. And they're both say that Congress is the one that create it. The problem is no one understands the numbers. Now how can you have overcrowding low to 9 percent but yet poverty increases by 7 percent? How can you aclust the numbers. But there's got to be a problem there and nobody has been able to figure it out. Nobody understands it. They don't want to understand it and nobody wants to take a decision. That's a major problem that we have right now. Someone has to take charge of it and somebody's got to take the fall. Chair Suarez: Thank you. Commissioner Spence -Jones: I do want to thank also Commissioner Gort. Commissioner Gort did provide us with a packet of information to deliver to each one of the legislators and to HUD and that information was very valuable in those meetings, so I want to at least acknowledge that as well. And I agree with you, we really -- we just really need to really, you know, focus on like what the target really issues are. Honestly, you know, I don't have a problem with going back to DC, but I want to make sure that if we go to DC, it's not just to go from one legislator to the next saying the same thing we already. We need to go there as a united front. It would be great if the other cities that are being affected, like Hialeah and Miami Beach, you know, so that it's a united voice so that's a lot of other -- and I think this is maybe perhaps -- aren't you on -- which board are you on --? Commissioner Gort: League of Cities. Commissioner Spence -Jones: League -- Chair Suarez: Yeah. Commissioner Spence -Jones: Maybe this is something that the League of Cities can, you know -- City of Miami Page 32 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 so it's not us just going up there -- 'cause I'm not really interested in doing the round of -- Chair Suarez: I'll -- I will definitely bring it -- Commissioner Spence -Jones: -- meetings like that. If we're going to go there, let's go there with a solid purpose and say, okay, this is what we need your support with. These are the things that, you know -- instead of just having them tell us they're going to make it happen and, quite frankly, we're one of the million things that need to be done up in DC. Chair Suarez: I will bring this up at the next meeting of the Dade League of Cities. It's been -- this item has been moved, seconded. Public hearing is closed. As modified, all in favor, signify by saying aye." The Commission (Collectively): Aye. END OF PUBLIC HEARINGS ORDINANCES - SECOND READING SR.1 ORDINANCE Second Reading 12-00072 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 29/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS/BULKHEADS, SEAWALLS, PIERS, DOCKS, GROINS, MARINE RAILWAYS AND OTHER SIMILAR STRUCTURES," BY ASSIGNING ADMINISTRATIVE RESPONSIBILITIES FOR SAID ARTICLE TO THE CITY OF MIAMI BUILDING DEPARTMENT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-00072 Summary Form SR.pdf 12-00072 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff 13315 Chair Suarez: SR.1. Nzeribe Ihekwaba: Good Morning, Zerry Ihekwaba, Public Works director. SR.1 is an ordinance to amend Chapter 29 of the City code, entitled `Landfills and Waterfront Improvements," in order to assign responsibility and administrative coordination for bulkhead, seawalls, pier, docks, and marine structures on private properties, including the issuance and regulation of building permits. The purpose of this amendment is to be able to streamline the provisions with current provisioins of the Florida Statute and Florida Building Code. Previously, the South Florida Building Code based on -which the City code was based on had assigned responsibility on this to the Public Works director. The current edition of the Florida Building Code clearly stated that it should be handled by the Building official of the respective municipality; hence, the current amendments. There is (UNINTELLIGIBLE) -- the additional issues involving this is in terms of deleting obsolete references, as well as streamlining responsibilities for reviewing of the permit applications. In Section 29-85(2) there was previously a reference to Department of City of Miami Page 33 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Environmental Resource Management at the county level. That department is currently referred to as Permitting, Environment and Regulatory Affairs. That's an additional amendment which was not previously noted when it was passed in first reading. Any question? Chair Suarez: Thank you, Mr. Ihekwaba. Corning back to this Commission, it's -- actually, this is a second reading so it requires a public hearing. Anyone from the public wishing to speak on SR.1 ? Hearing none and seeing none, the public hearing on SR.1 is closed, corning back to this Commission. Moved by Commissioner Spence -Jones -- Commissioner Gort: Second. Chair Suarez: -- second by Commissioner Gort. Any further discussion? Hearing none -- Priscilla A. Thompson (City Clerk): Yes, Chair. Chair Suarez: Yes. Ms. Thompson: I'm sorry. I just need clarification. Chair Suarez: Sure. Ms. Thompson: The last statement that was made on the record, I need to find out if, in fact, this second reading ordinance that's before us is now being modified on the record right here? Mr. Ihekwaba: Yes. Ms. Thompson: Thank you. Chair Suarez: And so as -- the motion and second is as modified, just for the clarity of the record. Madam City Attorney, it's an ordinance. Julie O. Bru (City Attorney): Mr. Chair. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, as modified, 4-0. SR.2 ORDINANCE Second Reading 12-00156 Department of Solid AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 22 OF Waste THE CODE OF THE CITY OF MIAMI CODE, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE," MORE PARTICULARLY BY AMENDING SECTIONS 22-1, 22-47 AND 22-50 TO ADD DEFINITIONS, ADD A MINIMUM PERIOD OF DURATION FOR PERFORMANCE BONDS, PROVIDE FOR ENHANCED MANAGEMENT, AND PRORATE THE EXISTING PERMIT PER ACCOUNT FEES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00156 Summary Form SR.pdf 12-00156 Legislation.pdf City of Miami Page 34 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff 13316 Chair Suarez: SR.2. Keith Carswell: Commissioners, Keith Carswell, director for the Department of Solid Waste. SR.2 is an ordinance of the City Commission which is providing definitions in a minimum period of duration for a performance bond which provide enhanced management of our commercial hauling franchise as well as prorating some existing fees. One slight amendment to one of the definitions for public nuisance, it originally read the term `public nuisance, " for purpose of this chapter, shall mean a container or roll-off/container without marks or labels indicating the ownership which appears to be utilized for commercial solid waste collection without a City franchise agreement and poses a threat to health and safety of the community. We took out "without marks or label indicating ownership" because we've had haulers that have operated illegally in the City and they do have markings on their containers. Chair Suarez: Thank you, Mr. Carswell. This is a public hearing, Second Reading 2. Anyone from the public wishing to discuss Second Reading 2? Commissioner Spence -Jones: Move. Chair Suarez: Public hearing is closed. Commissioner Gort: Second. Chair Suarez: It's been moved by Commissioner Spence -Jones and second by Commissioner Gort. This is an ordinance. Julie O. Bru (City Attorney): Of the Miami City Commission, amending Chapter 22 -- Chair Suarez: Yes. I'm sorry. Sorry for interrupting you. The City Clerk wanted to jump in here. Priscilla A. Thompson (City Clerk): And I want it to be clear for the record, the statement that was made by Mr. Carswell means that this item that's in front of us right now has been modified on second reading? Chair Suarez: That's correct. This is accepted by the mover and the seconder. Ms. Thompson: Thank you. Ms. Bru: Thank you -- Chair Suarez: Go ahead. Ms. Bru: -- Madam Clerk. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. City of Miami Page 35 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 A roll call was taken, the result of which is stated above. Ms. Thompson: The item has been passed on second reading, as modified, 4-0. SR.3 ORDINANCE Second Reading 12-00158 Department of Solid AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Waste 22 OF THE CODE OF THE CITY OF MIAMI CODE, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "GARBAGE AND OTHER SOLID WASTE," MORE PARTICULARLY BY AMENDING SECTION 22-93 ENTITLED "ENFORCEMENT AND ADMINISTRATIVE FEES", TO DETAIL AN ENFORCEMENT AND COLLECTION PROCESS, DELETING CODE ENFORCEMENT PROCEDURES ALREADY SET FORTH IN CHAPTER 2 OF THE CITY CODE; FURTHER CREATING SECTION 22-94 TO PROVIDE FOR AN APPEAL PROCESS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00158 Summary Form SR.pdf 12-00158 Legislation.pdf Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13317 Chair Suarez: Let's go to SR.3. Vice Chair Sarnoff Did we vote? Keith Carswell: Hi. Keith Carswell, director for the Department of Solid Waste. SR.3 is -- provides an administrative process in terms of how we address our illegal haulers that operate within the City. Over the last year we've actually, through our process, have removed about 88 illegal haulers. Oftentimes they come in and they pay the fine. The code currently does not permit or allow us to auction off the containers. Right now the mini dump, we have about 50 containers that are -- for all intents and purposes, have been abandoned and we are desirous of auctioning those off and making room for Operation Clean Sweep as part of the process. Chair Suarez: Thank you, Mr. Carswell. This is a public hearing item, SR.3. Any member from the public wishing to speak? Mr. Cruz, you're recognized. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I worrying about the word enforcement because enforcement being the people -- they have the inspectors that write fines to the people and all that. That what is enforcement? Also enforcement about collection here. Because the Department of Solid Waste had given tickets to property owners because people have dump in front of a building. They don't know who dump the thing there. They go and write a ticket to the building. What's that? And I made specifics. I (UNINTELLIGIBLE). 1748 Northwest 33rd Street, somebody dump a mattress on there and they wrote a ticket to the building. 1851 Northwest 19th Street, somebody dump an old sofa on the swale area. The inspector came and give a picture and they give a $500 ticket. And then they go to kangaroo court, the kangaroo court in there at the Administration building with like (UNINTELLIGIBLE) or somebody else there. (UNINTELLIGIBLE) get appointed by the City Commission, he get paid from the fines, and they say no, we're not going to give you the 100 -- $500, but you pay $100 City of Miami Page 36 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Administration fee. Oh, they so good. You don't have to pay the $500, but you got to pay $100. So we -- I question that because they say we lower your tax. We don't raise the millage and all that. But then they come and they start giving tickets, liens and all that, looking all kind of monies. You know, I'm not going to talk about the American Traffic Solutions and all that, you know, but they looking for money. You lucky the other day I couldn't talk to you when you were on TV (Television), I'm telling you, because they -- what they doing now is -- that's why I question the word enforcement, and they say -- and they going -- it provide for appeal process because now when people get a ticket, the only thing they could appeal is to County or to the courts. Now they going to do another court, another process, more money for the people. The City got plenty of money. They got a legal department there. Sure, they got plenty of money there to do anything, but the people out there, if they get a ticket, $500 ticket, I mean, they screw the whole month, the whole thing. Lucky, they don't give a ticket to me because then they got problem. Chair Suarez: Thank you, sir. Any other member from the public wishing to speak on PH.3? I'm sorry, is this -- Mr. Carswell: SR.3. Vice Chair Sarnoff SR (Second Reading). Chair Suarez: I'm sorry, SR.3. Sorry. Seeing none, hearing none, the public hearing is closed on SR.3; coming back to this Commission. Commissioner Gort: Move it. Vice Chair Sarnoff Second. Chair Suarez: Moved by Commissioner Gort, second by Vice Chairman Sarnoff. Any further discussion? Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, Commissioner Carollo. Commissioner Carollo: Just for the record -- and you know, we have one citizen that comes up quite a bit and he's got a concern. Can you explain a little bit more as far as the enforcement and the administrative fees and so forth? Mr. Carswell: Just in general, through Operation Clean Sweep, we'll be reaching out to the residents. This is not about an enforcement process overall in addressing the illegal dumping that's predominantly throughout the City, but this -- these particular fees apply to commercial haulers -- Commissioner Carollo: Right. Mr. Carswell: -- that are operating illegally within the City of Miami. This is not geared toward the residents but those operators in the City who do not have a franchise. Our franchisees -- there are about 20 licensed commercial haulers. They pay various fees, which amounted to 11.4 million to the City last year. They have issue with people who don't pay the fees, operating in the City because they're -- Chair Suarez: Competing against them unfairly. Mr. Carswell: -- playing by a different set of rules. City of Miami Page 37 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: Yeah. Commissioner Carollo: And thank you, Director Carswell. And that's why I want to put it on the record, to make sure that everyone knows that this is not about fees to the residents. It is not about fees or any enforcements to residents. It's about illegal haulers that come into our city. Mr. Carswell. Mr. Carswell: And also, I might add that in order -- as part of our outreach process through the Department, the code enforcement inspectors will be corning back to the Solid Waste Department as well. Chair Suarez: Thank you. Good clarification, Commissioner. This is an ordinance. It's been moved and seconded. Julie O. Brit (City Attorney): Thank you, Mr. Chair. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. SR.4 ORDINANCE Second Reading 12-00157 Department of Solid AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Waste 22 OF THE CODE OF THE CITY OF MIAMI CODE, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE," MORE PARTICULARLY BY AMENDING SECTION 22-15, ENTITLED" EDUCATIONAL TRUST FUND ESTABLISHED FROM THE RECYCLING PROGRAM FOR SCHOLARSHIPS TO CHILDREN OF CERTAIN CITY EMPLOYEES; CONDITIONS FOR IMPLEMENTATION" TO SPECIFY THE PURPOSE AND TIMEFRAME FOR THE AWARDING OF SCHOLARSHIPS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00157 Summary Form SR.pdf 12-00157 Legislation (Version 2).pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13318 Chair Suarez: SR. 4. Keith Carswell (Director, Solid Waste): SR.4 principally amends the educational scholarship fund primarily for the children of the Solid Waste Department and employees of the Department. Also, it provides for CDL (Commercial Drivers License) license for employees as a way of promoting promotional opportunities within the Department. I'd also like to say that I did work -- had several meetings with the union president, Mr. Simmons. He provided some invaluable input in terms of the modifications that are before you, and I'd like to think of this as a joint effort City of Miami Page 38 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 between management and labor. Chair Suarez: Okay, thank you. This is a public hearing item, SR.4. Commissioner Gort: See, it helps to talk. Mariano Cruz: I'm going -- Mariano Cruz, 1227. I'm going to talk about this 'cause this is something good. Because our union -- we have scholarship for employees, different scholarship fund (UNINTELLIGIBLE) scholarship because with the cost of now any college education, every little thing helps, so I'm glad to see that. Spending the money before because (UNINTELLIGIBLE) spent -- and you know who said that. We spend -- if we spend money in school, we won't have to spend money in police officers, okay, and that's from many years ago, many -- long time (UNINTELLIGIBLE) from the nineteenth century, you know. Chair Suarez: Thank you, Mr. Cruz. Mr. Simmons. Joe Simmons: Joe Simmons, Jr., president of the Solid Waste workers union, AFSCME (American Federal, State, County, and Municipal Employees), Local 871. Like he was -- Director Carswell said, we are very supportive of this item. The only thing is the effective date. Is that this year or would it be next year? Mr. Carswell: It says annually and so we're taking the applications upon approval by the Commission. We're taking it within a calendar year, so it will be effective this year. Mr. Simmons: Okay. Chair Suarez: Thank you. Mr. Simmons: Because there -- it has created a considerable degree of interest that are kind of -- they're kind of waiting for this too. Chair Suarez: Great. Mr. Carswell: Yeah. Mr. Simmons: We try to promote it too because it, you know, helps operationally and promotional wise. I think it just builds a better workforce and especially at a time like this. With the economic downturn that we're under, I think it'll be very helpful to the City long-term. Thank you. Chair Suarez: Thank you. Sir. Anthony Hatten: Anthony Hatten, Local 1907 president, 4011 West Flagler. I'd just like to add if we could do this for like Parks Department too for CDLs to help people in the Parks Department move up, our Public Works. Since we're -- you know, it's going to be a grant for them, I'd like to help out other departments that have, you know, temporaries that are going to be on permanent and then give them the chance to get a CDL license. Chair Suarez: Thank you. Mr. Carswell: I would just add -- and Joe can probably chime in on the history of establishing the scholarship. I believe it was in recognition of the manual and physical labor that many of the people through the Solid Waste Department went through over the years. There are people that I tell you now who have herniated disks, who have bad knees, who take pills just to get up in the morning and take pills just to go to sleep at night. I think Joe has often told me that there are City of Miami Page 39 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 a number of people that shortly after they retire because they've been so beat up -- and I'll let him put it in his own words -- oftentimes they generally pass within about seven years from leaving the Department. So I think -- several years ago there was a moral commitment by the Commission at the time to recognize the physical labor that people went through in operating the Department, so I would ask that we keep it as is, and maybe that's something for future consideration down the road. And I'm -- I don't want to speak on behalf of the -- Mr. Hatten: Okay. Mr. Carswell: -- union president, but I don't know if you want to add to anything to that, Joe. Mr. Hatten: But I don't want -- you know, I'm just saying, if you're going to do a CDL test and you're bringing Solid Waste people in, I would just want to drum in that we could bring Parks people in too and have the opportunity. Chair Suarez: Commissioner Gort. Commissioner Gort: My suggestion is, why don't you put a budget together and let's see how much it is and then we could find the funding. My understanding, this is from recycling, the funding that comes out from the recycling, and that's the money that's being used for that. But I think it's a good idea, anything that we can do to help our employees and existing employees. And I'm very much in -- push for employing people within the City if they qualf, and if we can improve their performance, I think we should be able to help. So try to come up with a budget, okay. Thank you. Chair Suarez: Thank you. Mr. Hatten: Thank you very much. Chair Suarez: Any other member from the public wishing to speak on SR.4? Seeing -- Mr. Simmons: What I did want to say -- Chair Suarez: You have rebuttal? Mr. Simmons: -- I don't know if you guys are aware, this trust fund was established back in the late '80s when Commissioner Gort was on the Commission at that time, and it was efforts that were rewarded as a result of Solid Waste workers collecting recyclables within the City of Miami. All that revenue went into a trust fund. Once the trust fund reached a $1 million balance, the interest off the -- from the $1 million is awarded scholarships annually. There are other venues to address if that's what they want to do, but I think that this should be solely for Solid Waste workers. Parks and Recreation, GSA (General Services Administration), they need to probably come up with their own funding mechanism, what they believe would be important to their people, but I think it should remain for Solid Waste employees. Commissioner Spence -Jones: I agree. Chair Suarez: Thank you. Any other member from the public wishing to speak on this item? Seeing none, the public hearing is closed on SR.4, coming back to this Commission. It's an ordinance. Julie O. Bru (City Attorney): The City of Miami amending Chapter 22 of code -- Priscilla A. Thompson (City Clerk): I'm sorry. I need a mover and a seconder. City of Miami Page 40 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 SR.5 12-00153 City Manager's Office Chair Suarez: I thought there was a mover and a second. Ms. Thompson: Not yet. Chair Suarez: No? Commissioner Gort: Move it. Chair Suarez: Okay. Commissioner Spence -Jones: Second. Chair Suarez: Moved by Commissioner Gort, second by Commissioner Spence -Jones. Ms. Bru: Okay. Chair Suarez: Go ahead. Thank you. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. Chair Suarez: Thank you. Mr. Carswell: Thank you. Chair Suarez: Okay, our lunch recess normally begins at 12 noon, but our ordinance says that it can be at any time deemed appropriate by the City Commission. I have to go. I think Commissioner Sarnoff has to go. I'm more than willing to pass the gavel and let you all keep going 'til noon or we can break until 2 p.m., whatever you prefer. You guys want to keep going or do you want to break 'til 2 p.m.? Commissioner Gort: Break until 2 p.m. Commissioner Spence -Jones: We could break Chair Suarez: Okay, we're going to be in recess until 2 p.m. Thank you. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES', MORE PARTICULARLY BY AMENDING SECTION 10-63 ENTITLED "RESPONSIBILITIES OF OWNERS OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES" TO ADD METALLIC COVERINGS TO THE LIST OF MATERIALS USED TO SECURE BLIGHTED, UNSECURED OR ABANDONED STRUCTURES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 41 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 12-00153 Summary Form SR.pdf 12-00153 Memo - Estimated Costs SR 04/12/12.pdf 12-00153 Estimated Rental Costs SR 04/12/12.pdf 12-00153 Rental of Protection Coverings SR 04/12/12.pdf 12-00153 Calls for Srvc. - 01-01 thru 12-31-10.pdf 12-00153 Calls for Srvc. - 01-01 thru 12-31-11.pdf 12-00153 Legislation (Version 2) 04/12/12.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF ORDINANCES - SECOND READINGS ORDINANCE - FIRST READING FR.1 ORDINANCE First Reading 12-00240 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Facilities 2/ARTICLE IX OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/CITY-OWNED PROPERTY, MORE PARTICULARLY BY CREATING SECTION 2-779, ENTITLED "SIGNS ON CITY -OWNED PROPERTY," TO PERMIT THE PLACEMENT OF OUTDOOR ADVERTISING SIGNS ON CITY OF MIAMI OWNED PROPERTY, SUBJECT TO THE APPROVAL OF THE CITY MANAGER AND THE DIRECTOR OF PLANNING AND ZONING; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00240 Summary Form 04/12/12.pdf 12-00240 Miami21 -Article 4. Table 12 FR/SR.pdf 12-00240 Legislation (Version 2).pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF FIRST READING ORDINANCE RESOLUTIONS RE.1 RESOLUTION 12-00095 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "EMS COUNTY GRANT#C0013 AWARD FISCAL YEAR 2010-2011 (SECOND AND FINAL PAYMENT)", IN AN AMOUNT NOT TO EXCEED $29,988, CONSISTING OF A GRANT APPORTIONED BY MIAMI-DADE COUNTY, FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES ("EMS") PROGRAM ENTITLED "FLORIDA EMS GRANT PROGRAM COUNTIES;" AUTHORIZING THE CITY MANAGER TO EXECUTE LETTER OF UNDERSTANDING/AGREEMENT, IN SUBSTANTIALLY THE ATTACHED City of Miami Page 42 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 FORM, AND ALL NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. 12-00095 Summary Form.pdf 12-00095 Letter - Florida Department of Health.pdf 12-00095 Pre -Resolution - Miami -Dade County.pdf 12-00095 Miami -Dade Legislative Item.pdf 12-00095 Memo - Miami -Dade County.pdf 12-00095 Request for Grant Fund.pdf 12-00095 Legislation.pdf 12-00095 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0081 Chair Suarez: RE.1. Thanks for your patience, Reg. Deputy Chief Reginald Duren: Deputy Fire Chief Reggie Duren. RE. 1 is a resolution establishing a special revenue project, entitled EMS (Emergency Medical Service) County Grant" for fiscal year 2010/'11, in an amount not to exceed $29, 288; grant apportioned by Miami -Dade County from the State of Florida Department of Health. Vice Chair Sarnoff So moved. Commissioner Spence -Jones: Second. Chair Suarez: Been a motion by -- Commissioner Spence -Jones: Sarnoff. Chair Suarez: -- Commissioner Sarnoff -- by Vice Chairman Sarnoff, second by Commissioner Spence -Jones. Any further discussion? Commissioner Carollo: Yeah, discussion. What item are we in? Chair Suarez: We are on RE.1. Vice Chair Sarnoff RE.1. Deputy Chief Duren: RE.1. Commissioner Carollo: Give me a second. Okay. Chair Suarez: Okay. Commissioner Carollo: I'm okay. Chair Suarez: Okay. All in favor, signify by saying aye." The Commission (Collectively): Aye. City of Miami Page 43 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: Any opposition? Passes unanimously. RE.2 RESOLUTION 12-00096 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING GRANT Fire -Rescue FUNDS, IN THE AMOUNT OF $274,888, CONSISTING OF A GRANT AWARDED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA"), UNITED STATES DEPARTMENT OF HOMELAND SECURITY, GRANTS PROGRAM DIRECTORATE, WITH A REQUIRED MATCHING FUND FROM THE CITY OF MIAMI ("CITY"), IN AN AMOUNT NOT TO EXCEED $68,722, FOR A TOTAL AMOUNT OF $343,610, TO PURCHASE PERSONNEL PROTECTIVE EQUIPMENT SUCH AS HAZMAT LEVELA SUITS (CHEMICAL/BIOLOGICAL SUITS), AND EXHAUST EXTRACTION SYSTEMS FOR FIRE STATIONS NO. 2, 4, 7, 8, AND 9, TO SAFELY AND EFFECTIVELY MANAGE FIRE -RELATED EMERGENCIES, AS WELL AS WEATHER RELATED EMERGENCIES, FOR THE PERIOD BEGINNING DECEMBER 23, 2011 THROUGH DECEMBER 22, 2012; ALLOCATING THE CITY'S REQUIRED MATCHING FUNDS, FROM CAPITAL IMPROVEMENT PROJECT B-70418 "FEMA/ASSISTANCE TO FIREFIGHTERS PROGRAM FISCAL YEAR 2011"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND COMPLIANCE OF SAID GRANT. 12-00096 Summary Form.pdf 12-00096 Budgetary ImpactAnalysis.pdf 12-00096 Award Package.pdf 12-00096 Entire Application.pdf 12-00096 Legislation.pdf RE.3 Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0082 Chair Suarez: RE.2. Deputy Chief Reginald Duren (Fire): RE.2 is a resolution of the City Commission accepting grant funds in the amount of 274,000 -- Commissioner Spence -Jones: So moved Chair Suarez: Moved by Commissioner Spence -Jones -- Commissioner Carollo: Second Chair Suarez: -- second by Commissioner Carollo. All in favor, signify by saying i ye. " The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. RESOLUTION City of Miami Page 44 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 12-00098 Department of Fire -Rescue A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM FISCAL YEAR 2011", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $9,356,839, 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 GRANT AWARD AND TO EXECUTE THE FEDERALLY -FUNDED SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD; AUTHORIZING THE CITY MANAGER TO EXTEND SAID UASI GRANT PROGRAM FISCAL YEAR 2011 AS NECESSARY AND TO EXECUTE ANY OTHER RELATED MODIFICATIONS, AMENDMENTS OR EXTENSIONS ON ALL MATTERS EXCEPT THOSE DEALING WITH FUNDING CHANGES; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDA OF AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH ITS CONTIGUOUS PARTNERS, AS STATED HEREIN, SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE, CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED. 12-00098 Summary Form.pdf 12-00098 Legislation.pdf 12-00098 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0083 Chair Suarez: RE.3. Deputy Chief Reginald Duren (Fire): RE.3 is a resolution of the City Commission establishing a new special revenue project entitled "Urban Area Security Initiative " for fiscal year 2011, in the amount of $9,356,839; grant funds are from the State Department of Homeland Security; authorizing the City Manager to accept grant award and to execute the federally funded subgrant agreement; authorizing the City Manager to extend said UASI (Urban Area Security Initiative) program fiscal year 2011, as necessary, and to execute any other related modifications, amendments or extensions on all matters except those dealing with finding; further authorizing the City Manager to execute memorandum of agreements in connection with the development and support of the UASI project. Also, there was a scrivener's error associated with this resolution. Section 5 of the resolution is missing. Palm Beach County as a continuous -- I'm sorry, a contiguous partner. The resolution must be revised to include this contiguous partner -- City of Miami Page 45 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Spence -Jones: Yeah. Deputy Chief Duren: -- detail. Chair Suarez: Thank you. Is there a motion on this? Commissioner Gort: Move it. Vice Chair Sarnoff Move -- Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner Gort, second by Commissioner Spence -Jones. Any discussion? Vice Chair Sarnoff Yes, sir. Chair Suarez: Commissioner -- Vice Chair. Vice Chair Sarnoff Thank you, Mr. Chair. This was something that we had discussed I think over the past two or three years. This is where we were extending the grants on behalf of other municipalities? Chair Suarez: That's correct. Deputy Chief Duren: Well, this is a new grant year we're accepting. Vice Chair Sarnoff Right. Chair Suarez: Right. Vice Chair Sarnoff And -- Deputy Chief Duren: Yes, sir. Vice Chair Sarnoff -- correct me if I'm wrong, we were extending the money to the municipalities prior to collecting ourselves. We were in the process of trying to catch up on that collection. Unfortunately, I asked the City Manager and he never got back to me, and I asked him on Monday what was the status of our collections. Can you give me -- I'm not going to hold -- well -- Deputy Chief Duren: No, I understand your question, sir. Vice Chair Sarnoff Depending upon your answer. Deputy Chief Duren: We got the question. We may have been late in getting a response, and the response is this: We no longer front dollars for any municipality or any county. And presently, we're not indebted to any municipality. We have no fronted dollars that we're liable for. Vice Chair Sarnoff In other words, no municipality owes us money. We've caught up. Deputy Chief Duren: That would be correct, yes. Chair Suarez: Not even for prior years? City of Miami Page 46 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Deputy Chief Duren: Not -- right, correct. Chair Suarez: Really? Deputy Chief Duren: We're caught up. Chair Suarez: One hundred percent? Deputy Chief Duren: Yes. Commissioner Gort: We collect all the funds that -- Chair Suarez: Wow. Commissioner Gort: -- was coming to us? Deputy Chief Duren: Right. All the monies that we've extended -- Commissioner Gort: We had about $4 million. Deputy Chief Duren: Let me make sure you're correct in what I'm you. Vice Chair Sarnoff Remember, a lot of people owed us money. Chair Suarez: That's incredible. Deputy Chief Duren: All the dollars that we had -- Chair Suarez: They were behind 5, 10 million bucks. Vice Chair Sarnoff Exactly. Deputy Chief Duren: -- previously fronted for the various municipalities we've received from the state, so we've been reimbursed completely. Chair Suarez: A hundred percent? Deputy Chief Duren: Yes, sir. Chair Suarez: Wow. Commissioner Gort: Great. Chair Suarez: 'Cause that -- let me tell you, that's a yeoman's effort that you put in because when I first got here, we were like $10 million behind, $15 million behind. Deputy Chief Duren: Well -- Chair Suarez: And I know that you were chopping at it like wood -- Commissioner Gort: (UNINTELLIGIBLE). Chair Suarez: -- you know, like someone chopping down a tree. I mean, it was incredible. City of Miami Page 47 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 RE.4 12-00140 Department of Capital Improvements Program Deputy Chief Duren: Well, let me (UNINTELLIGIBLE), the only exposure we have right now are dollars that we've extended that are City of Miami dollars. Vice Chair Sarnoff Right. Deputy Chief Duren: Okay. Commissioner Gort: Great. Deputy Chief Duren: Yes. Chair Suarez: Okay. Deputy Chief Duren: Zero. Commissioner Gort: Great job. Chair Suarez: Okay, thank you. Deputy Chief Duren: Thank you, sir. Chair Suarez: There's a motion and a second. All in favor, signify by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO THOSE LISTED IN RESOLUTION NO. 12-0050, ADOPTED FEBRUARY 09, 2012, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 12-00140 Summary Form.pdf 12-00140 Legislation.pdf 12-00140 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0084 Chair Suarez: RE.4 Albert Sosa: Albert Sosa, director of Capital Improvements. RE.4 is a resolution amending the capital improvements appropriations. Basically adding new fiords to the capital plan and reprogramming existing funds. The bulk of these items were transfers that were discussed earlier during the FIND (Florida Inland Navigation District) grant discussions. Chair Suarez: Is there a motion? City of Miami Page 48 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 RE.5 12-00141 Department of Capital Improvements Program Commissioner Spence -Jones: So moved. Vice Chair Sarnoff. So moved. Chair Suarez: Moved by Commissioner Spence -Jones, second by Vice Chair Sarnoff. Any discussion? Hearing none, all in favor, signify by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY OF MIAMI'S LAST OPTION TO RENEW THE PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH ATKINS NORTH AMERICA, INC. F/K/A POST BUCKLEY SCHUH & JERNIGAN, INC., FOR AN ADDITIONAL ONE (1) YEAR PERIOD, FOR THE PROVISION OF CAPITAL PROGRAM SUPPORT SERVICES FOR THE MULTI -YEAR CAPITAL IMPROVEMENTS PLAN; AUTHORIZING AN INCREASE TO THE AGREEMENT, IN AN AMOUNT NOT TO EXCEED $650,000, FROM $5,055,886 TO A FINAL NOT TO EXCEED AMOUNT OF $5,705,886; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSES. 12-00141 Summary Form.pdf 12-00141 Pre-Legislation.pdf 12-00141 Capital Prgm. Support Srvcs.pdf 12-00141 Corporate Resolution.pdf 12-00141 CIP - PSA.pdf 12-00141 Legislation.pdf 12-00141 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-12-0085 Chair Suarez: RE.5. Albert Sosa: Albert Sosa, director of Capital Improvements. RE.5 was tabled by Commissioner Carollo earlier. Chair Suarez: Let's wait for him to come back. Let's just keep going and wait for him to come back. [Later...] Chair Suarez: Is there any other pocket items? Is there any other --? Well -- Commissioner Carollo: I think there's an item. I don't know if we've taken up RE.5, I think. Johnny Martinez (City Manager): Five. City of Miami Page 49 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: RE.5 we're missing, that's true. Commissioner Carollo: Yeah, RE.5. And my issue with RE.5, we're asking from an additional $650, 000. Every time -- and again, once we start asking for these large amounts of monies, you know, I have to say, why, you know. I just -- again, I'm uncomfortable, especially when I've said in the past that I really feel -- unfortunately, (UNINTELLIGIBLE) a lot with CIP (Capital Improvement Programs), you know, monies being spent left and right and I don't know if we're being as cautious as we could be or as efficient with our funding as we could be 'cause they come up and they say hey, we need an additional $650, 000 because these engineers or these, I don't know, architects or whatever needs to do this or need to do that, and for your projects, do you want your projects to be done and -- Chair Suarez: Let me -- Commissioner Carollo: -- you know, we're -- Chair Suarez: Do you mind ifI jump in on that? Commissioner Carollo: Yeah, absolutely. Chair Suarez: 'Cause I wanted to say something that -- it's something that -- and I think I've said it before, but I'll repeat it. I was shocked to learn that when we go out a competitive process for engineers or for -- I think it's for architects or engineers, state statute prohibits us from making price the determining factor. In other words, it's not like you could say minimal qualifications are X,"and then you guys, you know, battle it out and -- which, to me, makes all the sense in the world. You can say minimum qualifications for a law firm, if we're going to hire a law firm, or you have to have a firm that has so many years in existence, so many lawyers, so much book of business, whatever, and then go at it and compete for, you know, who's willing to work for, you know, cheaper basically. I think state statute prevents us from doing that and that, to me, probably cost us -- God knows what that cost us in terms of -- could be -- God knows. I don't even want to speculate. I can -- it's got to be at least 20 percent. I mean, just out of competition, it's got to be at least 20 percent on those fees. Commissioner Carollo: Anyhow, again, so that's why I'm bringing up the issue. It's another amount, 650, 000, and I'm, you know -- Chair Suarez: Do you agree with what I just said? Albert Sosa: Albert Sosa, director of Capital Improvements. The CCNA, which is the Consultant Competitive Negotiation Act, in the Florida statutes does state exactly what you said. Selections for architectural and engineering consultants has to be made on the basis of qualifications and not on the basis of price. Chair Suarez: That's crazy. Mr. Sosa: And surveyors and landscape architectures. There's different categories that fall in there. Chair Suarez: Yeah. We should pass a resolution to that amend that states statute. And -- I know. It'll never happen, huh. The lobbyists will block it completely. That'll be it. All right. Mr. Sosa: So -- Chair Suarez: Well, I think we should consider it in our legislative priorities for next year. City of Miami Page 50 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Johnny Martinez (City Manager): And attorneys are not part of that Consultant Competitive Negotiation Act; therefore, you can pick attorneys and -- Chair Suarez: Right. Mr. Martinez: -- and law firms and things like that. Chair Suarez: But I'm saying, I don't see why engineers or architects are any different. I mean, you know, at the end of the day, you know, as long as they have the qual -- certain qualifications or whatever they are, they should be able to battle it out on price and that could probably save us 10, 20 percent, I mean, easily for sure, if not more. Anything else on this issue? Is there a motion? Vice Chair Sarnoff So moved. Chair Suarez: Moved by Commissioner Sarnoff. Is there a second? Not going to second it? Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. Commissioner Carollo: What -- hold on. Discuss -- second for discussion. Chair Suarez: Sure. Commissioner Carollo: What alternatives do we have? Mr. Sosa: This is the third and final renewal option on this contract. Concurrently with this in the next few months, I will be advertising a new contract for these types of services. We use these services from this consultant to supplement our in-house staff when we do not have the need for a full-time person to help us and/or we don't have the expertise in-house. It happens from time to time. It helps us manage our peaks and valleys and our workload and ultimately, it renders a more efficient and a cheaper alternative to the City than we would otherwise have if we tried to staff fully for all these needs. So in -- the short answer is there's not an immediate alternative. In the long run, we would have to staff up and that, I don't think, is something that this board is looking for. Chair Suarez: Thank you. There's a motion and a second. All in favor, sign by saying Eye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. RE.6 RESOLUTION 12-00143 BayfrontPark A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management Trust ATTACHMENT(S), AUTHORIZING THE EXECUTIVE DIRECTOR OF THE BAYFRONT PARK MANAGEMENT TRUST TO EXECUTE A CONCESSION LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE BAYFRONT MANAGEMENT TRUST AND CONWAY TOURS, INC. D/B/A BIG BUS TOURS/GRAY LINE, A FLORIDA LIMITED LIABILITY COMPANY, FOR TOUR BUS OPERATION SERVICES, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. City of Miami Page 51 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 12-00143 Summary Form.pdf 12-00143 Legislation.pdf 12-00143 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-12-0072 Chair Suarez: Mr. Schmand, do you want to come up and speak on RE. 6? We're done with RE.7, just so you can -- we can get you. I know how busy you are and I know you need to get back to the Trust and make sure everything's functioning properly. Tim Schmand: Thank you very much. Tim Schmand, Bayfront Park Management Trust, 301 North Biscayne Boulevard. The item, RE.6, is a resolution authorizing the Bayfront Park Management Trust to enter into an agreement with Gray Line/Big Bus Company. They are the double-decker tour buses that you now see all around Miami. Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Gort, second by Commissioner Carollo. Any further discussion? All in favor, signify by saying aye." " The Commission (Collectively): Aye. Chair Suarez: RE.6passes unanimously. Mr. Schmand: Thank you very much. Chair Suarez: The Commissioners -- Commissioner Gort: Mr. Chairman. Chair Suarez: -- that are here on the dais. RE.7 RESOLUTION 12-00144 Bayfront Park A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management Trust ATTACHMENT(S), AUTHORIZING THE EXECUTIVE DIRECTOR OF THE BAYFRONT MANAGEMENT TRUST TO EXECUTE A BICENTENNIAL PARK USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE BAYFRONT PARK MANAGEMENT TRUST AND V 0 R MIAMI, INC., A FLORIDA NON-PROFIT CORPORATION, FOR THE 2012 VOLVO OCEAN RACE, TAKING PLACE IN BICENTENNIAL PARK FROM APRIL29, 2012 THROUGH MAY 26, 2012, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT, IN ACCORDANCE WITH RESOLUTION NO. 10-0270, ADOPTED JUNE 24, 2010, AUTHORIZING THE NEGOTIATION OF SAID AGREEMENT TO BE BROUGHT BACK TO THE CITY COMMISSION FOR APPROVAL. City of Miami Page 52 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 12-00144 Summary Form.pdf 12-00144 Legislation.pdf 12-00144 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0070 Chair Suarez: Like to have another time certain item, the Volvo Ocean Race. Is anyone here from the Volvo Ocean Race? It was an 11 o'clock time certain item. Commissioner Spence -Jones: What is the item? Chair Suarez: Volvo Ocean Race. Someone had asked for an 11 o'clock time certain. Volvo Ocean. Is this Volvo Ocean? Unidentified Speaker: Yes. Chair Suarez: Okay, please. Commissioner Spence -Jones: What is -- what's the -- SR (Second Reading) -- Chair Suarez: It is -- excuse me -- RE.7, RE.7. Hi. Sir, you are recognized as soon as you -- I don't know if the Administration wants to make their presentation first on the resolution and then have them speak. Commissioner Spence -Jones: Mr. Chairman, can I ask a question from the Administration? Chair Suarez: Yes, Commissioner. Commissioner Spence -Jones: Do we have a issue with this item? Is this -- does the Administration have an issue with this item? Not at all. This is going to provide jobs, people in hotels, people eating. Chair Suarez: Yep. Commissioner Spence -Jones: I don't know if it even requires that, you know, but if they feel they need to do it -- I mean, the more events that we have like this -- Chair Suarez: Do you want to move it? Commissioner Spence -Jones: So moved. Chair Suarez: Moved by -- Commissioner Gort: Second. Chair Suarez: -- by Commissioner Spence -Jones, seconded by Commissioner Gort. Commissioner Carollo: What are we moving? Commissioner Gort: Volvo. City of Miami Page 53 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: RE.7, which is the -- Commissioner Spence -Jones: Volvo. Chair Suarez: -- Volvo Ocean Race. All in favor, signifir by saying Eye." The Commission (Collectively): Aye. Passes unanimously. Commissioner Carollo: Mr. Chairman. Chair Suarez: You don't need to make a presentation. Commissioner, go ahead, you're recognized. Commissioner Carollo: Yes. I believe Mr. Schmand is here from the Bayfront Park. This is an item that if he's here, can we just hear that too? Chair Suarez: Sure. Commissioner Carollo: I believe this is -- Chair Suarez: Passed. Commissioner Spence -Jones: Okay. Chair Suarez: Unanimously. Commissioner Spence -Jones: I mean, I -- I think you stepped off of the dais. I mean, we -- I think -- and I asked the Administration if they have an issue or problem with it and they don't. I mean, for us it's about jobs, it's about people being in hotels, it's about restaurants benefiting from it. We support it 100 percent. If you can bring us 10 more, please bring them 'cause we need them for the City. So you already got the support on it. I don't -- unless there's something else you want to tell us that's going to wow us on it, but we support you. Bring more. Stop -- keep coming. Donald Poole: I want to make your day and show you what you're supporting. Commissioner Spence -Jones: Okay. Chair Suarez: Go ahead. Commissioner Spence -Jones: Go ahead. Mr. Poole: My name is Don Poole. I live at 2575 South Bayshore Drive, and I'm the president of volvooceanracemiami. org. I promise not to take more than ten to fifteen minutes, and I hope that when I'm finished, you all will be very excited about something that's going to happen in our city. I want to show you this video -- it's only three minutes long -- just to give you a sense. There's a lot of good noise associated with this, but basically, it'll give you a sense of -- Chair Suarez: Excuse me. Hold on one second, sir. If you can speak into that microphone that they're about to give you -- Mr. Poole: Oh, I'm sorry. Chair Suarez: -- or there's one behind you. You have a portable. City of Miami Page 54 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Mr. Poole: Okay. Chair Suarez: There you go. Mr. Poole: How's that, better? Chair Suarez: Much better. Mr. Poole: Thank you very much. Anyhow, the race started in Spain last November, and the boats are two days out of Auckland, New Zealand, and they are due in Miami on May 6. In a minute, this is just to give you a sense of what the race is about and when this is over -- and you'll see Miami in a minute -- I will give you a briefPowerPoint presentation about how the Volvo Ocean Race will be handled in Miami. (At this time an audio -video presentation was made) Mr. Poole: I apologize for the lack of sound. Chair Suarez: That's all right. Technical difficulties. Commissioner Carollo: Do we need IT (Information Technology)? Chair Suarez: No, it's fine. IT was there. Mr. Poole: Okay, here we go. Okay, the event is the Volvo Ocean Race. It's the most prestigious race in the world. It has been in existence for 37 years. Two gentlemen at a pub in England sat down and made a bet with each other that who could go around the world the fastest and they've been racing basically every three or four years for the last 37 years. In 2000 -- around 2000, Volvo bought the rights to the race from Whitbread and the first time Volvo staged it, it came to Miami. It was a very small event on two and a half acres behind the American Airlines Arena and it was not publicized very well and so most people didn't know it happened. At that time Volvo actually visited three US (Unites States) ports. As I indicated, the race started in Spain in October and they will visit ten ports in ten different countries, and very important, downtown Miami, it is the only North American stopover. This is the route of the race. They are now approaching New Zealand, from New Zealand to Brazil and then Brazil to Miami, expected arrival May 6. From then they will leave to go to Portugal, France, and finish in Ireland in July. These are the six boats in the race. Camper on your left is a Spanish shoe company but a New Zealand boat, Groupama is a French boat; Abu Dhabi, Telefonica is Spanish; Sanya, Chinese; and the American Flag boat, PUMA, which has on board as its sailing the (UNINTELLIGIBLE) of both the Biscayne Bay Yacht Club and the Coral Reef Yacht Club, and they are what we have adopted as our home team boat. Just to give you an idea of the magnitude of this, each sponsor of each one of these teams has invested in excess of $50 million to complete this race. These are the kind of global exposures this race gets. It's much bigger in Europe and in Asia than it is in the U.S, but hopefully by the time we get finished, that's going to begin to change. You can see that the online attention and the television revenue is huge. Our event is free and open to the public and will be in Bicentennial Park. Statistics from the Volvo Ocean Race are that, by and large, people who are interested in this are fairly high -earning groups. Sixty percent of the race, its closest following are senior managers, but most importantly and more so down below, 64 percent of the spectators that visit the race villages have had no prior interest in sailing. Thirty-five percent of the attendees are from outside the tri-county area and 76 percent of the international visits are more than likely to return to their host city. We have a target of 7,000 hotel rooms, and Volvo/North America alone is bringing 900 people for four nights, so we're halfway there just with Volvo. As I indicated, it's the only stopover. It's a two -week long festival in Bicentennial Park, combining food, music, art and family fun, live music concerts, and a village with all kinds of attractions and pavilions. And we're being overwhelmed with people City of Miami Page 55 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 from Europe who want to be entertained in our VIP (Very Important Person) facilities. This is an early model of our race village. We're going to shrink it down and make it a little tighter, but these yellow buildings you see around the circle are pavilions. By the teams and the sponsors, we are going to have 100 antique cars there for two days and there a lot of attractions, some of which I'll talk about in a minute. Here they are. These are the things that Volvo brings. There is a 3D cinema, a balls -- thing for kids to ride in, the PUMA pavilion, the race simulator. There are -- We will be getting 140 containers from Auckland, New Zealand, that contain -- brings all this stuff to us. This is our schedule of events. The boats will arrive on Sunday hopefully. They are sailboats. During the first -- well, during the two weeks, through the courtesy of the Big Blue & You Foundation, they're going to pay for it. We're going to bring in 250 school kids a day during the open weekend days. In the middle weekend, we're going to have speedboat racing, national optimist team racing, the antique car show, a big Mother's Day Festival, and then as we get later in the week, we're very excited to tell you that Good Morning America is going to do their Friday morning broadcast live out of our park. Another big first is that on Saturday, when they have the import race, which is actually off of South Beach, for the first time ever Fox Sports is going to televise the race live almost across the entire country. That's never been done in the U.S. before. And then on Sunday, we have the leg start to Lisbon. You see in the bottom line there the event called Try Sailing. People can come to the village and we'll take them free out to ride on a sailboat. And if everything -- if the Heat pays attention to their business and takes care of the playoff, we'll have playoff games going on next door while we have our park opened. These are our media partners: Fox Sports, Good Morning America, Telemundo, Miami Herald, New York Times, Sailing World Magazine, Miami Magazine. And actually, Volvo Ocean Race, the parent corp., is very unhappy with us because we have a -- just a spectacular young lady who knows how to put more stuff out on Facebook than anybody else and Volvo Ocean Race Miami Facebook page is now dominating the airwaves about the race. This is the kind of coverage we've been getting in the Herald. This was last spring when PUMA was here on a test run. These are the kind of things that are appearing in the Herald. And this is a very important part. Volvo Ocean Race Miami, Inc. is a 501(c)3 non -for -profit corporation. The officers and directors of Volvo Ocean Race Miami, Inc. are all volunteers. None of us are going to see a penny out of this. In fact, our bylaws stipulate that none of us are allowed to. So nobody that's involved in this is in it to make money. We have a legacy; anything that we generate over and above the cost to put it on will be donate -- earmarked for youth sailing programs, preservation of the ocean, and water sports access for people with disabilities. This is our web site. If you want to know more about what's going on, you can go to volvooceanracemiami. org. This is volvooceanrace.com, and at this very minute, if you want to see what's going on in the race, click on it and you'll see the box to the right, it'll tell you where everybody is, how fast they're going, and when they're expected to get to Auckland. You can also get to this click -on page. It shows you where they are in the world, what the wind speed is, and what they're doing. I think at any given time the attendance on that web site -- what would you say daily attendance is? A hundred thousand. That's our story. Chair Suarez: Thank you, sir. Mr. Poole: Just very quickly, ifI might, I'd like to recognize people from the City who have made such a big difference to us. Commissioner Marc Sarnoff and his staff, who were instrumental in helping Miami win the bid; Tim Schmand and his team at Bayfront Trust; Miami Exhibition & Sports Authority, who provided us with our seed money; Downtown Development Authority, Tourist Development Council, and Florida Inland Navigation District; also Miami -Dade Sports Commission, Greater Miami Convention and Business [sic] Bureau, Miami Parking Authority, and both the port and the airport have been solid backers. We have the funding to put on a wonderful event. What we'd really like to do is to have more financial support which would allow us to promote this event in both print, radio and media. Any additional funding that we can realize because of reduced fees for such things as permitting, rental expenses or other grants will be immediately committed to that end. For example, the cost alone for permitting of installing our docks, allowing just for the docks in excess of $10, 000. City of Miami Page 56 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 That's the crux of my event. Chair Suarez: Thank you, sir. Mr. Poole: And I thank you all for listening too. Chair Suarez: Thank you. [Later...] Chair Suarez: Yes, Commissioner Gort. Commissioner Gort: Commissioner Sarnoff, I want to thank you for bringing this race to Miami. I think it's going to be one of the greatest event that we're going to have in Miami, and thank you all for the work you're doing. Chair Suarez: Thank you. Commissioner Gort: Thank you. Vice Chair Sarnoff Just make us proud. Chair Suarez: Yeah. Vice Chair Sarnoff. Everybody out there, make us proud. Chair Suarez: Yeah, yeah, yeah. Awesome. Thank you. RE.8 RESOLUTION 12-00149 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING A CONTRIBUTION TO THE PEOPLE UNITED TO LEAD THE STRUGGLE FOR EQUALITY, INC. (P.U.L.S.E.) "HOTSPOT" CAMPAIGN, IN AN AMOUNT NOT TO EXCEED $25,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NO. 1169, PROJECT NUMBER 19-690001 AND ACCOUNT CODE NO. 12500.191602.883000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 12-00149 Summary Form.pdf 12-00149 Legislation.pdf 12-00149 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0073 Chair Suarez: I see executive director of PULSE (People United to Lead the Struggle for Equality) here and I was wondering if maybe you wanted to take your item up so you didn't have to wait around all day? You want to come up? Come on up. RE.8. City of Miami Page 57 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Manuel Orosa: Manny Orosa, Chief of Police. Commissioner, RE.8 is basically funding from LETF (Law Enforcement Trust Fund) funds for PULSE for their Hot Spot campaign. Basically, we have a particular situation in a segment of our community that's afraid to come forward and give information specifically on crimes in general but more specifically in shootings, and basically, we need the community's help to gather that information so we can prosecute these people that are out there shooting up and killing our youths. So that's part of -- part of what LETF funds are used is for community groups to help the police and this is part of that. Chair Suarez: Thank you, Chief. Coming back to the Commission, is there a motion? Commissioner Gort: Move it. Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner Spence -Jones, second by Commissioner Gort. Before taking a vote, I just want to say that this is a very important program in the City of Miami, and I commend both PULSE and the police chief for collaborating to get this done. All in favor, signify by saying "aye" -- oh, I'm sorry. Commissioner Spence -Jones: Aye, but I just have one -- Chair Suarez: Okay. Well, let's vote. All in favor, signifir by saying Eye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. Chief let me just say, first of all, I want to thank the Commission for supporting this. Actually, the Hot Spots campaign, actually it was birthed even before I got on the Commission. It has become -- it was a very important tool to get residents to actually report crimes that were happening in the area. It's not just for District 5, but it's for all the districts. These cards are actually put in NET (Neighborhood Enhancement Team) offices, in community -based organizations, in parks to make sure that actually people actually report these crimes. I don't even have to tell you 'cause I'm sure you've seen it on the news almost daily -- I feel like I get a shooting in my district every day. It's feeling that way. But what I -- one of the things that we are working together on is coming up with another method to report beyond -- besides the card, so the cards will be -- 'cause most of your seniors and stable residents will, you know, fill out a card, but young people are into texting. And if we can get them to focus on -- if they see a drive -by or they see someone doing something wrong and they text it, to me I think we'll be able to have -- 'cause most of the shootings are youth -related so you know, a lot of them are not going to put their -- I'm -- they're just not going to put their John Hancock on a card, I'm just telling you. That's -- for us to ask them to do that -- So one of the initiatives that we want to try to expand the program to is to get young people to get involved in texting, and you really don't have to identify who you are. You can just give the information. So I'm very excited about that initiative. And, Chief thank you so much for supporting us and trying to figure out a way to work with us to make sure that that gets done. Chair Suarez: Thank you. Mr. Orosa: And Commissioner, that -- part of that texting initiative, we can have some type of number where people can text through either PULSE or the police department as -- I don't care who gets credit, as long as we get the information and we can put somebody in jail for a crime they commit. Chair Suarez: Thank you, Chief. City of Miami Page 58 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Spence -Jones: Thank you. Chair Suarez: Yeah. We're doing that in my district -- Commissioner Spence -Jones: Oh, you are? Chair Suarez: -- the texting. Yeah. Commissioner Spence -Jones: Okay, good. Chair Suarez: We have a -- our homeowners associations created a text group, and any time there's a suspicious person, any time there's anything that's out of the ordinary, a text is sent, everyone gets it instantly, and I forward it to the area commander, who's been, you know, following up on everything very, very expeditiously. Commissioner Spence -Jones: So if you -- Chief, if you can definitely get with whoever that neighborhood association -- Chair Suarez: Sure. Commissioner Spence -Jones: -- is, that would be awesome. Mr. Orosa: Will do. Chair Suarez: You want to come up and say something real quick? Mr. Wilcox, you're recognized. Nathaniel Wilcox: Nathaniel Wilcox, executive director of PULSE, 150 Northeast 19th Street. One of the component that we're very concerned about is the Nuisance Abatement Board because many times in our communities when these drug holes, abandoned buildings are being used by the criminal element and with the Nuisance Abatement Board not being in full operation, some of the commanders have come to us in our meetings and saying, well, we're trying to get into a Nuisance Abatement Board, but they're not operating. So it's very important that this Commission kick this board into full gear so that a lot of these drug holes can be closed down and that will also eliminate a lot of shootings and gang activities. Chair Suarez: Thank you. Commissioner Spence -Jones: I think -- one of the Commissioners bring up the Nuisance -- who brought up the Nuisance --? Commissioner Gort: You being -- Commissioner Sarnoff -- Commissioner Spence -Jones: You brought up the -- Commissioner Gort: -- and myself, we were bringing it up because that's -- Commissioner Spence -Jones: And what was the problem? Commissioner Gort: Board members. Commissioner Spence -Jones: Was I part of the problem? Commissioner Gort: Board members. City of Miami Page 59 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Spence -Jones: Oh, I'm sorry. Chair Suarez: Yes, Madam Clerk. Priscilla A. Thompson (City Clerk): Just to give you some insight and remind you at the last meeting, yes, the issue of the Nuisance Abatement Board was brought -- it was discussed at that time. They didn't have a quorum. You, Commissioner Spence -Jones, made your appointment. We have notified them, so now they can move forward. Commissioner Spence -Jones: Okay, great. Chair Suarez: Thank you. Vice Chair Sarnoff. Is it fully op -- in other words, has every Commissioner put somebody on it? Ms. Thompson: It is -- all positions have not been filled yet. Commissioner Spence -Jones: Which Commissioner? Ms. Thompson: Hold on a second. Commissioner Spence -Jones: Well, we should know who we didn't -- Ms. Thompson: Here you go. Commissioner Spence -Jones: Did you appoint, Commissioner Gort? Commissioner Gort: Yeah, a long time ago. Ms. Thompson: If I might. We have an item on our Board [sic] and Committees today -- Vice Chair Sarnoff. Today. Ms. Thompson: -- for appoint -- reappointments and appointments and we have two -- I'm sorry. Actually, at this point it's one vacant slot, okay, so that appointment would be left to be made by the Commissioner today. Commissioner Spence -Jones: Which Commissioner so we're clear? Ms. Thompson: Commissioner Carollo. He has a vacancy. Commissioner Spence -Jones: But we still could move with four, right? Ms. Thompson: Yes, you have quorum now. Commissioner Carollo: Yes. Commissioner Spence -Jones: Yeah. Commissioner Carollo: You have a quorum. Commissioner Spence -Jones: Okay. Chair Suarez: Thank you. Okay. City of Miami Page 60 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Vice Chair Sarnoff Mr. Chair. Chair Suarez: Yes, Commissioner, you're recognized. Vice Chair, I'm sorry. Vice Chair Sarnoff Yeah. Thank you. Commissioner Spence -Jones, I bring this to bear to you Commissioner Spence -Jones: Sure. Vice Chair Sarnoff -- 'cause I don't get to talk to you about anything, especially if (UNINTELLIGIBLE) come on the dais. When Gabby Giffords was shot -- I think most people know about her shooting, and I don't know if anyone knows the particulars of it -- but the man who had it, I think he had a 16-clip 40 caliber glock. He was about to reload, and it was a -- I think a 72-year-old woman who knocked the gun out of his hands with her pocketbook and sort of tackled his arm down. Had he reloaded, the devastation would have been significantly more. And they asked the woman why she would take such a risk? Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff And she essentially said I've lived my life. I've had a great life. A lot of young people were being killed. If that was the way I was to go, then so be it. Commissioner Spence -Jones: Wow. Vice Chair Sarnoff Now, the reason I bring this to you to bear -- first off my heart goes out to you and your community because of violence, and I always thought the solution would come from the youth itself. I'm not absolutely sure the solution -- and there may be more than one solution. But I'm not absolutely sure the solution will come from the youth. What I would say to your community is if you're in your '70s, you've seen a crime committed, stand up. Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff Say something. I'm not saying you've lived your life to completion -- Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff -- but you certainly have -- what is the old saying, there are more days behind you than there are in front of you. Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff If somebody doesn't stand up in your community and speak out and call out who did the shooting, you know what that does to the police, you know what the ability it does to do away with that crime. It's practically just nothing ever happens. But if you have a person that's saying I'm standing up right here right now -- and I think it's going to come from the senior citizens, because I think what that woman said for Gabrielle Giffords should be said in your community -- Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff -- and speak in volumes, and I just bring that to bear for you because I understand you want to text and I understand people want to remain anonymous, but it's -- the solution's going to come from not anonymity. The solution is going to come from courage and courage, I think, is going to come from experience in life. City of Miami Page 61 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Spence -Jones: Yeah. I think it's a combination of both, and I appreciate your input on it. And it's true, I think that the challenge that I have in my district -- my street alone, I've had five shootings. I'm talking about on my street. You know, I'm the district Commissioner. Two fatalities, two people died. Literally my son -- six -year -old son comes out of his house and there's a car shot up 17 times on my way going to church on a Sunday morning. That's what my kid had to see, you know. And the reality of our young people -- and we talk about all this time with Minister Wilcox -- is for whatever reason, this has almost become in our -- in my district almost like a -- I hate to say that when a young person is shot, it almost becomes like a mini little celebration, like literally it becomes I have to buy the candles, I have to buy the Teddy bear. I mean, it's -- I mean, to hear young people, what they talk about to see a -- their 16-year-old, 15-year-old friend die, it's not really even about oh, I'm losing the friends. It's oh, we're going to come together to celebrate that person's death. There's something very wrong with what -- to me, it's a mindset change. It is truly a mindset change. It's not having value for someone's life, you know. And I think that it's a combination of things that we have to do. Young people need opportunities. They need jobs, they need to be trained, all those things. A lot of those things are lacking now in the neighborhoods. So I think that their approach right now -- these young people don't want anybody to know who they are, you know, and ifI can get at least a certain segment of them willing to text and at least get the -- you know, let people know little things, then at least that's a step in the right direction of us trying to get to the bottom of the issue. I just -- I don't know what else to do, you know. I mean, when it can happen on my block, you know, and -- you know, so -- you know, my mother's -- I'm going to shut up after this. And I don't want to take anything away from the chief 'cause, Chief this actually didn't happen -- I think this was when you were just becoming a chief. But Chief has been very responsive, I have to say this guys. I mean, literally, he's out there in the streets in Liberty Square, in Liberty City, you know, in Overtown, and we have seen a reduction, definitely in Overtown, in the crime so I want to commend you for that. So I know you're doing everything you can do, but it is a community responsibility. It's us changing the mindsets of these young people so that they understand and begin to value life 'cause right now it's just not happening. So with that being said, I thank you and appreciate your support on that. But part of it is is changing the mindsets of the young people. Chair Suarez: Commissioner Gort. Commissioner Gort: Let me tell you, one of the things that I'm doing -- and I receive at least ten or fifteen e-mails (electronic) every day and phone calls, people -- and when I go to the community -- we do have community meetings where we bring the citizens in with the police and we ask them, let us know anything that you see that could happen before it happens. Let's be preventive. Let us know anything that takes place. Send us an e-mail. Call us. You don't have to give us your name or anything like that, but let us know any activities taking place that you think is illegal activity that's taking place so we can tell the police. And I have to tell you, the commanders in the area and the NET office are really working real close with us. I mean, they're taking care of -- we are able to prevent a few crimes. Chair Suarez: Thank you. Commissioner Spence -Jones: And I'm going to say this and I'm going to shut up on this after this. The one thing I do want to say, you know, when you have the Hot Spots card, it takes an extra step -- it takes a step to go to the NET to get the card. It takes the step of taking the card and then mailing it in or dropping it off. Young people just aren't going to take three or four steps. For them, we got to make it quick and easy for them. It's -- I see something happen, I'm emotional; you know, my cousin, my friend has been affected. I know this text number; I'm going to text it right now. I'm not thinking about what the repercussions are ifI text. But ifI got to take a card, fill it out, take it to place, somebody might see me dropping it off, it's a lot of steps. I think the texting part of this -- And then I believe through the county side of it, which I'm very City of Miami Page 62 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 RE.9 12-00097 Department of Capital Improvements Program excited about -- they have some sort of bounty, so any -- to my understanding, any time you text, if it leads to the arrest of someone, you get a prize of it so -- not a prize. Is it a prize? It's called prize, right? Chair Suarez: A reward. Commissioner Spence -Jones: A reward, I'm sorry. A reward. Mr. Orosa: Money. Commissioner Spence -Jones: Money, okay. Mr. Orosa: Check basically. Commissioner Spence -Jones: So I'm really trying to tie that part of it in 'cause unfortunately money sometimes is a what? Chair Suarez: Motivator. Commissioner Spence -Jones: Thank you. Chair Suarez: Thank you, Commissioner. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO FILE A NOTICE OF QUIET ZONE ESTABLISHMENT, WITH THE FEDERAL RAILROAD ADMINISTRATION, IN SUBSTANTIALLY THE ATTACHED FORM, ALONG THE FLORIDA EAST COAST RAILWAY BETWEEN THE PORT OF MIAMI AND NORTHWEST 71 STREET, MIAMI, FLORIDA. 12-00097 Summary Form.pdf 12-00097 Establishment - Railroad Quiet Zone.pdf 12-00097 Legislation.pdf 12-00097 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0086 Chair Suarez: RE.9. Albert Sosa (Director, Capital Improvements Program): That's me again. Albert Sosa -- Vice Chair Sarnoff. Quiet zone. Mr. Sosa: -- director of Capital Improvements. This -- Commissioner Spence -Jones: So moved. City of Miami Page 63 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 RE.10 11-01191 Department of Capital Improvements Program Chair Suarez: Moved by Commissioner Spence -Jones -- Vice Chair Sarnoff.: Second. Chair Suarez: -- second by Commissioner Sarnoff. I like this. This is a good pace. Commissioner Gort: Discussion. Chair Suarez: Of course. Commissioner Gort: Discussion. Chair Suarez: Commissioner Gort, you're recognized. Commissioner Gort: I have a major problem with the -- and I know we can't take it at this, but my understanding is we created in the -- at the quiet zone, okay. I'd like to after we get this one done, request the same thing for Allapattah where you have the train going by four and five in the morning. And at night when you blow that whistle that travels miles, and I get a lot of complaints on that. So I'd like to establish that same zone in my area. Mr. Sosa: We're in 100 percent agreement. And once we tackle this one, I think it's very worthwhile to continue that process with a different CSX (Chessie Seaboard Express) and FEC (Florida East Coast) lines that are in our urban area. Commissioner Gort: Thank you. Chair Suarez: I've lived -- before we vote on this, I've lived once next to a railroad when I was doing a summer internship as a law clerk. You never get used to it. When you're sleeping, you're Commissioner Gort: You can't -- Chair Suarez: You never used to it. Commissioner Gort: Especially at four or five in the morning. Chair Suarez: Yeah. And you just never do. Any -- no matter how tired you are. All in favor, signify by saying aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING , IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND MIAMI-DADE COUNTY ("COUNTY"), THE CITY OF MIAMI ("CITY"), THE CITY OF WEST MIAMI ("WEST MIAMI"), AND THE CITY OF SWEETWATER ("SWEETWATER", WITH THE COUNTY, THE CITY , WEST MIAMI, AND SWEETWATER BEING COLLECTIVELY REFERRED TO AS THE "LOCAL GOVERNMENTS"), DEFINING THE City of Miami Page 64 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 PROCESSES FOR COOPERATION IN THE OPERATION OF MAIN PUMP STATION PUMPS DISCHARGING INTO THE C-4 CANAL, IN ORDER TO REDUCE POTENTIAL FLOODING AND ADVERSE WATER QUANTITY IMPACTS WITHIN THE GEOGRAPHIC AREAS OF THE LOCAL GOVERNMENTS, THE C-4 BASIN, AND DOWNSTREAM AREAS, FORA TEN (10) YEAR INITIAL PERIOD WITH ONE (1) OPTION TO RENEW FOR AN ADDITIONAL TEN (10) YEAR PERIOD UPON MUTUAL WRITTEN CONSENT OF ALL PARTIES. 11-01191 Summary Form.pdf 11-01191 Legislation.pdf 11-01191 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0087 Chair Suarez: RE.10. I'm sorry. Albert Sosa: Albert Sosa, director of Capital Improvements. RE.10 is a resolution authorizing the City Manager to execute memorandum of understanding with the South Florida Water Management District, Miami -Dade County, City of West Miami, and City of Sweetwater, defining the operations of the storm water pumping stations discharging into the C-4 canal. Vice Chair Sarnoff So moved. Chair Suarez: Moved by Vice Chair Sarnoff -- Commissioner Spence -Jones: Second. Commissioner Gort: Second for discussion. Chair Suarez: -- second by Commissioner Spence Jones. Commissioner Gort. Commissioner Gort: Once again, it was mentioned before, that area next to the river with Commissioner Carollo and myself (UNINTELLIGIBLE) that area, we do have a lot of water comes into the neighborhood residents. I want to make sure that we have certain control on how this is going to be disposed, the water, where is it going to go and so on. Mr. Sosa: Yeah, absolutely. This agreement establishes the ground rules by which the different municipalities and agencies that pump into the C-4 canal by which we operate to prevent that kind of damaging -- pumping by one entity versus another, so it does establish ground rules by which we would all operate our pumping stations to prevent that kind of issue. Chair Suarez: Thank you. Any further questions? Okay. Well just wait on Commissioner Gort. Commissioner Spence -Jones: (UNINTELLIGIBLE). Chair Suarez: Yeah, it's been moved and second. I just want to make sure he's finished. Are you finish, Commissioner, or you still need a little bit more? You need -- Commissioner Gort: Yeah, I'm fine. City of Miami Page 65 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 RE.11 12-00200 Department of Capital Improvements Program Chair Suarez: Okay. All in favor, signify by saying c ye. " The Commission (Collectively): Aye. Chair Suarez: RE.10 passes unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT PERPETUAL SIDEWALK EASEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, FROM THE PROPERTY OWNERS LISTED ON "EXHIBIT A", ATTACHED AND INCORPORATED, THEREBY ALLOWING THE CITY OF MIAMI ACCESS AND USE OF SAID PROPERTIES FOR THE CONSTRUCTION AND MAINTENANCE OF VARIOUS ONGOING CAPITAL IMPROVEMENT PROJECTS. 12-00200 Summary Form.pdf 12-00200 Legislation.pdf 12-00200 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0088 Chair Suarez: RE.11 Albert Sosa: Albert Sosa, director of Capital Improvements. RE.11 is a resolution authorizing the City Manager to accept perpetual easements from various property owners along our capital projects. Typically, they're to implement sidewalks where there's missing sidewalks (UNINTELLIGIBLE) the property owner owns all the way to the street. Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner Spence -Jones -- Vice Chair Sarnoff. Second. Commissioner Spence -Jones: Discussion though. Chair Suarez: -- second by Vice Chair Sarnoff. Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: Albert, thank you. I just want to make sure again, this has already been approved by the residents, right? Mr. Sosa: That's correct. Commissioner Spence -Jones: There's some additional roadway improvements so I know I can't include it on this because you have to go through the process. That want to make sure we touch basis with my office to make sure that happens. City of Miami Page 66 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Mr. Sosa: Absolutely. This item is -- we come before this Commission every three to six months with this type of item. Commissioner Spence -Jones: No problem. Mr. Sosa: Absolutely. Commissioner Spence -Jones: Thank you, honey. Chair Suarez: That was interesting. (UNINTELLIGIBLE). Commissioner Spence -Jones: Oh, I'm sorry. Chair Suarez: It's been moved and seconded. Mr. Sosa: I accept it. Chair Suarez: All in favor, signify by saying aye." The Commission (Collectively): Aye. Chair Suarez: That's a first. I like it. All right, we're getting friendly up here. RE.12 RESOLUTION 12-00204 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $62,500, FOR PHASE 1 DESIGN AND PERMITTING AT FERN ISLE/PBA PARK FOR THE SHORELINE STABILIZATION ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $62,500, AVAILABLE UNDER CAPITAL IMPROVEMENT PROJECT B-30800; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS, AND THE ACCEPTANCE AND APPROPRIATION OF MATCHING FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2012-2013. 12-00204 Summary Form.pdf 12-00204 Legislation.pdf 12-00204 Exhibit 1.pdf Motion by Vice Chair 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-12-0074 City of Miami Page 67 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: (INAUDIBLE) to start the MOU (Memorandum of Understanding). Oh, we do? Perfect, excellent. I'm going to do -- I'm going to start with the RE (Resolution) items and do the FIND (Florida Inland Navigation District) grants first since we have three Commissioners so we can get some of that stuff going. RE.12, FIND grant. RE.12 Albert Sosa (Director): Good afternoon, Commissioners. Albert Sosa, with the Capital Improvements Department. Lillian Blondet, with the Grants Administration Office, will be showing some slides from the other podium shortly. As a matter of order, would the Commission like to discuss all of them together and then take -- Chair Suarez: I think so. Mr. Sosa: -- individual votes or --? Chair Suarez: I think so. We'll discuss 12 through -- let the record reflect that we're going to be discussing RE. 12 through RE.17 which are all of the FIND grants. Mr. Sosa: Okay. These projects are Florida Inland Navigation District grant projects. Annually the City applies to grants from the Florida Inland Navigation District. They're 50 percent matching grants. In other words, if the City -- if the project costs $100, 000, the FIND grant would cover $50, 000 and the City would cover $50, 000. The projects are on waterways that connect to the Biscayne Bay basically. They're either Miami River, Little River, or actually along the bay. And they require us to apply separately for design and then for construction. In other words, the applications that will go in now will either be for just for design and then once we have the design complete, we apply in a future year for the construction, or some of these are actually for the construction what we call phase II because the design has been previously completed under another FIND grant. With that, I'll turn it over the Lillian that has some photos from the different projects. Lillian Blondet (Interim Director): One more thing about all the grants -- Good afternoon, Lillian Blondet, Office of Grants Administration -- is that the matching funds, all of them come from special funds. They don't come from general funds. So all the match have been identified for the projects and they're not general funds. Again, FIND requires that we come to Commission to assure them that the matching funds have been identified for the projects. Commissioner Gort: Can you identify the funds, where they're coming from? Ms. Blondet: Yes. Mr. Sosa: As a matter of course, RE.4, which is an appropriation item, has all of the funds for these specific FIND grants identified. So when Lillian presents the item, I will gladly share -- Commissioner Gort: Okay. Mr. Sosa: -- with everybody what that specific funding source is. Commissioner Gort: Okay, thank you. Ms. Blondet: We'll do a duet here. RE.12 -- and I'll be showing just a picture of the condition right now for each one of the projects. RE.12 is a resolution of the Miami City Commission, with attachments, authorizing the City Manager to submit an application for grant funding to the Florida Inland Navigation District Waterways Assistance program, in an amount not to exceed 62,500, for the phase I design and permitting at Fern Isle/PBA Park for the shoreline stabilization project; authorizing the allocation of the required matching funds for 50 percent of the project costs, in an amount not to exceed 62,500, available under capital improvement City of Miami Page 68 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 project B-30800; authorizing the City Manager to execute any and all necessary documents, in a form acceptable to the City Attorney, for the submission of said grant application, the execution of the grant or deed agreements, and the acceptance and appropriation of matching funds in the event of the award of the grant for fiscal year 2012/2013. Mr. Sosa: Okay, this specific project the City's funding match is coming from Homeland Defense to Neighborhood Park Series from a previous park -- sorry -- a project saving under B-30316 Fern Isle Park, so we had a previous project that Fern Isle Park that had a savings once complete. We are transferring those dollars into a new project called Fern Isle/PBA Park Improvements to cover this match. Ms. Blondet: RE.13 is a resolution of the Miami City Commission, with attachments, authorizing the City Manager to submit an application for the grant funding to the Florida Inland Navigation District Waterways Assistance program, in an amount not to exceed $800, 000, for the Marine Stadium Marina Seawall Replacement, phase II construction project; authorizing the allocation of the required matching funds for 50 percent of the project costs, in an amount not to exceed $800, 000, available under capital improvement project B-30689; authorizing the City Manager to execute any and all necessary documents, in a form acceptable to the City Attorney, for the submission of said grant application, the execution of grant or deed agreements, and the acceptance and appropriation of matching funds in the event of the award of the grant for fiscal year 2012/2013. Mr. Sosa: Okay, the matching funds for this project are HD -- Homeland Defense Series 2, Waterfront Improvements Bond Issuance, and they are coming from previous project savings, including savings from the Dinner Key Dredging project, as well as a peer repair at the Miami marina. Ms. Blondet: RE.14, we submitted an application for this project last year but the permits were not all received by the deadline that we had to give FIND all the information, so FIND requires that we resubmitted the application, so it will be the same one as last year, and the funds used for this project came from the Burn Notice and they've already have been allocated since it comes from last year. RE.14 is a resolution of the Miami City Commission, with attachments, authorizing the City Manager to submit an application for grant funding to the Florida Inland Navigation District Waterways Assistance program, in an amount not to exceed $57,500, for Spoil Island "E" Restoration and Floating Dock Construction project; authorizing the allocation of the required matching funds for 50 percent of the project cost, in an amount not to exceed 57,500, available under capital improvement project B-30721; authorizing the City Manager to execute any and all necessary documents, in a form acceptable to the City Attorney, for the submission of said grant application, the execution of grant or deed agreements, and the acceptance and appropriation of matching funds in the event of award of the grant for fiscal year 2012/2013. RE.15 is a resolution of the City of Miami -- with the Miami City Commission, with attachments, authorizing the City Manager to submit an application for grant funding to the Florida Inland Navigation District Waterways Assistance program, in amount not to exceed $30,000, for Phase I design and permitting at Pallot Park for shoreline improvements; authorizing the allocation of required matching funds for 50 percent of project cost, in an amount not to exceed 30,000, available capital improvement project B-30802; authorizing the City Manager to execute any and all necessary documents, in a form acceptable to the City Attorney, for the submission of said grant application, the execution or deed agreements, and the acceptance and appropriation of matching funds in the event of award of the grant for fiscal year 2012/2013. Mr. Sosa: The matching funds for this specific project are coming from Homeland Defense Bond issuance Series 3, Parks and Recreation Bond Series, from project savings from an older project entitled Billie Rolle Mini Park Shelter Renovations. City of Miami Page 69 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Ms. Blondet: RE.16, a resolution of the Miami City Commission, with attachments, authorizing the City Manager to submit an application for grant funding to the Florida Inland Navigation District Waterways Assistance program, in an amount not to exceed 38,500, for phase I design and permitting for the Manatee Bend Park Seawall Restoration and Kayak Launch Ramp Installation; authorizing the allocation of the required matching funds for 50 percent of project costs, in an amount not to exceed 38,500, available under capital improvement project B-30801; authorizing the City Manager to execute any and all necessary documents, in a form acceptable to the City Attorney, for the submission of said grant application, the execution of grant or deed docu -- deed agreements, and the acceptance and appropriation of matching funds in the event of the award of the grant for fiscal year 2012/2013. Mr. Sosa: The matching funds for this project come from Homeland Defense Bond Series 3, Parks and Recreation line, and they come from a couple of previous projects or older projects that were completed and had available funds remaining, including renaming of Coconut Grove streets, Belle Meade playground, and Marjory Stillman Douglas site improvements. Ms. Blondet: And last is a resolution of the Miami City Commission, with attachments, authorizing the City Manager to submit an application for grant funding to the Florida Inland Navigation District Waterways Assistance program, in an amount not to exceed $700, 000, for the Seybold Canal Dredging project; authorizing the allocation of the required matching funds for 50 percent of the project costs, in an amount not to exceed $700, 000, available under capital improvement project B-50643; authorizing the City Manager to executed any and all necessary documents, in a form acceptable to the City Attorney, for the submission of said grant application, the execution of grant or deed agreements, and the acceptance and appropriation of matching funds in the event of the award of the grant for fiscal year 2012/2013. Mr. Sosa: This specific project, the Wagner Seybold Canal Dredging project, is an ongoing project that we've had in the works for some time so it is an existing project with existing funds. The existing funds are stormwater utility trust funds that we would be supplementing with our appropriations item. It should be noted that this project, in totality, is an 18 to $20 million project, so we have been working for several years and we will continue to work going forward trying to cobble together different funding sources, including these FIND matches so that we can put enough funds together to complete the project. Chair Suarez: Thank you. Is that all? That concludes all your presentations? Ms. Blondet: Those -- yeah, those are all the FIND grants. Chair Suarez: Okay. This -- again, just for clarity, 'cause I don't think Commissioner Carollo was here, We're taking all of them in terms of discussion at the same time and then we'll vote individually. So you're recognized for the record on whichever one you'd like to talk about. Commissioner Carollo: Thank you, Mr. Chairman. Ms. Blondet or Mr. Sosa, I'm actually a little surprised because there was one application that we were supposed to put in. It was for 16th Avenue and the river for the seawall. I know we spoke to the constituent, you know, on several occasions and we let them know -- as a matter of fact, we reached out to Brett Bibeau from the -- the executive director of Miami River Commission, and it's my understanding that we have put in an application to repair that seawall; yet, I don't see it here. Mr. Sosa: Commissioner, I'm not sure if you recall a discussion we had on this item. That specific avenue at the river is not within your district. It's within District 1. And evaluating the available funding that we could utilize for these types of projects, that project is still something that we're contemplating, but it is not currently in the current cycle of FIND grants that we're applying for. City of Miami Page 70 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Carollo: Now -- and I do remember the conversations very clearly. As a matter of fact, we had to get out maps because it's right there at the border and, originally, most people thought that on the river, we went to the avenue and we didn't. We go to where 836 crosses, and there's a little sliver that I guess belongs to you. However, I have been addressing their issues over the past two and a half years and the issue still remains -- whether it's District 1, District 3, the issue still remains that water is going over the seawall and it's actually flooding all that area. So all the time that, you know, I -- my staff, myself, other partnerships, part of the Marlin's organization took to clean up that area, the cul-de-sac, and plant new trees and everything that we did, realistically, it's -- yeah, I mean, it did good, but when all that water's coming over the seawall and flooding all that area, it's really a problem that we need to address, regardless whether it's District 1 or District 3, which, by the way, it's like right there. I mean, realistically, we all thought it was actually District 3. And where I'm more disappointed about it -- and we reached out to Brett Bibeau -- but where I'm more disappointed about it is that I spoke to the constituent and I think we've had conversations with the constituents and I let them know yes, we are applying for FIND grants. It appears that it's a good chance that we get FIND grants and we will probably be able to fix it and now I don't see it coming in this agenda, so I want to make sure that we put it for the record because it was always my understanding that yes, there was an issue. Hey, is it District 1 or is it District 3. But still, my recollection -- and usually I'm pretty good with my recollection, especially when it comes to residents of the City of Miami -- was that were we applying for FIND grants and that those FIND grants would be for either the restoration or the improvement of the seawall. Commissioner Gort: May I? Mr. Sosa: Understood. Chair Suarez: Yes. 171-- Mr. Sosa: We feel that this is still a project that's required and we will continue to look for funding that's appropriate for that location. It's not something that we don't want to do. We'll continue looking for the appropriate funds for it. Chair Suarez: Commissioner Gort. Commissioner Gort: Well, first (UNINTELLIGIBLE) time I got elected in January 10, I received calls from the neighborhood in there. Now that -- they own that property, and we told them how they should go about it because they having criminal activities taking place in that cul-de-sac where people go in, so we asked the police to go by and check on it. At the same time, we did our research; they can claim that property. It's their property. They were going to talk to the associations and see if they want to take it over or not, so I'll talk to them. But I'm glad you brought that up because I think it's very important. I've been getting a lot of calls from the neighbors on 18th Avenue, right next to the expressway -- Commissioner Carollo: Yes. Commissioner Gort: -- where a lot of water -- this is 18th Avenue, though, on the other side of 17th Avenue. A lot of the water is coming up because they need a pump in there andl don't know -- my understanding is, the City at one time had study analysis to have a pump built in there to get the water out. It's the street where they have a canal right in the middle where they got the street on both sides. They got a lot of problems in there. I don't know what we're doing about that one. Chair Suarez: Thank you. Any further discussion? Commissioner Carollo: Yeah. As far as the FIND grants then, when are we actually going to City of Miami Page 71 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 apply for the FIND grants that -- it was my understanding we were applying for it in the first place, and I spoke to the residents said yes, we are going to alleviate the problem. By the way, I think the cul-de-sac is actually owned by the City, and if it's not, why does the City then -- Public Works goes and cuts the grass? Commissioner Gort: There's a lot of things that happens here that we don't know, but we did the research and they can claim it. Commissioner Carollo: They can claim it, but right now it's still the City's responsibility. Commissioner Gort: The City's taking responsibility for it, yes. Commissioner Carollo: You know. And I think my main issue is -- again, it was my understanding we were going to apply for FIND grants and that was the last conversation. And when we had that last conversation, the issue arose, Commissioner, is that your district or District 1? And I said regardless, but if it is in District 3, we're right at the border, let's bring out a map, okay. And we're talking less than a block from 836 that crosses over to where 17th Avenue ends. So, you know, again, it's one of those that, I guess, zigzag or whatever, and the bottom line is it's still an issue. And again, I spoke to residents many times 'cause they've called many, many times, and I let them know, listen, we are applying for FIND grants and, you know, if it looks good -- as a matter of fact, Brett told me, yeah, it looks good. I think we will be able to get the FIND grant. So you know, now when I don't see it here, I obviously have to question it. And then I understand, okay, it's still an issue and we're going to be looking for funding. Okay, when? When can we apply for FIND grants again 'cause that was the solution? Mr. Soso: The FIND grants require a match of 50 percent. We will continue to search for appropriate funding to fund this project. We do not have it in the current FIND cycle. We have not identified funding for its use in this cycle. We will continue to look for funding and perform it at the appropriate time. Chair Suarez: Commissioner Gort. Commissioner Gort: Commissioner Carollo, I'm glad you brought this up. As you look for funding, let's look at the 18th Avenue also because that's a major problem in there. The water goes inside the people's house, okay. Thank you. Chair Suarez: Thank you. Let's try to see if we can zip through these. There are six items. Let's take a motion on RE.12 Vice Chair Sarnoff So moved. Commissioner Spence -Jones: Second. Chair Suarez: Moved by Commissioner Sarnoff, second by Commissioner Spence -Jones. Any further discussion? Hearing none, all in favor, signify by saying aye." The Commission (Collectively): Aye. RE.13 RESOLUTION 12-00205 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $800,000, FOR THE MARINE STADIUM MARINA City of Miami Page 72 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 SEAWALL REPLACEMENT- PHASE II CONSTRUCTION PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $800,000, AVAILABLE UNDER CAPITAL IMPROVEMENT PROJECT B-30689; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS, AND THE ACCEPTANCE AND APPROPRIATION OF MATCHING FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2012-2013. 12-00205 Summary Form.pdf 12-00205 Legislation.pdf 12-00205 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0075 Chair Suarez: RE.13. Commissioner Gort: I have a question. Chair Suarez: Moved by Commissioner Sarnoff. Commissioner Gort: Second for discussion. Chair Suarez: Second by Commissioner Gort. Commissioner Gort, you're recognized. Commissioner Gort: Now my understanding is we do have a matching fund, but my understanding is we have to provide the financing of the whole project and then we get the refunding. So not only do we have to use our matching funds, but we also have to put additional funding. So it's -- where's the additional funding going to be coming from to begin the projects? Albert Sosa (Director, Capital Improvements Program): Whenever we have a grant that's a reimbursable type grant -- and this is information that I've garnered from our Finance Department. Whenever we have a matching style grant -- and it's not just FIND. There's all kinds that -- Commissioner Gort: Right. Mr. Sosa: -- the City gets. The City is required to pay the invoice first, then we turn around and submit for reimbursement, so there is a time period in which the City has, for lack of a better term, fronted the money -- Commissioner Gort: Right. Mr. Sosa: -- until the reimbursement comes in. The Finance Department pays for that out of a pool cash basically, which is an account that they hold which has many different sources. It's basically the City's cash account, like the money in pocket. So it gets paid out of there and then gets reimbursed back into there when the grant match comes in. City of Miami Page 73 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Gort: What I want to make sure is that we -- documentation's there and we expedite refunding as soon as possible 'cause we have problems in the past; I want to make sure we don't have those problems again. Vice Chair Sarnoff But was that your question, 'cause I thought your question was different? Was that your question, 'cause I took your question to be different? Commissioner Gort: Well -- Vice Chair Sarnoff I took your question to be this is -- some of this is design grant money. Commissioner Gort: Right. Vice Chair Sarnoff What happens if you design it and then you find out you don't have the money to do the construction? Commissioner Gort: Well -- Vice Chair Sarnoff. Was that your question? Commissioner Gort: No. My understanding is, the money for the construction, it's been identified. What I'm -- my question is, we upfront the whole total value of the project. Did we get refund after we build them, after we pay? In other words, the City -- like the other grants, we have money in there, if we don't do our documentation on time or we don't right -- do the right documentation, we don't get refund. Vice Chair Sarnoff Let me ask the question I thought you asked and I'm not -- it's not any specific RE (Resolution); in general. You create -- you go through a design process. Of course you want to get 50 percent of FIND 'cause obviously that's half off, so to speak. Then you realize that you have a project that's, say -- let's say you could spent $50,000 and you find out the project is $500,000. Will you always get -- then let's say there's a decision made you don't have the $500, 000. Do you still get reimbursed for the design fee? You did -- I didn't think you did. Mr. Sosa: No. On these specific -- on this specific grant -- I can't speak for other ones -- on these specific grants, you get reimbursed for your design costs when you move forward into construction. Vice Chair Sarnoff So then here is a fair question. Do you also look forward 'cause I guess you're -- obviously you know within a couple of dollars, so to speak, what money you have and don't have, so you ensure that you not only have your design money but you would also have your construction money? Mr. Sosa: That's correct, Commissioner. And to give you an example -- we do look forward and we do plan that. To give you an example of -- let's use the Wagner Seybold. Wagner Seybold is a $20 million project which we are trying to cobble funds together for. When we have a case like that that we do not have certainty about the construction funding, we fund the design out of a different pot of money that's not grant related and it's a decision that we undertake as to whether or not it's appropriate to do that, and then the risky portion, per se, is isolated to only those construction dollars. So if we can't move forward with the construction on Wagner Seybold and we have to tell FIND then two years sorry, guys, we couldn't put the money together, no harm, no foul kind of thing. Vice Chair Sarnoff Now you've answered my question. You answered the question I thought that Commissioner Gort asked, which is you don't obviously get reimbursed until you actually City of Miami Page 74 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 build, but you're ensuring you have the build money as well? Mr. Sosa: That's correct. Vice Chair Sarnoff Okay. Ms. Blondet: And let me add. You have three years and usually you can ask for an extension to get the construction started. Chair Suarez: Okay, it's been moved and seconded. All in favor, sign by saying Eye." The Commission (Collectively): Aye. RE.14 RESOLUTION 12-00206 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $57,500, FOR THE SPOIL ISLAND "E" RESTORATION AND FLOATING DOCK CONSTRUCTION PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $57,500, AVAILABLE UNDER CAPITAL IMPROVEMENT PROJECT B-30721; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS, AND THE ACCEPTANCE AND APPROPRIATION OF MATCHING FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2012-2013. 