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HomeMy WebLinkAboutCC 2012-05-24 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Di • -sash. I° r • IN O9P I9 1i: Meeting Minutes Thursday, May 24, 2012 9:00 AM PLANNING & ZONING 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 24, 2012 CONTENTS Present: Commissioner Gort, Vice Chair Sarnoff, Commissioner Carollo, Chair Suarez and Commissioner Spence -Jones PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM -APPROVING MINUTES PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES BI - BUDGET DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE On the 24th 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 11:54 p.m., reconvened at 2: 00 p.m., recessed at 4:24 p.m, reconvened at 4:40 p.m., and adjourned at 6: 26 p.m. Note for the Record: Commissioner Carollo entered the Commission chambers at 9: 02 a.m., Commissioner Spence -Jones entered the Commission chambers at 9: 03 a.m, and Vice Chair Sarnoff entered the Commission chambers at 9: 43 a.m. City ofMiami Page 2 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Priscilla A. Thompson, CMC, City Clerk Chair Suarez: Due to the weather, we are probably going to get started a little bit later than usual, but we have at least one more Commissioner here andl should -- we should be expecting the rest to come shortly. Welcome to the May 24, 2012 meeting of the City ofMiami Commission in these historic chambers. The members of the City Commission are Marc David Sarnoff, 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. The meeting will begin with a prayer by myself and the pledge of allegiance by Commissioner Gort. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 12-00546 PRESENTATION Honoree Presenter Protocol Item S. Pete Chircut Mayor Regalado Certificate of Appreciation Placido "Paul' Debesa Commissioner Gort Birthday Proclamation Xavier Cortada Commissioner Gort Salute Lt. Joel Gonzalez & Commissioner Carollo Commendation & Miami Police Dept. Certificates Haitian Heritage Month Commissioner Spence -Jones Salutes Ti Chapo NE 2 Avenue Partnership City of Miami Employees Believe Campaign Peer Nominees 12-00546 Protocol Item.pdf PRESENTED Commissioner Spence -Jones Certificates 1) Chair Suarez presented a Certificate of Appreciation on behalf of Mayor Regalado, to S. Pete Chircut, City ofMiami Treasurer, for his 32 years of service and dedication as a career professional in our municipal government; further applauding his use of critical skills and knowledge in service of the people ofMiami and a tenure during which he could be counted on by his colleagues, constituents and elected officials as a catalyst for dependable and selfless work performance. 2) Commissioner Carollo presented Commendations to various members of the City ofMiami Police Department, with great respect and admiration, in appreciation of their exceptional City ofMiami Page 3 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 professionalism and leadership in the execution of their duties; further recognizing their dedication to the citizens ofMiami as evidenced by their thoroughness in the investigation and response to an incident of an oncology nurse who was held at gunpoint in the parking lot of La Liga Contra el Concer/the League Against Cancer headquarters. 3) In recognition of Haitian Heritage month, Commissioner Spence -Jones saluted Ti Chapo, a Haitian masquerade band and NE 2 Avenue Partnership, a Haitian based non-profit organization, for their cultural and historic contribution to the Haitian -American community of Miami and their wonderful commitment to elevating the quality of life of the residents of South Florida. 4) Commissioner Carollo presented Commendations to Lieutenant Joel Gonzalez and all the officers that worked to ensure that the traffic plan developed for the opening night game at the Marlin's Stadium, which was nationally televised and attended by thousands, was implemented and executed smoothly; further acknowledging the success of the plan by minimizing the effects on the residents of Little Havana. 5) Chair Suarez paid tribute to Placido Debesa V llareno on his 90th birthday and honored his outstanding contributions to communities in both New York andMiami; further honoring his commitment as an excellent photographer who has documented historical events in the City of Miami and as a concerned citizen who served on two important Miami advisory boards. 6) Commissioner Spence -Jones honored various City employees who were chosen by peers in their respective departments, as dedicated employees whose efforts embody the spirit of the City ofMiami's Believe Campaign by inspiring and empowering others to transform their communities. Chair Suarez: Again, I -- oh, there we go. We have a quorum now. So let's continue with our presentations and proclamations. Presentations made. 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: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff Chair Suarez: We will now proceed with the approval of the minutes from the regular meeting of December 15, 2011 [sic] and the Planning and Zoning meeting of December 15, 2011 [sic]. Is there a motion to approve those two minutes? Commissioner Spence -Jones: So move. 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: That's a unanimous vote. END OF APPROVING MINUTES City ofMiami Page 4 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 MAYORAL VETOES NO MAYORAL VETOES Chair Suarez: Before we move on to the presentations and proclamations, I'm going to ask the Clerk are there any mayoral vetoes to report at this time? I know it's a little out of order but -- Priscilla A. Thompson (City Clerk): No. There are no mayoral vetoes. Chair Suarez: Thank you. ORDER OF THE DAY Chair Suarez: Madam Attorney, can you please read your statement into the record so we can get that out of the way as well. Julie O. Bru (City Attorney): Good morning, Mr. Chair and members -- Chair Suarez: Morning. Ms. Bru: -- of the public, Mr. Manager, Madam City Clerk. Any person who's a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the code section about lobbyists is available at the City Clerk's office. The material for each item on the agenda is available during business hours at the Clerk's office and online at ww.miamigov.com [sic]. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. No cell phones or other noise -making devices. Please silence them now. Any person making offensive remarks or who becomes unruly in the chambers will be barred from further attending Commission meetings. Anyone with a disability that requires auxiliary aids, please contact the City Clerk now. And Mr. Chair, the lunch recess would begin at the conclusion of deliberation of the agenda item being considered at noon, unless you indicate otherwise. Chair Suarez: Thank you, Madam Attorney. [Later...] Chair Suarez: We will now proceed with the order of the day. First, does any Commissioner wish to continue, defer, or withdraw any items from the regular agenda or the consent agenda? There is no consent agenda, so from the regular agenda. Does the Administration wish to continue, defer, or withdraw any items from the regular or consent agenda? Johnny Martinez (City Manager): Yes -- oh, no. No consent agenda. Chair Suarez: No, no, from the regular or -- there is no consent, so -- Mr. Martinez: Right. Chair Suarez: -- from the regular agenda. Mr. Martinez: Yes, Mr. Chair. PH.1, defer to the June 14 meeting; RE.11, withdraw; RE.15, defer to June 28; and RE.16, defer to June 28. Chair Suarez: Anything further? No? Okay. Is there a motion to --? Commissioner Carollo: Mr. Chairman. City of Miami Page 5 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Chair Suarez: Yes. Commissioner Carollo: Could those be read off again? Chair Suarez: I'll read them out. PH.1, being deferred to the next Commission meeting. RE.11, being withdrawn. RE.15, being deferred to the next Commission meeting. Mr. Martinez: No, June 28. Chair Suarez: I'm sorry, to the June 28 Commission meeting. My apologies. And RE.16, also being -- Mr. Martinez: June 28. Chair Suarez: -- deferred to the June 28 Commission meeting. Is there a motion? Vice Chair Sarnofff. So move. Commissioner Spence -Jones: Second. Chair Suarez: Moved by the Vice Chair, second by Commissioner Spence -Jones. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Chair Suarez: We will now begin the public hearing items. Vice Chair Sarnofff. Mr. Chair. Chair Suarez: Yes. Vice Chair, you're recognized. Vice Chair Sarnofff. I apologize. Chair Suarez: Okay. Vice Chair Sarnofff. But I was at the same meeting you were at this morning. Chair Suarez: Yes, sir. Vice Chair Sarnofff. There's a PZ (Planning & Zoning) item -- I know we're not supposed to announce or move PZ items as not being -- Chair Suarez: Yeah. We can't take any official action, but you can make -- Vice Chair Sarnoff But I do want everybody to know -- Chair Suarez: -- a declaration. Vice Chair Sarnoff -- on the record that we will not take up the PZ item regarding Curtis Lane. And forgive me, Mr. Manager, do you happen to know the number? Chair Suarez: PZ.1. Vice Chair Sarnoff PZ.1. So I just want to make that clear that will be asking for a continuance of -- well, the right word is a deferral, andl will bring it back to the Commission City of Miami Page 6 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 when it's ready. Chair Suarez: Yeah. You can make any announcement that you want. And if you want to repeat it any time throughout the morning, because we can't actually take any official action until 2, but Vice Chair Sarnoff I understand. Chair Suarez: -- any time -- Vice Chair Sarnoff But for those watching out there and those -- Chair Suarez: Right. Vice Chair Sarnoff -- concerned out there -- Chair Suarez: Anyone who may be considering coming. Exactly. Vice Chair Sarnoff Thank you. Chair Suarez: Thank you. [Later..] Chair Suarez: I just want to read -- the City Attorney had asked me to kind of give the Commission a sense of the order of the day in terms of time certains. There's a time certain of 10 a.m. for the heliport items, which are RE.8, 9, and 10. There's a time certain of 2 p.m. for SR.1, which is the signs on City -owned buildings. And there's a time certain of 5 p. m. for one of my discussion items on the Virginia Key Planning Oversight Board. [Later..] Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: Is it possible for me to know what are all the time certain? Chair Suarez: Yeah. I just read them, but I think you were changing a diaper. Commissioner Carollo: I was changing a diaper. Chair Suarez: It's okay. The time certains are as follows: The 10 a.m. time certain is the heliport items, which is RE.8, 9, and 10. At 2 p.m., we're going to have a time certain on SR.1, which is the signs on the City -owned buildings. And at 5 p.m., I have a time certain for one of my discussion items on the Virginia Key Planning Oversight Board. If there's any other time certains, by the way, that any of the Commissioners would like between now and the end of the day, let me know and I'll try to accommodate you. Commissioner Carollo: Yeah. The only thing is I kind of want to know what, going forward, the procedure should be for time certain so we know ahead of time and we could prepare accordingly and, you know -- Chair Suarez: What would you like -- 'cause we're the ones that'll determine the time certain, so just let us know what you would like in terms of advance notice and we'll try to meet it. City of Miami Page 7 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Commissioner Carollo: Yeah. I just would like some advanced notice, you know -- Chair Suarez: Twenty-four hours? Commissioner Carollo: Yeah -- Chair Suarez: Okay. Commissioner Carollo: -- at least, especially -- and listen, I'm not going to hold you like right to the -- Chair Suarez: No, no, no. That's fine. Commissioner Carollo: -- and all that, but I just -- Chair Suarez: I'll try to hold myself to it anyway. Commissioner Carollo: -- want to have some type of clarity -- Chair Suarez: No problem. Commissioner Carollo: -- so you know -- Chair Suarez: That's fair. Commissioner Carollo: -- the day before -- 'cause, you know, we prep for what we want to discuss or so forth, and you know, there's usually -- Chair Suarez: That's perfectly fair. Commissioner Carollo: Like I would like more time on some other issues that I would like to go over some additional information that I requested and possibly received. And ifI know that it's going to be later on in the day, I don't have to, you know, deal with it right now. Chair Suarez: And by the way, I mean, we -- obviously, we have a time certain 'cause we're trying to accommodate people. But at the end of the day, we're the ones that need to be accommodated. So if you tell me that, you know, you're not ready to go on an item, we're not going to go on the item. Andl think I've always been, you know, pretty good about delaying items that people were not ready to hear so. Commissioner Carollo: With that said, on your time certain at 10, can it be moved to like 11? Chair Suarez: Yeah, 11 's fine. Commissioner Carollo: So just an extra, you know -- Chair Suarez: I think 11 is okay. Commissioner Carollo: -- just to look at some -- Chair Suarez: Sure. Commissioner Carollo: -- additional information? City of Miami Page 8 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Chair Suarez: Sure. Okay, then we're going to go back to -- We're going to move the time certain from 10 to 11, which is fine, and we're going to start with RE.3. And we'll give you the 24 hours, by the way, on that 'cause I think that's a reasonable request to try to give everyone 24 hours to -- Commissioner Carollo: Yeah. And again, it's just, you know, we prep for different things and we're, you know, waiting for information that we requested and so forth that -- Chair Suarez: It's a fair request. It's a fair -- Commissioner Carollo: You know, andl think it's something reasonable. Chair Suarez: Yeah, it is. Commissioner Carollo: -- so we could accommodate all parties. [Later..] Chair Suarez: Okay. This is the way I'd like to finish off the morning. We have 13 minutes. So there's not much left on the agenda, believe it or not. There's two Charter amendments, which I think we should discuss in the afternoon. There's PZ (Planning and Zoning), of course. And aside from that, there's a couple of discussion items from the Commissioners. [Later..] Ms. Thompson: Chair, if -- Chair Suarez: Yes. Ms. Thompson: -- may I ask. As we're -- the time is growing late. May I please make a statement for the record and find out -- Chair Suarez: Sure. Ms. Thompson: -- if anyone here will need a Spanish -language interpreter so I can save some money in my budget and let the interpreter go if they don't? Is that okay, Chair? Chair Suarez: Yes, that is okay. Is there anyone here that needs an interpreter for the remaining items on the agenda? I don't believe that there -- anyone is raising their hand or coming to the podium so -- Ms. Thompson: Thank you. Chair Suarez: Thank you. Okay, do -- we have two Charter amendments and we have two discussion items and we have whatever's remaining on the P&Z agenda, so I suggest we try to knock out the P&Z quickly first. Is there any items, Mr. Garcia, that you think are going to take a long time? Not -- okay. Let's knock out the P&Zs first. We'll go to the discussion items and we'll wrap it up with the Charter amendment discussions. Vice Chair Sarnofff. Mr. Chair. Chair Suarez: Yes. Vice Chair Sarnofff. I think there is -- I know that with regard to -- and I'm going to ask Mr. Garcia to help me -- the Marine Max, PZ -- what was it? City of Miami Page 9 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Chair Suarez: PZ.4 -- Francisco Garcia (Director, Planning): That would be -- Chair Suarez: -- was continued. PZ.5 was continued. PZ.6 was continued. Vice Chair Sarnoff Okay. Mr. Garcia: Four and five, sir, yes. Chair Suarez: Yeah. Vice Chair Sarnoff I didn't hear the two. Chair Suarez: Okay, we're going to take a recess until 4: 40 on the dot. It's 4: 24. City of Miami Page 10 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 9:00 A.M. PH.1 12-00460 Department of Community Development PH.2 12-00467 Department of Community Development PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING MIAMI DREAM HOMES INVESTMENT GROUP, INC., AN EXTENSION OF TIME FROM JUNE 30, 2011 TO MAY 30, 2012, TO COMPLETE CONSTRUCTION AND CONVEY THE COMMUNITY DEVELOPMENT BUILDING PROJECT LOCATED AT 1525 NORTHWEST 60TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-00460 Summary Form 06/14/12.pdf 12-00460 Notice to the Public.pdf 12-00460 Pre-Legislations.pdf 12-00460 Legislation (Version 2).pdf 12-00460 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort Note for the Record: Item PH.1 was deferred to the June 14, 2012 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $80,000 FROM THE DISTRICT 2 ECONOMIC DEVELOPMENT RESERVE ACCOUNT TO DYNAMIC COMMUNITY DEVELOPMENT CORPORATION FOR TECHNICAL ASSISTANCE TO MICRO -ENTERPRISE BUSINESSES; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-00467 Summary Form.pdf 12-00467 Notice to the Public.pdf 12-00467 Pre-Legislation.pdf 12-00467 Legislation.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0202 Chair Suarez: PH.2. City of Miami Page 11 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Commissioner Carollo: PH.1. George Mensah (Director, Community Development): George Mensah, director -- Chair Suarez: PH.1. Mr. Mensah: -- of Commission Development. PH.2 is authorizing the allocation of CDBG (Community Development Block Grant) funds in the amount of $80, 000 from District 2 Economic Development Reserve Account, and allocating those funds to Dynamic Community Development Corporation for technical assistance to micro -enterprise business in District 2. Vice Chair Sarnoff I'd move the item. Chair Suarez: Moved by the Vice Chair. Commissioner Carollo: Second. Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. This is a public hearing item. Anyone from the public wishing to speak on PH.2? Mr. Muhammad, you're recognized. Grady Muhammad: Good morning, Mr. Chairman, Vice Chair, Commission and staff. Grady Muhammad, president and CEO (Chief Executive Officer) of Miami -Dade First, 5426 Northwest 7th Avenue, Miami, Florida. A long time ago, Commissioner Sarnoff, you said something real eloquent. It's political patronage. Vice Chair Sarnoff Has it been a long time? Mr. Muhammad: Just two months. Political patronage. Mr. Director, I may -- Mr. Chair, may need a colloquy (UNINTELLIGIBLE) to ask a question to the Chair -- to the director. Chair Suarez: Okay, I'll let you ask one question. Mr. Muhammad: I mean, it's two-part. Chair Suarez: Okay, a two-part question. Go ahead. Mr. Muhammad: With the economic development, do we have -- a long time ago, we used to put money in the micro -enterprise reserve. Do we have any funds in -- for small businesses for micro -enterprise? Mr. Mensah: To the best of my knowledge, the -- as you know, the funds are divided by districts. The only reserve account -- Mr. Muhammad: Andl need three minutes, Mr. Chair, as a lobbyist. Mr. Mensah: -- which we have, which there's an advertisement today for micro -enterprise funds, is in District 5 and it's $130, 000, which will be -- applications are now open today. And so if you are interested in that, you can definitely go and apply. Mr. Muhammad: The reason why I ask is because of the second part of that, that we start the fiscal year as of October -- April 1, 2012, 2013 for April -- for 2012-2013 CDBG action year. That was started April 1; am I correct? City of Miami Page 12 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Mr. Mensah: Yes, that's correct. Mr. Muhammad: That's one of the reasons we have these monies and we keep putting them in district reserves. Now the only way you can literally apply is through political patronage, straight up. There is no competitive process to be able to get these funds. Shantel Lounge, he applied last year for $40, 000. He was deemed social services. He don't have assistance with other businesses or organizations. That's a social service application. He's still waiting on the $40, 000 that he applied for, but he can't get it because all the money goes into district reserves and now we able to give the money out to whatever organization -- just like Commissioner Carollo did, whose district is the second -poorest district after District 5, to give a half a million to CIP (Capital Improvements Program). It's eligible. It's doable. But lastl remember, state road -- 8th Street, Southwest 27th Avenue are also state roads. We have to use these funds to get this money right. And more importantly, we don't see nojobs. Waiting on the jobs, we expect the jobs and that's what this money is doing and nojobs are being created, Mr. Chairman. Chair Suarez: Thank you, Mr. Muhammad. Yeah, look, we -- it's one of the big things that we've been talking about every time Igo up to D.C. (District of Columbia) in terms of our public service dollars and our ability to use it on social service issues, where we do have a substantial amount of money in our reserves. I was the one that actually moved about half a million dollars from my reserves to CIP because I discovered that you could use it for infrastructure improvements. Andl agree that it has to get on the street. Andl -- you know, obviously HUD (Department of Housing and Urban Development) is always watching. It's like the big brother that's always watching. And if you don't do things right, you better believe they're going to come down hard on you. So thank you. It's been moved and seconded. All in favor, signift by saying aye." Priscilla A. Thompson (City Clerk): Would you like -- I'm sorry. Chair Suarez: Yes. Ms. Thompson: -- to close your public hearing? Chair Suarez: Yes, I would. Ms. Thompson: Thank you. Chair Suarez: The public hearing is closed. It's been moved and seconded. All in favor, sign by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: It passes unanimously. PH.3 RESOLUTION 12-00545 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community ALLOCATION OF ADDITIONAL COMMUNITY DEVELOPMENT BLOCK Development GRANT FUNDS TO THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., IN THE AMOUNT OF $15,000 IN SOFT COSTS AND $75,000 IN HARD COSTS TO COMMUNITY DEVELOPMENT FACADE CONSTRUCTION RESERVE FROM THE DISTRICT 1 ECONOMIC DEVELOPMENT RESERVE ACCOUNT, FOR ECONOMIC DEVELOPMENT ACTIVITIES ASSOCIATED WITH TECHNICAL ASSISTANCE TO COMMERCIAL FACADE AND COMMERCIAL REHABILITATION PROJECTS City of Miami Page 13 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 IN DISTRICT 1; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-00545 Summary Form.pdf 12-00545 Pre-Legislation.pdf 12-00545 Legislation.