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HomeMy WebLinkAboutCC 2012-05-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com • -sash. 1°�r • IN O9P I9 1i: Meeting Minutes Thursday, May 10, 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 May 10, 2012 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM -APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PA - PERSONAL APPEARANCE PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City ofMiami Page 2 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gort, Commissioner Carollo, Chair Suarez and Commissioner Spence -Jones Absent: Vice Chair Sarnoff On the loth day of May 2012, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Suarez at 9:00 a.m., recessed at 10: 31 a.m, reconvened at 10: 45 a.m, recessed at 11:12 a.m., 2: 00 p.m., recessed at 2: 37 p.m., reconvened at 3: 00 p.m., recessed at 6: 41 p.m., reconvened at 6: 45 p.m., and adjourned at 6: 46 p.m. Note for the Record: Commissioner Spence -Jones and Commissioner Gort entered the Commission chambers at 9: 01 a.m. and Commissioner Carollo entered the Commission chambers at 9: 03 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Todd Hannon, Assistant City Clerk Chair Suarez: We will now proceed with the -- I will ask Commissioner Spence -Jones if she can give the invocation, the -- andl will ask Commissioner Gort if he can lead us in the pledge of allegiance. Commissioner Spence -Jones. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 12-00517 PRESENTATION Honoree Presenter Protocol Item National Tourism Week Mayor Regalado Proclamation May 5 - May 13 w/William Talbert, GMCVB, On Travel & Tourism Industry 12-00517 Protocol Item.pdf PRESENTED 1. Mayor Regalado presented a proclamation to the Greater Miami Convention & Visitors Bureau in recognition of National Travel and Tourism Week and thanked William Talbert, President and CEO of the Greater Miami Convention and Visitors Bureau, for his leadership and efforts in this industry. Chair Suarez: Okay, we will now make the presentations and proclamations. I think we only have one today by the Mayor. Mayor, you're recognized. Presentations made. City ofMiami Page 3 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff MAYORAL VETOES ORDER OF THE DAY Chair Suarez: We will now proceed with the approval of the minutes from the regular meeting of April 12, 2012. Is there a motion? Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner Spence -Jones. Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Suarez: Mr. Clerk, are there any mayoral vetoes? Todd Hannon (Assistant City Clerk): Chair, there are no mayoral vetoes. Chair Suarez: Thank you. Chair Suarez: (INAUDIBLE) thank you so much for being here. We will begin the meeting -- well, we have begun the meeting, but we will begin taking up some items shortly, as soon as we have a quorum. Welcome to the May 10, 2012 meeting of the City ofMiami Commission in these historic chambers. The members of the City Commission are Marc David Sarnoff, the Vice Chair, Frank Carollo, W fredo Willy'Gort, Michelle Spence -Jones, 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. Well, Todd. I'm sorry; it's Todd, the City Clerk today. Todd, let me ask you a question. Can the City Attorney read her statement? Can we skip to that and skip over the invocation and the presentations and proclamations until we have a quorum and have her read the statement so we can move ahead. Todd Hannon (Assistant City Clerk): Yes, sir, as long as we don't take any official actions on resolutions or ordinances, that's fine, sir. Chair Suarez: Thank you. Madam Attorney, if you could read the official statement. Julie O. Bru (City Attorney): Good morning, Mr. Chair -- Chair Suarez: Good morning. Ms. Bru: -- members of the public, Mr. City Clerk, Manager, Chief of Police. Any person City ofMiami Page 4 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 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 www.miamigov.com. Anyone wishing to appeal a decision made by the Commission for any matter considered here today may need a verbatim record of the item. Please, no cell phones or other noise -making devices. Silence them now. Any person who makes unruly remarks will be barred from further attending Commission meetings. If there's anybody with a disability that requires auxiliary aids, please contact the City Clerk. And the lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon, unless the Chairman indicates otherwise. Thank you very much. Chair Suarez: Thank you, Madam Attorney. [Later...] Chair Suarez: We will proceed with the order of the day. Does any Commissioner wish to continue, defer, or withdraw any items from the regular agenda or the consent agenda? Hearing none, does the Administration wish to continue, defer, or withdraw any item from the regular agenda? I'm sorry -- Commissioner Carollo: Yes, Mr. Chairman. I'm sorry. I do -- Chair Suarez: Sure. Commissioner Carollo: -- want to table RE.8 till the afternoon. Chair Suarez: RE.8. Commissioner Carollo: Yeah, just table it so I -- gives me a little bit more time to review it with Danny. Chair Suarez: No problem. Commissioner Carollo: Okay. Chair Suarez: RE.8's tabled till the afternoon. And I'm actually going to defer D4.1, which is my discussion item, because the district Commissioner's not here, so I'll be deferring D4.1 until the next Commission meeting. Johnny Martinez (City Manager): Mr. Chair. Chair Suarez: Yes. Mr. Martinez: The Administration has items to defer. Chair Suarez: Please, if you can read out the list. Mr. Martinez: SR.1, defer to May 24. RE.1, RE.2, and RE. 3, defer to May 24. Chair Suarez: Yes. Commissioner Spence -Jones: Can you go back --? Mr. Martinez: SR.1 -- City of Miami Page 5 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chair Suarez: SR.1, RE.1 -- Commissioner Spence -Jones: SR.1 -- Chair Suarez: -- RE.2, RE.3. Mr. Martinez: Yes. Commissioner Gort: S -- Chair Suarez: R.1 -- SR.1, RE.1, RE.2, and RE. 3. Mr. Martinez: RE. 7, defer to May 24. RE.9, defer to May 24. Chair Suarez: Yes. Mr. Martinez: RE.13, defer to May 24. Chair Suarez: RE.12, I believe, is also -- I have it on my list. Mr. Martinez: City Attorney. Chair Suarez: Okay, I'm sorry. Madam City Attorney, you want to include RE.12 in there was well? Ms. Bru: Yes. Chair Suarez: Okay. Is there a motion to defer those items? Commissioner Spence -Jones: So moved. Chair Suarez: Moved by -- Commissioner Carollo: Second. Chair Suarez: -- by Commissioner Spence -Jones. Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. All in favor, signift by saying aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. [Later..] Chair Suarez: Ladies and gentlemen, we have -- we're nearing a quorum already. You see, this is what I love about this body. I just came from Washington where there's 435 legislators, congressmen, and 100 senators; can't get a quorum so easily. So all we need is one more person, then we'll have a quorum to start. There is one thing missing from the plasma, Mr. -- SR (Second reading) -- I believe one of the SRs is missing. City of Miami Page 6 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Mr. Hannon: SR.2. Chair Suarez: Yeah. Good catch, huh? There we go. So we're missing an SR -- City of Miami Page 7 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 CONSENT AGENDA CA.1 RESOLUTION 12-00376 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, PURSUANT TO CHAPTER 18, SECTION 18-86 (3)(D) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH MORPHOTRAK, INC., FOR THE AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM AND OMNITRAK SYSTEMS, FOR THE DEPARTMENT OF POLICE, FOR A ONE-YEAR PERIOD, COMMENCING JUNE 1, 2012 THROUGH MAY 31, 2013, FORA TOTAL CONTRACT AMOUNT NOT TO EXCEED $27,342; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE ACCOUNT NO. 00001.191001.546000.0000.00000, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 12-00376 Summary Form.pdf 12-00376 Pre-Legislations.pdf 12-00376 Funds Available Inquiry.pdf 12-00376 Legislation.pdf 12-00376 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0184 CA.2 RESOLUTION 12-00377 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Purchasing RECEIVED FEBRUARY 1, 2012, PURSUANT TO INVITATION FOR BID NO. 287258, FROM C&W LAWN CARE, INC. (PRIMARY), WIS'S ENGINEERING LLC (SECONDARY) AND MCT SERVICES LLC (TERTIARY), THE THREE (3) LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE PROVISION OF LOT CLEARING SERVICES CITYWIDE, ON AN AS -NEEDED BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 12-00377 Summary Form.pdf 12-00377 Tabulation of Bids.pdf 12-00377Addendum No. 1.pdf 12-00377 Invitation for Bid - Lot Clearing.pdf 12-00377 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. City of Miami Page 8 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0185 Chair Suarez: Commissioner Carollo, you're recognized on CA.3. Commissioner Carollo: Thankyou. Andl want to just touch upon CA.2. I voted for it. However, I requested for a list of the lots that had been cleared in the previous years and have not received that from the Administration. I mean, it's $20, 000 a year, but still -- andl voted for it, but still, I have not received that list, so I want to see when I will be receiving that list. Chair Suarez: Can someone from the Administration put on the record when Commissioner Carollo will be receiving the list that he's requested multiple times? Johnny Martinez (City Manager): We have a list. I apologize for not getting it to you earlier. I can give it to you now. Commissioner Carollo: Okay. If you could give it to me after -- you know, at the break. Mr. Martinez: Okay, perfect. Thankyou. Commissioner Carollo: Thank you. Chair Suarez: Great. CA.3 RESOLUTION 12-00378 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED MARCH 7, 2012, PURSUANT TO INVITATION FOR BID NO. 291259, FROM A+ MINI STORAGE AIRPORT EAST, LLC, THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR SELF STORAGE FACILITIES, ON AN AS -NEEDED BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 12-00378 Summary Form.pdf 12-00378 Award Recommendation Form.pdf 12-00378 Tabulation of Bids.pdf 12-00378 Detail By Entity Name.pdf 12-00378Addendum No. 2.pdf 12-00378Addendum No. 1.pdf 12-00378 Invitation for Bids - Self Storage.pdf 12-00378 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, 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-12-0187 City of Miami Page 9 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chair Suarez: Okay, CA.3. Commissioner Carollo: CA.3, give me a second. It is with regards to storage. I don't know if someone's going to make a presentation on it or do I just go on with my questions? Manuel Orosa: Good morning, Commissioner. Manny Orosa, Chief of Police. The -- CA.3 is basically the storage place we use to keep and house our -- some of our police records, such as all our homicide files and stuff like that that have to be air conditioning. The good thing about it is that within the next couple of months, we're not going to need it anymore because we took over the David Herring Center that was abandoned and we have converted the David Herring Center into a storage facility for the Police. So basically, we are going to be saving all this money, which last year was over, I think, $60, 000, and that'll be regular savings moving forward while we keep the building. I know the City tried to sell the David Herring Center and they didn't get much of an offer for it, and a lot of people want basically to get it for free. So by us retaining possession of the building and converting it into storage, we're going to save about 60,000 a year. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: Question, Chief. What type of materials are you going to be storing? Chief Orosa: Files. Commissioner Carollo: And that's what I thought. Let me ask you something. How come we're not going paperless? Chief Orosa: Well, we're trying to do everything we can to go paperless, but there are certain files by state law that we have to keep paper, especially homicide files we got to keep for basically ever. It's like 99 years. Anything involving DNA (Deoxyribonucleic Acid) we have to keep for 99 years; records involving convictions, we have to keep -- I think it's like 20 years after the person was convicted. So even though we're trying to go paperless, there's still some files that we have to keep. Commissioner Carollo: Right. But even some of those that -- and obviously, DNA is different. But some of those file that you have to keep, let's say, for 20 years, can't they be scanned and maintain a copy of it? Chief Orosa: Yes. And, Commissioner, we've gone from having -- in the last couple of years when I was in charge of investigations, we had 20 -- I believe it was 22 bins in Double A Storage and that has been dwindled down to I believe 12 or something like that, and then from there we're going to be zero when we go to David Herring. Commissioner Carollo: Right. Chief Orosa: And -- Commissioner Carollo: But even David Herring, we're taking up space. Chief Orosa: Yeah, but we're going to continue the process of getting rid of all these files and basically scanning as much as we can. Commissioner Carollo: Okay. City of Miami Page 10 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chief Orosa: And moving forward, since we have -- more than 60 percent of our reports are what we call FBR, Field Based Reporting, a lot of those reports will go -- will be automated from the actual officer's police car and therefore, we will need -- we will no longer need that storage space. So moving forward into the future, you're right, we can get paperless 100 percent, minus what the State required us to keep. Commissioner Gort: Mr. Chairman. Commissioner Carollo: Okay. Chief Orosa: Okay. Chair Suarez: Yes, Commissioner Gort. You're recognized. Commissioner Gort: Chief let me ask you a question. Last week-- two weeks ago we approve a contract with the City Clerk for $50, 000 a year for storage. Do you believe you can have enough room to maybe use some of the space for the City Clerk's office? That'll be an additional 50 years -- 50,000 that we could save. Chief Orosa: To put some of the City Clerk's documents -- Commissioner Gort: Right. Chief Orosa: -- into the David Herring Center? Commissioner Gort: I don't know -- I asked them to check with them and see how much space they needed, and if it's all right for them to work with you, see if we can come up with the -- Chief Orosa: We will -- I'll be more than happy to look into it with the Clerk's office. Commissioner Gort: 'Cause you'll be -- that'll make it close to $90, 000 savings. Chief Orosa: If we got room, you know, we'll -- the more, the merrier. Commissioner Gort: Right. Chief Orosa: Put it that way. Commissioner Gort: Thank you, Chief. Chair Suarez: Commissioner, and I'm kind of actually going in that direction, which is to say that we need to get all the Clerk's files online as well and have them scanned for two reasons. The first is transparency; makes it very, very easy for people to access documents. We can put them all -- we can make -- just make them all publicly available and then people can pull the documents themselves and there's -- it would pretty much obviate the need for a public records request, but you know -- And then the second part obviously is saving storage savings. I mean, to put it on a server somewhere is much, much less expensive. It's just a PDF (Portable Document Format). It's not that complicated. Chief Orosa: In Police, even though we can basically get it all automated and basically go paperless, the actual issue of putting it out there -- Chair Suarez: Oh, no, no. It's totally different. City ofMiami Page 11 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chief Orosa: -- we can't. Chair Suarez: Yeah, I know. Chief Orosa: Right. Chair Suarez: I understand. I'm talking about the Clerk's -- Chief Orosa: Yes. Chair Suarez: -- records. Chief Orosa: Okay. Chair Suarez: The ones that are for public, you know, perusal. Chief Orosa: Yes, sir. Chair Suarez: You know, it increases transparency. Anyhow -- Chief Orosa: But we will take a look at -- after we finish moving everything, what space we have, and we'll be more than happy to contact the Clerk's office and help out. Chair Suarez: Thank you. Commissioner Gort: Thank you. Chair Suarez: Is there a motion on CA.3? Commissioner Carollo: Move it. Commissioner Spence -Jones: Second. Chair Suarez: Moved by Commissioner Carollo, second by Commissioner Spence -Jones. All in favor, signifi, by saying iiye. " The Commission (Collectively): Aye. CA.4 RESOLUTION 12-00470 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY Attorney CONFLICT OF INTEREST THE LAW FIRM OF COLE, SCOTT & KISSANE, P.A. MAY HAVE, IF ANY, TO ENABLE IT TO REPRESENT C. VARGAS AND ASSOCIATES, LIMITED, INC., AND CLARK VARGAS, IN PROCEEDINGS FILED BY YOLANDA JONES, ROBERT MARANAAND FRANCISCO LIRUNZO, IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, CASE NO.: 12-12623 CA 11. 12-00470 Memo - Office of the City Attorney. pdf 12-00470 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. City of Miami Page 12 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0186 Adopted the Consent Agenda PA.1 12-00379 Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff END OF CONSENT AGENDA Chair Suarez: So is there a motion on the CAs (Consent Agenda)? Commissioner Spence -Jones: So moved. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: I'd like to pull CA.3. Chair Suarez: Okay. Is there a motion on the remaining CAs? Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Gort. Second by Commissioner Spence -Jones. All in favor, signift by saying iiye. " The Commission (Collectively): Aye. PERSONAL APPEARANCE PRESENTATION MR. WILLIAM TALBERT, PRESIDENT & CEO OF THE GREATER MIAMI CONVENTION & VISITORS BUREAU TO ADDRESS THE CITY COMMISSION REGARDING THE STATE OF TRAVEL AND TOURISM INDUSTRY. 12-00379 Email - State Travel Tourism Industry.pdf 12-00379-Submittal-Presentation-Greater Miami Visitors Bureau.pdf PRESENTED Chair Suarez: We'll now recognize Mr. Talbert, who's going to do a brief presentation. William Talbert: Just quickly for the City residents, andl am a proud City ofMiami resident and tax payer. Our corporate headquarters are at 701 Brickell, in the City ofMiami, the USA (United States of America). Andl think we all want to celebrate the fact that the Volvo Ocean Race, the around -the -world race has arrived in the City ofMiami; Team PUMA, from the United States of America, leading. Its right -- I think they cheered the Miami Heat in their victory against the New York -- what are --? The New York folks. City ofMiami Page 13 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioner Gort: New York Nicks. Mr. Talbert: Now on to Indy (Indianapolis). But just briefly -- just for the record, travel and tourism in 2011 set 12 records: number of overnight visitors, number of international visitors, number of domestic visitors, airport arrivals, convention development tax; visitors spent $20.7 billion last year, up double digits. We were number four in revenue per available room in the country. Rooms sold was a record and employment was a record in this community. We want to spend a couple of minutes on a new initiative that is a partnership between the Greater Miami Convention and Visitors' Bureau, the City ofMiami, led by your designee from the City to the Greater Miami Convention and Visitor Bureau Board, Michelle Spence -Jones. Michelle, thank you for your leadership and your passion for the City, for the industry, and for the Bureau. And Carol Ann Taylor, the chair of our Heritage Tourism Committee and the newly elected chair of the Black Hospitality Initiative of Greater Miami, and Carol Ann is a businesswoman here in the City. We're here to talk about the launch andl think you -- Applause. Mr. Talbert: Carol Ann, you need to come back in again. But I think you have at your table -- the ink is still dry. We're working with Michelle Spence -Jones, the Black Hospitality Initiative on part of your Believe program, and we were with the City, Michelle Spence -Jones, when that was launched. Believe: Inspire, Empower and Transform. We at the Bureau are launching, beginning June 23, 2012, the Miami Cultural Experience: Shop, Dine and Explore. Well, that happens to be the day that the Black Film Festival launches again in Miami, one of the top shows in this community, and really under the umbrella of Heritage Tourism. So I'd like to have Rolando Aedo, our (UNINTELLIGIBLE) just talk a bit, and then our closer -- everybody has to have a closer -- will be Ms. Carol Ann Taylor. So Rolando. Rolando Aedo: Thank you, Bill. It's been a true pleasure. One of the ways we're going to keep those records going that Bill Talbert mentioned is by coming up with unique experiences and showcasing more and more parts of our community. When we do that, people stay longer, they explore our community more, they generate more taxes, and ultimately put more people in employment, so that's good for us. So the fact that this project is focusing on areas like Little Haiti, Little Havana, and Overtown, for us, it gives us more content to promote throughout the world. It's a combination of efforts. It's been headed up primarily by Graylyn Swilley from the Black Hospitality Initiative, Carol Ann Taylor -- and I'll defer to her in a moment -- and the great Bureau team that has come up with some materials that are going to help us communicate to the globe. On the screens and at your dais you'll see this is a combination of brochures, (UNINTELLIGIBLE) materials. We're going to have a Web site dedicated to this effort that is being built as we speak. There's actually a mock-up of the brochure at Commissioner Spence -Jones place, and she can pass it around. It'll have a dedicated focus on these three areas thatl mentioned earlier. We're going to be coming up with an ambassador program and we'll have folks that will be available to ask [sic] questions for the visitors as they tour these three areas. Of course, we're coming up with all sorts of interesting ways to get people's attention and to have them ask them, and as Bill mentioned, we're hoping to leverage the audience, the very important audience that's coming into this community for the American Black Film Festival. We'll have -- we're (UNINTELLIGIBLE) banners at strategic places throughout the community so that people can readily identify with this Miami Cultural Experience: Shop, Dine and Explore that we're promoting throughout. This is a sample of the Web page that's being worked on, andl will tell you -- andl know the Commissioner and Carol Ann will talk about -- this is a collaboration between the Bureau, the City ofMiami of course, the Black Hospitality Initiative. The CRA (Community Redevelopment Agency), had been amazing partners and the County has also played a role. So this is just aflavor of things that are happening as we speak. I wanted to thank the Commissioner again not only as a board City ofMiami Page 14 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 member, but as the leader on the City's behalf for this project. Our leader is Carol Ann Taylor, so let me pause and turn it over to her. Thank you, Carol Ann. Applause. Carol Ann Taylor: Thank you, thank you. This is a really proud day for the City of Miami, for the Convention and Visitors' Bureau. It's been a long time coming. And we all know that many, many tourists that come to Miami come for sun and sand, but really, really do come to feel this heritage that is in our wonderful neighborhoods. And so we are thankful to Commissioner Spence [sic] and the rest of the Commissioners here for helping us to bring this to fruition. This has been a project of the Convention and Visitors' Bureau really for many years we have attempted to do this. Andl think all the stars have lined up right now. And we now have an actual cultural experience in three of our really, really wonderful neighborhoods. We're grateful for that. We recognize that it's going to help all of these neighborhoods to grow and create economic development in these communities for all of us. And we thank you for your support. We'll be back and let you know how we're doing. And we just really appreciate you. Thank you so much. Applause. Commissioner Spence -Jones: Mr. Chairman and my fellow Commissioners, I first of all want to say thank you to the Bureau and their big support, Graylyn, for making sure that this thing comes together. But I do want to give a special shout out to Commissioner Gort because Commissioner Gort started the First Fridays and was very much involved in the revitalization of Little Havana and already just now when you go into those neighborhoods, you see bus loads of people coming off you know, getting off the buses to shop, dine and explore. We wanted to make sure we packaged this as a part of the Believe Campaign and we're extremely excited that we'll be able to take thousands of people into neighborhoods that would never have anybody coming there. Our small businesses are suffering in Little Haiti. They're suffering in Little Havana. They're suffering in Overtown. And here's a way to bring them. We are also partnering with Miami -Dade County, which we just got on board. Mayor Carlos Gimenez is setting up meetings with the cruise industry, which is Norwegian and a lot of the other cruise ships, along with Bill Johnson, to see if we could have the trolleys actually leaving from the Port ofMiami when people are here for a day to jump on a trolley and to explore out neighborhoods. That means thousands of people going into those neighborhoods spending money and that's what it's all about. That's what we were elected to do, to make sure that we support the businesses and the people there. So I want to thank my fellow colleagues for your support with the initiative. God bless. Applause. Commissioner Gort: Let me tell y'all something, I used to be a volunteer tour operator. I would take the people around. And this is -- Miami is the only place where people can come and visit three, four different countries. They don't need a passport and they can use their dollars. So they don't have any problem. We have a great place in here. Chair Suarez: Thank you. END OF PERSONAL APPEARANCE PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION City ofMiami Page 15 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 12-00384 Department of Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORPORATION IN THE AMOUNT OF $65,000, FROM THE DISTRICT 5 ECONOMIC DEVELOPMENT RESERVE ACCOUNT, FOR ECONOMIC DEVELOPMENT ACTIVITIES ASSOCIATED WITH COMMERCIAL FA?ADE AND CODE COMPLIANCE PROJECTS IN DISTRICT 5; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR SAID PURPOSE. 12-00384 Summary Form.pdf 12-00384 Notice to the Public.pdf 12-00384 Legislation.pdf 12-00384 Exhibit 1.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, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0188 Chair Suarez: PH.1. Let me read a record [sic] into the statement [sic] before you start. We will now begin the public hearing items. Any member of the public who wishes to address the Commission regarding a public hearing item must first register with the City Clerk. In addition, pursuant to City code, any person addressing the Commission must limit his or her address to two minutes, unless additional time is granted by the presiding officer. Finally, any person addressing the Commission must begin by stating his or her name and street address for the record. We will now begin with PH.1. You're recognized, sir. George Mensah: Good morning, Commissioners. This is George Mensah. I'm director of Community Development. PH.1 is a resolution of the Miami City Commission, with attachments, authorizing the allocation of Community Development Block Grant funds to Rafael Hernandez Housing and Economic Development, in an amount of 65, 000 from District 5 economic development reserve account for activities with commercial facade and code compliance in District 5. Chair Suarez: Thank you. This is a public hearing item, andl see Mr. Cruz coming to the microphone. You're recognized, sir. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I want to speak on behalf of this item because yesterday I got lunch there on Midtown andl see what's going on there. You know, Midtown is in Wynwood there. And very important, I went there to -- (UNINTELLIGIBLE) or someplace there you get fancy stuff or whatever. But it's so many people, you -- it's very hard to find even a place to park there now in Midtown and, you know, it's part of your CRA (Community Redevelopment Agency) chairperson there okay. I am in favor of this, anything that's going in there, because anyway that maybe that trickle down to Allapattah too. It's very close there. Chair Suarez: Thank you, Mr. Cruz. Mr. Cruz: Thank you. City of Miami Page 16 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 PH.2 12-00382 Department of Community Development Commissioner Gort: It's going to. It's going to. Chair Suarez: Thank you, Mr. Cruz. Is there a motion on this? Commissioner Spence -Jones: So moved. Commissioner Carollo: Second. Commissioner Gort: Second. Chair Suarez: Actually, let me close the public hearing first. Is there any other member from the public that wishes to speak on PH 1 ? Hearing none, seeing none, the public hearing on PH.1 is closed; been moved by Commissioner Spence -Jones, second by Commissioner Carollo. Commissioner Spence -Jones: I just want to put something on the record. Chair Suarez: Yes. Commissioner Spence -Jones: I just want to commend Rafael Hernandez. They have done an outstanding job in our district, especially in the Little Haiti area. They have really transformed that area in -- on Northwest 2ndAvenue. Now they're starting -- or they have started in that particular community in Wynwood. So I just want to acknowledge them and their good work. Chair Suarez: Thank you. It's been moved and seconded. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $500,000 FROM THE DISTRICT 4 ECONOMIC DEVELOPMENT RESERVE ACCOUNT; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI OFFICE OF THE CAPITAL IMPROVEMENTS PROGRAM FOR STREET IMPROVEMENTS IN THE WEST FLAGLERAREA, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR SAID PURPOSE. 12-00382 Summary Form.pdf 12-00382 Notice to the Public.pdf 12-00382 Legislation.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-12-0189 Chair Suarez: PH.2. George Mensah (Director, Community Development): PH.2 is a resolution ofMiami City City ofMiami Page 17 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 PH.3 12-00383 Department of Community Development Commission, authorizing a transfer of CDBG (Community Development Block Grant) funds in the amount of $500, 000 from District 4 economic development reserve account and allocating to City ofMiami Capital Improvement program for street improvement in the West Flagler area. Chair Suarez: Thank you. This is a public hearing, PH.2. Any member from the public wishing to speak on PH.2? Seeing none and hearing none, the public hearing -- Commissioner Gort: Move it. Chair Suarez: -- on PH.2 is closed. Moved by Commissioner Gort. Is there a second? Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. I just want to say that I appreciate CIP (Capital Improvements Program) and Community Development working together to kind of think outside of the box in terms of figuring out how to spend monies that have a tendency to accumulate in a reserve account and should really be used to benefit the community. It's part of the issue that we were dealing with in Washington in terms of how we spend our economic development dollars versus social service dollars. So thank you so much, Mr. Mensah. It's been moved and seconded. All in favor, signift by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") SUBSTANTIAL AMENDMENT TO THE ANNUAL ACTION PLAN FOR FISCAL YEAR 2011-2012 TO INCLUDE THE SECOND ALLOCATION OF EMERGENCY SOLUTIONS GRANT ("ESG") FUNDS; AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("U.S. HUD") FOR THE AWARD OF THE SECOND ALLOCATION OF ESG FUNDS FOR FISCAL YEAR 2011-2012 AND TO SUBMIT THE CITY'S AMENDED ANNUAL ACTION PLAN FOR FISCAL YEAR 2011-2012 TO U.S. HUD FOR REVIEW AND APPROVAL. 12-00383 Summary Form.pdf 12-00383 Notice to the Public.pdf 12-00383 Legislation.pdf 12-00383 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, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0190 Chair Suarez: PH.3. George Mensah (Director, Community Development): PH.3 is a resolution of the Miami City Commission approving the City of Miami substantial amendment to the Annual Action Plan for fiscal year 2011-2002 [sic] to include a second allocation of emergency solutions grant funds. City ofMiami Page 18 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chair Suarez: This is a public hearing. Commissioner Gort: Move it. Chair Suarez: Anyone from the public wishing to speak on PH.3? Hearing none, seeing none. It's been moved by Commissioner Gort. The public hearing is closed. Is there a second? Commissioner Carollo: Second for discussion. Chair Suarez: Second by Commissioner Carollo for discussion. Commissioner Carollo, you're recognized -- Commissioner Carollo: Thank you. Chair Suarez: -- for discussion. Commissioner Carollo: Mr. Mensah, I just want to put for the record, just to veri, I mentioned the possibility that there might be some displacements of individuals in District 3. I want to verin, that this money can be used for temporary housing for someone who's been displaced and is homeless? Mr. Mensah: Yes, definitely. That's what the program is for. Commissioner Carollo: Okay. And Mr. Manager, I just want to vernj, that you're in agreement and we are on the same page with regards to those buildings that we have discussed that could possibly have some displacements? This money can be used -- should some of them be displaced and have nowhere to live, this money can be used for them to temporary [sic] have some place for them to -- some -- Mr. Mensah: Yes. Commissioner Carollo: -- to live, temporary housing. Mr. Mensah: Commissioner, I just want you to know that this $230, 000 is based on first come, first served, so if it happens quickly enough, we probably might have more money in there. If it happens little, there probably might not be money in that account. So I just want you to know. Commissioner Carollo: Okay. There's an issue in District 3 with, you know, various apartment buildings. It has been well documented in the media and there's a very high likeliness that, you know, there will be some people displaced. Therefore, it's something that I've been speaking with the Manager as of at least a month ago. So I want to make sure that, you know, we, you know, think of you know, these people. Mr. Mensah: We can also -- there's another solution. What we can also do is we can set aside special funding. These CDBG (Community Development Block Grant) funds can be used for relocation, so with your permission, we can set up special account for relocation, which will be separate and apart from this particular program that will be able to assist those individuals if it happens. Commissioner Carollo: That's something that -- Mr. Mensah: So I can meet with you so we can -- Commissioner Carollo: -- I don't mind discussing, you know -- City of Miami Page 19 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Mr. Mensah: Yes. Commissioner Carollo: -- in the near future. Mr. Mensah: Yes. Commissioner Carollo: You know, I'm okay passing this as is, but it's definitely something that we need to discuss a little bit more. And we discussed it in the briefing as a matter of fact. Mr. Mensah: Yes, yes. Commissioner Carollo: Okay. Mr. Mensah: No problem. Commissioner Carollo: Thank you. Chair Suarez: Okay. I believe it's been moved and seconded, right? All in favor, signifi, by saying iiye. " The Commission (Collectively): Aye. PH.4 RESOLUTION 12-00385 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI FOR THE PROVISION OF VIRTUAL PARTNER PROPRIETARY SOFTWARE MAINTENANCE AND SUPPORT SERVICES, FROM ADVANCED PUBLIC SAFETY, INC., RETROACTIVELY FOR THE PERIOD OF JANUARY 1, 2010 THROUGH DECEMBER 31, 2010, AS OUTLINED IN "EXHIBIT A", ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE, ACCOUNT CODE NO. 00001.191501.554000.0.0; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROVISION OF VIRTUAL PARTNER PROPRIETARY SOFTWARE MAINTENANCE AND SUPPORT SERVICES, FROM ADVANCED PUBLIC SAFETY, INC., FOR THE DEPARTMENT OF POLICE, PURSUANT TO SECTION 18-86(3)(D), OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FORA ONE (1) YEAR PERIOD, BEGINNING JANUARY 1, 2011, AT A PROPOSED FIRST YEAR COST NOT TO EXCEED $41,016.50, WITH ANNUAL RENEWABLE OPTIONS, SUBJECT TO AN ANNUAL DECREASE OR INCREASE OF UP TO 3%; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE, ACCOUNT CODE NO. 00001.191501.554000.0.0, WITH FUTURE YEARS' FUNDING SUBJECT TO THE AVAILABILITY OF FUNDS FROM THE DEPARTMENT OF POLICE OPERATING BUDGET AND BUDGETARY APPROVAL AT THE TIME OF City of Miami Page 20 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 NEED. 12-00385 Summary Form.pdf 12-00385 Memo - Proprietary Software Maintenance.pdf 12-00385 Notice to the Public.pdf 12-00385 Accounting Entries Detail (Oct-2011).pdf 12-00385 Legislation.pdf 12-00385 Exhibit 1.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, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0191 Chair Suarez: PH.4. Manuel Orosa (Chief of Police): Manny Orosa, Chief of Police. Back in 2007, the City Commission approved us to purchase a million three worth of electronic equipment for basically police cars. Part of this purchase was a couple of things that helped us do our work better. One was electronic tickets. The other one was a host of virtual information that we would gather right from the police computer. Basically, we would run a tag. We would not have to wait by the computer screen waiting for the information. As soon as the information would come back, the computer would talk to us and tell us you got a stolen car, this car okay, it belongs to so and so, so the officer wouldn't have to be diverting their vision from the actual issue down into the police car. Basically, what happened back then is that we had a problem with the virtual tickets, the e-tickets, which -- the problem was that the machine was duplicating tickets that it [sic] already existed so we stopped using that. We continue using all the other features of the software and then, eventually, we went away from those e-tickets and went to a different company. But this portion of the payment is the overdue for -- the maintenance for using those tickets -- the rest of the software that was good and basically a second year of use of that software. Chair Suarez: Okay. This is a public hearing item. Anyone from the public wishing to speak on PH. 4? Mr. Cruz, you're recognized. Mariano Cruz: Mariano Cruz, speaking as a resident. Chair Suarez: Yes. Two minutes. Mr. Cruz: I have family -- plenty of family in the police department, so anything that helps the police department, I am for that. Andl go around -- drive around the neighborhood, and one of the big problems we got in the police department is -- I don't know how they deploy because Allapattah is not only the people that live in Allapattah; it's the floating population that goes to Allapattah every day, to the courts, the VA (Veterans Administration), Jackson Hospital, different places that you got; South 20th Street there, thousand and thousand of people. And also the prisons are there and when they say -- let somebody loose, he goes right there in the neighborhood. You know, what you do you come out of jail. Oh, I need a car. Well, let me steal a car from here and break -- and that's what happens in the neighborhood. So it's very -- it's a very -- see, Allapattah is not Flagami. It's a different completely neighborhood. Commissioner Gort: Yeah. Mr. Cruz: And anything that helps there, it'll help us. It's all right, you know, and -- City of Miami Page 21 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chair Suarez: Thank you. Mr. Cruz: Remember all that -- no, no, no. I see you got a few seconds left. Chair Suarez: Fifty-five seconds. Mr. Cruz: Thank you. Listen, one other thing. I want to make a remark. I want to thank Commissioner Spence -Jones for the defense that the other day she made of Angel Gonzalez. I told him he was in Spain, but he's back already. And, remember, you didn't do -- there is something that she read there and say people that make slanderous remarks will be thrown out of here and that person make a slanderous remark. Chair Suarez: Thank you, Mr. Cruz. I appreciate it, for your tangent there. Mr. Cruz: Remember, I watch the Commission meeting. Chair Suarez: Coming back -- is there any else -- any other member of the public wishing to speak on PH.4? Any other member of the public? Seeing none and hearing none, public hearing is closed; coming back to this Commission. Is there a motion? Commissioner Gort: Move it. Commissioner Carollo: Move it. Commissioner Spence -Jones: Second. Commissioner Carollo: Discussion. Chair Suarez: Moved by three of us and seconded by everybody else and discussion by Commissioner Carollo. Go ahead. Commissioner Carollo: Thank you, Mr. Chairman. Question, why a four fifth vote? Chief Orosa: It was a sole source. Commissioner Carollo: Andl guess that's where my line of questioning is, and not just for you, Chief. I know - I see PH.5 is pretty much the same scenario where again -- andl know we approved this, you know. The Administration comes to us and says, listen, this is, you know, the best equipment for the best price and please approve it; and, you know, we're not expert on these equipment. But I guess my line of questioning is -- I'm seeing right now we're going to have a maintenance cost of forty -some thousand per year and it seems like there's no way around it. So what -- I guess my questioning is with regards to equipment that is a proprietor, where it's only one company, that any maintenance or any parts that we need has to be right from that company, and I'm just asking, you know, respectfully, how smart is it for us to go with these type of companies where --? I mean, realistically, we're stuck with them. You know, if the maintenance cost was $50,000, I don't think we could get out of it. We would have to pay it, am I correct? Or can you shed some light, Mr. Robertson? Kenneth Robertson: Good morning, Commissioner. Kenneth Robertson, Purchasing director. For PH.4, maintenance of a proprietary software does not require a four fifths vote. 18863 -- 83(d) of our code allows that exclusion from the formal competitive procurement requirements. What requires a four -fifth vote in this particular item is the fact that there's a retroactive payment. City of Miami Page 22 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chair Suarez: Right. I told him that. Thank you. I have a -- kind of a similar concern. Commissioner Carollo: Yeah, which, if that's the case, then why was -- why is there retroactive payment? Why wasn't there something coming before this Commission before? Not -- and also let me be fair about this. I understand there's proprietary, so realistically, in a way, we're sort of stuck unless we do away with it altogether and that's my interpretation. But why didn't the -- this item come before the Commission and not after the fact? Mr. Orosa: Commissioner, as I mentioned earlier, this is something that was approved back in 207 [sic], and the problem was that a portion of the product we couldn't use because it was, for lack of a better word, faulty, like it was doubling on the tickets, so we decided not to use that portion of the product. We continued using the rest of the product and it took almost more than a year to get that glitch fixed. And at the end of that year, the company then said, by the way, you owe us for this year and you owe us for next year, and that's why we're here because we do owe them for that portion that we did use. And like I said, eventually, we moved away from that company and those e-tickets. Chair Suarez: Thank you. I just have one -- Mr. Orosa: And by the way, the money was set aside back then and that's the money we're using. It's already covered, so it's not money being used from this year. Chair Suarez: I just have one comment. And did close the public hearing on this? Todd Hannon (Assistant City Clerk): Yes, sir. Chair Suarez: Okay. I have one comment, which is just basically, I've noticed this kind of pattern in the public service sector -- public safety sector where there's a lot of sole sourcing of contracts, and my only kind of concern and recommendation would be that when you're going to do that -- andl know that we have a good procurement director who is very diligent and thorough. Mr. Orosa: Actually, he's excellent, by the way. Chair Suarez: Yeah. So, you know, I hope that every time we're doing this, we're doing our research and researching to make sure that this is the only company that does this. Because, you know, I remember there being one item in the CRA (Community Redevelopment Agency) a long time ago where we were told it was a sole source because they were the only company that did -- you know, that did the product, and we did our own research online in Google and we found like 40 companies that did it, so you know, that's the only concern I have. I just want to put that on the record because it does come up a lot in the public safety context. Mr. Robertson: Commissioner, Kenneth Robertson, Purchasing director. For PH.4, the initial selection of advanced public safety was pursuant to an open competitive IFB (Invitation for Bid). Chair Suarez: Right. Mr. Robertson: Thereafter, to maintain a system that we selected in an open competitive environment -- Chair Suarez: I got it. Mr. Robertson: -- does become proprietary. City of Miami Page 23 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 PH.5 12-00386 Department of General Services Administration Chair Suarez: I got it. I got it. Yeah. There's no other company that can come in -- Mr. Robertson: Correct. Chair Suarez: -- and maintain someone else's system. I got it. Mr. Robertson: Correct. Chair Suarez: It makes sense. Okay, there's a motion and a second. All in favor, signifi, by saying iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CHIEF PROCUREMENT OFFICER AND CITY MANAGER'S FINDING OF A SOLE SOURCE, WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES, AND APPROVING THE PROCUREMENT OF PARTS AND REPAIRS FOR FIFTEEN (15) PETERSEN REAR STEER RS3 LIGHTNING TRASH CRANES, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, FROM PETERSEN INDUSTRIES, INC., THE SOLE SOURCE PROVIDER, FORA ONE (1) YEAR PERIOD, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $200,000; ALLOCATING FUNDS FROM THE GENERAL SERVICES ADMINISTRATION'S BUDGET, ACCOUNT NUMBER 05001.247000.546000.0000.00000. 12-00386 Summary Form.pdf 12-00386 Memo - Parts & Repairs Petersen Cranes.pdf 12-00386 Memo - Sole Source.pdf 12-00386 Notice to the Public.pdf 12-00386 Letter - Lightning Loader Parts.pdf 12-00386 Email - Miami Parts List.pdf 12-00386 Legislation.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-12-0183 Chair Suarez: PH.5. Ricardo Falero: Rick Falero, GSA (General Services Administration) Director. Resolution of the Miami City Commission by a four fifth affirmative vote, pursuant to Section 1892 of the code of the City ofMiami, after an advertising public hearing, ratifying, approving, and confirming the chief procurement officer and the City Manager's finding of a sole source, City ofMiami Page 24 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 waiving the requirement for a competitive bidding procedure and approving the procurement of parts and repairs for 15 Peterson Rear Steer RS3 Lightning Trash Cranes. This is for a one-year period, with options for four additional years; the amount not to exceed $200, 000. Chair Suarez: Mr. Robertson, is this a similar situation where we bought the car from one -- or one -- you know, the vehicle from one and it's the same manufacturer? Kenneth Robertson: Correct. Kenneth Robertson, Purchasing Director. Back in 1999, the Purchasing Department issuedlFB 9899152. We received two bids for these cranes. Thereafter, to maintain the cranes that we purchased, the parts for a certain components of the cranes are indeed sole source. Chair Suarez: Thank you. It's a public hearing item. Let me open up the public hearing. Is there anyone from the public wishing to speak on PH.5? Commissioner Carollo: And, Mr. Chairman, just real quick. Chair Suarez: Yes. Commissioner Carollo: A correction. I mentioned -- the same as PH.5, andl mentioned Solid Waste. Chair Suarez: Right. Commissioner Carollo: It's actually General Services. Chair Suarez: Right. Commissioner Carollo: General Service Administration, GSA. Chair Suarez: Good catch. Mr. Simmons, you're recognized. Joe Simmons: Good morning, ladies and gentlemen. Joe Simmons, Jr., president of the sanitation workers union, AFSCME (American Federal, State, County and Municipal Employees), Local 871. The -- generally, we don't have a problem with the expenditure of this type. The concerns we are having is the delay in getting that equipment repaired for our men and women could use, which delays service to the residents. As you well know, we've had a lot of equipment shortages lately, and what they have been doing basically is certain items -- certain vehicles -- these vehicles that need dealer repairs are sent up to the dealer and so they're like in a holding pattern until they get enough and then we 're over here and we shouldn't have to be. I think they need to get better. Whatever process they have (UNINTELLIGIBLE) internally need to tighten up because it affects us, our ability to be able to service the residents. They expect us to pick up their trash on a timely basis, not a day later; the day of because they're paying for a service. Chair Suarez: Thank you. Mr. Simmons: Thank you. Mr. Falero: Are we referring to the cranes or overall in all the vehicles? Mr. Simmons: We're talking the cranes and all vehicles in general because a lot of times my experience has been in the past there's some procurement issues that arise because of -- there are certain timelines that have not been met, for whatever reason, and Procurement, let's say, City of Miami Page 25 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 kicks them back to GSA because GSA, for whatever reason, haven't submitted the bills on time in order to get a tickler from GSA to get approved to get these vehicles out of the shop. I don't think it's -- I think it's a disservice to the sanitation workers and to the residents because we provide a direct service to those residents. They expect us to be there when we're scheduled to be there. Chair Suarez: What -- Mr. Simmons, would you mind meeting with him and discussing this issue -- Mr. Simmons: Sure. Chair Suarez: -- in a greater detail? Mr. Simmons: Sure we can. Mr. Falero: I'll be more than -- Mr. Simmons: I know that -- Mr. Falero: -- happy to address that with him. Chair Suarez: Okay, thank you. Commissioner Gort. Mr. Simmons: Thank you. Chair Suarez: Thank you. Commissioner Gort: What I would like to do in Procurement, my understanding is you establish something new. We get a lot more response -- people responding to our bids and so on. I forget what I was told it was done. The way you're doing it, we getting more response. What I'd like for you all to analyze -- there's a difference between getting a contract where it has to be served by the seller instead of by our people. I think it's very important to looking at the contract, the benefits of getting maybe a -- pay a little more, but the service can be provide by us and GSA and we can save money in the long-term -- long run. Mr. Falero: This particular is exactly doing that. That's for us to get parts; that we fix the cranes ourselves. Commissioner Gort: Right. But at the same time, what we can do to get the part as soon as possible, okay. Thank you. Chair Suarez: Thank you. I'm going to also table SR.2, 'cause we're looking at it in a little bit more depth, for the afternoon. Commissioner Gort: We have to vote on -- Chair Suarez: Yeah. Okay. We'll get there. Commissioner Spence -Jones: Is this --? Chair Suarez: Yeah, we got to vote on it. Commissioner Spence -Jones: -- item -- we -- is -- City of Miami Page 26 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chair Suarez: Yeah, we got to vote on it. Commissioner Spence -Jones: Oh, it's more that needs -- SR.2 is done, correct? Chair Suarez: No, no, no. I -- he -- I was kind of getting a little ahead of myself is what Commissioner Gort was saying. Commissioner Gort: We need to vote. Chair Suarez: Yeah, we need to vote on PH.5. We haven't voted on PH.5. Is the -- anyone else from the public wishing to speak on PH.5? Hearing none, seeing none, the public hearing on PH.5 is closed. Is there a motion and a second on this yet? No. Motion and a second. Commissioner Gort: Move it. Chair Suarez: Motion by Commissioner Gort. Commissioner Carollo: Second. Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Carollo. All in favor, signift by saying aye." The Commission (Collectively): Aye. Passes unanimously. Commissioner Gort: Thank you. END OF PUBLIC HEARINGS ORDINANCES - SECOND READING SR.1 ORDINANCE Second 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 REGULATE OUTDOOR ADVERTISING SIGNS ON CITY OF MIAMI OWNED PROPERTY, DELEGATING APPROVAL OF SUCH SIGNS TO THE CITY MANAGER AND THE DIRECTOR OF PLANNING AND ZONING; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00240 Summary Form FR/SR.pdf 12-00240 Miami21 -Article 4. Table 12 FR/SR.pdf 12-00240 Legislation SR.pdf 12-00240-Submittal-Commissioner Carollo.pdf 12-00240-Submittal-Dusty Melton.pdf 12-00240-Submittal-Judy Sandoval.pdf 12-00240-Memo-City Manager -Correction of Scrivener's Errors for SR.1-Signs on City -owned Pro' Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. City of Miami Page 27 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item SR.1 was deferred to the May 24, 2012 Commission Meeting. SR.2 12-00153 City Manager's Office 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. 12-00153 Summary Form SR.pdf 12-00153 Memo - Estimated Costs FR/SR.pdf 12-00153 Estimated Rental Costs FR/SR.pdf 12-00153 Rental of Protection Coverings FR/SR.pdf 12-00153 Calls for Srvc. - 01-01 thru 12-31-10 FR/SR.pdf 12-00153 Calls for Srvc. - 01-01 thru 12-31-11 FR/SR.pdf 12-00153 Legislation SR (Version 4).pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo 13320 Chair Suarez: We don't have much left on the agenda. I'd like to take up SR. 2 now, then do RE.8, and then we will have a time certain of 3 p.m. for RE.14. Commissioner Spence -Jones: Okay. Chair Suarez: So SR.2 and -- I can introduce it if nobody from the Administration is here to introduce it. But basically, SR.2 is the item that we deferred in the last Commission meeting that we had passed on first reading to add the metallic coverings as a possible option for the City to use if certain due process requirements are met and people are given an opportunity to make sure that they comply with the law. And it -- I think Commissioner had raised some good points. Commissioner Spence -Jones had raised some good points on first reading andl think the Administration listened and made some modifications that I think everyone is accepting, I hope. So is there a motion on SR.2? Commissioner Spence -Jones: I just want to -- where's Alice? Is she here? Commissioner Gort: Move it. Commissioner Spence -Jones: Second. Chair Suarez: Moved and second. City of Miami Page 28 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioner Spence -Jones: Discussion. Chair Suarez: It's been moved by Commissioner Gort, second by Commissioner Spence -Jones. Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: Okay. I just wanted to make sure, Zari, that we added the issue -- I know one of the things we went back and forth with Alice was the issue of the Code Enforcement portion of it. So we do not have the 30 days to comply in there? Zari Watkins (Assistant City Attorney): Well, the way that it's written right now, the Code Enforcement inspector has the discretion. Commissioner Gort: Excuse me. Ms. Watkins: I'm sorry. Zari Watkins, City Manager's office. The Code Enforcement inspector has the discretion to provide how much time the property owner is given to comply with the notice of violation. Commissioner Spence -Jones: I'm sorry. They just distracted me. Go ahead again now. Ms. Watkins: The Code Enforcement inspector when they issue the notice of violation, they can provide how much time the property owner is given to comply with the order. Commissioner Spence -Jones: Okay. They're given notice and the Code Enforcement officer has the discretion. Ms. Watkins: Correct. Commissioner Spence -Jones: I thought that was the thing that we changed. Ms. Watkins: The initial -- first reading said 30 days. You're correct in that. First reading said 30 days. The item that we proffered for second reading changed it a little bit to address some other concerns about the time that property owners will be given to comply with the notice of violation. So we changed it so that the Code Enforcement inspector, depending on the gravity of the property, could decide well, I could give this person 30 days, I could give this person 60 days, so on and so forth, or less. Chair Suarez: And ifI may, Commissioner. May I --? Commissioner Spence -Jones: But that's what -- I'm just saying that was the main thing that we asked them to change. Chair Suarez: Yeah. The first time -- I don't know if you remember -- we addressed this, the issue was whether a second -- first notice was a second notice that would require the metallic coverings, andl think there was concern among us that maybe people couldn't afford it and if they were trying to comply with the law, we shouldn't force them necessarily to do it. So the way they did it was, which I thought was -- initially, I didn't -- I wasn't sure ifI agreed with it myself in the last meeting. That's why I deferred it one more. But they set up a structure that basically protects the resident and provides for a due process hearing on the residents to make sure that, number one, the house requires it, needs it; and number two, that the, you know, resident has gotten all opportunities to comply with it. Ms. Watkins: Correct. City of Miami Page 29 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioner Gort: Mr. Chairman. Chair Suarez: Yes, Commissioner. Commissioner Gort: Let me ask a question. My understanding is if a person is -- has the right to come in front of the board, come in front of you, if they need additional time, to ask for additional time to comply with the -- whatever the complaint is. Am I correct? Jessica Capo (Interim Director, Code Enforcement): Yes. Commissioner Gort: And you are? Ms. Capo: Jessica Capo, Interim Director, Code Enforcement. Commissioner Gort: So it's very important that people understand that. If you (UNINTELLIGIBLE) for any reason you get a complaint, you do not have the funds to comply with at that time, you can come and request additional time to comply with it. Ms. Capo: Not if you get a complaint. If you receive a notice of violation -- Commissioner Gort: If you receive a notice of violation, yes. Ms. Capo: The notice of violation gives you ten days to come into compliance. If within those ten days you cannot come into compliance, you request an extension, not from the board; from the inspector handling -- Commissioner Gort: From the inspector. And they'll give them additional time to go ahead and do it. Ms. Capo: Correct. They don't have to give the extension, though. The extension is not granted -- Chair Suarez: It's not mandatory. Ms. Capo: It's not mandatory. Commissioner Gort: No. I understand it's not mandatory, but if the gentleman or someone comes with the right reasons why they cannot comply at this moment because of the construction, the permits, and a lot of times we know how it takes -- Ms. Capo: Correct. Commissioner Gort: -- the permits from the County and DERM (Department of Environmental Resources Management) and all this. Takes a lot longer than what you require, you will give an extension. Ms. Capo: Correct. Commissioner Gort: Okay. If not, will come in front of us and we'll take care of it. Yes. Go ahead. Commissioner Spence -Jones: Francis -- Chair Suarez: Thank you. Yes, Commissioner. City of Miami Page 30 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioner Spence -Jones: -- I just want to be clear. The whole purpose of us doing this item I know from day one -- at least why you brought it to our attention, that this is something we needed to look at, was to address the issue of crime and fire safety issues, right? Andl think what we went back and forth -- it wasn't necessarily the Code Enforcement being involved. I think our concern was that extra step going in front of the Code Enforcement Board. Like if this becomes -- if this property is a repeat offender, you know, the drugs are happening all the time -- Chair Suarez: Right. Commissioner Spence -Jones: -- you know, illegal activities are going on in there, and we know the police has identified this as a troubled place -- Chair Suarez: Right. Commissioner Spence -Jones: -- our concern in my briefings with City staff was if we're trying to get this property off the map, you know, and secured, then what stops that property owner from hiring someone and coming in front of the Code Enforcement Board buying for time for ask -- with asking for continuances over and over again? Chair Suarez: Yeah. Listen, I agree with you. Commissioner Spence -Jones: So I thought the whole purpose of this ordinance was if the police Chair Suarez: Right. Commissioner Spence -Jones: -- identified these spots as septic sites or problem sites, that they would have the ability to -- I thought that was the whole -- Chair Suarez: Like somebody told me the other day, you're preaching to the preacher. Commissioner Spence -Jones: Okay. Chair Suarez: Instead of you're preaching to the choir. Commissioner Spence -Jones: That's fine. I mean, if you -- I'm just telling you -- Chair Suarez: Yeah, I know. I agree with you. I would prefer it be a -- the way you're describing it. In other words, if they're a repeat offender and they're someone who has -- Commissioner Spence -Jones: Yes. Chair Suarez: -- you know, shown that there's a criminal element in there and whatever, that it should be like mandatory, that's it, done. I think the reason why it was put in that way was 'cause there was a concern expressed by us about what about the resident, you know what mean, and we need to build in some protections for the resident who may want to comply but may not, you know -- I don't know, whatever. We're just going to give him an opportunity to explain himself basically and to explain why he's going to comply. We can agree with him or if the evidence that is presented against him is compelling, we can say, listen, sir, with all due respect, you haven't demonstrated an ability, or ma'am, you haven't demonstrated an ability to secure the property so we're going to require you to do this. City of Miami Page 31 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioner Spence -Jones: Okay. Can I just add -- I'm going to shut up after that, but is there any way -- 'cause I know that my chief of staff is going crazy on this item. Is there any way we can say that you can only be granted a certain amount of continuances? 'Cause this -- a person can -- Chair Suarez: Yeah, yeah. Commissioner Spence -Jones: -- continue this thing ten times. Chair Suarez: I agree. Commissioner Gort: Wait a minute. Wait a minute. Excuse me. Ms. Watkins: Let me just clam -- Commissioner Gort: I'm sorry. Chair Suarez: Wait, wait, wait. Commissioner Gort would like to say something. Commissioner Gort: Wait a minute. Wait a minute. Can I get -- Chair Suarez: A word in edge wise. Commissioner Gort: -- one word in, please? Commissioner Spence -Jones: Yes, you go. Commissioner Gort: If it's up to me, you knock them down right now. Commissioner Spence -Jones: Huh? Commissioner Gort: If it's up to me, I will knock them down right now because that's one of the major problems I have within my district. Commissioner Spence -Jones: Yes. Commissioner Gort: And the police cannot do anything. Code Enforcement cannot do anything because the squatters are saying we're the victim. We pay somebody $3, 000 and we have the right to be here. You go to court and the court does not allow to knock them down. Commissioner Spence -Jones: Right. Commissioner Gort: So if you can find a way to knock it down right away -- the only reason I was trying to do is the actual property owner that lives in there and has problem and cannot afford that -- you have it in your neighborhood andl have it in my neighborhood -- that they have problem, that they have a time to comply with it. That's what I'm looking at. Commissioner Spence -Jones: No. I'm the main one that was fighting on the issue. Commissioner Gort: I know that. I know that. Chair Suarez: Yeah. Commissioner Spence -Jones: I'm not -- right, right. City of Miami Page 32 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioner Gort: That's why I'm bringing this up. Commissioner Spence -Jones: No, no. Right. But I just wanted to -- I guess what the disconnect was -- and that's fine. We can go ahead and vote and support it. That's not the issue. I just want to make sure that we're able to at least monitor because I can see how some people that have -- Chair Suarez: It gets abusive. Can be abusive. Commissioner Spence -Jones: -- the ability, the financial ability to hire attorney and come every Code Enforcement meeting and say I'm continuing it. I'm continuing it. Ms. Capo: No. But just to clam -- Commissioner Spence -Jones: Okay. Ms. Capo: -- if somebody comes in front of the board -- Commissioner Spence -Jones: Yes. Ms. Capo: -- it is -- the City puts on a case, and if we have the backup documentation to prove to the board -- Commissioner Spence -Jones: Yes. Ms. Capo: -- the reasons why we are recommending to them not to give another extension, the board usually goes with the recommendation of the City. Commissioner Spence -Jones: I'm done. Chair Suarez: Okay. This -- Commissioner Spence -Jones: We had a motion and a -- Chair Suarez: There's a motion and a second. This is a public hearing on SR.1. Is it SR.1 or 2? SR.2, I'm sorry. Anyone from the public wishing to speak on SR.2? You guys don't want to speak on SR. 2? Commissioner Gort: No. Chair Suarez: No, okay. Public hearing is closed. Public hearing is closed. This is an ordinance. I'm sorry. Commissioner Gort, before we vote. [Later..] Chair Suarez: Madam City Attorney, it's an ordinance. Julie O. Bru (City Attorney): Right. And the ordinance is being adopted as -- Chair Suarez: Stated. Ms. Bru: -- in the record, right? It hasn't been amended, right? City of Miami Page 33 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 FR.1 12-00514 Chair Suarez: In the record, yeah. It has not been amended, as far as I know. Ms. Bru: Okay. The Ordinance was read by title into the public record by the City Attorney. Todd Hannon (Assistant City Clerk): Your roll call on item SR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. Chair Suarez: Okay. We have a little bit of a problem, which is that Commissioner Carollo, who has two of the remaining three items that are not time certain, is not up on the dais, so Mike is going to inform him that we need him up here to do these two items, unless the rest of the board wants to do the budgetary amendment. I mean, he's asked for it to be tabled until the afternoon so I think in fairness, we should wait for him. Commissioner Spence -Jones: Can we take -- do we have any other items? Chair Suarez: No. We can break till 3. Commissioner Spence -Jones: Yes. Chair Suarez: Okay, we're going to recess until 3. At which point we will take up RE.14. Commissioner Spence -Jones: Overtown, right? Chair Suarez: Yes. And that's 3 o'clock sharp, everyone. Three o'clock sharp. END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING ORDINANCE First Reading District 4- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Francis 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, Suarez ENTITLED "BUILDINGS", MORE PARTICULARLY BY AMENDING ARTICLE 5, ENTITLED " CODE RELIEF PROGRAM TO MODIFY THE MITIGATION OF FINES DUE TO PARTICIPATION IN THE CODE RELIEF PROGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00514 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Chair Suarez: We're going to skip SR.2, and SR.1 has been deferred. So we're going to go to FR.1, andl guess I'm going to introduce it because I'm the sponsor of it. City of Miami Page 34 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 FR.2 12-00356 Office of the City Attorney Commissioner Carollo: There you go. Chair Suarez: But FR.1 is essentially -- we did this already. This is kind of a cleanup one. We did the automatic mitigation statute, and what we're doing is we didn't want to treat someone who has a $99, 000 fine the same as someone who has a $25, 000 fine so we're giving a discount for each corresponding $25, 000 increment. I think the automatic mitigation statute is extremely helpful. It's good for the City. It's good for the community because everyone knows they can come in and just mitigate, get it over with, pay their money, and move on. So that's why I proposed it; and it's something that I think is fair, given the, you know, amount of violation. Is there a motion? Commissioner Carollo: So moved. Commissioner Spence -Jones: Second. Commissioner Gort: Second. Chair Suarez: Moved and seconded. This is a public hearing item since it's a re -- an ordinance. Anyone from the public wishing to speak on FR.1? Hearing none and seeing none, the public hearing is closed. It's been moved and seconded. It's an ordinance. Todd Hannon (Assistant City Clerk): Chair. Chair Suarez: Yes. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Chair, your roll call on item FR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The item passes on first reading, 4-0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," BY AMENDING SECTION 2-892 TO REMOVE BOARDS THAT HAVE ALREADY SUNSET OR HAVE BEEN REPEALED: THE PLANNING ADVISORY BOARD, THE ZONING BOARD; AND THE STREET CODESIGNATION REVIEW COMMITTEE, AND ADDING THE PLANNING, ZONING AND APPEALS BOARD TO THE SCHEDULE OF BOARDS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00356 Memo - Office of the City Attorney SR.pdf 12-00356 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff City of Miami Page 35 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chair Suarez: FR.2. Julie O. Bru (City Attorney): This is an ordinance that sunsets several boards that are no longer really required under our form of government, for example, the Planning Advisory Board and the Zoning Board that have been replaced by the Planning and Zoning Advisory Board, and the Street and Codesignation Committee. Chair Suarez: This is a public hearing since it's an ordinance. Is there anyone from the public wishing to speak on FR.2? Hearing none and seeing none, the public hearing on FR.2 is closed, coming back to this Commission. Is there a motion? Commissioner Carollo: So moved. Commissioner Gort: Second. Chair Suarez: Moved by Commissioner Carollo, second by Commissioner Gort. It's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd Hannon (Assistant City Clerk): Your roll call on item FR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The item passes on first reading, 4-0. END OF FIRST READING ORDINANCES RESOLUTIONS RE.1 RESOLUTION 12-00387 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Facilities AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED AND AMENDED INTERLOCALAGREEMENT, BY AND BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI SPORTS AND EXHIBITION AUTHORITY, AN INDEPENDENT AND AUTONOMOUS AGENCY AND INSTRUMENTALITY OF THE CITY, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PURPOSE OF DEVELOPING, OPERATING, AND MANAGING THE AVIATION FACILITY, LOCATED AT APPROXIMATELY 980 MACARTHUR CAUSEWAY AT WATSON ISLAND, MIAMI, FLORIDA, ACITY-OWNED PROPERTY, FOR AN INITIAL TERM OF THIRTY (30) YEARS WITH UP TO TWO (2) OPTIONS FOR SUCCESSIVE RENEWAL TERMS OF TEN (10) YEARS EACH. 12-00387 Summary Form.pdf 12-00387 Legislation.pdf 12-00387 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) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item RE.1 was deferred to the May 24, 2012 Commission Meeting. City of Miami Page 36 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 RE.2 RESOLUTION 12-00388 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Facilities AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSENT TO THE SUBLEASE AGREEMENT ("AGREEMENT"), BY AND BETWEEN THE MIAMI SPORTS AND EXHIBITION AUTHORITY AND LINDEN SERVICES CORPORATION, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PURPOSE OF DEVELOPING, CONSTRUCTING, MANAGING AND OPERATING A PUBLIC HELIPORT AND RELATED FACILITIES, IMPROVEMENTS AND SETTING FORTH A BASE RENT AND PERCENTAGE RENT, WITH ESCALATORS, FOR THE HELIPORT FACILITY LOCATED AT APPROXIMATELY 980 MACARTHUR CAUSEWAY AT WATSON ISLAND, MIAMI, FLORIDA, A CITY OF MIAMI OWNED PROPERTY, FOR AN INITIAL TERM OF THIRTY (30) YEARS WITH TWO (2) EXTENSION OPTIONS OF TEN (10) YEARS EACH COMMENCING ON THE EFFECTIVE DATE OF THE AGREEMENT. 12-00388 Summary Form.pdf 12-00388 Legislation.pdf 12-00388 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) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item RE.2 was deferred to the May 24, 2012 Commission Meeting. RE.3 RESOLUTION 12-00389 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Facilities AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSENT AND JOINDER TO THE DEVELOPMENT AGREEMENT ("AGREEMENT"), BY AND BETWEEN THE CITY OF MIAMI ("CITY"), MIAMI SPORTS AND EXHIBITION AUTHORITY AND LINDEN AIRPORT SERVICES CORPORATION (TENANT), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PURPOSE OF DEVELOPING AND CONSTRUCTING THE HELIPORT FACILITY AND SETTING FORTH THE TENANT'S FINANCIAL CONTRIBUTION REQUIREMENTS TOWARDS THE COMPLETION OF THE HELIPORT FACILITY LOCATED AT APPROXIMATELY 980 MACARTHUR CAUSEWAY AT WATSON ISLAND, MIAMI, FLORIDA, A CITY -OWNED PROPERTY, FORATERM OF SIXTY (60) MONTHS FROM THE EFFECTIVE DATE OF THE AGREEMENT. 12-00389 Summary Form.pdf 12-00389 Legislation.pdf 12-00389 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) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff City of Miami Page 37 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 RE.4 12-00391 Department of Capital Improvements Program Note for the Record: Item RE.3 was deferred to the May 24, 2012 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO THOSE LISTED IN RESOLUTION NO. 12-0143, ADOPTEDAPRIL 12, 2012, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 12-00391 Summary Form.pdf 12-00391 Legislation.pdf 12-00391-Exhibit 1-SUB.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo R-12-0192 Chair Suarez: Mr. Hannon, which is the next item on the agenda 'cause I don't have the list of all the deferrals? Todd Hannon (Assistant City Clerk): The next item would be RE.4, sir. Chair Suarez: Thank you. RE.4. Albert Sosa: Good morning. Albert Sosa, Director of Capital Improvements. I have a floor amendment for the attachment on RE.4 that I'm going to be passing out. The floor amendment has a highlighted line, which is the only change, and it's specific to a District 4 project and the funding amount on that project. Chair Suarez: Thank you. Is there a motion on RE.4? Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner Spence -Jones. Is there a second? Commissioner Gort, is there a second? Commissioner Gort: Second for discussion. Chair Suarez: Second for discussion. Commissioner Gort, you're recognized for discussion. Commissioner Gort: I got to check in this. Let somebody else. Chair Suarez: What's that? You want to table it? You want to table it till the afternoon? Commissioner Gort: No, no. I don't have any problem. Chair Suarez: Okay. It's been moved and seconded. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. Todd Hannon (Assistant City Clerk): And that'll be as modified, sir. City of Miami Page 38 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 RE.5 12-00392 Department of Parks and Recreation Chair Suarez: As modified. Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED MARCH 2, 2012, PURSUANT TO INVITATION FOR BID NO. 289272, FROM EXQUISITE CATERING BY ROBERT, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROVISION OF A SUMMER FOOD SERVICE PROGRAM, FOR THE DEPARTMENT OF PARKS AND RECREATION, AT AN ESTIMATED ANNUAL AMOUNT OF $433,912.50, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FOR THE FIRST YEAR, FROM THE DEPARTMENT OF PARKS AND RECREATION ACCOUNT NUMBER 11550.295999.534000.0000.00000, WITH FUTURE YEARS' FUNDING, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE UNITED STATES DEPARTMENT OF AGRICULTURE "SUMMER FOOD SERVICE PROGRAM INVITATION FOR BID AND CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-00392 Summary Form.pdf 12-00392 Award Recommendation Form.pdf 12-00392 Tabulation.pdf 12-00392Addendum No. 1.pdf 12-00392 Invitation for Bid - Summer Food.pdf 12-00392 Legislation.pdf 12-00392 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo R-12-0193 Chair Suarez: RE.5, correct? Juan Pascual: Good afternoon. Juan Pascual, Interim Director of Parks and Recreation Department. This item is an award of a bid for the food services lunch snack program for our summer program. On April 12 the Commission approved the acceptance and the agreement for the grant of $500, 000. And what this does is actually establish a contract with a vendor to provide the service for the summer. Chair Suarez: Thank you. Is there a motion on this? Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Gort. Is there a second? City of Miami Page 39 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 RE.6 12-00394 Department of Capital Improvements Program Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. Mr. Pascual: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADOPTING THE FINDINGS OF THE CITY OF MIAMI ("CITY") PHASE II STORMWATER MANAGEMENT MASTER PLAN, DATED FEBRUARY 17, 2012, PREPARED BYADA ENGINEERING, INC., ATTACHED AND INCORPORATED, SERVING AS A TOOL TO ANALYZE AREAS OF FLOOD CONCERN WHICH IMPACT PUBLIC SAFETY AND PROPERTY LOSS; FURTHER RECOMMENDING APPROVAL OF THE FINDINGS, MEASURES AND LOCATIONS CONTAINED THEREIN. 12-00394 Summary Form.pdf 12-00394 Legislation.pdf 12-00394 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo R-12-0194 Chair Suarez: RE.6. Albert Sosa: Albert Sosa, Director of Capital Improvements. RE.6 is the City's stormwater master plan. It's phase II of the plan. Phase I was approved last year. This City needs to have an approved stormwater master plan as a part of our national flood insurance program as well as for grant applications that we do on a regular basis. Chair Suarez: Thank you, Mr. Sosa. Is there a motion? Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Gort. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. Commissioner Gort: How often do we have to do this? Mr. Sosa: We do it about every five years. City of Miami Page 40 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 RE.7 12-00404 Department of Planning and Zoning RE.8 12-00076 Department of Management and Budget Commissioner Gort: Every five years. Thank you. Mr. Sosa: Approximately, yes. Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING, PURSUANT TO SECTION 62-619 (C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THE ONE TEMPORARY BANNER PER YEAR LIMITATION TO ALLOW PUBLIC SERVICE ANNOUNCEMENTS AT THE PROPERTY LOCATED AT 1 HERALD PLAZA, MIAMI, FLORIDA, BEGINNING MAY 31, 2012 AND ENDING MAY 31, 2013. 12-00404 Summary Form (05/10/12).pdf 12-00404 Legislation (Version 2).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) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item RE. 7 was deferred to the May 24, 2012 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING AMENDMENTS TO APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2012. 12-00076 Summary Form.pdf 12-00076 Memo - Information for FY' 11-12.pdf 12-00076 Legislation.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo R-12-0196 Chair Suarez: Let's go, guys. We got to do one more item. It is RE.8. Is there a motion? Danny Alfonso (Director, Management & Budget): Wait, wait, wait. Got to make an amendment. Chair Suarez: Go ahead. Amend it on the record. Let's go. Mr. Alfonso: Danny Alfonso, Budget director, City ofMiami. Item RE.8, I need to make a floor amendment on non -departmental accounts and transfers out. We need to allocate an additional $32, 000 to the transfer that was slated for Community Development. I am reducing the transfer that was being made to Civilian Investigative Panel. To offset the number, the Civilian Investigative Panel does not need the allocation because they have carryover from prior year. The budget doesn't change at all. It just changes the transfer and we allocate the additional 32,000. City ofMiami Page 41 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chair Suarez: Thank you, Mr. Alfonso. Is there a motion? Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Gort, second by Commissioner Spence -Jones. All in favor, signift by saying, iiye. " The Commissioners (Collectively): Aye. Chair Suarez: Passed unanimously. Meeting adjourned. RE.9 RESOLUTION 11-01187 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Attorney ACCEPTING A PAYMENT TO THE CITY OF MIAMI IN THE AMOUNT OF $660,409.57, IN SETTLEMENT OF ALL CLAIMS AND DEMANDS FOR THE FINAL AUDIT OF CHOICE ENVIRONMENTAL SERVICES OF MIAMI, INC., PRIOR TO CONSIDERATION OF THE TRANSFER OF THE CITY OF MIAMI COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO EFFECTUATE THE SETTLEMENT AND AUTHORIZING THE CITY MANAGER TO GRANT AND EXECUTE A NEW FRANCHISE AGREEMENT WITH CHOICE ENVIRONMENTAL SERVICES OF MIAMI, INC. 11-01187 Memo - Office of the City Attorney.pdf 11-01187 Legislation (Version 2).pdf 11-01187 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) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item RE.9 was deferred to the May 24, 2012 Commission Meeting. Chair Suarez: RE (Resolution) -- Commissioner Carollo: Eight. Chair Suarez: No, eight is going to be tabled. Commissioner Gort: Okay. Chair Suarez: Nine is deferred. Ten -- are we good on ten and eleven? Okay, RE.10. Commissioner Spence -Jones: Can I just ask a question. I know number nine is deferred. Do we know the reason why? 'Cause we don't have a settlement amount now? Johnny Martinez (City Manager): Yes. We have a settlement amount, and l just wanted you to be able to absorb the amount 'cause giving it to you the night before is not -- Commissioner Spence -Jones: Oh, okay. City of Miami Page 42 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Mr. Martinez: -- sufficient time for it. Commissioner Spence -Jones: But it is the settle -- Mr. Martinez: It's a good settlement. Commissioner Spence -Jones: Oh, really. Mr. Martinez: And -- Commissioner Spence -Jones: But you just can't say what the settlement is? Mr. Martinez: Yeah, $660, 000. Commissioner Spence -Jones: Okay. Mr. Martinez: We were 100,000 -- Commissioner Spence -Jones: This is something that was not really contemplated in our -- Mr. Martinez: -- dollars off and we got $70, 000 back, so it's very good. Commissioner Spence -Jones: Good. Mr. Martinez: We got 70 percent of what the difference was. Commissioner Spence -Jones: Wonderful. Commissioner Gort: This is one of the items that we were discussing with the -- with Solid Waste. We sat down with them and this is how we got this. And (UNINTELLIGIBLE) department work very strongly on this too. Andl believe there's additional funds coming in. RE.10 RESOLUTION 12-00488 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Facilities AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND GROVE KEY MARINA, INC., A FLORIDA FOR PROFIT CORPORATION ("LICENSEE"), FOR THE USE OF CITY -OWNED REAL PROPERTY AND IMPROVEMENTS CONTAINING 5.24 ACRES OF UPLAND PROPERTY AND 0.47 ACRES OF SUBMERGED PROPERTY LOCATED AT 3385 PAN AMERICAN DRIVE, MIAMI, FLORIDA, FOR THE PURPOSE OF OPERATING AN EXISTING MARINA AND AN EXISTING OUTDOOR CASUAL RESTAURANT WITH THE LICENSEE TO PAY TO THE CITY THE GREATER OF A MINIMUM MONTHLY USE FEE OF FIFTY-THREE THOUSAND TWO HUNDRED DOLLARS ($53,200), PLUS STATE OF FLORIDA USE TAX, IF APPLICABLE, OR A PERCENTAGE OF GROSS SALES, WITH ADDITIONAL TERMS AND CONDITIONS, AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. City of Miami Page 43 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 12-00488 Summary Form.pdf 12-00488 Legislation.pdf 12-00488-Legislation-Version 2.pdf 12-00488-Memo-City Manager -Substitution for RE.10.pdf 12-00488-Exhibt 1-SUB.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo R-12-0199 Chair Suarez: RE.10. Is there somebody going to present on RE.10? It's a resolution of the City ofMiami Commission, with attachments, authorizing the City Manager to execute a revocable license agreement in substantially the attached form, between the City ofMiami and Grove Key Marina, Inc. for the use of City -owned real property improvements, et cetera, et cetera, et cetera. Is there a motion? Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Gort. Is there a second? Commissioner Spence -Jones: Second. Discussion. Chair Suarez: Second by Commissioner Spence -Jones for discussion. Henry Torre (Director, Public Facilities): I apologize. Henry Torre -- Chair Suarez: No, no, no. That's okay. Mr. Torre: -- Director of Public Facilities. Chair Suarez: We're moving quick. Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: Does he need to put anything on the record? Chair Suarez: Do you want to put anything else on the record? Commissioner Spence -Jones: You should. Mr. Torre: No. I think we're fine. Chair Suarez: Okay. Thank you. Commissioner Spence -Jones: You don't want to put nothing on the --? Okay. The only thing that wanted to just be clear on -- maybe this -- Madam City Attorney or the Mayor -- Manager can just clear this up. We're doing this as a month -to -month -- Mr. Torre: Correct. Commissioner Spence -Jones: -- lease until it actually goes out or is it out already? Chair Suarez: It's out. City ofMiami Page 44 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Mr. Torre: The RFP (Request for Proposals) is out. Chair Suarez: It's out. Commissioner Spence -Jones: Okay, it is. Mr. Torre: Yes, ma'am. Commissioner Spence -Jones: Okay. So just so I'm -- you can put it on the record so that people at home will know what the process is and the steps because we can't assume that everybody knows. Can you at least make sure you put that on the order, the steps -- Mr. Torre: Absolutely. Commissioner Spence -Jones: -- and what, you know, we're doing in order to make sure the information goes out there? Mr. Torre: Absolutely. An RFP was sent out; has been out. The RFP results are due June 14. In the interim, we need a -- to continue the operations of the marina and the restaurant, we do have this revocable license agreement that will ensure continued operation -- Chair Suarez: And there -- Mr. Torre: -- until the referendum. Chair Suarez: There is a substitution, correct -- Mr. Torre: No, there's not. Chair Suarez: -- on this? There's not a substitution? Mr. Torre: No. Chair Suarez: The Clerk has a substitution. Todd Hannon (Assistant City Clerk): I'm sorry, Chair. For RE.10I do have a substitution for item RE.10, revocable license agreement with Grove Key Marina, Incorporated. Julie O. Bru (City Attorney): I believe that there was a substitution, but it was distributed on time. Chair Suarez: Right. Mr. Torre: On time, correct. Chair Suarez: No. I'm not saying - Ms. Bru: Right. Chair Suarez: -- that it's in any way, you know, flying in the face of the five-day rule. I'm just saying that -- Mr. Torre: Oh, okay. City of Miami Page 45 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Ms. Bru: Right. Chair Suarez: -- just want to clarify for the record that what we're voting on is as modified. Ms. Bru: Right. Mr. Torre: Yes. Chair Suarez: Correct? Mr. Hannon: It -- as is. Mr. Torre: Correct. Chair Suarez: Or as is. I'm sorry. Commissioner Gort: As is. Chair Suarez: You're right. Mr. Torre: Correct, correct. Mr. Hannon: 'Cause it made it -- Chair Suarez: My apologies. Mr. Hannon: -- to the agenda before there were any additional changes. Ms. Bru: Right. Let me just -- just to be clear. There was a substitution that was included in a timely fashion, so that will be what you're voted [sic] on. Additionally, we have further modified the document, but it was just for purposes of clarifying some of the terms, nothing substantive. So you're approving an agreement in substantially the attached form. The final agreement that'll be executed may not be exactly the same as what you're voting on, but the changes are more just to make sure that it -- what is being said by the parties is clear. Chair Suarez: Okay. Ms. Bru: And then last but not least, I just want to clarify that this is not a lease. This is not a month -to -month lease. The lease between the parties has been terminated. This is a license. This licensee cannot assign this license. It's revocable at will. So it is not a lease. Chair Suarez: Thank you. Ms. Bru: Okay. Chair Suarez: Is -- there's a motion and a second. Any further discussion? Commissioner Carollo: Mr. Chairman. Chair Suarez: Commissioner Carollo, you're recognized. Commissioner Carollo: It's not directly towards this item, but it deals with this item. It's something that know we spoke about and guess as part of my discussion item with regards to RFP and it's something that we discussed previously in this Commission, especially -- andl City of Miami Page 46 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 remember I think the issue was the trolley system and the maintenance of the trolleys and stuff like that. However, the RFP had already gone out. We couldn't break it up and something that, you know, made sense. Realistically, we couldn't act because it hadn't come to the Commission beforehand, andl think it was Commissioner Gort that had mentioned as far as some of these RFPs coming before us, before it actually goes out. Now, with that said -- I'm giving a little history -- it's my understanding that an RFP has either gone out or will be going out with regard to some of these City -owned properties. Andl wanted to ask with regards to the RFP, we never got to see it beforehand andl just want to make sure -- 'cause I want to maximize dollars -- I want to make sure that our financial team took a look at it because it seems to me that the RFP is going out where the marina is tied to a restaurant and not necessarily broken up where, first of all, can the City ofMiami run a marina, you know? 'Cause, realistically, we've run -- we do run certain marinas and it seems like we're profitable andl don't know if that's even being, you know, considered. So before an RFP goes out, I want to ask these questions. I want to make sure that, you know, we're going to maximize our revenues. I want to make sure that our financial team has had a chance to look at it. So, again, it's not directly to this RE.10 because this -- you know, it's just a continuance of what we have right now, with some exceptions, but more into the RFP process with regards to Grove Key, Scotty's, you know, Chart House. So I don't know if someone could answer. Commissioner Spence -Jones: And l just want to just piggyback on that because I know that this is something we talked about a few months ago and that's why I just asked if the RFP went out because I don't know if any -- if that information was even shared -- I know it wasn't shared with us on -- Commissioner Carollo: Right. Commissioner Spence -Jones: -- any input that we had on the RFP. So I know that we just got something from you on the James L. Knight Center -- Mr. Torre: Correct. Commissioner Spence -Jones: -- for us to give input, so I just think that the -- I'm going to just piggyback on what you're saying, Mayor [sic] Carollo, that we need to be consistent, you know. We can't say we can have input on one RFP but not have one on the other. So can you let me know who actually participated in that process? Mr. Torre: The RFP for this particular Grove Key Marina and Chart House, it was the entire Administration was involved, Planning, Zoning, Public Facilities, City Manager's office. Commissioner Spence -Jones: Was any of the Commissioners involved in that as well? Johnny Martinez (City Manager): The district Commissioner was intimately involved with -- Commissioner Spence -Jones: Okay. But -- and that's good. Commissioner Spence -Jones: -- the language and the items. Commissioner Spence -Jones: I'm glad that he was involved, but we should have all had input on it. Mr. Torre: So going forward, what you're saying is you want involvement -- Commissioner Spence -Jones: I mean -- City ofMiami Page 47 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Mr. Torre: -- from the City Commission? Commissioner Spence -Jones: -- I'm not -- I'm only one person, butt mean, I would think that at least we would have -- Commissioner Carollo: Well -- Commissioner Spence -Jones: -- input on - Commissioner Gort: I think we -- Commissioner Spence -Jones: -- all the RFPs. Commissioner Gort: -- stated before going forward, we would like to -- a lot of the places -- and let me tell you, I've been answering RFP because my -- the line of business I'm in for the last 25 years. And RFPs will go to the Commissioners and the Commissioner will approve it after it's been done because a lot of times you have an RFP, you put it together, but there's certain things that we could put or delete and -- Commissioner Spence -Jones: Yes. Commissioner Gort: -- I think it's to have the input. Mr. Torre: Okay. Commissioner Gort: In other words -- Commissioner Carollo: Mr. Chairman. Commissioner Gort: -- an RFP, before it goes out, send it to us, let us read it, and we send it right back. Chair Suarez: Commissioner Carollo. Commissioner Carollo: Thank you. Mr. Torre: Not a problem. Commissioner Carollo: And as a follow-up, you know, I heard different departments involved. I still not hear -- did not hear one that I asked, the CFO (Chief Financial Officer) and the Finance Department. Commissioner Spence -Jones: Were they involved? Commissioner Carollo: Because -- I want to know if there's been some analysis made with regards to the City running that marina as opposed to someone else, and how could we maximize our dollars. Has that been done? Mr. Torre: Commissioner, I cannot answer that. Mr. Martinez: No, that has not been done. Commissioner Carollo: That has not been done? City of Miami Page 48 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Mr. Martinez: No. Commissioner Carollo: Okay. These are things that before it goes out, I really believe we need to --I mean, I've been here two -- over two years and I'm going on deaf ears. I keep saying this. We need to have financial analysis. I mean, are we looking at a $40 million deficit for next year or not? 'Cause if not, let's start spending money like -- Commissioner Gort: No, no, no, no. Commissioner Carollo: -- you know, drunken sailors, I guess. Commissioner Gort: No, no, no, no. Commissioner Carollo: But if we are, then we really need to see how we maximize our revenues. We need to see how we bring in more revenues to the City ofMiami because either we bring in more revenues or we cut some more. Now, I know the employees have seen cuts for three straight years so, realistically, we have another opportunity with another jewel of the City ofMiami, andl want to make sure we are going to maximize our revenues. I want to make sure we do our due diligence so -- and that was part of my discussion item that I actually had for today with regards to RFP. Mr. Torre: Commissioner, ifI can add -- Chair Suarez: And let me just say -- Mr. Torre: Go ahead. Chair Suarez: -- something, which is, you know, I'm a big believer in you take your hits upfront, you know, andl think part of the danger in doing it the way that we've been doing it is then at end of the process, once it's done and it's delivered to us, we see a variety of flaws in the process and we have no other choice but to reject it. So, you know, we've had many, many times where we've had to reject something 'cause we didn't feel there was sufficient local preference or whatever we felt was deficient with the RFP. So I think it's in the best interest of the Administration to bring it to us so that we can analyze it and give our policy objectives and then -- or even do it on a macro basis. If it's too cumbersome to do it on an individual basis, do it -- or just do it on big RFPs, you know, or something like that. I don't know, but -- Commissioner Spence -Jones: Can -- Commissioner Carollo: And I'll go a step further. Not only do we sometimes have to reject them; sometimes we have to approve them, like we did the trolley system even though we clearly saw. I remember the representative from the general employees union coming up. He brought up a very excellent point with regards to the maintenance. Listen, for the first five years, realistically, we could do the maintenance ourselves 'cause it's just an oil change. It's no big deal. And it made perfect sense. However, we couldn't break that RFP already. So what happened? We ended up approving it, even though, realistically, if we would have done it from the beginning, maybe we could have saved some money there. Mr. Torre: Right. Commissioner Spence -Jones: And l just want to add because I don't know what the RFP includes at all. Does it have the, as he stated, local preference? Does it have the jobs portion? Does it have the small businesses in there? Does it have that in there? City ofMiami Page 49 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Mr. Torre: On this one, it does not. But I will say the -- to answer your question more directly in regards to what the RFP -- Commissioner Spence -Jones: The RFP doesn't have any of that in there for jobs -- Mr. Torre: No, it doesn't. Commissioner Spence -Jones: -- and small businesses? Mr. Torre: That was not addressed. Commissioner Gort: That is put in the contract. Mr. Torre: As far as minimum jobs, it was not. Commissioner Spence -Jones: Huh? Commissioner Gort: You can put that -- an RFP can be approved, but then you have to have a contract. Now my understanding is, the information that I received was it's an open RFP. The people could answer for -- to do the whole complex or they can answer do an individual complex. Mr. Torre: Correct. Commissioner Gort: And then the best offers the one to be analyzed. My understanding is, after that takes place, it's got to come back and have a contract with the City that has to be approved by us. Mr. Torre: Correct. Commissioner Spence -Jones: But -- Mr. Torre: Correct. Commissioner Gort: Where we can put all the requirements that we want to put in the contract. Commissioner Spence -Jones: Okay. I guess my question would be also, even though it's out now, if the RFP's out, we still can add to the RFP, right? Mr. Torre: We can amend the RFP. Commissioner Spence -Jones: So I would just like to get a copy of it -- Mr. Torre: Okay. Commissioner Spence -Jones: -- you know, now. Mr. Torre: It is available online. Commissioner Spence -Jones: Okay. Mr. Torre: On the -- Commissioner Spence -Jones: But if we could just get a copy of it. City of Miami Page 50 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Mr. Torre: Absolutely. Commissioner Spence -Jones: And then if there's any input that we can give, you can always add to the RFP because I think always -- I thought that our main goal up here is to make sure small businesses, you know, local preference, and making sure that, you know, people have the opportunity to participate, you know, from a job perspective in anything that's going on. Mr. Torre: Let me correct myself on one thing. The grading scale that's located in the RFP does have a section in regards to local participation of businesses, but it does not have detail like some of the other RFPs we've worked on that has, you know, guarantee of 40 or 50 percent employees from the City ofMiami. Commissioner Spence -Jones: Okay. Chair Suarez: And -- Commissioner Spence -Jones: That's something we can make some adjustments on. Mr. Torre: Okay. Chair Suarez: Andl think we should do the analysis of the City operating it versus it being operated by a private company because that myth is kind of out there that the City can somehow do something that no other cities can do, which is operate something more efficiently than the private sector. So I think it's something that the former manager andl often debated vigorously, but I think it's important to have financial analysis of -- so we know what we're talking about. It's not just -- I don't think it -- you know, I -- my opinion is this and my opinion is that. It really shouldn't be about, you know, what people think. It should -- or what logic dictates. It should be about what the numbers specify. So I would like to see that because -- Mr. Torre: Okay. Chair Suarez: -- I have a feeling that that will put this issue to rest once and for all. But, you know, I think without the analysis and without looking at the underpinnings of the analysis, it's just somebody's opinion against someone else's opinion. Mr. Torre: Without getting into too much specifics 'cause I know we're under a Cone of Silence, a big motivation behind this is the large capital expense required to upgrade those facilities. Chair Suarez: And you have to include that in the operation and maintenance. Mr. Torre: Right. Correct. Chair Suarez: And that's -- when you do the analysis, the financial analysis -- and I think when you start really putting in everything into the analysis, all of a sudden that huge supposed profit margin starts dwindling and dwindling and dwindling and dwindling to the point where -- it's just -- that's just the way it is. I mean, it -- that's the way it's always been. But anyhow -- Commissioner Carollo: And Mr. Chairman. Chair Suarez: Sure. Commissioner Carollo: I'm sorry that I brought it up now. Maybe I should have held up -- City ofMiami Page 51 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chair Suarez: No. Commissioner Carollo: -- to my discussion item. Chair Suarez: That's fine. Commissioner Carollo: But I thought, you know, since we're speaking about this, it needs to come up. And listen, I think -- you know, I am very consistent, you know. And I've always said, hey, I don't mind voting something up or down and this Commission voting something up or down. However, I need the due diligence to be done. I need the information and ample time to study the information in order for me to vote it up or down. You know, ifI don't receive that information, then realistically, I can't do my job properly. Chair Suarez: Agreed. Commissioner. Commissioner Spence -Jones: No. (UNINTET,TIGIBT,F). Chair Suarez: No, no. Commissioner Gort. He asked me for the floor. Commissioner Gort: No. I'll discuss it later. Chair Suarez: Okay. Commissioner Gort: No. Wait a minute. Chair Suarez: Okay, go for it. Commissioner Gort: Let me ask you a question. A lot of time I know the Administration's got a lot of things to do, but a lot of things -- a lot of times we request things by the Commission to be done. I'd like from now on any request that we have from the Commission, the next following meeting come back with what's been done according to our request, all right? In other words, right now we're requesting that certain action to be taken by the Administration. I want you -- when you come back, at least this is what I'd like to see -- Chair Suarez: Sure. Commissioner Gort: -- what has the Administration done to comply with that request. Chair Suarez: Thank you. Commissioner Gort: Because there's a lot of request that we place in here. A lot of times we don't get the feedback andl think it's important, and it's important that we talk to each other. I mean, we need all the departments -- I had an incident happen in my district the other day because people not talking to each other. Chair Suarez: Okay. It's been moved and seconded. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously RE.11 RESOLUTION 12-00471 City of Miami Page 52 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND CHLN, INC., A FOR PROFIT CORPORATION ("LICENSEE"), FOR THE USE OF CITY -OWNED REAL PROPERTY AND IMPROVEMENTS CONTAINING 1.86 ACRES OF UPLAND PROPERTY LOCATED AT 51 CHART HOUSE DRIVE, MIAMI, FLORIDA, FOR THE PURPOSE OF OPERATING AN EXISTING WATERFRONT RESTAURANT WITH THE LICENSEE TO PAY TO THE CITY THE GREATER OF A MINIMUM MONTHLY USE FEE OF THREE THOUSAND DOLLARS ($3,000), PLUS STATE OF FLORIDA USE TAX, IF APPLICABLE, OR THREE AND ONE-HALF PERCENT OF MONTHLY GROSS SALES, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 12-00471 Summary Form.pdf 12-00471 Legislation.pdf 12-00471 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo R-12-0195 Chair Suarez: RE.11. Henry Torre (Director, Public Facilities): RE.11 is a resolution authorizing the City Manager Chair Suarez: It's a companion, right, to RE.10? It's a companion? Yeah. Is there a motion onRE.11? Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner Spence -Jones. Commissioner Gort: Second. Chair Suarez: Is there a second? Second by Commissioner Gort. All in favor, signift by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. RE.12 RESOLUTION 12-00201 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Attorney AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS CANCELING AND TERMINATING THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND OLYMPIA BUILDING PARTNERSHIP, LTD., INCLUDING TERMINATION AND CANCELLATION OF THE SUBLEASE City of Miami Page 53 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 WITH OLYMPIA RESIDENTIAL BUILDING PARTNERS, LTD., TRANSFERRING POSSESSION OF THE COMMERCIAL AND RESIDENTIAL PROPERTY TO THE CITY OF MIAMI, ASSIGNING ALL EXISTING COMMERCIAL AND RESIDENTIAL TENANT LEASES TO THE CITY OF MIAMI, RELEASING OLYMPIA BUILDING PARTNERSHIP, LTD., OF ALL COVENANTS, CONDITIONS, AND OBLIGATIONS ARISING UNDER THE LEASE, SATISFYING LEASEHOLD MORTGAGES, AND ACCEPTING THE TRANSFER OF TENANT SECURITY DEPOSIT FUNDS FROM OLYMPIA BUILDING PARTNERSHIP, LTD., IN SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE OLYMPIA BUILDING PARTNERSHIP, LTD., IN THE CASE OF CITY OF MIAMI VS. OLYMPIA BUILDING PARTNERSHIP, LTD., PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 03-28667-CA-27. 12-00201 Memo - Office of the City Attorney. pdf 12-00201 Legislation.pdf 12-00201 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) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item RE. 12 was deferred to the May 24, 2012 Commission Meeting. RE.13 RESOLUTION 12-00363 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Facilities AUTHORIZING THE CITY MANAGER TO EXECUTE A MANAGEMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR A FIFTEEN (15) YEAR INITIAL TERM, WITH UP TO THREE (3) FIFTEEN (15) YEAR TERM OPTIONS TO RENEW, WITH OLYMPIA CENTER, INC., A FLORIDA 501(c)(3) NOT -FOR -PROFIT ORGANIZATION FOR THE ADMINISTRATION, OPERATION AND MANAGEMENT OF THE RESIDENTIAL AND COMMERCIAL RETAIL PORTION OF THE HISTORIC GUSMAN CENTER FOR THE PERFORMING ARTS PROPERTY LOCATED AT 174 EAST FLAGLER STREET, MIAMI, FLORIDA 33131; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER NECESSARY DOCUMENTS FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO COMPLY WITH REQUIREMENTS OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, THE CITY OF MIAMI'S OBLIGATION UNDER THE SUNSHINE STATE LOAN POOL PROGRAM AND THE CITY OF MIAMI'S HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENTS BOND PROGRAM, SUBJECT TO AN APPROVING OPINION OF BOND COUNSEL. 12-00363 Summary Form.pdf 12-00363 Legislation (Version 2).pdf 12-00363 Exhibit 1.pdf City of Miami Page 54 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 RE.14 12-00484 Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item RE.13 was deferred to the May 24, 2012 Commission Meeting. RESOLUTION District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Commissioner ACKNOWLEDGING THE INTENT OF THE SOUTHEAST OVERTOWN/PARK Michelle Spence -Jones WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") TO OBTAIN DEBT FINANCING, IN AN AMOUNT NOT TO EXCEED FIFTY MILLION DOLLARS ($50,000,000) ("CRA DEBT OBLIGATIONS"), TO FINANCE THE CRA'S REDEVELOPMENT ACTIVITIES AS SET FORTH ON "EXHIBIT A", ATTACHED AND INCORPORATED; DELEGATING TO THE CRA THE AUTHORITY TO ISSUE AND SELL BONDS WITH RESPECT TO THE CRA DEBT OBLIGATIONS; DETERMINING AND ACKNOWLEDGING NO LIABILITY ON THE PART OF THE CITY OF MIAMI FOR REPAYMENT OF THE CRA DEBT OBLIGATIONS, FOR DISCLOSURES RELATED THERETO AND FOR CONTINUING COMPLIANCE RELATED THERETO AND REQUIRING THE CRA TO INCLUDE ALL SUCH LIMITATIONS AND INDEMNIFICATIONS IN ALL DOCUMENTS, INSTRUMENTS, AND INFORMATION RELATED TO THE CRA DEBT OBLIGATIONS. 12-00484 Legislation. pdf 12-00484-Exhibit 1-SUB.pdf 12-00484-Submittal-Email. pdf 12-00484-Submittal-Draft Legislation-05-10-12.pdf 12-00484-Submittal-Letter-Bishop James Adams. pdf 12-00484-Submittal-Newspaper Articles. pdf Motion by Chair Suarez, seconded by Commissioner Spence -Jones, 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 R-12-0197 Chair Suarez: What's left? That was a joke. Commissioner Spence -Jones: Mr. Chairman, I do know that the item, RE.14, which is a CRA (Community Redevelopment Agency) Board item -- Chair Suarez: Time certain. Commissioner Spence -Jones: Yeah, we have a -- Chair Suarez: Three o'clock. Commissioner Spence -Jones: -- time certain at 3 o'clock. I just want to make sure we're able to actually hear that item. I do like -- I would like to put on the record -- 'cause I know that my fellow colleague is not here and he has requested that we defer the item. I don't know if you want to officially read something into the record, but I would like for us to at least address that City of Miami Page 55 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 at the 3 o'clock hour so at least that is actually read into the record as we address the item. Johnny Martinez (City Manager): That is correct. Commissioner Spence -Jones: Okay. Mr. Martinez: When the item comes up at 3 o'clock, the City Clerk will read the request by Commissioner Sarnoff to defer the item. Commissioner Spence -Jones: Okay. Chair Suarez: Thank you. And I also have a request for time certain for a pocket item of yours with reference to the Magic City Casino at 2 p.m. Commissioner Spence -Jones: Okay. Chair Suarez: Okay. So those are the pocket items, and we've deferred your items so I don't know -- okay. [Later...] Chair Suarez: Twelve and thirteen are deferred. Fourteen is going to be held -- is going to be heard at -- time certain. And then we have only discussion items. So, Mr. Hannon, I think -- what I'd like to do -- Mayor Tomas Regalado: Can I -- Chair Suarez: You're missing somebody? Mayor Regalado: Chairman. Chair Suarez: What I'd like to do -- you want to register a vote? Commissioner Gort: The Mayor. Commissioner Carollo: For -- Chair Suarez: We voted on the last two, yeah. We voted on -- Commissioner Carollo: It doesn't matter. Chair Suarez: Yeah, yeah. That's fine. Mayor Regalado: Chairman. Commissioner Carollo: I do -- however -- Mayor Regalado: Sony. Chair Suarez: Hold on a second. Commissioner Carollo: There -- you just mentioned as far as some of the other items. Chair Suarez: Yeah. City of Miami Page 56 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioner Carollo: I want to discuss one item, the -- just briefly. Chair Suarez: Which is it? Commissioner Carollo: The discussion item we're going to have at 3. Or, actually, not a discussion item. It's actually an item. Chair Suarez: It's an RE (Resolution). Commissioner Carollo: It's RE.14 -- Chair Suarez: Resolution. Commissioner Carollo: -- at 3 p.m. Chair Suarez: Right. Commissioner Carollo: I was told that a Commissioner want a deferral. I can tell you that at the same time, I have tried to meet with some of the Administration on this. I'll go a step further. The lead attorney for the bond offering of the CRA, I was scheduled to meet with him last night, andl am very disappointed to say that was not unable [sic] to meet with him because he left 'cause he didn't want to miss a tip-off to the Heat game. I think that's unacceptable. Let me tell you something, we're all Heat fans. I'm a Heat fan. But I think we need to get our priorities straight, and I'm very disappointed about that. At the same time, you know, I have been consistent with regards to financial information and having ample time to study this. I still haven't spoken to the CRA attorney, you know, in charge of all this bond offering. Now, you know that there was a lot of discussion yesterday. There was a lot of meetings and whatnot, but you know -- so I know the Manager said he wanted to bring it up at 3 p.m. with regards to -- I don't know if it's a letter or an e-mail (electronic), but I know I was told that one of the Commissioners was requesting a deferral. Commissioner Spence -Jones: Right. Commissioner Carollo: So. Commissioner Spence -Jones: And thank you for bringing that up, andl think mentioned that in the beginning of the meeting that I did -- we will read that into the record at 3 o'clock and we should be able to discuss all those matters. As a matter of fact, when the City -- when the CRA attorney come, you can address that on the record with him about the Heat game. I really feel it's important for us to address this issue. We have several people from the community coming out for this issue, and I would really like for all of the Administration to hear from the community regarding this issue. After that point, then we'll make a decision. But I think that it's important for us to follow through. I think it's important to hear from the community at 3 o'clock. Chair Suarez: Thank you. [Later...] Commissioner Spence -Jones: I just -- Mr. Chairman, I -- Chair Suarez: Sure. City of Miami Page 57 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioner Spence -Jones: -- I would like to just at least have a brief discussion before we go into break. Chair Suarez: Sure. Commissioner Spence -Jones: I just had a conversation with our Manager andl just want to be clear before our 3 o'clock meeting -- Chair Suarez: Sure. Commissioner Spence -Jones: -- on a few issues that are like really nagging at me in a very wrong -- in a very bad way. I really want, before we discuss the item at 3 o'clock, for at least my fellow colleagues to understand the urgency around the matter. I think that in the midst of the last 48 hours, I think that what has been somewhat communicated to my fellow colleagues has been a little colored. And we all know that a memo or information can be sent out and then all of a sudden it becomes bigger than what it was intended to be and it starts to, you know, spiral out of control. I want to officially like say that on the issue of the funds for the Overtown area, that the item that we're voting on or would be voting on today would be more of a -- andl just want to be clear. We're not actually voting on the allocation or the bond or any of that because that information would actually be coming back to us before we would vote. This is -- I don't want to use the word ceremonious kind of thing. Chair Suarez: Ceremonial. Commissioner Spence -Jones: Yeah. It's really to let the people of Overtown know that things are finally moving in the right direction. I never -- I want to walk in a very peaceful way 'cause I don't want to ever say anything bad about anybody. I really want to do things right. Andl just really have to say thatl really feel as though that there have been efforts to sabotage this effort not by my fellow colleagues. Andl want to say this about even Commissioner Sarnoff. Commissioner Sarnoff, since I've been back, has been very supportive on all my issues. I think people take pleasure in creating divisions between all of us -- Chair Suarez: Of course. Commissioner Spence -Jones: -- and especially because in the past perhaps Commissioner Sarnoff andl were, you know, butting heads in -- during my first term, but we have gotten so far beyond that, andl think that there are some people that glory in the fact of creating that division. And I'm just --I'm very disgusted with the former executive director of the CRA, you know. I think that the fact that, you know, there are a lot of undertones and side conversations that have been had with the Administration has created this sense of panic, and to hear from the staffers that service on both CRA boards that when this item was being addressed on Monday to be deferred by the district Commissioner, that it was almost like a joking matter, like laughing like this is not going to happen. I'm telling you it's not going to happen. Andl -- it took everything in me to, you know, not go over there and go off because I just -- it's wrong to continue to have people wait that have been waiting forever. Andl just want to make sure that my fellow colleagues in the midst of all of this, we're not getting played. Andl have heard from several different individuals that -- you know, different stories around the issue, and what really bothers me and disturbs me the most about all of this -- andl had this conversation with the Mayor and the whole entire staff yesterday -- is I'm really getting tired of you telling us part of the information and then when we're moving in the direction of getting something done, then you add three or four different things on there that you could have just said in the very beginning when we voted on this item, with all due respect to Commissioner Carollo; he was not in attendance. We voted on this item two weeks ago, two and a half weeks ago at the Overtown CRA meeting. At that particular time -- andl can -- I could just tell how the things are written, City of Miami Page 58 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 you know, the undertones in it even in today's paper, you know, that we rushed an item, which we know that wasn't true. There was discussion around it. But you know that there's more to it than what's being communicated, and) say that to say we talked about this item two weeks ago. It was understood that it would be coming in front of us. The only change that the Administration asked me to do at that particular time was, Commissioner, there's some additional debt that the Overtown CRA we would like for them to pick up on the sunshine state loan. Originally, I was very concerned about it because I felt that it was the Park's responsibility to do that, but I was willing to bend and say, okay, take the $8 million that it should be allocated towards the overall area for future development. We'll take that. Pay off the old loans so that this City doesn't have that burden, and then we would pay whatever additional costs that was necessary that the Overtown CRA could pick up. Didn't have a problem with it. Think it came to the tune of $10 million that we would be taking out of that, so even that amount now is reduced down. Never during those briefings and never during any of those conversations was it said to me -- and) don't know in your briefings if it was said -- well, Commissioner, we have some concerns with doing this because the City has some obligation on the port tunnel. The port tunnel never came up as a discussion. And the reason why you saw, you know, me heated about this is because all you had to do was say in the very beginning when you sat down to even put the item on the agenda, Commissioner, we think that -- we think it's great that Overtown is (UNINTELLIGIBLE) and we support it 100 percent, but these are our challenges. I didn't find out until 48 hours ago that the City was responsible for paying back the debt on the port tunnel because I wasn't here when you guys voted on it, when Carlos did it. I was always under the assumption that those dollars were going to be coming from the Overtown CRA. Chair Suarez: From the Omni CRA. Commissioner Spence -Jones: Omni CRA. Chair Suarez: Right. Commissioner Spence -Jones: Right, Omni CRA. And to learn 48 hours, being the Chair, that that is the issue, I'm going to support my colleague. I'm not going to go against Commissioner Sarnoff. I know he's trying to get things done too. But I don't appreciate the Administration. I don't appreciate people trying to create divisions, you know, on this dais or on that City board when we're trying to get stuff done. I think it's disrespectful not only to the City Commissioners; I think it's disrespectful to the residents and) think it's disrespectful to the management that have to run the City. And it doesn't make sense for this place to be filled up today at 3 o'clock with people angry once again about Overtown being overlooked. It makes no sense. And then at the end of the day, we look like villains sitting up here once again taking something from Overtown because you have people that are doing underhanded stuff to create an issue that really isn't a issue. So I was going to try to hold this part of my discussion until 3 o'clock, you know, butt know that once people come here and they hear how impassioned) am about the situation, they're going to be enraged, you know, and) don't want to ever put you guys in that position, but I do want you to understand that there are people that are trying to create an issue. And we can never talk because we have the sunshine issue, but I'm just telling you I'm sick and tired of it and I'm not going to allow for it to continue to happen. Commissioner Gort and) have worked very hard. I mean, Commissioner Gort has been the main one saying, God, when are you going to start moving something? When are you going to start moving something? And Commissioner Sanchez same -- I mean, Suarez said the same thing to me; had a big issue with the CRAs. They got money and they're not doing nothing, you know. Now we're able to get something done and then now we have all this going on. So whether or not we vote on the item or not, I think it's important -- we have a responsibility to the residents of Overtown, to the people of Overtown, of this City to let them know that the commitment is still there to support the efforts happening there. But we also need to send a City of Miami Page 59 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 very strong message to individuals that are part of the Administration that are trying to create these divisions. We're not having that. Every particular community should be supported. And I'm just -- I'm really disappointed. More so than that, I'm really hurt with what has come out of the last 48 hours for no reason. Chair Suarez: Thank you. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: I, for one, want to tell my colleague that truly appreciate her words. Believe me, I have felt a lot of what you have spoken about, you know, and I'll go as far as that I know for a fact and -- you know how people do speak even within the Administration that a lot of times information that should be coming to me ahead of time so I can review it does not come to me ahead of time. The numbers do not come to me on time. And my colleagues, I know I haven't been present at the last few CRA meetings, but I think my colleagues will be witness and, if not, go back to the record where many, many months ago I was saying, listen, we have all this money here in both CRAs and it's not being spent. As a matter of fact, month after month every time we had a CRA meeting, I got to a point that I just got tired of it, and after they went through the financials, I said, you know, Miguel, by the way, the same comment thatl made in the last financial meeting, I'm going to make it again, you know, because the truth of the matter is -- andl know Commissioner Suarez began also saying it -- there's a whole bunch of money there and it's not being used. So I truly appreciate your words. You know, I already mentioned, you know, my concerns and it's more timing; give me the time to actually look at the information, go through the information. I really thought it was really disrespectful. And I'll go a step further. What's the urgency when the lead attorney for the bond offering of the CRA leaves and can't meet with me? And you know yesterday there was a lot of conversations -- Commissioner Spence -Jones: Right. Commissioner Carollo: -- between attorneys and -- Commissioner Spence -Jones: Okay. And what I'm going to say to you -- andl think between now -- andl would ask of you between now and the 3 o'clock hour, we will make sure that you get fully briefed on the issue. To me it's not really about the issue of what the vote is today. It's making sure that we understand how important it is for us to progress and move forward in Overtown. I want you to understand, though, what the sense of urgency is because I think this is how the Administration has colored the situation so that you don't fully understand what the issue is, and I'm not speaking about Johnny 'cause Johnny has tried to clear up this craziness that's happening. But here are the reasons why the urgency. The reason why we're really trying to focus on making sure that the items actually -- the item actually passes on 'cause from here, it needs to go to the County. Once it goes to the County -- we're already in May now, which means we probably won't get on the agenda until June, latest, late June. I spoke to Audrey last night. She said as soon as we get it done on this end -- she's supporting it 100 percent. She should be by here today to say that so they can get it on the agenda, but that won't be until June. Then we run into July because they still have to take the documents out whether or not it's -- I don't know, Gort, if it's to loan or to bond or whatever way they're going to do it, and it's going to take time to actually do that. That runs us into the August elections. In August, we already have no meetings taking place in August so we can't even vote on anything really until September/October. So it takes time to do all of this stuff. And this is something -- quite frankly, if you want to know the truth, Commissioner Carollo, this is something that I was doing prior to me being removed from office two years ago so we were already on the fast track to get projects done. And thank God for Commissioner Gort, you know, that has taken the leadership City of Miami Page 60 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 on making sure the four or five projects that we can get built now at least have been vetted out properly because I know that's what he knows how to do and that's not my area. So my concern right now is that we have made a lot of broken promises to the people of Overtown. My concern right now is that these projects are shovel ready and ready to go. You know, they already have financing on their end, on the private send, to make sure that the projects take place, but a lot of this is depending on whether or not, you know, we at least make sure we move this process along. So I don't want to get into too much about the 3 o'clock meeting, but what I would ask you, as my colleague, 'cause I know you don't come to the CRA meetings andl understand that and I've been begging you for the last seven months since I've been -- eight months since I've been back. I can't speak about what has happened prior to me, andl don't know if you've seen what's gone on in Overtown, but at least during my tenure, things were happening in Overtown. This would have been the first time that we actually be able to have physical buildings come up in Overtown. People are tired of me just painting. I can only paint and fix up so much, you know. Right now we got to put people. Yesterday I went to a school meeting, Frederick Douglass in my community, in Overtown. They want to shut that school down because the attendance is low. I mean, historically, Frederick Douglass means a lot to my community. I had to come stand up -- I'm not the school board member -- to fight to say why are you closing it? We're closing it, Commissioner, 'cause we don't have enough kids going to the school. That is wrong. If we get these projects moved, I have 800 new units, which means families coming into those areas. This is the urgency. You know, every time we're not making the investment in those areas -- in that particular area, that community dies and, finally, the people feel like there's some hope and that something's happening and things are moving and then all of a sudden, this happens. And I'm saying if that is the case, don't tell me the ninth hour that we got a problem. I shouldn't have to come here yesterday and sit around a table and you tell me this issue that you could have told me three weeks ago, instead of getting people all excited, all revved up, all disappointed, and to disappoint them; give them another broken promise. It's wrong. Chair Suarez: Okay. Commissioner Spence -Jones: So I'm just asking that you please at least take the time -- Mr. Bloom is on his way to come here. Take the time and listen to what he has to say. We don't have to take the vote today. That ain't the issue. The issue is we need to stop allowing the Administration to play games with us, not when it comes to people. Chair Suarez: And the other issue is there's tremendous needs in Overtown. I think that's the real issue. Okay, so what we're going to do is we're going to -- go ahead, Commissioner. Commissioner Gort: This is what I'd like to ask. I've been involved in this for the last three months. We've been discussing the meetings and everybody -- all the attorneys, financial advisors were there. At no time was mention that they were going to have problem to finance both deals at the same time. At no time. I mean, and everybody was present in all those meetings. At 3 o'clock I'd like to get the information -- Chair Suarez: I agree with that, by the way. Commissioner Gort: -- why that, all of a sudden, came out now and not before. Okay. Chair Suarez: By the way, I just agree with everything that Commissioner Gort just said. Okay, we're going to take -- this is the only thing we have left for the afternoon. We have SR.2. We have RE.14, which is a time certain of 3. We have the Commissioner's pocket item at 2, and we have the budget amendment, which we tabled for the afternoon. So if we are efficient, we should be home early today. We will be in recess until 2 p.m. City of Miami Page 61 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 [Later...] Chair Suarez: Good afternoon, ladies and gentlemen. We have an item that will be starting momentarily. It is RE.14, and it is about the CRA's desire to bond out $50 million for projects in the CRA area. So as soon as we have the Commission -- the Commissioners here, we will start right away. Can we -- can I see a show of hands of people who are here to speak on that item? One, two, three, four. Okay, four people. Unidentified Speaker: Five. Chair Suarez: Five. Oh, I'm sorry. And -- of course. [Later..] Chair Suarez: So as soon as we have at least three Commissioners -- is what we need to conduct business here. Thankfully, Commissioner Edmonson, we don't need seven; we only need three. So we'll get going and we'll get started, so thank you for your patience. And just to clam for those who are going to speak on the item, the four or five people who raised their hand, REs, which is resolutions, are not typically public hearing items, but we will make an exception since you all are here and you want to speak on this issue. The only thing would ask is that you all abide by our ordinance which requires speakers to limit their comments to two minutes, and that's in our ordinance andl ask that you respect that because we want to have an orderly discussion and everyone -- we want to give everyone an opportunity to speak. Need one more. [Later...] Chair Suarez: Now we're going to go to the time certain item of 3 p.m. And what had expressed, Commissioner, before we started, I introduced Commissioner Edmonson, who's here in the audience, andl asked who was going to speak on this item. Even though it's not a public hearing, we're going to open it up and allow the people who are here to speak. There was only like four or five people that raised their hand, which is great, and they agreed that, you know, we're going to abide by the two -minute rule. So I don't know if -- who's going to present this item? Is it you? Okay. Commissioner Spence -Jones: Mr. Chairman -- Chair Suarez: Yes. Commissioner Spence -Jones: -- I would definitely -- Chair Suarez: Please, you're recognized. Commissioner Spence -Jones: -- would like to start first. First of all, I want to thank you guys for allowing us to really present this item this afternoon just to make sure that we're all on the same page as to why we're here. I want to at least make sure the staff and the Administration, before we get the public involved, is at least for us to all understand the facts so that there's no confusion on why we're here. I want to start with the Manager first. I'm sorry, Clarence. I want to start with the Manager first. This whole issue regarding the $50 million issuance and how we got here regarding this discussion -- so I just want to be clear -- Mr. Manager, you can officially put it on the record. But part of I'm assuming, what the alarming thing that came from the last 48 hours, us hearing the issues or concerns about whether or not this is something that we can move on, what really came from the issue of the $45 million port tunnel commitment that was made by the City, that it -- now at this time we see that there is a issue or City of Miami Page 62 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 concern as to whether or not the City can actually pay for it, so I want to at least make sure you put on the record like how we got here so that we're clear on that. And if you need me to break it down, I can for you. Okay, less than 48 hours ago I was notified by the Administration that there were issues and concerns with the Overtown CRA preparing this particular item -- us preparing any issuance for any bonds, that there's strong possibility if the Overtown CRA went first, that it would affect the City's ability to pay off the $45 million bond -- loan, correct? Mr. Martinez: That is correct. Commissioner Spence -Jones: Okay. So that's how we got here. Mr. Martinez: Yes. Commissioner Spence -Jones: Forty-eight hours ago. Mr. Martinez: Yes. Commissioner Spence -Jones: Is there anything that you want to add to that at all? Mr. Martinez: No, no. The sentiment was that if the CRA 50 million came in first and we came in second, afterwards, that the lending community may be view it as a whole and we may be over -extending ourselves and it could jeopardize the port tunnel loan. Commissioner Spence -Jones: Okay. So that was 48 hours ago? Mr. Martinez: Yes, ma'am. Commissioner Spence -Jones: Okay. So that's the first point that I wanted to make. The second point that wanted to make was -- and, Clarence, I would like for you to put it on the record. My concern to my fellow colleagues was as we sit and discuss this item, the reality is that the Overtown CRA, as we already know, has waited a very long time and now we finally have the ability to leverage the funds to redevelop the area. Commissioner Gort andl, Gort being the Vice Chair over the last, what, eight months -- six months, have been working to kind of put together a plan to finally see some projects happening and at this point, after hearing this, this created a major alarm for City -- for the City departments. So I wanted Clarence to put on the record -- One of the things that I know during our conversations with the Administration was their concern about us actually being able to pay off debts that the Overtown area had incurred, and if we could cover these debts with the $50 million, then that would -- they -- the Administration would be comfortable with that. I was willing to make those adjustments andl did. Andl would like for Clarence, the director for the Overtown CRA, to at least put what those issues are on the record that were resolved and that we said, okay, we'll take it from the money that we have to address our old debts. [Later...] Clarence Woods: Good afternoon, Commissioners. My name's Clarence Woods, and I'm the executive director of the Southeast Overtown/Park West CRA. Andl don't know if it would be appropriate at this time to go ahead and read the resolution into the record and then we could address those three issues that were of a concern to the City. Commissioner Gort: Mr. Chairman. Chair Suarez: Yes, Commissioner. City of Miami Page 63 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioner Gort: Before you do that, I just would like to clam certain things. My understanding is there was a request from one of the Commissioners to have this deferred. We always follow the Commission through the history. The only reason we listen to this at this time because we understand there was a lot of confusions and questions that needs to be answered, so I don't want to be disrespectful to Marc Sarnoff and his request. Chair Suarez: And before -- if we may, just before continuing, I think the Clerk wanted to read a statement that was issued to him and was asked -- Commissioner Spence -Jones: I actually have that in -- as a part of my presentation -- Chair Suarez: Okay. Commissioner Spence -Jones: -- Mr. Chairman, if you would allow me to complete it -- Chair Suarez: Absolutely. Yes. Commissioner Spence -Jones: -- as I started, I really would appreciate it. Chair Suarez: Yes. You have -- Commissioner Carollo: And Mr. Chairman, just for clarity. Commissioner Spence -Jones: Sure. Commissioner Carollo: Does this means that we're going to listen to this? Because there's a lot of -- andl would agree -- there's a lot of -- Chair Suarez: Misinformation. Commissioner Carollo: -- misinformation, last-minute things popping up, so I agree with that. But we're going to listen to it, but not necessarily vote on it. Is that correct? Commissioner Spence -Jones: Okay, we're going to listen to the whole entire -- all the items regarding the issues. We're going to listen to the public 'cause I think it's important to hear from the people of Overtown 'cause they have waited a long time, andl think it is our responsibility to make the right decision. After that, I think we make that decision, but right now let's listen to the facts. I would like to at least make sure we do that. Chair Suarez: Thank you. Mr. Woods, you're recognized. Mr. Woods: So is it okay to read this -- Chair Suarez: Yes, sir. Mr. Woods: -- resolution? Chair Suarez: Go for it with confidence and gusto. Mr. Woods: Thank you, Mr. Chair. This is a resolution of the City ofMiami Commission, with attachments, acknowledging the intent of the Southwest Overtown/Park West Community Redevelopment Agency, the CRA, to obtain debt financing, in an amount not to exceed $50 million, CRA debt obligations, to finance the CRA's redevelopment activities as set forth on Exhibit A, attached and incorporated, determining and acknowledging no liability on the part City ofMiami Page 64 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 of the City of Miami for repayment of the CRA debt obligations, for disclosures related thereto and for continuing compliance related thereto, and requiring the CRA to include all such limitations and indemnifications in all documents, instruments, and information related to the CRA debt obligations. Commissioners, the three items that you spoke of which were of a concern to the City, were first the 1990 series bond loan. Actually, that was a debt that -- where the City took out a loan and the CRA -- a loan for the CRA; and the CRA, in a settlement agreement, was able to -- well, the City and the CRA was able to come to an agreement where the City would pay the debt of this loan for the CRA. It's $300, 000 a year. We have come to an agreement with the City's CFO (Chief Financial Officer) whereby the City would pay off this debt obligation. It's $1.4 million. And the City, with the proceeds from the loan, would pay off this $1.4 million. That was something that she wanted to make sure would happen, and we are in agreement with that, so we'll pay off that $1.4 million. In addition to the $1.4 million, there's $300, 000 that is outstanding -- that would be still available as debt service. Well, I'm sorry; the CRA is going to pay it off. I'm sorry. The CRA is going to pay it off. I'm sorry. The CRA will pay off that loan. And there's $300, 000 that the City is using as the payment of debt service that will be available, and the CRA is asking that we have that money available to us for our redevelopment activities. What we have agreed to is that any benefit of refinancing where there is a deduction in interest that the City would benefit from that deduction in interest. For example, as it is written here, the -- if the deduction in the interest payment is like $25, 000 -- currently the interest payment is 40 -- about $42, 000 -- if there is a reduction in the interest payment of about $25, 000, then the City would pay less that $25, 000, but we are still asking for the payment -- the $300, 000 payment, which is for the next three years. That's the first issue. The second issue is the sunshine state loan where the City paid $8 million for the payment of Gibson Park. We have agreed to go ahead and make those payments as they are proffered in the amortization schedule in the City's refinance of that loan, so we are going to make that payment. And the third issue was that the CFO wanted to make sure that there would be no recourse to the City for any payments of the debt that the CRA took out and we are in agreement with that. That's in the resolution. This resolution replaces the one that's in the packet and it amends what was actually proffered at the CRA board. Chair Suarez: Mr. Woods, ifI may ask one quick question. Commissioner Spence -Jones: Sure. Chair Suarez: The reso that's before us, just like with -- when we approved it at the CRA -- Mr. Woods: Yes. Chair Suarez: -- is for an amount not to exceed 50 million, right? Mr. Woods: Yes. Chair Suarez: 'Cause it could -- when we first spoke about it, you gave me kind of a range as to where you thought this might -- Mr. Woods: Exactly. Chair Suarez: -- come in, depending on the TIF (Tax Increment Fund) revenue -- Mr. Woods: Exactly. Chair Suarez: -- and a variety of other factors. Mr. Woods: Well, the capacity as we -- City of Miami Page 65 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chair Suarez: Capacity. Mr. Woods: -- have it right now. Chair Suarez: That's a good way of putting it. Mr. Woods: Yes, right. Chair Suarez: Okay. Mr. Woods: If we can get more than $50 million, that would be a blessing; but right now, based on the actual capacity -- Chair Suarez: Right. Mr. Woods: -- the range of 50 million is probably on the top end. Chair Suarez: On the high end. Mr. Woods: Yeah. Chair Suarez: Okay. Commissioner. Commissioner Spence -Jones: Thank you, Clarence. So I only have two more items before we get to that. Commissioner Gort: Question. Commissioner Spence -Jones: I'm almost -- Commissioner Gort: Will you explain the revenues that are going to be utilized to -- for the debt service? There's a lot of people here are here -- they're going around $50 million for Overtown. They don't understand where the money's coming from and so on or -- like the same is for the Omni. If you could, very briefly, explain the CRA, the purpose of the CRA, where the funds come from. Mr. Woods: Okay. Commissioner Gort: Thank you. Mr. Woods: Okay. Well, just a quick (UNINTELLIGIBLE). The way in which the CRA receives its revenues is that in the base year in which the CRA was created -- the Southeast Overtown/Park West CRA was created in 1982 -- the ad valorem taxes that's paid to the City and the County will continue to go to the City and the County up to that base year. Any incremental value in tax, which is what we call the tax increment -- any incremental value then comes to the CRA for the purpose of reinvesting it back into the redevelopment area. So within -- for like the last couple of years, that revenue has been around $8 million. So that $8 million, less any current obligations, is what will go towards the payment of the debt service on any loan that we take out. Commissioner Gort: Thank you. Commissioner Spence -Jones: Okay. I only have two more items, Mr. Chairman. I'm almost City of Miami Page 66 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 done. The other thing that I want -- thank you, Clarence. And this is directed towards our CFO. So we made the adjustments. We said we'd take over -- handle the responsibility of the debt out of the issuance. Two weeks -- three weeks ago we come sit down with our City Attorney and our CFO because this item now has to come in front of the CRA board for us to vote on. We brought this item in front of the CRA board after we made the adjustments that the CFO has asked us to take care of 'cause they don't want to handle the Overtown's liability. We did exactly what they asked us to do. And l just want to be clear in those discussions that we had, never was it ever mentioned, ever mentioned, before we even voted on it in the Overtown CRA that the port tunnel could possibly be an issue. Commissioner Carollo: Madam CFO. Janice Larned: Janice Larned, Assistant City Manager/Chief Financial Officer. That is correct, Commissioner Spence -Jones. Commissioner Spence -Jones: Okay. So I just want to say this, guys, really fast, and this is something my colleague Carollo always says, the thing that drives him absolutely nuts is -- I didn't have -- I would never have a problem if the Administration came to me prior to this, just as they came and said, Commissioner, you know, this is the issue. Andl -- and Julie can tell you, in the very beginning) wasn't happy about even having to take the $8 million out, but) said, you know what, the right thing to do is pay for Gibson Park, pay for those debts that the Overtown CRA has; now they're at the point that they can kind of handle their own business, then let's take care of it. I don't have a problem with it. We brought it in front of the CRA board. You weren't here, Commissioner Carollo, but the other three of us, we were here and we voted on it and the item passed. There was really little or no discussion on the item during that particular time. If there was an issue, it should have been brought up, but it wasn't. So I just want to be clear because to get something 48 hours from now saying that that's changed and this was never communicated, I think that that causes the confusion. And my concern -- and then I'm going to move on to the Sarnoff issue -- is, you know, when we have the community, the Overtown community come out like they do come for our meetings, the board meetings, or events or activities that we have, and we build up hope in these neighborhoods and we tell them that these things are going to happen and then all of a sudden, you know, they don't happen, it's seen as a broken promise, and I know that's not the intention of the Administration. I mean, you're only trying to make sure you protect the City. All I'm saying to you is please don't put us out there. Don't have us vote on items that you're not comfortable with or you feel that things need to be vetted out properly because it looks like we're not telling the public the truth, so that is -- that was the number one issue that) had about receiving this memo at the last minute and not having all the answers. So now I want to move to number four on it and then I'm going to -- Mr. Chairman, I don't have a problem with opening it up. Chair Suarez: Thank you. Commissioner Carollo: Mr. Chairman. Just -- Commissioner Spence -Jones: Sure. Chair Suarez: Yes. Commissioner Carollo: Since you're speaking about that, ifI could. Commissioner Spence -Jones: Yes. Sure. Commissioner Carollo: I want to add something. You know, many times I've heard the CRA board is the same as the Commissioners. It's the same people. So if you pass on the board, it's City of Miami Page 67 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 the same as the Commissioners. It's the same, it's the same. Yeah, but the CRA board is the same as the City Commissioners, and I've heard that a lot. And although that is true, I also want to mention that the procedures are different and a lot of the staff is different. I'll give you an example. In the CRA board we have no five-day rule. I remember when I received a package in my office; it was Tuesday. So Wednesday, Thursday Commission meeting, and Friday. Realistically, you don't have enough time. Now what that said, you know, with regards - - and to be honest with you, I don't know all the details, but I do know this 'cause I asked when - - and as a matter of fact, I asked Miguel last night -- andl appreciate it, Miguel, 'cause you stayed here till 8 p.m. with me to discuss a lot of these issues, andl asked an issue that you just raised: When did our finance people know about this? When did they actually meet with you? And you told me about a week before the CRA meeting. I don't how much time they had to review this or not. I could tell you, I know our finance people are under a lot of pressure. And why? Because we still have not issued the City's financial statements andl know they're busting their butts in order to issue them. You all very well know how I feel about that. I wanted to actually have a special Commission meeting on it, especially when we're hearing things that I don't know if they could be issued by June 30. Not even to go into the issue that we had with potential problems with the cashflows that was just a few weeks ago. So I know our finance team sometimes don't have enough manpower andl know they're getting pulled left and right, especially because we have this issues that we still have not issued our financial statements so it's legit. So sometimes when they have a week, I don't know if that's enough time. Now that's trying to be fair to our staff which I know you deeply care about our staff andl know 'cause you constantly mention it. Commissioner Spence -Jones: I'm always fighting for them. Commissioner Carollo: I know you are. Commissioner Spence -Jones: That's not the issue. Commissioner Carollo: I know you are. So, yeah, did we receive some of this in the last minute? Absolutely, absolutely. I agree. But at the same time, listen, they're under a lot of pressure. Commissioner Spence -Jones: I understand. Commissioner Carollo: I know for a fact because they still can't tell me an exact date when our financial statements are going to be issued. Commissioner Spence -Jones: I understand that, Commissioner Carollo. My concern is whenever it's time for us to get something done in our neighborhoods, there's always they're under a lot of pressure." Or there's always issues as to whether or not it's not -- why it's not happening. Unidentified Speaker: That's right. Commissioner Spence -Jones: So I'm just simply saying -- no, no comments -- just as we make decisions -- and you know this and you argue about them as well, you know, on things -- and I'm just going to bring this as an issue, as a point, the Marine Stadium. I kept saying, well, what's the rush? Gusman Theater, what the rush? Commissioner Carollo: You're right. You're right. Commissioner Spence -Jones: Okay. But everybody sitting up here, because these things were important and you want to see progress, you want to see things get done, we justify why we City of Miami Page 68 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 should move on things. And I'm very concerned -- you know, the people of Overtown -- I don't want to keep saying it over and over again. I just want to stick to the facts and) want you to hear from the people so that at least when we make a decision, it's based upon not only facts, which is what we're putting on the record, but you also need to hear from the people that are going to be affected by what we do. So my last comment is number four, and) think it's really important 'cause both Commissioners mentioned, you know, the Sarnoff request. We as Commissioners up here -- we all know this -- we respect each other's request. This is not about Commissioner Marc Sarnoff. Guess what? IfI wasn't here -- and) think I might have been out of town one time and asked, you know, if this particular item is being taken, you know, can you guys wait till I get back? And you guys deferred on the items because Spence -Jones wasn't here. So it's not even -- I don't have a problem with that. I don't have a problem with that issue. But I think that it's really, really important that at least we vet the process out and make sure that it's on a fast track to happen. So I do want to make sure I respect my fellow colleague, and) would like for Dwight [sic] to at least officially read into the record what his concerns were and then at that point then I'll close out on that. Chair Suarez: You mean Todd? Go ahead, Todd. Commissioner Spence -Jones: Todd, I'm sorry. Chair Suarez: It's okay. Mr. Hannon: Chair, I do have an e-mail that was sent by Vice Chair Sarnoff to City Manager Johnny Martinez, dated Wednesday, May 9, 2012. The statement begins: "Dear Mr. Manager: Since November 2009, the City Commission, without exception or qualification, has granted each and every Commissioner's request for a deferral )continuance of an agenda item at Commission. There's simply no basis to vary from the practice. There are no exigent or emergent circumstance or reason that would otherwise justify a divergence from this time-honored, common sense policy. Therefore, I again ask for a deferral) continuance of what I believe is RE.14, the resolution approving the bonding of up to 50 million for the Southeast Overtown/Park West Community Redevelopment Agency. I do not" -- Commissioner Spence -Jones: Thank you. Mr. Hannon: I'm sorry. Commissioner Spence -Jones: Oh, go ahead. I'm sorry. Mr. Hannon: -- "have requisite knowledge of the issue to add substantively to the conversation in this e-mail. That is why I asked to be briefed and take part in the debate at the next Commission meeting. I ask you to read this to my colleagues, as I am presently overseas unable to take part in the debate." And that is the end of Vice Chair Sarnoff's statement. Commissioner Spence -Jones: Okay. With that being said, I want you -- want my fellow colleagues to know that I am going to respect that. I am not -- 'cause I know that the same thing would be applied to me, but I at least wanted to make sure that we moved on the process. My comment on him asking for the deferral, my concern was, you know, based upon this memo that was actually put out by the Administration raising questions, halting the progress, was the thing that caused me the greatest concern. So I want to just be clear from the Administration side of it -- I don't know where Bill is, which is our counsel, and then I don't know if our financial advisor is here because somebody just asked the question and he also had it in his statement. And I'm glad to see our County Commissioner here and our chairman that will officially put something on the record to make sure we move this. City of Miami Page 69 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 [Later...] Commissioner Spence -Jones: So part of the issue that I wanted to kind of make sure that we were clear from our counsel because I believe in -- not only in the memo that was sent over, but also in this statements -- statement that was made by Commissioner Carollo, which is why the rush. And the whole -- I thought the whole purpose of us moving this stuff along and why I know that Commissioner Gort was, you know, beating me across the head, Michelle, when is this stuff going to get done, when is this stuff going to get done? And you, Commissioner Suarez, always saying, look, the people of Overtown have been waiting for something. You know, why are projects not happening? And we've been working hard to make that happen and then all of a sudden, we have a halting situation. So I just want us to understand the timelines. The issue was we're already in the month of May. We only have one more month and we have three more County meetings that we have to go through and l just want to be clear. Those County meetings include -- before we could even take it out to bid. Mr. Woods: Well, the first meeting we have to go to, Commissioner, is the TIF committee, the County's TIF committee, and then there's the -- forget what -- there's a new name for it, which is the budget committee. But -- that's it. Commissioner Spence -Jones: Finance -- Mr. Woods: And then it would be moved on to the Board of County Commissioners. Commissioner Spence -Jones: Okay. Mr. Woods: So it's those three -- Commissioner Spence -Jones: So we're talking about -- and even though I believe in the ability to get our elected officials to get it fast track, but we're still talking about at least another 60 days. And my concern was not only are we in -- going to be in July at the point -- it is August. It is elections, you know -- that the process would be held up behind -- because of it, so that was my concern around this issue. So, Bill, I don't know if you want to officially put something on the record and then I will close. William Bloom: Well, I think the one thing that got lost is when the CRA met. First, William Bloom, Holland & Knight, 701 Brickell Avenue. Commissioner Gort: I'm sorry; I didn't get your name. Mr. Bloom: William Bloom. The -- Commissioner Spence -Jones: Don't go to no more Heat games, okay? Mr. Bloom: Right, only through the finals. When the CRA met to consider the resolution authorizing the bond issue, one of the important factors that was raised was that the loan would be nonrecoursed to the CRA, and that we added language to the resolution, at the request of the CFO of the City and the City Attorney's office, that the loan, there would be no financial obligations or liability whatsoever on the part of the City, the County, or any other governmental entity. The lender would look solely to the pledge of the TIF revenue for repayment of the loan, and that's why I think we were all somewhat surprised by the memo coming from the CFO's office. I believe, you know, after further discussions with the CFO's office and the Manager's, it's a disclosure issue. They weren't intending to raise a red flag that by issuing the bond issue by the CRA, they would diminish the capacity of the City to issue a bond issue that would pay off the Wells Fargo loan in connection with the port tunnel. They City of Miami Page 70 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 were really raising the fact that it would be reflected on the financial statements of the City and it should be considered if you were to put it on a risk factor, I think the City Manager and the CFO for the City would conclude it's a very minor risk. The financial advisor for the CRA has contacted a number of lenders and assured us that they see minimal risks in proceeding with the CRA bond issue having any impact whatsoever on the City bond issue to repay the port tunnel debt. Commissioner Spence -Jones: Thank you, Bill. So, basically, in a nutshell, Mr. Manager, I just want to be very clear, based upon what we're hearing from our financial advisors and what we've heardfrom legal counsel, that our issue -- this bond issuance for Overtown, that this will not affect the City's ability to get the resources necessary for the port tunnel; that Overtown's money is Overtown's resources to be able to help the residents of Overtown. I just want that to be clear for the individuals that are not only watching but are here also in the room. Mr. Martinez: That's what we've been hearing, that there's enough financial ability out there to not affect one loan versus the other. Commissioner Spence -Jones: Okay. All right, in closing, I just want to say this. I don't want to dump on the City Administration. I know that they work hard and know they have a million and one things going on. My concern became the 48-hour notice. You know, finally we're at the finish line and now -- the feeling was that now we can't go all the way through. I don't have a problem with making adjustments and we've done it all the way. I think Overtown has bent over backwards. I passed out this old article from Bea Hinds back in 1984, Miami missed chance to help save Overtown, 'and this is in 1984 that Bea Hinds wrote this, same similar issue. The money was not the same amount. I believe it was $10 million back then. That's what the discussion was about. But then back in 1984, the people of Overtown got passed over again. I mean, back then, and now we're doing it again. So I just -- what really concerned me was we're finally at a point that we are restoring the hope of the residents in Overtown and things are actually changing in Overtown and we're actually making a difference in the lives of the people in Overtown; that this memo, this communication from the Administration saying that this -- that we have to wait for the port tunnel to get started was concerning and alarming. I am glad to at least hear now that the City Administration, along with our legal counsel and our FA (Financial Advisor), is now saying that that is not the case because I'm assuming that you guys did your due diligence on it and that is no longer a issue. So I guess the only issue that we will be really addressing today is the concerns of our City Commissioner that is not with us here right now and his feeling of wanting to have more time to digest the item, which I respect. So with that being said, I just wanted to at least make sure that you, my fellow Commissioners, heardfrom the facts and made sure that those is on the records -- on the record to make sure that we're not operating off of things that's not truth and that's really the whole -- overall point. Chair Suarez: And l just want to add to what you said. You know, I completely understand and I share your frustration not only with the timeline of the information that you were given -- well, primarily about the timeline of the information that you were given and also about the need that exists in the Overtown community for transformational projects. One of the reasons why at the CRA I voted in favor of this was because you had -- you and Commissioner Gort had done your due diligence and attached to it shovel -ready projects -- Commissioner Spence -Jones: Projects. Chair Suarez: That were ready to go, you know. So that's one of the reasons why I supported it at the CRA. I -- my -- I don't waiver in any way, shape, or form from that support. You know, you threw out a number today that stuck in my head, which was you said that this would create 800 units. Commissioner Spence -Jones: Yeah. City of Miami Page 71 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chair Suarez: That's staggering. Commissioner Spence -Jones: Yeah. Chair Suarez: That's transformational -- Commissioner Spence -Jones: Yes. Chair Suarez: -- for the Overtown community, andl hope everyone who's here understands what that means. Eight hundred -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- eight hundred units of affordable housing. That can change and transform Overtown. And the projects, by the way, are already identified. Commissioner Spence -Jones: Ready to go. Chair Suarez: They're ready to go. So, you know, for me, that's why I supported it at the CRA level. You know, that's been one of my biggest frustrations, and we've shared it at the CRA, you know, the fact that we have all this money built up and we really need to get it out of our bank accounts and get it on the street working. So let's open it up to the public to hear those who want to speak on this item. I would ask, first, that, if you don't mind, we take up the elected officials who have very tight schedules, I'm sure, and then we'll go to other members of the public. Would you like to, sir? Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Mr. Chairman. Commissioner Gort: At the end of the public presentation, I'd like to make a -- Chair Suarez: Yes. Mr. Chairman. Commissioner Gort: Mr. Chairman. Chairman Joe Martinez: Thank you, Mr. Chairman, members of the Board. It is an honor and a privilege to be here. And actually, when I had spoken to Commissioner Spence -Jones, I thought maybe the perspective of somebody who did not vote for the global agreement who did not want the expansion, who did not want that, maybe you'd like to hear the thoughts on that. CRAs in general have not produced what they should, and that's a shame. And sometimes you see a few people benefitting but the majority of the community not. The main reason I came is it takes a village to raise a child, it really does, both in education and everything else, and Overtown is part of our global village. It is part ofMiami-Dade. And one thing have noticed, if a little part, no matter where it is, whether because economics, socio or whatever, is blighted and is not allowed to thrive, that brings down all of Miami -Dade County and that's something we cannot allow to happen. I am glad to see that it has been changed and that the support is there for it. Andl do look forward -- and I'm happy to have spoken to you. I do believe this is a project that is needed, and again, I believe we don't need to lie to the people anymore. So I want to thank all of you for your -- I wish it would have been voted on today but that's your house, your rules. And thank you for allowing me the opportunity to be here and speak and let you know that I do support it. It is needed, not only for the people of Overtown; for all of Miami -Dade County. So thank you. City of Miami Page 72 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chair Suarez: Thank you, Mr. Chairman. Now Commissioner Gort. Commissioner Gort: Mr. Chairman. Chairman Martinez: Sir. Commissioner Gort: Can we have your commitment that you will help us once we go to the County to expedite it? Commissioner Spence -Jones: Yeah. Commissioner Gort: Because we -- Chair Suarez: That's very important. Commissioner Gort: -- need it for both. I know you and Commissioner Edmonson will be there to help us. Chairman Martinez: Well, I have enough power to go ahead and move it quickly out of the committee and put it in front of the BCC (Board of County Commissioners). So as soon as you act and you send it over to us -- I don't know if the Administration does it or you do it through your office -- Chair Suarez: Right. Chairman Martinez: -- Mr. Chair -- I will make sure that it goes to the internal management financial responsibility committee, and the moment that it does, I'll waive it out so it goes in the next BCC. Commissioner Gort: (UNINTET,TIGIBT,F) for both. Chair Suarez: Thank you. Chairman Martinez: I can do that. Commissioner Gort: Thank you. Chairman Martinez: But don't delay. You're not going to delay it. Commissioner Gort: No. I'm asking your commitment. Chairman Martinez: If you guys act on -- Commissioner Spence -Jones: (UNINTET,TIGIBT,F). Chairman Martinez: When you send it to me -- Commissioner Gort: I'm asking your commitment. Chairman Martinez: -- it'll be on the next agenda. Chair Suarez: Thank you, Mr. Chairman. City of Miami Page 73 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioner Gort: Thank you, Mr. Chairman. Chairman Martinez: Fair enough? Chair Suarez: Appreciate it. Chairman Martinez: Good point. Thank you. Commissioner Gort: Appreciate it. Thankyou. Chairman Martinez: Thanks for not putting me on the spot. Chair Suarez: Commissioner Edmondson, would you like to say a few words? Commissioner Audrey Edmonson: Thank you, thank you. And I think most of you know that you rarely ever see me here. I have not been here. Therefore, this has got to be -- Chair Suarez: Important. Commissioner Edmonson: -- extremely important to me and to my community. Just a few words to let you know just how much this means to me and the community of Overtown. For many years promises have been made to this community, and l just want to bring to your attention that now that something substantial can happen in Overtown, we need to now let it happen. So I'm urging you to support this reso and support Commissioner Spence -Jones and what she's trying to do. And when it gets to the County, I will champion it myself -- Commissioner Gort: Good. Commissioner Edmonson; -- and assure that it goes where it should go -- Chair Suarez: Thank you. Commissioner Edmonson: -- and that it happens because it means a lot to this community. We -- the people are just tired of having promises made and promises never kept. Thank you. Chair Suarez: Thank you, Commissioner. Commissioner Gort: Thank you. Commissioner Spence -Jones: Thankyou. Chair Suarez: Mr. Bullard or -- Applause. Chair Suarez: -- Ms. Mindin -- Ms. Bendross, would you like to say anything? Mr. Bullard, you're recognized for the record. Dwight Bullard: Thank you, Chair Suarez. Definitely happy to be here. For those who know where my district is, Overtown is not in it. I represent greater South Dade. But I think, as Chair Martinez pointed out, that when we're talking about one link in the chain that is Miami -Dade County, it's important for all of us to recognize that. And for those who have kept up with my record of being a champion of local control of CRAs now for the last few years, having sponsored legislation. Andl want to make sure that I'm not made the fool in terms of City of Miami Page 74 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 the things that I'm trying to do. When we're arguing at the state level for the need for the people who are on the ground to be responsible for the dollars that impact their communities directly, I want to make sure that that is happening. And to see this move forward and to see the possibilities and the future that Overtown will ultimately have with these dollars is promising. So I look forward to seeing and continuing to work to make those projects a reality from my end. And you have my commitment from my end on the Tallahassee side to try and make sure we move everything forward. So thank you again. Chair Suarez: Thank you, Representative. Dorothy. Dorothy Bendross Mindingall: Good afternoon, Mr. Chair, Commissioners, and of course, to our viewing and listening audience. I come from another venue at another time, not that I don't quite understand what's going on in Overtown. I lived during the time when Overtown was Overtown. Ninth Street and Third Avenue is where I learned to read. That was my church, Mt. Zion Historic Baptist Church. I know what it's like to have walked the streets of a place like none other. I do have another great concern about what's happening in Overtown. I am a School Board member for District 2, and Overtown is District 2. I am not quite pleased about Douglass Elementary School. That school is 60 years old. And would never know about anything being 60 years old, but at the same token, our children deserve what we're talking about. Someone mentioned the fact that we're not too sure about how fast we can get this done. I know how fast we can get this done. It's as fast as we want to get this done, andl know you agree. So I want to thank you for the opportunity to speak with you about Overtown and, of course, to salute my Commissioner who partners with me every day knowing that we need to educate our children and we need to educate them in an environment, in an environment that is second to none, and right now it's not there. So I thank you for all that you're going to do, and we stand ready to support you at Dade County Public Schools. God bless. Chair Suarez: Thank you so much. And l just want to say that -- Applause. Chair Suarez: -- Commissioner Spence -Jones brought up a very good point earlier today when we briefly discussed this, which is, once you have 800 units, if there's a school in the nearby area that is for whatever reason, underpopulated, as some would argue, this would certainly take care of that. And part of creating a community is not only having wonderful schools and wonderful facilities -- now Gibson Park is going to come on line and it's going to be very beautiful for the community. But also with these affordable housing projects, you really -- if you haven't seen them, you really should go visit them because they look like buildings in Brickell. I mean, it's unbelievable. They have, you know, fitness equipment. They have computer labs. They have, you know, libraries. They have meeting rooms. They have flatscreen TVs (Televisions), you know, so -- and they're offering them at a price that the community can afford. So it's really essential that we do everything that we can to support this development in Overtown. Commissioner Spence -Jones: Thank you. I just want to add one of the things I mentioned earlier or yesterday we were at a community meeting at Frederick Douglass, and one of the issues was attendance. And many of the parents and teachers that were there were very upset because they're now trying to close Frederick Douglass. And this -- it just seems like Overtown, no matter how much it tries to go to the next level, it just -- the people just seem to feel as though there's always something stopping them from going, you know, to the next level. So we're going to fight to keep Frederick Douglass open. It is a very important building in the heart of Overtown and, you know -- and again, once we get the housing, the attendance issue won't be a big issue because now you have more people living there. City of Miami Page 75 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chair Suarez: Absolutely. Commissioner Spence -Jones: So I thank Mindingall for her support with pushing to make sure that Frederick Douglass stays open. [Later...] Chair Suarez: We will now open it up to anyone who would like to come from the public and give us their thoughts on this issue. Again, as I mentioned before, I'd really appreciate it if you could keep your comments to the two -minute rule that is established by our ordinance. Andl thankyou so much for your attention andl thankyou so much for your cooperation. You're recognized, sir. Gaston Smith: Thank you, Mr. Chair, and to all of our Commissioners and to our fine Commissioner, Commissioner Spence -Jones, Mr. Manager, and to the viewing audience and those that are present. I stand with the clergy community and the faith community. And as you stated, I'm Pastor Gaston Smith, pastor of the Friendship Baptist Church, as well as president of the Baptist Ministers Council of Greater Miami and Vicinity. I just want to share that this -- for Overtown to miss this opportunity at a time like now would be a sad commentary and a terrible indictment for our community. Contrary to popular belief and mainline media, some of the finest people in Dade County are in Overtown. Bishop James Adams, who pastors the St. John Institutional Baptist Church, one of the historical churches there and also the St. John Community Development Corporation, is traveling today, but his heart is here because it is a community full of vision. We have an opportunity, Chairman Suarez, as you stated earlier, that some of these projected units look like units that could be on Brickell Avenue. And what I'd like to add to that is they should look like units that would be on Brickell Avenue. Chair Suarez: That's absolutely right. Mr. Smith. Because this is far deserved for our community. And so -- Applause. Mr. Smith: -- we stand with Commissioner Spence -Jones -- and I'm grateful for Commissioner Martinez and Edmonson that arrived today because we've got our eyes on this. Because here's an opportunity. Whenever I travel throughout this country, the historical account of Overtown is amazing. We have an opportunity in 2012 to return the dignity to Overtown that it deserves. Andl believe with this initiative, if we can just -- if we can stay on point, we can stay focused, that we'll have a better Miami -Dade County, we'll have a better Miami, and we look forward to what's going to happen. And so we stand with the Commissioner. We stand with you as a board of Commissions [sic]. And just know, the church community, the faith community deems this very important and we'll stand and make sure that it takes place. Chair Suarez: Thank you, Pastor. Mr. Smith: Thanks for the opportunity to speak. Chair Suarez: Thank you, Pastor. And thank you for -- Applause. Chair Suarez: -- keeping your comments within the time frame. We appreciate it. Mr. Smith: Didl do that? City of Miami Page 76 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chair Suarez: Thank you. Ms. Bell. Jackie Bell: I'm Jackie Bell, 1600 Northwest 3rdAvenue. To Commissioner Spence -Jones, we have worked a long time. To my Commissioner Gort, you have seen us work a long time. Today is still a long time because the Commissioner read an article from 1984. I can go back 50 years that this community have been ravished. And every time it gets time to do something, it is next time to the people of Overtown. We can identify all of the next times; Bayside, the first arena, the art center, the ballpark, second basketball park, now the tunnel. And we are people just like you are. The reason the CRA was put in existence back in 1982 was to rebuild that community. Andl would understand from 1982 'til now, you all count the years. I can count 40 I've been trying to get you to do this. So today we know that it is another wait. Commissioner, I'm a little bit old, okay, and let's don't wait no longer. Chair Suarez: Thank you, Ms. Bell. Thank you for staying within the two minutes. Applause. Chair Suarez: Ma'am, you're recognized. Levette McGill: Good afternoon. And protocol has already been established. My name is Levette McGill. I live in Commissioner Spence -Jones district, but a little history of Overtown. When I grew up, my grandmother lived in a three-room shotgun house. Now there sits some nice houses on that lot. I learned how to swim in Dixie pool. I have the opportunity to be a member of the International Longshoremen's Association and our union hall sits on 8th and 2nd. And many times we've had to vote as whether we wanted to move. Nobody wants to move. My church is the Historic Greater Bethel AME (African Methodist Episcopal). I'm watching the clock. I'm getting old too, andl am so tired of watching my friends, my parents' friends, Earl Carroll (phonetic), Commissioner Dawkins, keep trying to work for the good for the people of Overtown, my folks, my cousins. If I don't come here and speak up -- that tunnel over there -- I work on the Port ofMiami. It's neither here nor there to me. What's important is people because what's going to happen is that the 1 percent is gaining from that tunnel. If those trucks not stacked up, that mean they running back and forth out of that dock. The ships coming in. The canal is opening in 2012. I need to talk about that part of the infrastructure of that tunnel. That's only a handful of us. It's only 500 of us. It's a lot of people Overtown. So if they never finish it, for me -- and I'm not talking for my union. I'm talking for Levette -- I don't care. I want to see, as I was a child, department stores, Perry department stores, hotels, and flourishing businesses where people can raise their children and teach them lessons of how to be a proprietor. We've lost a lot of that because y'all -- not -- I'm not going -- not singly, but you know -- Chair Suarez: Right. Ms. McGill: -- just in -- Chair Suarez: Generally speaking. Ms. McGill: -- the big picture, pushed down everything that we had over there. Chair Suarez: Thank you. Ms. McGill: And I'm tired of being pushed. Applause. City ofMiami Page 77 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chair Suarez: Thank you. Thank you. Ma'am. Ma'am, you're recognized. Lillian Slater: My name's Lillian Slater, 1640 Northwest 4th Avenue, Apartment 10C. I'm sure you all know me. Commissioner Spence -Jones: Yeah, we know you, Ms. Slater. Ms. Slater: Running crazy around. Chair Suarez: How could we not. Ms. Slater: Commissioner Gort -- and where's the Mayor, Regalado? Chair Suarez: He's around here somewhere. Ms. Slater: He's around there running around. Chair Suarez: Yeah. Ms. Slater: But anyway, you all are about the two oldest one in the Commissioner [sic]. Ever since they started it -- and you all know where you all sitting, Commissioners. You know who built Miami, the Bahamians. You're sitting here where they docked. Now we are black people and we built it. And I'm asking you all -- Overtown, we had everything. Jackie Bell, she knows. A whole lot of us know. McKnight, all of us know what was going on. All the Commissioners been through here -- the First Lady was here; was (UNINTELLIGIBLE) Alonso. And you know I know. Jackie Bell know, we all know. So now it's time to stop it. I've been running crazy to the County, here and there. The Commissioner Edmonson -- now this morning was a warning to us andl know you know. And now is the time to give it to us so we can finish because we haven't finish and you all know we haven't finish. So the dock over there, that's their business. But this is taxpayer's money and we pay you all money, you know. So now, let's stop it 'cause I'm going to be right behind you from here, Commissioner Edmonson, I don't stop. From Mayor Dawkins, I don't stop. Thank you. Chair Suarez: Thank you, ma'am. Applause. Chair Suarez: Thank you. Thank you all for respecting the time constraints. Mr. Jones. Leroy Jones: My name is Leroy Jones, 180 Northwest 62nd Street. A lot of people don't know I'm originally from Georgia. Chair Suarez: Really? We're not going to hold that against you. Mr. Jones: I'm originally from Georgia. Commissioner Gort: How did we get you here? Chair Suarez: We're not going to hold that against you, Leroy. Mr. Jones: We moved from Georgia to Overtown when I was nine years old. So all my young years and teenage years -- most of my teenage years, was in Overtown. I got my first job in Overtown, in Hence (phonetic) & Son's grocery store. Where Jackson Soul Food is used to be City of Miami Page 78 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Hence (phonetic) & Son's grocery store. That was my first job. And promised Mr. Hence (phonetic) before he passed away that when I got older, I was going to do things to help small businesses. And now my promise that I made as a kid to him is now coming into fruition because I wanted to do something for small businesses. So I'm so proud that I'm having the opportunity to help businesses in Overtown. I have a son that lives in Overtown. I have a grandson living in Overtown. I have a sister, a niece, and a nephew, all live in Overtown. So I care about what happen in Overtown. I just want to say this. Commissioner Spence, I love you, ma'am. I'm so proud of you. I am so, so proud of you. Applause. Mr. Jones: I'm so proud of you, my dear sister. I'm so proud of you, all right. I'm so proud of you. We are so proud of you, okay. We are proud of you, all right. I want to say this, man. An old Cuban friend of mine said this -- andl didn't know him. He called me one day -- called my office, wanted to meet me. I never met him before. I went over to his business. The name of his business is Mr. Cool Appliance. Everybody know him in the Hispanic neighborhood. He say, Mr. Jones, I've been watching the things that you be doing to help the small business andl support you so much. If you ever need me for anything, you call me. My family is your family. He said, you always remember this, that everybody is important. Everybody, regardless of the color, regardless of the age, regardless of the condition; everybody is important. And y'all got to remember that. The people in Overtown is important. They important too, just like everybody else. Applause. Mr. Jones: But every time it seem like we want to do something for the black neighborhood, it's always something, man. It's always -- every time. It's always something. Applause. Mr. Jones: It's always something. We always got to wait. It's always something, man, always, always. I just want y'all to go 'head on, man, and vote and approve this thing so this thing can happen, man. It really need to happen -- Chair Suarez: Thank you. Mr. Jones: -- 'cause everybody is important. Thank you. Chair Suarez: Thank you, Mr. Jones. Applause. Chair Suarez: And let me just say -- yeah, I want to say something too. Commissioner Gort: Let me make something very clear. Things is going to happen. The procedure is what we talking to. Chair Suarez: Yeah, that's true. Commissioner Gort: But things is going to happen. Chair Suarez: That's a good point. But no, I want to say two things. One is, it's going to benefit people like Leroy who are contractors that work in that community and so this money not only will benefit the end user who's going to use it in the form of affordable housing, but it's City of Miami Page 79 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 also going to help the contractors and the businessmen who come from that community. 'Cause I can guarantee you one thing, Commissioner Spence -Jones is going to make sure that that money gets spent -- Applause. Chair Suarez: -- by the people who work and live in Overtown. And the second thing I just wanted to say before we move on was, my dad -- this is a little bit of a variation on what you said. My dad always taught me that everyone has infinite value. So every single person here, no matter the color of their skin, no matter where they come from, they have infinite value. And if you treat people that way, you're going to be all right. Sir, you're recognized. Lionel Lightbourne: Hey, good afternoon. My name is Lionel Lightbourne. I'm the blessed husband of a wife who was raised Overtown. And I'm also representing the 40 and under generation. We're the generation that's the worker of jobs. Chair Suarez: Same here. Mr. Lightbourne: We're the generation that are the raiser of these children right now. We're the generation that -- we're just here and we can't be here because we have to work those jobs. We're the buyer of the future homes that you spoke about. I think future homes are good. But if we don't have the employment to sustain those future homes and the infrastructure that comes along with it, then it's just a pipe dream. There's a old -- I wouldn't say an old adage -- it's a middle-aged adage that states that if you have an emergency, don't yell help. Scream fire. And while the downtown Miami tunnel is yelling help, Overtown is screaming fire. Everything that you will hear here today screams fire. And I'll submit to you today that believe that the City of Miami have some of the brightest minds that sit on this Commission board. But what is a mind without a conscience? Thank you. Applause. Chair Suarez: Thank you. Mr. Wilcox, good to see you. You're recognized. Commissioner Spence -Jones: Mr. Chair -- Chair Suarez: Yes. Commissioner Spence -Jones: Mr. Chairman, I just want to just add before we complete. I want my fellow Commissioners andl want the individuals that are, you know, making their comments on the record to be very clear that all of my colleagues sitting up here support this happening in Overtown. So that's never -- so whatever comments you make is not -- is never about whether or not they support it. I know for a fact on my right-hand side Commissioner Gort has been -- I'm going to say it again -- beating me down to finish the process. I don't think that that's what the issue is today. I think the issue is the vote today. So I just want to be clear -- 'cause I don't want my fellow colleagues to feel that they're being punching bags today 'cause that's not the point. The point is that I want you to be able to express what you called me saying to me on the phone, why do I have to wait. So you don't need to just say it to me. You got to say it to four other people that have to vote as well, so that is the reason why we're -- the Chairman has allowed for us to have this opportunity. Chair Suarez: Thank you. Commissioner Gort. Commissioner Gort: I'd like to explain there's two different issues. It's not that we're going to take from one because we got to do the other one. We're going to do them both 'cause we need City of Miami Page 80 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 them both. We need them in Overtown, but you need jobs and the port will open many more jobs. So they're both very important. It's not -- we're not going to discontinue one to do the other one. We're going to do them both. I just want you to understand that. Commissioner Spence -Jones: And the point is that what we just want to make sure that -- make sure in the process is they're not connected. Commissioner Gort: Right. Commissioner Spence -Jones: Andl think what was happening is the Administration was trying to connect them, and that should not happen. Go ahead. Chair Suarez: Mr. Wilcox, you're recognized. Nathaniel Wilcox: Yes. My name is Nathaniel Wilcox. I'm the executive director of PULSE, People United to Lead the Struggle for Equality. We -- our office is at 150 Northeast 19th Street. First of all, we want to thank God for our Commissioner, Michelle Spence -Jones. She has gone through quite a bit in representing her district, District 5. She has many great ideas. And she suffered tremendously because of those ideas. People have tried to stop the progress for Overtown, arresting her, putting her in jail, dragging her two years through a court situation that was totally unjust. And we know that God has set her free. God has set her free. Chair Suarez: Guys, let's keep it down, please. Mr. Wilcox: And today -- yesterday, we got the news that, once again, there are people in this process that's trying to stop the progress that's taking place, that need to take place in Overtown. And I'd also like to thank God for the progressive Commissioners that we have on the dais here that support the efforts in Overtown, that support the efforts of the St. John Town Plaza, that support the efforts of the island living facility, the $15 million rehabilitation that should take place for Town Park, the Lyric Place. All these are important efforts that need to take place in Overtown. And we certainly didn't come to beat up on our Commissioners. We come to share our concerns and our sentiment because Overtown is being turned around. Hope is replacing despair, economic stability is replacing poverty, apathy is giving way to expectancy and growing confidence. We cannot allow this progress, this push to be slowed up or tampered with in any way. And I'm sure all of our speakers behind us support the continuing effort to improve the lives of the people in Overtown to continue the building of 800 units of affordable housing in Overtown. It has to take place. And we're not going to sit on the sidelines and expect or take anything less. Thank you. Chair Suarez: Thank you, Mr. Wilcox. And thank you all again for respecting the two -minute time frame. Thank you. Sir, you're recognized. James Hunt: Good evening, board members. I'd like to address Commissioner Jones [sic], to Board Member Dorothy and to the reverends. My name is James Hunt, a retired administrator from the Dade County Public School system, over 40 years of experience, 30 of those years in the Overtown community. One of the things that happened is in 1967, not '84, FDOT came into the area and transformed Overtown into just us. And everybody ask -- that's where I live, and I'm sure if they listen to it, it's just us. In '67, they said we're going to revitalize it. And when everything settled, who was left? Just us; no money, no houses. 395 came in. They wanted to get to the port. No jobs, no money. Who was left? Just us. When it came down to -- one of the major reasons I'm here is because I'm one of the products of the Overtown school, Booker T. Washington. And I made a vow that my parents did not stand up strong enough and long enough to keep Booker T. Washington from being phased out. It took over 30 years to get it back. And we were told it would never become a high school because nobody lived in the area, City of Miami Page 81 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 and they were right. In 1962, there were only 40,000 people living in that little square area. Now it's about 8,500, might even be less. We want to be able to have a beacon. The school is one of the places where you're going to find it. We're saying don't put us in the same situation. We would like to move out of this city that you called "Just Us" and live in Overtown as it was the time I was growing up and many of them. Chair Suarez: Thank you, sir. Mr. Hunt: We ask that you consider us and give us that chance to move out of Just Us City. Chair Suarez: Thank you, sir. Mr. Hunt: Thank you. Chair Suarez: Thank you, sir. Ma'am, you're recognized for the record. Applause. Hattie Willis: Yes. Good afternoon. My name is Hattie Willis and I'm the executive director of Communities United. And to most of you guys up here, you may not know me, but to the ones that's been here for a while, you know who I am. And she's smiling 'cause she knew when I heard what was going on, I would be here today. I used to sit on the Homeland Defense Board. Called up my Commissioner one day andl said, you need to take a look at staff 'cause I'm not talking about the Commissioners 'cause you was moving money. Now I don't mind when you move money out of one project in my community for a shovel -ready project that's another project in my community and then you come back later on and you do my project. But what would happen was, the money would move out the community, move to another shovel -ready project and never get back to mine. So I said to her, you need to get a watchdog and she got Clarence and start watching 'cause I want you to watch what goes on with staff how they think -- and everybody's smiling over there and this is nothing to smile about -- it's okay for you to move my money without my permission out of my community or my district. Something wrong with that. But I'm going to say this to you andl want you to think about what I'm saying and I'm leaving you with a thought. The thought is this. I sat on the MPO (Metropolitan Planning Organization) board andl went down there and spoke one day andl said these words. Why when you get off the expressway in the black community, I got no palm trees. And ifI get off on Miramar Parkway or somewhere else, they got 120 palm trees? Why does it look like that? It's the same money come from the same pot, but the money is being shared differently. And nobody had a answer for that. We are a part ofMiami. District 5 is a arm and we are a body, Dade County. If the arm has got cancer and you don't fix it, it's gone travel to the rest of the body. When you're moving money or you're doing these things, think about our community. We shouldn't have to have this conversation. But you need to look at staff 'cause that's the problem. Chair Suarez: Thank you, ma'am. Ms. Willis: Have a good day. Chair Suarez: Thank you so much. Applause. Chair Suarez: Yeah, I mean -- okay. Sir, you're recognized. Irby McKnight: Yes. Good afternoon, Commissioners. I am Irby McKnight, 1600 Northwest City ofMiami Page 82 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 3rdAvenue. I've lived in the Overtown community for 44 years. And a lot of people are here to speak that will bring up all of the concerns that they know of so I will use these two minutes -- one minute and forty-five seconds now -- to ask that since we have your support on this issue, that we need you to be vigilant with the other pools of monies. The Overtown community demographics bring lots of Community Development Block Grant money to this community. HOME (Home Investment Partnership Program), HOPWA (Housing Opportunities for Persons with AIDS), and the Children [sic] Trust. All of these people are collecting monies in the name of our community. And having received from the Children [sic] Trust a list of projects that they fund, they say they spend a million and a half dollars in Overtown. I can't tell it. But I'm asking that our Commissioner, Michelle Spence -Jones, please get a report from how much HOPWA money is spent in Overtown, how much HOME money is spent there, CDBG (Community Development Block Grant) money is spent there and the Children [sic] Trust. You're already on top of the CRA. If we combine HOPWA, HOME, CDBG, and Children [sic] Trust, this should improve the quality of our lives at least 60 percent, if not 100. Thank you. Applause. Commissioner Carollo: Thank you, Mr. McKnight. Sir, name and address for the record. Ralph M. Ross: I'm Ralph Ross. I'm the pastor/teacher of the Historic Mt. Zion Missionary Baptist Church -- Applause. Mr. Ross: -- at the entrance of Overtown. First of all, I want to commend our Commissioner for her persistence. She has persevered. And because of her perseverance, we are where we are today. And l just want to applaud you for that. Applause. Mr. Ross: I have very little to say. I was born in Overtown, and I'm not a youngster. Andl served the Historic Mt. Zion Missionary Baptist Church about 40 years ago as a young man out of the seminary and our community was thriving. I came back 25 years later and I did not recognize it. At that time, Miller Dawkins was in that seat andl started trying to work with him at that time to try to build the community and/or to preserve what we had. Systematically, our community was dismantled. So I am so happy to be able to say at this time it's about time that we begin to make some concrete commitments and changes in Overtown. I thank you. Chair Suarez: Thank you, sir. Applause. Chair Suarez: Sir, you're recognized. Nelson Adams: Good afternoon. My name's Nelson Adams. I'm a native Miamian. I reside in Miami Shores. However, I spend lots of time in Overtown. I am the lifelong member of the St. John Institutional Missionary Baptist Church and chairman of the board of the St. John CDC (Community Development Corporation) for about 17 years. Suffice it to say that where there is no vision the people perish. And it seems like if there was a vision, it must not have been a good vision because the people in Overtown have been perishing. But now is the time. And if not us, then who? If not now, then when? Now is the time. I applaud the efforts of all of you who have done a good work. But as my colleagues know, good just ain't good enough. We've got to do our best. I'd like to read a letter from my pastor, the pastor of the St. John Baptist Church, and we will keep this within the two minutes. I yield my remarks to his. City of Miami Page 83 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioners, I'm in receipt of a document, an unsigned letter from Steven Petty, director of the Department of Finance, objecting to the Overtown community redevelopment's seeking a $50 million for loan projects, which would revitalize the neighborhood, as well as provide for the issues of Town Park recertification. This is especially concerning as the Town Park issues are extremely time sensitive. I'll skip a few paragraphs and move to the salient statement. Speaking for Bishop Adams, as pastor of the Historic St. John Institutional Baptist Church, current member of the Overtown Community Oversight Board and former chairman of the same, I find that the suggestion that funds which are specifically designated for the use of revitalizing and transforming a community to be redirected to pay for the tunnel project is even more appalling, given the history. Finally, we've been asked to believe, inspire, empower, transform. There are no signs that say wait. We, the leaders, residents, business owners, churches and other stakeholders of Overtown have waited long enough. We refuse -- let me repeat that. We refuse to wait any longer. I'm asking the Commission to affirm its commitment to the residents of this community as we do believe, we are inspired, and we're ready to transform our neighborhood and city. Now is the time. Thank you. Chair Suarez: Thank you, sir. Applause. Chair Suarez: And let me recognized Commissioner Spence -Jones, but before I say that, you touched a nerve when you talked about the Believe campaign, and this definitely falls under the prong of transform. Commissioner Spence -Jones: Yes. Chair Suarez: And it's something that we talked about what were the different phases, what were they going to mean. Andl think she was very clear from the get -go that this is what she meant by transform. And you're right, it cannot be delayed. You're absolutely right. Mr. Adams: Mr. Chairman, I must add this to -- I'm going to have to leave. Some of you know that I'm an obstetrician/gynecologist. I've delivered almost 8,000 babies. Chair Suarez: You're kidding. Mr. Adams: Eight thousand and one is on the way and now is the time. Commissioner Gort: You better go. Chair Suarez: Well, doctor, my -- Commissioner Gort: You better go. Chair Suarez: -- sister is also an OB/GYN (Obstetrician/Gynecologist) so I understand. Mr. Adams: She's a good woman. Chair Suarez: Exactly. Commissioner Spence -Jones: Let me just say so that we're all clear in the room 'cause I know that there were some statements about money being taken from Overtown for the port tunnel. The iss -- that is really not the issue. The issue was the Administration was saying that they were concerned about us moving to -- finance, you know, to get the issuance of the 50 million because they have a current issue that they need to resolve with the port tunnel. It was never City of Miami Page 84 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 about shifting one -- these monies to that -- to -- from Overtown to the port tunnel. What it was about was telling us to wait until that portion of it was handled, the port tunnel, so that that could get handled and it would not affect their ability to go out and get money. And I have a concern and I'm sure everybody sitting up here, at least from what I'm hearing, has a concern with that as well. But I just want to be clear. We're not taking money from Overtown to put in the port tunnel. They're asking for us to wait to do that. Oliver Gross: Don't wait. Chair Suarez: Thank you, sir. You're recognized. Mr. Gross: Mr. Chair, thank you. Oliver Gross, 8500 Northwest 25th Avenue. I'm the president of New Urban Development, PT C (Limited Liability Corporation), an affiliate and subsidiary of the Urban League of Greater Miami, that has been serving this community for over 69 years. I want to first commend you for your, again, a sensible and apparent support for the item and thank you for the clarification. Andl stand here before you this afternoon as a son of the soil and also as a community builder and a practitioner. I also stand here before you today as a member of the 79th Street Corridor CRA, one of the more recently formed CRAs in Miami -Dade County. Andl think that you have a prodigious opportunity before you, and again, applaud you for, again, your support of this. As being a part of this newer CRA, if we had the opportunity at this particular point in time to galvanize and to put our arms around these kinds of resources, which I think is the intent and the reason for being for CRAs is to be able to create an environment that is conducive for development and redevelopment, again, we would jump on it, leap on it. I simply, again, encourage you to take advantage of the opportunity before you, applaud you for doing that, and may God bless you. Chair Suarez: Thank you, sir. Commissioner Gort: Thank you. Applause. Chair Suarez: Ma'am, you're recognized. Agnes R. Morton: Good afternoon. I would like to -- my name is Agnes Rolle Morton. I live at 1454 Northwest 43rd Street. I'm representing today the displaced residents of Overtown, the Overtown Alliance, and Power U. I was born and raised in Overtown and my family was displaced in 1966 by eminent domain for construction of 1-95. I lived away from here 39 years in San Francisco and I returned in 2005 to come back and fight for the residents of Overtown. I am here today to speak for Overtown displaced residents like me and some current Overtown residents that cannot speak for themselves. Overtown in the past has been treated like a stepchild when it's come to funding projects that will increase quality of life for its residents. We are tired of waiting. If Commissioner -- I'm happy that Commissioner Spence [sic], with her diligence and her persistence, with the support of you all that this proposal will be accepted, hopefully. If not, this would have sent a message to residents that Overtown doesn't count and it's not as important as other communities in Miami. Like the late Sister Fannie Lou Hamer, civil rights activist, stated many years ago, I'm tired of being sick and tired. Overtown residents are tired of broken promises from City government and unfair and unequal treatment. All we are asking is that you treat Overtown like you would treat other areas of the City when it comes to fair and just allocation of resources and the practice of social justice for all. Thank you. Chair Suarez: Thank you, ma'am. City of Miami Page 85 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Applause. Chair Suarez: Thank you. You're recognized, sir. Keon Hardemon: Greetings, Commissioners. I am Keon Hardemon, 1350 Northwest 8th Court. I'm an assistant Public Defender here in Miami, and I'm born and raised in the City ofMiami. Thirty years of broken promises, that's the story of Overtown. In 2008 when the global agreement for Miami -Dade County and the City was signed, it provided for a few things. One, hundreds of millions of dollars for the port tunnel, hundreds of millions of dollars for Museum Park, hundreds of millions of dollars for the Marlins Stadium, and only a few million dollars for the city [sic] of Overtown. Overtown was happy with this promise for revitalization. So when Overtown was forced to wait at the back of the line, it did so patiently. Overtown waited patiently in the back of the line behind the Performing Art [sic] Center as it cashed its check for a few hundred million dollars. Overtown waited patiently back of the line for the port tunnel project as it cashed its check for hundreds of millions of dollars. Overtown waited in the back of the line behind Museum Park as it cashed its check for hundreds of millions of dollars and they're under construction as we speak. Overtown has waited patiently in line behind the Marlins stadium as the Marlins cashed their couple hundred million dollars check, and now the stadium is complete. But now Overtown is finally at the front of the line and it's ready to cash its revitalization check. But now Overtown is being told, we're out to lunch. Be right back. Out of service. Insufficient funds. Shame on the City ofMiami for telling the people of Overtown to wait. No more broken promises. Now, now is the time for revitalization of Overtown. Applause. Chair Suarez: He's got to be a trial lawyer. That's a trial lawyer right there. You're recognized for the record. Mae Christian: Good evening to the Chair, to my Commissioner Spence -Jones, and the Commissioners. My name is Dr. Mae Christian. I am a product also of Overtown. I was born on 13th Street and 3rd Court. Jackie Bell says 1982. IfI remember correct, it was around 1974 -- I had just finished high school -- I mean, college at Florida Memorial, and we were talk -- I met with Dewey Knight, who is the interim director for the County, and also Bill Turner was on the School Board and they met with me. There were some funds coming called CDC. Alvin Dean became the chair. And the reason I'm saying this, I saw Overtown get tricked through our leadership. I was there. We had history. We had offices, businesses, hotels. We were a part of the economic development and trust. Andl was sitting in school one day and it says, Model City, the intentional deterioration of the inner-city core. God knows every time I ride Overtown, I get sick when I see the history that we had. Now we have no capacity. You all are not just waiting for 2012. Overtown been waiting for funds since -- when I started out, we did -- I did the Culmer Center -- where is Jackie Bell? We left Jackie Bell with her first $10, 000 for economic development and we did Booker T. -- everybody claiming Booker T., but they weren't there. Bill Turner sent me to do the project through CDC. And those houses -- but when I see a Commissioner -- y'all not just waiting now. We been waiting a long time. I see people coming and they invent their histories from wherever they came from. Where is ours? Where's our historical markers? Where's our economic development? When you promised these people the money, the money for the contractors, they not -- we not getting it. We need a benefit agreement for all these contracts. No first source hiring. No Section 3. No monitoring and comply -- we not getting hired. So don't tell us about when you do the tunnel. When you did everything else, we didn't get paid. So it's time for us to get in the line for those jobs, too. God bless you. We tired of waiting. Chair Suarez: Thank you, ma'am. City ofMiami Page 86 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Applause. Chair Suarez: Ma'am, you're recognized. Gertrude Clyde: Good afternoon. My name is Gertrude Clyde. I live in 1990 Northwest 4th Court, Apartment 4. That is Town Park. I'm in Town Park North. We have three sections. Forgive me for my voice 'cause I have lung problems. I'm here because I'm not just about Overtown. I am Overtown, okay. I just turned 55. I've been Overtown since we was small. My mama brought me here six months after I was born, so you see, I am Overtown. Now when they decide to leave us because they didn't think Overtown was worth anything, they left us. Now they see the value of Overtown, now y'all want to just push us out. Y'all want to keep taking from us. We keep getting raped, robbed, ripped off. Every time, every time it come to us, it's always something. The money disappear or there -- the money has to go somewhere else or there is no money. Why is that? But when it come down to other nationalities, other projects, they get what they want. I have been here in these meetings. I have seen you all approve some people with these -- putting big, old guitars in the park. I don't play no guitar. You can't play the darn thing. Then I see you all approve for a bird sanctuary seaquarium. I don't deal with birds. I don't live there. That's not in my neighborhood. When are you all going to respect us as human beings? We earn the right to be over there. We have the right to live like human beings because our ancestors help build Overtown. Why y'all want to rip us off and make us leave? Because, see, if you all don't give us these funds to help us build and rebuild where we live and we look like shacks, the next thing you know, oh, you all got to go. That's not right. It's not fair. I'm sick and tired of sitting where I live and when I ride or go out my neighborhood to see all these here fancy clubs and museums and arts and all this stuff, something that doesn't even have nothing to do with us is in our neighborhood. Y'all had no problem giving them those monies, so why there's problem giving us what belongs to us? Chair Suarez: Thank you. Ms. Clyde: I want what want. I want my money to build where I live. I'm gone stay in Overtown 'cause I am Overtown. And Commissioner, you are my girl. You always have been and you always will be. I've been sick, but thank God I'm still here and he allowed me to come here today. Enough is enough. Give us our money -- Chair Suarez: Thank you. Ms. Clyde: -- so we can live like human