12-00206 Summary Form.pdf 12-00206 Legislation.pdf 12-00206 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0076 Chair Suarez: RE.14. Vice Chair Sarnoff Moved. Chair Suarez: Motion by Commissioner Sarnoff -- Commissioner Gort: Second. Chair Suarez: -- second by Commissioner Gort. Any discussion? All in favor, sign by saying e. City of Miami Page 75 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 The Commission (Collectively): Aye. RE.15 RESOLUTION 12-00208 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $30,000, FOR PHASE 1 DESIGN AND PERMITTING AT PALLOT PARK FOR SHORELINE IMPROVEMENTS ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $30,000 AVAILABLE UNDER CAPITAL IMPROVEMENT PROJECT B-30802; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS, AND THE ACCEPTANCE AND APPROPRIATION OF MATCHING FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2012-2013. 12-00208 Summary Form.pdf 12-00208 Legislation.pdf 12-00208 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0077 Chair Suarez: RE.15. Vice Chair Sarnoff. Moved. Chair Suarez: Moved by Commissioner -- Vice Chairman Sarnoff -- Commissioner Gort: Second. Chair Suarez: -- second by Commissioner Gort. All in favor, signify by saying aye." The Commission (Collectively): Aye. RE.16 RESOLUTION 12-00209 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $38,500, FOR PHASE 1 DESIGN AND PERMITTING FOR THE MANATEE BEND PARK SEAWALL RESTORATION AND KAYAK LAUNCH RAMP INSTALLATION ("PROJECT"); AUTHORIZING City of Miami Page 76 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 THE ALLOCATION OF THE REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $38,500, AVAILABLE UNDER CAPITAL IMPROVEMENT PROJECT B-30801; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS, AND THE ACCEPTANCE AND APPROPRIATION OF MATCHING FUNDS, IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2012-2013. 12-00209 Summary Form.pdf 12-00209 Legislation.pdf 12-00209 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0078 Chair Suarez: RE.16. Vice Chair Sarnoff. Move. Chair Suarez: Moved by Vice Chairman Sarnoff -- Commissioner Gort: Second. Chair Suarez: -- second by Commissioner Gort. All in favor, signify by saying aye." The Commission (Collectively): Aye. RE.17 RESOLUTION 12-00210 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $700,000, FOR THE SEYBOLD CANAL DREDGING PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $700,000 AVAILABLE UNDER CAPITAL IMPROVEMENT PROJECT B-50643; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS, AND THE ACCEPTANCE AND APPROPRIATION OF MATCHING FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2012-2013. 12-00210 Summary Form.pdf 12-00210 Legislation.pdf 12-00210 Exhibit 1.pdf City of Miami Page 77 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0079 Chair Suarez: RE.16 -- was that -- that was 16, right? Commissioner Spence -Jones: You said 16. Chair Suarez: Yeah. RE.17. Vice Chair Sarnoff Moved. Chair Suarez: Motion by Commissioner Sarnoff -- Commissioner Gort: Second. Chair Suarez: -- second by Commissioner Gort. All in favor, signifir by saying aye." The Commission (Collectively): Aye. Chair Suarez: Thank you. [Later..] Commissioner Spence -Jones: I just -- before we get started, I do want to at least acknowledge from the last grant Robert Weintraub [sic] and the whole team for really pushing hard to find monies to support our waterways. I think it's important -- he's on this every single day trying to make sure that we get the resources, so I really wanted to at least publicly acknowledge your hard work on that. And we need more money so -- Commissioner Gort: Keep looking. Commissioner Spence -Jones: -- keep looking. RE.18 RESOLUTION 12-00012 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, AMONG THE CITY OF MIAMI ("CITY"), THE MIAMI SPORTS AND EXHIBITION AUTHORITY AND THE FRIENDS OF MIAMI MARINE STADIUM, INC., A 501(C) 3 NON-PROFIT CORPORATION, ESTABLISHING THE CITY'S PARTICIPATION IN A PUBLIC -PRIVATE PARTNERSHIP IN ORDER TO PLAN AND APPLY FOR GRANTS AND FUNDING FOR THE RESTORATION OF THE STADIUM, AND DEVELOP AN OPERATING PLAN FOR THE OVERALL DEVELOPMENT AND PUBLIC USE OF THE MIAMI MARINE STADIUM TO BE REDEVELOPED ON VIRGINIA KEY, MIAMI, FLORIDA; FURTHER TO PROVIDE FOR COMPLIANCE WITH REQUIREMENTS OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND ALL OTHER APPLICABLE DEED RESTRICTIONS AND City of Miami Page 78 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 GOVERNMENTAL FUNDING PROGRAMS. 12-00012 Summary Form 03/08/12.pdf 12-00012 Memo - Proposed Revisions 03/08/12.pdf 12-00012 Memorandum of Understanding 03/08/12.pdf 12-00012 Legislation (Version 3).pdf 12-00012 Exhibit 1 03/08/12.pdf 12-00012-Submittal-Jorge Hernandez.pdf 12-00012-Submittal-Correspondence-Grace Solares.pdf 12-00012-Submittal- Statement Read By Grace Solares Into The Record.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Noes: 2 - Commissioner(s) Carollo and Spence -Jones R-12-0080 Vice Chair Sarnoff We're now going to take RE.18, which was a time certain item at 2 p.m. And I'm sorry that we weren't able to start at 2; we didn't have a quorum, so we just wanted to get these out of the way, which we thought would be relatively quick, and we'll go now to RE. 18. [Later... Chair Suarez: Ms. Bravo, you're recognized. Alice Bravo (Chief of Infrastructure): Good afternoon. Alice Bravo, Assistant City Manager. RE.18 is to request the Commission's authorization to enter into a three party agreement with MSEA, Miami Sports & Exhibition Authority, and the Friends of Marine Stadium, a 501(c)3 nonprofit corporation. And basically, this agreement spells out a framework for a two-year process. During which time the Friends of Marine Stadium, in cooperation with the Steering Committee, to be formed by the City Manager, would explore the availability of funding for restoration of the stadium, which is estimated to cost approximately $30 million, and to develop a sound business plan to know that once the stadium is rehabilitated, that it could function and be self -sustainable in the future. I want to acknowledge that today we do have representatives from the Friends of Marine Stadium. We have Hilario Candela, the original designer of the facility, Jorge Hernandez, architect involved with the development of the master plan for Virginia Key, and architect University of Miami, a Mr. Don Worth, who I think has taken the bull by the horns with the fundraising efforts. So the agreement as presented in the agenda includes several modifications that were made after the agreement was presented to the MSEA board and, basically, those are outlined in a memorandum from Zari Watkins where an additional member was added to the Steering Committee so now there are 13 members, the 13th being added was from the Dade Heritage Trust. The recommendations of the Steering Committee would be brought back both to the City Manager, the MSEA board, and the City Commission at the end of the two-year period. And at the end of that period, it's the City Commission and the MSEA board's role to determine if the Friends have both raised sufficient funds for the restoration of the stadium and do have a sound plan. Chair Suarez: Thank you, Ms. Bravo. This is not a public hearing item; however, I understand that about 15 people have signed up to speak on it, so in the sake of -- for the sake of efficiency, I'm hoping that if -- the people who are here who want to speak on the item, can you raise your hand, please, just so I can see. Okay, there's more than 15, looks like. Okay. I guess we'll just let everyone, you know, say their piece, so two minutes? And, you know, be mindful, if -- you know, if you're here to support and someone's already made your point, just get up and say I City of Miami Page 79 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 support it. If you're in opposition and someone's already made your point, say I oppose it. I agree with such and such a person and, you know, be mindful of that, because 15 people at 2 minutes is half an hour so. Priscilla A. Thompson (City Clerk): Chair, if I might -- Chair Suarez: Yes. Ms. Thompson: -- also ask, if there's anyone who has not signed up to speak, they do need to fill out that speaker sheet. So, please, if you have not signed up and you're going to speak, please come see us so you can fill out your speaker sheet. Thank you. Chair Suarez: Thank you, Madam Clerk. Let the games begin. Sir, you're recognized. Jorge Hernandez: Good afternoon. Jorge Hernandez, one of the founding members of Friends of Marine Stadium. We're here to answer any questions that you might have and also to answer questions that come up from public commentary so we're avail -- all three of us are available, as in -- as is Lynn Lewis, our attorney. Chair Suarez: Thank you. Mr. Hernandez: Thank you. Chair Suarez: Next. Adam Dunshee: Adam Dunshee, 500 Northeast 50th Terrace. Chairman Suarez, may I speak? Chair Suarez: Yes, of course. Mr. Dunshee: Chairman Suarez, Commissioners. Speaking on behalf of Miami Neighborhoods United, to which I serve as president, MNU (Miami Neighborhoods United) opposes this city entering into an MOU (Memorandum of Understanding) with MSEA and Friends of Marine Stadium based upon two fundamental concerns. First, the Commission has not yet established the Planning Oversight Board for Virginia Key as mandated in the Virginia Key Master Plan, unanimously approved by the Commission during its July 22, 2010 hearing. This Planning Oversight Board would intend to oversee all development on Virginia Key rather than piecemeal, as this resolution contemplates. MNU's second concern originates from the potential conveyance of waterfront land between the City and MSEA after the MOU is signed. MSEA's involvement as a government agency or instrumentality takes advantage of Section 29B, Subsection C of the Charter, and would allow for leasing to transact without public referendum. MSEA's involvement further allows for the avoidance of Section 3F, Subsection 3B, calling for fair return to the City based on two independent appraisals, and Subsection 3E, stipulating that any lease not exceed five years. As was the case with the Children's Museum and later attempted in Bicentennial Park, the City's historical use of MSEA as a speedy conduit to avert public referendum in the dealing of waterfront land has been both evasive of and stifling toward public participation. MNU wishes not to see a repeat of past behavior and would rather see any conveyance of city -owned land, particularly waterfront, unfold according to the will of the voters as it should be. Thank you for allowing me to speak. Chair Suarez: Thank you, sir. Ma'am. Becky Roper-Matkov: Good afternoon. I'm Becky Roper-Matkov, executive director of Dade Heritage Trust, Miami's largest nonprofit historic preservation organization. For 40 years Dade Heritage Trust has worked to save Miami's historic places. Four years ago, Dade Heritage Trust nominated and secured the historic designation of the Miami Marine Stadium to save it from City of Miami Page 80 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 planned demolition. Since then, Dade Heritage, as an organization and our members, as individuals, have advocated for its restoration and reuse for the public. Three million dollars has been allocated for the Marine Stadium's renovation, thanks to a County GOB (General Obligation Bond) preservation fund that was initiated by Dade Heritage Trust. Dade Heritage Trust supports the City of Miami's proposed resolution from moving forward with a planning, funding and renovation of the Marine Stadium. This resolution will approve a memorandum of understanding among the City of Miami, MSEA and the Friends of Marine Stadium, a nonprofit organization, incorporated a year ago. The Steering Committee will assist Friends of Marine Stadium in developing a viable restoration and operating plan for the stadium premises. Importantly, this resolution provides that a representative of DHT (Dade Heritage Trust) will serve as one of the 13 members of the Steering Committee. DHT, as an organization, looks forward to continuing our involvement in the restoration and reuse of this iconic structure and to helping ensure its success for future generations. Thank you. Chair Suarez: Thank you. Next, please. Mr. Bush, you're recognized. Greg Bush: Good afternoon. I'm Greg Bush. I direct the Institute for Public History at the University of Miami. I'm here, however, today representing the Urban Environment League. I have a little bit of experience in terms of planning, having written legislation and (UNINTELLIGIBLE) seen it passed, and chaired the Parks Advisory Board, pushed for master plans for -- from the City for Virginia Key Beach and other parks, and I'm here with concerns about the process at this point. And I need to say, very clearly, that the Urban Environment League, and particularly myself, are all in favor of the restoration of the stadium, its historic structure. If it can work economically, that makes a lot of sense. My problem was -- is with the process at this point. As most of you may have heard before and from others -- you may hear from others, there was a unanimously passed master plan for Virginia Key. At the heart of that was to create a Virginia Key Planning Oversight Board. That was very clear in the minds of people there, including gentlemen here who've all endorsed this too. My concern is that that should come first, okay, because I think there can be questions raised down the line without a good clear Planning Oversight Board. I went to see the Mayor a while ago. I've seen other Commissioners. And the Mayor asked me to write a resolution for that board; I did. I haven't heard back from the Mayor. I know he's a busy man, so I'm not faulting him. But I still think that this is putting the cart before the horse, and I think if you really want to have the public involved in planning, planning the entire island -- and the key is the integration of the entire island -- it's critical what's going to go in that space next to the Marine Stadium. 171 be done in just one second here. There's question whether a exhibition center should go there. That has never been agreed to by people involved with the master plan, at all. There was to be a welcome center with a small room perhaps for an exhibition and, yet, these seems to be moving in different directions so I'm concerned, again, about the integrity of the process, and I urge you to defer passage of this until a master plan is completed for -- I'm sorry -- for the Planning Advisory Board is completed for this so (UNINTELLIGIBLE). Chair Suarez: Thank you, sir. Ma'am, you're recognized. Grace Solares: Good afternoon, Mr. Chair. Nina West is giving me her two -- Chair Suarez: Sure. Ms. Solares: -- 'cause I only want to read this -- Chair Suarez: You got it. Ms. Solares: Thank you, sir. Chair Suarez: Go for it. City of Miami Page 81 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Ms. Solares: I'm not going to repeat anything with respect to the e-mails (electronic) that I sent you (UNINTELLIGIBLE) last night, which I assume you have read. This is a different issue with respect. We're -- I'm not opposed to the issue. As a matter of fact, as member of the MNU, I attended innumerable meetings at Rusty Pelican, the Rosensthiel School of Oceanography, the La Salle school, many, and was very happy with the June 10 Commission meeting where the plan was passed, but it's the process, again, as Mr. Greg Bush said. This matter is -- my name is Grace Solares, by the way, Ms. Thompson. My address is 60 Southwest 30th Road. This matter is before you on the premise that MSEA is an independent and autonomous instrumentality of the City and that the MSEA vote to approve the resolution before you today that was taken on January of 2002 was a valid one. I suggest that the MSEA vote is a nullity and that MSEA is not independent and autonomous and I'll tell you why. The City consistently takes the position that MSEA is an independent autonomous agency and instrumentality. This is what Section 2-2011 of the City code says. The label independent and autonomous does not control the nature of the MSEA board. MSEA's present governing body, at least as of January 12, the meeting that I attended, included the Mayor and three Commissioners, and perhaps there are more Commissioners that are a member of it but that I don't know; they were not there. These appointments are allowed under Section 2-1013. However, 2-1013 further states that membership by the Mayor or any sitting Commissioner on the MSEA board is an ex -official capacity. This means that their appointment is deemed to be a continuation of their duties as either Mayor or City Commissioners. If the Mayor or any City Commissioner is truly acting and participating in an ex -official capacity, then that belies and destroyed the level of independent and autonomous agency and instrumentality. If the City desires to retain MSEA's independent and autonomous status, then the Mayor and the Commissioners cannot remain on the MSEA board in an ex -official status but must resign. If you remain on the MSEA board in a status other than ex -official, you will be then violating Article 2, Section 5A of the Florida Constitution, which states no person shall hold at the same time more than one office under the government of the state, the county, or a municipality herein. This position -- or this prohibition, rather, applies to elected and appointed offices. Moreover, in a 1970 decision of the Florida Supreme Court set forth the general rule that the acceptance of an incompatible office by one already holding office operates as a resignation of the first on the rationale -- under this rationale of the Supreme Court decision: The action of an officer accepting another office in violation of the dual office holding prohibition creates a vacancy in the first, Holly -- and I'd like you to write this one, Ms. Bru -- versus Adams, 238 Southern Second 401, 407, Florida 1970. Commissioners, MSEA is not independent because you're participation is in an ex -official capacity. If the City wishes MSEA to be independent and autonomous, then you cannot be members of the MSEA board and Commissioners at the same time. Therefore, the MSEA vote of January 12 that I attended to regarding the resolution before you today is a nullity. I suggest that this matter be deferred or continued so that your City Attorney has an opportunity to make an urgent request for a legal opinion from the attorney general of the state of Florida as to the issue that I have just brought to your attention because your status as Mayor and Commissioner could be also at peril. Please, do not hear this matter until the issue of your dual office is resolved and until all the issues mentioned in my e-mail to you yesterday, March 7, regarding the possible violations of the Charter are resolved as well. Chair Suarez: Thank you. Ms. Solares: Thank you so very much for allowing me to read the entire thing. Chair Suarez: You're welcome. Ms. Solares: And we'll be providing a copy of yesterday's and this e-mail to Ms. Thompson so it travels with -- Chair Suarez: The record. City of Miami Page 82 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Ms. Solares: -- the record. Chair Suarez: Perfect. Ms. Solares: And I'm going to provide you with one, Ms. Bru. Chair Suarez: Next. Dolly Maclntyre: My name is Dolly Maclntyre. I live at 409 Vizcaya Avenue, in Coral Gables. I've been involved in preservation in Miami -Dade County since 1966. This is not a Charter review hearing. This is a hearing to decide the fate of the Miami Marine Stadium. It has taken four years from its designation to get to this point. How many more years can it sit there without the work being done before it becomes impossible. Everybody in this room wants to restore the Marine Stadium and return it to the place that we remember. I remember sitting on a sailboat in front of the stadium by moonlight and listening to Arthur Fiedler. I want that to happen again in my lifetime and I haven't got too much more. Chair Suarez: Yes, you do. Ms. Maclntyre: So, please, let's not push this off anymore. We all want the same thing. It will be done the right way. The men who -- and women who have been pushing this thing are of highest integrity. They're devote preservationists, they're knowledgeable architects, and they care with a passion. Let's do it. Chair Suarez: Thank you. Next, please. (Applause) Commissioner Gort: Whoa, whoa, whoa. Rosa Lowinger: My name is Rosa Lowinger. My address is 4728 Northeast Miami Place. I'm a preservationist also. I'm an art conservator and I've practiced all over the country and I grew up in Miami and moved my practice back to Miami several years ago, employing many people now in the work of preservation. And I want to follow up the comments that were just made with a strong appeal to really move forward with the stadium. In my work nationally, what I'm learning more and more is that modern heritage is one of the most important new arenas for preservation in the country. Very few cities have the quality of building that the Marine Stadium is. The nation really is looking at us right now to see how we handle this, and if it's deferred and deferred to the point where it's no longer viable, that won't go unnoticed. We won't look good. We have a beautiful, incredible, unique structure that ties not only to architectural issues but to the history of the population of this City because of its architect and the traditions that it comes from. And I just want to close by saying that one of the agencies that I do a great deal of work with is in -- is Getty Conservation Institute in Los Angeles, who is now looking at the Marine Stadium as one of the buildings that it's interested in giving some support to potentially for future conservation. So thank you. Vice Chair Sarnoff Thank you. You're recognized for the record. Nancy Liebman: Thank you. My name is Nancy Liebman. I live at 9 Island Avenue, Miami Beach. I am a former urban environment league chairperson when this issue first started. We went to the original meetings. We looked at the master planner and told him he was on the wrong direction. We were involved. We had meetings. There were forums after that and nothing happened. Nothing happened. Today you have an opportunity to make something happen. Just talking about it, planning for more groups, more committees, more people who are going to City of Miami Page 83 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 waste more time, that's not going to make it happen. I think the City should give the key to the City to the group of people who are now the Friends of Miami Marine Stadium. They took it from talk, planning, thinking about I don't know what, and now to be asking for a deferral, I'm amazed. You should be happy that you have these people who are doing the work for you. They will do an excellent job. They know what they're doing. The nonprofit groups aren't as lucky to have so many talented people to make it happen. So I would urge you today to support this agreement. Nobody else would have brought you the National Trust to put on their -- the National Trust for Historic Preservation to put on their list of national treasures. That is an amazing feat to have that listed. And why was it listed? Because this group worked with the National Trust, worked with the preservation community and made it happen. This is all about making it happen and it's all up to you to really make it happen. Thank you for the time. Chair Suarez: Thank you. Next, please. If you're going to speak on this item, if you could just line up behind the podium so we can save some time, I'd appreciate it. Charles Urstadt: Good afternoon. My name is Charles Urstadt. I'm the chairman of the Miami Design Preservation League, and I appreciate being here today. This is, I think, a great moment for the City of Miami Beach and for Miami -Dade County to be able to put in motion the plans to revitalize this wonderful stadium that is really a cultural icon for our area. It is an exciting possibility. And so many people have worked so hard to make this happen. I know the people on the board of the Friends of Miami Marine Stadium and they're honorable and very hard-working people who put a lot of their own time and own money to make this happen. So I urge you to support this. I urge you to approve this memorandum of understanding and give to the people of Miami a wonderful cultural icon that they deserve. Chair Suarez: Thank you. Next, please. John Capurso: Good afternoon, Commissioners. My name is John Capurso. I live at 20834 San Simeon Way, in Miami. I'm here as a president of the Miami Chapter of the Association of Fundraising Professionals, which is an international organization of 30, 000 professionals all over the world. Speaking on the part of raising money for this stadium, the memorandum of understanding that is before you and at issue at this particular point is a critical, a very vital document that will not only assist raising money for this project but will give those major donors -- and I can speak on behalf of them because I have worked with perhaps more than a 1,000 major donors all over the country -- it will give them the confidence and the certainty that they need to be able to make the kinds of commitments that the organization is going to seek of them in terms of funding the private portion of this project, which is going to be in the 20 to 30 -- to $25 million range. So I would urge you to very seriously consider how this will impact on the ability of the organization ultimately to raise money to make the project a reality. Thank you. Chair Suarez: Thank you. Next, please. Yes, Ms. Lewis. Lynn Lewis: Gentlemen, Commissioner Spence -Jones. My name is Lynn Lewis, 501 Brickell Key Drive, City of Miami. I'm a pro bono lawyer, pro bono lawyer for Friends of Miami Marine Stadium. I'd like briefly to confirm from our perspective, Friend's perspective, a point made by your Assistant City Manager. Today we are not here with a lease, with a conveyance. No title is being transferred. We're talking about a memorandum of understanding which obligates Friends of Miami Marine Stadium to do a fair amount of work of fundraising, business planning, with no reciprocal obligation, commitment by the City of Miami to Friends. We believe that there are applicable Charter provisions which will be fulfilled, should at such time in the future as this Commission determines that it's the best thing for the City, to convey or to lease property involving the Marine Stadium, but today it's a memo of understanding with regards to Friends gets to go out and work very hard. I'll be pleased to answer any questions. Chair Suarez: Thank you, Ms. Lewis. City of Miami Page 84 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Ms. Lewis: Thank you. Chair Suarez: Next, please. Judy Pruitt: Hello. My name is Judy Pruitt. I live at 837 Navarro Avenue, in Coral Gables, Florida. I'm a past president of Dade Heritage Trust and currently am a board member. I've been involved in overseeing the Friends of Miami Marine Stadium when Dade Heritage Trust first started the project and I've seen the man who took charge of it and what he's done for it and I hate to see the Marine Stadium have demolition by neglect. I think it's time to go forward. There's a committee of 13 members that includes everyone that would be involved, at all, that the City can talk to. And this committee of 13 is not going to do anything unless the -- it's down on paper an all the sitting members can see it, and this is just for a two-year period and then if it doesn't work out, something else will take place. Chair Suarez: Thank you. Ms. Pruitt: Thank you. Chair Suarez: Thank you. Next, please. Hi. Arva Parks: My name is Arva Parks and I live at 1601 South Miami Avenue. I'm here today really to reiterate what Nancy Liebman said and also Lynn Lewis. This is an opportunity for a beginning of something that's very important for not just the City of Miami but for everyone. I must say, I began with some nostalgia for the Marine Stadium and then I began to appreciate the international concern and appreciation of the structure. I won't take long because I am reminded, but I have to tell you one thing. I was thinking about this sitting there. This is really just a beginning. You all have plenty of opportunity to review everything that comes before you. But I'm thinking of 30 years ago -- and I like to tell this to people when I take them into the Biltmore Hotel. There were not three votes on the Coral Gables Commission to start a process for the Biltmore Hotel and one Commissioner changed their vote and the rest is history. So I'd like to think that this is just a beginning, and when the thing is completely restored, that all people will be so proud that they voted to start. Thank you. Chair Suarez: Thank you, ma'am. (Applause) Chair Suarez: Sir, you're recognized for the record. Is there anyone else that wants to speak on this item? Anyone else, come to the podium please, or I'm going to close the public record -- the public hearing after this. Thank you, sir. Al Crespo: My name is Al Crespo, 689 Northeast 92nd Street, and I feel a couple of knives in my back already. You know, everybody believes in the law and everybody demands that the law be followed until it comes to a project that they support, and then all of a sudden, the concept of following the law sometimes gets diverted to well, this is more important than following the law. We need to do this because it's important. And if we bend the law, well, that's okay because it's a good thing to bend the law. So that's the kind of arguments have been voiced here today about the process. You know, if you believe in process, then you follow process. If you don't believe in process, then you do whatever it is you want to at any time. Today you might agree to decide to follow the law. Tomorrow you might decide not to follow the law, you know. And if you're going to follow the law and you've got the Carollo amendment, which calls for vote by the citizens of the City of Miami -- wait a minute. You're saying no, no, no, but you're saying this because you're claiming that this is going to be for the public's benefit. City of Miami Page 85 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: No, no. The Carollo amendment has to do with Watson Island. It has nothing to do with this -- with any other waterfront property. That's I believe Section, what, 29 of the Charter? Hey, I don't want to get in a debate about it but -- Mr. Crespo: Well -- Chair Suarez: -- you know. Julie O. Bru (City Attorney): We have various sections in the Charter that controls the conveyance of City -owned land. Chair Suarez: Right. Mr. Crespo: Okay. But the thing is if you're talking about process, you know -- I'm not opposed to saving the Marine Stadium, but when you start talking about marine exhibition center, a restaurant and other buildings that are being proposed and other projects that are being proposed as a way to fund this operation, the square footage of those buildings will perhaps be larger than the square footage of the Marine Stadium, and none of those buildings are public in a sense that the Marine Stadium is public. Those buildings are going to be constructed to generate revenue. Those are for profit ventures. And all of those things have to be approved. You know, I've yet to hear any response from the article I wrote about the Bayside Hut having never paid property taxes, having not paid rent for -- to the City of Miami for at least a year, if not longer, and I found out that there's never been an audit of that establishment going back to 2004. You know, this Commission and this City has not managed well its resources. You know, that's a resource that the City owns and nobody knows what the situation is over there. So I'm just saying if you're going to follow process, obey the law. If the law says to do it one way, do it that way -- Chair Suarez: Thank you, sir. Mr. Crespo: -- you know. Chair Suarez: Next, please. Anyone else? Anyone else, please come to the podium. Mr. Hernandez: Yeah, Jorge Hernandez. Just -- Chair Suarez: Yes. Mr. Hernandez: -- again, we remain available if you have questions. But I just wanted to say in closing thank you to all of you. This has been a four yearlong journey for Friends. We're very committed to this process, as you've heard. This is a beginning. We will stay committed to this process and we will continue to work with your staff and with you to make this a success. In terms of the oversight board, you heard Mr. Bush testify -- and it's absolutely accurate -- we gave him a letter of endorsement of the oversight board on February 3, 2012. In terms of the master plan, we coauthored that plan, working with all these organizations diligently and with your staff. The spirit and the letter of the plan we will abide by now and for a long term into the future. If may, just please let me say we have -- from all the letters of support, we've always had throughout this process, we have additional support again from the Kiwanis of Little Havana, from SALAD, the Spanish American League Against Discrimination, from CAMACOL (Latin Chamber of Commerce), from the World Monument Fund, which is a letter we have before you. And from the World Monument Fund, because as you've heard recently, the World -- I mean, from the National Trust, the National Trust has just placed the Marine Stadium on a list of its national treasures. That list of national treasure is 22 sites around the country that tell America story. These are places where the Trust has committed to work with a business plan in short-term to bring about changes at these sites. The defined need for this site for the stadium is City of Miami Page 86 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 funding. The Trust will help us with money, all of us. The president of the National Trust Community Investment Corporation, John Leith-Tetrault, was here yesterday to speak on behalf of the DDA (Downtown Development Authority). He also came to talk to us about putting a tax credit plan together for the stadium. And to Tony Goldman, who is a trustee emeritus of the Trust and a winner of the DuPont Crown and Shield Award, which is preservationists' highest honor, has been requested to be the advisor on behalf of the Trust for this project. I currently stand as the vice president for the Trust, and I'd like to give you this card about the program to each and every one of you. Chair Suarez: Thank you, sir. Mr. Hernandez: Thank you. And thank you for your consideration. Chair Suarez: Thank you. Mr. Cruz. Mariano Cruz: Sure. Mariano Cruz, 1227 Northwest 26th Street -- Chair Suarez: Time, please. Mr. Cruz: -- Miami, Florida. I've been a resident of the City of Miami for the last almost 50 years, you know, since 1963. I came back from the Army and all (UNINTELLIGIBLE). But I know the Marine Stadium. I was there many times in the sunrise services, (UNINTELLIGIBLE) been in the La Caridad services, different things, also (UNINTELLIGIBLE) competition of that. And I know that there was a lot of money coming from FEMA (Federal Emergency Management Agency) after Andrew on account of the Marine Stadium. That money, past Administration used it to pluck different holes or whatever happen. Remember, they move this year from there. Now you see and now you don't see, all that. Now -- and I am a member of the Safe Neighborhood Bonds Advisory Board and I -- we vote for this, and that's something that's been a big delay in that stadium being fixed I don't want it to happen what happened to the stadium in my neighborhood, to the Bobby Maduro Miami Stadium that disappeared and now it's a housing thing there. Chair Suarez: The Orange Bowl too. Mr. Cruz: No. Chair Suarez: The Orange Bowl. Mr. Cruz: It won't happen. I don't think it will happen. Thank you. Chair Suarez: Thank you. Ms. Gibson. Thelma Gibson: Yes. Good afternoon. I'm sorry. Chair Suarez: It's okay. Ms. Gibson: I came up here thinking I was coming for something else, but as I sat in here and kind of what was happening, I sat there thinking, gee, years ago -- I'm Thelma Anderson Gibson, 3661 Franklin Avenue. And I said I could be up here by 3 o'clock, but I really didn't know what it was for, so I -- but I'm here in support of this item primarily because, as a citizen, I remember years ago going to the Marine Stadium just to boat shows and to seeing all those boats out there and people are doing all kind of great things and for the music and for all the things that was happening. It was such an exciting time in Miami, and I think it's really an access to this community for us to have that Marine Stadium. And so if it's in your hearts to vote in favor of this today, I certainly think that you will be doing the City a great favor. Thank you so much -- City of Miami Page 87 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: Thank you, ma'am. Ms. Gibson: -- for allowing me to speak. Chair Suarez: I'm closing the -- one more, okay. Don Worth: Real quick. Don Worth, 1390 Ocean Drive, Unit 207, Miami Beach. We have a big job ahead of us. We've worked very hard for four years. We know we're going to have to double that over the next two years. This is a very complicated issue. We're going to go have our beer at the place next door and then immediately get to work. And I'd just finally like to note the one final letter that Jorge neglected to mention, which was a letter of support we got from Dan Paul, which proves that in Miami the dead don't just vote; they test as well. Thanks. Chair Suarez: Okay. We won't go there. We're going to close the public portion of this; coming back to the Commission, is there a motion. Vice Chair Sarnoff Motion for discussion. Chair Suarez: Moved by -- Commissioner Spence -Jones: Discussion. Chair Suarez: -- Vice Chairman Sarnoff, second -- Commissioner Gort: Second. Chair Suarez: -- by Commissioner Spence -Jones. Commissioner Spence -Jones: No, I -- it wasn't second by me. I just have a discussion. Chair Suarez: Oh, I'm sorry. Commissioner Gort: Second. Chair Suarez: My apologies. Second by Commissioner Gort. My apologies. Vice Chairman Sarnoff, you're recognized. Vice Chair Sarnoff Probably been at this longer than anyone else, probably been here for a long time now and have watched two administrations deal with Marine Stadium. I got to know Don Worth, Hilario Candela, Jorge Hernandez, great people. I don't think they have a malevolent or malicious thought in their bone or in their body. Earlier today I had said something about museums. I said the museums simply don't, by their gate alone, pay for themselves. I can guarantee you, this will not for -- by its gate alone, pay for itself. In the spirit of where government is today and where we find ourselves with the inability to even feed our elderly, I suspect we will not be placing this on our general fund either. I don't think the County will either. Whether you're going to get any state funding or federal funding is for your own art to figure out. Having said that, I'm well aware -- and everybody should do this, as they say, eyes wide open -- they're going to need a certain amount of real estate to put a for profit venture that is going to throw off revenue to the stadium, whoever operates it. That's a fact. It's not a fiction. It's not a hope. It's not a desire. That is a fact. Now the only thing I never liked about the process was that we were going to label it a museum or we were going to label it whatever. We were going to label it something it simply wasn't, and you know what, the electorate just is not that stupid. Maybe unlike what Mr. Sampson thinks, the electorate really does get it. So if you want to put an Evinrude dealer out there, if you want to put a marine facility out there, then call City of Miami Page 88 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 it what it is. Don't put three -- (UNINTELLIGIBLE) this is what annoyed me a little bit -- or four historic things out there and call it a museum and then go sell Evinrudes; perfectly fine. Say, look, someday the Coconut Grove Playhouse, Mr. Mayor's going to come in front of us and they're going to need the exact same thing as Marine Stadium. They're going to need a for profit venture that is going to throw money to the venture itself so that the ticket prices will never pay for the cost of the operation. Now, having said that, for the present -- for these moments right now, I'm aware of what you're asking for it to look at. I think you're asking for far too much land. I'm just giving you -- I'm going to approve this as stated because what Lynn Lewis said is true: no obligations on this Commission; very little obligation on MSEA. It simply giving you the opportunity to come up with a plan in six months and say and demonstrate to us this is why we need this. I'm just giving you a heads -up how I feel about it. I feel like you're asking for too much land. I think you're asking for too much site control. But if you were to demonstrate to me why it is you needed that land and why you needed that site control, that's one thing. I warn you one last thing -- and I won't make a long speech -- don't call something it's not. A rose is a rose if by no other name. Do not call a museum a museum when it's going to sell Evinrudes. Do not call a museum a museum when it's going to be a Yamaha dealer. Call it what it is. Be frank. Be honest. I need a for profit venture that is going to sell -- I don't care. Let's say something you're not going to do -- saddles to horses because there's going to be a riding stable a mile away and we're going to make thousands of dollars. Call it what it is. You guys need a for profit venture. You need site control for a for profit venture. And let's not kid ourselves. Handing you a welcome center is not a for profit venture. You're never going to be able to sustain Marine Stadium and have a -- without a for -profit venture, giving you revenue to throw off there. I don't think you're going to get County money on a regular annual basis. I don't think you're going to get state money on an annual basis. And I doubt you're going to get federal money on an annual basis. So let's do this eyes wide open, everybody. They're going to need to put a commercial venture out there that is going to throw revenue off if they're going to survive. And I got news for you: Virginia Key Trust is going to need a for profit venture out there that is going to throw money off to that venture if it's going to survive. And Coconut Grove Playhouse, when someday you land here again, hopefully, Mr. Mayor, they're going to need a for profit venture that is going to throw revenue off because they'll never make their operation cost with ticket sales. If you all don't want to preserve this stadium, if you don't want to have its use, then don't give it a for profit venture along with it. If you don't want Virginia Key Trust to survive, don't allow it to have a for profit venture. If you want to see Coconut Grove Playhouse get bulldozed completely and that land sold offfor condos, do not allow a for -profit venture. This is the condition this country and this state of the city is in. It's not anyone's fault. It simply is an admitted fact. So having said that, I will make my motion to approve this because, essentially, you're not really getting anything except, as I put it, a look. You'll come back to us with what that look says. You'll go back to the MSEA board I believe, if need be, but inevitably, this Commission will tell you the whos, the whats, the whens, and the wheres. And with regard to committees and people that tell us what to do, inevitably it comes down to this Commission. Inevitably, all of you have to decide what is your vision for Virginia Key. I know what my vision is. I know I've not paid extreme attention to it. I know my next four years in office, we will get Virginia Key done. It will be done. You're going to have baseball stadiums out there -- (Applause) Vice Chair Sarnoff -- you're going to have ball fields. The County is going to finish the remediation work. It will be done. And you will see over 130 acres in useable park -like atmosphere. But you're also going to have commercial ventures on the peninsula 'cause the only way to pay for anything we do is going to be through a commercial venture. And just like what's going to happen with Marine Stadium and every other trust or every other playhouse, you're going to have to put a for -profit venture that's going to be a revenue source for the Friends of Marine Stadium, for Virginia Key Trust, for whoever ends up with the Playhouse -- probably come up with four or five other ventures -- and that's just the way it's going to be. They call them PPPs, public/private proprietorships. I just think we should stop kidding ourselves. But for you, City of Miami Page 89 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Ms. Lewis, and everyone else there, call it what it is. Be frank. Be honest. Be open. This electorate will -- this board and I think the electorate itself is not quite so dumb as people let us on. We're not quite so dumb as people have commented in the newspaper. Some of us up here really do get it. And I could tell you this, the people that vote for us really pretty much get it themselves too and hate to be called stupid. So let me just say I've said enough. I can support this. Mr. Mayor, I give you credit because you picked up something that -- we have a picture of this in my office and we used to have a little sign under it called -- and thank you, Mr. Candela, for giving us that demolition by neglect. That's all I have to say, Mr. Chair. Chair Suarez: Thank you, Mr. Vice Chair. Commissioner Spence -Jones, then Commissioner Gort. Commissioner Spence -Jones. Commissioner Spence -Jones: First of all, thank you, Commissioner Sarnoff, for your comments, and thank the audience from both sides in hearing both sides of the story. There's just some few things that I want to at least clear up on the overall issue as Ms. Lynn made it, I guess, clear that she wants to make sure I understood. I want at least the public and the audience to understand why I had questions and a lot of concerns about the issue. But before we do that, the reason why we're -- I'm assuming we're back here is because of some key things that I thought were an issue in this agreement. And I appreciate the Manager and I appreciate Alice and Zari for working along with my office to try to hammer out this agreement, and I have to say that some of the main things were addressed and handled and I really appreciate you giving us the time to do that. But what I'd like to at least have Alice put on the record -- because based upon what MSEA, the board, voted on, and what was -- that -- what came in front of -- or what's coming in front of us has changed a bit. So I already have questions around even the first vote of MSEA taking -- this their first vote, right? -- on a particular agreement that, quite frankly, is not the same one that we're dealing with now. But I understand that based upon what I'm being told by the City Attorney is that it still has to go back in front of the MSEA board, no matter what, after we vote on it anyway. But I do want to make -- I would like for you to make it clear to all of the board members sitting up here now what the changes were, what it went from one thing to the next, and then I'd like to add my comments. Chair Suarez: Ms. Bravo. Ms. Bravo: All right. On page 1 we had a clarification that the objective of both the Friends and the Steering Committee was to study the area of the stadium and the area and uses in and around the stadium, so that was the first clarification. In the fifth whereas clause, we clarified a sentence to say the Steering Committee shall provide a report of its findings to the City Manager and the MSEA board. The MSEA board shall confirm and approve the area around the stadium that is needed to generate sufficient revenue for the viable operation of the stadium. And for purposes of this MOU, not more than six months following the effective date of this MOU. So this alludes to what Commissioner Sarnoff was discussing, that a certain footprint was described at the MSEA board meeting, and this spells out exactly that the Steering Committee will evaluate within that footprint the smaller area that will be defined as the stadium premises. So after that point in the agreement, we clarified to make reference to that term stadium premises. Also, and a few points, we made the clarification that the Steering Committee is there to assist the Friends. And, really, in crating this agreement, the intent is that the Steering Committee will be comprised of members of the public, stakeholders on Virginia Key, and as well as folks who have a history and background of putting forward public/private partnerships for community -type charitable ventures, such as a performing arts center, et cetera. So we want to make sure we bring people with the right expertise to offer assistance to Friends and to give confirmation both to the City Commission and to the Manager that there is a viable operating plan. So the next whereas clause is clarified to say that the public/private partnership between the Friends, MSEA is for a two-year evaluation period. That clarification is made several times. Down in item 3, we have the composition of the Steering Committee. There the 13th member is reflected. I believe that was at the request of Chairman Suarez. And also we clarified that the Steering Committee will City of Miami Page 90 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 assist Friends. And we added a clause that when the Steering Committee advises the City Manager that Friends has developed a viable restoration operating plan, the City Manager shall have Friends present such plan before a