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0203 Chair Suarez: PH.3. George Mensah (Director, Community Development): PH.3 is authorizing the allocation of additional Community Development Block Grant funds to Allapattah Business Development Community in the amount of 15, 000 in soft cost and 75,000 in hard cost for facade and commercial rehabilitation in District 1. Chair Suarez: Thank you. The public hearing on PH.3 will open, but if you just give me one second, I just want to read something that says any member of the public who wishes to address the Commission regarding a public hearing item must first register with the 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. Mr. Muhammad, you're recognized. Grady Muhammad: Thank you, again, Mr. Chairman. Again, as I stated, these are very good, but because they're in reserve, how do you access them? And just like you just stated, if we continue to keep monies in reserve and we hit that 1.5 percent threshold, then you going to be coming back to the Commission saying, well, we have to spend these funds expeditiously, but we've been putting all the funds -- if you look the last two years, funds have been going into district reserves, code enforcement code compliance, code enforcement, hard cost construction, but there's no access to these funds. I can't think of it right now. Chair Suarez: That's okay. Mr. Muhammad: But the business on 17th and 53rd Street, it was a former liquor store. It's been vacant since the 2003 tornado that destroyed it, but there's no funds -- and they've been trying to get that business there, create seven jobs. But this is where the money goes in the hard construction cost, facade. But who accesses it? How do anybody from the community access it? There is no competitive process, which is what HUD (Department of Housing and Urban Development) supposed to have, so how do you access it? And again, Mr. Chair, if the funds keep going into district reserve, then once we hit that 1.5 percent HUD ratio, we going to be coming back to the Commission talking about we need to spend these funds in an expeditious, emergency basis. Why don't we put these funds out in a competitive basis so we don't have to worry about breaking that 1.5 percent threshold and HUD snatching all our community development block grants? Thank you, Mr. Chair. Chair Suarez: Thank you, sir. Anyone else wishing to speak on PH.3? Hearing none, seeing none, the public hearing -- Commissioner Gort: Move it. City of Miami Page 14 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Chair Suarez: -- on PH. 3 is closed. Moved by Commissioner Gort. Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. PH.4 RESOLUTION 12-00464 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER AND LIGHT COMPANY, A FOR -PROFIT FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN APPROXIMATELY TEN (10) FOOT WIDE STRIP OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 1075 BISCAYNE BOULEVARD, MIAMI, FLORIDA (ALSO KNOWN AS BICENTENNIAL PARK), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT. 12-00464 Summary Form.pdf 12-00464 Notice to the Public.pdf 12-00464 Legislation.pdf 12-00464 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0204 Chair Suarez: PH.4. Henry Torre (Director, Public Facilities): Good morning. Chair Suarez: Morning. Mr. Torre: Henry Torre, director of Public Facilities. PH.4 is a resolution authorizing the City Manager to execute a grant of easement to Florida Power & Light for approximately 10-foot-wide strip of City of Miami -owned property at 1075 Biscayne Boulevard, also known as Bicentennial Park. Chair Suarez: Thank you. The public hearing on PH.4 is open. Sir, would you like to be recognized? Mr. Cruz. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street, a City resident. I am not opposed to that, 1075, that will be for the museum, the thing we have. I mean, they starting already working in the (UNINTELLIGIBLE) museum and the Patricia and Phillip Frost Museum, and all that, that'll be fine. But FPL (Florida Power & Light), I question FPL. You know why? In public sector -- I been calling for the last few weeks, I have been calling FPL, you know, the City of Miami Page 15 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 305-442-8770, then residential customer, about problems that the neighbors on 30th Street have told me about the branches on the power lines. And you know what they tell -- well, who do I have to call, V llasuso maybe, or I have to call Armando Rivera there in Juno Beach to have something fixed? And you know the people have already power surges and TVs (Televisions) being burn out on -- especially Mercedes Diaz, 1067 Northwest 30th Street, and she complain to me specifically. And when I call, you know what FPL told me? Well, we have to study that. We have to send somebody -- inspector to check the trees and all that. Come on. We're not living in a banana republic or anything. Let them cut the branches of the -- that interfering with the power lines. No, when we want -- there's some problem, no. Then they come ask -- so I don't have no problem in any way. FPL is going to have a hearing soon on June 26 about increasing the rates. Thank you. Chair Suarez: Thank you. Ms. Escarra. Iris Escarra: Good morning. Iris Escarra, 333 Avenue of the Americas. I'm here on behalf of the museum in case there's any questions with regards to the easement. Commissioner Suarez: Thank you. Any other member from the public wishing to speak on PH.4? Hearing none, seeing none, the public hearing on PH.4 is closed; coming back to the Commission. Vice Chair Sarnoff Move it. Chair Suarez: Moved by the Vice Chair. Is there -- Commissioner Gort: Second. Chair Suarez: -- a second? Second by Commissioner Gort. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. Chair Suarez: I just want -- Ms. Escarra: Thank you. Chair Suarez: You're welcome. END OF PUBLIC HEARINGS ORDINANCE - 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. City of Miami Page 16 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 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 Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Carollo 13321 Direction by Commissioner Spence -Jones to the Administration to work with the Miami -Dade County Manager and any other related parties for the purpose of addressing and claming the County's Sign Code as it relates to the City ofMiami. Chair Suarez: We're going to go now to SR.1, signs on City -owned property. Henry Torre: Good afternoon. Henry Torre, director of Public Facilities. SR.1 is an ordinance amending Chapter 2/Article IX of the Code, 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 ofMiami-owned property, delegating approval of such signs to the City Manager and the director of Planning and Zoning. Chair Suarez: Thank you. SR.1 is a public hearing item. Anyone from the public wishing to speak on SR.1? Mr. Torre: Commissioner, I'm sorry. Chair Suarez: It's okay. Mr. Torre: Earlier this week, we distributed a legislation correction. They were minor scrivener errors, editing only. I don't know if anyone had any questions. Chair Suarez: They're not consequential, so they don't fall within the five-day rule. Is that what you're saying? Okay. Mr. Torre: Yes. Chair Suarez: Anyone from the public wishing to speak on SR.1? Mr. Berkowitz, you're recognized. Jeff Berkowitz: Good afternoon, Mr. Chairman, members of the Commission. My name is Jeff Berkowitz, with offices at 2665 South Bayshore Drive, City ofMiami. I am the chairman of the Miami Children's Museum. I apologize if some of what I have to say today I may have said at first reading. I have been involved with the Miami Children's Museum for over 25 years. Back when my little children andl visited Boston and we visited the Boston Children's Museum andl said Miami needs a world -class children's museum because it is a world -class community. And we came back and were effective in soliciting the Potamkin family to do the lead gift for the Miami Children's Museum and we have today what is a very successful museum built on City land. Three or four years ago, I received a phone call from the director of the museum, Deborah Spiegelman, saying, Jeff we have an issue. The Miami Children's Museum cannot pay its mortgage. And at that point in time, I came before the MSEA (Miami Sports and Exhibition City ofMiami Page 17 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Authority) board and with the support of a number of you, literally begged for a grant to keep the museum alive. And the City responded in recognition of the value of the museum as an asset to this city and to the entire community and saved the museum. Andl have -- I agreed at that point in time to serve for a one-year period as chairman of the museum, andl think I'm on my fourth year. And on the theory that no good deed goes unpunished, I continue to serve and we work very hard to stabilize the museum's finances. I have today six national surveys of various organizations rating children's museums throughout the United States. Andl regret to tell you that of all of these, the Miami Children's Museum does not make the top ten in any one of them. We've kept the museum alive, but we face the problem of having exhibits that are eight years old, that we face the issue of being buried in mounds of dirt and dust while the tunnel is being built and will be buried in those mounds of dirt and dust for another couple years. And we're having to expend additional marketing revenues to try to keep our attendance and membership where it is. We started working a year and a half ago on the concept of utilizing the museum and its location as a potential for electronic signage. And we negotiated an outdoor exhibit, a climbing exhibit by a world-renowned designer as a condition to even considering the placement of signage on the museum. And we worked with the museum's original designer so that we could incorporate the signage in a manner that was consistent with the existing architecture. We have subsequently had many discussions with the Administration about sharing the potential revenue that the museum would derive as a result of the signage opportunity that you may bestow upon us today. And while I was philosophically, vehemently opposed to it, we've also talked about the fact that -- and it may not happen in my lifetime -- if this museum is going to prosper, particularly in view of the fact that we've got a brand-new science museum coming in, a brand-new art museum and lots of competition in the city, this museum needs to preserve its ability to grow. So in consideration of the Administration agreeing to at least consider and to attempt to secure for the museum air rights over the existing roadway between the museum and the parking lot that's owned by the Parking Authority, in exchange for that, I'm dropping my opposition to the notion of revenue sharing. And we have agreed with the Administration that we will share 20 percent of our net proceeds as a result of the anticipated sign revenue. And we would anticipate then the signage -- the revenue available to the City based on the museum's revenue, plus the permit fees of not less than $400, 000. The value we would estimate of the ordinance itself to the City, which Commissioner Spence -Jones so eloquently reminded all of us and Commissioner Carollo -- we anticipate the revenues available if you would pass this ordinance on an annual basis to approach, if not significantly exceed, the sum of $1 million. And so I'm here once again to urge this Commission to pass SR.1 on second reading. We need those funds desperately to redo the exhibits. We need those funds to bring the museum -- the Miami Children's Museum back into the top ten children's museums back in the United States. Thank you for your consideration. Chair Suarez: Thank you, Mr. Berkowitz. Any other member from the public wishing to speak on --? Mr. Roche. Manny Roche: Manny Roche, 3101 Southwest 19th Terrace. My concern with this SR.1 code is the fact that if we put signs all over the place -- in moderation, signs can be put in different places. We have the new LED (Light Emitting Diode) lights or signs that are actually popping up all over the city. And during the day, they're extremely bright. At night, they're even more brighter. Now if we wanted to create something like New York Time Square in a particular area, let's say downtown where we might have our orange come down during the end of the year and so forth, you might be even thinking that's understandable. But when you have them and there's no regulation to say that they come all over the place, then that's where I think draw a line. And the reason being is that the City is -- they call it the Magic City, but they also call it the City Beautiful. And these signs really don't enhance the beauty of the City. They actually kind of make it uglier. So the fact that in my own neighborhood, your district, Commissioner, I see that they're popping up all over the place; 37th Avenue, Douglas Road and off of Bird Road, where the Volvo dealer is, you got two of those there. City of Miami Page 18 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Chair Suarez: That's not my district. Mr. Roche: Okay. But 16th Street and 27th Avenue -- 16th Terrace, actually -- Chair Suarez: Okay, that is. Mr. Roche: -- and 27th Avenue -- Chair Suarez: Yeah, that one's in -- Mr. Roche: -- you got one there. Chair Suarez: A small one. Mr. Roche: But they're coming up all over the place, and that's where I have a concern, that we want to keep the city beautiful -- and yes, we need money for different reasons, for example, this gentleman that needs it for the Children's Museum. Two weeks ago, my children and grandchildren visited there. They would rate it a top ten. They fell in love with it, and we need the funds for that. Maybe the heliport might contribute a little bit more money and share with that. You know, but the fact of the matter is is that we need the -- to control this situation, not let it become a virus and get out of hand because if we do, then we're actually contributing to the pollution of our city. And basically, if we do that, then if we have measures to control it, then it should be okay. Chair Suarez: Thank you, Mr. Roche. Mr. Roche: Thank you. Chair Suarez: And l just want to say that sort of agree with your point andl think this is a very discreet number. There's only three that are involved here in this item. So I don't think this is in any way, shape or form a mass proliferation. And in the ones that have prompted the LED ones that are currently up, the takedown ratio for an LED one, I believe, is eight to one, if I'm not mistaken. So that means you have to take down eight to get access or the right to have one. So to the extent that maybe there's one or two or three LEDs in the vicinity, that means that -- if there's three LEDs, that means that twenty-four signs have come down as a result of those three LEDs. Johnny Martinez (City Manager): Commissioner. Chair Suarez: So it's been a net reduction. Mr. Martinez: I think it's four to one. Chair Suarez: It's four to one? Mr. Martinez: Yeah. Chair Suarez: My apologies, four to one, so -- Vice Chair Sarnoff. It's -- you got to go by faces. Chair Suarez: It's eight faces, I think, but which could be four billboards because a billboard can have two faces. But I'm pretty sure it's eight faces. Anyhow, my apologies. I just wanted to answer his question. City of Miami Page 19 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Eston Melton: For the record, my name is Dusty Melton, 3430 Poinciana Avenue, in Coconut Grove. I would be the first to say that the Children's Museum deserves broad, robust community support, but the issue today is not whether the museum wants the sign, as does the Gusman and the Knight Center, or whether it's desperately needed, or whether three is a discreet number or not. Wanting and desiring these programmable signs at these three specific City -owned properties does not make them legal. We're here again to talk about what is the law, are we going to hew to the rule of law or not, andl believe we need to ask ourselves who's an expert on the sign code. Well, thanks to no less an authority than the Miami City Commission itself we know who is an expert on the sign code, and that's the County Attorney Robert Cuevas. Because it was to Bob Cuevas that this Commission turned to in June 2010 by official City ofMiami Commission resolution asking Mr. Cuevas what does the sign code mean. So in building a modest, respectful record today, let's be clear that your choice of the expert authority on the sign code is County Attorney Bob Cuevas. Bob Cuevas did not issue an opinion as requested by this Commission. You're not his client. But he did recently issue one to the County Commissioner Barbara Jordan. And all of you and the City Attorney and the City Manager have received a copy. I'd like to put that in the record also. Andl would direct your attention most specifically to page 3 of Bob Cuevas's opinion, your authority, by the way, in which he specifically addresses SR. 1 and the legality of placing programmable signs on the Children's Museum, the Knight Center and the Gusman. And as his opinion points out, of the ten criteria for a programmable sign to be illegal, at least two of those mandatory requirements are not met by all three of the properties. Andl will tell you respectfully, as I've said many times at this microphone, you may not make legal by municipal action in this chamber that which is illegal under the governing statute, the sign code ofMiami-Dade County, which applies to every municipality, including the Magic City. The law is explicit. The ten requirements are clear and unambiguous. Your chosen expert recently opined in writing that this authority or authorization flies directly in the face of the governing statute for signs in the City ofMiami. I have a lot of -- enormous respect for the Children's Museum and the other two buildings, but wanting and needing and desiring these programmable signs does not make them legal -- Chair Suarez: Thank you, Mr. Melton. Vice Chair Sarnoff Wait, wait. Mr. Melton: -- according to the City's -- Vice Chair Sarnoff Mr. Chair. Mr. Melton: -- own expert. Chair Suarez: Yes. You're recognized. Vice Chair Sarnoff This is the same Mr. Cuevas that is allowing the County to utilize the American Airlines Arena -- You're familiar with the Heat, right? Mr. Melton: Of course. Vice Chair Sarnoff You're a Heat fan, right? Mr. Melton: Of course. Vice Chair Sarnoff So you've seen the LED sign up and down Biscayne Boulevard. You see that they are selling things or at least advertising things that do not exist in the American Airlines Arena. You can see that, correct? Mr. Melton: Absolutely. City ofMiami Page 20 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Vice Chair Sarnoff. So this very same Mr. Cuevas, City attorney -- I'm sorry, County attorney -- Commissioner Gort: County attorney. Vice Chair Sarnoff. -- is not finding -- so what he's essentially saying is do as I say, don't do as I do. Mr. Melton: No, sir. And with all due respect, Commissioner Sarnoff, you are dead wrong. Vice Chair Sarnoff. Really? Mr. Melton: What Bob Cuevas has said in writing to the Mayor and the County Commission is it is up to the Mayor, the elected Mayor and/or the elected County Commission to initiate enforcement. The County Attorney, as you well know, is not in the enforcement business. His opinions have been crystal clear and have instructed that the best way forward including -- Vice Chair Sarnoff. So in your analysis, the County is violating its own sign code on Biscayne Boulevard, the most visible street in all of the City ofMiami? Mr. Melton: The County is not enforcing -- Vice Chair Sarnoff. Right, it's violating -- Mr. Melton: -- one of those -- Vice Chair Sarnoff. -- its own sign code. Mr. Melton: Well, I'm not going to parse words. The County doesn't operate that sign. But the County, yet has -- the County -- the Heat group operates the sign. Vice Chair Sarnoff. Well, I could beg to der with you on that by looking at the Heat agreement. Mr. Melton: But -- but we concur -- Vice Chair Sarnoff. But the point is -- the point that you and I are making is you're telling me that the County Attorney has determined something, but the County still acts contrary to what the County Attorney says. Mr. Melton: We are in 100 percent agreement. Vice Chair Sarnoff. Hundred percent agreement on that. Mr. Melton: Yes. And it is regretful and lamentable, and think inappropriate that the County bureaucracy has not moved to enforce its sign code on its own property. It's disgusting. Vice Chair Sarnoff. So what you're saying then is don't do as I do, do as I say? Mr. Melton: No. I'm saying that the pers -- the lawyer that this Commission believes is expert on what the law means has told his client that you need to enforce this code against your own property -- Vice Chair Sarnoff. Well, I'm not -- City ofMiami Page 21 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Mr. Melton: -- and at some point maybe Mayor --if could answer your question -- and at some point perhaps the County will do that. What I'm saying is that same attorney has -- is basically telling the world that the request of these three entities to put one of these programmable signs on their property is equally in violation. And so I am here with that opinion, as I have asked the -- Mayor Giminez and others at the County to enforce against the media mesh at the Triple A, I am here today simply with the same message. Please understand what the law is. Let's have a little rule of law. Vice Chair Sarnoff. Well, I don't thinkl can concede for you -- andl don't know if the other Commissioners will or not -- that the County Attorney is the legal reasoning in the state of Florida. I mean -- Mr. Melton: He was your chosen expert two years ago. Vice Chair Sarnoff. See -- Chair Suarez: No, no, no, no. Vice Chair Sarnoff. -- I disagree with that statement. Chair Suarez: Wait, wait. Time out, time out. That's an inaccurate statement. Vice Chair Sarnoff. Yeah. I disagree with that statement. Chair Suarez: Sorry. I have the resolution in front of me, which is why I asked for a copy of it. Mr. Melton: Right. Chair Suarez: So -- Vice Chair Sarnoff. So I -- you know, I don't want -- just because you make an assertion of fact, I don't want -- I know I don't believe it. I hope my other Commissioners don't. My expert here in the City of Miami is my City Attorney. And you may like that, you may dislike that. There are times I agree with her and there are times I disagree with her. But for our purposes -- andl know I've had the conversations with her. She tells me what we're doing is legal, but I didn't just take her word for it. I also looked at the ordinance itself and it says subject to all state, county and other issues being allowable. So there's a caveat in there that -- where she says so long as this is allowed under the law. Mr. Melton: I get you, Commissioner, and that's -- that boilerplate intellectual protection for this City Commission has been in every one of your deal documents that's authorized an illegal sign since the year 2003. Vice Chair Sarnoff. Well, I mean, you concede for me that the murals are legal, right? Mr. Melton: Some. Most. The one hanging today on the south -- Chair Suarez: The ones that have a permit. Mr. Melton: -- side of the Miami Herald building today -- Chair Suarez: No. I'm saying the ones that have a permit. Mr. Melton: -- manifestly illegal, not on your list of approved (UNINTELLIGIBLE). City of Miami Page 22 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Vice Chair Sarnoff I have to agree with you. I scratch my -- you know what. One time you and I are in agreement. I scratch my head on that one as well. I'm trying to figure out how it's up there as well. Mr. Melton: Well, at $15,000 a month, I can give you 15,000 reasons