beings. Thank you. Chair Suarez: Thank you. Applause. Chair Suarez: And before proceeding -- before -- Commissioner Spence -Jones: And thank you, Sister Gertrude. Again, I just want to make sure that we're clear that all the Commissioners that are sitting on the dais are supporting the Overtown issues and the redevelopment. They all voted yes on it already in the actual CRA meetings. This conversation is about -- Applause. Commissioner Spence -Jones: I just want to make sure we're clear. This conversation is really about making sure that we can expedite what needs to be done for the people of Overtown. City of Miami Page 87 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chair Suarez: Thank you, Commissioner. [Later..] Chair Suarez: Sir, you're recognized. Randy Wiscombe: Good afternoon, Commissioners. My name is Randy Wiscombe, andl am the manager at the Hospitality Institute. Commissioner, first of all, I wanted to say thank you very much for the opportunity to work with you. It's been a pleasure since January, since I've been on board. I see a lot of changes happening, but more change still needs to happen. In order for change to happen, there needs to be investment, and investment means growth. I look forward to the day that I can walk down through the streets of Overtown to the businesses and begin to get people jobs in Overtown, as well as outside of Overtown. It's imperative for that to happen. Everything is happening on the outskirts. We need to bring the wholeness within the community to make it happen now. Because if we wait, it becomes -- I've been on a CRA. I've been in the Commission. I've done things like that, and I'll tell you that it gets more expensive and it becomes more difficult as time drags on. If we move and we have an active plan in place, it will happen. It's important for us to drive home the fact that we can't wait two years. I see andl hear -- I'm in the community all the time andl have to tell you that from my perspective, the community is ready for it now. So I encourage you strongly to move forward with this as soon as possible and to make it work so we can have the economic development in Overtown that it deserves. Thank you for your time. Chair Suarez: Thank you, sir. Applause. [Later..] Chair Suarez: Sir. Ellis Canty: Good evening. First of all, I'm going to say I'm going to stand here before 'cause I pondered within my mind andl went to God because I'm part of an organization that sits on both sides of the fence. That's the International Longshoremen union, Local 1416. I couldn't be a hypocrite and sit on a fence and not say what need to say today. Some years ago, that same Commissioner, when the port project came up, I lobbied it in Washington, D.C. for it and today I lobby because my members stand to gain. But better yet, it was told in this house and in the County house that Overtown would not be affected. Andl sat that as a lobbyer for Bill and (UNINTELLIGIBLE) and told her, surely nothing wouldn't be (UNINTELLIGIBLE) from Overtown. Yet, I sit here andl cry in my heart if it do so because if you sit to go on a mission, you do not fail no one and your word is your bond. And my members will gain a lot for the tunnel. My members will gain a lot for the dredging project. But better yet, when you say you believe, I seen a lady that went on a rollercoaster but sit up on the top and God got a vision. And even within your decisions, if your decision went from one point to another, but better yet, I pray to God that they'll sit there and make the right decision. I seen a young lady at Poinciana Village, one of the first black condos, the developers wanted it destroyed, tear it down. But better yet, she saved it. And yet, how can you say that in history in this City that you're going to tear something down when you got historical Overtown. And you -- just 'cause it was another developer come, because that developer, their project might not have been suitable 'cause it was so big. And then I'm going to talk about the longshoremen when it come to broken promises. We had a parking lot on the corner, but when -- which eminent domain took it. But then again, we made an agreement throughout the City for some years, but better yet, we're still being shuffled. But then again, on that corner, we shall not move, but we want to build within the community. When I walk down 2ndAvenue on the other side of 6th Street, I City of Miami Page 88 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 look at all the developments, but I wonder what monies does the CRA get going to the south. Chair Suarez: Thank you, sir. Mr. Canty: Thank you. Applause. Mr. Hannon: Chair, couldl have the speaker state his name on the record? Chair Suarez: Sir, would you mind putting your name and address on the record, please, sir? Mr. Canty: Oh. Chair Suarez: Sony. Mr. Canty: Ellis Canty, with the International Longshoremen, Local 1416. Chair Suarez: Thank you, sir. Mr. Hannon: Thank you, sir. Chair Suarez: You're recognized, sir. Michael Gordon: Yes. Good afternoon, to the Chair, Michelle Spence -Jones. My name is Michael Gordon. I live in Overtown. I've been there six years, 122 Northwest 14th Street, Apartment 5. I spoke to Rudy today. He's a business owner in Overtown. And he told me about this meeting. Andl said to myself, I should be at this meeting 'cause I'm a resident of Overtown. There's a lot of potential there, you know, andl know there are a lot of budget restraints and money's tight and everything. But I know where there's money here, you know, with redevelopment and everything else, Overtown can come up to where it needs to be andl want to be there. I plan to be here for another ten years, maybe, until can see these changes. Andl was excited today so I came with him. So that's all got to say. I know you guys will do your best to make sure that this happens for Overtown. Thank you. Chair Suarez: Thank you Applause. Chair Suarez: Ma'am, you're recognized. Shawntravia Johnson: Good evening. My name is Shawntravia Johnson. I'm a residence [sic] of 1300 Northwest 2ndAvenue. I would just like to say thatl love what you guys doing and continue to do so because Overtown is Overtown, but it can also be better. Thank you. Chair Suarez: Thank you. Mr. Washington. When are you going to invite me to go watch a football game, man? Emanuel Washington: I'll send you the pictures. Yes. When they turn the lights on, I'll send you a picture. Chair Suarez: All right. Mr. Washington: Mr. Chair, Commission, and all of the dignitaries in the room. I'd like to first City of Miami Page 89 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 say my name is Emanuel Washington, Sr. I live at 16464 Southwest 32nd Street, Miramar, Florida. I'm a property owner in Overtown, born and raised in Overtown. As a matter of fact, I drive 70 miles everyday, five days a week. I spend between 8 and 12 hours a day in Overtown because my community, I'm an advocate for the community andl love it because I know that this is -- that's my home. My wife sometimes refers to me thatl don't live in Miramar; I live Overtown because of the time I spend there. But I don't want to belabor it. And first of all, just thank our Commissioner, you know, for the efforts that she put forward to make sure that our community have what it deserve. Andl also want to thank all of you Commissioners. I really thank you all. Right now I understand and the community understand -- and I echo some of their sentiments, but want to first of all thank you for supporting the bill that's going to go forward as far as the $50 million. I really do. I want to thank you. That's not my issue today. My issue today is about this. It's about -- andl heard the letter that Commissioner Sarnoff -- and I'm saddened that he's not here it. And it comes down to respect. Andl heard him refer in the letter about respecting, you know, some rules and regulations, 'cause we have those things. And that's all in order, to respect is due everybody. But when you start looking at respect, it's not a matter of respecting a letter or a matter of you're not being here. It's a matter of respecting the people because when you really look at what's happening here, you're asking us to respect delaying -- we know timelines are there because to me -- andl understand. We've all been around, that you delay something for one day, it can cost you millions of dollars. And the thing is to delay this vote -- and like I said, I don't want to, Chairman, put you in a position because I know sometimes making tough decisions is what you do andl appreciate that. And I'm asking you all, the four of you that's here today, to make a tough decision. And the decision that I'm asking you to do is to vote. Not tomorrow, not next week, now. And the reason I'm asking you is because why do you put off what you can do today for tomorrow ? We're talking about old adages. Jesus Christ, you know, said or was put in a situation where there was an animal in a ditch. Because it was Sunday, they said -- this is the Sabbath. Should we let that animal die or should we save him? That's what you're faced with right now. You're faced with the ability to make a decision to vote today whether or not to move this item -- because that's what it comes down to. Because if you delay today, we know -- and the Commissioner said -- and we all know -- we've been around -- that poli -- You know, we've got elections coming up. We've got things that's going to happen over the next three or four months that if it don't get happen today and it get happen next month, it's going to run us right into September and ultimately going to wait until December, and maybe this will happen next year or if it happen at all. We're going to have new Commissioners may be in office or may not be in office. But the bottom line is that the sentiments that everybody's echoing right now about they love the community and all that stuff that's irrelevant. What matters today is this. You four individuals that are here today make a hard decision, andl know it's hard. And I'm asking you to do something that -- that's not saying respect -- 'cause it's not about respecting the Commissioner that's not here and his letter. It's about respecting our community and this process. I appreciate your support. I know that you're supporting the item and you voted on it -- all of you voted on it in the CRA and you have it here before you now. I am saying to you, for the people, for me, for all of us, vote today on this item. That's what I'm saying. Thank you. Chair Suarez: Thank you, Mr. Washington. Applause. Chair Suarez: You're recognized, sir. Shawn Selleck: Thank you, Chairman Suarez, Commissioners. I -- my name is Shawn Selleck. I live at 1058 Northwest 27th Street, which is in Allapattah, but I've spent more time over the last few years volunteering at the Overtown Youth Center than anywhere else. And when I go there, I have a lot of other people across the City from all of your districts that volunteer with me; people that live in Shenandoah, people that live in Brickell, people that live in Coconut City of Miami Page 90 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Grove. And all of those people see the potential every day of the youth in the community there. We don't have a youth center like you have in District 5, such as the Belafonte Tacolcy City in Liberty City and the Overtown Youth Center. And so we go there to support the community as best we can. And although there are lots of opportunities there for the youth, I and my friends that volunteer there, we're saddened because we know that there is not much motivation for those youth, no matter what success they might find in life, to come back to their community or to stay in their community. And the residents there have been waiting for years and years and years for that motivation to increase, for the reasons to increase to stay in their community and to support it growing. So I understand Commissioner Spence -Jones' interest in respecting her colleagues' request to wait a little bit longer to take this vote, butt really can't see any better reason to vote today than the dozens of people who have come out, taken time out of their day today to come support this. Andl think that Commissioner Sarnoff and all the rest of the Commissioners that's sitting here, if they knew what their constituents thought that spent time with me volunteering at the Overtown Youth Center, they would want you to vote today. So I just ask you to please consider that. Thank you. Chair Suarez: Thank you, Mr. Selleck. Applause. Chair Suarez: Sir, you're recognized. George Ray, III: Yes, good evening. My name's George Ray. I'm a resident ofMiami, 700 Northeast 25th Street. I'm a professor -- a business professor here at a local college and also a small business owner. And I'm here today because I was reading the newspaper, andl read about the CRA, the $50 million possibly being placed on hold. And as I was driving here -- on the way here I saw a billboard, and it said Believe. And the first thing that came to my mind is I can't believe that you guys would even consider holding the money up, considering how long it's been. We've been waiting for this relief. My boots have been on the ground. These shoes have been on the pavement walking door-to-door, talking to local business owners, small business owners. That's the lifeblood of the community. This community thrived in the past and it can thrive in the future. We need you to do the right thing to -- and that's investing in our community. Our people, we don't want a handout. What we want is a hand up. We're not asking for anything. This is what we deserve andl believe that you guys need to go ahead and consider that. I notice the Vice Chairman is visibly absent. He happens to be the Commissioner in my district, andl just find it very offensive that he wouldn't be here today. Maybe he's out with the Vanderbilts or something, I'm not sure. But the port tunnel project, the stadium, there's funding for everything except for the community that has the most slum and blight. This area is the CRA for a reason. It's because we need help. We need relief. We can't wait any longer. You guys know how to find money. Even when there's no money to be found, you can move dollars around. Please don't slow down this project. Don't stall this project. My fear is that this project will be slowed down, stalled and the money will be redirected somewhere else, andl don't want that to happen, you know. I'll say in closing that there's been different areas of this community that's been receiving stimulus money, okay -- not stimulus from D.C., but stimulus money as in CRA money going to different projects, and it's time for our community to have that money. Let's cut out the monkey business, okay. This is not the banana republic. We need our fair share. And for the Commissioner who's not here, you know, I have dessert for him since he's probably out to lunch or dinner. This is not the banana republic. Applause. Commissioner Spence -Jones: Let me -- Mr. Ray: Cut the monkey business out. City ofMiami Page 91 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioner Spence -Jones: Okay. Applause. Chair Suarez: Ma'am, you're recognized for the record. Commissioner Spence -Jones: So let me be clear 'cause you know we all want to do -- always want to do things in decency and order. The Commissioner is actually out. He's out because he's in London. He's been gone for the whole entire week. So that was a scheduled trip that was there for a while. So I just want to make sure that we don't leave this -- leave the City Commission thinking that he did not show up because he did not want to vote on the issue. That is not what the issue is. So I want to make sure. Chair Suarez: Ma'am, you're recognized. Dorothy Thomas: Yes, good evening. My name is Dorothy Thomas. I was born Overtown, September 27, 1943. I stayed there. I also went to Dunbar Elementary School until my parents bought a home out in Opa-Locka. When I moved back Overtown as a senior citizen now, it was mind -boggling to see the place where I was raised up, where I was born, to see how filthy it is. People that's jobless. We don't even have a decent place to take our grandchildren or our children to go out there and play. I look at other communities and everything when they're showing it boldly as to how they've fixed up the parks there with the waterfalls and everything and all that and the kids are going there having fun on the different slides and different things. And then I walk down the street and all see is filth and broken down houses. We're looking around us over there. No one is doing anything, coming there building to make our community stronger. Everything that we need, we have to go outside of our community in order to get that. We're looking at all these high-rises that's being built that's really pushing the little people out. They're sending you down south. We don't want to go down south. We're as far as down south as we want to go right now and that's Overtown. It's about time that someone came in there and did something for us when we have put out so much. I know when the rich and the famous was coming Overtown because that was the place to be. Your kids could walk down the street and be safe. Now you got to look for a bullet from the drug boys and everything. You know, and it's not fair to us because everyone in Overtown is not a crook, is not a drug dealer. We're human beings that's trying to survive in a place that's really dragging us down, our mentality. You know we're proud people, but to see the life being sucked out of you because of what's going on around you and no one seems to care. You put us on the back burner time after time after time. Oh yes, eventually I'm sure one day we're going to get the money over there and something is going to be done fantastically well over there to make Overtown pretty close if not exactly like it used to be. Chair Suarez: Thank you, ma'am. Ms. Thomas: It's about time that everyone start thinking about Overtown. Chair Suarez: Thank you. Ms. Thomas: You know, everybody just really need to get together and come over there and just walk around and take a look and see how we're suffering -- Chair Suarez: Thank you. Ms. Thomas: -- and how we feel. Thank you. City of Miami Page 92 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chair Suarez: Thank you, ma'am. Thank you so much. Applause. Chair Suarez: Mr. Williams, you're recognized. Willie L. Williams: Good evening to the panel. My name is Pastor Willie L. Williams, Sr. I'm a resident in Overtown, born in Overtown. In fact, I have 42 years experience in Overtown. I have a business in Overtown. I believe in Overtown, andl thank God for our Commissioner who remind us to continue to believe in Overtown. And as I see the things that goes on in Overtown, it's an insult. It's an insult to us as residents. It's a insult to the visitors who try to come over and patronize us. It's an insult and we need to stop insulting the people in Overtown and give them what they deserve. It's over time for Overtown, and we need to go ahead and stop playing games with Overtown and do what we need to do to bring that community up to the standard that it need to be. Many times, you know, you come, you know, I wake up andl can see the change coming in Overtown, but when you see and hear and read the plans that they have, you know, it's an insult to us. And we need to stop the mess. We need to stop. Enough is enough. We need to stop the mess and do what we need to do, and make Overtown the very best that it can be. I'm here to represent our businesses as well, you know. The Overtown Merchants Alliance is -- has a rebirth and we're here to stand together and we're here to work together and to make Overtown the very best that it can be through the businesses. We're going to serve our community the very best that we can, but we need for you -- you know, we're not asking for no handouts. But we're asking for you all to do what is right. And by doing what is right, everything will come together in Overtown. Thank you. Chair Suarez: Thank you, Mr. Williams. Applause. Chair Suarez: Sir, you're recognized. Jihad Rashid: Good evening, Mr. Chairman, Commissioners. My name is Jihad Rashid. I live at 2983 Washington Street, Coconut Grove/Miami, Florida. I just felt compelled to add my voices to all those who proceeded me who articulated very well the case. It doesn't need a case. I find it personally outrageous that the consideration of the City's credit or well-being would rest on the back of the people who are most dis-enfranchised and that has been long suffering. And we're looking for economic and social justice, and justice delayed is justice denied. So I just want to illustrate the depth and breadth from a person who worked tirelessly here in Coconut Grove with the similar issues. So I support you, Commissioner, and I think you're doing a good job. And I know you folks have the right intent. Let's do it. Thank you. Chair Suarez: Thank you, sir. Sir, you're recognized. Rodolfo Lorenzo: My name is Rudy from Jerry & Jones and the meat store. I've been in Overtown for almost 13 years. I've seen all the progress that we have done. And right now we have the Believe campaign and all those different things that you're putting together, and it seems that you're going to stop now with all the moving that we doing. We need to keep moving and we need to have this vote today for the better of the community. As a business owner, I would like to employ more people. We have all this service going through Overtown. You're telling the people that we're stopping now. Why we stopping? Let's keep going. We doing great and we're going to keep going. Please make this vote count. Thank you. Chair Suarez: Thank you, sir. City of Miami Page 93 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Applause. Chair Suarez: Mr. Mayor. Joe Carollo: Good afternoon. For the record, my name is Joe Carollo. I'm a resident and taxpayer of the City ofMiami, right here in Coconut Grove. Good afternoon, Mr. Chairman, and members of the City Commission, and board members of the CRA, Mr. City Manager, Madam City Attorney. I'm here today in favor of doing justice for Overtown, one of our most historic communities -- Applause. Mr. Carollo: -- in all ofMiami. I do not know of any community in America that has had more promises made to and not kept than Overtown. Applause. Mr. Carollo: The only exception might be some of our native American Indian communities. But outside of that, Overtown has had a history, a very rich history, but of unkept promises, too. The monies that you Commissioners have voted -- and let me commend all of you for the initial step that you took -- these are not monies that are being given as a gift to Overtown. These are monies that have come from Overtown, that belong to Overtown, from the properties of Overtown. This is why we have a CRA that was established. So I want to make it clear for others that might be listening at home and other places, it's not a gift that's being given. We're giving what's due, what belongs to Overtown to them. Applause. Mr. Carollo: I just want to say, Commissioners, thatl hope that you go forward in this $50 million bond issue. Andl also want to say thatl hope that this is only the beginning, that this is the first foundation of many millions of additional dollars that we need to put in Overtown. There's no reason to have dozens of empty lots that we can build homes there, and we have the money for it. And Commissioners, I commit to all of you, and to you particularly, Commissioner Spence -Jones, thatl will show you where you could pick up at least another $250 million that you could bring to Overtown from the area around Overtown -- Applause. Mr. Carollo: -- to complement the original 50 million that I'm sure this body is going to approve for Overtown. Thank you for your time. Chair Suarez: Thank you. Applause. Chair Suarez: Sir, you're recognized. Keith Ivory: Okay. Good afternoon. My name is Keith Ivory. I'm a resident of Overtown, also with the Overtown Alliance, which is group of residents, churches, business folks that when the word goes out it's time to rally, we come together down to the City Commission or County Commission, wherever we need to come to make the people voices heard. You know, the thing want to say because the sentiment has been put here through history and the piece that need to be passed today. But I want to say to people, when I'm out and people say, where you live? I say, I live in Overtown. I may be in Coral Gables, Hialeah, Miami Lakes. They say, where you City ofMiami Page 94 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 live? I say, Overtown. They say, Overtown? I say, yeah, that's right, Overtown. I say, Overtown. We are logistically in the center ofMiami. I say I'm proud to live Overtown. I'm three minutes from Jackson hospital ifI have a problem. If there's a game downtown at the arena, I don't even have to worry about no parking. I can basically walk over there or catch the People Mover. If there's an event at Bayfront, at Bayside, I don't have to worry about parking. If you Overtown, you don't have to worry about parking. Y'all know we walk over to Bayside or either catch the train. You know what I'm saying? If there's anything happening in the center ofMiami, we can get there, no problem. That area of Overtown is logistically blessed, y'all, and if you don't think that there are forces out there that been wanting us out of this area for a long time -- Applause. Mr. Ivory: So we come here today to say, Commissioners, it's in your hands, pass this. Many promises have been made. Let's take it in our generation because a lot of the folks that are around my age now -- I'm 52 -- we was here in '68 when we saw and we heard our parents and grandparents talking about the change that was coming during the I-95 expressway. We remember the stamps on the building that said urban renewal, and later on it really meant urban removal. But we are here today that in our generation, that hopefully that we can make a change for all the people that died and suffered back in the day to get to us this point. So I'd like to say, thank you, Commissioners, and do the right thing. Andl am glad -- Chair Suarez: Thank you. Mr. Ivory: -- to be from Overtown and you be too, wherever you go. Chair Suarez: Thank you. Mr. Ivory: Thank you. Applause. Chair Suarez: Sir, you're recognized. John Pace: Good afternoon, Mr. Chair, Commissioner Spence -Jones, and all the Commissioners. My name is John Pace, executive director of the Federation of Black Employees, organizers of the North Dade Miami Gardens Vets. And as you see, I wear my veteran hat. Andl can remember when I was 19, I went to Vietnam. I was shot at, almost died. I came from Overtown; grew up on 8th Street, 8th Street Bulldogs, 14th Street Cowboys, 17th Street Raiders. Those were -- and of course, we can't forget the 20th Street Sharks and others. We were that generation of hope. 2012 from 1969 is a long time. That's how long we've been suffering, hoping that Overtown would come alive. We used to say come alive in Overtown. Now it's amazingl went to the war and everybody who knew I was from Miami wanted to go where? To Miami. You know, they thought about all the movies we made, all the superficial things that was made in movies and exemplified all over the world. And we stand here today, May 10, talking about taking something from Overtown. I just find that impossible to believe that this diverse community, this diverse Commission could sit here and not allow hope to continue to grow. So I hope that you do the right thing, which is to vote today regardless of who's not here, to go forward with the 50 million for Overtown. Not only do we deserve it, we've earned it. Thank you. Applause. Chair Suarez: Thank you, sir. Sir, you're recognized. City ofMiami Page 95 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Marvin Charles Lue, Jr.: Good afternoon, Mr. Chairman and other Commissioners. I am Marvin Charles, Lue, Jr., pastor and senior servant of the Trinity CME (Christian Methodist Episcopal) Church ofMiami, where we're connecting minds, bodies and souls to not only the heart of Christ, but to the heart of Overtown and Miami and beyond. I just want to make this statement. Empowered people, empowered people, empowered people empower people. Empowered people empower people. With these resources that are made available to us today, we can change our own community. We are like the people that were working with the prophet Nehemiah when he was rebuilding the wall. The people have the determination. The people have the heart, but they simply need the tools. If you give us these tools today, change can happen tomorrow. We're not asking for a handout as if we're welfare recipients. We're asking for our proper due so that we can stand and show our worth because Overtown is filled with overcomers, and overcomers change things. Chair Suarez: Thank you, sir. Applause. Chair Suarez: You're recognized, sir. Anthony Whitfield: Anthony Whitfield, 6025 Northwest 6th Court. I'm up here talking about the Curley's House today. Because they serve so many people, we understand what's going on and the different mindsets of the individuals that we serve. A lot of times the individuals that we serve just need a break. Just need a break. Giving them a break sometimes means giving them a job, just giving them just a little bit of help. What we're tired of doing is the unpromised unkept promises that you say. If we can just create our own funding, our own funding, let the leaders of the community do what we need to do, we'll be able to create jobs and different things like the T,FD (Light Emitting Diode) boards. Again, the LED boards, the 14 by 48's, I need to speak with everyone because those LED boards, if we can get some -- I understand there's a contract that y'all have and everything and how many years, I agree, but with those digital advertising dollars it can go into the nonprofit communities, not just a couple dollars. We understand that. But we talking about the monies generated from that can go and help our own selves. That way we can go into the communities and turn it back green, train individuals. We can do it ourselves if you just give us the resources. Let's talk about the LED boards, bring them all to the table, if we can, and let's try to move forward, but that can be a perfect way to get the funding that we need to move forward. Chair Suarez: Thank you, sir. Mr. Whitfield: I appreciate you, sir. Chair Suarez: Thank you. Mr. Whitfield: Thank you. Applause. Chair Suarez: Sir. Eddie Lake: Good afternoon, Mr. Chair, Commissioner Jones [sic], to the Commission, to all of the officials, to a board member, to Mr. Woods. I am Eddie Lake, the senior pastor of Greater Bethel African Methodist Episcopal Church, located at 245 Northwest 8th Street. I'm delighted to be here this evening as a new pastor to this community for about 15 months. I'm thankful and grateful for the opportunity that I had to bring a van load of wonderful men and City ofMiami Page 96 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 women representing Town Park. Y'all waive your hand. Praise the Lord. And it's my privilege to speak on behalf of our congregation. In the short time that I've been a part of this community, I have been welcomed well by the constituents and by the politicians and we're grateful for you and for the work that you've done. However, we do understand that there is a problem. The problem has been stated clearly by so many of these wonderful people of Overtown and the City ofMiami. However, there comes a time where we have to take action, andl don't see why this Commission cannot approve this moving forward today. Years ago at a church that I pastored, I led in a revival, utilizing the passage of scripture from Isaiah 40: 31. It says they that wait upon the Lord shall renew their strength. They shall mount up with eagle's wings. They shall run and not be weary. They shall walk and not faint. It says they that wait on the Lord. But I want us to understand that God did not tell us to wait on the Commission or to wait on the City or wait on the County or wait on the federal government. The time is now. The wait is over. We have to take action. We have to take it now. Little babies who are sick and hungry, they don't have the time to wait. Families that are in disarray and dysfunctional and can't provide housing and don't have jobs, they cannot wait. Senior citizens who cannot fend for themselves as they did years ago -- Applause. Mr. Lake: -- they cannot wait. The wait is over. Vote. Do it now. Let's make a difference. Overtown deserves the best. The wait is over. Thankyou. Chair Suarez: Thank you. Applause. Chair Suarez: Okay. This is the last speaker on this item, and then we're going to close the public hearing. Thankyou. Sir, you're recognized for the record, Mr. Crespo. Al Crespo: Al Crespo. I publish the Crespogram Report. And after that, reverend, I -- Chair Suarez: It's hard to follow, buddy. Mr. Crespo: -- pretty much -- Chair Suarez: It's a hard act to follow. Mr. Crespo: The first thing I'd like to say is, all you folks, especially all the folks who were filled up in these chairs and have left, you all better come back two weeks from now. Don't think that because you came here today and gave it your shot that this is over with. You better be back here two weeks from now and you better stay till the end. You don't come and talk and then walk away, you know. You better come and stay here, and sit and talk, and make sure that whatever goes down, you're here till the end. Now, y'all know that I'm not a person who loves the CRAs. As a matter of fact, I've written some pretty bad things about the CRAs and about Mr. Bockweg, the executive director, and about Mr. Sarnoff, the chairman of the Omni CRA. Having said that, I do support this effort, but I'm concerned about this, that something has to be done about the CRAs in general. Commissioner, I disagree with you when you said, well, the CRA is us but it's not really us, meaning the City Commission. You're right, you quoted process. But you all are the ones who make the votes. It's the same people who vote at the CRA and vote at the City Commission. You all are supposed to be the oversight for the CRA, but instead you take the actions at one point and then you turn around and come back and do the same thing. I think you all need to revisit that in a very serious way and figure out another way to do this. I have problems with what possibly could become the separation of the CRAs. I understand it. I understand the concerns. I understand the frustrations, but you got a problem because there is City ofMiami Page 97 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 one opinion out there, which I posted on my Web site today, a legal opinion by a pretty well-known expert on CRAs, that says that CRAs should all be -- no matter how many problems you have or how many sections of a community you have, they should all be dealt with through one CRA. But there's also the whole issue of this money for the tunnel. You know, in December of 2010, I'm the only person that wrote about that issue. It's on my Web site. It's on my Web site today. I reposted that story, and the fact that the City is now obligated to pay off the $50 million, not the CRA. And my question is, since the decision was made in December of 2010 and we're now in May of 2012, why during the ensuing 18 months was there no action taken for a bond issue to be floated to cover that $50 million until now? All right. Because that's kind of an important question to ask. You all paid off $5 million last year. You owe $45 million this year. You've committed as part of the deal, all the non -ad valorem tax money in the City should this default, which would essentially mean that you'd bankrupt the City, you know. That wasn't a good deal to begin with as I wrote because I said, you know, at least when I used to rob banks, I put on a mask, you know. Chair Suarez: Okay, I need you to wrap it up. Mr. Crespo: So my concern is, I, too, would like to see this voted on today because you know what? If the Commissioner who is missing cannot bring something positive, more than what has been said today, what reason do you wait? The only reason you wait is because he's coming, perhaps, with something negative, okay, because if he has nothing but positive to bring to the table, he can forgo that positiveness to do it. Chair Suarez: Thank you, sir. Mr. Crespo: Thank you. Applause. Chair Suarez: Mr. Roche. Manny Roche: Manny Roche, 3101 Southwest 19th Terrace. Even though I never lived in Overtown, I have eaten the best ribs, smoked ribs and barbecue ribs in Overtown. And can tell you that what's happening with the City or actually the city [sic] of Overtown, that community is not just the community itself. It is a reflection on the entire City because everything that happens on every bit of community that happens in the City ofMiami and no matter what town it is, whether it be Overtown, downtown or whatever, it is reflected on the entire community. And we need to work with every community and make sure that every resident is addressed and their needs covered. If we do that, then we're doing our job. Andl know that Commissioner Spence -Jones has done a great job and has done a lot of -- put a lot of efforts behind this, and you all are going to also support her, which is I believe what she says when she says that you're all supporting her. I hope, even though I've never lived there, that we can one day walk through there and cut that ribbon like we've done in so many other towns and so many other events, and cut that ribbon where we can say how beautiful Overtown is. Thank you. Chair Suarez: Thank you. Applause. Chair Suarez: Okay. This is now the last speaker. Ma'am, you're recognized. Dorothy Jenkins Fields: Thank you. City ofMiami Page 98 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chair Suarez: You're very welcome. Ms. Jenkins Fields: Dr. Dorothy Jenkins Fields. Overtown. Commissioner Carollo, Commissioner Suarez, Commissioner Gort, Commissioner Michelle Spence -Jones. It's been more than 25 years when the CRA was created for the purpose of wiping out slum and blight. And as a part of that resolution, signed by the City, approved by the County and accepted by the State of Florida, the historical significance of Overtown was to be highlighted. In all of these years we have waited, and the promises and the promises and the promises. And while we waited, we saw the Miami Heat arena being built and torn down. We saw the American Airlines Arena being built and thrived. And then a baseball stadium came, and we were told that there was no money for it, that it really couldn't be done, but within a bat of an eye, it's up, it's functioning, and it is something that we're all proud of and we are still waiting. Commissioner Carollo, your father was here. Chair Suarez: Brother. Commissioner Spence -Jones: Brother. Ms. Jenkins Fields: Commissioner -- brother. Commissioner Suarez, your father? Chair Suarez: Yes. Ms. Jenkins Fields: My dear friend, Commissioner Gort, we've been through a lot of battles together. We have won some and we have lost some. But you know, all of you, the three -- the four of you who are here, Commissioner Michelle Spence -Jones is new to us, but she has done more in her few years here than many others have done. Applause. Ms. Jenkins Fields: Andl was so proud as I saw all of you stand with her with the Belief [sic] campaign. I'm one of those participant observers, and so I participate a little bit but observe a lot. And if you really believe what you say, then there isn't any reason for us to have to wait again with another promise. Chair Suarez: Thank you. Ms. Jenkins Fields: We ask that you stand and be statesmen today, not politicians. Chair Suarez: Thank you. Applause. Chair Suarez: Okay, I'm closing the public hearing on RE.14; bringing it back. Commissioner Gort, you're recognized. Commissioner Gort: Thank you, Mr. Chairman. I think it's important that we bring a little history back. And it's important to go back -- and many of you sitting here know about my work in Overtown, my work -- volunteer before I became a politician. I know some people are calling me a career politician, but I was an activist for 33 years and only been a politician for 8 years, so let's clam that. The biggest problem that we've had is the urban renewal. That was a great excuse that was used. And let me add something which is very important. We have a new Finance director. We have a new CFO (Chief Financial Officer). They just been here for a month or two. They're doing an excellent job, so I want to make sure we're not criticizing your function. You only been here a little time. It's important to realize 1-95, the growth of City of Miami Page 99 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Miami -Dade County, has been detrimental to the City ofMiami. 1-95 destroyed some of our most beautiful neighborhoods; Lemon City, Overtown, downtown Miami, South Miami. And then what, you have 836. 836, my parents saved and built a duplex so they could live in one side, and then the other side they could rent so they could have for their retirement. Guess what? 836 came in and went out. It destroyed Little Havana. It destroyed Grapeland. It destroyed Flagami. But the County was growing, so we needed that, we needed that urban renewal. Then you had the 1112 [sic], Allapattah. Beautiful downtown -- some ofyou might recall that we had a beautiful downtown on 36th Street. We used to have JByron's. Anybody that wanted to buy a car had to go there. That was destroyed. Destroyed our neighborhoods; Liberty City, Allapattah, and all our neighborhoods. Unfortunately, that's the price we got to pay for the growth. Andl don't know -- some ofyou might not know, butl was able to go to St. John. I don't know how many of you here in Overtown remember a place called St. John. Okay, I visited that place. I was very young and sneaked in. But it's important to understand -- my understanding, 1982 -- in 1979, the development plan was done. In 1982, Overtown was designated as a CRA. It was in 1985 that they found that there was not economic development within Overtown to really get the revenues for it, so they put Parkway [sic]. That's why they call it now the Southeast Overtown and Park West, 'cause Park West is where the buildings are taking place right now. Those buildings that you see on Biscayne Boulevard that's producing taxes, those are the one that we're using for the CRA. So it took a while for those revenues to come in. In the meantime, I want you to know the City worked with the CRA, utilized some of the staff some of the fundings [sic] that we had. I remember as the president of the downtown business association back in '85, we came here in front of the City Commission asking for the improvement of Overtown because we understand the importance of the growth of the whole City. We need to -- we can't have a bad neighborhood and we can't have a detrimental neighborhood. We've been very lucky that we've been able to do some of the work. I think some of the work that Spence -Jones, Commissioner Dunn, in there in the 3rdAvenue, we beginning to see some of the difference. And I'd just like to clam. We're not taking money from one place to another place. We need all of it. What I'm asking for at this time, too, the Administration's got to start working on the part of the tunnel. That money does not come from Overtown, but we have something due in January and we have to find a way to do it. And the money is not from the Overtown, it's not from the ad valorem taxes. It's from the CRA that will come through there. But think it's important. We are going to do it. Andl stated before, we voted for it already in CRA. We looked at all these projects and think this project that need it and we're going to do it. I just want you to know that. We are going do it. Chair Suarez: Thank you. Applause. Chair Suarez: Okay. Commissioner Spence -Jones: Frank? Chair Suarez: Yeah. Go ahead. No, go ahead, please. Commissioner Spence -Jones: No. Frank, you don't have any comments? Commissioner Carollo: I'll yield to everybody. Commissioner Spence -Jones: Okay. Chair Suarez: Go ahead, Commissioner. You're -- Commissioner Spence -Jones: No, no. Go ahead. City ofMiami Page 100 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chair Suarez: No. I -- Look, I was also surprised to get that information when we got it. You know, I can understand when information is given in that way, in that fashion, that it does raise red flags. It does create suspicion unnecessarily and it is very unfortunate. It's a -- andl think we do need to be clear. What's happening here is at least most of these Commissioners did not vote on the -- on what they call the global agreement, which did a variety of different things. And one of the things that it did is it required the City to pay $50 million -- or the CRA to pay $50 million to the construction of the port. That debt was assumed by the City ofMiami and it has to be refinanced by January -- I believe it's January of 2013, if I'm not mistaken. So I think the concern is that since that is a debt of the City which could in effect bankrupt the City if we do not pay it -- if the balloon date arrives -- January arrives and we have not yet done the refinancing and they call the balloon, which is a $45 million call -- we have I think $20 million in reserve, maybe, so we would be bankrupt instantly. And so I think that's the concern. You know, the entire City would be thrown into disarray. All of our CRAs would be thrown into disarray if our City was in bankruptcy. That's kind of home base. So we have to -- that has to be a priority in terms of making sure that the City doesn't go bankrupt. Having said that, I was very proud to vote in favor of this at the CRA and to be there and support the Commissioner. And the reason why -- I understand the reason why we did it. The main reason why we did it -- and nobody's talked about it -- is that people are trying to destroy CRAs. And the fact of the matter is, by doing this you ensure that the CRA does not get destroyed. And the other reason why I voted for it was because we had done the due diligence of identiing the projects and how we were going to spend the money because I think there's always been a concern about how the money's been spent and we wanted to guarantee that the maximum amount of dollars were dedicated to the community and that they were dedicated in a fashion that was -- that would bring the largest benefit to the community. Andl think -- I'd like to again recognize Commissioner Spence -Jones and Commissioner Gort, who worked tirelessly to identf these projects that are shovel ready, ready to go, that can get automatic tax credits from the State so -- most of them. Mr. Woods: Bond financing through the County. Chair Suarez: Okay, bond -- but also I think some of them can get the automatic tax credit too. Mr. Woods: Yes. Chair Suarez: So I think, you know, it's a combination of -- but they're all fully funded if we do this. That's -- the key is that they're fully funded. What we used to do in the CRA a lot of times is we would grant people money, but they'd have to go find money somewhere else, and they couldn't find it. So they'd come back in a year or two years or three years and say, listen, we got to give you back the property -- Mr. Woods: Right. Chair Suarez: -- because we weren't able to get the financing. What we're doing here is we are solving the problem. Andl remember a meeting that we had a long, long time ago, andl said, listen, Clarence, I would rather do less that we can do and do immediately than try to do everything for everybody and never get it done, you know. And that was actually before you came back, and you have been the one that's actually made that happen. So, you know, I commend you both for your work. And so, you know, I'm willing to listen to whatever the other Commissioners have to say and we'll decide what we want to do in terms of action. Commissioner Gort: Point of the international shoremen. I want you to know, I'm proud you did the tunnel because the tunnel -- what people don't understand, the dredging that is taking place today, we're going to be able to bring ships. We're going to be one of the few ports in the City ofMiami Page 101 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 whole state and no money from Overtown is going to be used to pay for that, so you did the right thing. Just wanted you to know that. Unidentified Speaker: One of three on the east coast. Chair Suarez: Anyone else? Commissioner? Commissioner Spence -Jones: Thank you, Mr. Chairman. The first thing that really want to say before we actually take up this item is that I am so proud to see my community come out in full force to support Overtown. So I want you to give yourselves a hand. Applause. Chair Suarez: Can I add -- can I just add something to that? Can I add something to that? I also want to thank you for respecting the rules that are established here. This was an incredibly orderly procedure from start to finish. Andl want to tell you, as Chairman, sometimes it's hard for us, you know, to keep meeting on track andl really thank you for your cooperation on that. Commissioner Spence -Jones: I want to add -- and I'm glad you said respect 'cause that was going to be my next statement. And that was every single presentation that stepped to the mike was done in a very respectful and dignified way, and that says a lot about how people feel about not only themselves, but about Overtown. We can communicate our message. We can communicate what we want to see done. And today we did an awesome job. This happened in 24 hours. This says a lot. I don't remember the last time I sat in a City Commission meeting and had so many people come out for one issue. So it says a lot about how you feel about Overtown. I -- this morning -- whenever I come to the dais, the Commissioners know I always have my agenda on one side and my bible on the next 'cause I feel like I just need to have it. Chair Suarez: You need them both. Commissioner Spence -Jones: They probably don't know what I'm doing, but nine times out of ten I'm studying sometimes just because I really want to make sure that everything that I do up here, I do it from a righteous standpoint. This is never about me. This is always doing what I know is the right thing to do. And sometimes you have to make a decision on issues because it's the right thing to do. And today it's amazing how things happen because sometimes I just open up the bible, I don't even know what I'm going to go to in the bible, and I'll just read something. And l -- if you would just indulge me for one second. Chair Suarez: We will indulge you. Commissioner Spence -Jones: Today's word when I opened up the bible said doing what is good -- and this comes from Titus 3. And I'm just going to read three lines out of it 'cause I think it's important to say it. But remind the people to be subject to the rulers and the authorities, to be obedient, to be ready to do whatever is good, to slander no one, to be peaceable and considerate, and to show true humility towards all men. And when I read that -- and the sub -- the section header saying -- said doing what is good -- the first thing that came to my mind in the midst of all of this is how every single person, even with them getting heated, they did everything in a very decent, mannerable way, in a very respectful way, a very peaceable way, and with true humility. And the bottom line to all of it is is that we have a responsibility to do what is good. Andl say that to say I know that, you know, this is a tough decision from the standpoint of we, as Commissioners, have our own rule up here, and that is that we respect a Commissioner and them asking for a deferral on any items. As I stated before I started, I've had a couple of items that I've asked for the same thing on, and my fellow colleagues granted me the same thing. My concern, though, in this hearing -- andl have to at least put it on the City of Miami Page 102 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 record -- is the question came up on the issue of urgency. Andl hope the people today, at least that came out to speak today, showed you that -- today that this is an urgent matter, that the people have waited long enough, and that the time frames that are associated with waiting affects so many other things. Andl just want my colleagues to understand what they affect. Like 60 days ago, I believe Clarence and some of the members of the CRA staff we flew to D.C. (District of Columbia), and unfortunately, there was a big issue and we've been working on, for the last six months, trying to save the Town Parks. Before I went away on my sabbatical, or whatever you want to call it, Town Park Village was having a very similar issue and we had to go to D.C. to