MSEA board and the City Commission, at that point the -- both MSEA board and City Commission will contemplate what further options to take. So after consideration, the MSEA board and the City Commission shall determine whether Friends has raised sufficient funds for the restoration of the stadium and developed a viable operating plan for the stadium premises. The further clarification was made on item 6 and this really spells out again some of the points that Commissioner Sarnoff made. So six now reads, as part of a viable operational plan, for -profit operators and businesses may need to be involved with the development of the stadium premises. It may then be necessary to issue various solicitations to ensure transparency and create an atmosphere of competition for inclusion. The Steering Committee shall assist Friends in the development of a strategic plan for for -profit operators and businesses that complement each other in the operation and maintenance of the stadium premises which will help ensure the viability of the stadium premises, in accordance with the vision of the Virginia Key Master Plan as approved by City Commission on July 2010. The next clause, clause 7, was a new clause that was introduced again to add further transparency to the process and it reads: Friends agrees that its fundraising activities will be limited to the purpose of this memorandum of understanding. Friends will deliver to the Steering Committee simple monthly financial statements showing opening balance, new revenue for Friends categorization, expenditures for Friends categorization and closing balance. And that's so that the City can obviously keep track of the fundraising efforts of the Friends, as well as their expenditures. And those were the modifications that were introduced after the MSEA board meeting. Commissioner Spence -Jones: Okay. Chair Suarez: Thank you. Commissioner Spence -Jones: So I just thought it was important for the Commissioners and also the folks that are sitting in the audience and watching it from home for them to understand that there was some major adjustments made on this agreement and hopefully this will be something that will come back to MSEA, so I just wanted to at least put the information on the record. So here's -- here are my points on this issue, my fellow Commissioners. The biggest issue I had -- and I said this from day one -- is the issue of transparency, you know, and I'm assuming that's the reason why we've gone through this exercise to make sure that at least people know kind of what the changes are, you know, from the standpoint of the agreement. I think that there's a bigger message around transparency, and that is how we go about giving out property or giving out -- or creating a partnership with outside organizations without allowing others to have the same participation. I think that's what we've heard in the audience today, for those folks that got -- actually got up here and talked about it. Now I know that there's some clarity that was made today and Commissioner Sarnoff just mentioned it, and that was the fact that well, actually, they're not actually getting anything. They're just getting an agreement to actually partner with the City so they can go out and raise money, correct? All right. Now this is the question I have, and I just want to be clear on this, okay, because then Commissioner Sarnoff took it to another level and his nother level was well, let's be frank, let's be honest. It's really not just about the Marine Stadium and renovating and restoring it and bringing it back to its glorious days . It's -- in order for that to happen, in order for it to be maintained and for us to continue to operate it, you're going to have to look at ancillary things that go along with it. My problem was always the ancillary things that went along with it. I was very clear with Lynn and I was very clear with Don and it wasn't personal. I love what you guys are doing. I hope and wish that other people do the same thing for City properties, and I told Don and I told him that in the middle of the meeting so that was never the issue. The issue was when we sit up here as five Commissioners, okay, at the end of the day, the buck stops with us. When we sit up and allow or say how important it is to have a transparent process and then all of a sudden it's not about a group that has a love and a passion for a building or for a facility that they want to help restore it and support it, it becomes okay, here's a business opportunity that can go along with this overall City of Miami Page 91 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 MOU that's a part of the MOU. Just as Commissioner Sarnoff mentioned, the ancillary items that are centered around it now becomes a viable opportunity to do business, so that's what the sticking point was for me. And I believe you made some adjustments or some adjustments were made in the agreement so that would not be an issue, but to -- I think it's truly -- I think we do a disservice to the public when we say one thing about how important it is to be transparent, but yet and still we don't put out an RFP (Request For Proposals) to see what other things are even out there so that everybody has an opportunity to participate. Now -- so I want to -- I want Lynn and I want the group to understand is about having an open process, and I believe all my Commissioners understand and respect that. And when you have a business entity that goes along with this, this is an opportunity to actually make money. So to me, I think that we cross the line when we say yes -- or vote yes on an item like this that did not go through the full process. That's number one. Number two, I had a serious issue with the agreement or the item being voted on by MSEA and the fact that the agreement has changed at least -- I know at least three or four times, and I understand that's a part of the process, but even in the last two days, you know, last day, last 24 hours, the agreement is still changing. Yes, it has changed. I'll give you case in point, okay. The whereas clause that you have that says the City Commission desires to ratify, consent and to approve the City's participation in the public/private partnership and the execution of the MOU, that was one of the biggest issues and concerns I had you know, regarding the issue of us, as a Commission, only having the ability to make changes in the MOU and not necessarily the project 'cause that's basically what it -- and I know that I was very clear on that, so that was another issue or concern that I had. But again, the City Attorney just confirmed for me on the side that it's still going to go back in front of the MSEA board to be voted on and approved. But then my question that's attached to that is once MSEA board says yes to that or let's say if there's any changes from the MSEA board regarding this agreement, does that mean it still need to come back in front of the City Commission? Ms. Bravo: If the MSEA board -- Johnny Martinez (City Manager): Makes -- Ms. Bravo: -- requests amendments and votes with an amended version, then it would come back here for ratification. Commissioner Spence -Jones: Okay. So no matter what, this will go in front of the MSEA board. And if there are some changes from the MSEA board's perspective, it still has to come back to the City Commission for us to make changes on it again. Ms. Bravo: Correct. Commissioner Spence -Jones: Okay. Ms. Bravo: Until both bodies vote on the exact document, we would be going back and forth. Commissioner Spence -Jones: Okay. I'm almost done. The concerns that I had in my briefing with you guys was in reference to the new director that we have on board that handles public facilities. Got a chance to meet him. I'm very excited about his vision and what he wants to see happen with the -- with all of the assets that the City has. And I asked him in the midst of my briefing, I said have you had an opportunity to really go through the MOU to even give us an assessment of what you feel might be the best route to handle how this should be handled. And his answer was no, 'cause, you know, he just got here. He's trying to go through everything now. And that he may have some additional suggestions or opportunities that can go along with this. So that was a concern for me because I felt that it was important that we hire a person that has the capacity and this is what they do for a living, you know. Why didn't we kind of include him in that process so that at least we're not making a decision -- an informed decision? But I understand that when it goes back to MSEA, you'll have the opportunity to participate, correct? City of Miami Page 92 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 All right. Ms. Bravo: He'll be very involved in the process. Commissioner Spence -Jones: All right, I'm almost done. The other issue I had was -- and these all the things that came up -- I asked a question -- not taking anything away from the Manager, not taking anything from Zari, not taking anything away from Alice -- was why wasn't the City Attorney's office involved from the onset of -- no -- the creation of the document or the agreement? It wasn't Julie. Ms. Bravo: We had Assistant City Attorney -- Commissioner Spence -Jones: Who. Ms. Bravo: Xiques involved from the onset of this. Commissioner Spence -Jones: Okay. So when -- okay, so from my briefings, I'm just -- okay, so then this moves me to even deeper question because the briefing that we had yesterday -- I'm assuming maybe, Veronica, you were out yesterday. But when I got a briefing from another City Attorney in that particular office -- from your office, it was then communicated to me that there still was some key issues and concerns about the overall agreement and that that individual had not had an opportunity to really go through the agreement but she did make some of the amendments based upon the fact that we do receive bond dollars from that and grant dollars, and my concern and her concern too, quite frankly, was the fact that there's many restrictions associated with the monies that go towards the Marine Stadium. So I just wanted to make sure that, from my City Attorney standpoint, she feels very comfortable and confident that this agreement has been fully vetted out. Ms. Bru: At this point it has. Commissioner Spence -Jones: Okay, fine, cool. Chair Suarez: Thank you. Commissioner Spence -Jones: All right, so -- Chair Suarez: Oh, sorry. Commissioner Spence -Jones: No, I want to finish what -- Chair Suarez: I know, go for it. Commissioner Spence -Jones: -- I want to get all my stuff out. Chair Suarez: Go for it. Commissioner Spence -Jones: Okay. Chair Suarez: Sorry. Jumped the gun there. Commissioner Spence -Jones: No problem. The -- as Commissioner Sarnoffstated earlier, he mentioned the fact that, you know -- and I'm glad that he made it very clear that this deal is not just about the stadium. This deal is really about the land that's surrounding it, and let me clear that up 'cause that's not exactly how he said it. But in order for this deal to actually work, we have to look at everything around it so that those resources can assist with the sustainability of City of Miami Page 93 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 the overall stadium. My question for you -- 'cause I'm being told that, originally, we're talking about $35 million is what it's going to take to actually rehab the stadium. I really want you to put that on the record because I've heard two different responses to that, which is -- I believe I've got -- I went from 50 to now 70,000 -- $70 million to actually restore the actual stadium. So then my question becomes, whether or not it's 35 or 70 million, have we done any assessments on what it would take in order to cover that -- cover the cost of that debt? Meaning like, for instance, if Marine Stadium raises -- the Friends of Marine Stadium raise the money, all right, and they raise $35 million -- let's say that's the number, and we don't know if that's really the number, but let's say that's the number -- have we done any assessments at all on what it would take in order for a development of the stadium, the surrounding areas, to cover the cost of the debt? I mean -- Ms. Bravo: Okay, Commissioner. Commissioner Spence -Jones: -- so -- Ms. Bravo: Yes. Commissioner Spence -Jones: -- do you under --? I'm just -- Ms. Bravo: Yes. And some things to point out is the land that the stadium sits on itself has certain deed restrictions. The primary one is from the County deed that -- Commissioner Spence -Jones: Yes. Ms. Bravo: -- requires that, in perpetuity, we maintain the operation of the Marine Stadium. We also have a state deed restriction that talks about the operation of Marine Stadium in (UNINTELLIGIBLE) at like purposes only. Commissioner Spence -Jones: Right. Ms. Bravo: So we also have the historic designation of the stadium itself and a certain buffer around it, so we have certain intervening factors that I think would not allow for a large-scale development to occur there. Additionally, we have the master plan for that surrounding area itself that was approved here at City Commission in July of 2010 and depicts the configuration that we have today. Commissioner Spence -Jones: But, Alice, that's not really answering the question. I understand where you're -- I understand all the additional ancillary things that go. I'm just saying have we done an analysis on -- if it's $35 million to do the overall stadium, have we done any kind of analysis, even prior to them getting it -- and maybe they may have an answer -- have we done any prior analysis to see what it would cost -- I mean, what would need to be --? Ms. Bravo: What size development would be needed to kick off -- Commissioner Spence -Jones: Cover the costs -- Ms. Bravo: -- $35 million to -- Commissioner Spence -Jones: Right. And you're saying -- Ms. Bravo: -- for the restoration. Commissioner Spence -Jones: -- 35 million. That's just for the stadium. We're not even talking about anything else. But have -- let's say it's just the stadium, have --? City of Miami Page 94 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Mr. Hernandez: Yes, Commissioner. If it's appropriate, I can help answer the question. Commissioner Spence -Jones: Yeah, sure, sure. Mr. Hernandez: The cost that we have now are 30 million and that was done actually with a construction company helping us cost it out. But the 30 million we're committed to raise completely with no debt either through tax credit funding, through philanthropy or through grants. We are not envisioning any debt, no tax dollars, no City subsidy. Commissioner Spence -Jones: Okay, great. All right. Mr. Hernandez: Thank you very much, Commissioner. Commissioner Spence -Jones: Thank you. I'm almost done. This is my big question and this came up in the meeting that we had and that was the fundraising part of it. I'm very concerned about the Friends -- and maybe you guys can clear it up for me -- Friends of Marine Stadium, let's say your goal in the next two years is to raise 2 million -- 35 million to cover that cost of the stadium. Let's say you don't meet that goal in the next two years, okay, but you raise, let's say, 10 million. What happens then? We reevaluate the agreement or the partnership? Ms. Bravo: At that point we would come back to the City Commission and -- Commissioner Spence -Jones: Okay, all right. So then this becomes my question, which I don't see an agreement, which is one of the things I requested, and I'm going to ask that it be amended to include it in there, and maybe I overlooked it. But if it is, please correct me on it. The concern I had was, let's say they raised the money, where does the money go? Does it go in a escrow account? Does it go into the City's special revenue account? Does it come in front of the City Commission, and let's say it's a million -dollar donation. Does -- is that money then collected -- you know, presented in front of the City Commission? It goes in the special revenue account and then nothing is to be spent out of there. That money is to stay there and go nowhere else, 'cause I don't see that in the agreement and I know that was one of the things that I asked for. Ms. Bravo: Right. And -- Commissioner Spence -Jones: Unless you have it in here, you can point it out to me then. If not, I'd like to definitely amend that any revenue that's generated goes into a City of Miami special revenue account, that is stays there, and that any time anything is spent out of that account, that the City Commission has to vote and approve on that. And let me just tell you my concerns for that. I don't want us to be in a situation -- any one of us could decide to leave or we might want to move on to retire and do something else. But my point is five years from the line -- down the line, ten years down the line, I don't want us to be in a situation where, one, we have no control over what happens with the money. I don't want us to be in a situation two years from -- down the line that Friends of Marine Stadium then turns around and says, hey, you know what, we've done this for free for the last four years; I need to pay my executive director, I need to pay for marketing, I need to do all these additional things in order to continue the mission of what we're trying to do. So I'm just very, very concerned, for good reason, once this money is collected, where does it go and how is it maintained. Ms. Bravo: All right. Well, the -- Commissioner Spence -Jones: So ifI missed it, show me in the agreement. But I know that I -- and you remember me having this conversation. I definitely want to make sure that if any money is collected on behalf of the City of Miami, because you're taking the City of Miami's brand and City of Miami Page 95 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 its name and you're going out there to raise money -- Ms. Bravo: Right. Commissioner Spence -Jones: So I don't want to see this go into a -- your own personal Friends of Marine's bank account, okay, that we have no rights or no ability, except in audits, audited statement, I would really prefer for it to go to a special revenue account, like we do all these major things that we do. Ms. Bravo: Right. Commissioner Spence -Jones: So I don't see that in here at all, so I would like to definitely amend the agreement to include that. Ms. Bravo: Well, in conversations with the Friends and the fundraisings that would occur, some of the grants and opportunities that they would pursue would also give them funds to hire someone that's like a dedicated fundraising specialist. So in raising funds, purpose of some of the funding would be to help generate additional fundraising activities. Commissioner Spence -Jones: Okay. Ms. Bravo: So I would like them to address that. Commissioner Spence -Jones: But this -- do you understand, Alice? This is -- Ms. Bravo: Yes. Commissioner Spence -Jones: -- the issue and concern I have. We allow our brand, City of Miami brand, to be utilized and I love it. I think it's great that we have partners like this. But we have a responsibility in the end -- at the end of the day, it ain't -- it's not you that's put on the spot. It's not the City Manager. It's us sitting up here voting on issues and getting hit when something goes wrong. So my concern is, you know, I would rather you be frank and upfront, like Commissioner Sarnoff said in the beginning. We're going to need to have monies to operate and do things; and if we raise money, we would like to make sure we have money to do that, but let's not say one thing and mean another. And I know specifically I asked for that to be included in the agreement and it's not here. Ms. Bravo: Correct. And I would like Ms. Lewis to address that. Ms. Lewis: Okay. Commissioner, we have talked with -- we've talked with potential donors who have expressed varying degrees of commitment and interest so far. A common theme is if we write you a check, how do we know that it is going for the renovation or the rehabilitation of the Marine Stadium or for Marine Stadium specific purposes. Commissioner Spence -Jones: Right. Ms. Lewis: My group -- Commissioner Spence -Jones: Yes. Ms. Lewis: -- or the Friends of the Marine Stadium -- and our focus is the stadium, okay. So we have a potential responsibility not -- to be able to say to donors that when you write the check to the 501(c) [sic] organization, that's Friends of Marine Stadium, Inc., that money is going to be accountable to you, donors, and to you, the City of Miami, because at your behest, Commissioners you know, we are to give you monthly financial reports (UNINTELLIGIBLE) this City of Miami Page 96 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 is the amount of money we got in the bank on day one of the month. This is the ending balance. This is how we spent it. At any time during this two-year opportunity for Friends to raise money for the benefit of the City and its citizens, if you all, and through the Manager, don't like the way we're spending the money, the Manager has absolutely the right to call a halt, take it back to the Commission to say wait a minute, these folks are not doing what they're supposed to do. But if funds are required to be put into a bank account that is controlled by somebody else, okay, it limits our ability to raise money for the purpose of the restoration of the stadium because we don't have any assurance, any contractual commitment that at the end of the two-year period, that the City is going to say, okay, Friends, we like your business plan. We like your successes in raising funds. You all have done a good job and, therefore, we're going to firm up in a legal relationship your ability to continue to raise funds for the operation of the stadium. Commissioner Spence -Jones: Okay. Ms. Bravo: And I sure (UNINTELLIGIBLE) -- there's also an issue with the ability for someone to use a donation as a tax deduction -- Ms. Lewis: Yeah. As I said -- Ms. Bravo: -- if it's a 501(c)3. Ms. Lewis: -- we are a 501(c)3 -- Commissioner Spence -Jones: Okay. Ms. Lewis: -- organization. Commissioner Spence -Jones: Okay. Ms. Lewis: And so when somebody writes a check, they are able to obtain a deduction as long as we adhere to our -- what we committed to the IRS (Internal Revenue Service) about what we're doing as a 501(c)3 organization. Commissioner Spence -Jones: Okay. So let -- I heard you, Lynn, but it's -- to me it's still -- it still boils down to the same thing. Basically, what I'm hearing in a nutshell from you is that there may be donors -- and you may not mean it fully like this, but there may be donors out there that want to give but maybe they don't feel too confident in what the City's -- if they raise the money, if the money's going to actually be used for that opposed to something else, or perhaps it's going to go to the specific purpose so that is a concern for the organization. You don't want the money to come into a special revenue account or no organi -- whoever's giving may not be all that comfortable with it, correct? Ms. Lewis: I would -- rather than give you the impression that donors don't trust the City of Miami, which is not the impression I'm trying to give you -- Commissioner Spence -Jones: Okay. Ms. Lewis: -- they want the ability to have a legitimate tax deduction -- Commissioner Spence -Jones: Okay. Ms. Lewis: -- and they want to have the entity to whom they write the check -- Commissioner Spence -Jones: Okay. City of Miami Page 97 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Ms. Lewis: -- okay, to have some authority and accountability back to them. Commissioner Spence -Jones: Okay. Let me -- the suggestion that I made to them in the midst of our briefings was if that was the case, then there are entities out here that do that, that protect not only you guys, but protect the City, i.e. the Miami Foundation. I mentioned that in the meeting, and I mentioned them because they're credible, the money could be raised. A lot of the trust -- they run through it already. They put a process in place on how the money needs to be reported. They -- we get no IRS issues. I mean, there's several protections that you get when you're associated with a non (UNINTELLIGIBLE) entity. I just think -- and maybe the Commission -- fellow Commissioners don't really understand my concern about this, but I could have Friends of the Lyric Theater -- I'm going to use that as an example -- as far as I'm concerned that -- Friends of the Lyric Theater is important to our history in the heart of Overtown and we want to restore it and we want all of those great things to happen too, right? But that would be like them coming up to us in the midst of the City Commission and asking us to do -- create the same kind of relationship, right, and they be responsible for how the money's administered. And let's say something goes wrong -- 'cause we never think about if something goes wrong -- what protections do the City have that money will be used for that said purpose? I trust you to death, Lynn. I've heard nothing but great things about you so I don't -- I know that you will not put yourself in that position, for whatever reason -- of course you got a -- you have a reputation to protect. And, Don, I know that you've been committed to, you know, this issue for God knows how long. But let's say neither one of you guys are not there anymore -- I mean, we just -- I can't believe that any of my fellow Commissioners would not even understand why I would be concerned about making sure that we at least have the necessary protections around money that you would go out and raise, which I agree, okay. I don't have a problem with that. But yet and still, the only time we're going to be able to really have a say so is if we get an audit back from you or statements back from you and we're catching or we're identing an item that's a problem, especially if we didn't say from the onset that you were going to use the money for fundraising 'cause this is the first time I'm hearing it right now in this meeting. I did not hear before in any of the briefings that I had -- it was told to me, no, no, Commissioner; the money's going to be used strictly for the rehab of the stadium and for the stadium project itself. Nothing was ever communicated, Alice, correct? You just told me now that monies would be utilized for fundraising -- perhaps hiring somebody to do fundraising. Ms. Bravo: Well -- and that came later when we met with your chief of staff, the agreements terms. Commissioner Spence -Jones: Okay. So my point in all of that, I just think that what would make me much more comfortable is to make sure -- if y'all don't want -- if the understanding from the City Commission up here is that you guys don't really care who is in control of the money and how they spend the money, as long as the stadium gets built, if that's the understanding from the Commission, I understand. On my end, I would like to definitely at least put on the record that I would like to make that amendment that there's either a special revenue account or the Miami Foundation or some group, if they're not comfortable with it, that will at least hold the money in escrow in a trust and that monies will go through some sort of process, because I do not want us to find us in a situation later on where there might be a problem. I'm almost done and then I'm -- this is the last question, honestly. I'm done, done. So if we can have that amendment, I would greatly appreciate it. Mr. Worth: Just like to make a quick comment. Commissioner Spence -Jones: Sure. Mr. Worth: Commissioner Spence -Jones, we are concerned about those things. We've met several times with the Miami Foundation. City of Miami Page 98 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Spence -Jones: Okay. Mr. Worth: We met with Javier Soto about a month ago. They're very much in the mix right now. Our bank account is at Northern Trust. Our board, we're trying to build the right kind of board to really dispel some of these issues. Our treasurer is here today, Jose Mendona (phonetic), Jr. He's a certified public accountant. We have three recognized attorneys on our board. It's more like a law firm; they're all senior partners. So we're going to continue to work with you because the appearance of those issues as well as the substance is really important. Commissioner Spence -Jones: Okay. So are you putting on the record that you'll accept the amendment of the Miami Foundation being the trust for the monies? Mr. Worth: I can't speak for our board. I can't speak for our board. Let us explore it. Mr. Hernandez: We're willing to explore it. Mr. Worth: Very willing to explore it. Mr. Hernandez: Since we're going to come back here anyway, we're willing to explore it. Ms. Lewis: And may I say something to the Commissioner? Commissioner Spence -Jones: Yeah, you can. Ms. Lewis: Okay. Please bear in mind that the MOU says that our fundraising activities will be limited to the purposes of this MOU, okay. And that -- Commissioner Spence -Jones: Meaning, just so I -- so we fully understand or I understand it? What -- meaning? Ms. Lewis: I'll tell you what it means to me -- Commissioner Spence -Jones: Okay. Ms. Lewis: -- okay. It means that the purposes of the MOU, in my simple language -- Commissioner Spence -Jones: Yes Ms. Lewis: -- are we get the responsibility to go out and develop a business plan on our own dime. Commissioner Spence -Jones: Yes. Ms. Lewis: We have the responsibility to go out and raise funds -- and we've all talked about the 30, $35 million number -- on our own dime. Commissioner Spence -Jones: Yes. Ms. Lewis: We cannot do anything that is not related to those two things without violating the MOU and so that gives us some significant limitations. And it gives, in my opinion, you significant rights to, when you get those monthly financial reports and you see and your staff sees that there's something that you consider or they consider not limited to the purposes of this MOU, to call the matter up and to exercise your right to terminate the MOU, throw out Friends because they would have violated the limitations of the MOU. City of Miami Page 99 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Spence -Jones: Okay, but -- Ms. Lewis: Now that's my interpretation. Commissioner Spence -Jones: -- okay. So -- but, Lynn, this is what I'm -- everything you're communicating is after the fact. That means after the bank account is set up, after the money comes in, after we receive a statement, if there's any issue or concern with any of those items, we really don't have any say so until after it's done, correct? Ms. Lewis: You have the right -- you know, this mechanism, okay, the structure is that we report to a Steering Committee which guides us, directs us, helps us, and then your City staff helps, guides, and directs the Steering Committee, so it is a public/private partnership. Now I think -- to answer your question directly, the -- after -- you call it after -the fact review, I think, to me it is we're working together on a monthly basis. You're seeing what we're thinking about doing. Your -- as -- the first question that you, if you were the staff person, would say is wait a minute. Is this limited to the purpose of the MOU? And if it isn't, then the expenditure or the great idea are thrown out because it's not limited to the purpose of the MOU. Commissioner Spence -Jones: Okay. But I guess my point is, Lynn -- because we're probably not going to be on the same page about this item. But my point is can any of these funds be used that are raised for anything beyond the building of -- the restoration of the Marine Stadium. Can they be used for marketing? Can they be used for fundraising? When -- again, I'm not a number man -- number's man. Carollo's really a number's man, so -- Ms. Lewis: So I should talk to him? Commissioner Spence -Jones: -- at the end of the day, we're going to get financial reports on what was raised how much was spent, correct? Ms. Lewis: You're going to get how much money is in the bank on the first day of the month, what it was used for, what it came in for, and what it was used for and what's the ending balance. And so you said -- you asked me the question, gee, can Friends use funds for fundraising purposes? And my answer to you is yes, ma'am, we can because the MOU says that what we are supposed to do is develop a business plan and a fundraising plan. We're supposed to raise funds. Commissioner Spence -Jones: I -- do you -- maybe I'm just the insane one in the room. I mean, I hear you. And the problem for me in all of that is that everything single thing you're talking about is after the fact. It's like -- I would like to at least have some assurance prior to going into it that the money that is raised is in a separate account, whether or not it be Miami Foundation, whether or not it be -- the City has special revenue accounts all day long. I mean, we do this. We accept donations from countless people for several projects that we have throughout the City of Miami. Why -- I can't understand why we don't understand the importance of us having the extra eyes on how this money's being spent. I don't -- I'm really lost on that. And I mean -- and I know the people at home have to be lost on it. We're allowing you -- giving you an MOU or an understanding for you to use the City's name, to use the City brand to go out and raise money and you're going to put it in your own bank account; and if you feel that you can utilize the monies to fundraise or to market or to, you know, build more interests in -- so my point is, let's say you raise $2 million, right, but you need to spend a half a million to create the operational plan, the marketing, the -- all the things that you need to make it happen. Where is the gauge -- where is this -- where is our role in making sure that that money is not utilized in a manner that we may not necessarily agree? I don't understand the money part of it and that's a problem for me. Mr. Capurso: Well, I'm going to explain that. City of Miami Page 100 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Spence -Jones: Okay. Is it 10 percent -- Mr. Capurso: Commissioner -- Commissioner Spence -Jones: -- of the monies raised -- Mr. Capurso: -- one of the -- Commissioner Spence -Jones: -- that goes to the organization for administration? I just need to know that. Mr. Capurso: Okay. One of the important things to understand is that this organization is a bona fide 501(c)3 organization. Commissioner Spence -Jones: Okay. Mr. Capurso: It operates under the rules of the IRS, comes under section -- Code Section 170 of the IRS Code. Commissioner Spence -Jones: Yes. Mr. Capurso: There are very strict requirements as to how an organization, such as this, is meant to handle this money. Commissioner Spence -Jones: Yes. Mr. Capurso: And it will follow those instructions to the letter or lose its status -- Commissioner Spence -Jones: Yes. Mr. Capurso: -- as a nonprofit organization. Commissioner Spence -Jones: Yes. Mr. Capurso: So the checks and balances are there. They are in place. Also, because I -- I've been familiar with a lot of fundraising campaigns for the last 45 years for all kinds of organizations, including those that are public/private funded that have this combination. It is -- on average, the cost of raising money on a project of this size, somewhere in the 25, $30 million range, will come to roughly 1 percent of the entire money raised. That's on average. Reputable firms that do this business, that's where they are. So you're not talking a huge percentage of the total cost involved there. Commissioner Spence -Jones: So you're -- Mr. Capurso: So the IRS oversees all of what they do. They have to file their regulations. If there's anything that they're doing that's a problem, they have a serious problem. And donors know this and that's why they trust 501(c)3s to be able to handle their money. Commissioner Spence -Jones: What's your name, sir? Mr. Capurso: I'm John Capurso. Commissioner Spence -Jones: Okay, John, let me -- I'm very aware of 501 -- City of Miami Page 101 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Mr. Capurso: Yeah. I spoke here before; if you happen to be away from your chair at the time Commissioner Spence -Jones: Okay. Mr. Capurso: I'm the president of the Miami Chapter of the Association of Fundraising Professionals. Commissioner Spence -Jones: Okay. So I'm very much aware of 501(c)3s and what they do and all of that and how it works out, but we also know that there's -- we can think of probably countless of nonprofit organizations that also find themselves in whatever situations because things were not handled properly. Mr. Capurso: That has happened, yes. Commissioner Spence -Jones: Okay, so, you know, my question becomes are you telling me 1 percent of the funds raised by the organization will go towards the administration? 'Cause you said 1 percent. Mr. Capurso: No. That'll go towards fundraising costs, from marketing, raising money -- Commissioner Spence -Jones: But do you understand why I would have a concern that all of this stuff is --? We're not clear on how all the dollars are going to operate; now we're giving you the right to go out and raise money utilizing the City's brand to do that? Mr. Capurso: I understand that. Commissioner Spence -Jones: Okay. So I just want to make sure. I mean -- and I'm done on that. I'm done on that. I think that we need to -- definitely need to have clarity on take -- you know, spending -- raising money and us not having any -- what's the right word, Carollo? Chair Suarez: Accountability. Commissioner Spence -Jones: Accountability, right. -- accountability on the funds. And I'm done. This is it. I wanted to understand from Alice -- and I said this in my meetings, so that's -- I want to keep it open so everybody understands my viewpoint -- is we now have decided to create this wonderful Steering Committee, which I think is great. It's kind of birthed out of our issues and concerns with their overall agreement that we -- the City will have a Steering Committee that will work along with this particular group to continue -- to make sure they stay on the right track and they raise the money and things happen as we say it should happen. I just couldn't understand for the life of me why couldn't it be the other way around; that the City has a Steering Committee, right, that Friends of Marine Stadium, that Becky's organization, Dade Heritage, that Ava and everybody that's -- that understands the importance of saving the Marine Stadium could sit on this Steering Committee and they all work very hard to, you know, make things happen for the stadium. Why was it necessary to have a separate group that we -- that would just strictly focus on nothing but that from a financial standpoint. I'm just trying to understand why we had to have two. Why couldn't one staring [sic] committee be created by the City, which you guys have already done; that each one of those organizations they're sitting on, that you still can raise the money from -- 'cause Friends still can go out and raise money. I know Friends of Butterflies, Friends of a whole -- and they go raise their money and when they raise their money, they put it in their own bank account; or once they got their money raised, they come back and say, hey, look, we've done a great thing. We're raising money. They have partnership letters or, you know, partnership agreements, or whatever the case may be. That they are -- you know, they have a relationship with the City, but they're -- they don't have access to a bank account that the City is -- partly should be responsible for. Why couldn't we just do a Steering Committee? I'm trying to understand why couldn't a Steering Committee lead this effort. City of Miami Page 102 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Ms. Bravo: Well, it was the Friends that approached the City -- Commissioner Spence -Jones: Okay. Ms. Bravo: -- to lead the effort for -- Commissioner Spence -Jones: Okay. Ms. Bravo: -- the fundraising and the operational plan. And the Steering Committee was created by the Manager as a safeguard -- Commissioner Spence -Jones: Okay. Ms. Bravo: -- basically to bring people with the expertise to see their operational plan and help them make sure that it is viable. Because for them to raise the funds and have an operating plan that maybe is built on premises that are not realistic, you want to bring in people with the expertise doing these kinds of projects, such as a performing arts center, and help make sure that their plan is viable so that in going forward, it's successful. So they're the entity that approached the City with the vision of doing the fundraising and how it could function and be self -sustainable. So it's -- it was their initiative to move this property forward in this manner. Commissioner Spence -Jones: Okay. So I understand that we all can have wonderful initiatives, but why couldn't the City have a -- just a Steering -- the Steering Committee that it has already and they still sit on the board of the committee and they raise money (UNINTELLIGIBLE) their own bank account; not an issue. Why couldn't that -- why couldn't we just do that? Why did we have to have an MOU with this particular group to do that? And I want to say that I see Nancy. I see a couple of elected officials. And I'm going to address Nancy in the end, but go ahead. Tell me why we couldn't just do that. Why couldn't you just deal with the Steering Committee? Because it was their idea? Ms. Bravo: Again, we're -- Mr. Martinez: They have three members in the Steering Committee. Commissioner Spence -Jones: Right. So my question is why can't we just have a Steering Committee? Ms. Bravo: I don't know that the Steering Committee is willing to do the work. The Steering Committee, we're going to find people that want to volunteer and help guide the process and provide their assistance and their expertise in doing this. But they have taken on the responsibility of doing the work, the fundraising and the developing of the operating plan. Commissioner Spence -Jones: But they're going to get paid to do that. Ms. Bravo: No. Commissioner Gort: No. Commissioner Spence -Jones: Wait, wait, wait, wait. Wait a minute. No, let's be clear, let's be clear, let's be clear. I just asked him two seconds ago, I said if the money is raised, are we going to be -- use any of these dollars from the monies raised -- and it came from him, not me -- 1 percent of those funds that would be used would be used to raise funds. I'm not talking about the board members getting paid. Of course not. I'm not speaking of that. I'm speaking again about outside fundraising arm going out to raise funds, correct. So they're not doing it for free. You City of Miami Page 103 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 just said they were not going to be doing it for free, correct? So I'm not wrong for that statement. So I'm just trying to understand why -- Alice, okay -- couldn't they, just as Friends of the Marine Stadium, have their own organization that raises money, that has a partnership letter with the City of Miami stating that they can go out and raise funds and they support whatever efforts to get it done. Why can't -- why couldn't we just do that? Explain to me why we couldn't do that. Ms. Bravo: Again, the Friends is a group that has undertaken efforts to this end, and I think maybe it's best addressed by them, the efforts that have taken place, the time that it takes place, the hours that it has required of their time. Commissioner Spence -Jones: But, Alice, I don't really need for him to explain that. I'm trying to ask staff because staff -- Ms. Bravo: Okay. Commissioner Spence -Jones: -- in the end of the day, has to explain to us why this is better than just having a Steering Committee that you have members sitting on that particular board that can still go out and raise money. We're not preventing them to do that. Why is it better to do -- to have those two separate entities happening? Ms. Bravo: Well, the Steering Committee, the purpose of it is to provide oversight, guidance, and at the end of the day, help perform an evaluation of their efforts. What you're proposing is basically recruiting people to perform nonprofit work on behalf of the City and we already had a nonprofit group that approached us willing to do the work. Commissioner Spence -Jones: Right. Ms. Bravo: So the Steering Committee was created to provide that level of oversight. Because there was a nonprofit group willing to do the work, I don't think that the idea was crafted to create a separate entity to mirror exactly what they were proposing to do. Commissioner Spence -Jones: And why can't they do it on -- why can't they just do it on their own without us? Ms. Bravo: Well, in our conversations -- Mr. Capurso: If I may? Ms. Bravo: -- with them, they've espoused -- Commissioner Spence -Jones: Commissioner Gort, please let me finish on this. I really want -- I understand, you know -- I try not to drill down on too many things, but I've been having issues with this from day one, from day one. Mr. Hernandez: I'm happy to try to answer -- Commissioner Spence -Jones: And I did have an appointee on the MSEA board and I probably would have appointed myself and I would have really had a issue with it from the very beginning. So I just want to be very clear that I get all my answers before I make an informed decision. Mr. Hernandez: Of course, of course. That's why I'm here. You know, and we thank you for your thoroughness. I -- everybody, I think, in the room, everybody wants to see this building be brought back. Everybody -- Commissioner Spence -Jones: Right. City of Miami Page 104 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Mr. Hernandez: -- loves the building, and we're all trying to figure the best way to do it. The 501(c)3 that has been created has been working for four years -- Commissioner Spence -Jones: Yes. Mr. Hernandez: -- under the auspices of Dade Heritage Trust, which is, as you heard, the longest and oldest preservation organization in Dade County. Commissioner Spence -Jones: Right. Mr. Hernandez: But at a certain point, the mission of Dade Heritage Trust is broader. It's not so focused that it can only work on one building. Commissioner Spence -Jones: Right. Mr. Hernandez: So that's why Friends came out of Dade Heritage Trust and created a standalone 501(c)3. Commissioner Spence -Jones: Okay. Mr. Hernandez: I think you heard also, Commissioner, Nancy Liebman speak that when this happens, typically across the country, when an old theater or an old school -- there's only one Marine Stadium by the way. We did the survey. In the whole country there's only one of these. Commissioner Spence -Jones: Right. Mr. Hernandez: But when these kinds of historic properties that are, you know, beloved by communities have a success, it's because a group of people rally around that one building, which is what's happened here. It just so happens that on this committee, we have -- I'm on the National Trust Board so we have a preservationist. Don, as you said yourself, Commissioner, has been unbelievable in using his talents in identing potential future opportunities, and we're blessed to have the original architect of the stadium with us. Commissioner Spence -Jones: Right. Mr. Hernandez: I mean, that's unique in the country -- Commissioner Spence -Jones: Right. Mr. Hernandez: -- that a historic building would have the original architect advocate for its protection and its continuance of service in the community. Commissioner Spence -Jones: Right. Mr. Hernandez: We will commit to you, because I very much appreciate your concern for fiscal responsibility -- in this MOU there is a provision where we must come back to you in six months with a complete and detailed plan. Some of the questions you're asking about why not the Miami Foundation, we will come back to you with all of those answers when we come back with a complete and detailed plan. And as you heard from Don, he's already started conversations with the Miami Foundation. But as you stated, and we know, all of these foundations also charge a fee, so give us time to shop around to find the best one with the lowest fee so the most number of dollars given to this purpose will go for bricks and mortars. We commit to you to do that and we are mandated to come back to you. This is a time for us to do more homework and come back with hopefully the perfect solution for this. City of Miami Page 105 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Mr. Martinez: Mr. Chair. Mr. Hernandez: That's what we're trying. Mr. Martinez: May I ask -- Chair Suarez: Yes. Mr. Martinez: -- Jorge a question? Chair Suarez: Yes. Mr. Martinez: I understand that you may hire people to help you with the marketing to fundraise and come up with a plan. Mr. Hernandez: Yes. Mr. Martinez: But will you, yourself Hilario, or Don be drawing a salary? Mr. Hernandez: No. Mr. Martinez: Okay. Mr. Hernandez: We're an all -volunteer board. And I might just add, we're also in conversations -- Commissioner Spence -Jones, the -- there is a possibility that our fundraiser be paid for by the National Trust. We're in conversations about that. At that point, we don't need to hire our own fundraiser. They will -- because the Trust has committed -- now that this is a national treasure, this site, and the Trust has committed to help us with fundraising, they might send one of our employees -- one of their employees down here two days a week and help us for free with this initiative. We're just in the midst of putting that puzzle piece together, so we don't know yet, but we commit to you to bring a complete picture in six months if you let us get started. Commissioner Spence -Jones: Okay. Thank you. Mr. Hernandez: Thank you very much. Commissioner Spence -Jones: Okay, Alice -- and I'm actually done. I did want to say this to Nancy Liebman, which I know has been always on the forefront of these kind of issues. You know, Nancy, for me -- and again, just dealing with the -- just dealing with transparency, and I think the concern -- as an elected official, I'm sure you under -- a former elected official -- you'll always be elected official to me. But as sitting Commissioners up here, the concern is always did we allow or did we put a process in place for other -- for all to participate. And I think that that's what you -- the discord in the room is not that we don't believe in what the Marine Stadium is -- what the Friends of Marine Stadium is doing. We absolutely believe in it. Guess what, nobody else has taken it up. And they've taken it up and have done a great job with it. I support them wholeheartedly. Any way that I can, you know, support them, I will. My concern is I don't ever want to be sitting in this seat and it be said that we did not have a fair and open process and that's the concern. You know, when you hear people talking about this issue, it's not really about whether or not they want to see Marine Stadium happen. It's about us opening up the process to see if there are any other individuals that have an interest in the stadium, an RFP process, and I think that we're not wrong to ask the questions, you know. So that's what for me -- it's very hard for me to support this item today and I'm -- and as I -- as it was stated to me by Friends of Marine Stadium, they don't really need my vote anyway, and that's fine you don't, but you know, you got -- they have their votes. But the reality for me is I have a responsibility to the residents City of Miami Page 106 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 of my district and the residents of this City. I have to ask the tough questions because in the end, we all get to ask the tough questions in the end and we all get ridiculed when we make decisions that are not fair and transparent, and I think that that's where we are right here. No one's saying to Friends of Marine Stadium to not go out and do all of the great work that they 're doing. We're just simply saying for us to give you the right to come up with a plan for the land and then you turn around and create a plan for the land and then you participate on the end -- now, if they're telling me they're not going to participate in the for profit portion of it, which I'm glad you guys took out, you know, I'm cool with that. I respect that. But if you're telling me you're going to be a part of the process, you're going to help shape and develop what needs to happen there, and then on the back end when it's time to decide what actually happens on either side of the Marine Stadium, you're going to be in that process, to me I think that's a conflict. I think it's truly a conflict. I think that you have to have a process. I think that we have to see what else is out there. I think that's the right thing to do. Even if -- even if this means, Nancy -- and I'm sorry for talking just to you, but even if this means in the end that whatever the RFP, whatever goes out, right, that a part of that RFP or a part of that agreement is that Friends of Marine Stadium has to be a part of whatever the R -- and we do them all the time -- RFP process, I would be fine with that. At least that gives people an opportunity to participate. We're saying bypass the process, you know. We're not really concerned about if there's any openness to the process. We just feel that if these individuals, you know, can do the job, we should allow for them to do the job. And I'm just simply saying as an elected official, I think that, you know, that causes a lot of alarm as I sit in this chair. Because then my question becomes, how many more groups am I going to have to do that for? Friends of Gusman Theater, am I going to have to do that? Am I going to have to do a Friends of Bayfront Park? Am I -- how many times am I going to have to do that because there's a feeling that the City can't do its job. That's -- to me, it boils down to when do we stop. When do we stop? When do we cut it off? When do we not go through the process? So that's really what it is. I support you, Lynn. I support you, Don. That's not an issue. I'm glad you're doing what you're doing, but it's very difficult for me support this item today. I think that it sends the wrong message to the public, you know, that we're doing this and not having an open process. Chair Suarez: Commissioner Gort. Commissioner Gort: Okay, let me see where I start. As I recall, the reason the Friends of Marine Stadium came out because at one time previous Administrations, people wanted to knock down the stadium, the Marine Stadium, and build some hotels and some facility and (UNINTELLIGIBLE) tourist and this is where this group came up. My understanding is this group has been working volunteer for about four or five years. They raise funds to do -- and correct me if I'm wrong in any of the statements that I make. If they collected -- they raise fund to have some engineers do a study and analysis -- because the excuse before was it was about 70 or $100 million to reestablish the stadium. My understanding, a study was done, and that study came out with a figure of 35 million. And by the way, Commissioner Spence -Jones, I'm glad you asked all those questions because I think it's very important. 