why it's up there. Vice Chair Sarnoff Fair enough. Commissioner Spence -Jones: Well, I'm glad you told me how much it was 'cause I haven't been able to get an amount. Mr. Melton: Happy to help. Vice Chair Sarnoff But -- all right. Mr. Melton: My point, Commissioner, and Mr. Chairman, with all due respect, in putting the resolution from two years ago on the record was -- Chair Suarez: Yeah. Mr. Melton: -- when this City Commission wanted advice, wanted legal advice on an interpretation of one aspect of the sign code, you turned to Bob Cuevas. And Bob Cuevas is nice enough to put out a multipage opinion that specifically addresses SR.1, and thought I'd just bring you down a copy today and let you look at it. Chair Suarez: I think that's a more accurate description of what we did. Yeah, which was basically, you know, to ask for advice from the County Attorney as to what his interpretation of the County -- Mr. Melton: Right. Chair Suarez: We -- we're not obviously bound by the County Attorney. There's no legal binding effect. It's not like a court -- Mr. Melton: Didn't assert it. Chair Suarez: Right. I know you didn't. I'm just claming. Obviously, the Administration of the County is not bound by the County Attorney's office 'cause they're not following it, according to you. Mr. Melton: It's very disappointing. Chair Suarez: And certainly, we're not bound -- we get advice from our City Attorney, but we're not bound by our City Attorney. We can -- you know, there's against advice -- against medical advice, AMA, right? You can always listen to your City Attorney and you can agree with your City Attorney or not agree with your City Attorney and as Commissioner -- as the Vice Chairman stated. In this particular case, our City Attorney has opined time and time again that these signs are legal. I've read the County code myself. I happen to think they're legal as well. And 'cause the way the County code -- I've become -- unfortunately, I've become an expert on the County code. And even though I didn't draft it, I've become an expert on it. And you know, maybe the intent of the drafter was different, but if the intent was different, the drafting was sloppy because it clearly is ambiguous at best. I would argue that it is expressly allowed -- LEDs are expressly allowed because they're internally illuminated signs that don't rotate, chase or not intermittent, et cetera, et cetera, et cetera. So anyhow, that's I suppose for a court to decide or for some legislation to clarify -- City of Miami Page 23 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Mr. Melton: Just making a record today. Chair Suarez: -- in the future. Of course. Mr. Melton: Thank you for your attention. Chair Suarez: And you're always welcome to. You're always welcome to here. Next. Nathan Kurland: Good afternoon, Commissioners. Nathan Kurland 3132 Day Avenue. I find myself in a very curious position. As the signature for MSEA, I have had the honor to approve a loan to the Children's Museum, as well as a grant to the Gusman Center so that bricks wouldn't fall on the citizens of the City ofMiami, as the Gusman Center began to fall apart. Mr. Berkowitz, I have nothing but respect and admiration for the job you do. However, I truly believe, as does Mr. Melton, that these LEDs are illegal under the present County code. In addition, when I read language such as, "whereas the City seeks to allow the erection of signs on City -owned property that will advance the City's interest in protecting the aesthetics of the community," is there honestly anyone in this room, including all of you Commissioners, who actually believe that by setting up huge LED signs we're improving the aesthetics of our community? I object to whereases that state the exterior of City -owned properties will be improved by the addition of these signature signs. Once again, is there anyone in this room who can intelligently raise their hand and say to me, yes, this improves the condition of our city, the LEDs? Vice Chair Sarnoff. Well, I'd have to say, Nathan, with regard to the actual Knight Center, anything would be an improvement and that is an improvement. So I'll be -- let me do this. Mr. Kurland: Excuse me. This doesn't count against my two minutes, correct? Chair Suarez: Sure. Go ahead. Vice Chair Sarnoff. Come on. You got 18 seconds to close. Chair Suarez: Yeah, yeah. Go ahead. Vice Chair Sarnoff. I'm just telling you, I think for the Knight Center it's an improvement. Mr. Kurland: Okay, with tongue firmly planted in cheek. Vice Chair Sarnoff. Not mine. Mr. Kurland: It's said that justice isn't what goes into a courtroom; it's what comes out of a courtroom. And so this City Commission is very similar to a courtroom. Are three LEDs going to destroy our city? Probably not. But if we start taking this first step and we feel that the Children's Museum can now advertise any kind of commercial, if we feel -- Excuse me. May I have 30 more seconds? Chair Suarez: Yes. You may have a minute. Mr. Kurland: Thank you. If we actually feel that our -- that the justice coming out of this City Commission says, you know what, it's okay now. We've opened the door. Right now it's three LEDs. I've heard Bill Johnson of the port say, hey, let's take that entire area where the port is as you drive along 395 to Miami Beach and let's string up a group of T,FDs right along there. Where does it end and where does our desire for a quality of life that doesn't include an LED on every single block begin? Thank you. City ofMiami Page 24 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Chair Suarez: Thank you. Next speaker. I'm about to close the public hearing if no one steps to the podium. Peter Ehrlich: Good afternoon, Commissioners, Mr. Chair. Peter Ehrlich, 770 Northeast 69th Street, Miami. I'm here in opposition to SR.1, the legislation to approve additional illegal LED billboards. And I'll be very simple. Just from the handout material that you received during Dusty Melton's presentation, there's a copy of an article from the Miami Herald that says the new LED billboards authorized by the City ofMiami, as well as proposed digital ads on the Gusman Theater downtown, violate Miami -Dade laws that restrict electronic outdoor advertising, County Attorney Robert Cuevas has concluded in a newly issued memo. And reading from the memo -- I think it's on page 3 under section -- subsection (b), the County's prior planning and zoning director determined that the County sign code does not provide for digital technology for billboards, see Attachment 2. Thus, digital technology is only permissible for point -of -sale signs on properties of ten or more acres. I concur with his reading of the County sign code. And he goes on in Section C, these provisions of the County sign code apply in both the incorporated and unincorporated areas, and therefore governs signs on city -owned properties. I'd just like to state, you know, opposition. There's approximately 19 illegal billboards that are approved by the City Commission over the last few years. There's probably five or six or seven illegal T,FD billboards in the City ofMiami. I don't know if any of them have been cited by Code Enforcement or anybody else. And we don't know how many faces are proposed for the Gusman, the Children's Museum. We've seen pictures showing up to four T,FD billboards on the Children's Museum. They were in the material from the last presentation at first reading. And I think it's terrible to allow this proliferation of visual pollution. Please oppose. Thank you. Chair Suarez: Thank you, Mr. Ehrlich. Lucia Dougherty: Good afternoon, Mr. Chairman, members of the Commission. Lucia Dougherty, with offices at 333 Avenue of the Americas, here today on behalf of the Children's Museum. And I, too, have read the County Attorney's opinion. And basically, what he has said, if you take -- boil down all of the five or six pages -- what he has said is that no signs, no LED signs are permitted anywhere in the City except if you have ten acres and they sell -- and they advertise point -of -sale or point -of -sale products. In other words, it has to advertise whatever is being sold or any services on site. So if you have a point -of -sale sign, you can have an LED if you have ten acres or more. In the case of the Children's Museum, they have 13 acres. They can have a point -of -sale sign selling Coca-Cola if they sell Coke inside. But they couldn't sell Pepsi. So we can go out there and put a sign right now, put a -- start selling what we have inside, put a kiosk or whatever it is, but you don't get the same money that you get under the circumstances which you -- under the circumstances of this ordinance. So that's the one thing. The other thing too is the County just put a LED sign at the unincorporated area permitted by Clear Channel for -- at Okeechobee and the Turnpike, brand-new T,FD sign, in unincorporated Dade County. Under this opinion, every -- Vice Chair Sarnoff Do they have ten acres? Ms. Dougherty: No, they don't have ten acres. Chair Suarez: It's just a Class C sign, right? Ms. Dougherty: Correct. Chair Suarez: Yeah. Ms. Dougherty: So -- City ofMiami Page 25 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Chair Suarez: You don't need the ten acres for Class C. You need it for Class B. Ms. Dougherty: -- under the circumstances, every single sign that you have on the highway, under his opinion, is supposedly illegal. But what you did -- and I think you should do so in this ordinance -- is you actually had an opt -out because the County code allows you to opt out of signs within so many feet of the highway, 660 feet. I'm going to suggest that you include the same language that you concluded in your billboard ordinance and you included in your mural ordnance. And have a copy here and can read it and give it to the County -- City Attorney. But it essentially says the City ofMiami opts out of Chapter 33/Division IV of Dade County Code of Florida -- Code of Ordinances, as amended, as applicable to outdoor advertising signs on City -owned properties. The City has adopted rules contained in this article to regulate outdoor advertising signs on City -owned property. So I'm going to suggest that you include this in your ordinance and pass it today on second reading to do exactly the same thing you did for the murals and for the billboards, which allows you to opt out of their commercial signs within 660 feet of the right-of-way of highways. Chair Suarez: Thank you. Yeah, I think that's been lost in this debate that the City does have an opt -out ability under certain limitations. I think there was some debate or confusion about whether we had a general opt out or whether our opt out was confined to a certain geographical distance. I happen to think it's a certain geographical distance, and it's 600 feet or something to that -- 660 feet or whatever. I think all three signs probably are within 600 feet of a highway. I'm sure -- I know that the Gusman -- I'm sorry. The Gusman is the only one that I'm not sure about. But obviously, Children's Museum and obviously James L. Knight are right next to a highway. I'm not sure how close Gusman is, but certainly for those two signs. Anything else? Any other member of the public wishing to speak on PZ (Planning & Zoning) -- I'm sorry, on SR. 1 ? Mr. Dunshee. Adam Dunshee: Adam Dunshee, 500 Northeast 50th Terrace. I'm here speaking on behalf of Miami Neighborhoods United, to which I'm president. I'm glad the conversation turned to opting out because we opposed this legislation based upon its resemblance to severability from the County sign ordinance. In June 2011, MNU (Miami Neighborhoods United) opposed municipal severability from the sign ordinance when an opt -out amendment was proposed by County Commissioner Bruno Barreiro. The members of the County infrastructure and land use committee listened and the amendment failed. Now the City now proposes an ordinance in which Article II, paragraph 2 explicitly permits the advertisement of goods, services and activities not available on premises. Permitting such impertinent advertisement is in direct conflict with the County's definition of Class A through C signage, all of which require advertisement of what is available strictly on premises. Now to the media mesh at America [sic] Airlines Arena -- this has been questioned in this particular discussion. But at least it tells you a Heat game is pending and that the circus is coming to town. Now do we really want the facade of the Gusman to sell a Lexus or maybe show how tasty a Whopper is? Earlier this month, the Commission gave special recognition to the tourism industry in the City ofMiami. Allowing impertinent commercial advertisement and signage on the face of City -owned property frustrates the task of attracting visitors to our facilities by focusing their attention to consumerism on the front of the venue over the programming inside the venue. Esteemed Commissioners, the programming on the inside is what counts. Please vote no to this legislation. Thank you. Chair Suarez: Thank you. Anyone else wishing to speak on SR. 1 ? Folks, if anyone's going to speak on this item -- Judith Sandoval: Good afternoon. Chair Suarez: -- if you can line up at the podium so that I know, 'cause otherwise I'll close the public hearing and somebody won't get an opportunity to speak. City ofMiami Page 26 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Ms. Sandoval: Judith Sandoval, 2536 Southwest 25th Terrace. I agree with all of the statements made by the people in opposition to this ruling today. Andl would like to ask -- first of all, I see a conflict. You want to come up with a new ordinance, what for? A number of you have said that this is already legal for the City to do. I would like to ask that all of you who are going to vote yes evidently agree with that because we don't have the ordinance and a new ordinance -- and if you would state clearly for the record exactly why, individually, you think that this is legal to do. Andl would like to point out, with all due respect to Lucia's expertise, which have witnessed many times here, that you can't just opt out without getting permission, I understand, from the County. And if you're going to put signs that close to highways, you also have to follow state laws. So it's not simply that you can either pass -- invent a new ordinance and pass it today to have the excuse to put up these ugly, offensive, tacky signs, three of them, and on City buildings. It sets a terrible example. So I would like to make you aware of what you have to do besides pass this ordinance. Andl would like Julie Bru to say and put on the record just why she thinks these signs are legal because there is definitely disagreement about this. Thankyou very much. Chair Suarez: Thankyou, Ms. Sandoval. Andl just want to clam that, obviously, the City doesn't need permission to opt out. That's the purpose of an opt out, so that we can either opt in or opt out. So that's the whole reason we had an opt out. Is there anyone else who would like to speak on this item? Barbara Bisno: My name is Barbara Bisno. I live at 1000 Venetian Way, Apartment 603. I agree with the illegality of this. I'm not going to waste your time or take up my brief two minutes. I really only have two comments to make. I am so disappointed that, once again, the Administration has drafted an ordinance that tells the community nothing. It doesn't say how many faces we're going to have to look at. It doesn't say how many -- where the signs are going to be located. It doesn't say how many signs there're going to be. We have one person standing up saying they're going to make a million dollars. What's that based on? How many faces? What sign -- how many signs? We don't know. He knows. He talked to the Administration, but we don't know. And who makes the decision? The director of Planning, and that's it. There's no input from the community. There's no notice to the community. There's no appeal. That's not fair and that's not the way we fought so hard to have Miami 21 go down. Andl actually was at a meeting when the director of Planning said, oh, that needs to be in there, but it's not. So my personal disappointment, and the community deserves better from all of you who asked for these things to be drafted. Chair Suarez: Thank you. Ms. Bisno: The third point I want to make is a personal one. I've heard comments that those e-mails that you received, the hundreds of e-mails you received, because they're the same message, what do they care? What should you care about those? Well, you should know, those e-mails are not sent by any organization. They are sent, each of them, by an individual constituent. Now we make it easy for them 'cause that's democracy. We show a message, and if they agree to it, they just have to click and it's going to go to you. That's right. That's an organizational thing. That's a technology -- that's an improvement on democracy to let you know what the constituents feel and think and want you to know. So what you're supposed to do if you're with it is you keep count, how many are against and how many are for, and you pay attention. Andl understand you've received hundreds against. Chair Suarez: Thank you. Ms. Bisno: Thank you very much for your time. Chair Suarez: Thank you, Ms. Bisno. Any other speakers? City of Miami Page 27 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Herminio San Roman: Good afternoon, Mr. Chairman and members of the board. My name is Herminio San Roman, with offices at 500 South Dixie Highway. I represent Carter Outdoor Advertising, and I'm going to go further and say that I'm of the opinion that this ordinance being proposed to you today violates your own City ordinance that was passed in 2003, where it limit the number of signs in the City ofMiami and before any billboard company can put another sign up, has to take one or two down, depending on their settlement agreement, and also that it violates our settlement agreement with the City. Thank you. Chair Suarez: Thank you, Mr. Roman. Anyone else from the public wishing to speak on SR.1 ? Hearing none, seeing none, the public hearing on SR.1 is closed; coming back to this Commission. Is there a motion? Vice Chair Sarnoff So move, as amended, as stated by Ms. Dougherty. Chair Suarez: Moved by the Vice Chair. Is there a second? Commissioner Spence -Jones: I have some -- Commissioner Gort: Second. Commissioner Spence -Jones: -- questions but -- Chair Suarez: Yeah, of course. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: Okay. There's a couple things that think is important. I like the idea and we should always like the idea of hearing from citizens and their viewpoint about issues. And we should, as a body, welcome responses back from them. So I think that we should hear what our City Attorney has to say to some of the things that were communicated today so that she can officially put that on the record. And then also, Carter just made a point that I did not really think about, which I think is important for Julie to also answer. Are we in any violation with any existing billboard company that we already have a agreement with? So I think the first one is this issue of the County and whether or not -- you know, this article that was passed out, whether or not we are violating the law, okay? And then the second one is, are we violating the existing partnership that we have with our other billboard partners? Julie O. Bru (City Attorney): Let me deal with your second question first as to the billboards and the settlements that the City has with the billboard companies. This ordinance doesn't propose to impact any permitting for billboards. These are strictly related to wall signs. So those agreements have to do with outdoor advertising, but outdoor advertising that's displayed as a billboard, which is a free-standing sign. These would authorize wall signs. Now to get back to the more general issue -- Commissioner Carollo: I'm sorry. Mr. Chairman. Chair Suarez: Hold on a second. The Commissioner has a question. You had a follow up? Commissioner Carollo: Yeah, I'm sorry. Andl don't want to interrupt. I just want to make sure that before you go to another item, we could address that. Are they going to be wall murals or are they going to be free-standing 'cause I saw a picture of -- and it actually looked very nice, except for the sign on top, of some like ladder -type children's free-standing -- I could only describe it as a ladder. It was actually very nice, but that -- it's my understanding that it was City ofMiami Page 28 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 going to be a free-standing sign, not a wall sign. Ms. Bru: No. Well, if you've seen that picture, then it's just a picture that perhaps is something that you'll have to -- Commissioner Carollo: Yeah. I -- Ms. Bru: -- deal with but -- Commissioner Carollo: -- need clarity on that. Ms. Bru: -- the ordinance itself says the sign shall be integrated into the architecture or wall of the building and shall not be a ground or free-standing sign. So afree-standing sign is not permitted under this ordinance. Commissioner Carollo: Hold on, hold on, hold on. I want to compare apples to apples. Okay, I'm talking about this picture, which, again -- I'm talking about this. I don't know who's seen this or not. I was given this. And this seems to me like afree-standing sign, so I just want clarity. Commissioner Spence -Jones: Administration, can you respond to this, please? Commissioner Carollo: Could the Administration --? And again, all want is clarity. I mean, you know, I want to be able to make an educated vote. Mr. Berkowitz: Commissioner, may address it? Vice Chair Sarnoff You're recognized for the record. Mr. Berkowitz: Thankyou. That was a conceptual drawing. There will be a climbing exhibit there. It will be attached to the wall, and it will comply with the ordinance as the signage -- when the design is complete. It will be subject to permitting, and we will comply with the ordinance. Commissioner Carollo: So even though it will be a climbing exhibit, the sign that it's clearly showing on top will be on the wall or it will not be on the climbing exhibit? Mr. Berkowitz: Well, the exhibit -- the entire structure will have an attachment to the wall. The ordinance says it permits -- or requires attachment to the wall. Commissioner Carollo: Okay. Again, I just want clarity. Mr. Berkowitz: We will comply -- if the ordinance -- obviously, if the ordinance is passed, we will comply 100 percent with the ordinance. Commissioner Carollo: Thankyou, Mr. Berkowitz. Mr. Berkowitz: Thankyou. Commissioner Carollo: Andl appreciate it because, again, all want is clarity. And you could clearly see why I would think this is afree-standing sign. I mean, it clearly -- it's clearly depicted like afree-standing -- Mr. Berkowitz: Yeah. Commissioner Carollo: -- sign, so I just want clarity. City of Miami Page 29 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Vice Chair Sarnoff All right. Let's -- Alice Bravo (Assistant City Manager/Chief of Infrastructure): And at the end of the day, they will be held to what's stated in the ordinance. Vice Chair Sarnoff Let's go back to Commissioner Spence -Jones -- that was her second -- you were taking her second question first. Ms. Bru: Correct. And as to the more general comments that have been made, let me start by saying that any time that you try