meet with HUD (Department of Housing and Urban Development) to handle that issue, and we did. Now there was a second Town Park that was having a similar issue and if we did not act on it immediately, then the people of that particular Town Park -- I believe it's Town Park South -- would have to vacate the premises in about 60 days. Now for me, there was no question as to where I needed to be. I needed to be in D.C., sitting in front of HUD saying we can't do this. We have to figure out another way to do it. A hundred and sixty-one residents of Town Park would have literally had nowhere to go. Part of the promise that was made in that meeting, which is why the $50 million is extremely important, is that they would give us time to work out the details on what was happening with that particular Town Park, but they would only give us, how many days? Sixty days. So that was all included in this overall vote that we took two -- almost two weeks ago. So for me, it is a sense of urgency because we made a promise in D.C. that we were going to be moving things along, and I just did not want to have that become an issue. The other issue -- and Commissioner Gort mentioned this earlier -- there are several projects, four in particular, because Town Park is more of a rehab project. It is a rehab project for the residents that live in Town Park that was there before anybody else thought about being in Town Park, and those facilities need to be upgraded. They're coming up on their 40-year certifications, and if those things are not corrected -- and quite frankly, those units need to be rehabbed and updated. But the other part of this issue was the issue of the four projects that we talked about that was shovel ready. Two of those projects, at least two of them -- I know for sure one of them -- is partnering up or utilizing NSP (Neighborhood Stabilization Program) dollars to make -- to happen. So we already know from the federal government side of it, you can't wait because you have to spend that money when you say you're going to spend that NSP money. So when I hear from my fellow colleagues -- andl want to respect Commissioner Sarnoff and his request, andl understand how he got there clearly. He got there because, clearly, there was an alarm that went out that created confusion around the issue. Andl mentioned it earlier. I was very disappointed in some of the staff members in what I felt -- and maybe they didn't feel it -- was an attempt to sabotage the process, to create a problem so that this could not move forward. Andl still believe that was the case. I explained that don't believe that was the Manager. I don't believe that was the CFO. But I do believe that there are certain individuals that created an issue that colored our decision. Now, I want to respect whatever my colleagues want to do, but what I do want to say in the process of all of this is the item that we were voting on today, which is really strange and crazy to me, was not for us to vote on the $50 million because the loan documents has to come back in front of the CRA Board anyway before we can do anything anyway. To me, today was more or less a symbolic gesture for us pushing forward to the next level so that the County can do what it needs to do. Mr. Woods stated earlier, we have three other cycles that we have to go through even in the County side before it can be even heard on the Commission side. Thank God for the chairman that was here today. Thank God for the County Commissioner that showed up today to say that they, too, support this effort and will push to make sure -- and I'm glad they showed up 'cause now we can hold everybody accountable to make sure it moves on that side. But part of me in my heart feels really troubled because I know I have sat up on this dais and we have voted on issues that clearly is not going to have the same kind of impact like it's going to have in Overtown when we make this vote, and compared to every other minor little project that we have done from the emergency standpoint, we made decisions without even -- a lot of times even with us going back and forth because we felt that it was something we had to do immediately. Now I'm going to say this because the comment came up earlier about the global agreement, City of Miami Page 103 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 and it was stated, well Commissioner Michelle Spence -Jones -- it was not said that, but the statement was made none of us up here voted for the global agreement. You're absolutely right; no one did. I was the only one up here that voted for the global agreement. And if you look at all of my testimony when I voted on it, I was very clear that in order for anything to move forward, that the people of Overtown must be included. And as a matter of fact, I know my City Attorney was sitting here during the time. The Mayor, the Manager, from both the City and the County, put on the record, Commissioner Spence -Jones, we remain committed that even after we -- even when we build the tunnel, even when we build the Marlins stadium, all these things that were going to happen, we're going to make sure that Overtown gets its fair share. And I'm just -- I'm asking my fellow colleagues, you know, to really, really think about what we're doing. We are making -- we are taking -- making a symbolic vote today to tell the people, to tell the residents of Overtown that we do want to see progress take place. I understand us doing -- having our due diligence. I understand that we need to make sure that things take place. But it's been very clear and it's been put on the record that the two things are not connected. What happens for the Overtown CRA with them issuing their bonds does not affect anything that happens for the City. We all know sitting up here that even if the City at this point wanted to even go out for their bonds now because of all of the existing SEC (Securities and Exchange Commission) -- andl don't want to get into airing our dirty laundry -- we can't even do it anyway. So I'm saying we can't afford to wait 'cause it's going to be another three months before we actually see something happen. We can't make that three months turn to six months. And I've sat on the dais andl know how things happen. I'm simply saying the first step in all of this is us, as a City Commission, blessing the fact that this needs to happen. The second part of this is the County and working through all the maneuvers to get the stuff moved in the County, which we know is going to take, hopefully, by the end of June. And then even after that's all been said and done, this still has to come back in front of the CRA Board, which I'm hoping that I can get by the end of July because now I'm going into August, which is an off month for all of us, and elections. So I won't be able to see anything really actually physically moving until probably September. And as stated by, earlier, Emanuel Washington, things may change in the County. People may change in the County. So then Overtown, once again, is caught in the cross fires of nothing happening all because someone had a different agenda, all because somebody was manipulating the situation, all because someone was trying to create division between my fellow colleagues that sit up here to create a problem. And I'm just simply saying to every single last one of you that's sitting up here -- andl respect Commissioner Frank Carollo because I know his heart is always in the right place and he's always trying to do what's right not only for the City, but he's always trying to do what's right for people. So I don't have any issue and any concern with when he brings up his issues. And you're right; he should understand everything that's going on. I respect to the utmost Commissioner Gort. I do understand that he's been in this struggle a lot longer than me and probably has done this two or three times around me even sitting here. But even with us working on this over the last five months since me getting back, I deferred to him on every single issue. I didn't vote -- I didn't pick any of these projects. I made sure that he vetted out every single project to make sure that it was going to be great for the residents, great for Overtown. So we have been working on a process. This process has not -- it didn't happen in 48 hours. And last but not least, our Chairman that has taken leadership on issues that sometimes that may be uncomfortable for others but stands on issues because he knows the importance of making a difference in the lives of people, and his leadership has shown that. I just -- it's just very difficult for me to swallow this pill when we know that Overtown is the oldest black community that exists in Miami -Dade County that now has an opportunity, a real opportunity for us all to make history and we are utilizing or using -- andl don't want to say the excuse because it is a valid point, but what's more important, the sheet of paper or what needs to happen right now because of the sense of urgency? And I say this in closing. You know, I passed out each and every last one of you guys a copy of this article 'cause it was brought to my attention. Andl didn't know because, quite frankly, in 1984, I don't even know what I was doing. I was probably in high school or something. But Bea Hines wrote -- and I'm just going to read the first two paragraphs. And City of Miami Page 104 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 this was in 1984. "Miami missed chance to help save Overtown. When Miami voters failed to support the bond issue for the Overtown-Park West redevelopment plan, they failed to put their money where their mouths are. They also missed the opportunity to help upgrade the quality of life for the people in one of South Florida's most neglected neighborhoods. One needs only to drive through some sections of the area to understand how badly it needs the facelift." Now, they were saying that in 1984. It is now 19 -- excuse me, it is now 2012 and we're still saying the same thing. So I'm just going to say -- I'm just -- I just pray that we do what's right. I just pray that we do what's good. Today's vote is not a vote on the loan document. Today is a vote to say, go ahead, head on to the County to do what's necessary; continue to look out, our financial advisers, to see what is available for us to begin moving on this process. But beyond that, before we could even do anything with the loan document, it still has to come back in front of the CRA Board. I'm going to ask my -- our financial adviser to at least put it on the record because, quite frankly, I'm really hurt and disappointed because you know when people are putting roadblocks -- andl'm not talking about my fellow Commissioners -- up for progress. You know it, you recognize it. And I've gotten from my Manager there's no problem. I've gotten from my CFO there's no problem. I've gotten from my director of Overtown/Park West there's no problem. I've gotten from our attorneys -- andl'm going to say Bill Bloom, not Julie. But at this point, Julie say it's on us. So I got from them there's no problem. So now I want to hear from my financial adviser on what actually -- if there is a problem, where are we right now and can we move? Sergio Masvidal: Sergio Masvidal, Public Financial Management, 2121 Ponce De Leon Boulevard. I think, Commissioners, obviously, it's important that you have all the information in front of you when making any decision, so it's important you understand the permutations of both the City's loan -- well, the Southeast Overtown loan. When the issue was raised yesterday, it was brought to our attention -- it was requested of us to go out and do market research and ask basically of the banks and our internal pricing desk if there was any issue with market capacity, market access, and market saturation from both of these loans going at the same time or on a similar course. And the answer that came back was there's really plenty of market access to go forward. Two $50 million loans is a reasonable size. The banks in today's environment are willing to lend money. The decision of a bank to lend money to the City versus the Overtown CRA or one versus the other won't be made on the total capacity of the bank's ability to lend. It will be based on the credit that they're looking at. And as we've stated here, I think clearly it's two separate credits. We have TIF (Tax Increment Fund) revenues and we have the City's CB&A. You know, on either side, no one can guarantee you either loan can't or can get done. It's a process, as one of your Commissioners knows from his former life. It's a process that goes -- that you go through and the banks make that decision what they want to lend on. One other important point thatl think that actually just dawned on me as I was standing back there listening. If there was a concern about market access and the ability to complete both these loans at the same time because one bank might bid on one versus the other, at the point that we've brought this to the public right now -- and it's out there. I mean, the banks know now, and they're watching, they're reading the newspaper. They see Commission meeting minutes. They know there's two loans coming. If they don't want to bid on one because they don't like the credit, they're going to pass on it anyway. So I think -- Does that more or less answer the question? Commissioner Spence -Jones: So just so that we're clear. At this point, you're saying that after you did your research today 'cause based upon yesterday's meeting, the research that came back from it, that even if we floated -- the CRA Overtown board floated those -- issued those bonds, that would not affect whatever the Omni or whatever the City's trying to do on that end? They're two separate matters? Mr. Masvidal: Correct. Commissioner Gort: My understanding -- let me go back. So you did your homework and you City of Miami Page 105 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 called the market and you talked to the different people in the market, and they tell you there was a need for it, there will be buyers out there? Mr. Masvidal: There's capacity and there's appetite on the bank part too. Commissioner Gort: Now let me ask you a question. My understanding is, we intend to look at the private placement through a bank. When they comply with a private placement, are they complying also with the CRA requirement that they have? Mr. Masvidal: I'm sorry. Ask your question again, Commissioner. Commissioner Gort: The banks need to allow certain funding to take place in certain neighborhood or certain -- Mr. Masvidal: Correct. Commissioner Gort: -- neighborhood. So this will qualify them for certificate of the CRA for the banks -- Mr. Masvidal: Yes. Commissioner Gort: -- so it will be an additional benefit for the bank? Mr. Masvidal: Yes, in most cases. Commissioner Gort: Okay. Mr. Masvidal: Depending on the projects. Commissioner Gort: Depending on the project, yeah. Thank you. Chair Suarez: I have a question. I guess I just want to maybe frame the question a little differently, but ask almost the same question, which is, is it your opinion that one transaction will not affect the other transaction? Mr. Masvidal: Yes. Chair Suarez: Okay. Mr. Masvidal: Again -- and just to be clear. Chair Suarez: Yes, one will not affect the other. I just want to clarify. Mr. Masvidal: IfI can expand on it? Chair Suarez: Of course, of course. Of course, I'm sorry. Mr. Masvidal: Just to be clear -- Chair Suarez: Yes. Mr. Masvidal: -- no one can guarantee you either loan is going to -- Chair Suarez: Of course. City of Miami Page 106 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioner Gort: Right. Mr. Masvidal: -- get done. Chair Suarez: I agree with that. Mr. Masvidal: But yes, one should not impact the other. Chair Suarez: And by the way, I think the last time we went out to the bond market, we were oversubscribed by tens of millions of dollars, ifI -- andl think that was either the garage -- I think that was the garage was the last time or maybe there was some other bond offering in between the garage and now. But I'm fairly certain that we were oversubscribed. Oversubscribed means that more people wanted our debt than we had dollars to borrow basically. Commissioner Gort: We had lower interest too. Chair Suarez: Yeah, which drops the interest rate, drops the risk. So I just want to -- and I'm sorry, but I just want to -- I want all this information corroborated by the Administration 'cause this has been a free flowing kind of situation since -- for the last few days, and l just want to know what the Administration's position is on that testimony so that we can make an educated decision. Mr. Martinez: That's correct. The last time we went to market, Diana Gomez came back with a positive report that we had more capacity than -- Chair Suarez: And it's your testi -- Commissioner Carollo: I'm sorry. But at the same time, we had to buy additional insurance. Mr. Martinez: We had to buy insurance, yes. Commissioner Carollo: Okay. Mr. Martinez: Commissioner Carollo is correct. Commissioner Carollo: We had to buy insurance, and that made a difference. Mr. Martinez: That -- right. Chair Suarez: Yeah, that increases the cost. But is it your testimony that one of the loans will not affect the other loan as --? Mr. Martinez: That's what I understand from the professionals. Chair Suarez: And is that yours as well, Janice? Ms. Larned: Janice Lamed Chair Suarez: Is it your testimony that one loan will not affect the other loan? Ms. Larned: Yes. City of Miami Page 107 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chair Suarez: Okay. Commissioner Carollo: Mr. Chairman? Chair Suarez: Yes, Commissioner, you're recognized. Commissioner Carollo: Thank you. There's a lot of things that I want to mention. The first one is usually I'm quiet about these things andl guess that's why I think, for the most part, it goes unnoticed, but I want to respectfully clam that since November 2009, not all deferrals by a Commissioner has been granted. I know for a fact because I have respectfully asked for deferrals in the past and they have not been granted. I'll give you a couple of examples. Commissioner Spence -Jones, you were not here, but at 8: 30 in the morning, I was dropped off a package this thick for a vote that was going to happen in that same Commission meeting, and the Commission meeting was going to start at 9 a.m. that same morning. It was the issue dealing with Flagstone. By the way, that's how we came up with the five-day rule, and that's how I came up with that ordinance andl got the support of my colleagues. Another time the Commission was asked -- I don't want to say being forced, but to make a settlement with a billboard company, andl asked for a deferral so that I could study the numbers, look at the financing, andl was not granted that deferral. I actually had to invoke -- the only time it's been invoked -- the five-day rule. What we did at that time is that a week later we had a special Commission meeting, we heard it, and after we were able to really study the numbers, we saw it really was a bad deal and it didn't occur. I'm not even going to mention the heartache we recently had when I asked for a deferral with the code enforcement issue just recently. So I do want to correct it for the record that not always has a deferral been granted. However, you know, even though those minor bumps in the road happened to me in the past and, for the most part, nobody even has noticed 'cause I've been so quiet about it, but it is a fact, you know. The bottom line is we moved forward and did what we have to do. Listen, my issue isn't with the projects in Overtown. As a matter offact, you know, and realistically, it's more of me as a professional. As a certified public accountant, these issues have come up, you know, andl need to do my due diligence. As a matter offact, before you came back -- andl pulled the backup so you could see exactly what I'm talking about, okay, andl will give it to you. Back in February 2011, I mentioned, listen, we have $33.4 million in the CRA, the Overtown CRA. When are we going to use that money? Where are the projects? And every meeting thatl attended after that -- andl will show you the backup that you know that do 'cause I don't B.S. -- every single meeting afterwards, as soon as Mr. Miguel Valentin mentioned the financials, I stated, listen, I'm not going to bore everybody, but I'm just going to say the same thing that said in the last financials. Okay. There's no secret. You know, I'm very cognizant of all financial issues. I mean, what was raisedl need to look at. I need to do my due diligence. As a certified public accountant, you know, before I take a vote, I need to do my due diligence. You know, I stayed here until 8 p.m. at night with Miguel last night. Believe me, we spoke about it. He knows why I have issues with this. I mean, we spoke about it, you know. And all I'm asking is to allow me to do my due diligence because if not, you're -- I am being placed in a position where I may have to vote in a way that I may not vote otherwise because I just don't have the material to study. I don't have -- I can't do my due diligence. I mean, I mentioned what happened with the attorney last night. I really couldn't believe it. I mean, as a matter offact, I spoke to a few staff members and they couldn't believe that, I guess, that attorney didn't feel that urgency. Listen, I don't mind doing a special Commission meeting next week, you know. I will commit to come, you know, I will say Thursday, whenever it is; first thing in the morning, we'll have a special Commission meeting, but allow me some time. At the same time, should that happen, then we lose no time whatsoever with the County because the County is not going to meet by Thursday of next week. The CRA is not going to meet by Thursday of next week. So that will be some type of -- I don't want to say compromise, but that will allow me to at least be educated where I can make my decision. And later on if I'm asked, Commissioner, why did you vote that way, I could say I voted this way because of this, this, this, and that. Now you could judge me City of Miami Page 108 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 however you want, but at least I can justify my vote. Right now, realistically, right now -- Chair Suarez: Guys, guys. Commissioner Carollo: Listen -- Chair Suarez: Guys, guys, please. We've been good so far. I know it's late andl know we've been discussing this for a while, but please respect the Commissioner. Commissioner Carollo: And let me tell you something. I understand that that's probably not the popular thing right here, right now. I understand that. I'll be honest with you. It's not the first time that have spoken, even though I knew it wasn't the popular thing. I'll go -- I'll tell you when. When I first got elected and they asked me about your seat: Do we appoint someone or should it go to a special election? Andl knew it was not the popular thing, butt said, you know what, those residents of District 5 voted and you know what, I do not want to appoint. I think it should go yet to another election. Andl knew that wasn't the popular thing. I abided by what my colleagues wanted, and we ended up appointing someone, but that's not what I wanted to do andl knew at that time it wasn't popular. So I understand, this is not popular right now, but at the same time, I have to do my due diligence andl have to stand by what truly believe. And in a week, you know, my vote will be much different than what may have to vote now because I'm being put in this situation. So -- and again, listen, there is thirty -something million dollars right there. Those thirty -something million dollars can be -- start being used within this week, so nothing has to stop. As far as the timeline with the County, that will remain the same if we have a special Commission meeting on Thursday. So realistically, we're not holding anything up. All you're allowing is for this Commission -- this Commissioner that is respectfully requesting give me that time to really -- listen, I'm sorry. And you all know me pretty well. Just because Mr. Masvidal tells me something, Mr. Bloom tells me something, our own CFO tells me something, I don't take their word for it. I actually -- realistically, I actually look into it. I research what they're telling me because I think we've all been witness here that a lot of times we're being told things and it's not really accurate. Even from last night to today, one of the things that I'm being told and one of the things that's being said and then it's being said differently and this back and forth that, realistically, I need to do my homework. So I'm willing to do a special Commission meeting if my colleagues would, you know, entertain that. That way it will buy me a little bit more time so I could do my due diligence. But at the same time, it will not hold up any timeline and we can move forward with this. Commissioner Spence -Jones: Okay, Mr. Chairman. Chair Suarez: Yes, you're recognized. Commissioner Spence -Jones: Andl don't want to belabor the moment. I mean, I think that we - - you know, we just need to make a decision. But I do want to respond to a couple of things that was stated thatl think that's important. I'm glad you stated on the record, me hearing now - - because I was really, really weighing on doing what is right from the standpoint if the City Commission -- if we have an overall agreement if one of the City Commissioners has asked for a deferral on an item, that we would at least adhere to that. And your statement today contradicts that for me, which makes it a lot easier for me to say that we need to continue because the problem I have with that statement is that we determine what we will apply it to versus to what we won't. So, in other words, your statement about there were issues that you asked for deferrals on and that this body up here, not me included because I wasn't here, decided to still move ahead because for whatever reason -- maybe it was a sense of urgency or something that the other -- my fellow colleagues felt was important, they moved on. So that says to me that this gentleman's or gentlewoman's, or whatever you want to call it, agreement City of Miami Page 109 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 that we have amongst each other is really applied when we feel it's important to us. That's a problem. Now let me finish 'cause I let you talk, okay. So we can't -- the mere fact that that was mentioned, it kind of throws out the argument of we're waiting for another colleague because, quite frankly, you've done it before, okay. So that's the one thing. I am -- I really was not going to bring this issue up about the $30 million in the Overtown CRA, butt think need to because I don't want the wrong information to be out there about us not -- us having the money and not spending it. Because if you sat down and talked to our financial adviser, which I'm sure you did. You said you were with him for how many hours? Commissioner Carollo: I was with -- No, not with our financial adviser. Commissioner Spence -Jones: With our Finance director. Commissioner Carollo: Right, but not with our financial advisor. Commissioner Spence -Jones: Okay, our Finance director. I'm sure he also told you that the projects, at least half of that was already committed to affordable housing projects or to projects already in the Overtown CRA, whether or not that be the Hospitality Institute where we have people come and be trained, whether or not that's, you know, the business programs where we provide services to businesses in the area, whether or not that be funds to rehab all the businesses. And you -- if you've been in Overtown, you'll see that work is happening. Whether or not that be First Fridays or our Fridays event we have in Overtown. Every single dollar from that standpoint is committed to projects. We're putting the money on the streets for Overtown and we're going to do that. That's not the issue right here. So -- but because you brought it up, I want to make sure I further clam it because one of the issues I did have with the Administration -- and not taking anything away from the district Commissioner Sarnoff and what he wanted to see happen -- my question was, well then, Madam CFO, if you sent this letter out -- not -- the Finance director -- I'm not going to say she sent it out. But combined, they sent it out to all the fellow Commissioners and we looked at this document and it basically left the impression that we would have a problem. By the way, we just cleared up the problem. We just put it on the record, so we don't have that problem anymore. But after that took place and they looked over the overall documents and saw that we're not having an issue, I'm just trying to understand how we're still having this conversation, especially when we know that in the Omni CRA there is, like you said -- like you wanted to point out in Overtown CRA there's 30 million, there's about $20 million there as well. Commissioner Carollo: Absolutely, yeah. Commissioner Spence -Jones: Okay. So then my question becomes, why stop the progress for the Overtown community that has the ability to go out and bond what they need to bond to get projects moving? And then on the Omni side say there's $20 million that are allocated to projects, but by the way, if you want to -- us, as City Commissioners that sit on that board, can de -obligate or take those same 24 million that could go towards paying down the debt of the 45 million to pay for the tunnel since it is in the Omni CRA. So the problem I have in this discussion -- Applause. Commissioner Spence -Jones: No, no, don't clap. No, no. Chair Suarez: Guys, guys. Commissioner Spence -Jones: Don't clap. The problem I have with this discussion is the double standards when we want to apply them. Now guess what, at the end of the day, I am prepared to City ofMiami Page 110 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 be the lone vote because I know that my vote means something. You heard from every resident that came out here and told you what they want to see happen in their neighborhood. They did it in a very respectful way, in a very dignified way, and all they're asking is not stop the progress of getting something done. If it was in your district, if it was in the heart of Little Havana, I would be supporting you 100 percent. Now, guess what? Let me finish. I would not be supporting you if the Administration had gotten up here and said something different. If they would have said that that's not the case, if they would not have put it on the record, I would have had to flow with the Administration. But you heard today that that's not the case. I don't want to -- I'm going to throw -- I'm going to give you love no matter what you do because that's the right thing for me to do. But I'm going to tell you that this particular community -- I can't speak for any others -- has waited long enough. Don't apply standards in Overtown that can't be applied across the board. Commissioner Carollo: Mr. Chairman? Chair Suarez: Yes. You're recognized, Commissioner. Commissioner Carollo: Thank you. First of all, I'd like to say those standards that were not applied evenly were not applied to this Commissioner. Every other -- Commissioner Spence -Jones: But you voted -- but Frank, you voted -- you said right here on the record -- Chair Suarez: Guys. Commissioner Spence -Jones: -- you said even though they deferred your item -- even though you didn't want -- you were uncomfortable with voting for a Commissioner or appointing a Commissioner, you went along with it. And I'm saying to you -- Commissioner Carollo: What was my option? Commissioner Spence -Jones: But that's not the point. That's not the point. The point is you can't have it two ways. You can't say on one occasion, look, I'm taking a vote. I didn't -- I wasn't comfortable with taking this vote, but I took it 'cause I went along with my colleagues and they wanted to appoint someone. No. If you do something, you do it because in your heart or your spirit you're convicted to do it. Commissioner Carollo: Right. But here's the thing. Commissioner Spence -Jones: So if you're not convicted to do it -- Commissioner Gort: Whoa, whoa, whoa. Commissioner Spence -Jones: -- don't make excuses. Commissioner Carollo: No, here's the thing. Commissioner Gort: Let him finish. Commissioner Carollo: How can I call a special election in your district? I couldn't. Commissioner Spence -Jones: But that's not the point. You could have voted no for it. You could have not had an opinion on it. City ofMiami Page 111 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioner Carollo: There wasn't a vote for it. There wasn't a vote for it. Commissioner Spence -Jones: So what did you do, Frank? Commissioner Carollo: And that's the issue. There wasn't a vote for it. Commissioner Spence -Jones: So what did you do? Commissioner Carollo: The Commission decided to do an appointment. Commissioner Spence -Jones: But did you vote? Commissioner Carollo: I had to, unless I walk out. Chair Suarez: Guys, guys, guys, guys, guys, guys -- Commissioner Spence -Jones: I'm done. I'm done. Chair Suarez: -- guys, guys, guys, guys, please. Commissioner Spence -Jones: Let -- Chair Suarez: We're getting a little bit off the topic. Commissioner Spence -Jones: Okay. Chair Suarez: Let's bring it back. Commissioner Carollo: Commissioner, all I'm saying is this. Commissioner Spence -Jones: No, no. Let me just say this 'cause no matter what I do, like I said, I want to operate in love no matter what andl want to be respectful, and that is not my intention to be disrespectful to you as my colleague. I'm just trying to -- ifI can't appeal to your mind, I'm trying to appeal to your heart. IfI can't appeal to your heart, I'm trying to appeal to your spirit, whatever it takes to get you to understand that it's necessary. There is no option. Just like you had no other choice, no other option then, I'm saying to you, this is -- Commissioner Carollo: Commissioner -- Commissioner Spence -Jones: -- just as important as that. Commissioner Carollo: -- Spence -Jones, on three separate occasions, on three separate occasions, you asked for a deferral on an issue with regarding to the cracks in Marlins parking garages, on three separate issues [sic]. That's a month and a half, you know. Even members of the Administration came here and said, listen, I mean, you know, we don't want this to be the sky is falling, but it's getting imminent. We need to pass this. Yet, you needed the time. In District 3, something that I originally didn't even vote for, but I inherited, on three separate times, you needed that time. I never questioned you. I never -- you know, and that's something that, yes, as someone who inherit that stadium and that district that you have clearly see it affects a lot of the residents. You've heard all the issues with the parking. I mean, it was well documented, and you asked for three deferrals. That's a month and a half. I never argued against it. I said, if she needs the time, give her the time. Even the Administration, to a certain degree, came to me and said, Commissioner, this is starting to be, you know, imminent. I said, listen, if she needs the time, give her the time. So I am trying to be as fair as possible. At the City of Miami Page 112 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 same time, I am asking for something that will not, will not slow this project down. If we have a special Commission meeting on Thursday, that would allow me enough time with -- and listen, I've done it with my own items in District 3. As a matter offact, the Administration right now wants to put an item regarding the parking garages. And I've told them, I need all the facts. I need all the numbers before it goes to the Commission, you know. So it's not like I don't try to be fair. I scrutinize my own issues. As a matter offact, Mr. Manager, something that I've been asking for months -- and I'll put it for the record now that I need that information -- as far as how much TI money we have for the parking garages and the retail. That's something that I keep asking for andl keep hearing, oh, yes, we have that. Oh, yes, we could give you that. But I still haven't received. Just for the record so you know I need that. And you know, your chief of staff gave us -- and I'll wait for Commissioner Spence -Jones. Your chief of staff gave us this to read. Believe me, I want to read this. I want to read all of it. I could tell you, I haven't had a chance to read it. Andl know, yeah, we could take a ten-minute recess and run through it. I don't -- I just -- all I'm asking is for time to be able to digest all this, do my due diligence. This will not, this will not stop the process. This will not kill any time in the County, andl think it's reasonable. And let me finish by saying just because those two times I believed it wasn't fair to me, that doesn't mean that don't believe in teamwork andl don't believe that when a fellow Commissioner requests a deferral that it should be granted. And maybe that's something that we should definitely do from now on, at all instances and all cases. And you know what, if you like, I will bring it back as a resolution or an ordinance, you know, and that's how strongly I feel about it. So even though, I -- yes, I will admit -- yes, I -- and believe me, Commissioner Spence -Jones, I know bringing that up wasn't going to help my argument, but I brought it up because -- to be fair. What that e-mail (electronic) said realistically wasn't all correct andl just wanted to clam. And yes, I, this Commissioner, was the one who, unfortunately, twice didn't get the deferral. But that does not mean that I don't think it's a right thing for whenever one of us asks for a deferral that we get it. Commissioner Spence -Jones: Okay, let me just say this in closing, andl guess we need to go ahead and go to vote. But I do want to say this again, because if something's put on the record, I want to be very clear about why you made a statement thatl deferred three items regarding the stadium and you were supportive of it. I want to make sure we have all the information as to why I asked for it. I asked for information around the number of people that actually got jobs from the stadium being built andl could not get a straight answer from the Administration. Every single time I tried to get the numbers, that's why we kept bringing the item back. So the delays for the deferrals that I was asking for was based upon me not receiving the information. That is not the case in this matter. In this particular matter, as I stated prior to you speaking again, was that's the reason why every single person that's gotten up to the mike, whether or not it be the FA, whether or not it be the director, whether or not it be the Manager, whether or not it be the CFO, have all said that this is not an issue. Now if they would have got up here three times, each time the item came up andl asked a question about the stadium and they said, these are the numbers and they were good numbers and we could look at them and decipher if it was true or not, we would have -- I would have voted on it. So -- but it's okay. It's really okay. Commissioner Carollo: Mr. Chairman? Chair Suarez: Yes. Commissioner Carollo: Can Director Perry -- Petty come before us? Chair Suarez: I'm sorry, who? Commissioner Carollo: Director Petty. Chair Suarez: Yes, please. Mr. Finance Director. City of Miami Page 113 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Stephen Petty: Steve Petty, director of Finance. Commissioner Carollo: Thank you, Mr. Petty. Mr. Petty, do you stand by what you wrote here in number 2 of -- andl -- (UNINTELLIGIBLE). Do you still stand by what you wrote here? Mr. Petty: The conflict or the potential dilution of our creditworthiness? Based on what the people have said today, I'm very pleased to hear that there's enough credit out there to support both loans. I'm also aware that there's no guarantees. Commissioner Carollo: Have we received any backup -- I know what someone said, but have we received any backup showing that this is -- I don't want to say erroneous, but that there is guarantees or there is --? Have we received anything -- Mr. Petty: At this -- Commissioner Carollo: -- I mean, do we have anything tangible? Mr. Petty: -- point, we haven't had a chance to put a request for proposals together to get any direct response from any lending institutions at this time. Commissioner Carollo: Do we know which financial institutions they contacted? Mr. Petty: No. Ms. Larned: IfI may. Again, Mr. Petty's been with the City for about a month, andl want to put that in perspective and in context. Mr. Petty: Five weeks. Chair Suarez: Five weeks. Ms. Larned: To answer the question directly, no, we have not received any backup for the statements today. We will be happy to defer to the financial advisor for the CRA for him to provide to you that information of who he's contacted and we'll be happy to work with them. Commissioner Carollo: However, I mean, we could do that in the next few days, but we can't do that right now, correct? Ms. Larned: We do not have that in -- Commissioner Carollo: And that's what I'm saying, Commissioner Spence -Jones. Commissioner Spence -Jones: No. Commissioner Carollo: I mean -- andl don't want to put them on the spot. Commissioner Spence -Jones: Frank. Commissioner Carollo: But I know. Mr. Bloom: Commissioner, on the same token, there's no backup for the memo that you received. City of Miami Page 114 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioner Spence -Jones: That's my point. See, I'm really -- it's really not right because they wrote a memo that we got less than 40 hour -- let me talk -- 48 hours that didn't have no backup for what they were saying, but it's the bible to you now. Commissioner Carollo: No, it's not. I want to do my due diligence on it is what I'm saying. Commissioner Spence -Jones: But my point is you're making that -- you're making this decision based upon a memo that they didn't have no backup to, right? So now you want to ask the financial advisor to get up here and give you backup on -- I'm trying to understand what you're asking for. Commissioner Carollo: Okay. The issue was raised. Commissioner Spence -Jones: The man put it on the record. Commissioner Carollo: The -- okay. Commissioner Spence -Jones: Mr. Financial Advisor, can you step back up to the mike? Can you let us know what financial institutions, so we can have it on the record, that you reached out to? Maybe that would -- because I want this to happen from a -- Go ahead. Commissioner Gort: Can I ask it a different way? Mr. Masvidal: Please. Chair Suarez: Please. Commissioner Gort: My understanding is, when I was in the business and we were going to bank -- we were going to do a transaction, before we did anything and do our due diligence, we would check with our selling group or our selling desk. Andl imagine that where you got your information from. Mr. Masvidal: Yes. Commissioner, I think -- well, first of all, I'm happy to go -- what we've done to this point, again, we were -- the issue was brought to our attention yesterday. What I did this morning was make several phone calls to lending institutions that lend throughout Florida and throughout the country, for that matter. And it was a very brief conversation, but straight to the point. Do you have any capacity limits? Do you see any reason why -- lending limits in a certain region? Do you see any reason why two loans couldn't get done on the same course? Chair Suarez: Could you give us an example of some of the institutions that --? Mr. Masvidal: Sure. CitiGroup is the one I talked to. Chair Suarez: Okay. Commissioner Carollo: Did you explain that the City have not issued their financial statements? Mr. Masvidal: They're aware. All these banks are aware of the condition the City's in right now. Commissioner Carollo: Did you confirm that? Did they actually tell you or did you actually confirm that? City of Miami Page 115 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Mr. Masvidal: Well, no. I did not ask that specific question, but can say with some certainty that they're aware. Commissioner Carollo: Again, all I'm asking, all I'm asking is to do my due diligence on what Commissioner Spence -Jones: Okay. Commissioner Carollo: -- they did, on what everyone's done. That's all I'm asking. Commissioner Spence -Jones: Okay. This is my compromise. Commissioner Carollo: I'm being reasonable. Commissioner Spence -Jones: This is my compromise. The item still has to come back to the CRA for us to vote on the loan document. Okay, it still has to come back. So, one, I truly invite and hope that you do come to that CRA meeting because I need you there, and I've said that to you how many months now since I've been back? Seven months. Let me just finish. I can't talk about what was happening before I got there. I can only talk about what's happening while I'm there. But how many times have I said to you, Frank, I need you to be there. I need your support. How many times have I said it? Commissioner Carollo: I don't know. Commissioner Spence -Jones: Okay, countless. Just said it to you just recently. So I'm simply saying to you the item itself we still got to vote on before it goes out as a loan document. I'm just simply saying, why can't this travel on to the County to go through the system to do what needs to be done. Commissioner Carollo: But it can. It can. We could do -- we could have both. Commissioner Spence -Jones: Okay. Commissioner Carollo: Okay. It can. If we vote on this next Thursday, you know -- Commissioner Spence -Jones: Okay. Commissioner Carollo: -- it won't take long. Commissioner Spence -Jones: All right. Commissioner Carollo: If we vote on this next Thursday, it will travel the same course. The County Commission is not going to meet next week -- Commissioner Spence -Jones: Did you hear anything that these people said for the last three hours? Commissioner Carollo: Yes. And what -- Commissioner Spence -Jones: Okay. Commissioner Carollo: -- I am saying is that everything they said, okay, is not going to alter -- by us voting it on Thursday, is not going to be altered. City of Miami Page 116 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioner Spence -Jones: Okay, but Frank, what -- I guess -- Commissioner Carollo: It will not be altered. Commissioner Spence -Jones: -- and Mr. Chairman, you could take it over after this point. But Frank, let me just say this to you. Some things are not always physical, meaning some things you do or some things restore hope in people, okay, that are necessary to do. To me this is a hope killer because it says to people that it doesn't matter when you try to do the right thing, it doesn't matter when you fight for what you know is right. If someone doesn't want it to happen, they're going to stop it. And this is my point. Some things you just do because it's the right thing to do. I'm saying to you, I don't have a problem with the CRA loan document coming back in front of the board, and you can do whatever it takes to make sure that that happens. You know, I don't have a problem with that. But allow for this thing to pass today so Clarence and the team could be at the County tomorrow getting the stuff done. Chair Suarez: Okay. Let me chime in on a couple of things. First of all, I was -- I came here open-minded, but at the same time with a predisposition when I got here not to vote in favor of this. I'm going to be honest with you. The testimony that has been giving today by PFM, by the CFO, who's the person most trusted to give us financial advice, to me indicates that while there are no guarantees -- and there are no guarantees in any lending transaction, I can guarantee you that -- the due diligence that has been done to date indicates that one will not impact the other, number one. Number two, this is just one small part of the process, okay. Commissioner Spence -Jones: Symbolic. Chair Suarez: And number three -- a long process, by the way, a long and arduous process. And number three, I'm very sympathetic to the Commissioner because I know that there have been many times where we have not respected his desire to defer certain items, and I've been one of the ones that voted not to defer them. Andl respect, you know, Commissioner Sarnoffs request to defer it. But there have been times where we felt that the urgency outweighed the caution, I guess is the way to put it. So to get this thing moving forward, I will pass the gavel and move this item. Commissioner Spence -Jones: Second. Applause. Commissioner Gort: Okay, whoa, whoa, whoa, whoa, whoa. Whoa, whoa, whoa. They haven't voted yet. There's a motion -- Chair Suarez: Let's do a roll call. Commissioner Gort: -- for approval. Is there a second? Commissioner Spence -Jones: Second. Commissioner Gort: You sure? Okay. Chair Suarez: Let's do a roll call. Commissioner Gort: Second. Discussion. Commissioner Carollo: Yes. Mr. Chairman. City of Miami Page 117 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chair Suarez: Yes. Well, no. I can't have the gavel. I made the motion. Commissioner Gort: That's right. Commissioner Carollo: Commissioner Spence -Jones -- Commissioner Spence -Jones: Yes, Frank. Commissioner Carollo: -- remember how I saidl could at least mention twice when I requested a deferral? This is going to be a third time; yet again, when every other Commissioner -- Commissioner Spence -Jones: That's fine. Commissioner Carollo: -- that has requested a deferral has gotten it. Chair Suarez: And let me just say one thing, please, ifI can, Mr. Chairman. You know, last Commission meetingl brought something that was very near and dear to my heart andl didn't get support from the Commission for it. And it is what it is. You know, it doesn't necessarily mean that you need to hold a grudge or hold it against someone. You have to do the right thing in all instances, and that's why I made this motion. Thank you. Commissioner Gort: Thank you. Okay, my turn right now. Chair Suarez: As amended, as amended. Commissioner Gort: As amended. My understanding is, in all respect to Commissioner Sarnoff, I am sure that the reason he asked for the deferral because he believe that this was going to affect the City ofMiami as a whole, not the CRA. The CRA -- let me tell you something about the CRA. The CRA is not only going to have the funds to be able to do this, but can tell you that the funds are going to increase in both places. I can guarantee you that. Commissioner Carollo: Remember, the risk is on -- Commissioner Gort: But let me tell you -- Commissioner Carollo: -- the City though. Commissioner Gort: I understand the City is the one that is going to do the issuing. This is something that want to propose right now. I'm not the chairman of the Omni CRA, but think the Omni CRA needs to move in its motions to get to the County also because, unfortunately, the process now is we have to go to the County. They have to put an RFP together. The RFP's got to come back to us. We have to look at it. We have to approve it, and we can change it and we can do whatever we want. At the same time, after the RFP goes out, we get to make the selections of the different market. The Finance director has got to do his homework, both Finance director from both places, and we got to combine with the County. We got to talk to our City, and I'm sure our Finance staff which -- let me tell you. This gentleman, when he came in, I told him, were you told what you were coming into? I really want to thank you because this is a hot potato. But we have plenty of time to look at all the documents and do all the due diligence that we can. Yes, sir. Chair Suarez: Mr. Chairman, thank you. And l just want to conclude by saying the most compelling testimony that I heard today -- probably the smartest thing that anybody said today was when Mr. Masvidal said the banks are watching this. They already know that we have two City ofMiami Page 118 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 things going on at the same time. Andl can assure you, being in the real estate profession and working with banks on a daily basis, they're extremely sophisticated. They know exactly what's going on. They do their due diligence. They are watching and they are recording, and this all gets transcribed. And they do their due diligence before they enter into these transactions. So just by virtue of the fact that we've talked about this today, if there was going to be a negative impact, it's going to happen. I mean, whatever -- just by virtue of the fact it's on the banks' radar screens. Commissioner Gort: Okay. There's a motion and a second. Mr. Hannon: Chair? Commissioner Gort: Any further discussion? Mr. Hannon: Chair, did you want a roll call? Ms. Bru: Can I just make sure that for purposes of the record, I know that each of you has received a revised resolution, so the