'Cause what happens is you see how long we've been discussing all this here. Tomorrow's paper is going to come out with completely different versions of what they think took place here. So it's very important and you all understand -- you people been working in this community for a long time. You've been sacrificing yourself and working, put in a lot of time for the love of this place. Now like it was stated by Commissioner Sarnoff, you do need additional amenities to support this 'cause it's not too good to build something and not have maintenance funds for it. I mean, that kills it. How many landscaping have we seen that we provide the money to create the landscaping, but we don't have the funds to maintain the landscaping? I think that's very important. Now, Commissioner, the reason I'm very -- I don't have any problem with this because my understanding is one of the reasons we gave him six months -- because the original agreement when they began all this was a lot more stricter than what we have today. The reason we ask for the six months because no one really had an idea of how much of that land they were going to take. At the same time we committed and we approved the master plan that was created for that City of Miami Page 107 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 area and we want to make sure that whatever takes place did not disturb the existing master plan that we voted on it. So that's why Commissioner Sarnoff came up with the idea, let's look at it, let's make sure you let us know how much space you really need, and how do you -- how you're going to do it. Now a lot of questions been asked today and I think they're very good questions and I think it needs to be answered. This -- my understanding is you have to come back in six months with a plan, with a budget, and agreement with the Trust account where everybody can feel safe and everybody knows that the money's going to be utilized the way it's got to be used. In other words, you got the master plan, you got your program, and you also going to have your budget, which is very important how that budget's going to be run. I think that is very important. And for that reason, I don't have any problems supporting this as it is right now. You have to come back in six months, and in six months, according to what you bring to us, we'll make the decision to go on. Chair Suarez: Thank you, Commissioner. Commissioner Spence -Jones: Can I just make sure though -- Chair Suarez: Yes, of course. Commissioner Spence -Jones: -- and Commissioner Gort, just piggyback on you, I do want to make sure that the amendment for the fund -- how the funding is going to be handled on here, the fiscal responsibility part of this, this has to come back in front of the MSEA board for approval. I would definitely like for that to be handled and addressed. I don't want to see six months go by where people are out there raising money and doing whatever else and we have no accountability on it. So when it comes back to the -- my amendment is definitely to make sure that when it comes in front of the MSEA board, that part of it's figured out so that there's no other issues. Chair Suarez: Thank you. Commissioner, go ahead. Commissioner Gort: And let me add, also a lot of statements been made here about the law. I want to make sure that the lawyers answer those questions. Chair Suarez: Thank you. I don't see Commissioner Carollo here right now, so I'm going to go ahead and put my thoughts on the record. Gee, there's a lot to talk about here. But I'm going to try to keep it as very -- as brief as possible. I think most of the Commissioners have mentioned a lot of the issues and so I just don't want to be repetitive. I do want to clam some things and, you know, part of the issue here is this has not been a very, very good process and it's not the fault of the Friends of the Marine Stadium at all. But just to give an example, before the MOU came to MSEA -- in the last MSEA meeting, I was not briefed prior to the meeting. So, you know, in that meeting I was -- where we added, at the behest of the Dade Heritage Trust -- the Dade Heritage Trust seat, at the behest of Ms. Solares, we added two public members. We also took out -- I suggested taking out language which basically gave operational control to the Friends of the Marine Stadium, which would have created a much, much bigger problem and really the problem that I think we're all really worried about here. And, you know, there has been a lot talked about certain Charter amendments and the Charter, and there's one thing that I do want to correct, which is -- and if I misstate the Charter, Madam Attorney, please correct me. There's been a notion out there that for all waterfront property, it has to go to a referendum, and that's just not accurate, okay, and I'm sorry. It's just not an accurate statement. It's not accurate legally. Under certain conditions, if certain things are not done, for example, if there's not a request for proposal process, an RFP process, then it may trigger a public referendum. But there's only one piece of property in the City of Miami that is subject to a referendum on all dispositions and that's Watson Island. Have I correctly restated the Charter? Yes. Thank you. Let the record reflect that she's nodding her head up and down yes. Ms. Bru: Yes, you have, Mr. Chair. City of Miami Page 108 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: Thank you. I don't think -- and just to Mr. Bush's concerns, I don't think that there's any downside to having an oversight board as we have already agreed to have. I think that's not mutually exclusive with what we're doing here. And I am -- I will gladly sponsor the resolution that you have drafted, if you'd like, on the next Commission meeting so we can establish that board and get that ball rolling. I think it's, you know, a legitimate action to take and it's -- we already -- it's a no-brainer. We already approved it, so you know, it's just matter of -- and you know, sometimes government is that way, you know. You approve something and then, you know, nobody picks up the ball until someone who really cares about it comes and brings it to the attention of government, so I appreciate that. I have to say that the $3 million grant that we had from the County is not a perpetual grant. It's not going to be there forever. It's a grant that is tied to a variety of other things, and if we don't do something about the Marine Stadium, that grant is going to go away and, ultimately, the Marine Stadium is going to have to be torn down because there's no -- you know, there's not going to be any feasible way to restore it. I am very sensitive to what Commissioner Spence -Jones has risen as issues in terms of you know, accounting, and I think those are all very good points. My suggestion would have been to allow the City Attorney to designate an escrow agent in the period of time from now, you know, from the inception of the MOU until a more defined escrow agent can be named. So I mean, you can pick whatever firm you want, you know, and the City Commission can empower you to do that to act as an escrow agent, as a holding account until such time as one is established by this Commission, et cetera, et cetera, and I think that should protect the donors from any potential mismanagement or anything of that nature. You know, that's basically, you know, all my thoughts. I've been an attorney for almost eight years now. Not that long. And I could tell you that I have -- I've seen very few agreements that are as benign as this one. So you know, I think, again, the concern is well-founded on the part of Commissioner Spence -Jones, and I think we need to, as a Commission, maybe direct the City Attorney to choose an escrow agent. But other than that, I mean, this is simply empowering -- and the only person, the only entity that has stepped up to the plate to really make an effort to save the Marine Stadium and has the wherewithal to do so potentially, and all we're saying to them is, essentially, we're going to give you a period of time to see if you can raise the money and also come up with a plan that makes the restoration of the Marine Stadium viable. I think it's pretty benign. And aside from the concerns about the escrow account and the accounting, I think it's one that we should support. Ms. Bru: Mr. Chair Chair Suarez: Yes. Ms. Bru: IfI may, if you're going to propose that as an amendment to the resolution approving this MOU, the issue of the escrow agent -- Chair Suarez: Yes. Ms. Bru: -- I would ask that you give me the opportunity to talk to the members of Friends because, you know, they are incorporated as a 501(c)3. They have their bylaws. They have their articles of incorporation that dictate what their mission is. They're collecting funds. They're responsible for compliance with the IRS rules regarding tax-exempt donations or tax -- you know, the donations that they obtain as a 501(c)3, which are deductible from the income so -- Chair Suarez: But can -- Ms. Bru: -- to interject now yet another agency that will hold the funds and under what conditions and under what conditions it will be released, I think it's something that needs to be discussed. Chair Suarez: No. I -- look, I understand. You know, the -- whatever entity would be chosen City of Miami Page 109 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 would simply be holding the money in trust for that entity. In other words, they would be simply a holding account. So it wouldn't lose the tax deductibility of the contribution or anything of that nature because it's going to be ultimately turned over to whatever entity is going to be controlling the money. You know, I don't think it's a major thing. I don't know how you all feel about it. Mr. Worth: Just a couple of things. Chair Suarez: Sure. Mr. Worth: First, anything you come up with, we really got to review with our board. And second, John Capurso just had a suggestion, which is that there be an audit committee with appointees by the City and us, that we convene regularly and -- Commissioner Spence -Jones: Uh-uh. They could just -- Mr. Worth: -- we could go over our books. Chair Suarez: I think we're committeed out, Mr. Worth. Commissioner Gort: (UNINTELLIGIBLE). Commissioner Spence -Jones: Yeah, we're committeed out. Mr. Worth: Okay. Well, if you want one -- Chair Suarez: I think we're committeed out. Commissioner Spence -Jones: No, we don't need another committee. Commissioner Gort: We got enough committees. Chair Suarez: Yeah. Commissioner Spence -Jones: So you are going to make the amendments so that there's some fiscal responsibility. And I just want to be clear from my colleague, Commissioner Sarnoff, 'cause I just got clarity. I just want to make sure (UNINTELLIGIBLE) it's right. So you're saying that we're giving them the right to restore, raise money for the Marine Stadium. All the surrounding parcels is another story. Is that correct? Vice Chair Sarnoff. They have to come back to us in, under any stretch of the imagination, six months -- Commissioner Spence -Jones: Okay. Vice Chair Sarnoff -- and tell us exactly what they have planned and what their metes and bounds, what the size of the property they want to come back. That's when we should put any requirements that they have on them. And I could think of three IRS regs (regulations) -- Commissioner Gort: (UNINTELLIGIBLE). Vice Chair Sarnoff -- that will prevent us -- prevent them from doing what they want to do, which is anybody that gives a million bucks, in my opinion, wants a tax deduction for it. Commissioner Spence -Jones: Right. City of Miami Page 110 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Vice Chair Sarnoff. And you know, funny -- is the FOP (Fraternal Order of Police) -- is Javier here? Javier asked me to fundraise for an Angela Gutierrez for me for -- and I told him he had to find a 501(c)3 because if he wants to raise $30, 000, trust me -- I mean, people that give money simply want their tax deduction. So every time we put a requirement on these folks about tax deduction -- oh, I'm sorry, about putting it with the City of Miami or putting it with our nominee or putting it with an entity that may charge a handling fee, you know, we're not really thinking through the entire issue. Yet, we have six months to think through that issue, six months for them to come back to us and say feasible or not feasible, and six months for us to say that's too big a piece of property you're asking for and I don't think three for profit ventures are necessary or you might say one's okay with you or whatever it is they come back with. So all we're doing is allowing them six months to coordinate certain things that are pretty well spelled out here. They come back to us with this is what we propose, this is what we think it is, and then they should by then be able to tell us what their implications are for, you know, fundraising on this. And just one comment, Commissioner Spence -Jones, 'cause I know you think that this demonstrates that the City is not -- I think you put it that we're not able to handle our own business of sorts on this, and I think it comes down to the role of government, and I think government's role in needs to change. You have people with desire. You have people with talent. You have people with vision. And our role as government up here is to be good stewards with land. Sometimes it's our obligation to make a determination that the private sector, the private citizens are going to be better stewards of our land than we are, yet protecting and ensuring that it's open to the public in general. This is such a situation because if you look at past history, if you look at what we have done with Marine Stadium, we have not been good stewards with our land. We've demonstrated our failures. What we're doing right now is saying a new day has dawned, as it has for every government by the way. It isn't just City of Miami. It's basically every government in the United States, probably every government in the world. And we're now saying there may be people that are -- will be better stewards of our land than ourselves, and our role as Commissioners up here is to ensure it's a fair process, it's an open process, it is a process that will treat everybody fairly and equally and make this available to as many Miamians as possible. And so I just would couch it that I don't think we're a failure. I think we're demonstrating that it's the new normal, as you've heard me say it before. We're just living in new times, and the new times dictate and militate that people with vision, people with talent and people with desire should be the ones that will take over a prize property, yet, as Commissioner Spence -Jones said, in a very open and transparent way. Commissioner Spence -Jones: And I just want to add on what you just said. I totally -- and that's -- that -- to me that's exactly what I'm saying in this issue. The question becomes was this fair and was this open, you know. Will people walk away from this vote saying that they had the opportunity to participate, and that's my concern? And that's what -- in the end of the day, that's what we're all judged on. Whatever vote we take, was this --? And then more so than anything else -- I just want to make sure I say this to the Administration 'cause I think we need to get out of this habit. We didn't do this -- you know this -- we very sel -- we -- I don't remember us really doing this four years ago, three years ago, you know. When it came to property or anything like this, there was always a process. It's always a process, always a process. And I don't know how we got off track in not doing that, but I'm just simply saying I think that this should be the last time something like this comes in front of the City Commission. Any time -- anybody, I don't care who it is, it should go out. It should -- we should leave the process open for people to apply. An RFP process should be put in place. Even if that RFP process says you must coordinate all your efforts with Friends of Marine Stadium because they have a -- you know, they've been working on this, I don't mind that. But I do have a problem with not having an open process, and that would be the only reason why I would not support it today. I don't like how it's being done. Chair Suarez: Thank you. Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. I'd like to start by saying that I am in favor City of Miami Page 111 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 of restoring the Marine Stadium. I had the opportunity to meet Mr. Hilario Candela, so I was very happy about that. And I know I also met with Mr. Jorge Hernandez and others. And I am in favor of restoring the Miami Marine Stadium so much so that just a few weeks ago when I had an item for bond monies just for $42,000, some would say I came under attack. I decided to go and raise some money from the private sector. That same Commission meeting there was an item to use the same type of funding, Homeland Defense Bond money, for $940, 000 for Marine Stadium, I voted in favor of it. At the same time, it brings up questions 'cause when I met with a group yesterday, I asked funding sources. What are the funding sources? Not once was there mention anything about the City of Miami, and it made sense. Apparently, they're going to raise some money and they're finding different grants, but yet, we are still approving items from our bond dollars for the Marine Stadium. No, that's not true? Ms. Bravo: No. Commissioner Carollo, that appropriation was for the seawall at the Miami Marine Stadium Marina, which is to serve as a match for the FIND (Florida Inland Navigation District) grant that was discussed earlier today. So that's west of the Marine Stadium itself. Commissioner Carollo: So let me ask you something because I hear -- I see here Marine Stadium, marine at Virginia Key. Ms. Bravo: Right, the marina, which is the active marina immediately northwest of the Marine Stadium, which is the City marina that we operate. Commissioner Carollo: Let me ask you something then. What about the ones for this Commission meeting, which is approximately 839,000? And again, I see Marine Stadium, marina bulkhead replacement, Marine Stadium bulkhead replacement again. Ms. Bravo: Right. That's the FIND grant that we applied for today. The appropriation at the previous meeting was for the match. Correct? Albert Sosa: Albert Sosa, director of Capital Improvement. And Commissioner, forgive me, I may not have caught the complete question. Earlier today we voted for a FIND grant in the amount of approximately $800,000. That was for the Marine Stadium Marina Seawall Replacement. Is there a different vote that you're referring to? Commissioner Carollo: I believe so, and give me a second just to find it. Give me a second, please. It's under the CIP (Capital Improvement Programs) projects? Mr. Sosa: Sir? Commissioner Carollo: The CIP projects. Give me a second. Mr. Sosa: Sure. Commissioner Carollo: Mr. Sosa, RE.4. Mr. Sosa: Okay, that isn't today's meeting. Since we have gone out of sequence, RE.4 has not been heard yet. The item in RE.4 related to Marine Stadium Marina bulkhead as related to the FIND grant for the marina, if we're talking about the same thing. Commissioner Carollo: If we are, once again, it's still $839, 000 for the Marine Stadium Marina bulkhead. Mr. Sosa: That's correct. That's for the FIND grant associated with the seawall at the City's operated marina where the boats -- it's a dry stack configuration where the boats approach the -- sorry, the forklifts approach the water to drop the boats into the water. City of Miami Page 112 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Carollo: So it is not in the area of what was in the attachment A, area 15, area 19 ofRE.12? Mr. Sosa: It's -- forgive me. I'm referring to a chart and it shows as item number 10 on that chart. It's where there's like a dip in the shoreline. Ms. Bravo: That's the area where the boats are actually pulled into the water. Commissioner Carollo: Okay. And what I'm seeing is the legend that was provided -- Ms. Bravo: Right. Commissioner Carollo: -- that shows all the different areas in the Miami Marine Park proposal. Ms. Bravo: Correct. Commissioner Carollo: I guess is what the title is. Ms. Bravo: The area titled number 10 -- Commissioner Carollo: Rusty Pelican Bridge? Ms. Bravo: Correct. That's where our existing bulkhead wall is located and that's what would be repaired with the FIND grant. Commissioner Carollo: Okay. So this actually will not go to the Marine Stadium complex. Ms. Bravo: No. Commissioner Carollo: Okay. Ms. Bravo: It's not in the area of consideration for the six month evaluation period. Commissioner Carollo: Okay. I thank you for that statement. And at the same time, when it reads Marine Stadium Marina, you know, right off the bag [sic], one would think that it deals with the Marine Stadium. I think it should have mentioned something about the Rusty Pelican Bridge so we have some more clarity on it, and that's number 10 is what you're telling me, right? And -- Ms. Bravo: And -- Commissioner Carollo: -- Miami Marine Park proposal number 10 shows as Rusty Pelican Bridge. Ms. Bravo: Right. And the master plan, as depicted here, envision the area 14 a dry stack storage to be a mechanical structure, and instead of surrounded by asphalt, it would be surrounded by water. And so the boats up in the dry stack would be lowered through a mechanism directly into the water and so then at 10 you would have a small bridge and that's how the boats would actually get out into the basin. So that depicts a very, very future long-range phase where all the dry stacks are reconstructed and potentially has this water technology that may or may not be cost-effective or implemented. Commissioner Carollo: I understand. But also realize that from this map that we were provided, I mean, it's not that clear. It's actually all black and white and everything's very close to one City of Miami Page 113 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 another. Fourteen is right below number ten, so -- Ms. Bravo: And we probably should have had a different exhibit for the FIND grant to show exactly where the seawall is. Commissioner Carollo: Okay. And my point is that I still have been in favor of the Marine Stadium and the restoration. You know, some of the things that have been said -- and there was a lot of things said. First of all, something that Commissioner Spence -Jones said -- and yes, realistically, the Friends of Marine Stadium -- and I applaud the work that you're doing -- can actually start raising money already and it could be raising money. There's no need for this MOU to actually raise the monies, and that's something that I brought up yesterday. They're a 501(c)3; they could raise money and then donate that money to the City and let's get to work. Something that Commissioner Sarnoff mentioned as far as far too much land, and I know it's -- it could be brought back. But when you have here that they have the sole and exclusive rights and responsibility to develop an operating plan, you know, that doesn't sit very well with me, especially when you start looking at the Steering Committee. And you mentioned it, you mentioned as far as a for -profit venture. I don't see any financial experts in that Steering Committee, you know. We're talking all this about for profit, all this about money; yet, there are no financial experts in the Steering Committee. So I have concerns, especially when we're talking about a marine exhibition center, the open green field. It's not just raising money for the restoration of the Marine Stadium; it's surrounding properties, and I know you said it, that, you know, maybe it's too much of an outreach for those other lands. Commissioner Spence -Jones, you mentioned as far as the monies and yes, there are IRS guidelines with regards to a 501(c)3, and I think what Commissioner Spence -Jones was saying is, realistically, the Commission doesn't have any discretion because as long as they are within their IRS guidelines, they could use some of that money for marketing, they could use it for anything that deals with the Marine Stadium, but the truth of the matter is, their administrative costs could be very high, and we've spoken about this at this Commission meeting, at the last Commission meeting where they could have administrative costs of up to 20 percent or even more and, realistically, still be within the guidelines of the IRS and we have no discretion. So I would like the City Commission to have more of a say in that. I also welcomed the RFP process. As far as the Carollo amendment, you know, it was stated today that it doesn't apply; only to Watson Island. I actually raise that issue with, you know, the Friends, and what they had told me was that because they are a 501(c)3, that's why the Carollo amendment will not apply 'cause there's an exception. Again, Commissioner Suarez -- Chairman Suarez, you raised a different issue today, but I want to make sure I have clarity on something like that before I actually, you know, vote for it. Because how it was stated before -- and believe me, I do believe you have the best intention. And if we were just talking about the Marine Stadium, I would be a little bit more comfortable, but you're talking about surrounding areas. And understanding what Vice Chairman Sarnoff said as far as profit venture, I also believe the City of Miami needs for profit ventures, and I want to make sure that in the future we maximize our revenues for the City of Miami also. Now that doesn't mean that some of those revenues can go for the operation of the Marine Stadium, but I'm not seeing the financial experts in the Steering Committee to give us that type of evaluation. So I have concerns about the different items that I've mentioned and there are some others, but I think I've pretty much -- I have stated enough for me to say that I feel uncomfortable voting for -- in favor of this right now. Thank you. Chair Suarez: Thank you. Commissioner Spence -Jones: And I just want to have clarity from the City Clerk and my City Attorney. So -- because I did not get a chance to participate in the MSEA board, but I just -- I'm -- and I'm assuming we have MSEA appointments today. Ms. Thompson: We do. City of Miami Page 114 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Spence -Jones: So we are able to appoint ourself to those boards, correct? Ms. Thompson: According to the ordinance, yes. Commissioner Spence -Jones: Okay, because -- all right. So that is -- okay. I just wanted to be clear. Chair Suarez: Thank you. And I think, just to finish this off before we -- I think we have a motion and a seconder, right, Madam Clerk? Commissioner Carollo: Yes. Ms. Thompson: Yes, you did. And -- Commissioner Gort: Yes. Chair Suarez: Okay. Before finishing this up, I just, you know, want to state that I think there's a little bit of confusion with reference to the Carollo amendment. There's a lot of confusion, and I think there's -- the reason why it's confusing is because people have been stating the wrong thing and what -- I mean, without getting into the whole history of it all, but there -- I think the key misunderstanding or the key question that some people are worried about is that there's a notion that if you were to transfer it to the MSEA board, that you would not have to go through the RFP process, not the public referendum process. There's no requirement for a public referendum unless you do not go to the RFP process. So it's a little bit confusing, and so I think that -- and that's where the concern is legally and some people have questioned whether that kind of a transfer is legal or not. And that's what happened in the Bayfront Park and in other examples. But the issue of requiring a public referendum for any disposition of land that is real estate, on the water is incorrect. That's just an incorrect statement. It only applies in one piece of property, which is Watson Island, and in that piece of property, under the Flagstone agreement, there was an RFP and that was voted on by the people and the people agreed with it and all that stuff. So I just want to clam that, and I hope I was able to clam that a little bit. In terms of them, you know, being able to raise the money without the MOU, I agree, they can raise the money without the MOU. The question is will they be more effective raising the money without the MOU. Andl think their answer to us has been -- their contention has always been that without the MOU, they're hampered in their -- they're unable -- let me just finish -- they're hampered and unable because there is this perception by potential donors that they don't have any -- they're -- they have no ability to bind the City or they have no ability -- I'm sorry. A better way of saying it is that they have no relationship with the City, so you know, why give it to them. Why not give it to somebody else or why not give it to the Dade Heritage Trust or why not give it to whoever. So you know, I think to me it's very telling that the Dade Heritage Trust supports this. I'm going to support it. And I think, you know, we all have to be cautious as we move forward. I think everybody agrees on that. And I think we are going to be. And I think -- I don't -- I think this is one of those issues where you vote in favor of it, you vote against it, I don't think you are necessarily wrong on the issue. Anyhow, it's been moved and seconded. Vice Chair Sarnoff Mr. Chair, I just want to say that -- Chair Suarez: Yes. Vice Chair Sarnoff -- it's -- my motion was for the modified version as read by Alice Bravo. Chair Suarez: Thank you. Ms.Bru: And Mr. Chair, I do have -- City of Miami Page 115 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: Yes. Ms. Bru: I have a point of -- Commissioner Gort: Some additional amendments. Ms. Bru: -- clarification too, but when you're finished, before you vote. Chair Suarez: Yes. Does the seconder accept the maker's amendment? Commissioner Gort: Yes. Chair Suarez: Okay, thank you. Madam City Attorney. Ms. Bru: A point of clarification is that the resolution that actually constitutes your authority for the Manager to execute this memorandum of understanding, I need to clam that there is a whereas that Commissioner Carollo pointed to which purports to grant to the Friends the exclusive -- Commissioner Carollo: Exactly. Ms. Bru: -- and sole rights to undertake fundraising and to develop the operating plan, and I don't know if that is the intent of the parties because I don't know if the City now wants to, for a period of two years, you know, withhold any attempt to try to raise money itself or -- Commissioner Spence -Jones: Go after grants. Ms. Bru: -- that's not reflected in the revised modified agreement, so if that was a carryover from a prior version and it needs to be deleted, then it should be clarified. Chair Suarez: So what would you recommend deleting in that sentence? Ms. Bru: No. This is an administrative decision. Is the City Administration willing to withhold for two years any responsibility for applying for or seeking funding? Ms. Bravo: I think we can remove that whereas and still have the language of the MOU -- Chair Suarez: I think exclusively is the word that we probably have to remove. Ms. Bru: Exclusive. Chair Suarez: Exclusively Commissioner Carollo: It says the sole and exclusive -- Chair Suarez: Sole and exclusive Commissioner Carollo: -- rights and responsibilities to develop an operating plan. Ms. Bravo: Right. I believe the MOU speaks for itself and -- Commissioner Carollo: And raise funds. Ms. Bravo: -- we can remove that whereas. City of Miami Page 116 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Ms. Bru: (UNINTELLIGIBLE) So we will remove the sole and exclusive. Ms. Bravo: Yes. Ms. Bru: Okay. Chair Suarez: Okay. So does that -- does the maker accept that amendment? Vice Chair Sarnoff As amended. Ms. Thompson: I'm sorry, Chair. Chair Suarez: Yes, ma'am. Ms. Thompson: Oh, I'm sorry. Chair Suarez: Please. Ms. Thompson: I just want to make sure I had all the amendments on because I think Commissioner Spence -Jones -- Commissioner Spence -Jones: I think you handled -- Ms. Thompson: -- offered one. Commissioner Spence -Jones: -- addressed my -- my amendment dealt with, you know, the fiscal responsibility of -- Commissioner Gort: Yes. Commissioner Spence -Jones: Right. Commissioner Gort: (UNINTELLIGIBLE) for them to come back with the (UNINTELLIGIBLE). Commissioner Spence -Jones: So I think you -- Ms. Bravo: Yes. And the original amendments I read in were actually amendments after the (UNINTELLIGIBLE) MSEA agreement but are reflected in the MOU that was distributed as part of the agenda package so -- Commissioner Spence -Jones: And it was stated that once it goes to MSEA, whatever necessary changes you guys have, then we'll include it. Ms. Bravo: So that's the only real amendment to the MOU, is a provision for additional oversight on the funds collected. Commissioner Spence -Jones: Okay. Something is just sticking in my head right now that I just want to make sure that I clear it up. And I would like the Mayor -- 'cause I know he's -- this has been a major -- I think he should definitely put something on the record with the Commissioners, I think, on this issue. I think it's important to hear his voice in the midst of this discussion before we officially close out. But I do want to ask -- someone made a statement regarding, you know, the fact of Friends of Marines [sic] has already raised money. I -- oh, I think that was Commissioner Carollo. You mentioned that someone stated that they had already raised money through the Dade Heritage Trust, right? Can you just put on the record so I can have it -- and you've been doing it for the last four years -- how much you've actually been able to raise in four City of Miami Page 117 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 years? Mr. Worth: Okay. We've raised minimal amounts. We were successful in raising $50,000 for the structural engineering study and right now, I'll tell you, we have $10, 000 in the bank. Commissioner Spence -Jones: Okay. Mr. Worth: We've done this all on volunteer efforts. We've never asked for a penny from the City. We never received a penny either. Commissioner Spence -Jones: So was that -- was -- Mr. Worth: We won't. Commissioner Spence -Jones: I'm just asking. Was that a grant, Don, or was that --? So -- Mr. Worth: There were -- go ahead. Mr. Hernandez: Yeah. The $50, 000 that was raised for the sole purpose of gifting the City the structure report was from monies given by the villagers. Many of the villagers are still here. They're the ladies with the hats. That is the oldest preservation organization here in Dade County, older than Dade Heritage. A grant by the World Monument Fund for the said purpose of the engineering studies, a grant from the National Trust for Preservation. So we raised monies -- and Carlos Gimenez, yes, also -- for the sole purpose of funding the study, for the City to have the study. Commissioner Spence -Jones: So -- and you guys -- you feel -- obviously feel a little confident if you've just raised $50,000 that you're -- Mr. Hernandez: It was -- no, it was about two years ago, two and a half years ago. Commissioner Spence -Jones: And nothing recently, though? Mr. Hernandez: No. I mean, we have large donors waiting. Commissioner Spence -Jones: Yeah. Okay. Mr. Hernandez: But my point is it has always been a pass -through. We raise the money to do something for the stadium, like the engineering study, it passes through. We do the study. We gave the study to the City. Commissioner Spence -Jones: Okay, no problem. Mr. Hernandez: Thank you. Chair Suarez: Thank you. Madam Clerk, I'd like to have a roll call on this one. Ms. Thompson: Okay. If there's no further discussion, we'll take the roll call on the modified resolution. Chair Suarez: Yes. Ms. Thompson: We all understand what those modifications are, okay. Ms. Bru: Mr. Chair, just so that we're clear -- City of Miami Page 118 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: Sure. Ms. Bru: -- you had suggested that we consider an escrow agent, and I think what we will do is modify the resolution so that we will engage in discussions with the members of the Friends to make sure that that's something that's viable. And since we have to -- Chair Suarez: That's fine. Ms. Bru: -- report back to you in six months, you know -- Chair Suarez: That's fine. Ms. Bru: -- at that point -- Chair Suarez: That's fine. Ms. Bru: -- you will hear whether or not that's a viable option. Chair Suarez: That's fine. Ms. Bru: Okay, thank you. Chair Suarez: That's fine, that's fine. Thank you. That's fine. Ms. Thompson: The maker of the motion is accepting that? Chair Suarez: Yeah. I don't think there's much to accept. I don't think there is -- there's any difference really from what -- but -- Commissioner Carollo: There is no difference. Chair Suarez: There is none, right? Yeah. Just go ahead and do the roll call, please. Ms. Thompson: Your roll call. Commissioner Carollo? Commissioner Carollo: No. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: No, because I really feel that it needs to be fair and open. Ms. Thompson: Commissioner Gort? Commissioner Gort: Let me explain my vote because I think from all the talking that we've been doing here, there's going to be all kinds of perceptions coming out, that we're giving out a land, we're doing this, we're now doing -- This is a process been going on -- that's been -- stadium's been sitting there for ten years. No one has come up with an idea or anything before, except for this group that come up here. What we're approving today is giving them an opportunity, in six months, to come up with a plan, a budget, and all the questions have been asked by Commissioner Spence -Jones, by Commissioner Carollo, by ourself to be answered, and then six months we'll make a decision. What we doing right now is we're dating. We're not getting married yet. We -- to make it very clear so that everybody can understand it. We beginning a date or -- what it was called before, courting? City of Miami Page 119 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Ms. Thompson: Courting. Vice Chair Sarnoff Courtship. Ms. Thompson: Courtship. Commissioner Gort: Right, that's what we're doing today with this motion. Yes. Ms. Thompson: Moving on, Vice Chair Sarnoff? Vice Chair Sarnoff Yes, because we're going to fix Virginia Key. The status quo is unacceptable. (Applause) Ms. Thompson: And Chair -- Commissioner Spence -Jones: And Mr. Chairman, I just wanted the Mayor to officially put something on -- Chair Suarez: Sure. Commissioner Spence -Jones: Did you vote already? I'm sorry. Ms. Thompson: No, no, no. Chair Suarez: He hasn't spoken yet on this, I don't think. Commissioner Spence -Jones: No, did you vote yet? Chair Suarez: No, I haven't voted yet. Commissioner Spence -Jones: Okay. Ms. Thompson: Lastly, Chair Suarez? Chair Suarez: Yes. I agree for the same reasons Commissioner Sarnoff stated. I mean, we need to do something, and I don't see anybody else knocking on our door to come up with a viable alternative and I think that's part of the problem here. It's very easy to criticize, very, very easy. It's very easy to poke holes in things. It's very easy to be negative. It's very hard to do what these people are trying to do and they're doing it for no money. So yes. I mean, it worked with reference to the Gusman. Hopefully it'll continue to work for the Gusman. And hopefully it'll work for the Marine Stadium as well. Ms. Thompson: Okay, be -- Chair. (Applause) Ms. Thompson: Just to let you know, then your -- you have adopted this modified resolution, 3-2. Chair Suarez: Thank you. Commissioner Spence -Jones: Mr. Mayor -- City of Miami Page 120 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: Mr. Mayor. Commissioner Gort: Mayor. Commissioner Spence -Jones: -- we'd definitely like you to put something on the record. Mayor Tomas Regalado: Thank you. In a few month, August 24, 2012, there will be the 20th anniversary of the closing of the Marine Stadium and a generation have not been able to the Marine Stadium. One whole generation 20 years have not been able to participate in what we participated, the masses, the sunrise services, the concert. I grew up here in Miami, and I am sure that a lot of Miamians have not been able to visit the Marine Stadium. What you've done here today is you have given history a chance and we will see how do we come out of this. The fact of the matter is that at least we can say that it will not be demolition by neglect; that at least we're giving a chance for the Marine Stadium to survive. So I want to thank you, thank you, thank you. Chair Suarez: Thank you. (Applause) Commissioner Spence -Jones: And thank you, Mr. Mayor. And just in closing, before we move on to the next item, Mr. Chairman, I really would like to make sure that we are at least all on the same page, from a Commission standpoint, that it's extremely important that we do have a transparent process as we move on. Any of our City assets, I think we send the right message to the public when we have a process put in place. Every Robin Hood that comes along, they might be great Robin Hoods, but everybody has -- should have the opportunity to participate in a process. So I would like to at least make sure -- Chair Suarez: Agreed. Commissioner Spence -Jones: -- as we move ahead -- move forward -- 'cause, Commissioner Sarnoff, I think you and I are the only ones that have -- were here from the last term and we never gave anything away without having an RFP. So I really want to make sure that we move back to doing that. Chair Suarez: Thank you. I agree. Hilario Candela: Very briefly. Chair Suarez: Yes. Mr. Candela: Being the one that has been I think longer working or living with the stadium since 1962 -- Commissioner Gort: I'm sorry. Who are you? Chair Suarez: Yeah, can you -- Commissioner Spence -Jones: Right here. Chair Suarez: -- please state your name for the record. Ms. Lewis: Who are you? Chair Suarez: Sir, can you please state your name for the record. City of Miami Page 121 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Mr. Candela: I'm Hilario Candela, the original architect, the original designer for the stadium back in 1962. So having had that -- (Applause) Mr. Candela: -- privilege, I can look back at how the community at large had used -- adopted the stadium and use it for what it was intended to originally, plus whatever else the community wanted to use it for. It was, without any doubt, the most available property for popular events and for popular use, especially next to the water. And as we look forward, I just want to reference two words that I just saw last week in the stadium. The two words were actually contributed by the artist that have kept the stadium alive in all these years, the graffiti artist. And there were two words that I want to pass onto you with my thanks, and the two words were hope and revive. Thank you very much. Chair Suarez: Thank you. Commissioner Spence -Jones: Thank you. (Applause) Chair Suarez: Thank you so much. All right, let's get this party rolling. END OF RESOLUTIONS BOARDS AND COMMITTEES Chair Suarez: Madam Clerk, you told me we can get through the BCs (Boards and Committees) in ten minutes or less, right? That was your contention. Priscilla A. Thompson (City Clerk): It sure is. Chair Suarez: Okay. Well, I'm going to give you ten minutes. Put it on the clock. Ms. Thompson: Here is my question before I start using my ten minutes, if you don't mind? Chair Suarez: Yes, ma'am. Ms. Thompson: We do have a number of items that will require a full five affirmative votes or four affirmative votes. As it stands now, okay, we may not be able to take up some of those items. So I'd like to know if you want us to just deal with the ones that we can pass on the three with -- I'm sorry, with the four or would you like to do PZ (Planning & Zoning) ? Chair Suarez: Let's do the PZ. Ms. Thompson: Thank you. Chair Suarez: Let's do the PZ. I see we have an attorney -- yes, go ahead. Commissioner Spence -Jones: Can I ask you one quick question, Mr. Chairman? Chair Suarez: Sure. Commissioner Spence -Jones: Have we cleared out all the other items for BC? I just want to be clear. I mean for the overall agenda. City of Miami Page 122 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: No. We -- here's what we have left. We have -- Commissioner Spence -Jones: Yeah, that's what I want to be clear on. Chair Suarez: -- all the BC items Commissioner Spence -Jones: Right. Chair Suarez: We have one RE (Resolution) item that we tabled waiting for Commissioner Carollo on. We have the discussion item, which is DI.5, which is a Charter amendment on elections. We have a PZ, and we have two discussion items by Commissioner Gort, three discussion items by Commissioner Sarnoff, and one discussion item by yourself. Commissioner Spence -Jones: Okay. Chair Suarez: So -- Alice Bravo (Assistant City Manager/Chief of Infrastructure): We also -- Commissioner Spence -Jones: 'Cause I am going -- Ms. Bravo: Mr. Chairman. Commissioner Spence -Jones: -- to have to leave. I think I -- Chair Suarez: Yeah. Commissioner Spence -Jones: -- told you that. Chair Suarez: You want -- is there anything you need to --? You want to -- Commissioner Spence -Jones: Well, the PZ item we're not taking up today so -- I mean, that's not going to be an item we're going through today. Chair Suarez: So we're going to defer it? Commissioner Spence -Jones: We're -- Chair Suarez: Then it -- let's just defer it then -- Commissioner Spence -Jones: Right. Chair Suarez: -- right? Vice Chair Sarnoff. You have to open up the PZ agenda? Chair Suarez: Do we have to open up the PZ? No. Ms. Thompson: No. It's the same agenda. Ms. Bru: It's the same agenda. Ms. Thompson: Same agenda. Vice Chair Sarnoff. Oh. City of Miami Page 123 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 BC.1 12-00039 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. APPOINTEES: NOMINATED BY: Mercedes Lopez Cisneros Mayor Tomas Regalado (Chairperson) Lauren Reskin Mayor Tomas Regalado Maida Santander Mayor Tomas Regalado Ricardo Tano Feijoo Vice Chairman Marc David Sarnoff Dr. Juana Amada Vargas Commissioner Wifredo (Willy) Gort 12-00039 Arts CCMemo.pdf 12-00039 Arts Current_Board_Members.