to regulate in the area of signage, it is very difficult because not only are you dealing with the aesthetics and the passions of the community as far as whether something is pleasing to the eye or it's offensive to the eye, but you're dealing with the first amendment. So we pay great caution to any law that we draft that deals with signage. And we have worked very hard to make sure that what is before you today is properly before you and it's appropriate for you to be voting on it. Is it or isn't it allowed under the County code? Well, at this time, we do have a disagreement between the interpretation that not only myself but your Administration has given of whether or not T,FD signs are permitted with that of the County Attorney. I think that to resolve that issue, which is caused in part because of the fact that when the County code dealt with automatic changing signs, which is what Mr. Cuevas believes that an LED is, there were no LEDs. So here we have technology that has surfaced after the County articulated a particular kind of sign. So perhaps the answer and the resolution to the dispute will lie a little bit on technology and interpretation of what technology is and not so much of what, you know, the law or the County ordinance says. Having said all that, let's look at what the posture of this ordinance is. This ordinance doesn't in itself authorize any particular sign at any particular location. It is an expression as a body who owns real estate -- you own three venues in the City and you're acting in your proprietary capacity and you're saying we believe that it's good use of these venues to allow the erection of a sign that will contribute to the financial viability or the sustainability of the venue. So you're making this proprietary decision, which you have all the authority in the world to do. And then you're conditioning this permission to use these three venues in that fashion by saying that any time that a permit is issued, that permit has to comply with federal, state, county and any regulations regarding any lease that might be in place, any restrictions regarding any lease that might be in place. So this ordinance in and of itself doesn't permit any particular sign at this time. Furthermore, it's very clear under the ordinance that any sign that is permitted on City -owned property under this section which is found to be in violation of the conditions of the sign permit or any federal, state or county regulation or restriction is subject to removal by the City. So we have put in here sufficient safeguards so that in the future if it's determined that a sign is in violation, the -- whoever has erected the sign will have no recourse but to take their sign back. So we're protecting the City with respect to any potential liability in that respect. So last but not least, you know, there is criteria in here with respect to how the sign is going to look. It does delegate to the Manager the responsibility for making sure that he does the due diligence, and he ensures that whoever comes for a permit, whether it's a lessee or a licensee or a tenant of the City or a manager of the City facility, that before that permit is issued, that all the requisite legal hurdles have been met. Chair Suarez: Thank you. Commissioner Spence -Jones: Okay. The other question I had -- andl want the Administration to address it just so I'm clear. So the first thing with the existing relationships or business relationship we have with Carter and the rest, you see this as being in no violation because it's a different form of advertising. Ms. Bru: I'm sorry, Commissioner. Could you restate that? Commissioner Spence -Jones: The Carter comment -- I just want to make sure we're clear on the record -- you see that we're in no violation with that because this is a different --? City of Miami Page 30 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Ms. Bru: Right. This is not regulating billboards. Commissioner Spence -Jones: Okay. All right, so that's one. And then on this one, just so that we're clear, you're saying that we are not in violation with the County because -- Ms. Bru: Well, there isn't any violation until a sign is erected, first of all. Commissioner Spence -Jones: Okay. Ms. Bru: Once a sign is erected, it may or may not be in violation. At this time, we are disagreeing with what purports to be the County's position because let's -- you know, at this point we only have an opinion from their County attorney. Commissioner Spence -Jones: Right. Ms. Bru: And ultimately, it is those individuals who are supposed to be enforcing the County code are the ones who ultimately make the decision as to what is a violation or not. Commissioner Spence -Jones: So, basically, you're telling us in a nutshell that, as our City Attorney, your recommendation is that we have no violation or no issue with us -- with this matter at all? Ms. Bru: This ordinance assumes that before a permit is issued, all these issues about whether or not we can have a sign within a hundred feet of a school or a cemetery or a park, whether or not it's an LED or it's an automatic changing sign -- This ordinance assumes that before your City Manager signs off on that permit, the prudent thing to do, in my opinion, would be to resolve those issues. That's the prudent thing to do, in my opinion. But if the City Manager wants to sign a permit based only on my disagreement and his disagreement with the County Attorney's interpretation of what is or isn't an LED sign, I think that there's sufficient protection in here that should there be later on an enforcement action by the County determining that a particular sign is in violation, we can compel the sign to come down. Commissioner Spence -Jones: So, basically, it's on Johnny? Ms. Bru: It's on Johnny. Commissioner Spence -Jones: Okay. Commissioner Gort: We need -- Commissioner Spence -Jones: Okay. So there might -- Vice Chair Sarnofff. Somebody throw him the keys. Commissioner Spence -Jones: -- Johnny, I -- I read all between the lines and what it came out to is it's on you, Johnny. And then the third thing that have, a question from the Administration standpoint and then I'll just wrap it up on what want to put on the record, the Administration, these are just comments that came from the individuals that came up. I want to have clarity -- ands think -- I don't know who it was that mentioned it, but they said, well, you know, Commission -- Commissioners, we don't understand even the number of signs, you know, how they'll be placed. We don't have an understanding of what's even being voted on at this point. Alice, Henry, can you at least clam, you know, that statement because they're correct from that perspective, if it's not clear? City of Miami Page 31 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Ms. Bravo: Correct. And what we want to just point out to everyone is that there are overlapping regulations that address these signs. For example, signs at the Children's Museum, they are within 660 feet of MacArthur Causeway, being a federal aid highway; therefore, the FDOT federal highway regulations affect the number of signs that can be placed there; the spacing criteria of the state comes into play, so ultimately, it's that criteria that will govern as well as the criteria we've set in place here. Commissioner Spence -Jones: Yeah. But I guess the question was is it two screens? Is it four screens? Is it -- is it clear enough in what we're voting on today -- is the language clear enough on what they can and cannot do or the idea is it -- for it to be voted on and then the agreement itself would outline that? Is that the direction that you guys are going in? Because the public wants to have a understanding of that process. Ms. Bravo: Each application is going to have to stand on its own two feet with regard to the different criteria that come in play. So for example, on MacArthur Causeway you could have one sign that's visible from the westbound direction, one sign that's visible from the eastbound direction, and you couldn't have two that are visible from the eastbound direction without running afoul of the FDOT criteria. So, you know, similarly, in the James L. Knight, there's really only one wall that faces a highway ramp. So it's those overlapping criteria as long with -- as well as the interpretation of the Planning director of what we have here that will govern. Commissioner Spence -Jones: Okay. All right, thank you. And so I'm going to just go ahead and put my issues on -- so hopefully that answers some of the questions that were out there. Commissioner Carollo: Mr. Chairman, can I just piggyback on some of your questions? Commissioner Spence -Jones: Sure, no problem. Commissioner Carollo: Something that you asked and the City Attorney mentioned that it just opened up my eyes andl want to ask Ms. Bravo about it. She mentioned something about a hundred feetfrom the school. There is a school there. Commissioner Spence -Jones: Yes, it is. Commissioner Carollo: So how does that work? Is it -- would it --? Chair Suarez: It's got -- if it's a flat sign -- I believe if it's a flat sign, it's exemptedfrom that hundred foot [sic] from a school. If it's a flat sign affixed to a -- Commissioner Carollo: A wall. Chair Suarez: -- structure, a wall, it's exemptedfrom that. Commissioner Spence -Jones: Because it's not a billboard. Chair Suarez: It's not a billboard. Billboards, yeah. Billboards would not be allowed. Commissioner Spence -Jones: Okay. Commissioner Carollo: Okay. Chair Suarez: A billboard would not be allowed. Commissioner Spence -Jones: Okay. So I just want to clear up a real -- on this particular item, I want it to be amended 'cause I want it to be clearer. I understand in the last meeting we had City of Miami Page 32 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 there was some concerns about the regional parks portion of it, so I want to make sure that we delete the regional -- any mention of the regional parks from this particular legislation, andl want to be clear of why was bringing this up as an issue in the first place. Based upon my knowledge of what we voted on in the past before I left, we included regional parks to include billboards that would allow for the revenue from these billboards to benefit park programs or programs within those facilities in which the billboards were on. So that was the reason why I asked because I noticed that in the language, it did not include regional parks. So I was really trying to make sure that the language was consistent to the other -- the ordinance that's already there that included regional parks. My intention was not to slap billboards in every regional park -- every park throughout the City. That wasn't the case. It was only the facilities that abutted a highway or an expressway. In my particular community, for instance, that would be Moore Park where the Orange Bowl stadium -- mini stadium is now. That would be Gibson Park, I believe, and if I'm not mistaken, Range. Was it -- that was the intentions. But know during my briefings, it was communicated to me that Grapeland already has an existing billboard that sits on a facility, on the Grapeland Park already that, at this point, we're not in any kind of violations with at all because it is a billboard, correct? Ms. Bru: I think your Planning director can address that. But the issue there was that I think when that sign was erected, that parcel was zoned commercial. Commissioner Spence -Jones: Okay. Ms. Bru: So it was -- Chair Suarez: And was a hundred feet away -- Ms. Bru: -- it might be a legal nonconforming -- Chair Suarez: -- from the actual park that was zoned park, I believe. Commissioner Spence -Jones: Okay. So I just want to make sure in this -- 'cause I know that the regional park portion of it is still in here so I want to make sure that we delete any mention of the regional parks. I just wanted to make sure the language was consistent. Last but not least, I -- Mr. Berkowitz? Yeah. I just want it to be very clear -- and we've been going back and forth with the Administration on this issue of making sure that we stand our ground or we hold our position on how important it is for us, the City itself, to generate revenue. Just as you explained, you know, the position that the Children's Museum is in and how important the facility is to make sure our children have, you know, the best with the museum and just as we talked about the Gusman Theater and it falling apart and how those resources are needed, we're in a very unique position as well because our responsibility is to make sure that, one, the City employees that do work here and take care of their families and they're trying to have a livelihood themselves, that they're not faced with, you know, having to lose their jobs or whatever the case may be, reduced in pay and all of that. So our job becomes to find out any way we can to reduce -- to create revenue so that we can save our City. We have -- I don't know what your deficit is, but we're looming around 40 million, so we need about twenty of these projects in order for it to make sense for us. So my position with the City staff was to make sure that we do whatever it takes to make sure that we get a possible revenue stream from all three billboards or, I should say, outdoor signs that are coming. So I just wanted you to be clear on -- from my perspective, why I thought it was important for us to get a percentage of the revenue. You could sit. I just wanted to let you know. In this -- I wanted to mention on the -- as we read, I just wanted to make sure we're clear under the section titled Process for obtaining an outdoor sign on City -owned property, 'that we make sure that the mandatory revenue sharing provision -- I know that the City Manager is going to negotiate that as a part of it andl appreciate that and respect that, but would like for the final approval of that agreement -- of those agreements to come back in front of the City Commission, not that I don't trust Johnny's going to do the right thing, but I think that City of Miami Page 33 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 you've heard enoughfrom -- today that we want to see what the landscape is going to look like, what the signs are actually going to look like for us to really have an understanding that we 're living up to our commitment on what we told public we would do. And then also I want to make sure that those percentages make sense for the City from a business perspective, so the final agreement definitely needs to come in front -- the way the language reads now, it just says that it needs to be negotiated by the City Manager for each location under this code, but I would like to just make sure that we're clear that this needs to come back in front of the City Commission to vote and approve whatever that language is. In closing, I just -- I know that we have this issue around the -- each one of these signs, we get a certain amount of promotion or -- yeah, I guess promotion would be -- I know Children [sic] Museum has it in their agreement. I think it's extremely important, just as we do with the billboard companies and different people that we do business with, the bus shelters, that we do have some space identified for City -related projects so if there's things that we need to promote throughout our city for things that we're doing, whether or not it be the Believe Campaign, the recycling campaign, that there is something put in here that will allow for us to have the ability to promote some of the things that we 're doing for the residents of the City. So I would like to make sure that that's amended to be included in that as well. All right? Chair Suarez: Okay. Commissioner Spence -Jones: So -- Chair Suarez: So Commissioner Gort. Commissioner Gort: Yes. Commissioner Spence [sic] talked about the process for obtaining the sign permit and the owner of property. My understanding is the -- part of the procedure, the instruments that I read before gave a specific use on how the walls were going to be used so whenever you come back with the permit -- because according to this, it's -- the specific size, configuration and location must comply with all criteria set forth by director of Planning & Zoning. I'd like to see those criteria and zoning when they come back. I want to make sure -- because that's got to come back. It's got to be approved by us. I would like to see the criterias [sic] and the regulations, okay. Thank you. Chair Suarez: Thank you. Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Yes. Commissioner Spence -Jones: I just want to make sure we're clear. Currently in the agreement now there is no revenue sharing provision in it, and what I'm saying is I want to make sure that it's included in this agreement -- Mr. Martinez: In the ordinance; that we will come back -- Commissioner Spence -Jones: -- in the ordinance that we're passing, that it should be included in that, so that needs to be included in the language. Mr. Martinez: Correct. Commissioner Spence -Jones: We do not have to identify what that amount -- Mr. Martinez: Is today. Commissioner Spence -Jones: -- should be. But I want to also -- as I said to you guys in the City of Miami Page 34 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 meetingl had with you, that we definitely want to make sure that that is of the gross and not of the net. Chair Suarez: Thank you. Okay. Let me say a couple of things and then we'll go -- we'll just kind of go from left to right, if you don't mind. First of all, there's been much discussion about whether these signs are legal or illegal, andl think one of the things that bothers me a little bit -- I mean, being a lawyer now eight years -- I can't believe it's almost a decade -- I know that in many cases, you cannot state legal conclusions as if they're facts. You can't say something is legal, something is illegal -- with all due respect to Mr. Melton, who was here before, he's no greater an authority on the sign code than I am in terms of the binding effect that it has. You know, there is no court of competent jurisdiction that has opined on whether they're legal and illegal. I happen to think that, you know, it's at least ambiguous at the very minimum. But let me tell you what the facts are because it's one thing to have an opinion; it's a whole nother thing to mischaracterize the facts. Andl think there are people that obviously oppose tremendously any kind of advertisement, and that's their right and they have a right to their opinion and perspective andl think we're very respectful of that and we certainly listen to them. And whatl think gets lost in the shuffle and gets lost in the argument is what exactly is our records, since I've been here at least, regarding outside advertisement? Let me tell you some facts. These are not opinions. These are not my opinion versus some -- these are facts. In the only settlement agreement that we've approved in this Commission that can remember, we entered into a takedown regime. In other words, the T,FDs that we sanctioned came with an enormous amount of takedown requirements in terms of faces, so that resulted in a net reduction of signs so less outside advertisement. Then we had a company called In Windows that came and wanted to do advertisement in downtown, wanted to put it on the windows. We denied them the opportunity to do that, so that was -- that's a fact, so reducing proliferation of advertisement. Then somebody noticed that we were advertising beer on one of our wall murals, andl got a phone call from my mother chastising me for allowing us -- for us allowing -- and we spoke to the City Manager and now I think it's a Chase advertisement and not a beer commercial; again, taking down advertisement that people find to be offensive. Then we voted against very recently, unanimously as a body, advertisement on -- I guess it's parking meters or trees or whatever else could be sanctioned under that ordinance; again, reducing the amount of advertisement. We also had Code Enforcement go out to the Miami Heat in the middle of a playoff run and make them take down advertisement from their trees. That's fact number 6 of our actions that have reduced advertisement in the public square. Even in times when we've sanctioned advertisement, it actually hasn't worked out. We voted -- not everyone -- for the media towers, which never came to fruition. So even in the times where you could argue that this Commission has acted in a way that may promote advertisement, it hasn't actually come to fruition. That's number 7. Number 8, we denied a settlement agreement, a legal settlement agreement, and we fought and won in court, a settlement agreement which would have permitted a sign within five feet of a neighborhood, the Roads. That's number 8. And number 9, we just took out of our ordinance, putting signs in regional parks because we recognize that that's not something that can be done legitimately and there are people that have legitimate objections so that. So -- I mean, I think what bothers me is - - and these are all facts. I mean, what bothers me is that the perception has been created that this body has sanctioned or has, you know, done everything, but the facts just don't support that contention and, you know, you're entitled to your opinion. I think the Vice Chair says it all the time. You're entitled to your opinion. You're just not entitled to your own facts. And those are the facts. I -- you know, this can be argued to be an expansion of advertisement. I'll -- I will admit that, but it's very, very small. I mean, we're talking about three signs which are going to benefit either the City in terms of revenue generation, and we all know how tight things are around here, or specific organizations, which, by the way, in the case of the Children's Museum - - and, you know, they already mentioned it, but I'm going to reiterate because I think it's important for the people to understand what's happening here. They have the right, by virtue of the County code, to put up an T,FD point -of -sale sign as of right. We have no regulatory ability to prevent them from doing that. And so the only difference is that it's -- the content that they can advertise is regulated, whether it's, you know, as Ms. Dougherty said, a Coca-Cola, an onsite City of Miami Page 35 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Coca-Cola or Pepsi Cola. You know, the only thing that changes is the company that is advertised. But the fact that an LED -- if someone thinks the LED is visual pollution, which they have every right to believe, it's going to happen one way or the other. That visual pollution is coming by virtue of the County code and as of right. So I just -- you know, I think what happens, unfortunately --I've been here for a little while now andl think, unfortunately, misinformation gets bandied about and that is a way for people to make arguments and very impassioned arguments, and it's not that we don't care or we don't listen. In fact, it's quite the opposite. If you look at our record since I've been here, we care very, very much and we listen very, very well, and we take action. So, you know, that's the truth. That's the history. People can say whatever they want. They can try to rewrite history. They can, you know -- I had a very big argument with somebody who represents a group that opposes the advertisements, andl said, you