resolution that's being voted on is not the one that is part of the agenda and the Clerk has the copy. And just by way of summary, the revisions, what they speak to is a certain commitment on the part of the CRA to repay the City for some prior -- Commissioner Gort: Correct. Ms. Bru: -- proceeds out of the proceeds of this new money that will be obtained and also the obligation to repay, so that's kind of summarizing what we're talking about. And by this resolution now, the City ofMiami Commission is delegating to the CRA the authority to go out and issue the bonds or incur -- Commissioner Gort: No. Ms. Bru: -- the debt by way of a loan. That's what it says in here. Commissioner Gort: To issue an RFP. Ms. Bru: No. Commissioner Carollo: No. Commissioner Gort: To (UNINTELLIGIBLE) the loan. Ms. Bru: This is delegating -- Commissioner Carollo: Yes. Ms. Bru: Read it. We have to read it. This delegates to the CRA the authority to issue the debt, so that is what is being proposed. Chair Suarez: But let me make -- Commissioner Carollo: Exactly. Chair Suarez: -- one clarification. Commissioner Spence -Jones: But I just put on the record that -- I amended it by saying -- I just City ofMiami Page 119 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 said that I don't have a problem and we can put that it has to come back to the CRA Board to vote on -- Ms. Bru: Right. The CRA Board, yes, but not the City Commission. Chair Suarez: I will accept that amendment -- Commissioner Spence -Jones: No, not the City Commission, no. Chair Suarez: -- to the agreement on my motion. And I'm looking at here some of the research that we did and it says that it has to -- based on the 1983 interlocal agreement, that it has to come to the County Commission and potentially the City Commission as well again. Ms. Bru: But that's precisely what -- this resolution here speaks to not coming back to the City. So if you don't want that, we need to make sure that we're all on the same page. Chair Suarez: It says here the 1993 local agreement states that all instruments of debt shall be submitted to the County Commission prior to the approval by the City Commission. Ms. Bru: Exactly, Commissioner. Chair Suarez: So what we were doing here was resolving for purposes of taking it to the County Commission, as the County Commissioners had stated, and expediting it that the City was on board with this. So that when they make a decision, they know -- Ms. Bru: Right. Okay, but that's not how this was written so -- Chair Suarez: Okay, so it'll -- so we -- Ms. Bru: But we will fix it. Chair Suarez: Okay. Ms. Bru: We will make it so -- Commissioner Gort: Just amend it. Ms. Bru: -- that you still -- Chair Suarez: Okay, that's fine. Ms. Bru: -- the City Commission still wants -- Chair Suarez: Understood. Ms. Bru: -- to see the loan documents -- Chair Suarez: Yes. Ms. Bru: -- is what you're -- Commissioner Gort: Right. Chair Suarez: Absolutely. City of Miami Page 120 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Ms. Bru: -- telling me. Chair Suarez: Thank you. Ms. Bru: So we will revise this. Chair Suarez: Thank you. Commissioner Carollo: Andl need clarification. Commissioner Gort: Wait a minute. Does the seconder accept that? Chair Suarez: Yeah. Do you accept that? Commissioner Spence -Jones: Yes, I do. Chair Suarez: Yes. Commissioner Gort: Yes. Go ahead. Commissioner Carollo: Okay, so things are different now. So it is going to come back to the City Commission? Commissioner Gort: Yes. Commissioner Carollo: Right? Because before, the way we were going to vote on it, it was not going to come back to the City Commission. So I need that -- Commissioner Spence -Jones: Bill, can you please clear it up, please? Mr. Bloom: The way it was before is, through the CRA, they were going to do an RFP and it would go back to the CRA for approval. Today's approval was going to be the final approval from the City, and the only thing that would be required would be to get the County approval and then the CRA vote to approve the final bond documents. Commissioner Carollo: But what -- Commissioner Spence -Jones: That means you'll have to -- Mr. Bloom: So -- Commissioner Spence -Jones: -- come to a CRA board meeting. Commissioner Carollo: Right. Mr. Bloom: -- it would go back to the CRA Board, but it would not have to come back to the City Commission meeting after today. Commissioner Carollo: I understand. However, what was just said by the City Attorney -- and I think it -- andl want to verf, I want clarity -- was it amended that it will come back to this City Commission. Commissioner Gort: The maker of the Commission [sic] made the amendment that it had to City of Miami Page 121 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 come back to the City Commission. And the seconder agreed to it. Commissioner Carollo: Okay, so -- listen, this is important to me. We're talking a bond that's going to be for X'humber of years. Mr. Bloom: This is your decision on how you want to handle it. Obviously -- Commissioner Carollo: Right. And -- Commissioner Gort: Yeah. Commissioner Carollo: -- that's why I want clarity on exactly what's happening because the way we were going to vote on this, the City Commission will not get another bite at the apple as far as looking and reviewing these financial documents, looking to see if we actually proceed or not. So it actually will come back now to the City Commission again for bond documents. Commissioner Spence -Jones: I just want to understand. All five of us sit on the City -- on the CRA Board. It's not like you have somebody else sitting on the board, so we all vote anyway. Chair Suarez: Well, here's my thing. I don't think that -- and maybe I'm wrong and the City Attorney may disagree with me. I don't think that -- regardless of what the resolution says, we're bound by the interlocal agreements. The interlocal agreement specifically states that it has to go to the County Commission prior to approval by the City Commission. So it has to come back to the City Commission. That's what the interlocal states. Mr. Bloom: That's what the original interlocals had. Chair Suarez: Correct. And the amended one says -- Mr. Bloom: But then the City delegated those powers when it created the CRA -- Chair Suarez: In the 1990 amendment? Mr. Bloom: There are different City resolutions -- Chair Suarez: Okay. Mr. Bloom: -- creating it. So the only thing that was really remaining was the delegation to sell the bonds and that's what -- Chair Suarez: Got it. Mr. Bloom: -- we added to this so it wouldn't have to go back. Chair Suarez: Got it. Mr. Bloom: And so the most efficient way to do it would be to only go to the County -- Chair Suarez: And she accepted it. Mr. Bloom: -- and then go back to the CRA Board for approval and the same five people would do it. Commissioner Gort: The resolution has been amended by the maker of the motion and has City of Miami Page 122 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 been agreed by the seconder of the motion. Commissioner Carollo: That it will come back to the City Commission. Commissioner Gort: It will come back to the City Commission. Commissioner Carollo: Now -- andl need clarity on one more thing. Any issues -- Commissioner Spence -Jones: Well, I want to make sure I have clarity on the fact that you're going to come to a CRA board meeting. That's what I want to have. The people of Overtown want to know that. Unidentified Speaker: We want to know. Commissioner Gort: Hold it, hold it, hold it. Commissioner Spence -Jones: Hey, hey, hey. Chair Suarez: Hey, hey, hey. Commissioner Spence -Jones: Quiet, quiet. Chair Suarez: Come on, guys. Commissioner Carollo: Again -- Chair Suarez: You guys have been doing good. Come on. Commissioner Carollo: -- any issue with regards to the finances -- any issues that our CFO or our Finance director has brought up can then be addressed when it comes back to the City Commission, correct? Commissioner Spence -Jones: It could be addressed at the CRA board meeting, as well. Commissioner Carollo: I understand that. Mr. Bloom: But at this point, all the issues that the CFO from the City brought up were addressed between yesterday and today. All those points in that memo have been negotiated. Commissioner Gort: Let me answer. Yes. Now what I'm requesting of the Administration and I'm asking -- and I'm sorry Commissioner Sarnoff is not here, but for Commissioner Sarnoff and staff to start working on their document also because my understanding, the County has to approve that. My understanding, the County's ready to do some refinancing in order to save some money in some of the outstanding bonds. So I think we need all of you to work very closely with the finance directors, with the Administration, with the Law Department as a team. We believe that we are a team. Let's make sure we team players. We all have to play as a team, okay? Any further discussion? Yes, sir. Commissioner Carollo: Yes, yes. I have -- I'm sorry. This is important. This is important. I mean, this vote is important to me. I think all these people still here, it's important to them also. And realistically, the bottom line is, I -- listen, I'm not trying to hold -- and all my colleagues will attest -- all my colleagues that have been here the length of the time that I've been here. I don't try to railroad or put obstacles in anyone's projects, so that's not my intention. City of Miami Page 123 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioner Spence -Jones: Okay, go ahead and put -- Commissioner Carollo: My intention is just -- please let me finish. Commissioner Spence -Jones: Go ahead and put it on the record. Commissioner Carollo: My intentions is to really do -- be able to do due diligence with regards to the finances, okay. My intentions is to make sure thatl am comfortable with all the issues that have been brought up. My intention is not to railroad any projects. I understand the urgency, even though, like I said, last night was here 'til 8 p.m. and others weren't. And need to know that if there's any of these issues -- Chair Suarez: I was on a plane until 9:15. Commissioner Carollo: I cancelled that. And by the way, I was the one who sponsored that item with the CDBG (Community Development Block Grant) and I've been going -- this is the first time that missed going to Washington D.C. for the CDBG -- Chair Suarez: No, I -- Commissioner Carollo: -- and a lot of it had to do with this. A lot of it had to do with this project in Overtown that I thought was very important. Now my last question, any issues that has been addressed or has been brought up with regards to the financing of these bonds, can they be addressed when it comes back to this Commission? And need that from the City Attorney and our CFO. Ms. Bru: Commissioner, from the City Attorney's perspective, it would be completely appropriate just to delegate to the CRA the authority to issue the debt because the City is disassociating itself -- Commissioner Spence -Jones: I know, and that's the whole purpose. Ms. Bru: --from the CRA in this matter. They're going to have their own counsel undertaking all that. The CRA Board will have an opportunity to review all the financial issues regarding the issuance of the debt. At that point, the issues that were raised could be revisited by the CRA Board. And the County will also be reviewing the loan document, so there will be -- the governing body, the County, will be reviewing the documents. The CRA will be reviewing the documents. It was just my personal opinion that it would have been cleaner for the City to remove itself -- Commissioner Spence -Jones: Yes. Ms. Bru: -- from the approval of the loan documents. Chair Suarez: But just to be clear, that we would be doing by resolution and not by the interlocal 'cause the interlocal doesn't have -- Ms. Bru: Well -- Chair Suarez: -- the interlocal would require it to come back to the City Commission. Ms. Bru: Well, no because by virtue of this resolution, it was our concurring opinion that this would be instructions to the County that the terms of that 1984 agreement were now being City of Miami Page 124 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 revised and that the procedure -- and we could make it clear on this. This is the first step. The City is agreeing that for purposes of the issuance of this debt, we don't have to go through that procedure that was expressed in 1984; that we are delegating to the CRA the authority to go out and issue the debt without the debt being approved by the Commission, which is perfectly allowed under state law. Commissioner Carollo: However, the way we have it now that we amended, it will come back to the City Commission, and at that time, it could also be addressed. Ms. Bru: Yes. Commissioner Carollo: Commissioner Spence -Jones, why I'm saying that the procedures are different with the CRA -- you weren't here, but you don't know how many times I had requested information or there's financial information that does not come to me or it comes to me in the last minute or it doesn't ever come to me. And you know what, speak to staff. You know, realistically -- so it's different. There is no five-day rule. I understand we have a new director. I understand we have a new director. I understand things may be different now. I understand that. But you've seen and you've had to encounter issues which you have stated very clearly. I understand. Believe me, I understand. And what don't understand is -- I want to be an ally in this. I understand the need that Overtown has. You know, from funding, CDBG funding, when my district has had enough, I have sent money to the Overtown area. Commissioner Spence -Jones: Yeah. Commissioner Carollo: So whatl -- Commissioner Spence -Jones: Frank -- Commissioner Carollo: -- just -- Commissioner Spence -Jones: -- nobody's ever questioned your heart. Nobody's ever questioned whether or not you have a commitment to serve and help my community. That's -- that -- I don't -- that's not the issue. I mean, the issue that we're dealing with right now is all the hurdles that we have to jump just to get something done. I'm just thankful and grateful to be able to at least get the support, hopefully, so that at least we can go to the County and begin that process. But I know one of the issues that we talked about even in my briefing, andl know what Janice even communicated when we talked about it, when we do come back to the City Commission for a vote on -- City Commission, not CRA -- City Commission, the reason why the City Attorney was saying that it would be best to go through the CRA, so now we won't have to worry about the City being in the midst of the loan because now you're getting approval from the City Commission, which is putting them in the middle of it, which the whole idea from day one was to separate the two. Now you're make -- now the thing that you don't want to have happen, which is make the City liable. Once we bring this back to us, back to the City Commission to take a vote, then the City now is in it 'cause now we're agreeing to the loan documents going out. So that puts the liability there, you know, so -- Chair Suarez: Do you agree with that, Mr. Bloom? Commissioner Spence -Jones: -- you know, that's the reason why I'm telling you that we, you know -- Chair Suarez: Do you agree with that? Mr. Bloom: I think we're not legally -- but we're trying to do the separation. City of Miami Page 125 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioner Spence -Jones: Separation. Mr. Bloom: And maybe Commissioner Carollo's concern can be alleviated if it's required that prior to any approval by the CRA, the proposed bond documents and the backup information be delivered to all the CRA Commissioners not less than five days before the meeting, so therefore, he'll have the opportunity to do the due diligence and it only has to go back to the CRA Board for approval so -- Chair Suarez: And that no substitutions will be offered in the intervening period because that's also what happens sometimes too. You get -- Commissioner Carollo: Yeah. Chair Suarez: -- 80 percent of the document -- Mr. Bloom: Right. Chair Suarez: -- or 95 percent of the documents but -- Mr. Bloom: I mean, I think -- Chair Suarez: -- the 5 percent changes the deal. Mr. Bloom: -- that's an in-between situation where it just goes to the CRA -- Chair Suarez: Okay. I'm going to amend my motion to revoke the original amendment. So basically, we're going as is, as the resolution is stated. Commissioner Spence -Jones: Thank you, so -- Commissioner Gort: Okay. Any -- Commissioner Spence -Jones: Second. Chair Suarez: Okay. Commissioner Spence -Jones: Amended. Chair Suarez: Let's go. Commissioner Gort: Okay. Commissioner Carollo: Now -- Commissioner Spence -Jones: Didl say it right, Julie? Okay. Mr. Woods: Might l just for the record, to hopefully alleviate some of the concerns that Commissioner Carollo has. Commissioner Spence -Jones: Don't make it complicated. Mr. Woods: No. All I'm about to say is that we will avail Miguel to you at any and all times, just as we are -- I have been told that we have to work with Commissioner Gort, we can do the City of Miami Page 126 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 same with you. You'll have all access to everything that we're doing. Commissioner Carollo: Right, Clarence. But at the same time, it's not just Miguel. Miguel was with me yesterday, but -- Mr. Woods: Well, myself -- Commissioner Carollo: -- Mr. Masvidal wasn't there. Mr. Woods: -- as well. Commissioner Spence -Jones: We will make -- Commissioner Carollo: You weren't there. Commissioner Spence -Jones: -- sure that all -- Mr. Woods: We'll make sure everybody. Commissioner Spence -Jones: -- as the chairperson of the Southeast Overtown/Park West, I'm going to ask our financial advisor, I'm going to ask Miguel, I'm going to ask Bill Bloom, I'm going to ask Clarence -- What's your last --? -- Woods -- Chair Suarez: Woods, with an S. Commissioner Spence -Jones: -- to please make yourself available to Commissioner Carollo. Now the only thing that can give you after this is my blood. What else do you want me to give you? Chair Suarez: Your firstborn. Commissioner Carollo: Okay, not just them, the information also. Mr. Woods: Absolutely. Commissioner Carollo: What Mr. Bloom said as far as five business days, which is similar or the same as the City, then -- Commissioner Spence -Jones: Put it on the record, Clarence, that you will make sure they get it five business days before this item comes to the CRA Board. Mr. Woods: You will -- not only will you have it five business days before the item comes to you for final approval, but you will have all of the documentation that goes along as we're going along, you know, to be able to vet it. Commissioner Gort: My suggestion, this type of document, it takes time, it takes attorneys, it takes a lot of input. As you get and put your papers together, make sure he gets a copy, all of us. Mr. Woods: Absolutely. Chair Suarez: Right. Commissioner Gort: Make copy of it, and then we get the copy of the final document before it City of Miami Page 127 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 comes up. Mr. Woods: Absolutely. Commissioner Gort: Okay. Chair Suarez: Let's do it. Commissioner Carollo: One last thing. One last thing. I need to hear from my City Attorney and my CFO once again that any of the issues that have been brought up, any of the concerns financially, that they can be addressed during that CRA meeting and any issues that we have, we can deal with it then. That this vote, like Commissioner Spence -Jones said, to a certain degree, it's ceremonial and any issues that have been brought up, we can actually deal with, if we need to, during that CRA meeting. Can I get that from the CFO and our City Attorney? Ms. Larned: Yes, Commissioner. Commissioner Carollo: Yes -- you want me to repeat the question or you --? Ms. Larned: No, no. I was -- Commissioner Gort: She's answering yes. Commissioner Spence -Jones: She just answered it yes. Ms. Larned: It's a noisy microphone, I apologize, and I'm short. Yes, I can make myself available at the CRA meeting. Commissioner Carollo: Okay. Ms. Larned: Yes. Commissioner Carollo: I want that, but any of these issues that has been risen, can they be addressed at that CRA meeting when it comes back to the CRA Board? Ms. Larned: I make myself available. If the CRA Board has questions, yes, they can be addressed at that time. Commissioner Carollo: And any of these -- Mr. Bloom: (UNINTET,T IGIBT ,F) you'll have the opportunity to do the due diligence so you'll be able to say all those questions -- Commissioner Spence -Jones: On the mike so we can -- Commissioner Gort: Question. Commissioner Carollo: Mr. Bloom. Chair Suarez: Yeah. Speak into the mike. Mr. Bloom: I think what Commissioner Carollo is asking is that you'll be able to appear at the CRA meeting, you'll have done the due diligence with respect to the bond documents. You'll have done the due diligence with respect to the City/CRA issues that are being addressed as part of this process and reaffirm the position that's been taken today regarding the separation of City of Miami Page 128 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 the two bond issues won't be problematic to the City in the -- for the future. Commissioner Carollo: And any due diligence that I may also do, it could be addressed should it need to on that CRA. In other words, all the concerns that I've raised today, if need to, can be addressed at that CRA board meeting, correct? Commissioner Gort: Yes. Commissioner Carollo: Yes. Mr. Masvidal: Yes. Commissioner Carollo: Madam City Attorney, I just want to verify; yes? Ms. Bru: Yes. Commissioner Carollo: Okay. Ms. Bru: But I also want to make sure that you understand that this is not ceremonial. This is a real important vote that you're taking that means something. This is not ceremonial. You're really taking action today. Commissioner Carollo: Right, and -- Ms. Bru: This is real. Commissioner Carollo: -- we're moving forward -- Ms. Bru: And you're moving forward, yes. Commissioner Carollo: -- with the CRA and the projects in Overtown. But at the same time, should there be issues with the finances, then it could be addressed at that CRA meeting -- Mr. Bloom: Correct. Commissioner Carollo: -- and you will need a vote from us anyways in that CRA meeting -- Mr. Bloom: Correct. Commissioner Carollo: -- correct -- Commissioner Spence -Jones: Yes. Commissioner Carollo: -- to move forward? Mr. Bloom: Correct. Commissioner Carollo: Okay. Unidentified Speaker: Yes. Commissioner Gort: All right. Chair Suarez: Well, listen. I mean, if this is authorizing them to issue an RFP, we can reject City of Miami Page 129 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 the RFP if we decide that the finance or something wrong -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- with the -- Commissioner Carollo: Exactly. Chair Suarez: -- financials. Commissioner Carollo: And that's what -- Commissioner Spence -Jones: That's fine. Commissioner Carollo: -- I needed to know. Mr. Bloom: Absolutely. Commissioner Carollo: That's -- Chair Suarez: Right. Mr. Bloom: Absolutely. Chair Suarez: So there is a check -- still a check -- Mr. Bloom: Absolutely. Chair Suarez: -- and balance placed there. Thank you. Commissioner Gort: Okay. Chair Suarez: Call the question, please. Commissioner Gort: IfI may. I'm going to call the question right after this statement. What I'm going to ask one more time, FM [sic] is also a financial advisor for the Omni, am I correct Chair Suarez: For the City. Commissioner Gort: -- the Omni CRA? You are or you're not or --? Mr. Masvidal: I'll try to make this very brief. We were hired a year and a half ago. I believe that deal was in progress before we got hired. So we are not working specifically on that transaction, no. Commissioner Gort: Okay. Well, it's important that this message be sent to Commissioner Sarnoff, as chairman of the Omni CRA, because we need to work as a team in all this. I mean, the Omni CRA needs to go to the County also and they need to do their due diligence also. So let's make sure -- like I said it before, we all get together, we all work as a team, and everybody that needs to get involved is involved and we get all the information. Okay, all in favor, state it by saying iiye. " The Commissioners (Collectively): Aye. City of Miami Page 130 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 BC.1 12-00284 Office of the City Clerk Chair Suarez: Passes unanimously. Applause. Commissioner Gort: Thank you. Commissioner Spence -Jones: I just want to say thank you to all four -- three of my colleagues. Let's give them a hand for their support for Overtown. Applause. Chair Suarez: Thank you. Okay, guys. We have one more item. Commissioner Gort: Can we take five? Chair Suarez: Yeah, sure. Five. END OF RESOLUTIONS BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Jesse Manzano Chairman Francis Suarez Jeanie Hernandez Commission -At -Large 12-00284 Bayfront Park CCMemo.pdf 12-00284 Bayfront Park 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: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff R-12-0200 Chair Suarez: It's 11: 45 [sic], although we don't have a quorum. So as soon as we have a quorum -- we have a couple of members of the Administration here. As soon as we have a quorum, we'll start the BCs (Boards and Committees). What I'm thinking, Mr. Hannon, is of doing the BCs a little differently, if we could, and maybe saying -- I mean, if you want to run through them, we can run them; we have plenty of time. But there's not that many. I guess there's a little less than there have been in the past. 'Cause the other thing is to say, you know, if anybody wants to appoint anybody and if no Commissioner cares about running through all of them -- you want to run through them? Okay. Well, you're the boss. City of Miami Page 131 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Todd Hannon (Assistant City Clerk): Thank you, sir. Chair Suarez: I know you're going to be able to do it in ten minutes, right? Mr. Hannon: Well under ten minutes. Chair Suarez: Awesome, awesome. We just need one more Commissioner and we'll be able to do it. I think Commissioner Gort's around there somewhere. I'm sorry? He's coming? Okay. And if someone could let Commissioner Spence -Jones know -- okay, perfect. By the way, I'm the only one on BC.1 andl will continue my appointment on BC.1. We don't need a vote for that, do we? Or we do need a vote? Mr. Hannon, do we need a vote if I'm the only one on BC.1 ? Commissioner Carollo: Yeah, we do need -- Chair Suarez: Yeah. It should be like a lesser quorum for BCs. My apologies, you're right; I do have an appointment for BC.1. As a matter of fact, I do. All right, we have a quorum. BC.1, you're on the clock, Todd. Commissioner Carollo: There you go. Mr. Hannon: Good morning, Commissioners. Commissioner Carollo: That's yours. Mr. Hannon: Again, I would like to respectfully request before we begin the BC items that you proffer all names and waivers before a motion is made; therefore, only one motion will be required for each item. Chair Suarez: Perfect. Commissioner Carollo: Okay. Mr. Hannon: So -- Chair Suarez: I will proffer the name -- I think I'm the only person here. I'll proffer the name of Jesse Manzano. Mr. Hannon: Starting with BC.1, Bayfront Park Management Trust. Chair Suarez: Yes. Mr. Hannon: There are two appointments to be made. Chair Suarez will be appointing Jesse Manzano. Chair Suarez: Yes. Mr. Hannon: There's an at -large appointment as well. Is there a name to be proffered for the at -large? Commissioner Carollo: Yes, Mr. Chairman. Jeanie Hernandez. Mr. Hannon: That is Jeanie Fernandez? City of Miami Page 132 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioner Carollo: Jennie Hernandez, with an FI " Mr. Hannon: Hernandez. Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner Spence -Jones. Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. All in favor, signift by saying aye." The Commission (Collectively): Aye. Mr. Hannon: One second. BC.2 RESOLUTION 12-00433 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Frank Carollo Commissioner Frank Carollo 12-00433 CSW CCMemo.pdf 12-00433 CSW Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Chair Suarez: BC.2. Commissioner Carollo: I'm going to defer. Chair Suarez: That's a motion to defer. Todd Hannon (Assistant City Clerk): BC.2 -- Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. All in favor, signift by saying aye." The Commission (Collectively): Aye. BC.3 RESOLUTION 12-00286 City of Miami Page 133 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Francis Suarez Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo 12-00286 CRB CCMemo.pdf 12-00286 CRB Current_Board_Members.pdf 12-00286 CRB Memo from Haydee Wheeler (3.30.12) - Barbara Rodriguez.pdf 12-00286 CRB Memo from Haydee Wheeler (5.29.212) - Community Relations Board Vacancies.p Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Vice Chair Sarnoff BC.3. Todd Hannon (Assistant City Clerk): BC.3, Community Relations Board. There are three appointments to be made. Commissioner Gort you have one appointment. Commissioner Gort: Waive it. Mr. Hannon: Okay, continue. Commissioner Carollo: Continue. Mr. Hannon: Continue. Is there a motion? Commissioner Carollo: Move it. Chair Suarez: Moved by Commissioner Carollo. Second -- Commissioner Spence -Jones: Second. Chair Suarez: -- by Commissioner Spence -Jones. All in favor, signift by saying aye." The Commission (Collectively): Aye. BC.4 RESOLUTION 12-00289 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY City of Miami Page 134 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 TECHNOLOGY ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Frank Carollo 12-00289 CTAB CCMemo.pdf 12-00289 CTAB Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones Vice Chair Sarnoff BC.4. Todd Hannon (Assistant City Clerk): BC.4, Community Technology Advisory Board. There's one appointment to be made by Commissioner Carollo? Commissioner Carollo: Does this board actually meet? Mr. Hannon: Yes, sir, they still do meet, but maybe not that frequently. Commissioner Carollo: Okay, I'll continue mine then. Chair Suarez: Okay. Motion to continue. Commissioner Carollo: Second. Oh, I'm sorry. I made a motion. Chair Suarez: Is there a second by -- Commissioner Carollo -- Commissioner Gort: Second. Chair Suarez: -- Commissioner Gort seconds it. All in favor, signift by saying aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. BC.5 RESOLUTION 12-00287 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: Commissioner Frank Carollo Commissioner Frank Carollo City of Miami Page 135 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 IAFF AFSCME 871 12-00287 EOAB CCMemo.pdf 12-00287 EOAB Current_Board_Members.pdf 12-00287 EOAB Memo from Local 871.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Chair Suarez: BC.5. Todd Hannon (Assistant City Clerk): BC.5, Equal Opportunity Advisory Board. There are four Commissioner Carollo: Continue. Mr. Hannon: Continue. And we will be continuing the IAFF (International Association of Firefighters) and AFSCME (American Federal, State, County and Municipal Employees) 871 appointments. Is there a motion? Commissioner Carollo: So moved. Chair Suarez: Motion by Commissioner Carollo. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. BC.6 RESOLUTION 12-00288 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: Vice Chairman Marc David Sarnoff 12-00288 Finance CCMemo.pdf 12-00288 Finance Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff City of Miami Page 136 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chair Suarez: BC. 6. Todd Hannon (Assistant City Clerk): BC.6, Finance Committee. There's one appointment to be made by Vice Chairman Sarnoff -- Commissioner Carollo: Continue. Mr. Hannon: -- and he will be continuing. Chair Suarez: Deferred by -- motion to defer by Commissioner Carollo. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. All in favor, signift by saying aye." The Commission (Collectively): Aye. BC.7 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: NOMINATED BY: Chairman Francis Suarez Vice Chairman Marc David Sarnoff Commissioner Frank Carollo 11-00997 Health CCMemo.pdf 11-00997 Health Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Chair Suarez: BC.7. Todd Hannon (Assistant City Clerk): BC.7, Health Facilities Authority Board. There are three appointments to be made. Chair Suarez, you have one appointment. Chair Suarez: Continue. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, you're recognized. Commissioner Carollo: Does this board -- once again, does this board actually meet -- Chair Suarez: I'm not sure that it does. City of Miami Page 137 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioner Carollo: -- Health Facility [sic] Authority Board? Mr. Hannon: They do meet, but it -- Chair Suarez: I'm not sure that it does. Mr. Hannon: -- I'll defer to Madam City Attorney. Maria J. Chiaro (Deputy City Attorney): The Health Facilities Advisory Board meets when there is a need -- Commissioner Gort: It's a conduit. Ms. Chiaro: -- for their work -- Chair Suarez: Got it. Ms. Chiaro: -- which is as a conduit -- the City's a conduit for financing for certain health facilities. Chair Suarez: Got it. Ms. Chiaro: So while the board needs to exist, they don't -- there is no need for them to meet regularly. There's no work for them to do regularly. Chair Suarez: Got it. Commissioner Gort: Question. Commissioner Carollo: So -- and let me ask just -- is it unusual then to name someone when something actually comes up and they're going to meet and then I will name someone? 'Cause right now I'm going to ask someone or -- no one's approached me for this board, but I would say, listen, would you like to be on this board that -- Chair Suarez: Whenever it meets. Commissioner Carollo: -- we never meet unless an issue arises? Well, what type of issues, Commissioner? Something of the health facility type. Chair Suarez: Yes, Commissioner Gort. Commissioner Gort: Mr. Chairman, my understanding is the only time it's been used -- when the hospital down here needed to do a bond issue, they used the City as a conduit. My understanding is the City does charge the issuer. We do charge them a fee for using the City as a conduit. Ms. Chiaro: Well, there are -- there is the bond issuance. You need the approval of the local governing authority for the -- Commissioner Gort: right. Ms. Chiaro: -- health facility to do the issuance. Our involvement then is compensated, if that's what you're asking. City of Miami Page 138 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 BC.8 12-00434 Commissioner Gort: Okay. That's -- we do have a compensation? Ms. Chiaro: Yes. Commissioner Gort: And any hospital or health facility that wants to do a bond issue, they can do it through the City ofMiami as a conduit. Commissioner Carollo: Okay. By the way, I don't want this time to run against -- Chair Suarez: Yeah. Commissioner Carollo: -- Todd here 'cause -- Chair Suarez: It shouldn't, it shouldn't. Commissioner Carollo: -- this was questions that we actually made. I'll defer mine. Mr. Hannon: Yes, sir. And Vice Chair Sarnoff has one appointment to make, which he will be continuing. Is there a motion? Commissioner Carollo: So moved. Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner Carollo, second by Commissioner Spence -Jones. All in favor, signift by saying iiye. " The Commission (Collectively): Aye. RESOLUTION 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: Mayor Tomas Regalado Chairman Francis Suarez Vice Chairman Marc David Sarnoff Commissioner Frank Carollo 12-00434 Homeland CCMemo.pdf 12-00434 Homeland Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. City ofMiami Page 139 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Chair Suarez: BC.8. Todd Hannon (Assistant City Clerk): BC.8, Homeland Defense/Neighborhoodlmprovement Bond Program Oversight Board. There are four appointments to be made. Mayor Regalado will be continuing his appointment. Chair Suarez, you have one appointment to be made. Chair Suarez: Continue. Commissioner Carollo: Continue. Mr. Hannon: And Vice Chair Sarnoff has one appointment to be made, which he will continue. Is there a motion? Commissioner Carollo: So moved. Chair Suarez: Moved by Commissioner Carollo. Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. All in favor, signift by saying aye." The Commission (Collectively): Aye. BC.9 RESOLUTION 12-00435 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Michelle Spence -Jones (Youth, Non -Voting Member) 12-00435 Liberty City CCMemo.pdf 12-00435 Liberty City Current_Board_Members.pdf 12-00435 Liberty City Applications.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Chair Suarez: BC.9. Todd, you're making good time, buddy. Todd Hannon (Assistant City Clerk): BC.9, Liberty City Community Revitalization Trust. There's one -- Commissioner Spence -Jones: Deferred. I'm deferring it. City of Miami Page 140 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioner Carollo: So moved. Chair Suarez: Moved by Commissioner -- Commissioner Gort: Second. Chair Suarez: -- Carollo, second by Commissioner Gort. All in favor, signift by saying aye." The Commission (Collectively): Aye. BC.10 RESOLUTION 12-00436 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. BC.11 APPOINTEES: NOMINATED BY: Vice Chairman Marc David Sarnoff Commissioner Frank Carollo 12-00436 MSEACCMemo.pdf 12-00436 MSEA Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Chair Suarez: BC.10. Todd Hannon (Assistant City Clerk): BC. 0, Miami Sports & Exhibition Authority. There are two appointments to be made at this time. Vice Chair Sarnoff has one appointment which he will be continuing. Commissioner Carollo, you have one appointment. Commissioner Carollo: Continue. Mr. Hannon: Continue. Is there a motion? Commissioner Carollo: So moved. Chair Suarez: Moved by Commissioner Carollo. Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. All in favor, signift by saying aye." The Commission (Collectively): Aye. RESOLUTION City of Miami Page 141 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 12-00057 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FORATERM 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 Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Todd Hannon (Assistant City Clerk): BC.11, Parks and Recreation Advisory Board. There's one appointment to be made at this time by Commissioner Carollo. Commissioner Carollo: Continue. Mr. Hannon: That's a motion by Commissioner Carollo. Is there a second? Chair Suarez: Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. All in favor, signift by saying aye." The Commission (Collectively): Aye. BC.12 RESOLUTION 12-00298 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: Vice Chairman Marc Sarnoff Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Michelle Spence -Jones 12-00298 PZAB CCMemo.pdf 12-00298 PZAB Current_Board_Members.pdf 12-00298 PZAB Applications. pdf City of Miami Page 142 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Todd Hannon (Assistant City Clerk): BC.12, Planning, Zoning and Appeals Board. There are four appointments to be made at this time. Vice Chair Sarnoff has one appointment that -- which he will be continuing. Continue Gort, you have one appointment. Commissioner Gort: Continue. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: With regards to this board, there -- I have someone that I would like to nominate. However, they need to go through the application process. I think you have to advertise and they have to fill out the application andl think -- Mr. Hannon: Correct, sir. Commissioner Carollo: -- there's a whole process. Do you know when that's going to occur again? Mr. Hannon: What we can do is, I would like to work with the Attorney's office on one section of the code just for further clarification on a paper of general circulation, and once I get a clearer understanding of that definition, then I can reach out to the Commissioners and see when we'd like to go ahead and issue a public notice for the PZAB (Planning, Zoning and Appeals Board). Commissioner Carollo: Thank you, Todd, because realistically, I couldn't just name someone that wanted. They would have to have applied already -- Mr. Hannon: Correct, sir. Chair Suarez: -- and so forth. Mr. Hannon: Yes, sir. Commissioner Carollo: Okay. Mr. Hannon: So Commissioner Carollo will be continuing. Commissioner Spence -Jones, you have one appointment to be made at this time. Commissioner Spence -Jones: Deferring it. Mr. Hannon: Yes, ma'am. Is there -- there's a motion by Commissioner Spence -Jones. Is there a second? Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. All in favor, signift by saying aye." The Commission (Collectively): Aye. City of Miami Page 143 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 BC.13 12-00300 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Francis Suarez Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Michelle Spence -Jones 12-00300 UDRB CCMemo.pdf 12-00300 UDRB Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Chair Suarez: BC.13. Todd Hannon (Assistant City Clerk): BC.13, Urban Development Review Board. There are five appointments to be made. Chair Suarez, you have one appointment as of this time. Chair Suarez: Defer. Mr. Hannon: Commissioner Gort, you have one appointment. Commissioner Gort: Defer. Mr. Hannon: Commissioner Carollo, you have two appointments. Commissioner Carollo: Again, does this board actually meet? Mr. Hannon: Yes, sir, they do, on a frequent basis. Commissioner Carollo: Really? Okay. I'll look more into it, but I'm going to continue for now. Mr. Hannon: Yes, sir. Commissioner Spence -Jones, you have one appointment to be made at this time. Commissioner Spence -Jones: Defer. Mr. Hannon: Yes, ma'am. Commissioner Gort: You saidl have one appointment. I thought already had it. City of Miami Page 144 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Mr. Hannon: Yes. Commissioner Gort, you have one appointment at this time. The current incumbent is Robin Bosco. However, they cannot be reappointed at this time due -- Commissioner Gort: Deferred. Mr. Hannon: -- to the code. Commissioner Gort: Defer. Mr. Hannon: Okay. Chair Suarez: Is there a motion? Commissioner Carollo: So moved. Chair Suarez: Moved by Commissioner Carollo. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. All in favor, signift by saying aye." The Commission (Collectively): Aye. BC.14 RESOLUTION 12-00437 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Frank Rollason Commissioner Michelle Spence -Jones 12-00437 VKBPT CCMemo.pdf 12-00437 VKBPT Current_Board_Members.pdf Motion by Commissioner Carollo, 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-12-0201 Chair Suarez: BC -- Todd Hannon (Assistant City Clerk): BC.14, Virginia -- Chair Suarez: -- 14. Mr. Hannon: -- Key Beach Park Trust. There are four appointments to be made at this time. Commissioner Spence -Jones, you have one appointment. City of Miami Page 145 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioner Spence -Jones: Frank Rollason. Mr. Hannon: And that was Frank Rollason, ma'am? Commissioner Spence -Jones: Yes. Mr. Hannon: Yes, ma'am. And then there are three at -large appointments. However, we're waiting on a memo from Virginia Key Beach Park Trust so we'll have to continue those at -large appointments. Is there a motion? Commissioner Carollo: So moved. Chair Suarez: Moved by Commissioner Carollo. Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. All in favor, signift by saying aye." The Commission (Collectively): Aye. BC.15 RESOLUTION 12-00487 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: 12-00487 WAB CCMemo.pdf 12-00487 WAB Current_Board_Members.pdf NOMINATED BY: Mayor Tomas Regalado Vice Chairman Marc David Sarnoff Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Chair Suarez: BC.15. Todd Hannon (Assistant City Clerk): BC.15, Waterfront Advisory Board. There are two appointments to be made at this time, one by Mayor Regalado, who will be continuing his appointment, and one by Vice Chair Sarnoff who'll be continuing his appointment. Is there a motion? Commissioner Carollo: Move it. Chair Suarez: Moved by Commissioner Carollo. Commissioner Gort: Second. City of Miami Page 146 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 M.1 12-00361 Chair Suarez: Second by Commissioner Gort. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. Mr. Hannon: And that is the end of your BC (Boards and Committees) items. Thank you very much. Chair Suarez: Okay. It was 10: 48 when we started. It's 10: 56 when we finished. Andl deduct about 2 -- I think like 2 minutes is fair, a minute and a half. So that means you did it in 6 minutes, man. Congratulations. I think that's a record. Mr. Hannon: Can I roll those minutes over to the next meeting, the ones I didn't use? Chair Suarez: Exactly. Very smart, very smart. Okay guys, we're going to -- we have really nothing to take up now. END OF BOARDS AND COMMITTEES MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO DISCUSSION ITEM DISCUSSION ABOUT THE STATUS AND POSSIBLE SETTLEMENT OF A 1994 SUIT RELATED TO THE POLICE DEPARTMENT. 12-00361 Email - Status & Possible Settlement.pdf CONTINUED Chair Suarez: Mr. Mayor, you're recognized. I'm sorry. Mayor Regalado: Thank you. Thank you very much, Mr. Chairman. There are two items that I would like you to consider. First of all, M.1, I would like to defer that to the June -- first June in [sic] meeting since the City Attorney has informed us that there is talks going on on this 1999 suit. It just roll over to this agenda, but if you allow, I will ask the Administration to place it on the June -- Commissioner Gort: Which item? Mayor Regalado: -- item for possible discussion. The other item -- Chair Suarez: June 14. Is that okay? Mayor Regalado: I'm sorry? Chair Suarez: June 14. Mayor Regalado: Yes, absolutely. Chair Suarez: June 14. City of Miami Page 147 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 M.2 12-00510 Commissioner Gort: Which item? RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING NO OBJECTION AND SUPPORTING THE CODESIGNATION BY THE FLORIDA LEGISLATURE, PURSUANT TO HOUSE BILL 7039, DESIGNATING SOUTHWEST 22ND STREET FROM SOUTHWEST 24TH AVENUE TO SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA, AS "MIAMI MEDICAL TEAM WAY," SOUTHWEST 27TH AVENUE FROM SOUTHWEST 8TH TO SOUTHWEST 13TH STREET, MIAMI, FLORIDA, AS "REVEREND MAX SALVADOR AVENUE," WEST FLAGLER STREET FROM SOUTHWEST 39TH AVENUE TO NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, AS "ALEIDA LEAL WAY," BRIDGE NO. 870002 ON SOUTH BISCAYNE BOULEVARD FROM NORTHEAST 77TH STREET AND NORTHEAST 78TH STREET, MIAMI, FLORIDA, AS "MRS. ANN CARLTON BRIDGE;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMITA COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX, FOR SIGNS INSTALLATION WITHIN THE NEWLY DESIGNATED ROADWAYS AND BRIDGE. 12-00510 Legislation.pdf 12-00510 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-12-0198 Mayor Tomas Regalado: The other item, M.2 -- Chair Suarez: It's M.1. Commissioner Gort: Okay. Mayor Regalado: -- it's a resolution of no objection and the Florida -- Chair Suarez: Is there a motion? Mayor Regalado: -- Department Transportation is waiting for -- Chair Suarez: Is there a motion? Commissioner Carollo: For? Chair Suarez: M.2. It's a codesigna -- a no objection. Mayor Regalado: It's a no objection to the naming of -- Chair Suarez: Right. City of Miami Page 148 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Mayor Regalado: -- of several streets and roads -- Chair Suarez: Right. Mayor Regalado: -- in the City of Miami by the State Legislature. Chair Suarez: Right. Mayor Regalado: And as you know, we have to send this to FDOT (Florida Department of Transportation) for them to start placing the signs. Chair Suarez: That's fine. Is there a motion? Commissioner Spence -Jones: So moved. Chair Suarez: Motion by Commissioner Spence -Jones. Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. Mayor Regalado: Thank you. Commissioner Gort: Can I ask a favor -- Chair Suarez: Thank you. Commissioner Gort: -- of the Administration and yourself, Mr. Mayor. My understanding is, there was a sign on Southwest 7th Street -- Mayor Regalado: Right. Commissioner Gort: -- and -- Benito Fernandez. It was knocked down and -- Chair Suarez: We need to get that back up -- Mayor Regalado: Right. Commissioner Gort: Okay. Chair Suarez: -- if we want the CDBG (Community Development Block Grant) cap to go -- Mayor Regalado: Actually -- Commissioner Carollo: Where? What? Mayor Regalado: -- Congressman Mario Diaz-Balart asked the City of Miami, Mr. Manager, and Public Works, Zerry, to see what happened to the signs of Southwest 7th Street, Carlos Benito Fernandez Way. The signs were taken down when construction was done. I believe that that's a County road -- state. And if you can -- Zerry, if you can communicate that to FDOT and the County so they can replace the sign. Nothing to name. It's just that this was done City of Miami Page 149 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 D2.1 12-00504 many, many, many years ago, but the signs are not there. Commissioner Spence -Jones: Can you rewind 'cause I missed --? I thought I -- take down and put up what signs now? Mayor Regalado: Well, several -- many years ago the State Legislature and the City -- we weren't there -- we weren't here -- named Southwest 7th Street, which is not a City ofMiami road but a state road, Carlos Benito Fernandez Way. It was the first Latin judge in the City of Miami. Commissioner Spence -Jones: Okay. Mayor Regalado: Apparently, there was a construction on the street and the signs were taken down and the congressman is requesting that we look into it and talk to the different agencies to replace the signs that originally were there. Chair Suarez: Thank you, Mr. Mayor. END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 VICE-CHAIRMAN MARC DAVID SARNOFF DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 12-00504 Email - Status of Hiring Police Officers.pdf DEFERRED Note for the Record: Item D2.1 was deferred to the May 24, 2012 Commission Meeting. Chair Suarez: Okay. Here's what we're going to do. We are going to -- Commissioner Sarnoffs discussion item, obviously, is going to be deferred 'cause he's not here -- Commissioner Spence -Jones: Right. Chair Suarez: -- which is D2.1. END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO City ofMiami Page 150 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 D3.1 12-00518 D3.2 12-00519 DISCUSSION ITEM DISCUSSION REGARDING RFPs. 12-00518 Email - RFPs.pdf DISCUSSED Chair Suarez: I think Commissioner Carollo is going to -- he already spoke briefly about 3.1, but I think he's going to go -- go ahead. [For additional discussion regarding item D3.1, please see item RE.10.] Commissioner Carollo: Yeah. With regards to D3.1, which is a discussion regarding the RFPs (Requests for Proposals) and the procedures. Just refer to RE.10 on that because I already spoke about that. Andl don't know if, in the future, we want to consider that before a major RFP goes out, that it comes before the Commission or not. But pretty much, I spoke my issue with the RFPs on RE.10. Chair Suarez: Thank you. DISCUSSION ITEM DISCUSSION REGARDING THE UPCOMING CITY CLERK VACANCY. 