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0090 Priscilla A. Thompson (City Clerk): Yes. Commissioner Spence -Jones: Okay. Chair Suarez: Yes. Anything else you want to take up, Commissioner, before you leave? Commissioner Spence -Jones: Well, are we going to --? You -- we can deal with the -- I'm -- I do want to make some of my appointees before I leave today, but we can't do those until -- we have to have five people? Ms. Thompson: No, no. Vice Chair Sarnoff No, no. Chair Suarez: No. Ms. Thompson: No, no. Vice Chair Sarnoff Let's just -- let's -- Chair Suarez: We can do as many of them -- Commissioner Gort: We can do -- City of Miami Page 124 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: -- let's do as many of them as we can without the five Commissioners. Ms. Thompson: Okay. So -- Commissioner Spence -Jones: Okay. Chair Suarez: And you have -- then you're going to have eight minutes. Vice Chair Sarnoff I like that. Ms. Thompson: So that with -- Chair Suarez: Eight minutes. Ms. Thompson: -- the ten minutes that I have been allotted, I would appreciate it if we can save time by doing this. Chair Suarez: Yes. Ms. Thompson: If you would please, so that we can have one motion, one vote, and cover any waivers that -- Vice Chair Sarnoff Got you covered. Ms. Thompson: Thank you. Vice Chair Sarnoff Got you covered. Ms. Thompson: All right. So if we start off, please, BC.1 would be your Par -- I'm sorry, your Arts and Entertainment Council. I do have names proffered by the Mayor, if you want me to read those off for you? Vice Chair Sarnoff Please do. Ms. Thompson: The Mayor has proffered the names for his appoint -- his appointments are reappointments: Eduardo Cantera, Laura [sic] Reskin, Maida Santarder [sic], and as the chair, Mercedes Lopez -Cisneros. Okay. Then we have appointments to be made by Chair Suarez. Chair Suarez: No. Ms. Thompson: Okay. Then Vice Chair. Chair Suarez: I don't have any -- I don't think I have any appointments today. Ms. Thompson: Okay. We'll go down. All right, then Vice Chair Sarnoff, you have an appointment. Vice Chair Sarnoff Ricardo Tano Feijoo. Ms. Thompson: Can you please spell that last name? Vice Chair Sarnoff You're going to kill me with that, aren't you? Hang on. Ms. Thompson: Did you say Feijoo? City of Miami Page 125 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Vice Chair Sarnoff I can give you the phonetics. T-A-N-Y-O F-A-J-E-W. I'll get you the exact Ms. Thompson: Thank you. All right. Okay, and then Commissioner Gort? Commissioner Gort: (UNINTELLIGIBLE). Ms. Thompson: I'm sorry; didn't hear you, sir. Commissioner Gort: Where are we? Ms. Thompson: We're on Arts and Entertainment Council. Your current incumbent is Juana Amanda Vargas. Commissioner Gort: Reappoint. Ms. Thompson: Reappoint? Commissioner Gort: Yes. Ms. Thompson: Thank you. Then if I can please have a motion. Vice Chair Sarnoff So moved as stated. Chair Suarez: Moved by Commissioner Spence -Jones, second by Vice Chair Sarnoff, or actually the other way around. Ms. Thompson: Thank you. Chair Suarez: All in favor, signify by saying aye." The Commission (Collectively): Aye. BC.2 RESOLUTION 12-00092 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Stanley Foodman Vice Chairman Marc David Sarnoff Ignacio Abella Commissioner Wifredo (Willy) Gort 12-00092 Audit CCMemo.pdf 12-00092 Audit Current_Board_Members.pdf Motion by Vice Chair 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-12-0091 City of Miami Page 126 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 A motion was made by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, to appoint Ignacio Abella as a member of the Audit Advisory Committee; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Ignacio Abella as a member of the Audit Advisory Committee. Priscilla A. Thompson (City Clerk): On BC.2, you have appointments -- Chair Suarez: Ooh, got to speed it up. Ms. Thompson: -- to be made by Vice Chair -- I'm sorry. This is the Audit Advisory Committee, appointments to be made by Vice Chair Sarnoff and Commissioner Gort. Vice Chair Sarnoff. Reappoint Stanley Foodman. Ms. Thompson: Okay. And then -- Commissioner Gort: Reappoint my present appointment. Ms. Thompson: I'm sorry. I'm not hearing. I'm sorry. Commissioner Gort: Reappoint. Ms. Thompson: You're going to reappoint -- Commissioner Gort: Yes, ma'am. Ms. Thompson: -- Ms. Ignacio Abella. Vice Chair Sarnoff Motion as stated. Ms. Thompson: Okay, hold on. I'm sorry. All right. Just to let -- Chair Suarez: I don't see the clock running. I don't know why that clock is not running. Ms. Thompson: -- the board know that Commissioner Gort, Mr. Abella has been serving since January 9, 2003. Chair Suarez: Oh, he needs a five -fifths on that. Ms. Thompson: Yes. Chair Suarez: Right. I got it. Ms. Thompson: If he wants him to continue to serve, he will continue to serve -- Chair Suarez: Okay, we'll table that -- Ms. Thompson: -- and then -- We have five. Chair Suarez: We have it? Okay, there we go. Commissioner Carollo: Okay, hold on. What BC (Boards and Committees) item are we in? Chair Suarez: BC.2. City of Miami Page 127 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Ms. Thompson: We're on BC.2. Commissioner Carollo: Give me a second. Chair Suarez: Doesn't require an appointment by you. Commissioner Carollo: Give -- Chair Suarez: But we need a vote. Ms. Thompson: We have the reappointment of Stanley Foodman and then the reappointment of Ignacio Abella, and he would need a five -five waiver. Commissioner Carollo: Okay. Chair Suarez: Okay. Commissioner Carollo: Yes. Chair Suarez: The motion was stated by Commissioner Sarnoff. Is there a second? Commissioner Spence -Jones: Second. Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Spence -Jones. All in favor, signify by saying aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. BC.3 RESOLUTION 11-00991 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Nathan Kurland Vice Chairman Marc David Sarnoff Ralph Duharte Commissioner Wifredo (Willy) Gort Pedro Diaz Commissioner Frank Carollo Marlene Avalo Commission -At -Large Violette Sproul Commission -At -Large 11-00991 Bayfront Park CCMemo.pdf 11-00991 Bayfront Park Current_Board_Members.pdf City of Miami Page 128 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0092 A motion was made by Vice Chair Sarnoff, seconded by Commissioner Carollo, and was passed unanimously, to appoint Ralph Duharte as a member of the Bayfront Park Management Trust; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Ralph Duharte as a member of the Bayfront Park Management Trust. Priscilla A. Thompson (City Clerk): BC.3, the Bayfront Park Trust. Commissioner Spence -Jones: Madam -- I'm sorry. Ms. Thompson: We have appointments to be made by Chair Suarez. Chair Suarez: I'm going to defer that for now. Ms. Thompson: Okay. Then Sarnoff. Vice Chair Sarnoff. Reappoint Nathan Kurland. Ms. Thompson: Okay. Then Commissioner Gort, you have your current -- your incumbent Ralph Duharte. Commissioner Gort: Reappointed. Ms. Thompson: Then Commissioner Carollo, your incumbent is Pedro Diaz. Commissioner Carollo: I want to reappoint him and, if possible, the Commission -- the two Commission -at -large, if we could nominate -- Commissioner Spence -Jones: I have one -- Commissioner Carollo: -- the both incumbents. Commissioner Spence -Jones: -- I want -- I would like to nominate someone on the Commission -at -large. I was told that I could. Commissioner Carollo: I'd just like to keep the continuity of the board. I would like to maintain the conti -- and both -- Commissioner Spence -Jones: I can't have another appointee on this Commission -at -large. Commissioner Carollo: You have your appointment. It's Marie Louissaint. Commissioner Spence -Jones: I understand. Commissioner Carollo: Louissaint. Commissioner Spence -Jones: I understand, but -- it's okay. So that means I can't have (UNINTELLIGIBLE) appointment? City of Miami Page 129 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Carollo: I would hike to maintain the continuity of the board. That's my preference. That's my preference. These are two rather new members and one serves in the budget committee and the other one has been serving in the procurement committee. Ms. Thompson: Those names are Marlene Avalo and -- Commissioner Carollo: Avalo. Ms. Thompson: -- Violette Sproul. Commissioner Carollo: Violette Sproul. Ms. Thompson: Sproul. Those are your -- the at -large -- Commissioner Spence -Jones: I will not fight you on this, but just because it says Commission -at -large, that means any one of the Commissioners sitting up here can appoint. Commissioner Carollo: I understand, so -- and I'm just asking, you know -- Commissioner Spence -Jones: Just -- Commissioner Carollo: -- for -- Listen, the board has been -- Commissioner Spence -Jones: With sugar on top, you're asking. Commissioner Carollo: If you want me to say with sugar on top, yeah -- Commissioner Spence -Jones: With sugar on top. Commissioner Carollo: -- sure, sugar on top. Commissioner Spence -Jones: I'll accept. Commissioner Carollo: The bottom line is, it's a board that's working very good. We have continuity. Commissioner Spence -Jones: I understand. But I mean, Commission -at -large means either one of the Commissioners up here -- Commissioner Carollo: I gotcha, I gotcha. Commissioner Spence -Jones: -- can -- all right. Chair Suarez: Does he get a lollipop too? Vice Chair Sarnoff Motion as stated. Chair Suarez: Motion by Commissioner Sarnoff. Is there a second? Commissioner Carollo: Second. Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Carollo. All in favor, signs by saying aye." City of Miami Page 130 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. BC.4 RESOLUTION 12-00040 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. APPOINTEES: NOMINATED BY: Charles McEwan Commission -At -Large (Term ending 3/8/2015) Marta Zayas Commission -At -Large (Alternate Member) (Term ending 3/8/2015) Errol Brown Commission -At -Large (Alternate Member) (Term ending 10/14/2013) 12-00040 CEB CCMemo.pdf 12-00040 CEB Current_Board_Members.pdf Motion by Vice Chair 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-12-0093 A motion was made by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, to appoint Charles McEwan as a member of the Code Enforcement Board; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Charles McEwan as a member of the Code Enforcement Board. A motion was made by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, to appoint Marta Zayas as a member of the Code Enforcement Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Marta Zayas as a member of the Code Enforcement Board. Priscilla A. Thompson (City Clerk). BC.4, you have your Code Enforcement Board. You have three at -large appointments and two of those at -large appointments are for alternate members. Your current at -large appointments are Mr. Charles McEwan, Ms. Marta L. Zayas, and we have a vacant at -large appointment. Commissioner Spence -Jones: I would like to have one at -large, please. Can I have an at -large? Commissioner Carollo: You have two. Commissioner Gort: Where are we at? City of Miami Page 131 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Spence -Jones: Thank you for Code Enforcement. Commissioner Gort: Where are we at? Chair Suarez: We are on BC.4. Commissioner Spence -Jones: Everybody's running to that board, right. I just want to appoint Errol Brown, Errol Brown. Ms. Thompson: Is that going to be for the at -large appointment? Chair Suarez: The vacant -- Ms. Thompson: I'm sorry. Commissioner Spence -Jones: Yes. Chair Suarez: -- alternate member. Ms. Thompson: Right. Commissioner Spence -Jones: Yes. Chair Suarez: Is that going to be the vacant alternate member? Okay. Commissioner Spence -Jones: No, this one of the Commission -at -large positions. Ms. Thompson: Yes. Chair Suarez: Right. Vice Chair Sarnoff Yeah, but there's a vacant one. Commissioner Carollo: Yeah, yeah. Vice Chair Sarnoff You want the vacant one? Chair Suarez: Right. Commissioner Carollo: Yes. Chair Suarez: There's a -- Commissioner Spence -Jones: Okay. Vice Chair Sarnoff Yeah. Chair Suarez: Okay. Vice Chair Sarnoff Let's do the vacant one. Commissioner Spence -Jones: I just want to make sure it's not a alternate. Ms. Thompson: It is. City of Miami Page 132 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: Yeah, it is an alternate. Ms. Thompson: It is. Commissioner Spence -Jones: I don't want an alternate because the alternate, I did that before and that person never gets a chance to participate. So I would like to -- I don't want to be in that position. I would like for it to be a Commission -at -large position. Vice Chair Sarnoff Is Charles -- Charles McEwan is an alter -- is a -- Commissioner Carollo: No. Vice Chair Sarnoff -- is a at -large? Ms. Thompson: He's at -large, but he's not an alternate. He's at -large. Vice Chair Sarnoff And -- Commissioner Carollo: And he's the chair. Vice Chair Sarnoff -- will he hold his posi -- Commissioner Spence -Jones: Well, we don't want to -- Vice Chair Sarnoff. I know he's the chair and I know he's been doing it as long as I've been walking into this -- Commissioner Spence -Jones: I don't want to remove the chair, so it could be the next one. It doesn't matter. Ms. Thompson: The next one is an at -large. I'm sorry, an alternate. You have two alternates -- Vice Chair Sarnoff Alternate. Ms. Thompson: -- and one -- Vice Chair Sarnoff So no matter what happens, Charles would then move to an alternate position. Ms. Thompson: He could, if that be your desire. Vice Chair Sarnoff Well, I don't know that we -- is there another way around this because if she puts somebody on as a non -alternate, the best we can do today is to have Charles as an alternate. Ms. Thompson: That's correct. But -- Commissioner Carollo: Madam City Clerk. Ms. Thompson: Yes. Commissioner Carollo: As far -- do I have any appointments left on the Code Enforcement Board? I'm not seeing it here. Chair Suarez: You have one. City of Miami Page 133 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Ms. Thompson: We only have these upcoming vacancies, okay. If you have appointments, they are already serving. According to what I have here, okay, Commissioner Carollo, you have assigned -- or you have appointed Allyson M. Warren. That was done -- Commissioner Carollo: And we only get one appointment? Ms. Thompson: Yes. Commissioner Spence -Jones: I'll go ahead and take the alternate because I understand that Charles -- Chuck has been around a long time. Commissioner Gort: Yes. Commissioner Spence -Jones: And when people give their time and their energy, you know -- so I see Allyson about to jump on the dais here so -- Allyson Warren: I would never do that. Commissioner Spence -Jones: Okay. Ms. Thompson: So -- Commissioner Spence -Jones: I just -- I will go ahead and take the alternate on this. Chair Suarez: It'll be the (UNINTELLIGIBLE) or vacant position. Ms. Thompson: Mr. Errol Brown. So is it your desire to then reappoint the other two individuals to those at -large appointments in their current capacities? And if so -- Chair Suarez: You have to ask the maker -- Vice Chair Sarnoff. No, no, no. What you're -- what I think -- Commissioner Gort: Chuck is my appointment (UNINTELLIGIBLE)? Vice Chair Sarnoff -- Commissioner Spence -Jones wants her appointment to then go on, he'll go on as an alternate. Commissioner Spence -Jones: Yeah, he's an alternate. Ms. Thompson: Yeah, he's an alternate. Chair Suarez: Right. But what she's saying is -- Vice Chair Sarnoff Right. Chair Suarez: -- do you want to renominate the other two? Ms. Thompson: Yes. Vice Chair Sarnoff There's no two. Chair Suarez: Yeah, two other ones. There's two at -large -- City of Miami Page 134 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Spence -Jones: Two other ones. Ms. Thompson: Yes. Chair Suarez: -- that are expiring. Ms. Thompson: They're -- altogether, you have three. Vice Chair Sarnoff Right. Ms. Thompson: Okay. Alice, ifI may, please? You have three, okay. Mr. Charles McEwan currently serves -- Vice Chair Sarnoff Right. Ms. Thompson: -- all right, as an -- Chair Suarez: That's seven minutes, right? Ms. Thompson: -- at -large. Not an alternate at -large but an at -large. Vice Chair Sarnoff So if there -- Ms. Thompson: If you're going to reappoint him, he has to have a five -five term waiver. Vice Chair Sarnoff Got it. Ms. Thompson: Ms. Marta L. Zayas currently serves as an alternate member at -large who, if you're going to reappoint her, will require an absentee waiver of four -fifths. Vice Chair Sarnoff Okay. And then we have Commissioner Spence -Jones' appointment. Ms. Thompson: Yes, and that's an alternate. That is a vacant position now so she -- Vice Chair Sarnoff So moved as stated. Ms. Thompson: Thank you. Chair Suarez: Moved by Commissioner Sarnoff. Second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. All in favor, signift by saying Eye." The Commission (Collectively): Aye. Chair Suarez: I just want some clarity real quick before -- Commissioner Carollo: Yeah. Chair Suarez: Let me -- I just want -- Commissioner Carollo: Before I -- Chair Suarez: -- one clear -- one point of charity. It may be different from yours. I don't know. City of Miami Page 135 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Alternate members do not serve on unless somebody's missing, is that correct? Commissioner Spence -Jones: Right. Ms. Thompson: Correct. Chair Suarez: Okay. I just want to clarify that 'cause I don't know if that's the practice that the Code Enforcement Board has been engaging in. They've actually been letting the alternates -- Ms. Warren: Well, we can only have seven people voting -- Chair Suarez: Okay. Ms. Warren: -- at one time. Chair Suarez: Okay. Ms. Warren: And with the two alternates, that makes for -- Chair Suarez: Sure. Ms. Warren: -- a whole different vote. Madam Clerk, I was under the impression -- oh, never mind; different board. Never mind. I apologize. Commissioner Carollo: And -- Chair Suarez: Go ahead. Commissioner Carollo: -- Madam Clerk, I'm sorry, I haven't voted yet 'cause I wasn't sure exactly what we were voting. I notice for the Code Enforcement Board and there is Chuck McEwan or Charles McEwan as the Commission -at -large -- Ms. Thompson: At -large. Commissioner Carollo: -- member and then there was two other names proffered for alternate or one other name proffered for alternate. Vice Chair Sarnoff. One was already serving. Commissioner Carollo: One's already serving as an alternate. Vice Chair Sarnoff And then Commissioner Spence -Jones put a name up. Commissioner Carollo: Okay. Then yes. Chair Suarez: Okay. Ms. Thompson: Okay, thank you. BC.5 RESOLUTION 12-00041 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. City of Miami Page 136 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 BC.6 11-00993 APPOINTEES: NOMINATED BY: Allyson Warren Mayor Tomas Regalado Lyse Cuellar -Vidal Chairman Francis Suarez 12-00041 CSW CCMemo.pdf 12-00041 CSW Current_Board_Members.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0094 A motion was made by Vice Chair Sarnoff, seconded by Commissioner Carollo, and was passed unanimously, to appoint Allyson Warren as a member of the Commission on the Status of Women; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Allyson Warren as a member of the Commission on the Status of Women. Chair Suarez: BC.5. Priscilla A. Thompson (City Clerk): On BC.5 we have the Commission on the Status of Women. On the Commission of Status of Women, Mayor Regalado has proffered the name of Ms. Allyson Warren. Ms. Warren will need a five five term waiver, which is good for one year because she's been serving since 1999, okay. The -- Chair Suarez, you do have an appointment -- Chair Suarez: I will renominate my incumbent. Ms. Thompson: Okay, so that's Ms. Cuellar, all right. And then there are two vacantposi -- two vacant memberships, both of them for Commissioner Carollo. Commissioner Carollo: And I would defer at this time. Chair Suarez: Is there a motion? Vice Chair Sarnoff. Motion as stated. Chair Suarez: Motion -- Commissioner Carollo: Second. Chair Suarez: -- by Commissioner Sarnoff, second by Commissioner Carollo. All in favor, signify by saying aye." The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR ATERM AS DESIGNATED HEREIN. City of Miami Page 137 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 APPOINTEE: NOMINATED BY: Pierre Rutledge Mayor Tomas Regalado 11-00993 CRB CCMemo.pdf 11-00993 CRB Current_Board_Members.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-1 2-0095 Priscilla A. Thompson (City Clerk): Then on BC.6, that would be the Community Relations Board. The Mayor has proffered the name for a vacancy of Mr. Pierre Rutledge. Commissioner Spence -Jones: So moved. Chair Suarez: Moved. Commissioner Carollo: Second. Ms. Thompson: I'm sorry. Chair Suarez: Moved by Commissioner Spence -Jones. Ms. Thompson: I'm sorry, I'm sorry. Chair Suarez: I'm sorry, there's -- Ms. Thompson: It's proffered -- Chair Suarez: -- it (UNINTELLIGIBLE). Commissioner Carollo: Move to defer. Chair Suarez: Sorry. Ms. Thompson: Okay, so -- Vice Chair Sarnoff. There's more to come and you didn't -- Chair Suarez: I shouldn't have given you the look. Vice Chair Sarnoff -- make her eight minutes. Commissioner Spence -Jones: Huh? Chair Suarez: I gave you the look. Make the motion. Ms. Thompson: And then, Commissioner Carollo, you're going to defer yours? Commissioner Carollo: Yes. City of Miami Page 138 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 BC.7 11-00994 Ms. Thompson: Okay. Chair Suarez: Okay, so it's good, it's good. We're -- the motion's properly stated. The second is proffered by Commissioner Carollo. All in favor, signify by saying aye." The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Nola Garcia Mayor Tomas Regalado Jacqueline Zelman Vice Chairman Marc David Sarnoff Myrna Pinto Commissioner Wifredo (Willy) Gort 11-00994 CTAB CCMemo.pdf 11-00994 CTAB Current_Board_Members.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0099 Chair Suarez: BC.7. Priscilla A. Thompson (City Clerk): On BC.7 you have the Community Technology Advisory Board Once again, the Mayor has proffered the name for a vacant position of Nola Garcia. Chair -- I'm sorry, Vice Chair Sarnoff, your -- Vice Chair Sarnoff. Jacqueline Zelman. Ms. Thompson: Okay. And then Commissioner Gort, your current incumbent is -- is it Myrna Pinto? Commissioner Gort: Yes, nominated. Ms. Thompson: And then Commissioner Carollo. Commissioner Carollo: Deferring. Vice Chair Sarnoff As stated, the motion. Chair Suarez: Motion by Commissioner Sarnoff. Is there a second? City of Miami Page 139 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 BC.8 11-01206 Office of the City Clerk Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. All in favor, signify by saying / ye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Luis Mata (Term ending 3/11/2014) George Cabrera (Term ending 5/13/2014) 11-01206 EAB CCMemo.pdf 11-01206 EAB Current_Board_Members.pdf NOMINATED BY: Chairman Francis Suarez City Manager Johnny Martinez Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0096 Chair Suarez: BC.7[sic]. Priscilla A. Thompson (City Clerk): On BC.8 you have your Education Advisory Board. We have vacancies. I did have on my file a proffered name by Chair Suarez, if that still stands, of Mr. Luis Mata. Chair Suarez: That's fine. Ms. Thompson: Okay. Chair Suarez: Reappoint Luis Mata. Ms. Thompson: And then our City Manager has proffered the name of George Cabrera. Vice Chair Sarnoff Motion as stated. Commissioner Carollo: Second. Chair Suarez: Moved by Vice Chair Sarnoff, second by Commissioner Carollo. All in favor, signify by saying aye." " The Commission (Collectively): Aye. City of Miami Page 140 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Carollo: Mr. Chairman -- Chair Suarez: Yes. Commissioner Carollo: -- real quick. Madam City Clerk, has this board been actually meeting? Ms. Thompson: It is my understanding that they are in the process of starting to get their board meeting. 171 check for you, but I don't -- just let me just check one thing. Commissioner Carollo: Thank you. Commissioner Spence -Jones: No. Ms. Thompson: No, they have not -- they are in the process, though, because I know they were waiting for more members to be appointed. Commissioner Spence -Jones: They haven't had a quorum Commissioner Carollo: Thank you. Well, they haven't met in two years since I've been here. Ms. Thompson: So -- Lillian Blondet (Interim Director, Grants Administration): On the Education Board -- Ms. Thompson: Yes. Ms. Blondet: -- we don't have quorum yet. We're trying to get the quorum, to meet with quorum. Ms. Thompson: And your name. Ms. Blondet: Lillian Blondet. Vice Chair Sarnoff And that would be Lillian Blondet. Ms. Blondet: Office of Grants Administration. We don't have the quorum yet to be able to meet. We had a meeting maybe two weeks ago to get the members that we have introduced. Commissioner Carollo: What board? Ms. Blondet: The Education Board, sir. Commissioner Spence -Jones: Education. Ms. Blondet: So with these members, then we'll be able to meet in quorum and have a meeting to vote. Commissioner Carollo: What BC (Boards and Committees) is that? I'm sorry. Ms. Blondet: Education Initiative [sic] Boards [sic]. Ms. Thompson: BC.8. Commissioner Carollo: Oh, okay. That's the one I was -- City of Miami Page 141 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Ms. Blondet: Yes. Commissioner Carollo: Never mind. Chair Suarez: Okay. So are we still on BC.8 or we're on BC.9 now? Ms. Thompson: We're finished. Commissioner Carollo: We voted on BC.8. Chair Suarez: Okay, that's what thought. BC.9 RESOLUTION 12-00048 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: Michael Barket Vice Chairman Marc David Sarnoff Williams Armbrister Vice Chairman Marc David Sarnoff Miriam Urra Commissioner Wifredo (Willy) Gort Viona Browne -Williams FOP 12-00048 EOAB CCMemo.pdf 12-00048 EOAB Current_Board_Members.pdf 12-00048 EOAB FOP Memo.pdf Motion by Vice Chair 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-12-0097 A motion was made by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, to appoint Michael Barket and Miriam Urra as members of the Equal Opportunity Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Michael Barket and Miriam Urra as members of the Equal Opportunity Advisory Board. A motion was made by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, to appoint Miriam Urra and Viona Browne Williams as members of the Equal Opportunity Advisory Board; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Miriam Urra and Viona Browne Williams as members of the Equal Opportunity Advisory Board. Chair Suarez: BC.9. City of Miami Page 142 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Priscilla A. Thompson (City Clerk): Now, on BC.9 we have the Equal Employment Advisory Board. Vice Chair Sarnoff, you have a vacancy there. You also have an incumbent there, Michael Barket. Vice Chair Sarnoff Move to keep Michael Barket and include Williams Armbrister. Ms. Thompson: Williams Armbrister. Mr. Market [sic] will need an absentee waiver. Commissioner Carollo: Second. Ms. Thompson: Okay. No, no. I'm sorry. Chair Suarez: No, wait. We got to wait for -- Ms. Thompson: So just to call it to your attention. And then Commissioner Gort, your incumbent, Ms. Miriam Urra -- Commissioner Gort: Yes. Ms. Thompson: -- she is on the board. She needs a four -fifth absentee waiver and a five -five term waiver. Commissioner Gort: Reappoint. Ms. Thompson: Then Commissioner Carollo, you have two vacancies there. Commissioner Carollo: I'm going to defer. Ms. Thompson: Thank you. And then on the union appointments, we do have the name of Ms. Viona Browne being proffered by the FOP (Fraternal Order of Police). Ms. Browne will also need a five -five term waiver for her service on the board. Vice Chair Sarnoff Motion as stated. Commissioner Spence -Jones: Se -- Commissioner Carollo: Second. Commissioner Spence -Jones: Second. Chair Suarez: Second by -- motion by Vice Chairman Sarnoff, second by Commissioner Spence -Jones. All in favor, sign by saying Eye." The Commission (Collectively): Aye. Ms. Thompson: Okay. BC.10 RESOLUTION 12-00090 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City of Miami Page 143 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Eli Feinberg Mayor Tomas Regalado 12-00090 Finance CCMemo.pdf 12-00090 Finance Current_Board_Members.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0098 A motion was made by Vice Chair Sarnoff, seconded by Commissioner Carollo, and was passed unanimously, to appoint Eli Feinberg as a member of the Finance Committee; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Eli Feinberg as a member of the Finance Committee. Priscilla A. Thompson (City Clerk): On BC.11 -- I'm sorry, BC.10. Chair Suarez: 10. Ms. Thompson: BC.10, we have the Finance Committee. We have Mayor Regalado wishing to reappoint Mr. Eli Feinberg. He will need a five -five term waiver because of his years of service, and then Vice Chair, you have a vacant position to appoint. Commissioner Gort: This is the Finance Committee? Ms. Thompson: This is the Finance Committee, correct. Vice Chair. Chair Suarez: Vice Chair, are you contemplating or -- Vice Chair Sarnoff Oh, I'm sorry. Chair Suarez: -- are you -- Vice Chair Sarnoff I was -- Chair Suarez: -- day dreaming? Vice Chair Sarnoff Did I miss some --? I'm sorry. Ms. Thompson: On the Finance Committee, you have a vacant position. We're trying to see if you're going to -- Vice Chair Sarnoff Oh, I was deferring that one. Sorry. Chair Suarez: It's been one of those days. Commissioner Spence -Jones: Please share, please share. Ms. Thompson: So -- sir? Vice Chair Sarnoff Yes, ma'am. Ms. Thompson: Are you -- Chair, this doesn't count against my ten minutes, right? City of Miami Page 144 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Ms. Thompson: Yeah, of course not, of course not. You're way past it anyway, so it's all good. Ms. Thompson: So do you want to just pass on one? Vice Chair Sarnoff. Yeah. I was just going to defer, pass. Ms. Thompson: Okay. Chair Suarez: And he makes the motion. Vice Chair Sarnoff (UNINTELLIGIBLE). Chair Suarez: And you make the motion, correct? Vice Chair Sarnoff. Correct. Chair Suarez: He makes the motion. Vice Chair Sarnoff. As stated. Chair Suarez: Is there a second? Commissioner Carollo: Second. Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Carollo. All in favor, signify by saying aye." The Commission (Collectively): Aye. BC.11 RESOLUTION 12-00103 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST FOR ATERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: NOMINATED BY: Cary Montero (AFSCME 1907) AT -LARGE 12-00103 GESE CCMemo.pdf 12-00103 GESE Current_Board_Members.pdf 12-00103 GESE AFSCME Local 1907 Nominations Letter.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City of Miami Page 145 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 R-12-0100 Chair Suarez: BC (Boards and Committees) -- Priscilla A. Thompson (City Clerk): BC.11, you have appointments to be -- I'm sorry -- an at -large vacancy for an appointment to be made for AFSCME (American Federal, State, County, and Municipal Employees) 1907. As is required by the code, the union has submitted the names of six individuals that you can make a selection from. Those names are Cary Montero, Jose Hernandez, Beatriz Valdes, Rick Gertzen [sic], Roselind Hortelano and Guillermo Cuervo. Commissioner Gort: Cary Montero, I'd like to nominate. Ms. Thompson: I'm sorry; I didn't hear you, sir. Chair Suarez: He said Cary Montero. Ms. Thompson: Cary Montero. Chair Suarez: That's a motion by Commissioner Gort. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. That was kind of a weak second, but that's okay. We'll take -- Commissioner Spence -Jones: Second. Chair Suarez: All in favor -- Commissioner Gort: Kind of late. Chair Suarez: -- signify by saying aye." The Commission (Collectively): Aye. BC.12 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: Chairman Francis Suarez Commissioner Frank Carollo Motion by Commissioner 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 of Miami Page 146 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: Next one. Priscilla A. Thompson (City Clerk): On BC.12 you have your Health Facility [sic] Board. Chair Suarez, you have a vacant position there. Chair Suarez: I'll defer it. Ms. Thompson: Okay. And then, Commissioner Carollo, your incumbent, Rosie Molina, if you reappoint, we'll need a five -five term limit waiver, good for one year. Commissioner Carollo: I will defer. And are they even -- is this board meeting? Ms. Thompson: Oh, yes, yes. Commissioner Carollo: Okay, I will defer at this time. Ms. Thompson: Can I get a motion then to defer both of those? Commissioner Carollo: So moved. Moved to defer. Chair Suarez: Moved by Commissioner Carollo. Commissioner Spence -Jones: Second. Chair Suarez: What's up? Commissioner Gort: No, no. That's -- Chair Suarez: Second by Commissioner Spence -Jones. All in favor, signify by saying aye." The Commission (Collectively): Aye. BC.13 RESOLUTION 12-00054 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: (Citizen - Category 7) (Citizen - Category 7) (Architect - Category 1) (Alternate Member that Qualified Under NOMINATED BY: Chairman Francis Suarez Vice Chairman Marc David Sarnoff Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort City of Miami Page 147 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 One of the Qualifications - Category 8) (Historian or Architectural Historian - Category 3) (Architect or Architectural Historian - Category 4) (Landscape Architect - Category 2) 12-00054 HEP CCMemo.pdf 12-00054 HEP Application Summary.pdf 12-00054 HEP Current Board Members.pdf 12-00054 HEP Applications.pdf Commissioner Frank Carollo Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones Motion by Commissioner 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 Direction by Vice Chair Sarnoff to the City Clerk to meet with each Commissioner to determine how their appointees can be made to the various categories associated with the Historic and Environmental Preservation Board (HEP). Priscilla A. Thompson (City Clerk): All right. Then our next board, BC.13, we have our Historic and Environmental Preservation Board. We have a number of appointments set up or available there. With our Chair -- Chair Suarez: Yes, I'll reappoint the person that you recommend. Ms. Thompson: The person that you have turned in the name was Ms. Enid Lorenzo -- Chair Suarez: Yes. Ms. Thompson: -- who's your incumbent, so you're reappointing her? Chair Suarez: Yes, ma'am. Ms. Thompson: Okay. Vice Chair Sarnoff, you have an appointment. Vice Chair Sarnoff. William Hopper. Ms. Thompson: Yes. You're going to reappoint him? Vice Chair Sarnoff Yes, ma'am. Ms. Thompson: All right. Then in -- I'm sorry. Commissioner Gort, you have an appointment to be made. Your incumbent is Jorge Kuperman. Commissioner Gort: No appointment today. Ms. Thompson: No appoint -- defer it, okay. Thank you. City of Miami Page 148 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Gort: He stays on. Ms. Thompson: And you have -- your -- you have another one, Ms. Lynn B. Lewis, who's currently listed as an alternate, but she did not reapply in that particular category, so your eligible applicants in that category will be Gary Appel, Timothy Barker [sic], William Hopper, Hendrik Van Leesten, and then Enid Lorenzo, who's already been appointed. And Mr. Hopper's been appointed, so it's Gary Appel, Timothy Barber, and Mr. Leesten, Van Leesten. You want -- Chair Suarez: What would you like to do? Ms. Thompson: -- if you want to defer -- Commissioner Carollo: That's Commissioner Gort. Chair Suarez: Oh, Commissioner Gort. Ms. Thompson: Defer it. Thank you. All right. Chair Suarez: You want to defer it? Okay. Ms. Thompson: Commissioner Carollo, you have an appointment to be made. The category that you have listed here is category 3. Your incumbent, Jorge Zamanillo, did not reapply, and the person who's on the list as being eligible is Mr. Timothy Barber. Commissioner Carollo: The person that I spoke with with regards to being named on the HEP (Historical and Environmental Preservation) board was Hugh Ryan. Ms. Thompson: And Mr. Ryan applied for the category of citizen. Commissioner Spence -Jones: Can he switch out? Ms. Thompson: If you want to do that -- because of the requirement that we cover certain categories, I would ask if we can bring this one back to you then, if you all want to change over the cat --? Commissioner Spence -Jones: 'Cause you're removing Tim Barber, which is -- which my -- which is my appointee, right? Ms. Thompson: No. I just -- I was just telling him who was -- who qualified in the category of architectural historian, which is category 3. Mr. Barber actually qualified in several categories. But in the category 3, okay, the only individual to qualifir was Timothy Barber. And if you would like to defer, we can. I mean, whatever is the -- your -- the Commissioners' wishes. Commissioner Spence -Jones: I have an appointment for that board, too, right? Ms. Thompson: Your appointment that's coming up, we have two. Mr. Gary Appel is your incumbent, who is in the category 4, and then Mr. Gerald Marston, who's in category 3. In category 4, the only eligible individuals were Armando Cazo and Jorge Kuperman. Then in category 2, your only eligible person was Gerald Marston. Vice Chair Sarnoff Why don't we move to defer this and let Madam City Clerk sort of work it out. Chair Suarez: She does these great diagrams. City of Miami Page 149 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Vice Chair Sarnoff Yeah. Ms. Thompson: Just need -- Chair Suarez: (UNINTELLIGIBLE) amazing that gets (UNINTELLIGIBLE). Ms. Thompson: -- you to tell me what you want to do. Chair Suarez: Sort of like a two year old. It's unbelievable. Vice Chair Sarnoff. Why don't the Commissioners meet with you individually? You could figure out what the best way to get everybody they need on this. Chair Suarez: I don't know who the magician is -- Ms. Thompson: Thank you. Chair Suarez: -- over there, but -- Commissioner Spence -Jones: 'Cause they're not my appointees. These are Dunn's appointees, not mine. Ms. Thompson: It's not a problem. We can -- if you want -- we'll do that. Just -- Commissioner Carollo: Yeah. Ms. Thompson: We're going to defer? Commissioner Carollo: Let's defer because, like I said, the only person I spoken to is Hugh Ryan, and he asked to be on the HEP Board. I think he'll be one heck of an appointee, and I would like to see if we can -- Ms. Thompson: So my only question then -- and thank you very much -- would be to Chair -- Chair Suarez: Yes. Commissioner Spence -Jones: Chair. Ms. Thompson: -- do you want to go ahead with your reappointment of Ms. Enid Lorenzo? Chair Suarez: It can wait. It's not a big deal. Ms. Thompson: It can wait? Chair Suarez: Yeah. Ms. Thompson: May I have a motion, please? Commissioner Carollo: Motion to defer. Ms. Thompson: For de -- Chair Suarez: Motion by Commissioner Carollo -- Commissioner Spence -Jones: Second. City of Miami Page 150 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: -- second by Commissioner Spence -Jones. All in favor, signify by saying aye." The Commission (Collectively): Aye. BC.14 RESOLUTION 12-00042 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: Mariano Cruz Commissioner Wifredo (Willy) Gort Pablo Perez -Cisneros Commissioner Wifredo (Willy) Gort Nelson Victor Alvarado Commissioner Frank Carollo Olayunbosun "Ola" Aluko Commissioner Michelle Spence -Jones 12-00042 Homeland CCMemo.pdf 12-00042 Homeland Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0101 Priscilla A. Thompson (City Clerk): On BC (Boards and Committees) -- yes. BC.13 has been deferred. Okay, BC.14, we have the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. We have an appointment to be made by -- I'm sorry, two appointments by Mayor Regalado. I don't have any names proffered for that one. Then we have two appointments to be made by Chair Suarez. Chair Suarez: I'll defer mine. Ms. Thompson: Okay. Then Vice Chair Sarnoff, your incumbent is David Freedman. Vice Chair Sarnoff 1'll defer mine. Ms. Thompson: Then Commissioner Gort, your incumbents are Mariano Cruz and Pablo Perez -Cisneros. Commissioner Gort: Reappoint. Ms. Thompson: Okay. Both of them? Commissioner Gort: Yes. City of Miami Page 151 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 BC.15 11-01208 Ms. Thompson: Okay, thank you. And then Commissioner Carollo, your current incumbent, Nelson Alvarado, and then you have a vacancy. Commissioner Carollo: I will reappoint Nelson and defer the other. Ms. Thompson: Okay. And then lastly, Commissioner Spence -Jones, your incumbent Albena Sumner. Commissioner Spence -Jones: Okay, so I am -- I understandI had an appointee the last time I wasn't here -- Chair Suarez: Yeah. Commissioner Spence -Jones: -- and there was a concern about my appointee, but I wanted to appoint Ola Aluko. Vice Chair Sarnoff And I've checked; his lawsuit settled. Commissioner Spence -Jones: Okay, great. Ms. Thompson: So if we can have a -- if I could -- Commissioner Spence -Jones: So I have a motion -- Vice Chair Sarnoff But he was suing the City. That's my -- that was my only concern. I just didn't know if it was outstanding and -- Commissioner Spence -Jones: He's not. Vice Chair Sarnoff Right. It's settled. Commissioner Spence -Jones: Okay. Vice Chair Sarnoff Right. Chair Suarez: Okay. Commissioner Spence -Jones: So I have a motion. Do I have a second from you? Chair Suarez: Is there a motion? Commissioner Gort: Second. Vice Chair Sarnoff Second. Chair Suarez: Motion by Commissioner Gort, second by Commissioner Sarnoff. All in favor, signify by saying Bye." The Commission (Collectively): Aye. RESOLUTION 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. City of Miami Page 152 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 APPOINTEES: NOMINATED BY: Anthony Luis Recio Chairman Francis Suarez Jay Solowsky Vice Chairman Marc David Sarnoff Eli Feinberg Commissioner Wifredo (Willy) Gort Michelle Spence -Jones Commissioner Michelle Spence -Jones Luther Campbell Commissioner Michelle Spence -Jones 11-01208 MSEACCMemo.pdf 11-01208 MSEA Current_Board_Members.pdf Motion by Vice Chair 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-12-0102 A motion was made by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, to appoint Eli Feinberg as a member of the Miami Sports and Exhibition Authority; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Eli Feinberg as a member of the Miami Sports and Exhibition Authority. Chair Suarez: Next one. Priscilla A. Thompson (City Clerk): BC.15, you have your Miami Sports and Exhibition Authority. Currently, Chair Suarez, your current incumbent. Chair Suarez: I'll reappoint my current incumbent. Ms. Thompson: Okay, that's Mr. Recio. Chair Suarez: Yes. Ms. Thompson: And then Vice Chair Sarnoff, your current incumbent is Mr. Jay Solowsky. Vice Chair Sarnoff Reappoint. Ms. Thompson: And then Commissioner Gort, your current incumbent is Mr. Eli Feinberg, who will require -- Commissioner Gort: Reappoint. Ms. Thompson: I'm sorry? Commissioner Gort: Reappoint. Ms. Thompson: Then he will require a five -five term -- Commissioner Gort: Yes. City of Miami Page 153 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Ms. Thompson: -- limit waiver because he's been serving since 1987. Commissioner Gort: He brings a lot of history. Ms. Thompson: Okay. Vice Chair Sarnoff Man, that's a long time. Ms. Thompson: Thank you. Then Commissioner Carollo, your current incumbent is Commissioner Marc David Sarnoff. Commissioner Carollo: And I only have one, right? I only have one vacancy right now? Ms. Thompson: That's right, you only have one vacancy right now. Commissioner Carollo: I'll defer. I'll defer. Ms. Thompson: Okay. Then Commissioner Michelle Spence -Jones, your current incumbents. You have Mr. Dwight Jackson and you have Mr. Walter Frazier. Commissioner Spence -Jones: Okay. I'd like to appoint Michelle Spence -Jones. Ms. Thompson: Yes. Commissioner Spence -Jones: Just got interesting, right? Do I have a motion on that? Ms. Thompson: I'm sorry. Commissioner Gort: Move it. Ms. Thompson: Before you -- Commissioner Gort: Move it. Ms. Thompson: I'm sorry. I just want to know who will you be replacing on that one, Mr. Jack Commissioner Spence -Jones: Either one of them 'cause I'm replacing both people. Ms. Thompson: Okay, go ahead. And your -- Commissioner Gort: Move it. Ms. Thompson: Wait. She's got -- Vice Chair Sarnoff. But wait. She's (UNINTELLIGIBLE) the second -- Chair Suarez: (UNINTELLIGIBLE), she's got a second one. Vice Chair Sarnoff -- you're going to do your second -- Commissioner Spence -Jones: I motion -- oh, you want to do both? Vice Chair Sarnoff I'll do -- well, you -- say who you want. I'll do the motion. It'll sound better City of Miami Page 154 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 than you doing it. Commissioner Spence -Jones: So I want to say -- I'm going to shock you. I'd like to appoint Luther Campbell. Vice Chair Sarnoff Are you serious. Commissioner Spence -Jones: What's so funny? Ms. Thompson: Okay. Commissioner Gort: Move it. Ms. Thompson: So your motion -- Vice Chair Sarnoff. Second. Commissioner Spence -Jones: Second. Chair Suarez: Guarantee our meetings are going to be a lot more fun, I could tell you that much. Ms. Thompson: And your vote? Chair Suarez: It's been moved and seconded. All in favor, signify by saying aye." The Commission (Collectively): Aye. BC.16 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: NOMINATED BY: Jose Castro Chairman Francis Suarez Peter Ehrlich Vice Chairman Marc David Sarnoff Estrella Duran Commissioner Wifredo (Willy) Gort Juan Coro Commissioner Frank Carollo 11-01001 NAB CCMemo.pdf 11-01001 NAB Current_Board_Members.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0104 Chair Suarez: 16. City of Miami Page 155 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Priscilla A. Thompson (City Clerk): On BC.16, your Nuisance Abatement Board, Chair Suarez? Chair Suarez: I reappoint -- Ms. Thompson: You'll reappoint -- Chair Suarez: -- Jose Castro. Ms. Thompson: -- Mr. Castro. Thank you. Vice Chair Sarnoff, Mr. Peter Ehrlich. Vice Chair Sarnoff Oh, I'd love to reappoint him. Ms. Thompson: Okay. Then Commissioner Gort, Estrella Duran. Commissioner Gort: I'd like to reappoint her. She's been going to the meetings. Commissioner Spence -Jones: Who are you reappointing? Ms. Thompson: Yes. Commissioner Spence -Jones: In Nuisance -- you're reappoint -- Commissioner Gort: Nuisance Abatement Board. Commissioner Spence -Jones: You are reappointing? Commissioner Gort: Yes. Commissioner Spence -Jones: You're reappointing yours? Ms. Thompson: Yes. Commissioner Spence -Jones: Okay. Chair Suarez: Yeah, yeah. Ms. Thompson: Okay. Then we have a vacancy for Commissioner Carollo. Commissioner Carollo: Mr. Juan Coro. Ms. Thompson: I'm sorry, Juan? Commissioner Carollo: Coro. Vice Chair Sarnoff. We got a board. Commissioner Carollo: C-O-R-O. Ms. Thompson: C-O-R-O. Vice Chair Sarnoff. We got a board. Ms. Thompson: Thank you. And then that's it because -- City of Miami Page 156 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: He's a good guy. Ms. Thompson: -- Commissioner Spence -Jones made her appointment as a special appointment the last meeting. Commissioner Spence -Jones: Chris (UNINTELLIGIBLE). Ms. Thompson: So may I have a motion, please? Vice Chair Sarnoff. Motion as stated. Chair Suarez: Motion by Commissioner Sarnoff -- Commissioner Carollo: Second. Chair Suarez: -- second by Commissioner Carollo. All in favor, signify by saying aye." The Commission (Collectively): Aye. BC.17 RESOLUTION 12-00057 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL ASAMEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Frank Carollo 12-00057 PRAB CCMemo.pdf 12-00057 PRAB Current Board Members.pdf Motion by Commissioner Carollo, seconded by Vice Chair Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Priscilla A. Thompson (City Clerk): On BC.17, you have your Parks and Recreation Advisory Board Commissioner Carollo has an appointment. The individual must be from District 3. Commissioner Carollo: Defer. Ms. Thompson: Defer. Can I get a motion on that, please? Commissioner Carollo: So moved, defer. Ms. Thompson: Thank you. Vice Chair Sarnoff. Second. Ms. Thompson: And my vote. Chair Suarez: Been moved by Commissioner Carollo, second by Commissioner Sarnoff. All in favor, signify by saying aye." City of Miami Page 157 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 The Commission (Collectively): Aye. BC.18 RESOLUTION 12-00043 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: Charles Garavaglia Chairman Francis Suarez Janice Tarbert Chairman Francis Suarez 12-00043 PZAB CCMemo.pdf 12-00043 PZAB Current_Board_Members.pdf 12-00043 PZAB Applications.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0105 Priscilla A. Thompson (City Clerk): And the Planning & Zoning Board would be BC.18. You have your incumbents and we have a list of eligible applicants, so -- Commissioner Spence -Jones: Madam City Clerk, I'm deferring mine. Ms. Thompson: Okay. Moving right along, then, Commissioner -- I'm sorry, Chair Suarez, you have two appointments. Your incumbents -- Chair Suarez: I reappoint them both. Ms. Thompson: You -- thank you. And then Vice Chair Sarnoff, you have your incumbent, Patrick Goggins, and he did reapply. Vice Chair Sarnoff What's my menu? Ms. Thompson: I'm sorry? Vice Chair Sarnoff What's my menu? Who can I appoint? I just want to know who's applied. Ms. Thompson: Okay, eligible applicants. All right, we -- just hold on. We have -- eligible applicants would be Oscar Rodriguez, Patrick Goggins, C. Chloe Keidaish, David Berley, Keon Hardemon, and Randall Moreland. Vice Chair Sarnoff. I'll defer. Ms. Thompson: You'll defer. Thank you. Then moving right along, Commissioner Gort, your incumbent, Lazaro Lopez, did not reapply. City of Miami Page 158 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Gort: He did not reapply? Ms. Thompson: He did not reapply. Commissioner Gort: Okay. William Martin. Ms. Thompson: I'm sorry, he's not there. Commissioner Gort: Well, okay. Ms. Thompson: William Martin, no. Commissioner Gort: Then waive it. Commissioner Spence -Jones: Defer. Ms. Thompson: You're going to defer it? Commissioner Spence -Jones: Yes. Ms. Thompson: Okay, thank you. And then Commissioner Carollo? Commissioner Carollo: Defer. Ms. Thompson: Defer. And then Commissioner Spence -Jones, your current incumbent, Oscar Rodriguez. Commissioner Spence -Jones: So -- Ms. Thompson: That's who your incumbent is, but we have a list of individuals who applied. He is one of them. Commissioner Spence -Jones: All right, let me defer. Ms. Thompson: Okay. Then may I have my motion, please? Vice Chair Sarnoff As stated. Chair Suarez: Moved -- motion by Commissioner Sarnoff. Is there a second? Commissioner Carollo: Second. Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Carollo. All in favor, signifir by saying Eye." The Commission (Collectively): Aye. BC.19 RESOLUTION 11-01209 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. City of Miami Page 159 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 APPOINTEES: NOMINATED BY: Anthony Tzamtzis Vice Chairman Marc David Sarnoff Gerald Marston Vice Chairman Marc David Sarnoff Jesus Permuy Commissioner Wifredo (Willy) Gort 11-01209 UDRB CCMemo.pdf 11-01209 UDRB Current_Board_Members.