know, how come you never gave us credit in an e-mail. You always, you know, send out the e-mails opposing what we're considering doing, not doing, considering doing, but how come you didn't send an e-mail praising us for getting the advertisements down from the trees in the -- you know, in the Heat arena. And they said, oh, Commissioner, we haven't gotten around to it 'cause we didn't know exactly why it is that you did that. Andl said, well, what does it matter? We did it. You know, we enforced our code. And then I found in the course of the e-mails that we received on this item, there was a one -line statement that said, thank you, City ofMiami, for taking down the -- a one -line statement. By the way, some people took the line off when they sent us the e-mail. They took that one line off. So it just seems like sometimes if you want -- you want some -- you want to see things and perceive things in such a way, you're willing to ignore everything, even reality, to get to your version of reality and perception andl think that's very unfortunate. I think it happens all too often in what we do here and in politics, and it's one of the major things that frustrates the ability of this government to act in a competent fashion. Commissioner Spence -Jones: Mr. Chairman -- Chair Suarez: Yes. Commissioner Spence -Jones: -- I just want to make sure that Alice puts what we proffered on the record -- Chair Suarez: Sure. Commissioner Spence -Jones: -- as the changes in it so we're -- it doesn't get lost in translation 'cause sometimes that happens. Can you please put on the record, Ms. Alice, what we want to make sure is included in this ordinance? Ms. Bravo: In addition to the amendments that Henry read regarding the scrivener's errors or that were distributed earlier, that we would work out opportunities for City -sponsored material to be placed on the signs for special events, et cetera, that the City sponsors; that we would come back to the City Commission for the revenue -sharing agreements; and that, additionally, Commissioner Gort's comment that we provide what the criteria used by the Planning director is. Mr. Martinez: And take out regional parks. Commissioner Spence -Jones: And -- Ms. Bravo: And removing regional parks. Commissioner Spence -Jones: Now -- so that's mandatory revenue sharing provision. That's what -- that's how it should be kind of placed in there. And just so that I'm clear, I did mention on the record 20 -- a percentage of the gross. Ms. Bravo: Right. And I'll -- prior to the meeting, we had probably a few weeks of negotiations, City ofMiami Page 36 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 a month or so, with the Miami Children's Museum, and to that point, we ran different numbers, different scenarios, and talked about basically the gross to the Children's Museum. And today we finally agreed to negotiate a share of 20 percent of the Children's Museum amount. Commissioner Spence -Jones: Yeah. I don't -- I'm going to let you guys figure out what the percentage is. You're going to bring it back to the whole entire Commission on all of them so we all agree what they are, but I just want to make sure we're saying gross of the revenue from the signs that are placed up and not from a particular side. Ms. Bravo: That would be different than what we've been discussing until now. Commissioner Spence -Jones: Well, I mean, I'm assuming you still have to negotiate with all three of them. It's not just the Children's Museum. It's all three of them. Ms. Bravo: The other properties right now are City properties and that's what's different here, that there's a lease. Commissioner Spence -Jones: With -- Right -- the City's properties, but we have Gusman that, again, is one -- that rev -- is that revenue coming straight to the City then? Is that you're saying for Gusman? Chair Suarez: Yes, all of it. No? A hundred percent of it. Ms. Bravo: The Gusman building right now is a City property. Commissioner Spence -Jones: Right, but that's -- okay. But -- so I just want to be clear 'cause I see Herman back there. So are you saying that the Gusman Theater is not getting any of those revenue shares? Ms. Bravo: I -- what I'm saying is that once we propose an agreement with the Gusman Theater, we would negotiate what percentages are going towards support of the theater versus the City. Commissioner Spence -Jones: I know you guys looking at me like I'm crazy, but -- Chair Suarez: No, you're not crazy. Commissioner Gort: No, no, no. Commissioner Spence -Jones: -- I don't -- Chair Suarez: No, no. Commissioner Spence -Jones: -- I'm just saying -- Commissioner Gort: It's got to come back to us for approval. Chair Suarez: I just -- Commissioner Spence -Jones: I'm just telling you -- Commissioner Carollo: Not at all. Commissioner Spence -Jones: -- this is why it gets all -- Chair Suarez: You're not. City of Miami Page 37 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Commissioner Spence -Jones: -- shady, you know. Chair Suarez: No, no. Commissioner Spence -Jones: And people start saying, okay, you know, we're just moving it right along, and I just want to be clear. So you're saying -from the James L. Knight Center and from the Gusman Theater, all the revenue at this point will be coming back to the City's general fund? Ms. Bravo: For the James L. Knight Center -- Chair Suarez: For the James L. Knight. Ms. Bravo: -- we have bonds -- Chair Suarez: Yeah. Ms. Bravo: -- on that building. Commissioner Spence -Jones: Right. Ms. Bravo: And therefore our bond covenants, I think, require first any revenue generated to go to debt service of those bonds, but obviously, debt service right now is being provided partially through the City's general fund contribution. Chair Suarez: So it will diminish the City's general fund contribution, which means more money will be coming back into the general fund. Ms. Bravo: Correct. Commissioner Spence -Jones: Okay. Wait, wait, wait, wait, wait. Okay. Guys, come on now. Let's -- we got to ask the right questions. I'm trying -- Commissioner Carollo: Absolutely. Commissioner Spence -Jones: -- we can't -- we put all -- we spend all this time on Children's Museum, right, and we're about to vote on the item on Children's Museum, which still, you know, needs to be hammered out. I trust the City Manager's going to do that. I'm cool with that, okay. But then we skating over Gusman and we're skating over James L. Knight. Ms. Bravo: No. Commissioner Spence -Jones: So I want to be clear on Gusman. Ms. Bravo: Right. Commissioner Spence -Jones: Andl want to be clear on James L. Knight. Ms. Bravo: Right. Commissioner Spence -Jones: It seems like James L. Knight at this point, we really won't see any revenue from this -- let me finish -- at all until actually we're pay -- these dollars that we're getting pay down the debt on the bonds, correct? But this is not really revenue that we can really count on, correct? City of Miami Page 38 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Ms. Bravo: Inasmuch as right now we're making debt service payments with general revenue, now we would be making it -- those payments with the revenue from the sign, then that freezes up an equal -- Commissioner Spence -Jones: Monies -- Ms. Bravo: -- amount of general revenue (UNINTELLIGIBLE). Commissioner Spence -Jones: That we would have been using from general fund to pay this, so that make -- Ms. Bravo: Correct. Commissioner Spence -Jones: -- makes a lot of sense 'cause we're covering something that we don't have to use our money to do now so that helps. Commissioner Carollo: Yes. Commissioner Spence -Jones: And that's to the tune of how much again that we're estimating? Ms. Bravo: Our estimates for the James L. Knight Center, because it's on off way -- a highway off ramp, it's a little different than a sign next to a main line, we're estimating anywhere 300 to $450,000 a year. Commissioner Spence -Jones: A year. Ms. Bravo: Right. Commissioner Spence -Jones: Okay. That we will earn for us? Ms. Bravo: Yes. Commissioner Spence -Jones: And right now we pay on -- we pay -- from the City's general fund we pay how much? Ms. Bravo: The general fund contribution, I believe, is the range of $2 million towards debt service on the James L. Knight property altogether. Commissioner Carollo: Regardless. Commissioner Spence -Jones: Okay. Finance, listen, we don't -- all of us sitting up here, we don't ever need to rush through anything until we fully under -- I'm not voting on nothing don't understand, so I want to make sure that a two -year -old can understand it by the time we finish. So CFO (Chief Financial Officer), can I be clear? Can we be clear? She's saying that the 200 -- $300, 000 -- you said per year, right? -- will go towards the $2 million that we owe? That's all we owe is 2 million, $2 million per year. Janice Larned (Chief Financial Officer): Two point seven million dollars. Commissioner Spence -Jones: Per year. Ms. Larned: Yes, ma'am. Commissioner Spence -Jones: So this is just really just taking a piece out of it, so we still have some money that has to come from the general fund -- City of Miami Page 39 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Ms. Bravo: Correct. Commissioner Spence -Jones: -- to make up the difference. Ms. Bravo: Correct. Commissioner Spence -Jones: Okay, got you. All right, thanks. So back to now the Gusman -- you're not done yet, chica. Chair Suarez: Chica. Ms. Bravo: Chica. Commissioner Spence -Jones: So explain to me Gusman 'cause I want to understand this 'cause I'm not getting it. Ms. Bravo: Okay. Well, the Gusman building, first of all, is operated by another entity now that we would be entering into a settlement agreement in the near future and -- Ms. Bru: Alice, ifI may. The Gusman -- Chair Suarez: Can I jump -- Ms. Bravo: Correct. Ms. Bru: -- is a piece of property, it is a building that is owned by the City ofMiami, and at this time it is subject to a lease with the partnership that is managing the affordable housing and the retail component on the ground floor, and subject to the management agreement that this group headed by Herman Echevarria has to manage the theater is controlled by the City. Neither the group that is managing the affordable housing nor Mr. Echevarria at this time have any right to control any revenues generated by the building from the business of outdoor advertising, which is not what either of them have been hired or have been retained to do. So at this point -- Commissioner Spence -Jones: It's the City's money. Ms. Bru: -- it's the City's money, to be used in accordance with whatever restrictions there are about bonds and so forth and so on. Commissioner Spence -Jones: Very good. So I just want to be clear, so that means whatever we vote on today, that goes to our bottom line, the general fund, and then we decide how that money's actually being spent? Ms. Bru: Correct. Commissioner Spence -Jones: I hope you hear this, Herman, 'cause -- Unidentified Speaker: We don't have a management agreement with the City yet. Commissioner Spence -Jones: Okay, I just want to be clear. Ms. Bravo: Correct. Commissioner Spence -Jones: So that dollar amount is what? City ofMiami Page 40 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Ms. Bravo: The estimate -- Commissioner Spence -Jones: Estimated. Ms. Bravo: The estimates for the Gusman, I've gotten different ranges, some less than the James L. Knight Center. Commissioner Spence -Jones: Can you just tell us what those are? Ms. Bravo: So maybe in the $250,000 range. Commissioner Spence -Jones: A year. Ms. Bravo: Yeah. Chair Suarez: And can I just say one thing on that 'cause it goes to your point. I think we're subsidizing the James L. Knight this year in our budget to the tune of how much? Two -seventy. So we took general fund money to -- Commissioner Spence -Jones: No. I'm clear on -- Chair Suarez: -- cover the operating loss. Commissioner Spence -Jones: And that's great. Chair Suarez: Right. Commissioner Spence -Jones: And l just think public needs to understand this 'cause it looks like we're just voting on items to put signs in the City and we need to be clear of what the revenues going to be coming out of all of this. So I'm clear so long as -- I understand that Gusman -- the City ofMiami gives that money in their bottom line. On the -- last but not least, on the Children's Museums, so I'm clear, those numbers are what? Ms. Bravo: Okay. On the Children's Museum, basically, the amount that the Children [sic] Museum receives, per their contract, 20 percent of that will be the contribution to the City. Commissioner Spence -Jones: Okay. I know you gave me an estimate. Can you tell me -- Ms. Bravo: Correct. Commissioner Spence -Jones: So the public -- 'cause we don't need to hide anything. Let the world know what that -- what it's estimated to be. Ms. Bravo: Based on the assumption that they'll be placing an eastbound sign and a westbound sign, we're assuming that that would yield the Children's Museum roughly $800, 000 a year; therefore, the City's share would be, 20 percent of that, roughly $150, 000; plus, we would also be receiving an annual reoccurring permit fee of $252, 000, for a total of roughly $400, 000 a year. Commissioner Spence -Jones: Okay. So from all of this -- Ms. Bravo: And that's our -- Commissioner Spence -Jones: -- we're estimating a million dollars towards the City's coffers? Ms. Bravo: Correct. City ofMiami Page 41 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Commissioner Spence -Jones: I mean, that just makes it -- you have to make things so plain so that people understand this isn't a million -dollar investment. I mean, this is a million -dollar -- Commissioner Gort: Reoccurring revenue. Commissioner Spence -Jones: Right, reoccurring revenue that we're going to bring into the City that was not there before. Ms. Bravo: Correct. Commissioner Spence -Jones: Okay. Chair Suarez: Okay. Let's work our way to the right 'cause they haven't had a -- the right hasn't had a chance to speak. But I just -- before recognizing Commissioner Carollo, I just wanted to say that had come up with nine examples in my two years where the City had -- and l forgot the tenth one, which we did today. We withdrew the sanctioning of temporary banners on the Herald site, so that's ten. So I haven't gotten ten sets of e-mails thanking us for all those things and then, you know, the one or two -- Commissioner Spence -Jones: Please thank him right now on the record. Chair Suarez: -- so I'm hoping for -- I'm hoping that -- Commissioner Spence -Jones: Thank him. Chair Suarez: -- I'm going to get -- Ms. Bravo: Thank you, Commissioner Suarez. Chair Suarez: -- either one e-mail with a ten or ten separate e-mails. I would prefer ten separate hundred e-mails, which is a thousand e-mails. That would be better for me. But in any event, Commissioner Carollo, you're recognized. Commissioner Carollo: Thanks, Mr. Chairman. And by the way, Commissioner Spence -Jones, you said know a lot ofyou or most ofyou think that I'm crazy. I didn't. I actually -- Commissioner Spence -Jones: No, we never thought you were crazy. Commissioner Carollo: No, no, you. You said that -- Commissioner Spence -Jones: I called you crazy? Commissioner Carollo: No. That you said I know most of you think that you -- Commissioner Spence -Jones: Oh, yeah, yeah. Commissioner Carollo: -- are crazy 'cause you're asking all these questions and -- Commissioner Spence -Jones: Well, they probably think I'm crazy, though. Commissioner Carollo: Actually, no. I mean, they were on point, and realistically, you made my job a lot easier, soI appreciate that. Now -- andl know a lot of these numbers is going to come back to us, but Alice, you're mentioning estimated -- the estimated amount and 20 percent off that, but what amount the minimum guarantee of 500, 000 ? City of Miami Page 42 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Ms. Bravo: Correct, correct. In the -- Commissioner Carollo: 'Cause there's going to be a minimum of 500, 000. Ms. Bravo: Right. In -- Commissioner Carollo: But how much will we get from that? Ms. Bravo: Well -- Commissioner Carollo: From what you've negotiated thus far? Ms. Bravo: Right. In the contract that the Children's Museum already has, they've established a minimum guarantee of $500, 000 so that they would have an amount that they could budget against every year as a minimum. So although revenue estimates that we were able to put together by consulting with different entities puts us way above that number, so in every scenario they -- there's sufficient funds for us to receive a full 20 percent. But what we accorded with the museum since they've set out to do this for their budgetary purposes is that we would honor the same 500,000 minimum that they have in their agreement today. So with the revenue forecast we have, even very conservative forecast, they receive their 500,000 minimum guarantee, there's still sufficient revenue for us to get the 20 percent. But in a case that revenues were to drop dramatically where the total revenue is 600, 000, then at that point their 500,000 minimum kicks in and the City would receive 100,000 in addition to the permit fee of 252, 000. So we would -- in that scenario where their revenue is 600, 000, we would still, between the two amounts, receive 350, 000. Commissioner Carollo: Let's go back to 500, 000. Ms. Bravo: Okay. Commissioner Carollo: The minimum guarantee. If they receive 500,000 -- and I'll wait on Commissioner Spence -Jones 'cause I know she want to listen to it also. With regards to the 500,000 minimum guarantee -- in other words, if all else fails, they will get $500, 000. Ms. Bravo: Correct. Commissioner Carollo: From that $500, 000, what percentage does the City get as far as what you've negotiated thus far? Ms. Bravo: We get everything above the 500,000 up to fulfillment of the 20 percent. Commissioner Carollo: Right. So what you're saying is if they get a minimum guarantee of 500, 000, we get no piece from that? Ms. Bravo: If that's the only revenue coming in to them, correct. Commissioner Carollo: So they have a minimum guarantee of 500, 000; we do not. Commissioner Spence -Jones: Okay. So let -- so -- this is the stuff I'm talking about. You know, it's like missing the most important key information. So for me to sit on the record, not only for the people watching it, but the people that are sitting here, I just made a statement that we're going to make almost a million dollars a year. Ms. Bravo: That's our forecast. City of Miami Page 43 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Commissioner Spence -Jones: Right. But there's a strong possibility -- at this point Children's Museum is saying they want their piece first, okay, and then that's the reason why I said from day one that I don't want it to be off of net of their money. I want it off of gross of the entire thing. Ms. Bravo: Right. Commissioner Spence -Jones: So therefore, we don't have to wait for them to cut us a check. We want -- the advertisers are actually cutting the checks to make sure our money comes off the top. Ms. Bravo: Correct. Commissioner Spence -Jones: So that's never an issue for us. Ms. Bravo: And the negotiation that we have is that, basically, the revenue would be split on a monthly basis and, therefore, that calculation would be done on a monthly basis and we would be receiving revenue on a monthly basis. Commissioner Spence -Jones: Well, I think what the Commissioner is saying is we don't like that deal. We don't like the -- they got to get their $500, 000 first. I think what we're saying is we want it -- like I said five times before you even got out here, I kept saying it to you, no, Alice, this is what we want. So now I'm going to make it real clear, is that we need it off the gross of the entire amount so we don't have that as an issue. We know we have a check no matter what coming. Andl -- not that I don't think Berkowitz -- Mr. Berkowitz would not make sure we got our money, but just in case he wants to transition into doing something else, you know, we can't hold him accountable after that. If somebody else decides to sit in his seat and do that, do what he's doing, we want to make sure that no matter what, we get our money. I mean, am I wrong? Am I --? Herman Echevarria: May I clarify -- Commissioner Spence -Jones: Please -- Mr. Echevarria: -- something? Commissioner Spence -Jones: -- can -- does that -- are we okay with that? Does that make sense? Chair Suarez: What was the question? Commissioner Gort: What this stating is instead of have the first $500, 000 go to the Museum, their 20 percent should be taken out a monthly basis. Ms. Bravo: Correct. Commissioner Gort: That's what she's stating. Ms. Bravo: Right. So that 500,000 -- Commissioner Gort: And let me tell you what it does. Ms. Bravo: -- is spread over 12 months. Commissioner Gort: Individual -- it creates an incentive for individuals to go out and try to make sure they get additional advertising and they get the best deal in the world. Ask the question. City of Miami Page 44 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Commissioner Spence -Jones: I mean, I -- all I'm saying is 20 percent of gross and that should just be all the way around. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, you're recognized. Mr. Echevarria: I need to make a statement. Chair Suarez: Sure. Come to the podium. Commissioner Spence -Jones: On one condition. What's the condition? Mr. Echevarria: I just want to make a very clear business clarification. Commissioner Spence -Jones: Okay. Your name. Mr. Echevarria: My name is Herman Echevarria. I'm chair of the Olympia Center, Inc. Twenty percent of the gross in any business you do is 70 percent of the profit. Why? You have operational costs, investment costs, maintenance costs. So when I heard 20 percent of the net, make sense. But when we talk about 20 percent of the gross, then this is the total, total, totally completely taking money from -- in my case, might as well not even put it up. Commissioner Spence -Jones: Right. But, Herman, that's why -- but let -- Mr. Echevarria: You're on point. You're on point. Commissioner Spence -Jones: But what I'm saying to you, Herman, you're not helping the argument right now. I'm just telling you that. That's the reason why I just asked them -- I leaned over andl said, Herman, you understand what they're saying. Mr. Echevarria: And that's why I said -- Commissioner Spence -Jones: At this point you're not even in the equation. Mr. Echevarria: I know I'm not, but as -- Commissioner Spence -Jones: I just telling you because -- Mr. Echevarria: For the future. Commissioner Spence -Jones: -- what Administration just said -- Mr. Echevarria: For the future. Commissioner Spence -Jones: -- is that it doesn't -- you -- they don't have an agreement with you, so at this point this is money that's going to our bottom line, to the City's coffers. Mr. Echevarria: It's not going to your bottom yet because you have not built the billboards yet. Commissioner Spence -Jones: No, no, meaning going to our general fund. I'm speaking -- now I'm speaking in reference to Gusman and James L. Knight. I'm speaking to those things, okay. The only outside entity outside of City government that we're dealing with in this particular issue is the Children's Museum. City of Miami Page 45 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Mr. Echevarria: No, andl understand that. And I'm saying we are not -- since I'm going to be before you in the near future with a management agreement of the building, of the Olympia building -- Commissioner Spence -Jones: Right. Mr. Echevarria: And we've talked about that. Commissioner Spence -Jones: But then we'll with that when you bring it back. Mr. Echevarria: And then -- I know. -- we're going to have to come back after we take over that building if we do take over the building, according to the original agreement we had that stipulates that's under the bond to be happen. Then we're going to come back with a negotiated agreement that you talked about with the City Manager on the mesh, LED, whatever we call this thing, okay. Commissioner Spence -Jones: Right. Mr. Echevarria: At that time, perception is that 20 percent of the gross, or whatever that generate, is going to come towards the City, correct? Commissioner Spence -Jones: Okay. Mr. Echevarria: And whatl want to -- Commissioner Spence -Jones: Let me respond to your statement. First of all, you're making a statement based upon what they have proffered for 20 percent, but that doesn't mean that the City Manager's going to negotiate that with the other -- it could be 5, it could be 10, it could be 2. Mr. Echevarria: I just want to make sure we understand. Commissioner Spence -Jones: I don't know what it's going to be. Mr. Echevarria: Because we mention the word gross -- Commissioner Spence -Jones: Right. Mr. Echevarria: -- in any business, you have a cost of operation and it comes about 70 percent of the profit. When you mentioned 20 percent of the net, which I originally heard from the Museum -- and I'm just listening. I'm not just an observer here -- it makes sense, but when you say gross, those numbers have to come down dramatically because if it's not, then the City takes all the money. Just for clarification. Thank you. You're being very specific. Commissioner Spence -Jones: On one condition, can I have your pair of keys, please? Mr. Echevarria: My keys? Commissioner Spence -Jones: It's a joke. Mr. Echevarria: I know. My driver's got them. Commissioner Spence -Jones: I'm done. I mean, I just -- Chair Suarez: I think we're done. City of Miami Page 46 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Commissioner Spence -Jones: -- want to make sure you got what my proffer was, right? Chair Suarez: Commissioner Carollo, you may continue. Commissioner Carollo: Thank you, Mr. Chairman. By the way, when we talk about net, I'd like to know what expenses are the net. 'Cause I know Mr. Echevarria mentioned as far as, you know, you have to take out the expenses. I want to know what expenses has to be taken out for the billboards. It seems to me like the companies are pretty much doing everything and they're giving them X'amount of minimum guarantee of $500, 000. Therefore -- Mr. Echevarria: Do you want me to answer? Commissioner Carollo: I'm sorry? Mr. Echevarria: We're not -- Commissioner Spence -Jones: It's really not -- Commissioner Gort: You got to -- Chair Suarez: Guys, you got to come to the mike -- Commissioner Spence -Jones: -- a question -- Commissioner Carollo: Yeah. Chair Suarez: -- if you're going to -- Commissioner Carollo: Yeah, it's -- Commissioner Spence -Jones: -- for you, but -- Mr. Echevarria: If we take this building and if we build this, which we intend to, there is a capital improvement of about two and a half, three million dollars to build this thing; has to be financed. There is electronic maintenance that has to be in changing -- this is like a movie, what's going to go on there. We're going to be filming shows inside for the public -- general public to see it for free. We're going to be placing advertisement or information about the City as part of this new -- which we always -- by the way, we're going -- we offered that before. We said this is the right thing to do. I mean, it's the hurricane, you want to tell people what to do; if there is a recycling, whatever. This is something that is normal to do. Commissioner Spence -Jones: Yes. Mr. Echevarria: All this require people behind computers making all these changes, so there is a cost of maintenance. There is a cost of capital improvement. In our case, we may not even contract any of the -- we're going to do it ourselves -- Commissioner Spence -Jones: Right. Herman -- Mr. Echevarria: -- and finance it ourselves. So what I'm saying is there is cost, and so that answers your question. Commissioner Spence -Jones: Right. Herman, but, technically, we can't really have this conversation with you now -- City of Miami Page 47 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Mr. Echevarria: I know, but was -- Commissioner Spence -Jones: -- because we can't put the cart before the horse because it's really not -- Mr. Echevarria: I know, but the question was asked. Chair Suarez: Can we move on? Commissioner -- Mr. Berkowitz: Mr. Chair, I just wanted to clarify something Commissioner Spence -Jones was suggesting, that if Berkowitz -- something about if Berkowitz leaves. I need to clam that am a volunteer. Commissioner Spence -Jones: Right. I know. My comments -- so you're clear on my comment. My comment is none of us are going to be here forever. Mr. Berkowitz: I know that will not be. Commissioner Spence -Jones: Right. I know I'm not going to be here forever, you know what I -- Mr. Berkowitz: You're on the dais. Commissioner Spence -Jones: So -- I don't know if I'm going to be here forever. So my point was not to be disrespectful. It was simply to say there might be other things you may move on to and we just want to make -- even though you're making the commitment -- Mr. Berkowitz: I'm going to heaven. Commissioner Spence -Jones: Right, so am I I'll see you there. But we just want to make sure, beyond any one of us that's sitting here, this agreement still will exist. Mr. Berkowitz: Okay. Commissioner Spence -Jones: And this -- the agreement will -- Mr. Berkowitz: May I clarify this -- Commissioner Spence -Jones: Sure. Mr. Berkowitz: -- gross versus net? Commissioner Spence -Jones: Okay. Mr. Berkowitz: We signed the contract. We negotiated this agreement over a period of a year, and there is a -- there's a set off for certain expenses to be incurred by the sign company and then we get 45 percent of it. And what we're saying is we're -- that's our -- that is the net but it's our gross. Commissioner Spence -Jones: But -- Mr. Berkowitz: And we're offering a percentage of our gross. We're offering -- Chair Suarez: Right. City of Miami Page 48 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Mr. Berkowitz: -- 20 percent of our gross. Commissioner Carollo: Right. And -- Commissioner Spence -Jones: But -- Commissioner Carollo: I'm sorry. And when I was spoke, that's what -- Mr. Berkowitz: That's what you said. Commissioner Carollo: -- I was speaking -- yeah. I was speaking more to yours, but Mr. Echevarria wanted to address it -- Commissioner Spence -Jones: Right. Commissioner Carollo: -- and, you know, out of courtesy, I just let it go. But, yeah -- Commissioner Spence -Jones: And -- Commissioner Carollo: -- I was addressing more your issue, which is your -- actually, that money is actually, to a certain degree, net coming to you. That's all profit. And we're getting a percentage of that. Commissioner Spence -Jones: Right. And -- Commissioner Carollo: So it's just -- it's different. Mr. Echevarria, it's just different. Commissioner Spence -Jones: -- personally, I -- personally, this -- you know, the negotiating that took place over a year or whatever, that's really not a Commission -- that's -- that -- first of all, it means absolutely nothing, the negotiation that you might have had over the year, until it comes in front of the City Commission, which is right now where -- Mr. Berkowitz: No. I'm talking about this is an agreement that we're bound by with the sign company. The other thing I want to point out -- Commissioner Spence -Jones: But -- Mr. Berkowitz: -- is that at an absolute minimum, you're getting $252, 000 from the sign company. Commissioner Carollo: I'll address that. Mr. Berkowitz: Okay. Commissioner Spence -Jones: Right, right, but -- yeah. Commissioner Carollo: I'll address it. Andl want to address that for a second, and Commissioner Spence -Jones, it goes to a lot of what you said because in the last Commission meeting, that's not what we were told, so you know, it goes a lot to what you said. You want to be crystal clear prior to you taking a vote is something that) have mentioned) don't know how many times. And since we're talking about the business terms, the financial, I'll touch upon that a little bit, and then I'll go back to the memo issued by Mr. Cuevas and, you know, my thoughts on it. But since we are talking about the business terms, I do want to mention that. And the first thing) want to state is, you know -- and this is to the Manager. Mr. Manager, I implore you to have our financial people get involved in these negotiations. I implore you to. You know what a City of Miami Page 49 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 fight have put to bring in quality financial people and I'm saying we need a CFO, we need a financial director, a finance director. You know what a fight have put. I implore you to involve these people in the negotiations. Unidentified Speaker: We have. Commissioner Carollo: Okay. And by the way, and give them time to digest the terms and so forth. Ms. Bravo: They've been involved every step of the way. Commissioner Carollo: I would disagree only by what you all mentioned in the last Commission meeting and what we have before us now. I can take it right off the record where you said that approving this would be $430,000 total, okay, to the City ofMiami's coffers, andl'll even give you the breakdown. The breakdown was $250, 000 estimate from the James L. Knight Center, 200 -- andl could -- andl'll take it right off the record -- $250, 000 from the James L. Knight Center of profit sharing and then the other 180 will be a breakdown of three signs, $60, 000 of permit fees: One sign for Miami Children's Museum, one sign for the James L. Knight Center, and one sign for the Gusman. So when you add those 60 times 3 -- Chair Suarez: A hundred and eighty. Commissioner Carollo: -- which is 180, plus the 250 estimate from the James L. Knight Center Chair Suarez: Four hundred and thirty. Commissioner Carollo: -- 430. That's off the record. That's not what we're talking about right now, okay. First of all, how many signs are we estimating that the Miami Children's Museum is going to put up? Ms. Bravo: We've been discussing that there would be two signs. Commissioner Carollo: Two signs. Ms. Bravo: And at the maximum size, that yields 126,000 per sign -- Commissioner Carollo: Okay. So that has changed -- Ms. Bravo: -- in permit fees. Commissioner Carollo: -- significantly from what the Administration represented to us, and let me be clear. A lot of our votes are based on the Administration preparing us to make an educated decision and that has changed significantly from $60,000 to -- 126 times 2 -- $252,000 just on permit fees for one location. That has changed significantly. In addition, when I asked for when these -- where these signs were going to be located, we have poten -- I have here potentially three locations andl'll show you. So it's not just two signs. It's a potential third sign, which will be an additional permit fee. I don't know if that's been contemplated or not, but I keep hearing, well, it's going to be three signs, it's going to be three signs, it's going to be three signs. No, it's going to be more than three signs. Ms. Bravo: Well, that third sign on the diagram you're referring to, I believe that says for Children's Museum's use, MCM (Miami Children's Museum) dedicated sign so -- Commissioner Carollo: All have is the picture. City of Miami Page 50 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Ms. Bravo: Okay. And therefore, with the two directions of traffic and the FDOT (Florida Department of Transportation) requirements, you could really only have two signs with outdoor advertising out there. Commissioner Carollo: I'm sorry. Say that again. I'm sorry. Ms. Bravo: With the FDOT spacing requirements, since you're within 660 feet of the federal aid roadway, you could really only have two signs on the Children's Museum -- Commissioner Carollo: Got you. Ms. Bravo: -- with outdoor advertising. If they want to put up a third sign that promotes Children's Museum, et cetera, then it's not the signs that are discussed in this ordinance. Commissioner Carollo: Okay. And I'm glad you clamed that 'cause that's something that I think Ms. Bisno mentioned, that we really don't know how many, you know, faces or how many signs. That's something that Commissioner Spence -Jones mentioned, that do the public really know? Well, I could tell you, I, as a Commissioner, don't really know until we clarify it. But I know when I took the vote last time, it was presented it could be at least three potential signs. And off the record -- off the minutes from the record, it clearly stated, you know, even though we could potentially have three signs, it was just going to be one permit fee of $60, 000. That's a big difference from 60 to 252, 000. Ms. Bravo: Well, the formula in the ordinance with regard to what the permit fee, that has not changed from first reading to second reading so the 126,000 is assuming the full size. We don't know the size until it -- the sign is presented to us for a permit. Commissioner Carollo: But you at least knew that there was going to be two signs. And if that's the case, then that's 48,000 times 2, that's 96,000, so at the very least, you know, minus 60, you're cutting us short 36,000. Ms. Bravo: At the last meeting, I -- we did not have a clear idea or discussion with the Children's Museum as to how many signs they were intended to do and what each purpose was. Commissioner Carollo: And let's say that's true. Shouldn't that happen before we go to a vote because we are dependent on the information that you provide us to make an educated vote, and we need accurate information in order for us to make a prudent decision. And that's why I implore the Manager to please include our financial staff you know, at this. Since -- as far as the finances and the amounts, it's going to come back to the Commission. You know, I'm not going to get into all the details. I'd rather it, you know, be negotiated. But I definitely had to put for the record that the big disparity between what we, as a Commission, were told by the Administration would be the revenue -- potential revenues to the City and what is being spoken about now. The other item thatl want to touch -- or issue thatl want to touch is the last time that we addressed this issue -- actually, since the last time that we addressed this issue, the County Attorney, you know, made an opinion and he opined that -- and I've heard a lot of back and forth -- but in essence that these signs will be illegal and we will be in violation of the County code. I understand that we have a difference of opinion. Our City Attorney says that we will not be in violation and the County Attorney says that we are -- that we will be in violation. And the County has to enforce -- I guess they haven't been enforcing. They may not enforce. But I have difficulties approving something that potentially is a violation of County code or, as the County Attorney has opined, is a violation of the County code. I think when two governments that work together have a difference in opinion, you know, the City government and the County government should get together and fix the issue either through legislation, either -- or clarification of legislation or, you know, but the bottom line is I really do believe that the City City of Miami Page 51 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 needs to, you know, proceed with caution prior to allowing any additional LEDs to go forward until we have clarification from the County or we come to some consensus, and that's what I really believe is the prudent thing to do. I'll leave it at that. Thank you. Ms. Bru: Commissioner, ifI may. Before a permit can be issued under this ordinance, if it passes, there's still going to have to be a zoning text amendment that has to take place. So it is my recommendation -- I made it earlier and it continues to be that in the interim until this -- all the legal approvals are in place, this ordinance becomes effective, the zoning text change happens and all that, I do think andl urge the Manager to attempt to clarify this issue with the County. I think that that is the prudent approach before a permit gets issued. Commissioner Carollo: And again, with this vote we put everything in the hands of the Manager. Commissioner Spence -Jones: No, no, we don't 'cause we just said that -- Commissioner Gort: It's got to come back. Commissioner Spence -Jones: -- we've added. That's the only reason I would even remotely think about it is all three of these things have to come back in front of us to vote on because I don't want shades of gray, so I want to be clear andl think that we've already made that clear in this discussion. So, you know, you will have a second bite at the apple, believe me. Chair Suarez: A third or fourth too, potentially. Commissioner Spence -Jones: Yeah. And l just want to clear up something you said, Commissioner Carollo, and piggybacking off of Commissioner Sarnoff. I have grave concerns when, you know, we say that it's okay for them to do something but it's not okay for us to do something, and I'm going to use an example. For example, the Miami Heat arena. All kinds of stuff is advertised on the front of the Miami Arena. And l just think that when we -- it's just double standards, you know. And a lot of times it feels like the little guy's getting picked on, right, but yet and still, they're not walking the same walk. Commissioner Gort: How 'bout the airport? Commissioner Spence -Jones: Okay. So from that instance, it's kind of hard for me to at least go along with them and they're not doing that right down the street from here, so I agree with Commissioner Sarnoff on. It is a double standard situation. They have to make a decision to change that first before they could tell us -- Commissioner Carollo: Or make it right. Commissioner Spence -Jones: -- how we -- or -- before they could tell us how we can create the additional revenue that we need for our bottom line to operate our city, so I don't necessarily want to put a lot of energy on that. I would like to direct the City Manager -- and hopefully I have my fellow colleagues on the same page with me -- to sit down with the City -- the County Manager and whoever's necessary over there to address this issue regarding Bob Cuevas's opinion on this issue because the reality is we do need to -- we can -- we'll vote on this today and whatever the vote is, it is, but we still need to address, you know, this opinion. And if that is the case, then he needs to address his own backyard, which is the Miami Arena, okay. So that I would at least -- and hopefully I have support from my Commissioners, directing you to do that immediately and come back to us and let us know what the status is on that. I do not want to change my recommendation, though, on the gross. I think it's necessary. And I'm not telling you gross of what. I'm not saying it's five. I'm not saying it's ten. It's not saying it's two. I'm hoping that my City Manager can sit down with the entities that are involved in this and come back to us City of Miami Page 52 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 with something that makes sense. So I'm not locking you into an amount. I'm just simply saying that it's important that we get the gross of it and not, you know, waiting for everybody else to get paid and then all of a sudden, we don't have any money. I mean, it makes no sense for us to do it SO. Chair Suarez: The Vice Chair has been very patiently waiting an opportunity to speak on this matter, so let me give him an opportunity. Vice Chair Sarnofff. I think I've changed what I was going to say five times. Let me start out by saying) absolutely believe everybody Commissioner comes up here with a very unique perspective. No doubt, Spence -Jones and Carollo perspective is City coffers and that's an absolute right and duty that they have to protect. You know, Suarez and Gort have a slightly different perspective. I think at times -- and my perspective has always been a little bit towards the quality of life and making sure that institutions that I think are at a certain caliber are preserved. And there's no doubt that Barbara Bisno, Peter Ehrlich, Dusty Melton certainly have perspectives and those perspectives have guarded us and warned us not to go too far with advertising and I guess, in a vacuum, if they weren't there, we might push too far. But I think it's a little ingenuine [sic] sometimes when -- and I think it's very clear Peter Ehrlich and Dusty Melton were both the drafters of the mural ordinance. I mean, they actually drafted it, and) think you did a very, very good job, and Dusty taught you exactly how to do it. And when you were here, you didn't have a problem with the murals, but apparently subsequent to that, you now seem to have an issue with them. But here's the bottom line and -- There's a movie called The [sic] Perfect World. It starred Clint Eastwood and Kevin Costner. And if you remember, Kevin Costner was in a car. He was a felon and he had gotten out of prison. And he had a little boy in the car next to him in a Casper the Friendly Ghost outfit, and he said to him, what's behind you in the rear view mirror is the past. Right here and now is the present. What's in the windshield in front of us is the future. So let me take you all on a time machine ride. Supposing) cowardly cowered and said, you know, I come from the activist community and) was hatched from them. And as an activist and as a quality of lifer [sic], there's simply no way I can put an LED billboard or a LED mural or a LED whatever you'd like to call it on any of these buildings, and) will not allow and afford any of these LED billboards to go up. Certainly not a position I have taken thus far because, candidly, like the Chair said, I certainly was the one promoting if you take down eight faces, you should put up an LED in a neighborhood so that the LED goes up on an interstate or on a highway system. So it's now three years in front. I don't know. What is it, 2015? The Gusman Theater has been closed for 18 months. I'm getting not hundreds of e-mails, but thousands of e-mails asking me how it is I could allow this jewel to have closed and how myopic I am and how short-sighted I am and how I could not manage a McDonald's if I tried. Those are the e-mails I would be receiving for allowing the Gusman to close. As to the Children's Museum, you know, I got to tell you, Berkowitz is dead right, dead right. If we don't give them the capital dollars necessary to improve, they will only fail. If we don't move forward, they will only fail, and we will have what was once known as the Miami Children's Museum out on the Causeway. Andl don't care who wins for the President of the United States in November. Obviously, I do, and I'll give you my thoughts later. But whoever wins is going to be cutting budgets, whoever