12-00519 Email - Upcoming City Clerk Vacancy.pdf DISCUSSED Direction by Chair Suarez to the Administration for the Director of Human Resources to develop a plan for filling the upcoming vacancy for the City Clerk position and bring it back before the City Commission within a month for consideration. Chair Suarez: Three point two -- D3.2. Commissioner Carollo: D3.2. I'm bringing up D3.2 because I had a little bit of a experience with the auditor general position and the procedures. It took quite a few months. As you know, you know, unfortunately, we were told two days before a contract was going to expire for the auditor general about that expiration and we were left running around, so it took quite a few months to actually fill that position. So what I'm doing is I'm bringing it up to my colleagues so we consider, yeah, the vacancy of the City Clerk, which will be happening) believe it's in mid or late September. So I want to see, more than anything, bring everyone up-to-date with regards to that position and letting them know that we need to start setting procedures maybe with our Employee Relations director so we could start, you know, working towards the vetting process and filling that position ahead of time instead of you know, the position being vacant and then we start the process. Chair Suarez: Okay. Ms. Pruitt, would you like to address some of those concerns? And the other thing I would say is, learning from what happened with the auditor general, that your office and the City Attorney's office work hand in hand because it is a Charter -- it's an office that's stated in the Charter and has a variety of different requirements. It's kind of a constitutional office so we just want to make sure that we avoid a situation where we don't advertise it properly or whatever, okay. You're recognized if you want to make any statements on it. City of Miami Page 151 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Beverly Pruitt: Beverly Pruitt, Human Resources director. Chair Suarez: Thank you. Ms. Pruitt: We'll work with the Law Department in terms of what you would like on the posting Chair Suarez: Thank you. Ms. Pruitt: -- and the timing that you would like to have it posted as well as how you would like the applications screened. Chair Suarez: I think we just -- you know, what would be good is if you report back to us -- and I don't want to take his discussion item -- maybe within a month as to what the procedure's going to be, the plan. Ms. Pruitt: Yes. Chair Suarez: I commend the Commissioner for bringing this, you know, to our attention in advance so we can get this thing going early and then we'll go from there. Commissioner Carollo: And you know, I think we should look at a time frame -- Chair Suarez: Right. Commissioner Carollo: -- more or less so maybe we could hire this person either two weeks prior to -- Chair Suarez: At least. Commissioner Carollo: -- our City Attorney's [sic] leaving, at least, so there may be a transition. I think that will be good. But I think we need to have some type of a time frame, you know, from this date that we want to hire someone and start working back. When does it need to be advertised? How many days for interviews? Who's going to interview? All that good stuff. And, again, this is just preliminary, just to bring it up and start working towards that process. Ms. Pruitt: Just so -- I'm sorry. Chair Suarez: I would go a step further in just saying maybe instead of one meeting, two meetings ahead just in case we have to defer it, you know, for whatever reason. If we don't have information or for any reason we can still defer it one more time and still be on time. So I think maybe two meetings before will be better. Ms. Pruitt: So you're looking for the Administration to make a recommendation on this process for hiring a City Clerk? Chair Suarez: Correct. Commissioner Carollo: At least a time frame. Commissioner Gort: Come back with a plan. Chair Suarez: Yeah. And discuss it with the City Attorney to make sure that everything City of Miami Page 152 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 constitutionally -- Ms. Pruitt: Yes. Chair Suarez: -- is taken into account. And so if she is out by September, then we're talking about sometime in August, correct, or right --? Ms. Pruitt: Correct. Commissioner Carollo: Right. And what -- Chair Suarez: Or late July. Commissioner Carollo: And just to be a little bit more specific, let's say her last day, let's say, September 30. Actually, I think it's about September 27, somewhere around there. So let's say it's the end of September, okay, and we want this person to start two weeks prior to that date, so let's say mid September. Now from mid September to whenever, we're going to have a Commission meeting that this Commission has to approve that, you know -- Chair Suarez: That window's tight. Commissioner Carollo: -- recommendation. Chair Suarez: That window's tight 'cause we don't have any meetings in August. Commissioner Carollo: Okay. So then prior to that, if we don't have any meetings in August -- Chair Suarez: Right. Commissioner Carollo: -- so it could be the first meeting in September where we do the approval. But then you -- we always still have a process where that person needs to meet with each Commissioner so you need to allocate, let's say, two, three weeks for that. Then prior to that, there needs to be some type of vetting process where I don't know if a committee -- if we want to go that route with a committee screen some of these, you know, applicants or not. Prior to that, we have to do advertisement. So we do some type of time frame so we know, you know, where we're at. Commissioner Spence -Jones: Mr. Chairman, the only thing want to add in it, I agree with the fact that we should be starting early on the Clerk. I agree with the fact that we should be starting early on the City Attorney. My concern would be we're talking about doing this all during election seasons, August and November, and the Clerk's office plays a very significant role in those elections. My suggestion would be -- and it's just a suggestion, and we can talk further about this -- is that we maybe perhaps have someone that's maybe an interim person that's there already that understands the system, 'cause the worst thing we can do going into a presidential election is getting someone, you know, that will be working in that position that is behind the eight ball. So my suggestion is to take the time to do it properly, but utilize -- I'm sure there's people that's, you know, already on the Clerk staff that have the ability to do the job properly instead of getting someone in here and assist them and not doing a good job and then we have a real issue. We got several issues on the August ballot. We got several issues on -- Chair Suarez: November. Commissioner Spence -Jones: -- the November ballot. I don't think that's -- that's a position that we just can't play with during that particular period. City of Miami Page 153 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioner Carollo: Yeah. And, Commissioner, I think some of those people could actually apply for the job also, you know. Commissioner Spence -Jones: Right. Commissioner Carollo: So I'm bringing it up for a discussion. I just don't want -- what don't want is what happened before -- Commissioner Spence -Jones: No. I got you. Commissioner Carollo: -- that here come mid September -- Chair Suarez: Last minute. Commissioner Carollo: -- or even worst, two days before -- Chair Suarez: Right. Commissioner Carollo: -- there's a vacancy and all of a sudden, hey, by the way, Commission, you all are tasked now with choosing a City Clerk. How do you want to do it? How do you want to go about this? Commissioner Spence -Jones: Right. Commissioner Carollo: And everyone's, well, wait a second. Commissioner Spence -Jones: No, no. I -- Commissioner Carollo: We have this whole agenda so -- but with what you're saying, I don't disagree with you, Commissioner Spence -Jones. Commissioner Spence -Jones: Yeah. I'm not going against you one way or the other. Commissioner Carollo: Right. Commissioner Spence -Jones: I'm just simply saying we -- I want us to operate in wisdom, andl just can see the fiasco that we went through on the auditor side and how long that took. I would hate for that to happen during -- that period is too short between August and November to have an issue. So I think that if nothing else, maybe we have an interim person that's there, you know, that's already in the department that can handle it, okay, knows how to run elections. Because even though you have people that can apply, you may have somebody that may be well over qualified or qualified, more qualified than what you have there, and we would have to still follow the employment rules and that person should get the job, but that doesn't mean they understand our system. And I just don't want us to have a mess. So I think you're right for putting it in order. I'm not taking that away from you. I'm just simply saying let's operate with wisdom to figure out how we roll it out that it's not affecting the election cycle. Chair Suarez: Andl would add that we have to run this all by Legal as well because I remember when we were doing the issue of the auditor general, we didn't want to put the interim label on that person simply because that might create a legal issue with did we actually appoint him -- Commissioner Spence -Jones: Yes. City of Miami Page 154 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chair Suarez: -- or whatever. So I would just ask that there be very close coordination between the Law Department and -- another good reason why this was brought up now, which is to get everybody on the same page. Commissioner Carollo: Exactly. Ms. Pruitt: I have a question -- Commissioner Carollo: That's exactly the reason it -- Chair Suarez: Right. Commissioner Carollo: -- was brought up. Commissioner Spence -Jones: No problem. Commissioner Gort: And most important, people within department can apply it also. Chair Suarez: Right. Commissioner Gort: It's very important. Chair Suarez: Of course. Commissioner Gort: Okay. Chair Suarez: We hope they do. Commissioner Spence -Jones: Yeah. Commissioner Gort: Yes. Ms. Pruitt: Just one clarification. On the timeline, in order to develop that effectively, do you wish to have appointees to a committee to screen those applications prior to the recommendation to you of the qualified candidates? Chair Suarez: The only reason why I hesitate to do that -- andl -- for the City Attorney, we can definitely appoint lawyers to choose a City Attorney for the -- the auditor general, we can appoint people in the accounting field. For clerks, it's a little bit different. You know, I don't know another clerk so -- Ms. Pruitt: Okay. Chair Suarez: -- it's going to be hard for me to find someone that has the expertise to be a substantive participant in the process, other than just a bystander, you know, normal person who, you know, applies logic and, you know -- but don't know how everyone else feels about it. Commissioner Carollo: I agree with you. I think -- usually, I think we would choose a committee, but I think it's going to be hard to pick a committee in this instance. Commissioner Gort: Well, my suggestion -- Chair Suarez: Commissioner. City of Miami Page 155 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioner Gort: -- is it must be some kind of organization. They have clerks organizations or -- we have many clerks in other municipalities where we can ask them to participate. Chair Suarez: Thank you. Commissioner Gort: I personally don't feel I'm qualified or know anyone's qualified to sit down and make the decision. Chair Suarez: Yeah. So that means I leave it up to you. Ms. Pruitt: Okay. Chair Suarez: Leave it up to you and in consultation with the City Attorney's office -- Ms. Pruitt: Yes, sir. Chair Suarez: -- to come up with a procedure -- Commissioner Gort: No, no. Ms. Pruitt: Yes, sir. Chair Suarez: -- that we can look at. No, no. I know what -- right. No, no. Commissioner Gort: Okay. Chair Suarez: Not up to you in the sense -- Ms. Pruitt: No. Chair Suarez: -- you don't select the person, but up to you to come up with a procedure that you -- we -- that you feel will adequately -- you may select a committee of other clerks from other places. I don't know. I mean, you may suggest that. Whatever you come up with -- Ms. Pruitt: We'll give you a recommendation -- Chair Suarez: The point is, the Commissioner has brought it up so we have the time to come up with a procedure, digest it, agree to it, and move forward, and be timely with it. Ms. Pruitt: Yes, sir. Chair Suarez: Thank you. Ms. Pruitt: Thank you. Chair Suarez: I'm assuming we'll hear about this again in, what, a month? Okay, a month. END OF DISTRICT 3 DISTRICT 4 CHAIRMAN FRANCIS SUAREZ City of Miami Page 156 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 D4.1 12-00381 NA.1 12-00587 DISCUSSION ITEM DISCUSSION REGARDING CREATION OF VIRGINIA KEY PLANNING OVERSIGHT BOARD. 12-00381 Email - Creation Virginia Key Planning Oversight Bd.pdf 12-00381-Submittal-Stuart Sorg.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) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item D4.1 was deferred to the May 24, 2012 Commission Meeting. END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES END OF DISTRICT 5 DISCUSSION ITEM STATUS UPDATE BY MAYOR REGALADO ON THE TRIP TO WASHINGTON, D.C. CONCERNING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS. DISCUSSED Chair Suarez: Mr. Mayor, would you like to make a brief presentation on the trip from Washington, DC (District of Columbia), that we just arrived from last night? Mayor Tomas Regalado: Thank you, Mr. Chairman. Good morning. And very briefly, I would report to you and to the residents of the City ofMiami that yesterday's visit with a member of Congress was, I think, very important in reaching the goal that we all have, which is passing legislation to raise the cap on the CDBG (Community Development Block Grant) issue. Yesterday was a very active day for the delegation, and the Chairman and Commissioner Gort were there, and of course, Commissioner Spence -Jones has been there. Commissioner Carollo has been there several times. And whatl can tell you -- and I'm sure that you will confirm -- is that yesterday we had very important meetings, especially with Senator Bill Nelson. We have a very -- we had a very lively conversation with the senator and his staff and we got a commitment from him. And then we went to several other members of Congress, but I think that the most important meeting was late in the afternoon with Congressman Tom Latham. Congressman Latham is the chairman of the HUD (Department of Housing and Urban Development) Appropriations Subcommittee. And on that meeting, we were accompanied by Congresswoman Ileana Ros-Lehtinen and Congressman Mario Diaz-Balart, member [sic] of that committee. And the chairman, who is from Iowa, gave us plenty of time. And the two members of Congress that were there really became advocates for the City ofMiami and hopefully we will see legislation moving in Washington, which is very unusual, especially at this time. Two things that are important. They committed to have a meeting with all the members of the Dade Delegation in Miami in August during the recess of Congress so we can show them the City ofMiami Page 157 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 NA.2 12-00582 different programs. And number two, thanks to the reappropriation of the different districts, now we have three of the most power women in the United States Congress representing the City ofMiami: Ileana Ros-Lehtinen, the chair of the International Relations Committee; and of course, Frederica Wilson, one of the leaders of the minority; and Congresswoman Debbie Wasserman -Shultz. She is the chairperson of the Democratic National Committee and one of the leaders of the minority in Congress. Those -- and these three women are fighting for the City ofMiami. And all of you know, but think that yesterday we had confirmation that this member of Congress wants the people ofMiami to have what they are entitled to. So that's the report. Hopefully we will hear from the different member [sic] of Congress. And it was a very hectic day, but think it was worth it. Chair Suarez: Thank you, Mr. Mayor. DISCUSSION ITEM DISCUSSION BY COMMISSIONER SPENCE-JONES REGARDING AGREEMENTS WITH THE TWO GAMING FACILITIES WITHIN THE CITY OF MIAMI; FURTHER DISCUSSING THE CITY'S USE OF THE REVENUES RECEIVED AND THE REEVALUATION OF THE PERCENTAGE OF REVENUES RECEIVED BY THE CITY FROM THESE FACILITIES. DISCUSSED Chair Suarez: Let's run through the BC (Boards and Committees) items and then everything else is basically for the afternoon. Commissioner Spence -Jones: I just -- I did have a pocket item that I wanted to kind of share. Chair Suarez: Sure. Commissioner Spence -Jones: Okay. Remember in the last meeting I asked the Administration on the Magic City portion of it. Chair Suarez: Yeah, that's going to be at 2. Commissioner Spence -Jones: The Magic City? Chair Suarez: Yeah. That's at -- it's a time certain at 2 p.m. Commissioner Spence -Jones: On Magic City? Chair Suarez: Yeah. Commissioner Spence -Jones: Okay. Chair Suarez: Okay. Commissioner Spence -Jones: As my pocket item? Chair Suarez: Yeah. Commissioner Spence -Jones: Okay. Chair Suarez: And then there's one at 3, and then there's a couple things that we've tabled till the afternoon. City ofMiami Page 158 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioner Spence -Jones: Okay. Chair Suarez: Okay. So what we're going to do with the BCs -- Mr. Hannon, what's up? [Later..] Chair Suarez: Commissioner, do you want to wait for everybody to get here to do your discussion item? Commissioner Spence -Jones: I mean, my -- yeah. I mean, we could -- whatever you want. It's not -- Chair Suarez: No. It's up to you. It's a discussion item. It's a pocket item. We don't need a quorum for a discussion item, but it's up to you. Commissioner Spence -Jones: Yeah. I just wanted to actually read something in the record, and the concern I had was based upon -- Chair Suarez: Guys, the Commissioner's speaking. Commissioner Spence -Jones: I'm just trying to find it. I just -- really, the conversation is really not about Magic City, per se. Magic City just happens to tie into it as I thinkl might have mentioned earlier. It's more about all of the gaming facilities. I think Jai -Alai is one andl think Magic City -- we have three of them, right, Madam City Attorney? Okay, two. And l just want to make sure that whatever we talk about on the dais, that it's actually being communicated in the record. And remember when I mentioned how Commissioner Gonzalez was very adamant about the monies that actually came from both those gambling facilities, that the monies would be targeted for key things, andl asked the City Administration almost a month ago to provide me with a breakdown of what that dollar amount is not necessarily from the gambling side of it, but what we're doing with the money. So -- Chair Suarez: Right. Commissioner Spence -Jones: -- that was really, more or less, the question. Chair Suarez: Okay. Commissioner Spence -Jones: And see --I'm assuming see people that represent the gambling institutions here. It wasn't really about them. It was really about what are we doing with the money that we're collecting. That's one. But in that conversation we did also discuss us reevaluating the percentage that we actually collect from it, so I asked for the Administration to also provide me with some sort of analysis, either statewide, countywide, or whatever, on what that percentage is. I don't know if the Administration actually has those numbers. Is that what you guys working on? Okay, good. And what those percentages are. So let me go to the record. Can I start with the record first? Chair Suarez: Yeah. I just -- whatever -- you're going to read some numbers into the record? I would have liked to have gotten a copy of it before. Surprise. Stephen Petty: I'm Steve Petty, director of Finance -- Chair Suarez: Yeah. City of Miami Page 159 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Mr. Petty: -- for the City ofMiami. For Magic City Casino, we started doing business with them in October of 2009. And from October through the following September, we recouped $599,000. The following full year of -- actually, that was '10. For full year '11, we recouped $994, 000, and year-to-date, we've recouped 581, 000. Commissioner Spence -Jones: Okay. So my question becomes -- so let me just deal with -- okay, that monies that was collected, that money went to what? Let's start with that first. Chair Suarez: General fund. Mr. Petty: General fund. Commissioner Spence -Jones: Okay. So let me just read into the record. This is the concern I have. For whatever reason, whatever we talk about here does not get in the resolution, in the agreement. So Commissioner Gonzalez back then, andl responded as well, basically stated on the record that every year we get different community agencies coming before this City Commission asking for money for children, youth, for senior meals, and that's one area that I'm looking at. He then went on to say, or at least put in the record, is thatl hope that it's clear -- before it comes back to a vote, it is that under this agreement, I understand that this is included. So we know for a fact that that's not the case 'cause -- Chair Suarez: Right. Commissioner Spence -Jones: -- that's not happening. This money was supposed to be actually allocated for that. We then went on to say -- and l just want to make sure we're clear on it. He said that I also want to make sure that the police and fire is covered under that same agreement. And that was because part of the discussion was centered around -- we were talking about the idea of crime might go up in the area because of the gambling issues and we want to make sure that those monies is allocated to address those issues. So I guess my question would be from the Administration. I'm assuming you were just putting it all into one big lump sum, which is the general fund, but clearly, there should have been something in the legislation that carved out those dollars for senior services, which is what was put in the record -- This is way before you, way before you -- and police and fire services. So that was the -- that was the crux of my discussion and why I thought that that was important. Chair Suarez: And l just want to say one thing because, obviously, you know, everybody up here knows that this is the largest employer in my district. Commissioner Spence -Jones: Yeah. Chair Suarez: We take a lot of pride in the fact that, you know, they're such a good community participant, that they voluntarily entered into this agreement. Andl have to tell you that this year the City billed them for whatever the percentage was and they came to me and said, Commissioner, with all due respect, the City under billed us -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- and this was the actual amount, and they actually came and brought a check for an amount larger than what the City had billed them for. Commissioner Spence -Jones: Yeah. Chair Suarez: So, you know, I mean, I think they're a very good neighbor and they're someone who, you know, obviously I take a lot of pride in because it's one of the oldest businesses in the City ofMiami Page 160 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 City ofMiami -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- family -owned business, so I -- look, I don't have any problem with what we do on this side of the ledger in terms of when we get the money. I can understand why the Administration wants to keep it in the general fund because that gives us the maximum amount of flexibility, but I can also understand your concern in terms of -- Commissioner Spence -Jones: Yeah. I mean -- Chair Suarez: -- what you talked about. Commissioner Spence -Jones: -- I just think that as a legislative body, when we vote and approve something -- and he made it very clear in this discussion, that only way that I would support this from the Administration side is if the monies are allocated for these key things. So we just need to make sure -- and I'm just saying to the Administration that prepares the documents in the end, we have to make sure that we re -- and this has happened a lot of times. So I just want to make sure that that is being translated into the legislation, even though if it's going in the general fund; that's not an issue. But let's make sure that we're not trying to figure out how we're going to pay for senior meals if we've already agreed that this would be one avenue. That -- and that was my point on that. The second part of this was, I asked for the Administration to give -- to do some sort of evaluation. I think you guys said in the last meeting it was 1 percent, 2 percent. I don't remember exactly what the percentage was. Chair Suarez: It's 3 percent. Commissioner Spence -Jones: What is it, 3? Chair Suarez: I think 3 gross, or one and a half to the County. One and a half to the City. Commissioner Spence -Jones: Okay. So how much it was? Chair Suarez: One and a half to the County. One and a half to the City. Commissioner Spence -Jones: The City. Chair Suarez: The same amount, yeah. Commissioner Spence -Jones: So I think that I asked the Administration in our last meeting to do some sort of analysis compared to other facilities in either state of Florida, south -- whatever way you want to, you know, do it. I asked in that particular -- the last meetingl had to at least give us analysis to make sure that whatever we are charging or that particular fee is, if it's in par with everything else that's going on. I asked for an analysis on that in our last City Commission meeting when this came up. I know we don't have it, so I'm going to ask for you guys to come back and bring that so that at least we have the information and can make an intelligent decision about what we do. Thank you, Ron, for giving us more money. We do need more and more and more and more. But I was briefed originally. I mean, it was communicated to me that you guys actually did bring more money back to the City and the number itself you know, I guess you guys were being generous to say that it seemed a little low. I just want to have them just do an analysis to see whether or not that's a number that we can -- 'cause, quite frankly, we need the money. Chair Suarez: And ifI may, Commissioner, what I would want Mr. Book to put on the record is City ofMiami Page 161 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 how we got here, a little bit of the history of it. Commissioner Spence -Jones: Yeah. Chair Suarez: Because my understanding of it is these are voluntary payments. This is a voluntary agreement that this establishment entered into with the City ofMiami. I'm not sure that that happens anywhere else in the state. I don't know. I may be wrong, but Mr. Book, can you --? Ronald Book: If I could -- Chair Suarez: Yes. Mr. Book: -- Mr. Chairman, members of the Commission, Mr. Manager, Madam City Attorney. For the record, Ron Book, 18851 Northeast 29th Avenue, Suite 1010, Aventura. I'm joined today by Barbara Havenick andlzzy Havenick, the owners ofMagic City, and Manny Priegues, who also represents the track. I'm here today not only in my capacity as a representative ofMagic City, but am authorized to represent the Jai Alai interests as well in this discussion. Let me say a couple of things. First of all, these are voluntary payments. We came here to the City and negotiated agreement. I will remind through you, Mr. Chairman, to Commissioner Spence -Jones, andl remember that discussion very well, and you may or may not remember and it may or may not be in the minutes, but we were at the podium saying we didn't care how you spent the money. It was not up to us to divvy up how you spent the money. That was up to you. I remember the discussion as you read it from the minutes, so that is an accurate description. But I want to say a couple of things. Number one, it's 1 %2 percent and it's 2%2 percent above $250 million. We want to continue to give the City ofMiami a voluntary contribution as obligated. I want you to be aware that there are several provisions of the agreement thatl want to call to the City's attention because I think it's a big deal andl want -- and I asked the City Attorney, who I know who's aware of the provision, but I ask you to look at Section 33 of the agreement because Section 33 was very delicately negotiated because we were looking forward into the future. I want you to understand that not only do we and the Jai -Alai folks make a voluntary contribution to the City and the County, but there's a new facility coming online that is a direct competitor of ours in the City of Hialeah and they're going to make no payment to the County, they're going to make no payment to the City, and that immediately puts them at a competitive advantage. There's nothing we can do about that. But there is a provision that says if the City takes an affirmative action by way of ordinance -- you haven't done that -- by resolution -- you haven't done that -- or otherwise, that impacts reasonably, foreseeably [sic] on our ability to do what we do, which is to run our business profitably, then we reserve the right to put you on written notice of default and negotiate backwards. In good faith, we're required to come to the table and negotiate backwards. Out of respect for the City, we have not put you on written notice to date that there is in fact a default. The truth of the matter is, that baseball stadium and that parking garage are prominently advertising a competitor's product in a different nation and directly competes with our ability to compete and provide additional resources to the City. I respectfully ask the City to address that issue with the Marlins because it is in direct contradiction of this agreement and this agreement came first. And so allowing the Marlins to market a product that otherwise encroaches upon our ability -- the Miccosukee Tribe wants to buy a sponsorship at the stadium, they can do that. But when they take to marketing right down the street from our facility and from the Jai Alai's facility, you're competing with our ability to provide a return to the City and that is in violation of that provision. It is in direct violation. It is not a resolution necessarily, although a resolution took place that allowed for the parking garage to be funded that has their advertising and their promotion and the stadium is certainly on your land. That competes with us. That's what that provision was intended to protect against while all other provisions run in your favor. We gave way to, originally, Joe Arriola, the City Manager, and then Pete City ofMiami Page 162 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Hernandez, who executed this agreement. But that competes with what we do. And we've avoided -- we've had some of this conversation, Commissioner, with the Chair over the last several weeks because when we realized when that signage went up that they were competing with us, we raised great concerns. May there be other issues. There are. But we love the City. We are the largest employer of off -duty police officers that the City has. We pay them extra. We don't take one nickel, one dime from the City. We contribute back 2.1, 2.2 million. Chair Suarez: In addition -- Mr. Book: That number will go up. Chair Suarez: -- to paying taxes as well 'cause you pay property taxes. Mr. Book: And we pay ad valorem on an increased ad valorem assessment that we did not appeal during a bad economy that every other institution in this community and in our County chose to appeal. I would say to you that the number will go up because the $599, 000 payment that we brought you a larger payment of because of a miscalculation, we had some offsets in there as well for some of the things that -- fees and other things that we paid upfront, but the number's going to continue to go up. But I remind you, Mr. Chairman, members of the Commission, we don't care what you do with the money. It was never -- and again, Commissioner Spence -Jones, Mr. Chairman, I remember that discussion. I remember it because I was the one negotiating on behalf of the family, and we negotiated on behalf of the Jai Alai Fronton because the Fronton at that time said, we will sign whatever you bring. Andl will remind the Administration and Commissioner Spence -Jones how I didn't want to sign an agreement. We helped encourage that signing of that agreement so there was a level playing field. I'm not quite sure why the City of Hialeah doesn't feel they're entitled to a piece, but they're not negotiating -- Commissioner Gort: Hey, hey, no. Mr. Book: -- a deal which puts us at a disadvantage. Commissioner Gort: Don't bring anybody else. Mr. Book: Pardon? Commissioner Gort: Don't bring anybody else. Come on. Mr. Book: Bring them all here. Commissioner Gort: They're not in Hialeah, though. Mr. Book: Bring them all here. Bring them -- Commissioner Gort: They're in the City ofMiami. Mr. Book: -- all to our facilities. Mr. Chairman, again through you to Commissioner Spence -Jones, it would be impossible for us to agree to open this agreement for any increase payments. We wouldn't do it. If we're going to open the agreement without any disrespect to the issue being brought up, we'll be negotiating backwards based on, number one, the Marlins facility competing directly with us with the Miccosukees, A, and B, based on the fact that some circumstances have in fact changed. Chair Suarez: Thank you. City ofMiami Page 163 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Mr. Book: We're here to answer questions. We're here in the spirit of a partnership with the City -- Commissioner Spence -Jones: Yeah. Mr. Book: -- and that's why we're here -- Commissioner Spence -Jones: And Ron, I -- Mr. Book: -- And that's why the owners are here. Commissioner Spence -Jones: Yeah. But, Ron, I want to make sure you know that this was not about, you know, attacking in any way what you guys do. The conversation was centered around the City Administration trying to figure out other ways for us to generate more revenue; and key projects and programs or senior -based programs that are struggling, this issue came out of that. Mr. Book: I got you. Commissioner Spence -Jones: Okay, so -- you know, while, yes, you're absolutely right, you probably don't really care where the money goes, I think that the Commissioners on the -- sitting on the dais at the time did. So my point that I was trying to make was, you know, whatever we vote on up here and despite what you -- what anybody presents, if we vote and agree on something that we want to see involved in the language of the -- in the legislation itself and the agreements itself to make sure the money's carved out, we want to make sure that that actually happens, and that was the point. The point was here we are struggling trying to find money to pay for certain things and it's already there or it's being utilized for something else, so that was the point. Whether or not you feel -- you cared or not, it doesn't matter. But my point was we do -- we did at the time on the dais. Mr. Book: You did. Commissioner Spence -Jones: The second part of it is I'm not really sure about the signage and, you know, Miccosukee being on the Marlins stadium. I'm assuming they're a sponsor; that's the reason why it's there, and that's probably a question that maybe perhaps the City Attorney can answer too, butt mean, the whole purpose of the discussion was for us to look at, and think the City should be smart to look at and compare other cities, other areas that are -- that have these similar agreements to see if there's any way that there is additional revenue that can be generated. I'm glad that you came in the spirit of partnership. I remember when you came and presented the item. I think everybody was in support of it. But the City is going through financial issues and we -- we're looking at all of our assets, all of our partnerships, all of our agreements. We need to do that in order to make sure keep the City afloat, andl hope that you -- you know, whatever we come back with, it is -- the same spirit is there, that we can continue to work together and not have this as a issue. I support my Chairman. I know that this is important to him and his district. I know Commissioner Gort also has one in his district. I'm just simply saying the Administration, we need to just look at it to see if there are any possibilities. And that's it. Now, if we come back and say, yes, there are -- no, there are no possibilities, then fine. But, you know, at the end of the day, Ron, I mean, you gave what -- you guys gave what, nine -- would you say 900 something thousand? Mr. Book: You have received almost -- just over 2.1 -- Commissioner Spence -Jones: All together. City of Miami Page 164 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Mr. Book: -- almost 2.2 -- Chair Suarez: Right. Mr. Book: No. -- from us that's not include the Jai-Alai's portion of what you've gotten, but will also say to you, through the Chair, Commissioner Spence -Jones, since I was integrally for all of the entities involved -- Commissioner Spence -Jones: Yes. Mr. Book: -- there are two City agreements. There's one in the City ofMiami and there's one in the City ofMiami Gardens. Commissioner Spence -Jones: Okay. Mr. Book: The percentages are identical. Commissioner Spence -Jones: Okay. Mr. Book: The agreement in the County is identical to yours as far as the percentages go. I would also just add one thing on the employment issue. There's a provision in here that required us to give City ofMiami residents priority access to the employment. You should know that 70 plus percent -- and we'll be glad to provide the ZIP (Zone Improvement Plan) Codes -- are residents of City ofMiami and approximately 85 percent are minorities out of the -- you know, so at the end of the day, that's in the total employment, and we're employing almost 600 individuals. Commissioner Spence -Jones: All right. And then just so that I know from the City Administration side, do we -- how do we monitor -- what is the process in monitoring these agreements? Do we actually have --? Who monitors this agreement? Like who goes out -- like he just gave you in a percentage and said 70 percent of the residents actually live in the City of Miami, are minorities from the City ofMiami. What monitoring we put in place to make sure these things are being met? Mr. Petty: At this point we don't have anyone doing an audit. Commissioner Spence -Jones: Okay. So, again, not taking anything away from you, Mr. Book, you know, andl believe everything that you say is happening in the agreement, but we have a responsibility to make sure on our side, if not on your side, that those things are actually being -- actually happening. Chair Suarez: Let me jump in here for a couple of things. Commissioner Spence -Jones: Sure. Chair Suarez: First of all, I just wanted to correct one thing that was said. The Miccosukee sign, from my understanding, is only on the -- Commissioner Spence -Jones: It's not on the parking lot. Chair Suarez: -- actual stadium. It's not on the parking lot. But we -- I'm fully in support on that issue. In other words, I fully support you in your efforts and I will do whatever I can to help you in your efforts to have the agreements that you put in place be upheld. City ofMiami Page 165 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Commissioner Spence -Jones: Yeah. Chair Suarez: I mean, I think that's the fair and the right thing to do. If in fact, the fact that we own the land gives us any right whatsoever, I would ask -- I would instruct the City Attorney andl would ask -- Mr. Book: She's shaking her head one way and I'm shaking it the other. Julie O. Bru (City Attorney): We have a reversionary interest in the land in the event that the stadium is -- Chair Suarez: So we've given -- Ms. Bru: -- demolished. Chair Suarez: -- we deeded the land to them -- Ms. Bru: We deeded the land to them. Chair Suarez: -- essentially with a reversion? Ms. Bru: Yes, yes. Chair Suarez: Okay. Commissioner Spence -Jones: So you got a problem with the County, not us. Chair Suarez: Right. And by the way, I -- listen, if my colleagues will join me, I will pass a resolution here at the City Commission supporting your efforts to get it on there, if that's what you guys want. Listen, I would put up the numbers that Mr. Book gave up against any employer in Dade County, in the City ofMiami, and we haven't given these people one cent. We have not subsidized their operations. We haven't subsidized their business. In the case of the Marlins, we gave them, I don't know, $92 million in terms of the garages, plus the land, you know, andl guarantee you that they don't have 75 percent of their employees working in the City ofMiami andl guarantee you, they don't have 85 percent of them being minorities. So, you know, that's -- and we didn't subsidize anything that they've done. We didn't subsidize their expansion. We didn't subsidize anything. You know, in the case of the Marlins, we built a whole stadium for them, andl don't have anything against the Marlins. I wasn't here for the Marlins vote. I didn't vote on the Marlins stadium. I have nothing -- this is not about that. For me it's simply about, you know, being fair, you know, and helping people who are good corporate citizens, good community citizens. Mr. Book: IfI could, Mr. Chair, through you, and further, just a couple of quick items. Section 38, Commissioner Spence -Jones, is the section that deals -- Commissioner Spence -Jones: Am I the star today? Mr. Book: You are the star today. Commissioner Spence -Jones: I just had one little question and it's like -- Mr. Book: It is the item that deals with first source hiring, local and minority preferences. You might want to, when you get a chance, take a look at it. We more than exceed the 25 percent, City ofMiami Page 166 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 and we're prepared to provide that data to the City and we will do so, number one. Number two, there are audit provisions on our dollars and cents, and) believe that information is provided to your staff on a regular basis. Through you, Mr. Chairman, to the City Attorney, I would simply say to you that while there may be issues related to your having deeded the land to the County, which I believe doesn't necessarily get rid of all of your issues with the County in that regard and the Marlins, I would suggest that someone might want to check the sign code and determine whether or not that sign is in fact -- Chair Suarez: It's legal. Mr. Book: -- compliant with City code. If you allow that sign to go up and that sign is in direct competition to the product under this agreement that provides a return to the City, I believe that's a problem and) believe that that again creates a default situation. My goal is not to become adversarial, Mr. Chairman, members of the Commission, Madam City Attorney, and Mr. Manager, with the City. That is not our goal at all. But I cannot sit here and allow my clients' interests, which they have expended millions and millions to invest in in this City, employs lots and lots of citizens in the City, to have the Marlins sit there and market a competitive product that affects the dollars and cents returned that provides for senior programs, park programs, and the like. I don't believe they're giving you any such money or interest in return. Chair Suarez: No, they're not. Mr. Book: Thank you. Chair Suarez: I'm pretty sure about that. Thank you, Mr. Book. Yeah. I mean, I think we've beat this horse to death -- Commissioner Spence -Jones: The horse is dead. Chair Suarez: -- pretty much, but I just want to say that, you know, I support your efforts to, you know, get that sign taken off. We've met about it privately. We've spoken to the City Attorney. And to the extent that any of the issues that have been raised here deserve a more in-depth legal analysis, again I'm willing to pass a -- you know, as long as my colleagues are willing to support me, I'm willing to pass a resolution requesting the County to do something about it. It's something) feel very passionately about, and) know that every Commissioner here has businesses in their district that they feel are worthy of us doing everything that we can to protect them and for them to be vibrant and be successful. So thank you. Thank you for coming. Commissioner Spence -Jones: And l just want to make sure from the Administration side that) do still want the reports. I would like to have that information and) would like to also have the mon -- whatever monitoring that we have had on their particular agreements, I would like to have that. Thank you. Chair Suarez: Okay, thank you. Go ahead, Commissioner Gort. Commissioner Gort: Let me ask you a question, I also would like to get a report on any police actions that have taken place because a lot of people are knocking these places that they're going to be bring criminal and crime's going to go up around these places that -- I believe that's not been experience in here, so I'd like to have those reports also. Chair Suarez: Thank you. Commissioner Gort: Okay. City of Miami Page 167 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 NA.3 12-00585 DISCUSSION ITEM DISCUSSION BY COMMISSIONER CAROLLO REGARDING THE USE OF ELECTRONIC SIGNATURES ON OFFICIAL CITY DOCUMENTS. DISCUSSED Commissioner Carollo: If you want, I also have a pocket item. Chair Suarez: Okay. Commissioner Carollo: Andl usually don't have pocket items. I really abide by the five-day rule, but I do have a pocket item that's something that came up and -- Chair Suarez: Let -- why don't we do this? Just in fairness, why don't we take all the pocket items at 2 just to be fair? 'Cause I don't want to take up your pocket item and didn't take up her pocket item. Commissioner Spence -Jones: What -- can I hear what his issue is, though? Chair Suarez: Sure. Commissioner Carollo: Electronic signatures. Commissioner Spence -Jones: Huh? Commissioner Carollo: Electronic signatures. Commissioner Spence -Jones: Adding what? Chair Suarez: Electronic signatures. Commissioner Gort: Electronic signatures. Commissioner Spence -Jones: Oh, okay. Chair Suarez: Seems pretty benign, but -- Commissioner Spence -Jones: Electronic signatures. Chair Suarez: If you don't mind, if we could do it at 2? Commissioner Carollo: Sure. Chair Suarez: Okay, let's do it at 2. Thank you, guys. Appreciate it. All right, let's do the BCs. Commissioner Carollo: Can you give the Clerk, you know, a couple minutes to look something up? Chair Suarez: Yes. Commissioner Carollo: Can we do a five-minute recess? City of Miami Page 168 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Chair Suarez: Yeah. Let's recess till 10: 45 sharp and we'll do the BCs and then we'll break for lunch and we'll have only four or five items in the afternoon. It will be a quick, painless, non -confrontational afternoon, I'm sure. [Later...] Chair Suarez: Oh, we got a quorum. So let's do this, before Commissioner Spence -Jones gets out here -- I know that Commissioner Carollo had a pocket item on electronic signatures, if we can take that up quickly, that'd be good. Commissioner Carollo: Thank you. Real quick with my pocket item. Like I said, I usually don't have pocket items. This is a rarity. But something occurred that I want to make sure that I put for the public. As many of you know, I'm a former fraud investigator. I used to investigate identity theft before most people knew about identity theft. I have also been a victim of identity theft, ironically enough, and something occurred -- I think it was yesterday -- that my name was electronically printed on some documents, so I want to put for the record that I have not given permission to anybody to use my signature or use it electronically. I'm not even sure how they obtained it. I'm sure from some other documents that have signed, butt have not given permission. I have not allowed my signature to be reproduced, put in any documents. Andl think, you know, it's a practice that if the City does it, it should stop. And at least with this Commissioner, I want to make sure that it's clear for the record. No one from the Administration has my permission to use my signature electronically. I don't even know how they obtained it. Thank you. Chair Suarez: Mr. Manager, do you want to respond to that? Johnny Martinez (City Manager): No, no. I -- this is first news to me. Chair Suarez: You have no knowledge of an electronic signature of any one of us being used on a document? Mr. Martinez: Zero knowledge. I'll ask Dr. Tinnie -- Chair Suarez: Okay. Commissioner Carollo: We'll speak about it. Mr. Martinez: -- how that type of thing might happen. Chair Suarez: Okay. Commissioner Carollo: We'll discuss it. Chair Suarez: Okay. Commissioner Gort: Which document was it? Chair Suarez: I don't know. Ask the Commissioner. Commissioner Gort: Which document? Commissioner Carollo: There was various commendations thatl requested and they came back with my signature electronically written. I don't know where my signature was actually obtained from and, second of all, it was definitely not, you know, given any permission from me City of Miami Page 169 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 NA.4 12-00580 or anyone from my staff. Commissioner Gort: My question is, is this a document from the City ofMiami? Commissioner Carollo: Yes, official document of the City ofMiami -- Chair Suarez: Yes, like a proclamation -- Commissioner Carollo: -- with the seal on it. Chair Suarez: -- or a commendation. Commissioner Gort: Does it come from a department or the City ofMiami? Chair Suarez: From a department or the City? Commissioner Carollo: From the department of the City. Chair Suarez: Yeah, protocol. Commissioner Gort: That department, somebody has to take responsibility for that document. Commissioner Carollo: Well, I'm bringing it up now andl will discuss it with the Manager. But at the very least, I want it to be known for the record that permission has not been given so, in other words, it stops from now on and it doesn't continue. Chair Suarez: Great. Okay. So thank you, Commissioner. Now we're going to go to the -- thank you for your patience by the way for waiting. DISCUSSION ITEM CHAIR SUAREZ RECOGNIZED MICHELLE PINA, COMMISSIONER OF THE TOWN OF SURFSIDE AND FORMER DIRECTOR OF HUMAN RESOURCES AT THE CITY OF MIAMI, IN COMMISSION CHAMBERS. DISCUSSED Commissioner Gort: Before we vote, if you don't mind, a privilege. I would like to recognize the former director of Human Resources, Michelle Pena, who now is a councilwoman for Surfside. She was just re-elected. Chair Suarez: Where is she? Take a bow. Commissioner Gort: Congratulations. Come on. Chair Suarez: Oh, there we go. Michelle Pena: Thank you. Commissioner Gort: See, we train them well. Ms. Pena: Thank you. This is always home. Chair Suarez: Thank you. City ofMiami Page 170 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 Ms. Pena: Thank you. Chair Suarez: Thank you. Commissioner Gort: Congratulations. Commissioner Spence -Jones: Congratulations. Chair Suarez: Congrats. Ms. Pena: Thank you. Applause. NA.5 DISCUSSION ITEM 12-00578 NA.6 12-00577 NA.7 12-00575 CHAIR SUAREZ RECOGNIZED COUNTY COMMISSIONER AUDREY EDMONSON IN THE COMMISSION CHAMBERS. DISCUSSED Chair Suarez: Let me just -- my bad. Let me begin by introducing the illustrious Commissioner Edmonson, Audrey Edmonson, here from Dade County. Applause. DISCUSSION ITEM CHAIR SUAREZ RECOGNIZED MIAMI-DADE COUNTY COMMISSION CHAIR, JOE A. MARTINEZ, IN COMMISSION CHAMBERS. DISCUSSED Chair Suarez: Ms. -- Commissioner, ifI may, just one -- Commissioner Spence -Jones: Sure. Chair Suarez: -- real quick point of privilege. I'd like to recognize the chairman of the County Commission, Joe Martinez, who's here with us today as well. Applause. Chair Suarez: Thank you. Thank you, Commissioner. DISCUSSION ITEM CHAIR SUAREZ RECOGNIZED MIAMI-DADE COUNTY SCHOOL BOARD MEMBER, DR. DOROTHY BENDROSS-MINDINGALL, IN COMMISSION CHAMBERS. DISCUSSED Chair Suarez: Commissioner. Commissioner Spence -Jones: Part of what we discussed -- I'm sorry. You want to say City of Miami Page 171 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 something? Chair Suarez: I just wanted to introduce someone else who's here. Commissioner Spence -Jones: Dorothy Men -- Chair Suarez: School Board member, Dorothy Bendross-Mindingall is here as well. Applause. Chair Suarez: Sony. Thank you. Welcome. NA.8 DISCUSSION ITEM 12-00573 CHAIR SUAREZ RECOGNIZED STATE REPRESENTATIVE DWIGHT BULLARD IN THE COMMISSION CHAMBERS. DISCUSSED Chair Suarez: Commissioner, ifI may? Commissioner Spence -Jones: Sure. Chair Suarez: Just one more person who arrived, a dear friend state representative and also a fellow, good government initiative class member, Dwight Bullard, who's in the back. Applause. Commissioner Spence -Jones: Thank you. Chair Suarez: Thank you, Dwight. Thank you for being here. Thank you. NA.9 DISCUSSION ITEM 12-00570 NA.10 12-00568 CHAIR SUAREZ RECOGNIZED REVEREND GASTON SMITH OF FRIENDSHIP MISSIONARY BAPTIST CHURCH IN LIBERTY CITY, AND NATHANIEL WILCOX, EXECUTIVE DIRECTOR OF PULSE (PEOPLE UNITED TO LEAD THE STRUGGLE FOR EQUALITY), IN THE COMMISSION CHAMBERS. DISCUSSED Chair Suarez: And I'd just like to recognize a couple of other people who are in the audience here. Pastor Gaston Smith and also a pastor, but the executive director of PULSE (People United to Lead the Struggle for Equality), Nathaniel Wilcox. Thank you for being here. DISCUSSION ITEM CHAIR SUAREZ RECOGNIZED THE HONORABLE JOE CAROLLO, FORMER MAYOR OF THE CITY OF MIAMI, IN COMMISSION CHAMBERS. DISCUSSED Chair Suarez: Before continuing, I'd like to recognize former Mayor Joe Carollo, who's in the City of Miami Page 172 Printed on 6/7/2012 City Commission Meeting Minutes May 10, 2012 back. He's here joining us today, so thank you. Applause. Chair Suarez: Thank you for being here. NA.11 DISCUSSION ITEM 12-00566 CHAIR SUAREZ RECOGNIZED FORMER COUNTY COMMISSIONER BARBARA CAREY-SHULER IN COMMISSION CHAMBERS. DISCUSSED Chair Suarez: And l just want to add -- I think former Commissioner Barbara Carey-Shuler's in the audience as well with us, if she's here. Good to see you. Thank you for coming. Thank you for being here. The meeting adjourned at 6: 46p.m. City of Miami Page 173 Printed on 6/7/2012