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0106 Priscilla A. Thompson (City Clerk): Then BC.19, the Urban Development Review Board. This is your board -- most of the current incumbents cannot be reappointed again because they've met their time [sic] limits. However, if you're going to defer, they will continue to serve. Commissioner Carollo: I'll defer mine. Ms. Thompson: Then Commissioner Sarnoff, your incumbents are fine for reappointment. Vice Chair Sarnoff Yeah, I'm going to reappoint them. Ms. Thompson: Both of them, Mr. --? Vice Chair Sarnoff Yeah. It's Anthony Tzamtzis and Gerald Marston. Ms. Thompson: Okay. No, I'm sorry. Rudolph -- Vice Chair Sarnoff No? Ms. Thompson: Rudolph Moreno. Chair Suarez: Yeah, that's what he said. Vice Chair Sarnoff. What was it? Ms. Thompson: On your UDRB (Urban Development Review Board) -- Vice Chair Sarnoff Right. Ms. Thompson: -- Rudolph Moreno. Chair Suarez: Rudolph Moreno. Vice Chair Sarnoff. Let me -- has Anthony Tzamtzis --? Ms. Thompson: That's your current incumbent. Yes, he's there. He's right there (UNINTELLIGIBLE) -- City of Miami Page 160 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Vice Chair Sarnoff And Gerald Marston is not on there? Ms. Thompson: No. But if you're going to remove Mr. Moreno, is that your intention? Vice Chair Sarnoff. Yes. Ms. Thompson: So you're going to remove Mr. Moreno and appoint Mr. Marston. Vice Chair Sarnoff Right. Ms. Thompson: Right? Okay, thank you. Commissioner Gort, your incumbent, Robin Bosco, cannot be reappointed. He can continue to serve. Commissioner Gort: Reappoint. Ms. Thompson: I'm sorry? Commissioner Gort: Reappoint. Ms. Thompson: You cannot -- he -- Mr. Bosco cannot be reappointed, but he -- Chair Suarez: Just defer it. Ms. Thompson: -- can continue to serve if you don't -- Commissioner Gort: I defer it. Chair Suarez: He defer it. Ms. Thompson: Thank you. Chair Suarez: He defers it. Ms. Thompson: And then your other one, Jesus Per -- P-E-R-M-U-Y. Chair Suarez: Permuy Ms. Thompson: He's fine for -- Commissioner Gort: Permuy, yes. Ms. Thompson: Thank you. He's fine for reappointment if you want to do that? Thank you. Commissioner Gort: Yes, ma'am, I'd like to reappoint. Ms. Thompson: Okay. All right, Commissioner Carollo, your two incumbents, Ernesto Santos, who if -- cannot be reappointed, and Robert Behar cannot be reappointed but they can continue to serve. Commissioner Carollo: Defer. Ms. Thompson: Thank you. Commissioner Gort: You have Virginia Key Beach Trust. City of Miami Page 161 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Vice Chair Sarnoff. Motion as stated. Ms. Thompson: And then -- Vice Chair Sarnoff. Oh, we're still -- okay, sorry. Ms. Thompson: -- Commissioner Spence -Jones, you have as your incumbent Dean Lewis. He can be reappointed. Commissioner Spence -Jones: But can reappoint, right? Chair Suarez: Or you can appoint whoever you want. Ms. Thompson: You can appoint someone else, yes. Commissioner Spence -Jones: Okay, Neil Hall. Ms. Thompson: Neil Hall? Commissioner Spence -Jones: Yeah. Ms. Thompson: All right. Can I get a motion, please? Chair Suarez: Moved by Commissioner Sarnoff -- Commissioner Carollo: Second. Chair Suarez: -- second by Commissioner Carollo. All in favor, signify by saying aye." The Commission (Collectively): Aye. BC.20 RESOLUTION 11-01004 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. APPOINTEES: NOMINATED BY: Gustavo Godoy Commissioner Frank Carollo Keon Hardemon Commissioner Michelle Spence -Jones 11-01004 VKBPT CCMemo.pdf 11-01004 VKBPT Current_Board_Members.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-12-0109 City of Miami Page 162 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 (BC.20) 11-01004a 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. APPOINTEES: NOMINATED BY: Gene Tinnie Mayor Tomas Regalado Maud Newbold Commissioner Wifredo (Willy) Gort Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0110 A motion was made by Vice Chairman Sarnoff, seconded by Commissioner Carollo, and was passed unanimously, to appoint Gene Tinnie and Maud Newbold as members of the Virginia Key Beach Park Trust; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Gene Tinnie and Maud Newbold as members of the Virginia Key Beach Park Trust. Priscilla A. Thompson (City Clerk): On BC.20, that's the Virginia Key Beach Park Trust. The Mayor has proffered the reappointment of Mr. Gene Tinnie, who will need a five five term waiver. Then Commissioner Suarez, you do have a vacancy. He's going to defer it, okay. Vice Chair Sarnoff. Vice Chair Sarnoff. I'm going to defer on advice of Michelle Spence -Jones because I think we need to rethink some things. Ms. Thompson: Okay, so you're going to defer. Then Commissioner Gort. Commissioner Gort: Ms. Newbold. Ms. Thompson: Okay, if that be the case, we'll have to wait because we don't have our five -five, and she will need a five -five term -- Commissioner Gort: Okay. Ms. Thompson: -- limit waiver. Commissioner Spence -Jones: Who do you have on there, Commissioner Gort? Commissioner Gort: I'll waive it. Commissioner Spence -Jones: Who do you have on there? Commissioner Gort: The -- Newbold. She lives right on 36 Street. Ms. Thompson: Okay. City of Miami Page 163 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Gort: She's the one that came over and said hello during the lunch. Commissioner Spence -Jones: Oh. Ms. Thompson: I'm sorry, Commissioner -- so can -- Commissioner Gort: She's very active. Commissioner Spence -Jones: Okay. Commissioner Gort: She's been there for a long time. Commissioner Spence -Jones: Okay. Commissioner Gort: She's good. Commissioner Spence -Jones: So we're going to wait till the five. Ms. Thompson: Okay. Commissioner Carollo, your incumbent, Gustavo Godoy. Commissioner Carollo: I want to reappoint him. Ms. Thompson: Reappoint him. Then Commissioner Spence -Jones, you have a vacancy there. Commissioner Spence -Jones: All right, I'm going to ahead and put -- I want to put some active minds on it. Keon Hardemon. Ms. Thompson: Keon Hardemon. Okay. Commissioner Spence -Jones: Young attorney. Ms. Thompson: Now on your at -large appointments, we are awaiting the memos from the Trust to make their appointments on those at -large. The Trust must recommend a list and you all, the Commissioners, ratifir them or make the appointments from there. So -- Vice Chair Sarnoff I have a motion as stated. Ms. Thompson: But -- Commissioner Carollo: Second. Ms. Thompson: Sorry. I need five -five on the both of those for Gene Tinnie and Ms. Newbold but we can take up Mr. Hardemon, unless you want to table it? Commissioner Carollo: Can we vote on the ones that --? Vice Chair Sarnoff We can vote on Hardemon alone, can't we? Commissioner Carollo: Hardemon. You can vote on Godoy. Ms. Thompson: Yes. Vice Chair Sarnoff So is there a motion on Hardemon? City of Miami Page 164 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Spence -Jones: So moved. Vice Chair Sarnoff We have a motion -- Commissioner Carollo: Second. Vice Chair Sarnoff -- by Commissioner Spence -Jones, second by Commissioner Carollo. Any discussion? Hearing none, all in favor, please say Bye." The Commission (Collectively): Aye. Vice Chair Sarnoff All right, next is -- Ms. Thompson: Thank you. We have BC (Boards and Committees) -- Commissioner Carollo: But do we vote on Godoy also? Ms. Thompson: Yes, we did, on Godoy and Hardemon, because they did not need a five -five term waiver. They were not at -large. Commissioner Carollo: Okay. Ms. Thompson: Okay. [Later...) Priscilla A. Thompson (City Clerk): Do you want to go back, since you have your five -five now, to complete your Virginia Key Board [sic] Trust because Commission -- Commissioner Spence -Jones: So moved. Ms. Thompson: Wait. We -- just one second. I'm sorry. Commissioner Spence -Jones: Maud Newbold, right? Commissioner Gort: Yes. Commissioner Spence -Jones: Gene Tinnie. Ms. Thompson: Okay, Gene Tinnie was the one that was proffered by the Mayor, that is correct. I'm sorry. Commissioner Gort was proffering the name of Ms. Maud Newbold. Commissioner Gort: Correct. Ms. Thompson: Okay. And Commissioner Gort -- I'm sorry, Vice Chair Sarnoff was going to continue his, correct? Vice Chair Sarnoff Correct, correct. Ms. Thompson: So we would be voting on Mr. Gene Tinnie, Ms. Maud Newbold, as being reappointed with the five -five term waiver. Chair Suarez: Sorry. Is there a motion? Vice Chair Sarnoff As stated. City of Miami Page 165 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: Moved by Commissioner Sarnoff. Is there a second? Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. All in favor, signify by saying aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. Chair Suarez: I'd like to -- okay, is that it? Ms. Thompson: That's it. Chair Suarez: Okay. That wasn't ten minutes, but that's okay. Well talk about it later. BC.21 RESOLUTION 12-00044 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Guillermo Rodriguez Commissioner Wifredo (Willy) Gort Stuart Sorg Commissioner Wifredo (Willy) Gort Manuel J. Prieguez Commissioner Frank Carollo Wendy Kamilar Commissioner Frank Carollo Charles Flowers Commissioner Michelle Spence -Jones 12-00044 WAB CCMemo.pdf 12-00044 WAB Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, 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-12-0107 A motion was made by Commissioner Gort, seconded by Commissioner Carollo, and was passed unanimously, with Vice Chairman Sarnoff absent, to appoint Guillermo Rodriguez and Manuel Prieguez as members of the Waterfront Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Guillermo Rodriguez and Manuel Prieguez as members of the Waterfront Advisory Board. City of Miami Page 166 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Priscilla A. Thompson (City Clerk): We move -- Vice Chair Sarnoff. Twenty-one, go ahead, Waterfront Advisory. Ms. Thompson: -- on to BC.21, the Waterfront Advisory Board. Commissioner -- Chair Suarez, you have a vacancy. Chair Suarez: Defer it for now. Ms. Thompson: Okay. Then Commissioner Gort, your incumbents Guillermo Rodriguez and Stuart Sorg. Commissioner Gort: Reappoint. Ms. Thompson: Okay, Mr. Rodriguez will need a four -five absentee waiver. Okay. Then Commissioner Carollo, your current appointment, your incumbent, Manuel Prieguez. Okay, he would also need a four -fifth absentee waiver if you're going to reappoint. Commissioner Carollo: Yes. Ms. Thompson: And then you have Wendy Kamilar. Commissioner Carollo: Yes. I'd like to reappoint both. Ms. Thompson: Okay. And then Commissioner Spence -Jones, your current incumbent is Charles Flowers. Commissioner Spence -Jones: Yes. I have two appointees, right? Ms. Thompson: No. You have only one vacancy at this point. Commissioner Spence -Jones: But what -- who do I have on that board? Ms. Thompson: Just one second. Commissioner Gort: Flowers. Commissioner Spence -Jones: He's on the board. 'Cause I want to make sure I put Luis Garcia on. Ms. Thompson: Okay. On the Waterfront Advisory Board, your current appointments are Mr. Charles flowers, who you can reconsider now, and you also have put on Mr. Luis Esteban Garcia. Chair Suarez: Yeah. Ms. Thompson: He is there already. Chair Suarez: Sure, he's there. Commissioner Spence -Jones: I have another appointment after that? Chair Suarez: No, no. Ms. Thompson: No. City of Miami Page 167 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 BC.22 11-01226 Office of the City Clerk Commissioner Spence -Jones: I (UNINTELLIGIBLE) reappoint those two. Ms. Thompson: No. Mr. Garcia is fine. It's not time for his reappointment. If you want to reappoint Mr. Charles Flowers, that's fine. Commissioner Spence -Jones: Yes. Ms. Thompson: Okay, so you'll be reappointing Mr. Charles Flowers, okay. May I get a motion, please? Commissioner Gort: Move it. Commissioner Carollo: So moved. Chair Suarez: Motion by Commissioner Gort, second by Commissioner Carollo. All in favor, signify by saying aye." The Commission (Collectively): Aye. Ms. Thompson: I'm sorry, who -- Chair Suarez: We need a fourth -- Commissioner -- Ms. Thompson: Oh, he did said "aye." Vice Chair Sarnoff I said "aye." Chair Suarez: He said "aye"? Ms. Thompson: Yes. Thank you. Commissioner Gort: Yes, yes. Ms. Thompson: Thank you. Chair Suarez: Let the record reflect that she said "aye." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE ATTENDANCE BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO LILIANA DONES AS A MEMBER OF THE COMMISSION ON STATUS OF WOMEN BOARD. 11-01226 CSWAbsence Waiver CCMemo.pdf 11-01226 CSWAbsence Waiver Current Board Members.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Priscilla A. Thompson (City Clerk): Then we have on BC.22, Ms. Liliana Dones was appointed by Vice Chair Sarnoff to the Commission on the Status of Women, but she needs a four -fifth City of Miami Page 168 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 absentee waiver. Vice Chair Sarnoff. You know, I'm going to defer. Ms. Thompson: You're going to defer? Chair Suarez: Um -hum. Ms. Thompson: Okay. Is that your motion? Commissioner Carollo: Second. Vice Chair Sarnoff. Yes, ma'am. Chair Suarez: Moved by Commissioner -- Vice Chairman Sarnoff, second by Commissioner Carollo. All in favor, signify by saying aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. BC.23 RESOLUTION 12-00091 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Clerk RESIDENCY REQUIREMENT BYA FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO CARLOS MANUEL TRUEBAAS A MEMBER OF THE AUDIT ADVISORY COMMITTEE. 12-00091 Audit Residency CCMemo.pdf 12-00091 Audit Residency Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-12-0103 Priscilla A. Thompson (City Clerk): Then BC.23, Mr. Carlos Trueba -- Chair Suarez: Trueba. Ms. Thompson: -- was appointed by Chair Suarez to serve on the Audit Advisory -- I'm sorry, Committee, but he needs a four -fifth residency waiver. Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Gort -- Vice Chair Sarnoff Second. Chair Suarez: -- second by Vice Chair. All in favor, signify by saying aye." The Commission (Collectively): Aye. City of Miami Page 169 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 DI.1 12-00145 City Manager's Office END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DISCUSSION ITEM PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES CONCERNING THEIR ANNUAL REPORTS: - PLANNING, ZONING, AND APPEALS BOARDS - STREET CODESIGNATION REVIEW COMMITTEE - COMMITTEE ON ECOLOGY AND BEAUTIFICATION (*INACTIVE) - COMMISSION ON THE STATUS OF WOMEN - VIRGINIA KEY BEACH PARK TRUST 12-00145 Memo - 2011 Annual Bd. Reports.pdf 12-00145 Board Reports.pdf 12-00145-Submittal-Virginia Key Beach Park Trust 2011 Annual Report.pdf DISCUSSED Direction by Chair Suarez to the City Attorney and the City Clerk to work together in identifying the boards that require sunsetting and bring the report back to the City Commission for action at the next scheduled commission meeting. Chair Suarez: So we're now going to start with a time certain item, the annual board reports. Anyone who's here as a chairman of one of the boards that wants to come and make their presentation. Gene Tinnie: Good morning. Johnny Martinez (City Manager): Before we start. Chair Suarez: Yes, Mr. Manager. Mr. Martinez: I'd like to advise the Commission that the Street Codesignation Committee has already sunsetted and will not be presenting. Chair Suarez: Okay. Mr. Martinez: And also the Committee on Ecology and Beautification has been inactive; therefore, an official action to sunset is required. Commissioner Gort: Yes. Chair Suarez: Okay. Mr. Martinez: And then the three boards are going to present, Planning & Zoning, the Virginia Key Trust, and so on. Chair Suarez: Before moving to the presentations, Madam Clerk, do you want us to make a motion to sunset that other board? Priscilla A. Thompson (City Clerk): I think we would need to find out from the Law Department exactly what that process should be because those boards were codified, so I defer to the City Attorney. City of Miami Page 170 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Julie O. Bru (City Attorney): Let me just review the language and the enabling legislation 'cause it may very well just happen on its own by virtue of the -- of whatever the ordinance says and I'll get back to you. Chair Suarez: Thank you. Ms. Thompson: And just one point. I'm sorry, one point, Chair. Just to be clear, the Street Codesignation Review Committee was sunsetted, but the reporting part, this part where the reports are called for every year, it has a list of the boards, committees, agencies, and trusts, and that information is still listed. So it sounds like along with sunsetting, we need to do some cleanup of that section to make sure that the section matches -- the boards listed match with what is active. Chair Suarez: Thank you. Can you work with the City Attorneys office to bring before us whatever is needed to make that happen? Ms. Thompson: Definitely. Chair Suarez: Thank you. Commissioner. Commissioner Carollo: Yeah. Could we just have for the record the three that were sunsetted? Mr. Martinez: No, just two. Commissioner Carollo: Or the two that were sunsetted. I'm sorry. Mr. Martinez: There's three: Codesignation Committee, and the Committee on Ecology and Beautification, it's been inactive; therefore, it should be sunsetted. Chair Suarez: Thank you. Commissioner Carollo: Thank you. Chair Suarez: Sir, you're recognized. Thank you. Mr. Tinnie: Good morning, Mr. Chair, Commissioners. My name is Gene Tinnie, 74 Northwest 51st Street, City of Miami, Florida, and I have the honor as serving as chair of the Virginia Key Beach Park Trust and I have the additional honor of presenting our annual report, which I'll begin by just reading our mission statement, which is the reason for which we were created and part of the language of the ordinance. Our mission is to carry forward the vision for the development and use of Virginia Key Beach Park, promoting and maintaining absolute public ownership and access, fostering its perpetuation as a passive open green space that includes nature trails, recreational facilities, and museum structures appropriate and compatible with the nature of Virginia Key; preserving it as a valuable resource to be enjoyed for posterity, and to honor the rich historical legacy of the social and civil rights history of South Florida. That being said, just to answer the required questions for the annual report in sequence, whether the board -- number one, whether the board is serving the purpose for which it was created. The answer to that is yes, we continue to do so. And the -- I'll give you the written copy of this. But the most recent progress on this is that planning and design of the museum structures is underway and we're entering to the design -- well, I should say the fabrication phase of the outdoor components of what we call the outdoor museum, which would make the space much more than just a park, but an interpretive experience as well. Number two, whether the board is serving its current community needs. The answer to that is yes. Certainly the popularity of the park speaks for itself. It's very much used, particularly on weekends, and I'll just read this. The City of Miami Page 171 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Trust has continued to embrace diverse public use of historic beach property for recreation, education and enjoyment. Historical and cultural education is a central theme in the interpretation of the historic beach. The trust is working to fulfill the public demand for bike and walking trails and additional recreational features and facility upgrades. Major accomplishments during fiscal year 2010/11, here again, most of our accomplishments, just due to necessity, have been in the area of fundraising, and in that we've been building many partnerships -- and I'm using fundraising in the broad sense of both actual funds and in -kind assistance and help. A new lead sponsor for the Virginia Key Beach Park Trust Larry Little Legends Golf Tournament [sic]. We had the annual Renaissance Festival, the Kick -Off to Calle Ocho, the Kiwanis Carnival Run, the Cystic Fibrosis Foundation -- Fundraising Walk and we have now a new multi -year agreement with the Grassroots festival of Music and Dance, which was highlighted in 2011. We have -- I'm trying to do this in a -- sort of an abbreviated form. We're moving forward with the interpretive signage and outdoor exhibits by Haley Sharp Design, which is the consulting -- the firm that we've hired. The Army Corps of Engineers in the City of Miami have agreed to complete the Virginia Key section of Ecosystem Recreation [sic], which will transform more than 20 acres of the historic beach into native hardwood hammock and recreation space. A new contractor selection process and construction time has moved this multi year Army Corps project closer to its completion. The Trust completed the completion of a new playground on Virginia Key Beach. And it has strengthened and extended its partnerships and programming with the Biscayne Nature Center Sea Grass Adventures, cultural tours from HistoryMiami, and the 5th year of the YMCA (Young Men Christian Association) Biology Summer Camp and a programming prospect with Nature Links for Lifelong Learning. That particular one is especially interesting because it really focuses on young people above the age of 21, for whom there are no programs, who have developmental delays and so forth, and so this is a very promising and interesting direction that I think will serve as a pilot for many more parks and other programs. Our fourth question is whether there's any other board, either public or private, which wound better serve the function of the board. My categorical impartial answer is absolutely not. We are -- we have done this and have a proven tract -- and this is my opportunity to just again give kudos to our staff. I'm sure you can all appreciate that, in these circumstances, finding folk who not only have the skills but have the dedication, understanding and willingness to go the extra mile on a regular basis in the service of a cause higher than ourselves is rare and we give much appreciation for that. And whether the ordinance creating the board should be amended to better enable the board to serve the purpose for which it was intended. The criteria set forth by the ordinance that created the Virginia Key Beach Park Trust have served the Trust well. However, at this stage of the master plan, it is necessary for the Trust to create a true non-profit foundation to build an endowment fund for park operations, museum sustainability and additional programs. By that we want to seriously, just given the budget landscape that we're all very familiar with, really look at how we can make this -- how could I put it -- help us help the City help us by establishing a non-profit foundation that can build an endowment and really be a long-term sustainability. Sixth question, whether the board's membership requirements should be modified. The existing membership eligibility requirements should allow for the inclusion of at -large trustees who may not reside, work, own property in the City, but reside in Miami -Dade County and have a strong bond with Virginia Key Beach. That's one recommendation that we've been talking about. As we look at the need to bring on board folks who may have more skills in fundraising and so forth, we might want to look at widening the net that we cast in order to recruit qualified individuals. And finally, the cost of both direct and indirect of maintaining the board: the Trust board's purpose, powers and duties charged it with a great responsibility to the community. The official financial difficulties that struck the nation during the fiscal year have made the cost of operating the Trust property of great importance. The Trust requires an annual direct contribution from the City of no less than $250, 000. The City contribution would provide for and guarantee appropriate administrative and park maintenance facilities, concession stand operation, park attendants and life guards, maintenance equipment and supplies, additional programming and additional -- and administrative staff and annual -- and an independent annual audit. Thank you. If you have any questions, I'll be glad to address them. City of Miami Page 172 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: Thank you. Mr. Tinnie: And our executive director, Mr. Forchion, is also here. Chair Suarez: Thank you, sir. Any questions. Yes, Commissioner Spence -Jones. Commissioner Spence -Jones: Yes, Mr. Chairman. Is there any way that -- I know we -- I didn't have it in my backup. I'm not sure if the other Commissioners had. If you can submit a copy of that report so -- Mr. Tinnie: Absolutely. Commissioner Spence -Jones: Okay. -- that every -- Mr. Tinnie: In fact, I was just going to give this copy to the Chair, but I'll -- Commissioner Spence -Jones: Yeah, just so that we -- Mr. Tinnie: -- make sure that we get it to every -- to all of you. Commissioner Spence -Jones: Okay, just so we have it. Mr. Tinnie: Absolutely. Commissioner Spence -Jones: And then I know Commissioner Sarnoff and Commissioner Gort, we all attended the Black History Month luncheon. It was beautiful to be out there on the beach. The City employees were there. And so it's great to see that we're using it. And I understand that you guys are basically maintaining your operation without any money coming from the general fund, which is kind of what the City wanted it to do from the very beginning, you know, to build itself so that it could maintain or sustain itself so kudos to you guys for being able to at least main -- you know, sustain, you know, the park for that purpose. I do know that -- and not this particular meeting -- a few meetings back, Commissioner Sarnoff, in this -- during one of the City Commission meetings, we talked about the national park and creating some sort of real partnership for Virginia Key Beach. I know that we talked about maybe perhaps doing a sunshine meeting to kind of really delve in what we need to do next to kind of support moving some of that money out of the County through the bond. I know Commissioner Suarez now is I guess the district Commissioner that handles that area. Very much interested in doing that. We got to figure out what we're going to do. I mean, I don't know if you want to expand on that at all, Commissioner Sarnoff, but I look forward to working with you to, you know, push that effort. We got it -- we've been talking about this too long. We got to really see something move. Vice Chair Sarnoff I agree with Commissioner Spence -Jones. I -- you know, interestingly enough, in District 2 all the museums, all the -- every -- all the cultural things seem to happen, and I go from Miami Museum of Science, Igo to the Miami Museum of Art, then somebody says they want another museum, and then there's of course the museum at Virginia Key Beach. And I think I've had this year not less than about 11 museum meetings and, number one, I think it's too much for one Commissioner to handle, and number two, I happen to think 11 museums is too much for Miami to handle. And I think we have to rethink -- I -- obviously, I use a lot of facetious comments. I usually say I would not support the left-handed Jewish violinists museum because everybody has a specialized museum they seem to want, and once you put a museum down, it's how do you get the land, what's the support for it, and I'm speaking in generals -- Commissioner Spence -Jones: Yeah. City of Miami Page 173 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Vice Chair Sarnoff -- generalities. And yeah, I guess I didn't expect to speak on this at all so I'm just sort of getting something off my mind. So with regard to museums, I'd welcome anyone's help with regard to how many more museums the City of Miami wants, needs or can sustain 'cause there's not one museum that will sustain itself on admissions. We all know that. I mean, the Performing Art [sic] Center will not sustain itself on ticket prices, especially the way we legislate because we want to have inclusion so it's going to come out of somebody's budgetary process. With regard to Virginia Key Beach, I think you guys -- I think you said it best, Mr. Tinnie. I think you said it, that they need to find fundraisers on their board, people who have an eye towards being able to raise money, and I think you have to rethink what it is you have out there. I mean, you have a beautiful facility. Let me say that right. You have a beautiful piece of land that may or may not need a facility, that may or may not need a museum, that may or may not need a lot of things. You have a lot of interests in your land that can bring economic benefit to you as a board and that's got to be kind of balanced -- everything you do on Virginia Key, you always have to balance with, you know -- what's the City -- Key Biscayne, the City of Key Biscayne 'cause anything we do that brings people, they get upset. Balance it with the County; balance it with the federal government. Everybody's got land out there. So you got a tough job in terms of finding that balance 'cause one man's balance; another man's imbalance. But I -- first off, I welcome Commissioner Spence -Jones's help. I will certainly give you my thoughts on fundraising and my thoughts on people who've come to me looking to use or looking to at least -- I'm using the word hopefully correct -- licensure land from you. I probably get five of those a year and I try to pass them on to your director, but maybe it's, as Commissioner Spence -Jones said more time for strategic planning. Chair Suarez: Thank you. Commissioner Gort. Commissioner Gort: I'd like to give you suggestions. You already been working with the Kiwanis of Little Havana, the Calle Ocho event. Try to get -- invite them to be part of the board. They're pretty good in putting projects together where they can raise funds. Mr. Tinnie: Okay. Chair Suarez: Thank you. Commissioner Spence -Jones: And we all have appoint -- Commissioner Gort: And if you need help with that, I'll help you with it. Commissioner Spence -Jones: -- don't we all have appointees to the board? Chair Suarez: No. Mr. Tinnie: Some do -- Commissioner Spence -Jones: All the Commissioners, right? Mr. Tinnie: -- some don't. And we'll be meeting with you, Commissioner Spence -Jones, and you, Commissioner Suarez, in terms of getting appointee. Commissioner Spence -Jones: So maybe the people that we need to bring forth are people that really have, you know, more of global, you know, perspective on what needs to happen. Mr. Tinnie: Right, right. Chair Suarez: Thank you. City of Miami Page 174 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Mr. Tinnie: And if -- but if I may conclude, I just want to just address that point because I think it's important for us to understand that this whole museum idea is not really the idea of plunking down a museum on an empty piece of land. It really was borne out of the fact that here is a piece of land that is so historically and environmentally significant with such a story to tell that it would be a loss if we did not incorporate into the future development and the land use the interpretation of it so that folks who come as visitors, as residents, as future generations, really understand what it is that was inherited. And I think, you know, with that view in mind, we get a better idea of what it is and why our nation is what it is. So I just kind of share that with you as a point of further clarification. Chair Suarez: Thank you. Thank you, sir. Mr. Tinnie: Thank you all for listening. Commissioner Gort: Thank you. Chair Suarez: Thank you. Mr. Tinnie: I'll leave this with the Chair and I will get copies to everybody. Chair Suarez: Thank you. And Madam Clerk, if you can take this and put it in the record and give all the Commissioners a copy, I'd appreciate it. Commission on the Status of Women, you're next. Allyson Warren: I was hoping you were going to leave us for last. Good morning -- Chair Suarez: Sorry. Ms. Warren: -- all. Allyson Warren, 650 Northeast 82 Terrace, in Miami. I chair the City's Commission on the Status of Women. We are chartered to serve in an advisory capacity to the Commission regarding issues that affect women and young girls and children in general. It's not a sexy board, as I've been told by several Commissioners, and we are missing a few members. We'd like to have a full board. Our current number by charter is 11. We're down a few because we understand that people are not necessarily clamoring to get on the board. We are not chartered to do programs either, but we have done some programs over the years, domestic violence programs, a program regarding immigrant prisoners who were shipped off to jail for their own protection, and we're getting ready once again for our Women's History Month breakfast. A couple of you haven't submitted names yet for honorees. I'm hoping that you will by the end of the week because our time is running short for the protocol office to be able to commendations for these ladies. Our theme this year is educating women and empowering women, and so far we've got some really, really good honorees that are going to be honored, so hoping that you will come and visit with us that morning of the 22nd. We -- as far as I know, we are the only board within the City that does what we do. The County really doesn't cover much of our territory. And I have to tell you, I saw on Wikipedia yesterday the Julia Tuttle statue picture has made it onto Wikipedia, so I know we've arrived. Chair Suarez: Awesome. Ms. Warren: Can't complain about that. Chair Suarez: Thank you. Ms. Warren: We are getting back to our original charter, which is focusing on being advisory. Putting programs together and looking for sponsors and money is just not something that is easy for a board that has no budget. We are looking to focus more on finding informational things City of Miami Page 175 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 within your districts. Commissioner Spence -Jones recently mentioned an idea regarding women who have lost children to violence. I don't know if she plans to go forward with it, but we have collected the numbers from the police department. We're looking at issues like bullying. There's a lot of stuff that goes on in the schools and in public that we can focus on because it overlaps your districts, the violence in particular, the bullying we know for sure, and that leads to some of the crime rate. We can't obviously fix it, but we can certainly do the research, do a position paper and bring it to your attention so that, with luck, you can bring some of the City's, I want to say, nonfinancial resources to bear on the problem because I think that some of the departments within the City can help. I'm just not quite sure and obviously I won't be until we come to each of you to talk about what our specific things are going to be that we're going to be advising you on basically. That's basically what we do. Any questions? Chair Suarez: Thank you, Ms. Warren. Any questions from any member of the board? Commissioner Spence -Jones: Just if there's a physical report, I think it's always important for you to at least make sure the Commissioners have it. Ms. Warren: Okay. Commissioner Spence -Jones: And yes, we are working on a program to assist mothers that have lost their kids to violence. Ms. Warren: Okay. I know that the -- Commissioner Spence -Jones: -- so we can definitely connect. Ms. Warren: Okay. I know that the reports are all submitted to the Manager's office. My liaison is out until -- for a couple of weeks, but I will be sure that somebody in the office sends you all an additional copy of the report. I did want to mention our toy drive that we have done for the last several years to a small Parrish that has raised a great number of toys. Commissioner Sarnoffs office has been terrific in helping out. We've had quite a great success. One of our board members donated computers and computer screens and printers and help them build a computer center in the church that they wouldn't have had otherwise. Chair Suarez: Thank you. Ms. Warren: So thank you very much. Commissioner Spence -Jones: Thank you. Chair Suarez: Thank you so much. Have a great day, and I'm excited about my nominee so. The next one is the PZAB (Planning, Zoning and Appeals Board), Ms. Tarbert. Janice Tarbert: Good morning. Chair Suarez: Good morning. Ms. Tarbert: Mayor Regalado, Mr. Chairman, Commissioners -- Chair Suarez: Good morning. Ms. Tarbert: -- and Mr. City Manager. Janice Tarbert, 2520 Southwest 24th Terrace, Silver Bluff Presently I am the chairperson of the PZAB, and I'm here to give the annual report, and I hope you all have copies. I was told you do, but I'll make sure you get them. City of Miami Page 176 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: Okay, thank you. Ms. Tarbert: First of all, I'd like to say that we've had new appoint -- new members appointed to the board, which we're very happy about that because there were a couple times we did not have a quorum, so we have three new members and we're up to 11 now and there should be 12. So I'll answer the questions on the report. Is the board serving the purpose for which it was created? Yes, the PZAB serves the purpose for which it was created by responding to the need for making determinations and recommendations on planning and zoning items. Is the board serving current community needs? Yes, the board is serving current community needs. What are the board's major accomplishments? In 2011 the PZAB held 17 regular scheduled meetings, two which had no quorum. A total of 66 items were heard. Is there any other board, either public or private, which would better serve the function of the board? The functions of the PZB [sic] are unique. No other board would better serve the community. Should the ordinance creating the board be amended to better enable the board to serve the purpose for which it was created? No. And should the board's membership requirements be modified? And again, I have to say no. I think the requirements are excellent. And that's my report. Are there any questions? Commissioner Gort: Thank you. Chair Suarez: No. Thank you. I think your board serves a very, very vital purpose in the City of Miami. It's certainly one of the most important boards, if not the most important board, and I could tell you -- I'm sure I can speak for my colleagues when I say that, you know, we take very much notice of the decisions that are made by the board, the recommendations, and so we thank you for your service. Ms. Tarbert: Well, we thank you all. Good day. Chair Suarez: Thank you. I think that wraps up, if I'm not mistaken, all of the boards. Is there anyone lefi? Yes, Madam City Attorney. Ms. Bru: To get back on your question, it appears that there's two boards that are mentioned in the City Clerk report: The Committee on Ecology and Beautification and the Codesignation Board. Those two boards -- first of all, the Codesignation committee was -- has been repealed, so that one should not appear anymore and we will do whatever amendment needs to be done to the City code to remove it from the section that requires these kinds of reviews. Then on the Committee on Ecology and Beautification, it appears as if that board has been inactive for a long time. I cannot find it anywhere in the code, nor does any of the Administration, you know, that would be probably involved in that, such as Planning, have been involved with such committee. So I would recommend that you direct me to take any action necessary to formally repeal any mention of that board. Ms. Thompson: Chair, if might. Chair Suarez: Yes. Ms. Thompson: Just to give a little bit of history. What might have happened is that the Administration -- the present Administration -- and I can say this because I have seniority. There is a difference in the names, so they may have been looking under one name and the board was called something else, okay. So what we did in our office, we strictly go by the code. We did go back and research. And City Attorney Bru is quite right; it has been inactive for some time. All we need to do is clean up, sunset and clean up. That's all it takes. Chair Suarez: Okay. So can you bring that to the Commission at the next Commission meeting? Okay, great. That'll be an item on our next Commission meeting, so that wraps that up. DI.2 DISCUSSION ITEM City of Miami Page 177 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 12-00146 Department of Public Facilities DISCUSSION REGARDING A REPORT DETAILING THE COMMITMENTS AGREED TO BY FLAGSTONE ISLAND GARDENS AND THEIR RESPECTIVE STATUS COMPLETION. 12-00146 Summary Form.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones DI.3 12-00147 Department of Public Facilities Note for the Record: Item DI2 was deferred to the Commission Meeting scheduled for March 22, 2012. DISCUSSION ITEM DISCUSSION REGARDING A REPORT DETAILING THE STATUS OF FUNDING FOR THE FLAGSTONE ISLAND GARDENS PROJECT. 12-00147 Summary Form.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item DI3 was deferred to the Commission Meeting scheduled for March 22, 2012. DI.4 DISCUSSION ITEM 12-00160 Office of Grants UPDATE ON THE ESTABLISHMENT OF THE GREEN CORRIDOR Administration PROPERTY ASSESSMENT CLEAN ENERGY (PACE) DISTRICT. 12-00160 Summary Form.pdf DI.5 12-00077 Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Iteni DI.4 was deferred to the Commission Meeting scheduled for March 22, 2012. DISCUSSION ITEM DISCUSSION CONCERNING THE CITYATTORNEY'S PREPARATION OF VARIOUS RESOLUTIONS FOR CHARTER AMENDMENTS THAT CHANGE THE DATES OF THE CITY OF MIAMI'S ELECTIONS TO COINCIDE WITH COUNTYWIDE ELECTIONS. City of Miami Page 178 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 12-00077 Summary Form.pdf NO ACTION TAKEN END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS PZ.1 RESOLUTION 11-01196rw A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING FINDINGS AND APPROVING A WAIVER OF TIME LIMITS FOR CONSIDERATION BY THE PLANNING ZONING AND APPEALS BOARD ("PZAB") PURSUANT TO ARTICLE 7, ENTITLED "PROCEDURES AND NONCONFORMITIES", SECTION 7.1.2.8(G)(7) OF THE MIAMI 21 CODE, ALLOWING THE PZAB TO CONSIDER A CHANGE OF ZONING FOR A PROPERTY APPROXIMATELY LOCATED AT 150 NORTHEAST 42ND STREET, 135 NORTHEAST 41 ST STREET AND 115 NORTHEAST 41ST STREET, MIAMI, FLORIDA, WHICH WERE REZONED WITHIN THE PRECEDING EIGHTEEN (18) MONTHS. 11-01196rw CC 03-22-12 Fact Sheet.pdf 11-01196rwAnalysis & Maps.pdf 11-01196rw Application & Supporting Documents.pdf 11-01196rw CC Legislation (Version 2).pdf 11-01196rw-Submittal-Miami Design District Retail Street Special Area PLan.pdf 11-01196rw-Submittal-Miami 21 Regulations.pdf LOCATION: Approximately 150 Northeast 42nd Street, 135 Northeast 41 st Street and 115 Northeast 41st Street [Commissioner Michelle Spence Jones - District 5] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of FFAC, LLC (Del.), Begonia Holdings, LLC (Del.) and Dacra Design Moore, LLC (Del.), Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PURPOSE: This will allow the PZAB to consider a request to rezone the subject properties, which were rezoned within the preceding eighteen (18) months. Motion by Commissioner Spence -Jones, seconded by Vice Chair Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo Note for the Record: Item PZ.1 was deferred to the Commission Meeting scheduled for March 22, 2012. Chair Suarez: Go ahead, Francisco, you're recognized. Mr. Garcia. Francisco Garcia: Good afternoon. Francisco Garcia, Planning & Zoning director. Item PZ.1 is a request for a waiver of time limits for consideration of a zoning change at approximately 150 City of Miami Page 179 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 D1.1 12-00236 Northeast 42nd Street. We are recommending that this item be continued today. We recommend that the date be time certain -- or date certain, rather, March 22. Chair Suarez: I'll definitely give them a date certain. I would have given him a time certain today ifI would have known that this was going to be deferred. So I apologize, Mayor, for having to wait here. Is there a motion? Commissioner Spence -Jones: So moved. Vice Chair Sarnoff.. So moved. Chair Suarez: Moved by Commissioner Spence -Jones, second by our Vice Chair. Any further discussion? All in favor, signify by saying aye." " The Commission (Collectively): Aye. Chair Suarez: (Comments in Spanish not translated). END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT DISCUSSION ITEM DISCUSSION CONCERNING THE EVALUATION OF DEPARTMENTS BY COMMISSIONERS. 12-00236 Email - Evaluation Departments.pdf 12-00236-Submittal-District 1.pdf DISCUSSED Commissioner Gort: I got a discussion item. Chair Suarez: Yes, Commissioner Gort, you're recognized for your discussion item. Commissioner Gort: Bringing this as a discussion item. I think brought it before. And I think what we just experienced explains why I think this is necessary or helpful. My office, in working with the different departments -- and I have the -- I don't want to take too much of your time. I believe we have been able to save the City quite a few million dollars. We have been able to coordinate certain efforts with some of the Administration that perform a little better, andl want to distribute what I think -- it was the different departments. Commissioner Carollo: Mr. Chairman. City of Miami Page 180 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: Yes. Commissioner Gort: I suggested this before. It's -- I broke up the different City departments and where I believe they had certain relation with each other, and some of you share the several committees for the City of Miami or several organizations and you have done very well as the chairperson for those organizations, Bayfront Park, DDA (Downtown Development Authority), CRA (Community Redevelopment Agency) and so on. This is just food for thought. I think we should all take x'amount of department to work with, come up and meet with them and try to come up with some ideas, some (UNINTELLIGIBLE) solutions, some recommendations. It's a little bit like thinking out of the box. Administration's got a lot of things going on. At the same time, they got the budget, they got all that. A lot of time we just see what happening. This was brought to Administration a year and a half ago and then we have to make a decision today, within half an hour -- Chair Suarez: On emergency basis. Commissioner Gort: -- because it was no follow-up on it. I do a lot of the follow-up and a lot of requests and l know Commissioner Carollo does too and l think every one of us does . This is just food for thought and I would like to bring it back some other time. These are the departments that I think we, as Commission, should say, look, I'm going to be working with this departments. I'm going to sit down with them, going to talk to them and see how -- what we recommend, what actions we can recommend to the Manager 'cause we not allowed to do any of that but we can make suggestions. I can tell you, we had saved the City quite a few million dollars in recommendations that we have made, that we have made in accordance with Administration in working with the staff of the different departments. Right now with CDBG (Community Development Block Grant), we were able to sell, Vice Chair, I think it was about $5 million. We were able to take advantage of it by changing a little bit of the rules. Today we're working very closely with the numbers and what's going on with the Census Bureau and the -- and this we doing in coordinating with the different department. I would like for us to look at it. I broke up -- any suggestions, they'll be welcome to, and if you want to, we can have a -- what do you call them, sunshine discussion on this or bring it back some other next Commission meeting, but I'd like to get your input on this. Chair Suarez: Thank you. Does anyone want to jump in? Commissioner Carollo: Yeah, sure. Mr. Chairman. Chair Suarez: Sure. Commissioner Carollo: I mean, I welcome any Commissioner to, you know, look at any department. I don't know if we need to structure it so much, but I welcome any Commissioner to look at any department and you know, give recommendation. I mean, I don't know as far as, you know, structuring it so much that you're taking this department and that department and so forth, you know. I could tell you, there's a lot of these departments that I feel similar that, you know, are categorized different that I wouldn't mind looking at. But at the same time, I think any Commissioner is free to do that anyways, so you know, I welcome anyone -- Commissioner Gort: No, no. Commissioner Carollo: -- to look at any department. Commissioner Gort: We have that. We -- I mean, all of us had the ability to check with any departments through the Manager and so on, but mainly to do follow-up within certain departments, like we have the expertise in Finance. You have shown it before. We have two attorneys here that have the expertise in law and there's other departments that we can look into. City of Miami Page 181 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Just food for thought. Vice Chair Sarnoff The only problem with this is what you can do on paper might be one thing, but as soon as you talk to a department director and you start discussing consolidation, changes, are you violating the Charter? Julie O. Bru (City Attorney): Actually, Commissioner, the Charter does best in the City Commission the authority to establish new departments, discontinue departments or consolidate departments. It doesn't tell you how you can do that, but I guess assumed in that authority is the authority to review the functions of the departments to determine whether or not it should be abolished, combined. But you're right, the devil is into detail because you cannot direct the workforce, you can't micromanage how the Administrat -- how the Manager runs the City because -- well, let me rephrase that. You can't micromanage his personnel decisions. So really, what you're looking at is a very high-level review of departments and whether or not they're functions are appropriate or whether it's best to combine them or the performance, I guess. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: In all fairness, it's easier said than done, and I'll tell you -- I'll give you a perfect example, and it's not like I'm making things up or anything. I, in a Commission meeting, purposely showed numerous pictures of something what it was happening in District 3, and I know it's happening citywide, but you know, of illegal dumping. You can say that I didn't even have to go to the director or the Manager. On the dais I requested information to better educate myself on exactly what was the focus and look at all the issues that I've had. So it's easier said than done, you know. Now, the truth of the matter is, other than up here on the dais, to make sure that there is no perception or any type of violation, other than here on the dais, the only other person that I've spoken about this to has been the City Manager and somewhat the assistant City Manager, Luis Cabrera, that's coming up with a plan and has, you know -- but my point is it's not that easy, and I just showed you a perfect example. So you know, I welcome any Commissioner to look at any department, but at the same time, I know just from this experience alone, it has not been easy. And realistically, my intent the whole time was the citizens andl started with that. I started showing the pictures. Look, this is -- every time I drive at any given time through little Havana, this is what I see. And you know what, we need to really focus on what the issue really is and how to better -- get more bang for our buck, especially when items are coming before us saying, hey, we want allocate x"amount of funding for this department, you know. So again, I mean, I'll follow the will of this Commission, but it hasn't been easy. Chair Suarez: Thank you. Commissioner, I, you know, have been also asking for something similar in a variety of context. I think the logical person to do it would be the Administration, but I think it hasn't really happened and I think that's where the frustration is coming from yourself and myself. And so it's almost like we'll just divide it up and do the work ourself. It's a lot of work but I'm willing to do it. I'm willing to dig into those departments. I just don't think -- I think in -- I think it should have been and it should be done by the Administration. Commissioner Gort: I can show you three sheets of work that we've done and we've done it working with the departments and recommend to the Manager. We don't direct and we don't order. We sit down with him. We ask him like when we changed the CDBG funds from the City of Miami -- for the City of Miami, we're a year behind the federal government. We made some suggestions to CDBG to the Administration; we changed it. And we fund it for six month and that gave the City about $5 million additional during the crisis and the budget. There's several things that we looked at in the departments that -- ways they could change that we suggested. We never ask him to do anything. We suggest. And that suggestion goes through the Manager because he's the person in charge of that and like to follow up. I've been asking for the table of City of Miami Page 182 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 contents of organizations for a while and want a description of each department, what is the performance, what are they supposed to do so that -- and the Budget director, I understand he's working on that now. This is -- I'd like to see what they doing, what is the scope of service they have to provide, how much money they need to provide it, and maybe we can recommend some ways they can be improved. Like this that just took place a little while ago is a great example. There was nobody really following up it up. It's my fault. I should have stayed on top of it. I should have yelled. So I blame myself for that. Chair Suarez: Thank you. Vice Chair Sarnoff. So what do we (UNINTELLIGIBLE) do? 