wins. And the day of living off the government is over and it's going to have to find all the 501(c)3s, all these great institutions. The Kennedy Centers, the Performing Arts Centers are all going to have to find new and imaginative ways of raising revenue. And my question to the activist community is who wrote the first check to the Gusman to make sure it survives? Who will write the next check to the Miami Children's Museum to ensure its caliber --? And in Miami, let me say one thing about us. We tend to either do something right or we don't do it at all, and we haven't done the Children's Museum right just yet. As to the Gusman, there's simply no way I can see the Gusman fail. And anybody who wants to say, you know, the Gusman doesn't belong with an LED billboard on it or whatever you'd like to call it, an LED mural, if you'd like to call it an LED sign, call it what you want. Arva Moore Parks sent me what used to be up there as an LED sign. I guess they didn't call them LEDs then, Mr. Echevarria. I guess they called them big lights, which was its -- I forget what they even call those great big things. City of Miami Page 53 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 But it said The Olympia Theater in great big lights. We tried to go back to 1932, which was about when that was, to see if there was any outcry in the Miami Herald. We just couldn't find anything. So apparently, historically, it has had exterior lights of the size in the state of the art that was unimaginable. As for the County, it's very disappointing to see my friends in the activist community join hands with a violator, the biggest violator of this so-called illegal structure: county ofMiami-Dade. If the county ofMiami-Dade had a thought -- Mr. Cuevas, please think this -- about enjoining the City ofMiami from putting up one of these LED signs, they would have to do so by way of injunction. An injunction is an equitable remedy, which means the judge doesn't sit with his black robe on; he sits with his red robe on. In that red robe you have an obligation to come in front of him with what is called Olean hands. "That means you can't come in as a violator. So as soon as the City ofMiami -- and trust me, Julie Bru is capable of saying this: Judge, the County has the biggest LED display in all ofMiami-Dade County and they're erecting two more. Judge would like over at Mr. Cuervo [sic] and say, is that true? And being the good officer of the court that I suggest that he would be, he'd say, yes. You know what the court would say? You are dismissed, because you cannot go to court with unclean hands. Now whether the predominance of this community thinks that these three structures should not have this, I guess will be subject to a vote some day. Commissioner Gort: Yeah. Vice Chair Sarnoff I guess it'll be subject to someone saying, you know that guy Sarnoff, he led the charge or he helped vote for this or whatever. My only vote here today is not to add to the City of Miami's coffers, though do respect the two Commissioners thatl absolutely know want to do so. My vote here today is very simply to ensure the Children's Museum is not only acceptable, is not only good, but it is viable and great for years to come. My only vote today is to make sure the Gusman is not just an okay movie hall, if you will, but that it thrives, that it has this economic vibration, if you will, up and down Flagler, a boulevard that one day was the life center ofMiami and could be that life center again. We have done everything as a Commission that we can do to -- I don't want to use the word insult. And maybe to Mr. Berkowitz as well, these are all volunteers. These aren't guys making dollars out of this. These aren't gentlemen -- You know what they are, all due respect to you guys? You're affluent gentlemen who have more years -- certainly Jeff you -- behind you than you have in front of you, that have decided that it's time to give back. This is my legacy. This is what I want to be remembered for and by. And for you, Mr. Echevarria, it will be the Gusman, I hope, and other things. And Jeff, you'll be remembered for many other things, but most importantly for the Children's Museum. So there's nothing want to do to insult you, other than to encourage you. With regard to the James L. Knight Center, you know, the James L. Knight Center is probably the ugliest structure downtown, with the exception of the county buildings, which they've just continued to outdo themselves with ugly. Chair Suarez: The School Board ones are pretty ugly too. Vice Chair Sarnoff Yeah, I agree. That's a county building, so I got to say. But from the City's perspective, it's just not a good-looking building. An LED display is only going to enhance it. Yes, I did say enhance it because it's a concrete bunker and it's an ugly concrete bunker. And if the City ofMiami makes money and we were able to pay and help close a budget hole, then so be it, and support the two Commissioners whose aim it is to do that. So it's pretty clear to me that my vote here today is for these three structures -- of course you give them the framing legislation necessary to allow us to proceed forward and further into this endeavor and hopefully with the aim of making the Children's Museum a first-class institution that I think it can be under Mr. Berkowitz's stewardship, and have worked very closely with Echevarria and think he's tired of seeing me and think I'm tired of seeing him because we see a lot of each other. And really believe Herman will make us very, very proud of the Gusman, andl think the Gusman will be the economic vitality and relife [sic] to a very old street known as Flagler that has come and seen its -- has its best times I think are in front of it, although most would argue it's behind it. But I think City ofMiami Page 54 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 the best times of Flagler are in front of it, andl think with Herman and, to be candid with you, with Carlos Gimenez, who is also shouldering a lot of the burden with regard to Flagler, as we've had meeting after meeting with him, and he has taken a personal interest in Flagler, I really believe Flagler's best days are in front of it. But we need to do things to help people. And while I respect that many of the Commissioners up here want to make sure the City ofMiami gets its fair share,'My vote today is not because of that fair share. My vote today is in spite of that fair share, I want to ensure that these three great -- well, two 'cause there's only two that concern me -- two great institutions are viable and not viable at the discretion of a Commissioner every year in front of a budget process when very affluent gentlemen have to come up here and say, Commissioner, we need $160, 000 loan because the bricks on the building are falling down, followed by well, that didn't -- that pin in placement didn't really work, followed by somebody coming up and saying our displays are so old, the kids don't even want to come into the museum anymore and there's new state -of -art stuff and -- I think today we really need to set the table and allow these institutions to move on and move to a different place, andl think there are more institutions to come before us. I think, if we want to preserve the Performing Art [sic] Center, we want to perform Virginia Key Trust, if we want to preserve some of the institutions we care about, we've got to find profit centers for them if they're going to survive. And if they're not going to survive, then so be it; let's make a policy decision that we should end them now. That's my thoughts, Mr. Chair. Chair Suarez: Thank you. Commissioner Gort. No? Okay. Commissioner Spence -Jones: I just want to -- can addjust two seconds? Chair Suarez: Sure, and then I want to two seconds as well, and we can wrap it up and vote. Commissioner Spence -Jones: Eloquently said, Commissioner Sarnoff. I think that at least I can say from my perspective, I have no issues with the preservation of the Gusman Theater. As a matter of fact, before you got here and even while you remained here, I was a big supporter and always been a big supporter of making sure that the Gusman received support to even keep its doors open, so that's never -- that was never the issue, and same thing with Children's Museum. Debbie knows that I support the Miami Children's Museum. This is not about the Children's Museum. And l just -- when we make statements, it's really important -- I know what you -- I know your communication was that you're respecting the fact that, you know, we -- the two other Commissioners that was focused on the bottom line and the City, you know, and how important that was to make sure we had monies in our coffers, which is true, but I'm sure both of us agree with supporting both institutions. That's not the point. The difference between -- andl can't speakfor any other community, butt can speakfor Liberty City, Overtown, Little Haiti, the -- Wynwood, the areas that represent. The additional revenues that come into our city, whether or not that be a million dollars or so, represents more fire, more police, more parks programs, and essential services to communities that, quite frankly, don't have options. The difference between - - and not saying anything about Jeff or saying anything about Herman. I think that they're great, upstanding citizens that they want to step in to support failing ventures that we have -- the City has, the one thing that they have is options. He has an option to do it. He has an option to do it. And the neighborhoods that we represent or I represent -- can't speak for the rest of them - - but can say in the neighborhoods that represent, people elected me to make sure that I fight for them till the very end, and if that means having an extra million dollars in our coffers so I don't have to close a park earlier or I can keep the pool open throughout the whole entire summer because guess what? Some of them won't have summer vacations. Their summer vacation is right there in Little Haiti Park. So if their Commissioner does not fight to the very end for the least of the least, the poor children that don't have anything else -- every single week I have a police shooting happening in my district andl don't have enough police to roam the streets, that's extremely important for me. I respect your viewpoint andl support it, but you have to also understand that we sit in two different chairs. So my job becomes to fight for the little people that don't have options. So that's why the money's important to our coffers. So even after City ofMiami Page 55 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 I'm gone and out of this seat and decide to move on to something else, the little children that run around in Little Haiti, Liberty City, Overtown, Wynwood, Allapattah 'cause we share some of that together, will at least know every year they got a million dollars coming to their coffer so that their quality of life is not destroyed. So I just want you to -- it's always important to hear both perspectives andl respect it, but I want you to understand what we fight for. Vice Chair Sarnoff And I think that was well put. And if you remember what I started out, I think everybody has -- Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff -- a different perspective. Commissioner Spence -Jones: I just wanted to -- Vice Chair Sarnoff Oh, I do, and I think you said it very well. Commissioner Spence -Jones: Andl want -- and the reason why I'm saying 'cause I want them to understand it because sometimes we get caught up in our own worlds and we don't understand that some people don't have any other options, so as elected officials, we have to make sure we do our part to make sure that they do. Chair Suarez: Commissioner Gort. Commissioner Gort: Just a little statement. I don't speak that much, but the -- I agree with you, andl believe we do need the revenues, but at the same time we need to understand that there are additional benefits by maintaining this institutions. The reason being, you can create more jobs, you can create additional amenities. I mean, tourism is the only industry within the South Florida right now that's creating jobs. We are training people in your neighborhood and my neighborhood to be able to serve under this. This we also -- I agree with you. We need reoccurring revenue constantly and we're going to work for that. But at the same time, when we look at the project, I look at the revenue we're going to receive, but I'm also looking the additional benefits that this institution can apply that we can get the benefits. I mean, I'm sure we're going to have -- create employment. I'm sure we're going to create visitors to come and they wanted to see the facility. Gusman, I remember -- and I'm going to give my age out this time -- Elvis Presley playing at Gusman. The amount of people that were there that were visiting at that time and the amount of jobs that we're creating, and that's what we need also. So those are the facts that I look at. And agree with you and Commissioner Carollo andl think we need to continue to get as much reoccurring revenue as we can. My office have been able to save at least about $10 million in working together with the Administration and with the people, andl think that's what our goal is. Commissioner Spence -Jones: And Commissioner -- Commissioner Gort: And I'm ready. Commissioner Spence -Jones: -- it's just -- all I'm saying in the midst of this, there's a balance in all that we do. Commissioner Gort: It's a balance. Commissioner Spence -Jones: And we all have to respect where each other sits and that was really the point. It wasn't taking anything away from Herman or Jeff. It's simply saying that we also have to be concerned about keeping our doors open. Our City employees, every single last one that's sitting around here that's going to be worried about the next budget series and we're City of Miami Page 56 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 going to be sitting in there making a decision about their livelihood, their families that they have to take care of but -- not saying anything negative -- Jeff and Herman can go home and they're going to be all right, but that little groundskeeper in Parks Department that makes 18, $19, 000 a year, that takes care of their families, that's a real 18, $19,000 so we have a responsibility to them as well. Chair Suarez: I agree. I think -- you know, I think it is a big part of what we're doing here. And just to digress a little bit and then hopefully we'll -- I'll pass it to the Commissioner to wrap it up. You know, look, I'm, by no means, a fan of outdoor advertising, but I think it's funny that -- somebody was reminding the other day who's in the historic preservation community that the Coppertone baby, that's a Class C sign, by the way; that that is a historical sign. They would not allow it to be taken down, which is incredible because, you know, there's this whole debate about whether advertising is, you know, positive or negative or ugly or visual pollution or not, and this is a sign that has been up there and it has become a part of the fabric of the City ofMiami and of downtown and of what we all know. Everybody can remember, you know, going through downtown and seeing the Coppertone -- the little dog, you know, with the little girl and the -- you know, it's just a very, very rich part of our history. So you know, they were not allowed to take it down and so, you know, it's just -- I just find that interesting and, you know, we get lost a lot of times in the discussion here, but sometimes we lose a little bit of perspective, I think. Commissioner. Commissioner Carollo: Thank you, Mr. Chairman. Real quick, first of all, I'd like to, you know, thank Commissioner Spence -Jones for those words that you said because, again, it's making my work a lot easier because, yes -- and I'll be honest with you. I spoke to Ms. Spiegelman andl mentioned about, you know, kids in Little Havana and going to the museums because I haven't heard many kids in Little Havana actually being able to go to the museums, so that's something that we spoke about. And I'll be honest with you. She even, you know, reached out to me I guess a month or go or so with regards to the baby changing station, so it's something that, you know, I want to work with them. And let me be clear, you know, with regards to -- and let me start off by, you know, thanking Mr. Berkowitz because I know he had a strong position with regards to the profit sharing and over time, you know, he's up and even changed his position, so I appreciate that. Andl want to -- Mr. Berkowitz: (UNINTET,TIGIBT,F), Commissioner. Commissioner Carollo: So anyhow -- but -- andl appreciate that, Mr. Berkowitz. And you know what, I will confess something. You know, it was mentioned to me by a couple of people that, you know, you may not be so nice and that there was some type of you know, let's say, campaign where it's going to be negative and caricatures and maybe, you know, stuff like that. And to be honest with you, it got me off guard 'cause I said, you know, I have found him to be very pleasant to, you know, speak with and -- as well as everyone else. Andl guess these people know that usually I don't take threats very kindly. But with that said, you know, I said, I findMr. Berkowitz to be, you know, very pleasant; and the truth of the matter is that, you know, you did change your position. Andl want to say that in all fairness, I didn't do this haphazardly. You know that I asked for the financials. You know I was looking at, you know, the true numbers without just doing decisions out of the blue. So you know, there were some thought process to that. And as you very well know, I do look at the financials. It's not just asking for it and putting it to the side. So, you know, when I did ask with regards to profit sharing -- andl know it's still not a done deal. You still have to negotiate or I don't know where the negotiations are with the Administration. And you even saw my baffled look when you're making -- when you were telling me about the permits, and I'm like, no, I know what was, you know, mentioned on the record and it's -- realistically, it's from day to night. And you're right, the City will probably obtain a lot more revenue just from the permits fees alone. So realistically, you know -- and everyone that is here andl see someone from the signage company which, doing a little research, it appears like very reputable company, and realistically, I think everyone's working in good faith so I do City ofMiami Page 57 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 appreciate that andl appreciate my colleague mentioning with regards to why we fight so hard for profit sharing or for revenues to come to the City ofMiami. With that said, the last thing do want to mention -- I still have to admit, I'm uncomfortable, not being an attorney, not knowing about red robe or black robe and all this stuff -- andl would want, you know, clarity from the County. I would want the City and the County to come together, and you know what, if it takes legislation, let it be legislation if they're violating. And by the way, I read the memo. It appears from my interpretation -- again, I'm not an attorney -- that, yes, the County is violating their own code. But you know what, if that's the case and they feel strongly about it, you know what, then pass legislation and, you know, let's make it right 'cause I do, I feel uncomfortable, you know, passing something that apparently is illegal or a violation of County code. So I would really want for it to be, you know, clamed and decided already so we can move forward. And again, I'm saying that -- andl know you have an advantage; you're an attorney. Commissioner Suarez, you're an attorney; you could, you know, comprehend maybe more, but I just see so much cloudiness that I would want, realistically, a legal opinion or something to put, you know, at ease already. Chair Suarez: No, I think that's fair. And I think the County recently -- I think as recently as a few months ago -- had legislation that would have I think settled the issue once and for all and it did not make it out of committee Commissioner Carollo: And by the way, that's -- I think that was proposed by Commissioner Barreiro -- Chair Suarez: Yes, it was. Commissioner Carollo: --from the County, which everybody knows I work very close with him, 'cause I -- Chair Suarez: Right. Commissioner Carollo: -- do believe the City and the County should work together, and our district overlaps, and that's why, you know, as far as the opt -out, he actually put it there -- Chair Suarez: Yes. Commissioner Carollo: -- and it failed, so I'm a little confused with regards to do we really opt out, can we opt out, andl just need clarity, andl would like for the County and the City to come together and give clarity to everybody so there's not people coming and saying, hey, you're passing an ordinance that's a violation to your own code, to the -- Chair Suarez: Right. Commissioner Carollo: -- County's code and -- Chair Suarez: I think the answer is that we can opt out of some parts of the code. And there is an interpretation, a legal interpretation which says that the part that we can't opt out of is still legal for other reasons, okay. So if you allow the City to opt out completely, you just make it simple because then the City just can regulate itself and there's no dispute as to whether there's a misinterpretation of County code or whether one attorney looks at it one way or another attorney looks at it the other way. So I think, you know, whatever the legislation clarification is -- if the County does pass some clarification language, I think that could definitely make life easier for everybody. Commissioner Carollo: Yes. City ofMiami Page 58 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Chair Suarez: Madam City Attorney, it's an ordinance. Ms. Bru: Okay. And just for the record -- Chair Suarez: As modified. Ms. Bru: -- and the modifications will also include the opt -out provision that was articulated by Lucia, okay? Chair Suarez: Yes. Ms. Bru: That'll be considered part of the amendment. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call on your modified second reading ordinance. Commissioner Carollo? Commissioner Carollo: No. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes, with all the amendments. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Vice Chair Sarnoff? Vice Chair Sarnoff. Yes. Ms. Thompson: Chair Suarez? Chair Suarez: Yes. Ms. Thompson: The ordinance has been adopted on second reading, as modified, 4-1. Ms. Dougherty: Thank you very much. END OF ORDINANCE - SECOND READING ORDINANCE - FIRST READING FR.1 ORDINANCE First Reading 12-00523 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 2, ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/CODE ENFORCEMENT, MORE PARTICULARLY BY AMENDING SECTION 2-815, ENTITLED "CONDUCT OF HEARING", TO DELETE THE PROVISION REQUIRING A COURT REPORTER TO BE PRESENT AT A HEARING; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 59 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 12-00523 Memo - Office of the City Attorney SR.pdf 12-00523 Legislation.