'Cause I -- 'cause you know -- Commissioner Gort: No, no. Just -- Vice Chair Sarnoff I -- no, I -- you know what, I've learned one thing: If it's important to a Commissioner up here, it's important to all of us. And obviously, we all know the Mayor of Miami -Dade County went through this analysis and I guess 36 departments are now down to -- Commissioner Carollo: That's different, though, and I'll tell you why. Vice Chair Sarnoff. I know the difference between the Mayor doing it 'cause he's the executive and he gets to do that. Commissioner Carollo: Actually, he's not the executive. He's actually also the management. You know how Commissioner Suarez -- Chairman Suarez said that the management should be doing that. He technically is the management now and that's -- we have an executive -- Vice Chair Sarnoff I'm assuming what the City Attorney just told us -- and I'm going to go on advice of counsel. Advice of counsel says that we could go -- we could, if we chose to, study this issue amongst ourselves and create, consolidate and change department. Is that correct, Madam City Attorney? Ms. Bru: Yeah. I think the word that's involved now is, you know, evaluate for efficiency. Right size, I think, is the word that comes to mind. So if you wanted to look at departments, you know, to determine whether or not their function and their mission can be best performed by consolidating, maybe abolishing it, privatizing, whatever, those kinds of things at that high level you could do. Commissioner Gort: And by the way, we make suggestion. Vice Chair Sarnoff Could you send them to all of us 'cause -- Commissioner Gort: Of course. Vice Chair Sarnoff -- obviously -- and I'm not disrespecting the City Manager by any stretch. But obviously, it's sort of as you said, fallen on deaf ears so I think there are five ears here. I think we've all supported each other, and this isn't something I was contemplating, but I hear it's important to you. I know, yeah, the Chairman's been after something like this as well. I'm more than -- you know, I just did something really funny just a moment ago. I thought you had bunched these as probably some basis that you thought these departments had some basis to be together. Commissioner Gort: They can coordinate it with each other. Vice Chair Sarnoff Right. I just took the City -- I've always been curious why is the City City of Miami Page 183 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Attorney not also part of Risk Management? That's something that's always been my curiosity. I mean, the two go hand in glove. But we in this City of Miami have never done that. Now obviously, I'm using my skill and expertise. I couldn't build a bird house. Maybe you built many bird houses. You know building and public works better than I'll ever know it. Commissioner Gort: And by the way, very important, this is working with Administration, with the Manager. Doesn't mean that we're going to be doing it ourself. We just going to make recommendation to the Manager and we're going to be working with Administration with them. This is how we work before in the past. Commissioner Carollo: I can tell you, in some of these, I think I'm already doing it, you know, maybe not to the extent that you're liking, but you know, I'm already doing it. And there's actually one department that we're focusing on and we -- you know, I -- speaking with my staff, we decided hey, you know what, let's wait a few weeks so not to have so much on our plate, but you know -- I don't know. Like I said, I'll follow the will of the Commission. The only thing is I don't want to get tied down where -- let's say, for instance, I have public safety, you know, first responder knowledge. You may still want to, you know, look at fire and I may want to look at fire; just don't preclude me from also looking at the same department. And then there's some departments that, realistically -- and again, I'm going now on history. IT, realistically, you know, I went through the first time went through the budget with IT. I thought we were spending so much on IT, guess what? I couldn't substantiate. I didn't have enough knowledge to be able to substantiate listen, we're spending too much in IT, you know. Chair Suarez: (UNINTELLIGIBLE). Commissioner Carollo: So -- right. Chair Suarez: (UNINTELLIGIBLE) expertise. Commissioner Carollo: So if you -- so something like this, let's say, you know -- and that's what I'm saying, I'm afraid of structuring it too much, like Fire, Information Technology, Auditor General. I don't have problem with Fire or Auditor General. You put in there IT and Risk Management, we're in trouble now 'cause that's not my expertise. I -- Commissioner Gort: No, I -- Commissioner Carollo: You understand what I'm saying? Commissioner Gort: -- understand that, but when the expertise not in, we can always utilize the expertise we have here. If not, we can always bring someone from the outside to do an audit. Vice Chair Sarnoff But here's where it gets complicated for me because if we don't have the expertise, the first thing we're likely to do is call in that director and then the line becomes obscure. And the one thing I've always been -- I mean, he must crack up the way I communicate because he always gets named on something and I always say through the City Manager, of course, 'cause I don't want to end up on somebody's plate, you know, because somebody does a public records request and was this a question or a command, you know. You can ask a question of anyone; you just can't command. Commissioner Gort: Right. Vice Chair Sarnoff Look, you know what, it's important to you. I feel like I know something about the City Attorney. I think I know something about Risk Management. God, it's sad; I don't know much else. City of Miami Page 184 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Gort: And by the way, we're going to continue to work with all the departments (UNINTELLIGIBLE). Any recommendation we're going to make, (UNINTELLIGIBLE) make it to the Manager, so I don't -- and I think every Commissioner should be involved (UNINTELLIGIBLE) just to make sure we do follow-up, if possible. Vice Chair Sarnoff. Would you communicate with our office and the other Commissioners' office and maybe come up with each Commissioner looking at different departments, maybe --? Commissioner Gort: Well, the reason I brought this up is for you to look at, and if you think -- you believe you have expertise in any one of those, look into it. Vice Chair Sarnoff Yeah, I mean, this may sound weird; I mean, I could probably do Risk Management, City Attorney, maybe Parks, you know, and I -- what I really know about Parks, other than I like to make them. Commissioner Gort: And maybe all of us can work with all of them. That's no problem. But it gives you a suggestion that you take the lead in those things and if any follow-up to be done, to make sure it gets done. Vice Chair Sarnoff It's the perfect time of year to do it, I mean, because we're about to go through budget. This is the time to decide are there any efficiencies to be created, and maybe the Manager comes back to us and says, you haven't even thought about this. There's no way you could do this or -- So would you at least get us -- all of us the information you've done? Commissioner Gort: Sure. Commissioner Carollo: And by the way, these aren't even all the departments. Right off the bag [sicJ, I see there's a few that are missing, so you know, I don't know how many we want to look at each and -- You understand what I'm saying? Like I'm just -- I don't mind hey, I'm going to take a look at this and he takes a look at that. I don't have a problem. But again, I just don't want to structure it so much where hey, we're giving you these five and you're taking these five. You understand what I'm saying? Commissioner Gort: Right. I'll give you -- I'll write down some of the suggestions that we're recommending. We're not taking what has -- Vice Chair Sarnoff Okay. Commissioner Gort: -- happened with those suggestions Vice Chair Sarnoff Okay. Commissioner Gort: Send it to you all so you get an idea. Vice Chair Sarnoff Okay. Commissioner Carollo: Good. Commissioner Gort: Okay. That was my item. Chair Suarez: You don't want to do the Pottinger homelessness, that one? Okay. Commissioner Gort: (UNINTELLIGIBLE). Chair Suarez: District -- City of Miami Page 185 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Vice Chair Sarnoff. I had a whole -- Chair Suarez: -- 5. Vice Chair Sarnoff. -- PowerPoint presentation for him. Chair Suarez: You have a whole PowerPoint presentation? Vice Chair Sarnoff. I did, for Pottinger. Chair Suarez: You really had a Power -- the last item on the agenda, you have a whole PowerPoint presentation. Vice Chair Sarnoff. I did, and I was -- just want you to know I was up on this. Chair Suarez: All right. Commissioner Carollo: I -- Vice Chair Sarnoff. But I'll -- D1.2 DISCUSSION ITEM 12-00242 DISCUSSION CONCERNING POTTINGER AND HOMELESSNESS. 12-00242 Email - Pottinger and Homelessness.pdf NO ACTION TAKEN END OF DISTRICT 1 DISTRICT 2 VICE-CHAIRMAN MARC DAVID SARNOFF D2.1 DISCUSSION ITEM 12-00225 DISCUSSION REGARDING UNSANCTIONED PAYPHONE ADVERTISING KIOSKS ON CITY SIDEWALKS. 12-00225 Advertising Kiosks on City Sidewalks.pdf 12-00225-Submittal-Phone Advertisement Information.pdf DISCUSSED Chair Suarez: I think that our last item of the day is Commissioner Sarnoffs discussion item. Vice Chair Sarnoff. Thank you, Mr. Chair. My first -- and I only have two I'll bring up, but my first discussion item is regarding unsanctioned pay phone advertising kiosk on City sidewalks. I've given every one of you up here just some pictures of City sidewalks. Apparently in 2001 the City created a pilot program and they created what was called a kiosk permitted area. We put in 59 of these pay phones in these permanent areas. However, what we've been able to discern City of Miami Page 186 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 from going around the City, there are 33 kiosks outside of it, so now there are a total of 111 of these things that have been on the street since a pilot project of 2001. I am just -- you know, you ask -- first off, we don't want to make too much advertising. We want to make the advertisement we do put out there valuable, and so long as we allow something that should have been sunsetted in 2002 to remain on our streets the way we have, you're never going to get the exact amount you should get for your murals, you're never going to get the exact amount you should get for your other advertising things. I'd lik -- Chair Suarez: These are illegal ones? Vice Chair Sarnoff These are illegal. Chair Suarez: These things are just popping up like that. Vice Chair Sarnoff Everywhere. Chair Suarez: Nuts. Vice Chair Sarnoff So Mr. -- Commissioner Carollo: Who enforces them? Vice Chair Sarnoff We do, Code Enforcement. Code Enforcement and Public Works. Chair Suarez: But how did they get -- did they get permits for this? Commissioner Gort: We were told they were grandfather in. Chair Suarez: Did they get a permit for this? Vice Chair Sarnoff. We have unpermitted ones. We have 33 unpermitted ones. Chair Suarez: You got to be kidding me. Vice Chair Sarnoff Huh? Chair Suarez: You got to be kidding me. Vice Chair Sarnoff Nope. Nzeribe Ihekwaba (Director, Public Works): Can I comment? Vice Chair Sarnoff Yes, sir. Chair Suarez: Please, somebody. Mr. Ihekwaba: Yeah. Good afternoon. Zerry Ihekwaba. Mr. Commissioner, with all due respects -- Vice Chair Sarnoff It's always inferred, Zerry. You never have to say due respect to me. I'll always infer you're going to respect me. Mr. Ihekwaba: These -- Vice Chair Sarnoff Usually, when I say that to a judge, just the opposite's about to happen. City of Miami Page 187 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: Exactly. Mr. Ihekwaba: The pay phones in question are the ones that look like this. Chair Suarez: That's a pay phone? Mr. Ihekwaba: Yes. Chair Suarez: Oh, okay. Mr. Ihekwaba: These are the pay phones in question. Chair Suarez: Or is that a miniature pay phone? Mr. Ihekwaba: Subject to Chapter 54 of the City code, the pay phones that are on City streets have permits to be there and all of them have been permitted. For the specialized pay phones that I've just handed Mr. Chairman Suarez -- Chair Suarez: Yes. Mr. Ihekwaba: -- those specialized kiosks actually permitted to be in City streets, subject to Chapter 54 of the code. Chair Suarez: So you're saying that they are permitted? Mr. Ihekwaba: They are permitted. They are legal. However, the City code does not address the issue of advertisement on the pay phones. Florida Statute chapter -- Florida Statute 337.408 allows up to three advertisement on the pay phone and each of these kiosks have a maximum of three. Vice Chair Sarnoff. Mr. Ihekwaba. Mr. Ihekwaba: There are locations in the City of Miami that were permitted by the state. Vice Chair Sarnoff He's pretty good, huh? Mr. Ihekwaba: All the pay phones on Brickell Avenue, Flagler, Biscayne Boulevard, Southwest 8th -- Chair Suarez: Are permitted. Mr. Ihekwaba: -- were all permitted by FDOT (Florida Department of Transportation) -- Commissioner Gort: State roads. Mr. Ihekwaba: -- because they all state road. Commissioner Gort: State sidewalk. Mr. Ihekwaba: So they do -- they were not permitted by the City of Miami. In any case, these particular vendor has consistently and continuously be paying the City of Miami fees up to 15 percent of their profits, as stipulated in the prior ordinance that was in enacted in 2001. In other words, the City's collecting profit margin of 15 percent from the locations, even though the City have not issued those permits. They were issued by the state. So the bottom line is that these pay City of Miami Page 188 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 phones with kiosks and advertisements were sanctioned by the state, permitted by the City of Miami's, subject to Chapter 54, so in effect, they are legal to be there. Vice Chair Sarnoff. Mr. Ihekwaba. Mr. Ihekwaba: Yes, sir. Vice Chair Sarnoff The resolution that allowed them to be permitted had a sunset date of 2002, correct? Mr. Ihekwaba: Yes. Vice Chair Sarnoff Nobody has extended that sunset date, correct? Mr. Ihekwaba: For the advertisement, yes. Vice Chair Sarnoff So they are no longer legal in accordance with City of Miami ordinance? Mr. Ihekwaba: My understanding, sir, ifI may answer that question, is that a state law preempts City code, and there is a state law that says in 337.408 that they can have up to three advertisement on a pay phone. So the pay phone is (UNINTELLIGIBLE) the advertisement. I think there is a confusion here Vice Chair Sarnoff But see -- Mr. Ihekwaba: The pay phone is legal. The pay phone is legal. Vice Chair Sarnoff -- but the problem if you read the state law -- Mr. Ihekwaba: Yeah. Vice Chair Sarnoff -- it also says subject to municipal approval. Mr. Ihekwaba: That's the -- permits were issued for the pay phones. Vice Chair Sarnoff Understood. But your permit ran out in 2002. Mr. Ihekwaba: No, the City code has not ran out. What you are referring to is the advertisement, not the pay phone. That's what the ordinance refer to, the advertisement. The pay phone is still legal. Vice Chair Sarnoff. Okay. I'll tell you what, I will send a memorandum to the City Attorney. Mr. Ihekwaba: Yes, sir. Vice Chair Sarnoff If she finds what we're doing legal, I will be shocked, and I will include the state enabling legislation, I will include the actions taken by this City of Miami, and I will take the inactions taken by this City Commission. And if it turns out to be legal, I will be shocked. Mr. Ihekwaba: I have a copy of the permit from the state. Vice Chair Sarnoff Oh, I -- you may have a permit from the state, but the permit from the state and the state enabling statute says that you must have an ordinance or a resolution by the city -- by the municipality to allow the phone to be there. City of Miami Page 189 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Mr. Ihekwaba: Again, let me clarify what I've been stressing. The pay phones are legal. It's advertisement that should be in question. Vice Chair Sarnoff Correct, you're right. Mr. Ihekwaba: We need to separate both of them. Vice Chair Sarnoff. You're right, it's the advertisement. Mr. Ihekwaba: Yes. Commissioner Gort: If you remove the advertising, they won't want to be there. Vice Chair Sarnoff Well, the phones -- have you ever seen the repair of these phones? Most of them don't even have phones in them and most of them look like they're bolted -- I just drove past one on Brickell. It looks like chewing gum is holding it up, you know, and if that's legal, then we should bring it to the state's attention so that they can see in a hurricane, this will never stand up. I mean, there are not just one or two of these; there are thirty of these. Mr. Ihekwaba: Yeah. Vice Chair Sarnoff So -- and I have yet to find one that has a functioning phone. Chair Suarez: Well, that's interesting. Vice Chair Sarnoff I mean, I don't -- maybe in the state enabling statute -- and I will have a memo for you on it -- it may actually have to have a functioning phone 'cause otherwise, you would agree with me, would you not, Mr. Ihekwaba, that if you simply had a three -station, three pointed object, it would be nothing more than advertising if it performed no function of communication other than communicating the advertisement? Mr. Ihekwaba: That's correct. Vice Chair Sarnoff So if you read the statute carefully, and I don't know that you have, does it have to have a functioning phone in it? Mr. Ihekwaba: Well, the name presupposes it should have a functioning phone. It says pay phones. Vice Chair Sarnoff.- Right. So as the City Attorney would say, it's implied or implicit in this statute. IfI were to demonstrate to you more than three quarters of these objects don't function at all, would you take action on that? Mr. Ihekwaba: Obviously, because at the stages of permit renewal, staff is supposed to call these pay phones. We have their telephone numbers on file. Vice Chair Sarnoff And when's the last time you made that call? Mr. Ihekwaba: I think that was in September 2011. Chair Suarez: Somebody on the other line will pick it up 'cause it may not be going there, let me tell you. It'll be going to a call center. Hello. Commissioner Gort: Let me ask a question. Who selects the location? 'Cause I'm seeing one in here, it's in the middle of the street blocking the sidewalk. City of Miami Page 190 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Mr. Ihekwaba: I don't know -- Vice Chair Sarnoff.. You'll find these are not even ADA (Americans with Disabilities Act) compliant. Mr. Ihekwaba: If they're on City maintained streets and sidewalks, Public Works and the City reviews and inspects the location. Commissioner Gort: If someone falls because they're run into one of those phones, who's liable? Mr. Ihekwaba: If it's on City street, that would be the City. If it's on state road, it has to be the state. Vice Chair Sarnoff. Well, what I will do is I'll have a memorandum provided to you and the City Attorney and then I will have a photograph of every phone and I will catalog what phone works, I will catalog the disrepair of that phone so that you don't have to go out there and do this yourself. My office will take it upon myself, with my very limited budget, with my very limited resources, with my very limited, you know, gas that we have, and we will do the work of this Administration and then we will put it to you in a memorandum, and then I will ask you to go and determine, with the City Attorney, if we have violated any City law, any ordinance by the County or any state law. Failing insane, if you come back and say no, I will take a private attorney general action against this City to remove these. Commissioner Gort: Vice Chairman Sarnoff, you just earned Public Works. Vice Chair Sarnoff. There you go. Mr. Ihekwaba: At least this one works. Vice Chair Sarnoff.. There you go. Mr. Ihekwaba: Thanks. Vice Chair Sarnoff Okay. Commissioner Gort: See how it works. Vice Chair Sarnoff I see that. I see that. D2.2 DISCUSSION ITEM 12-00227 D2.3 12-00230 DISCUSSION ABOUT DOCUMENTS NECESSARY FOR THE CITY ATTORNEY TO BEGIN FORECLOSURE OR SALE OF SPECIAL ASSESSM ENTS. 12-00227 City Attorney - Foreclosure or Sale Assess.pdf NO ACTION TAKEN DISCUSSION ITEM DISCUSSION ABOUT EXTENDING CODE ENFORCEMENT HOURS OF OPERATION. City of Miami Page 191 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 12-00230 Email - Extending Code Enforcement Hours Operation.pdf DISCUSSED Vice Chair Sarnoff All right, Mr. -- last one, Mr. Chair, if that's all right. Is he all right? No, he is -- there he is. Maybe it's not a subject to bring up. I'm going to bring it up anyways, and that is on code enforcement. And the reason I brought this up -- and this has nothing to do with where we may find ourselves today. We simply don't have a code enforcement office that operates 24/7. And I think everybody would agree with me today, with Brickell, with the 24-hour district, with Coconut Grove, with downtown, you have a 24-hour city. Now, all you have to do is look across the bay and across the bay you have Miami Beach. And Miami Beach actually puts more Code enforcement officers on on the night and weekends than it does during what we would call normal business hours. However, Mr. Manager, you very infrequently, if ever, have Code enforcement officers that are out beyond 7 o'clock at night and most of your problems occur at least in downtown, Coconut Grove -- Commissioner Gort: My district. Vice Chair Sarnoff -- Marry Brickell -- Commissioner Gort: In my district. Vice Chair Sarnoff -- in the evening hours. Commissioner Gort: On weekends. Chair Suarez: My district as well. Vice Chair Sarnoff And weekends. If was going to violate the laws of the City of Miami, I would simply do it at 5 o'clock. Commissioner Carollo: And -- Vice Chair Sarnoff. Go ahead. Commissioner Carollo: Commissioner Sarnoff, I think you hit the nail right on the head. I agree with you 100 percent. And I'll go as far as this, some of these things that you just put in the back burner, I spoke about this with our former City Manager, Carlos Migoya, and he agreed 100 percent and he wanted to do that. He wanted to implement the different hours. And I don't know how long it's been, but -- Commissioner Gort: See, you got (UNINTELLIGIBLE) department (UNINTELLIGIBLE). Johnny Martinez (City Manager): Commissioner. Commissioner Carollo: -- you know. Chair Suarez: Yes. Mr. Manager, go ahead. Mr. Martinez: No. I just wanted to say that we are going to look into code compliance versus code enforcement or a combination of both. We are going to look at prioritizing what we call code enforce first and we're also going to look at the hours to be out there when the violations are taking place. That's -- we're all -- we're going to be doing all that. Vice Chair Sarnoff Yeah, but -- City of Miami Page 192 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: And we're going to make adjustments by? Mr. Martinez: I can't tell you that right now. Chair Suarez: Thirty days, sixty days, ninety days? Mr. Martinez: Excuse me? Chair Suarez: Thirty days, sixty days, ninety -- Mr. Martinez: I don't know. Let me get back to you. Chair Suarez: Okay. Vice Chair Sarnoff Oh, this is not just to you but all of us. Mr. Martinez: And I have to see -- you know, I have to check civil service -- Chair Suarez: Gotcha. I gotcha. Mr. Martinez: -- rules and things like that. Chair Suarez: I gotcha. Mr. Martinez: But it is a top priority for us to look at how we code compliance/code enforcement. Chair Suarez: You're done, right, Commissioner? Vice Chair Sarnoff Is every Code enforcement officer a civil service employee? Chair Suarez: Yes. Vice Chair Sarnoff Yes. Do they have to be code en -- do they have to be civil service? Chair Suarez: Yes. I think it's in the code. I think it's in the Charter. Vice Chair Sarnoff. Yes? Chair Suarez: Yeah. Vice Chair Sarnoff. Yes? Okay. END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 CHAIRMAN FRANCIS SUAREZ City of Miami Page 193 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 D5.1 12-00131 NA.1 12-00309 END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES DISCUSSION ITEM DISCUSSION ON FY' 2012-2013 BUDGETING FOR SIGNATURE EVENTS. 12-00131 Email - Budgeting for Signature Events.pdf NO ACTION TAKEN RESOLUTION END OF DISTRICT 5 NON AGENDA ITEMS Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST FOR ATERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: NOMINATED BY: Jesse Diner AT -LARGE (Miami Association of Firefighters) 12-00309-Submittal-Letter-Miami Association of Firefighters.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-12-0108 Priscilla A. Thompson (City Clerk): And then it's my understanding, Chair, that you have a pocket item -- Chair Suarez: Yes. Ms. Thompson: -- that needs to be considered for the board appointments. Chair Suarez: Yes. The Association of Firefighters -- the Miami Association of Firefighters has asked me to present to the board -- as a member for the board of trustees of the City of Miami City of Miami Page 19-1 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Fire and Police Officers' Retirement Trust the name of Jesse Diner. Ms. Thompson: Actually, what they've given you is a list of six names as -- Chair Suarez: Yes. Vice Chair Sarnoff Move Jesse Diner. Chair Suarez: Thank you. Ms. Thompson: Thank you. Commissioner Carollo: Second. Chair Suarez: Motion by Vice Chair, second by Commissioner Carollo. All in favor, signifi7 by saying aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. NA.2 DISCUSSION ITEM 12-00280 COMMISSIONER CAROLLO DISCUSSED THE STATUS OF THE THE AUDITOR GENERAL HIRING PROCESS. DISCUSSED Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: Real quick, you mentioned a pocket item and I know it was with regards to a board appointment. Chair Suarez: Yes. Commissioner Carollo: I have a quick pocket item. I don't know if it's the appropriate time to do it now or at the end of the meeting. It should be quick. It should be no more than two minutes. But it's something that I want to put on the record -- Chair Suarez: Sure. Commissioner Carollo: -- for the benefit of the all. Chair Suarez: Go ahead. Commissioner Carollo: It's regarding the -- an update on the auditor general clauses. Chair Suarez: Right. Commissioner Carollo: As you all know that -- you know, I stated that, and we all agree to restart the process and it would go quick, and I envision that we would have 30 days of all the applicant be able to apply; that has occurred. We are on schedule. As a matter of fact, the selection committee met yesterday and they chose the top five candidates. They will meet again City of Miami Page 195 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 NA.3 12-00265 Department of Information Technology on Monday. And from those top five candidates, they're going to do interviews and then, hopefully, there's a consensus of top three candidates, which then, you know, it will be for us to start interviewing those top three candidates, and they should come before us at the next Commission meeting for us to, you know, ask any questions and make a decision. So I wanted to just let everybody know that the process is moving along. We're on schedule. I'd like to thank Ms. Pruitt and the Manager, the whole management team. At the same time, I implore all of my colleagues, please make time, sometime after Monday, you know, before the next Commission meeting, and interview all three candidates and maybe, you know, interview them or at least have some type of communication with them so, you know, we could, you know, fulfill this process and for next Commission meeting hopefully have our new auditor general. Thank you. Commissioner Spence -Jones: Thank you, Commissioner Carollo. Want to also thank -- did you hear that thank you? Just want to make sure you heard it. Chair Suarez: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDING, THAT IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTION 18-90 AND 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA; APPROVING THE USE OF COMPETITIVE NEGOTIATIONS, FOR THE PURPOSES OF NEGOTIATING AN AGREEMENT TO ESTABLISH, OPERATE AND ADMINISTER THE DOT MIAMI TOP-LEVEL DOMAIN, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN ACCORDANCE WITH THE ATTACHED TERM SHEET AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MINDS AND MACHINES, LLC, FOR AN INITIAL FIVE (5) YEAR TERM, WITH TWO (2) FIVE-YEAR OPTIONS TO RENEW, AS STATED HEREIN. 12-00265-Email-Correspondence. pdf 12-00265-Agenda Item Summary Form.pdf 12-00265-Legislation. pdf 12-00265-Exhibit A. pdf 12-00265-Exhibit B.pdf 12-00265-Exhibit C.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-12-0089 Chair Suarez: I also have a pocket item that the Administration has asked me to bring to the attention of the board. It's a resolution of the bidding process for the Dot Miami service that was an expedited process, and I don't know if the Administration or someone from IT (Information Technology) would like to -- or Ken would like to talk about it. City of Miami Page 196 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Commissioner Spence -Jones: Before we get into the details of that -- Chair Suarez: Yep. Commissioner Spence -Jones: -- I just -- was there anything else we need to cover 'cause I really do have to run? Chair Suarez: I don't think there's anything that requires a super majority. Commissioner Spence -Jones: Is there anything -- any -- I know you wanted -- I will -- I know I had a pocket item to give you an update on the visit -- Commissioner Gort: Your visit Commissioner Spence -Jones: -- trip to DC (District of Columbia), but I'll just do that at the next Commission meeting, if you don't mind? Chair Suarez: And there's a discussion item that you have, so we'll just -- Commissioner Spence -Jones: That was the only -- yeah, yeah. Chair Suarez: Okay. Commissioner Spence -Jones: The other one we -- I took off. Chair Suarez: Okay. Commissioner Spence -Jones: It's not important now. Chair Suarez: And then there's election cycle. Commissioner Spence -Jones: Can we deal with that later? Chair Suarez: Yeah. Commissioner Spence -Jones: 'Cause I wanted to be a part of the discussion. Chair Suarez: That's fine. Commissioner Carollo: Defer that? Commissioner Spence -Jones: I've already been briefed by Ms. Torres. I'm very happy with it. I want to thank us -- everyone for pushing an RFP (Request for Proposals) process, and I'm happy to know that we went from 25 percent to 50 percent, so I'm extremely excited about -- that's why I think an RFP process is important, so I want to acknowledge Ms. Torres and Procurement for making that happen. I'm sorry I'm not able to stay for the whole meeting, butt wanted to at least make sure that you knew that I supported it. Chair Suarez: Thank you. Commissioner Spence -Jones: Okay. Chair Suarez: Oh, but we need to take a vote 'cause we need four -fifth. Commissioner Spence -Jones: You need to vote? City of Miami Page 197 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Julie O. Bru (City Attorney): Yeah, this requires a four -fifth vote -- Chair Suarez: Yeah. Ms. Bru: -- 'cause it did waive competitive bidding. Chair Suarez: Is there a motion? Commissioner Spence -Jones: It did -- wait, wait, wait. (UNINTELLIGIBLE). Let me be clear. It waived what now? Commissioner Carollo: (UNINTELLIGIBLE). Commissioner Spence -Jones: Wait a minute, okay? Ms. Bru: There was a waiver of formal competitive bidding, and your Purchasing director can explain how -- Commissioner Spence -Jones: Okay, explain. Ms. Bru: -- what competitive bidding was done. Kenneth Robertson: Good afternoon. Kenneth Robertson, Purchasing director. After the January 26 Commission meeting, we were instructed to issue an expedited RFP process. We did so under Section 18-86B of the procurement code, which is our informal competitive negotiations process. Commissioner Spence -Jones: Informal competitive -- Mr. Robertson: Informal. Commissioner Spence -Jones: -- negotiation process. Mr. Robertson: So we used an informal procurement process for a contract that has a dollar value greater than what we would normally use that code section for. If it -- a contractor's greater than $50,000, that's when competitive sealed proposals are required. But because of the 30-day expedited time frame, that was not possible. We issued an informal RFP. We sent it to 254 companies. Two hundred and five of those are ICANN (Internet Corporation for Assigned Names and Numbers) accredited registrars, and we received one proposal on Friday, March 2. Commissioner Spence -Jones: Okay. All right, so there was a pro -- 'cause I just -- it just sounded like -- Mr. Robertson: Correct. We issued a -- Commissioner Spence -Jones: What's the -- please make sure that I understand the difference between the two, Madam City Attorney. Ms. Bru: Your Purchasing director has explained it. One is a formal competitive sealed bid process and the other one is the informal, which he explained what measures he took to try to solicit competition. Commissioner Spence -Jones: Okay. City of Miami Page 198 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Alice Bravo (Assistant City Manager/Chief of Infrastructure): And ifI may, Commissioner, Gort first brought this whole issue to our attention late last year and at that point there was a deadline and we were fortunate that that deadline was moved out and we did have time to at least do this informal process. Commissioner Spence -Jones: Okay. All right, no problem. I just want to make sure we don't see a lot of these informal processes. Mr. Robertson: Correct. We only moved forward in that method at the expressed direction of the Commission to have it be expedited. A formal competitive RFP process cannot be completed in 30 days. Commissioner Spence -Jones: Okay. Commissioner Gort: It takes forever. Commissioner Spence -Jones: No problem. I got you. I support it. And I commend your leadership on getting it done so at least it's a clean, transparent process. Mr. Robertson: Yes. Commissioner Spence -Jones: Okay, but -- Commissioner Gort: And Mr. Chairman, (UNINTELLIGIBLE). Commissioner Spence -Jones: -- we just don't want to see too many of them. Chair Suarez: Thank you. Commissioner Gort: My understanding is you sent information out to 250 firms. Mr. Robertson: Correct. Commissioner Gort: Out of 250, only one answered. Mr. Robertson: One submitted a formal proposal. Two companies actually reached out to us aggressively during the process. One company actually formally requested an extension to the proposal deadline by one day with every intention to submit; they did not submit. Commissioner Gort: Okay. Chair Suarez: Okay. Is there a motion? Commissioner Gort: Move it. Chair Suarez: Motion by -- Commissioner Spence -Jones: Second. Chair Suarez: -- Commissioner Gort, second by Commissioner Spence -Jones. All in favor -- discussion. Vice Chair Sarnoff I do. Chair Suarez: Yes. City of Miami Page 199 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Vice Chair Sarnoff 'Cause I'm going to vote for this, but I'm going to put some things on the record. Chair Suarez: Sure. Vice Chair Sarnoff This has the potential and will have a huge financial impact to the City of Miami. How it is this Administration -- and I ordinarily do not criticize the Administration in public -- but how this Administration didn't know about this or did not do something with regard to this is beyond the pale of wisdom. I understand that they contacted two Commissioners back in the fall. I know that Commissioner Gort, I believe, is the one that gave them to them as quickly as he could, but think about what we're about to do. We're about to probably receive about $5 million a year annually, 23, $25 million over a five-year term of this. Chair Suarez: I know. Vice Chair Sarnoff. And, yet, you ask yourself what if the City did this all on its own. We could have doubled that amount. We could have made those determinations. This is just something that I, you know, just don't think we did the job that we should have done; yet, we find ourselves between a rock and a hard place because -- Chair Suarez: I couldn't agree with you more. Vice Chair Sarnoff And I just want -- Chair Suarez: I couldn't agree with you more. Vice Chair Sarnoff -- to put that on the record. Chair Suarez: Yeah, I know. Vice Chair Sarnoff. You know -- Chair Suarez: I'm glad you did actually. I was going to do it, but I'm glad you did. It's a process that was extremely flawed and, you know, I think there's actually people here that today in the audience that were upset 'cause they didn't have a chance to participate in the process. So you know, it's something that -- and as Commissioner Spence -Jones said you know, it's -- we cannot -- we're already cutting a corner by doing an expedited process. It has to be done to ensure the maximum amount of notification and the maximum amount of respondents. Go ahead, sir. Vice Chair Sarnoff And the only reason I bring this up is you think to yourself, all right, Miami Dot Com, $25 million to the City over the next five years. What else is out there like this that we're not seeing? What other revenue sources are out there that we're not being -- proactively thinking about this. I know your office had -- I know -- Chair Suarez: And by the way, it's not a tax. It's nothing like that. So it's not a fee increase. It's nothing that has to do with anything that is imposing something on our residents . It's simply an idea that's going to be paid for by another company. They're going to take all the risks. We're just going to get part of the reward and hopefully it's a $25 million, you know, gross for us. Vice Chair Sarnoff It's a minimum of 250,000 a year. Chair Suarez: That's right. City of Miami Page 200 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Vice Chair Sarnoff A minimum right off the bat. But it probably is about -- candidly, we looked as this as best we could. Probably on our worst day, we'll do $4.7 million on our worst day. On our best day, we could be closer to $10 million annually. And I just -- I can't believe the process that we're going through to do this, and I'm not faulting Procurement 'cause I don't think it's their -- their job is to maybe not be the think tank, but it --maybe it shows a flaw in the Administration. Maybe it shows that we're not thinking about what is the best -- what is every city in America doing? What is London doing? What is San Francisco doing? What is -- what every source of revenue are they bringing in? Oh, my God they have San Francisco Dot Com or they have London Dot Com. I just -- I think it's something, Ms. Bravo, that you need to look at the best practices of every city, not so much for how they deal with things, but what is the best practice of every city to bring in revenue. In other words, how does San Francisco bring in revenue? How does New York City bring in revenue? How does London, England, bring in revenue? Chair Suarez: Thank you. Vice Chair Sarnoff I'm going to vote for this, but -- Chair Suarez: No, no, no. I -- Vice Chair Sarnoff -- I'm going to vote for only 'cause I'm between a rock and a hard place. Chair Suarez: No. I feel the same way. I feel the exact same way. Huh? Commissioner Gort: Four -fifth. Chair Suarez: No, I understand. We don't have a fourth vote so -- Vice Chair Sarnoff So we're going to blow this. Chair Suarez: Wouldn't surprise me. Wouldn't be the first time. Ms. Bru: (UNINTELLIGIBLE). Chair Suarez: I'm sorry? Ms. Thompson: We can't -- Vice Chair Sarnoff Commissioner Carollo back there? Chair Suarez: Yeah, we can table it. Ms. Thompson: No. We can -- Chair Suarez: We can table it. Ms. Thompson: -- we still have RE.5 -- Chair Suarez: Here's my question to you, and this has to do with the people who are here who were -- who felt that they did not get an opportunity to bid on this process. Is it appropriate for them to speak or do they have to go through a formal bidding protest process? What's your opinion on that? Mr. Robertson: I have no objections to them speaking. That company did not contact my office at all during the months of January or February and they're not a registered supplier with the City of Miami Page 201 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 City of Miami so we would not have picked up their information. Chair Suarez: Yeah. Mr. Robertson: We were also looking for registrars that are accredited through ICANN. Since the City's application is being submitted to ICANN, it makes sense that our registrar would be accredited by and through them. Chair Suarez: Gotcha. So you -- how much time do you guys need? Two minutes, go ahead. Jose Rasco: Jose Rasco, 822 Sistina Avenue, Coral Gables. Commissioners, thank you for seeing us. Really, I'm glad you mentioned it, Vice Chairman. Really, this -- I imagine this ship has probably sailed, but we're a local company. We happen to operate the registry for the country of Columbia and we weren't notified of the process properly and so, you know, you have a local company that's adequately qualified to do something like this and keep jobs locally and run this locally and it just went right past us. Chair Suarez: My understanding is you also -- you did reach out 'cause -- I don't think you reached out to Purchasing but you did reach out to IT, correct? Mr. Rasco: Correct, correct. In the month of February, we reached out to the IT Department under the understanding that they were running this process and, unfortunately, there was just a lack of communication there. And -- Chair Suarez: They didn't respond is what you're saying. Mr. Rasco: Correct. Chair Suarez: Okay Mr. Rasco: And as far as the two hundred or so firms that they reached out to, yes, they are accredited registrars, but unfortunately, you're looking for a registry operator, not a registrar, and there's some technical differences in that. And I happen to know the firm that did submit and they're perfectly qualified to do this. They're good people and I know them well, and so you can't go wrong, but it's very unfortunate. And I think the process was definitely flawed in that we didn't get the opportunity -- Chair Suarez: And I think at the end of the day what we wanted here was to ensure the maximum amount of competition so that the City got the best deal possible. Let everybody go at it and whoever wins, wins and that's it, you know. So I appreciate you coming and expressing your concerns. I'm not sure that there's anything that can be done at this point because of the -- Mr. Rasco: Right. Chair Suarez: -- time deadlines, but thank you. And that's something that we're going to have to deal with. Believe me, I'm not going to let it slide. Mr. Rasco: Thank you. Vice Chair Sarnoff Thank you for coming. Chair Suarez: Is there a motion? Ms. Thompson: Are you --? I'm sorry. You had a motion and a second. We were waiting for the vote. City of Miami Page 202 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Chair Suarez: All in favor, signifir by saying liye. " Commissioner Carollo: No. Mr. Chairman, Mr. Chairman. Chair Suarez: I'm sorry. My apologies. Commissioner Carollo: You know, I couldn't agree with my colleagues more. I mean, just the way this all occurred, I just, you know -- just not right and you know, not to mention this has to come up in a pocket item, you know. Look at the material we got. This was part of why I wanted to go five-day rule. I understand that if we don't vote on this now, that we actually lose the opportunity of doing this at least for this year. Am I correct? Can someone -- Cindy Torres: Cynthia Torres, IT director. It's actually for five years. Commissioner Carollo: So we lose this for five years. Ms. Torres: Correct, or untill can provide an open window. Chair Suarez: It's distasteful, but I mean -- but I think this is the only opportunity we have and that's -- and listen, I think -- Commissioner Carollo: You know, and this was the purpose. Commissioner Gort: I agree -- Chair Suarez: Yeah. Commissioner Gort: -- I agree. Chair Suarez: And I -- yeah. Commissioner Gort: -- (UNINTELLIGIBLE) stated here be -- Chair Suarez: Yeah. We need to deal with this. Commissioner Gort: We (UNINTELLIGIBLE) this a year and a half ago. Chair Suarez: This has to be dealt with. We're going to have to deal with it. But at this point, it doesn't seem like we have much of an option. Yes. Nicolai Bersonoff. I just want (UNINTELLIGIBLE). Chair Suarez: Yes. Please -- and put your name on the record. Vice Chair Sarnoff. When you go up there, state your name. Mr. Bersonoff Sorry. Nicolai Bersonoff. I'm a colleague of Jose Rasco. We work with .CO Internet, which is the operator of the registry for the country of Columbia where -- Miami -based company. Just want to correct you. It's actually not a five-year. There a second batch of applications that can be done either later in the year or early next year for this, so there is still time to do this. Thank you. Ms. Torres: Okay. City of Miami Page 203 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 Antony van Couvering: May I speak? Chair Suarez: Yes, please. Mr. Couvering: Yes. My name is Antony van Couvering. I'm from Minds and Machines. I believe we were the only submission since we did submit. I want to make a few comments. The first is that I understand the discomfort that people are feeling here. We brought this to the attention of the City of Miami sometime ago and we have been -- we thought it was a great idea Vice Chair Sarnoff. Wait, wait, wait. Stay -- stop right there. I apologize. Is that okay? Whose attention did you bring it to? Mr. Couvering: I -- pardon me, I -- Vice Chair Sarnoff Person, person, person. Mr. Couvering: Person. Vice Chair Sarnoff. I don't want to know the department. I want to know the person. Mr. Couvering: I believe that I met with Chairman Suarez -- Chair Suarez: Yep. Mr. Couvering: -- sometime last year. Chair Suarez: Yep. Mr. Couvering: It might have been October, November. I'm not exactly -- Chair Suarez: And I put you in immediate contact with the Administration, correct? Mr. Couvering: Yes. Chair Suarez: All right. Commissioner Gort: I received it even before him that I don't know if it was the same party, a different party, and I sent it up also about a year and a half ago. Mr. Couvering: I think it was a part of our group. Chair Suarez: Yeah. Mr. Couvering: Part of our group. Commissioner Gort: Same group. Vice Chair Sarnoff Sorry. Go ahead. Mr. Couvering: So we, you know, were not aware of any issues in the procurement process or anything like that so, naturally, we just followed the proceedings. So I would like to emphasize that in our view, we don't own anything. We believe this belongs to the City of Miami. We act as a steward. We believe that this is great for the City and that it will attract a lot of attention. It will attract a lot of registrations. It will be great for eGovernment. It will be great for the citizens. So it's in that spirit that we want to do this. I believe that the issue around the contract City of Miami Page 204 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 term, ICANN has a 10-year contract term, the City of Miami has a 5-year contract term, so we would, upon your support, be applying for this to ICANN. It would be a 10-year term. However, you should be aware that the City has a great deal of power in this arrangement with ICANN. There -- a great deal of power is reserved to the governments who are sponsoring people and, basically, if you don't like us, you can get rid of us and we're okay with that. So you know, I do urge you to go forward with this because there's very little time to apply and the application process is extensive and complicated and so on. But I want to give you our assurances that we intend to, if chosen, work with the City very closely, particularly matters of policy, what names are reserved, what -- those sorts of things, and that is in our proposal. Vice Chair Sarnoff. Where are you guys located? Mr. Couvering: We are in Santa Monica, California, but we have local partners here in Miami who are long-time Miamians, and we would seek to establish a staff here and work with local businesses in terms of promotion, marketing especially. Chair Suarez: Thank you. Mr. Couvering: Thank you. Chair Suarez: It's been moved and seconded, I believe. Is that correct? Okay. Again -- I mean, I don't want to beat a dead horse -- this process was flawed and we need to make sure that, you know, things do not happen in this fashion. It's just -- it's not going to work and it's going to create -- and this was -- this kind of goes back to what we were dealing with with the Marine Stadium. When the process is flawed, it makes the substance of what you're doing, you know, distasteful and that's the problem, you know. So anyhow, it's been moved and seconded. All in favor, signifir by saying Eye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously, 4-0. NA.4 DISCUSSION ITEM 12-00282 NOTIFICATION OF THE 2012 CIVIL SERVICE BOARD ELECTION RESULTS. DISCUSSED Commissioner Carollo: Meeting adjourned? Chair Suarez: Yeah. Commissioner Gort: Move to adjourn. Johnny Martinez (City Manager): No, no. I have a pocket item. Chair Suarez: Oh my apologies. Go ahead -- Mr. Martinez: I have a pocket item -- Chair Suarez: -- Mr. Manager. Mr. Martinez: -- on behalf of the City Clerk regarding the results of the City of Miami Civil Service Board Employees Elections that was held on Thursday, March 1, and Friday, March 2. City of Miami Page 205 Printed on 4/6/2012 City Commission Meeting Minutes March 8, 2012 ADJOURNMENT Priscilla. Chair Suarez: Is there a motion on this? Priscilla A. Thompson (City Clerk): No. There -- no. Just a notification letting you know that as required, we've gone through the first phase and you have will a runoff election coming up next week Thursday and Friday. Just notification. Chair Suarez: Call Commissioner Sarnoff he already sent funds for that. Ms. Thompson: Thank you. Commissioner Gort: Thank you all. Meeting adjourned at 6:35 p.m. City of Miami Page 206 Printed on 4/6/2012