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo Chair Suarez: So I think we can take up FR.1 before beginning the heliport. I think we got five minutes. We can do it. FR.1. Johnny Martinez (City Manager): There's a time certain Heat game today also. Chair Suarez: There's a time certain Heat game. That's absolutely correct. Don't say that in front of Commissioner Carollo, though. FR.1. Julie O. Bru (City Attorney): Mr. Chair, FR.1 would be your first reading on an ordinance that would remove the requirement of having a court reporter to be present at the Code enforcement proceedings. Chair Suarez: Thank you. FR.1 is a public hearing item. Is there anyone from the public that wishes to speak on FR.1? Seeing none, hearing none, the public hearing on FR.1 is closed; coming back to this Commission. Is there a motion? Vice Chair Sarnoff So moved. Chair Suarez: Moved by the Vice Chair, second by Commissioner Gort. It is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. Ms. Bru: By the way, this is intended to save the City about $50, 000 a year, and it came as an initiative from Commissioner Gort's office. Chair Suarez: Thank you. I think that's important. I'm going to repeat that because I don't know if they heard that. This initiative, this ordinance will save the City ofMiami $50, 000, and it was proposed by Commissioner Willy Gort's office. Thank you. Roll call. Ms. Thompson: Roll call. Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Vice Chair Sarnoff? Vice Chair Sarnoff Yes, despite the fact I will have protestors in front of my office from the court reporters' guild. Ms. Thompson: And then Chair Suarez? Chair Suarez: Yes, with the same objection. City ofMiami Page 60 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 RE.1 12-00461 Department of Fire -Rescue Ms. Thompson: The ordinance has been passed on first reading, 4-0. Chair Suarez: Thank you, Madam Clerk. END OF FIRST READING ORDINANCE RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXERCISE RENEWAL OPTIONS UNDER THE SOFTWARE MAINTENANCE AND SUPPORT SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND TIBURON, INC., PURSUANT TO RESOLUTION NO. 04-0490, ADOPTED JULY 22, 2004, FOR THE PROVISION OF SOFTWARE MAINTENANCE AND SERVICES FOR THE DEPARTMENT OF FIRE -RESCUE, RETROACTIVELY FOR YEARS 2009 THROUGH 2011 AND THEREAFTER, FORA PERIOD OF FIVE (5) YEARS, AT THE RATES PROVIDED IN ATTACHMENT "A", WITH AN OPTION TO ADD ADDITIONAL YEARS AT A RATE ACCEPTABLE TO THE CITY MANAGER. 12-00461 Summary Form.pdf 12-00461 Pre-Legislation.pdf 12-00461 Funds Available Inquiry.pdf 12-00461 Legislation.pdf 12-00461 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0205 Chair Suarez: I think we have time for one more, RE.1. Let's do RE.1. Come on, chief. Let's get RE.1 done in three minutes so we can -- Reginald Duren (Deputy Chief Fire -Rescue): Good morning, Commission. Chair Suarez: -- have our time certain. Deputy Chief Duren: -- Deputy Chief Duren, Fire -Rescue. RE.1 is a resolution authorizing the City Manager to exercise renewal options under the software maintenance and support services agreement between the City ofMiami and Tiburon, pursuant to resolution number 04-0490, for the Department of Fire -Rescue retroactively for the years 2009 through 2011 and thereafter, for a period of five years. Chair Suarez: Thank you, chief. Coming back to this Commission, is there a motion? Vice Chair Sarnoff. So move. Chair Suarez: Moved by -- Commissioner Spence -Jones: Second. City ofMiami Page 61 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 RE.2 12-00462 Department of Capital Improvements Program Chair Suarez: -- the Vice Chair, second by Commissioner Spence -Jones. I just really wanted to touch very briefly on what we talked about in our office. This is retroactive in nature and there was a prior item in last week's -- our last Commission meeting, which was also similar, although not from the Fire Department. Can you just explain why there was a retroactive authority to spend issue? Deputy Chief Duren: The resolution wasn't in line with the contractual agreement with -- which went on until there was some desire by either the vendor or the Fire Department to relieve them of that commitment. We use this product every day. We continue to use it. It's essential to our services we deliver. We use it to report our fire reporting services, so we'd ask that we continue working with this vendor. Chair Suarez: Thank you, chief. 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, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT DETAILING WATER AND SEWER CONNECTION REQUIREMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, AS A CONDITION FOR WATER AND SEWER FACILITIES TO SERVE THE MELREESE GOLF TRAINING CENTER, B-30566A. 12-00462 Summary Form.pdf 12-00462 Legislation.pdf 12-00462 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0206 Chair Suarez: We're moving right along. I think we could do one more. RE.2. Two minutes on RE.2. Albert Sosa: Albert Sosa, director of Capital Improvements. RE.2 is a resolution seeking authority for the City Manager to execute a letter agreement with the Water and Sewer Department in connection with the necessary water and sewer connection for the Melreese training center project. The fee associated with the connection is paid for from the actual B number project for the improvements. Chair Suarez: Is there a motion? Vice Chair Sarnoff So moved. Commissioner Spence -Jones: Second. Chair Suarez: Moved by the Vice Chair, second by Commissioner Spence -Jones. All in favor, signify by saying iiye. " City of Miami Page 62 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 RE.3 12-00481 Department of Purchasing The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PROCUREMENT OF LEASE PURCHASING SERVICES, FROM MEARS MOTOR LEASING, ON AN AS -NEEDED CONTRACTUAL BASIS, UNDER THE EXISTING CITY OF CLEARWATER CONTRACT NO. REQUEST FOR PROPOSAL 32-08, EFFECTIVE THROUGH SEPTEMBER 30, 2013, FOR THE PURPOSE OF CREATING A CITYWIDE AUTOMATED SINGLE STREAM RECYCLING PROGRAM FOR THE DEPARTMENT OF SOLID WASTE, IN A LINE OF CREDIT AMOUNT NOT TO EXCEED $3.6 MILLION, WHICH WILL INCLUDE THE PURCHASE OF INJECTION -MOLDED MOBILE REFUSE GARBAGE CONTAINERS, AS CITED IN FORT LAUDERDALE CONTRACT NO. 683-10073, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE CITY OF CLEARWATER. 12-00481 Summary Form.pdf 12-00481 Cost BenefitAnalysis.pdf 12-00481 Meeting Agenda.pdf 12-00481 Request for Proposal Procedures. pdf 12-00481 Legislation.pdf 12-00481-PowerPoint Presentation -Conversion to Automated Single Stream Recycling FINAL.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0208 Chair Suarez: One more? One more minute. Yeah, why not. RE.3. Johnny Martinez (City Manager): He probably will take a little bit longer. Chair Suarez: Okay. Then we'll go ahead and start with our time certain of RE.8. [Later..] Chair Suarez: RE.3. Go ahead. Keith Carswell (Director, Solid Waste): Okay. I'm just waiting -- I have a -- waiting for -- there we go. Good morning, Commissioners. RE.3 is a proposed authorization to seek financing to purchase containers for our conversion to -- Commissioner Gort: You are? Mr. Carswell: Keith Carswell, director for Department of Solid Waste. RE.3 is -- before you is authorization to purchase or seek financing to purchase 95-gallon containers for our conversion to automated single -stream recycling. I have a PowerPoint presentation that I would like to kind of walk you through in terms of some of the compelling reasons, at least I feel, why we should go in that fashion. Aside from collecting garbage and trash, the Department of Solid Waste is supposed to collect solid waste in a cost-effective and efficient manner. As you're aware, we have garbage collection twice per week, trash once per week, and curbside recycling once per City of Miami Page 63 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 week. Now our operating budget is $18.9 million, which makes us the fourth- largest department from a budgeting standpoint in the City ofMiami. Now of that, and having said that, and kind of to put that into context, 44 percent of our overall budget is for disposal cost. So you have the fourth -largest department in the City ofMiami at 18.9 million, 44 percent of our overall budget goes towards disposal cost. In the last five years, we've actually paid $47 million in tipping fees. That's right, $47 million in tipping fees just for -- to dispose of our garbage . And Miami -Dade County received the lion's share of that at $43 million. On a breakdown basis or an annual basis, you will know that so far this year we paid $5.5 million in tipping fees and this went to Miami -Dade County. Last year, we paid 8.7 million. Now what's in that? Recyclable items, such as aluminum and steel cans, paper, glass, plastic, cardboard boxes, all of that is within those waste streams that we were paying those tipping fees on. The process of collecting these items curbside prior to being placed in the waste stream preserves the environment, decreases the City's disposal cost and extends the useful life of existing landfills. Another benefit of curbside recycling is that the Department receives $11.11 per ton in revenue for the items, rather than paying an average of $65.05 per ton to dispose of this material at a County landfill. So in other words, the stuff that's mixed in there, we're paying on average $65.05 to dispose of. If we had separated it out at curbside prior to going to the waste stream, we would actually receive $11.11 per ton in revenue to the City. The current operation recycling program provides once -a -week recycling collection of comingled materials from single-family residential units. We use a manual container with an 18-gallon cart, which requires a driver and a laborer for each route. We currently have five routes and they operate Monday, Tuesday, Thursday and Friday. And again, we service the City once a week. When we collect those items, those comingled items, they're delivered to a permitted material recovery facility, or MRF. Those recyclables are separated and prepared for the market to end users and manufacturers. And for all recyclables, again, the City nets $11.11 per ton in revenue. Based on our current operations, we collected, over the last five years, 15 tons -- 15,000 tons in recyclables. So far year-to-date, we've collected 1,500 tons in recyclable items. What the conversion to automated recycling simply does is that we use a 95-gallon container, which we currently use for garbage. It will be a different color -- to allow us to actually collect the recyclables curbside from the residents. Our recycling crew can be reducedfrom -- to just a driver, thus lowering personnel cost. So in other words, with our current operation, we have ten people on five routes. By just simply using a larger can, which is using the one-armed bandit, we cut the personnel costs in terms of -- as it relates to recycling in half. And also, the service is reduced from a weekly pickup to a biweekly pickup, which therefore lowers our fuel cost. Now in thinking about how we were doing relative to other municipalities and does this make sense for us to do, we tried to take a look -- we looked to Hialeah, which is the -- one of the larger municipalities in the City, and they actually -- in Miami -Dade County, and they recently converted to single -stream recycling. And we looked at Miami -Dade County because they have a automated recycling program. Prior to recycling, with 200 -- 300,020 households, Miami -Dade County was doing was doing 219 pounds -- 'cause we converted the tons into pounds -- per household. After the conversion to automated single -stream recycling, they saw an increase to 375 pounds per household on average. The city of Hialeah was doing 147 pounds per household and they saw an increase to 413 pounds per household. And in talking with the director over at the city of Hialeah, at least two months ago he told me that they had about a $300, 000 savings in tipping fees three months ago, so they have been doing gangbusters. So how do we stack up relative to this? Well, the City -- and one other thing to point out, the question becomes, okay, when you do this conversion, how long -- how soon does it take you to get there? Well, if you look at the graph that's before you, Hialeah went almost overnight. From doing what they were doing -- they converted in March 2011. And you see -- andl think the graph speaks for itself in terms of the level of participation. Currently, the City, which is at least twice the size of city of Hialeah, we do on average 86 pounds per household. That's what we average, about 86 pounds per household. Because the smaller bins are cumbersome, the smaller bins are -- don't hold enough items. Quite frankly, historically, a lot of people have been disenchanted with recycling because it's so cumbersome. And so in looking at the numbers and looking at developing a marketing program for this, we feel we can at least match what the County's doing at 375 pounds per household. Also, separate from this is City ofMiami Page 64 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 we are working with Procurement. We'll be issuing an RFP (Request for Proposals) for someone to process our recyclable materials. As part of that, we're requesting at least 150 -- a minimum of $150, 000 to assist us with the marketing campaign. Miami -Dade County, incidentally, got a half a million dollars. We're going to -- we've looked at some of the costs. We've developed marketing collateral. I anticipate having this implemented by the end of summer to coincide with the back -to -school effort. Part of this, in talking with the Manager, we're looking at also providing some dollars to the various Commissioners' offices so that you all may, if you see fit, work with homeowners' association and work with schools, essay -writing contest, things of that nature because we've found in talking with other municipalities, is the kids that are really going to get the parents to do the recycling. So based on that and based on those different efforts, we anti -- we feel that we can achieve that. Now from a cost standpoint, when we hit that number, we're looking at 12,000 tons -- almost 13,000 tons a year. Now that will generate revenue of 144,000 and that material, that 13,000 tons that would otherwise go to the County landfill where we're paying $65 per ton, actually represents, if you look at a cost benefit analysis, a savings of $845, 000. Plus, in reducing the operation for recycling from ten personnel to five, we actually see an operating cost of $200, 000 versus 359, 000, what we're currently experiencing. And in short, the investment payback on this is 4.8 years. And would like to note that the cans have a useful life of ten years and they also come with warranty. So from an economic standpoint, I think this is one of those rare occasions where an environmental concern actually makes good sense from a bottom line, capitalistic, pragmatic standpoint. So having said all of that, I would ask your indulgence that you support this item -- Chair Suarez: Thank you. Mr. Carswell: -- to allow us to move forward. Vice Chair Sarnofff. Mr. Chair. Chair Suarez: Yes. Vice Chair Sarnofff. I'd like to move the item and -- Chair Suarez: Moved by the Vice Chair. Commissioner Gort: Secondfor discussion. Chair Suarez: Secondfor discussion. Mr. Vice Chair, you're recognized. Vice Chair Sarnofff. I -- as the green Commissioner, I've been working with Keith on this for a better -- probably about a year now. Mr. Carswell: Yes. Vice Chair Sarnofff. And first off I want to say to Keith I think he did an outstanding job because he had obstacle after obstacle put in his path. He -- I guess just leave it at that said easily. Just there were many obstacles placed in his path. It is sort of dumbfounding to me that City of Miami always wants to be on the cutting edge of everything, yet we are certainly not on the cutting edge of our disposal of waste. The city of Hialeah is infinitely farther along than we are. Some of the numbers you won't see in Mr. Carswell analysis is fuel savings. Fuel is, I think, probably this America -- I think America this summer, it may even foretell a presidential election, because if fuel goes up to $4.50, it may be very untenable for a lot of people. So fuel is a real factor, and it isn't even put into this. If you want to get into I think what Commissioner Sua -- I'm sorry, the Chair, and myself I think have a vision of and that is sustainability of our environment, and that is greenhouse emissions. You're putting less trucks on the road. You are putting less greenhouse gas emissions out there. You are recycling product that -- andl -- City of Miami Page 65 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Michelle might remember this. But when I first came on the Commission, I used to put up two slides. One was how many plastic bottles actually make it into our sewer systems and how much money we spend each year having to clean out our sewer systems. Andl think if you remember, it was our Public Works director back then was France -- something Francis. Remember him? Chair Suarez: Yep. Vice Chair Sarnoff You remember his name? Commissioner Spence -Jones: No. Vice Chair Sarnoff But you remember -- Commissioner Spence -Jones: I remember everything -- Vice Chair Sarnoff -- you know what I'm talking about, right? Commissioner Spence -Jones: Yes. Vice Chair Sarnoff And we would put up these slides -- Chair Suarez: He had a wonderful name. Vice Chair Sarnoff -- and -- Chair Suarez: Wonderful name. Vice Chair Sarnoff It was Francis, but I think his last name was Francis. I don't think his first name was -- Chair Suarez: I think it was his last name. Commissioner Spence -Jones: I don't remember how many Public Works directors -- Vice Chair Sarnoff He was French, if you remember. Chair Suarez: I think it was -- Commissioner Spence -Jones: Yeah, Francis. Chair Suarez: -- I think his last name was -- Mr. Martinez: Francis Mitchell. Chair Suarez: Francis Mitchell. Mr. Martinez: But he wasn't the director. Vice Chair Sarnoff Francis Mitchell. Mr. Martinez: But he wasn't the director but -- Chair Suarez: Wonderful name, wonderful name, mi tocayo. Vice Chair Sarnoff So any rate, I would put up a slide and describe just how well we do in the City of Miami Page 66 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 City ofMiami in recycling. We estimated that we recycle less than 15 percent of all plastic cans -- plastic bottles. And then, of course, I asked to ban them in City Hall and we pretty much did that. But in addition to that, we're certainly not on the cutting edge on anything green in this city. And this is a chance to not put us on that edge, but merely catch up with what every other city, municipality that has best practices has been doing probably for the better part of four or five years. Andl can't thank Keith Carswell enough for showing two things, two green initiatives. The first green initiative to me is that this cuts down greenhouse gas emissions and this makes the city cleaner. The second green initiative is this puts more money back into the City ofMiami coffers in approximately four years. His numbers are extremely conservative because if we hit Hialeah, meaning the numbers that they hit, we will be done in about two and a half years. And then it becomes -- and this might be shocking to us -- actually money coming back into the general fund that we don't even have to think about because it just happens. And you know, I can't say enough about Keith. I can't say enough about Keith's programming, and can't say enough about Keith's tenacity. Because the one thing really admire, Keith, is tenacity. Every time somebody put a roadblock in front of you, you just said it, there's a way around this and you found a way around it. And tenacity is -- you don't find that today in America. You don't find tenacious people. So I just want to give you -- Andl don't get up here and say many nice things. But you're a tenacious guy, and I'm glad you're on our team as a tenacious guy. Mr. Carswell: Thankyou. Chair Suarez: Thankyou. I'd like to ask the green Commissioner ifI could be the co -green Commissioner with him. Vice Chair Sarnoff Absolutely. Chair Suarez: Okay. Vice Chair Sarnoff I always say the Chair is green. Chair Suarez: Okay. No, I echo your sentiments, I mean, about Keith as a director and as a person, as someone who's always striving to think outside of the box to try to find ways to come up with solutions. In this particular case, I mean, this is one of the biggest no-brainers since I've been here. You know, it is so cumbersome to recycle right now, I don't even recycle, andl want to recycle. Commissioner Gort: I do. Chair Suarez: So -- I know, I know. But I -- you know, it's just a very cumbersome process. And I think once we go to single stream, we're going to see a huge spike in recycling because, let's face it. I love Hialeah. I have a lot of family members that live in Hialeah, but Hialeah's not known as a recycle -conscious or environmentally -conscious city. So if they're doing it at such a high rate, imagine Coconut Grove and other areas of the City ofMiami where people are much, much more conscious of the environment and the impact that the garbage and garbage collection have on our environment. And obviously, from the economic perspective, it's something that's very appealing to me because I know -- you know, it's a $76 swing. You go from paying $65 to generating $11, so that's a huge swing for every ton that we convert from solid waste or from hauling to recycling. So it benefits the City greatly for us to go to this. Commissioner Gort. Commissioner Spence -Jones: Mr. -- Chair Suarez: Oh, I'm sorry. Commissioner Spence -Jones: (UNINTET,TIGIBT,F). City ofMiami Page 67 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Commissioner Gort: Keith, I have a question. Chair Suarez: Yeah. Commissioner Spence -Jones: I just want to hear whether -- Chair Suarez: Yeah. Commissioner Spence -Jones: 'Cause I'm seeing Joe stand here so -- Chair Suarez: Mr. Simmons. Commissioner Spence -Jones: -- I don't know if it's in support of or against -- Joe Simmons, Jr.: Good morning, ladies and gentlemen -- Commissioner Spence -Jones: -- or concerns with. Mr. Simmons, Jr.: -- of the Commission. Joe Simmons, Jr., president of the sanitation workers. Currently, the Solid Waste Department collects recyclable material, as you're well aware. We ask that this item be deferred at least for 60 days in order for our international staff to do a more thorough analysis of this conversion. Number one, we have reservations about the City at this time going into this single -stream recycling. One is right now we kind of tight financially, so every penny is being watched. So I don't think that the City needs to, knowing with a pending $40 million plus deficit on the horizon, that we need to commit ourselves to this right now. Number two, recycling that is done correctly under its current system does not get its full participation because I think the City could do a better job at promoting it. Most of the frustrations to the average citizen out there is because they don't have a container. So people get frustrated, and they say, you know what, forget about it. Throw it all in the garbage. And if we really want to -- now we got areas like Coconut Grove, Belle Meade, the Upper Eastside; I mean, they're crazy about recycling. It will probably work there. But in other areas, they're going to see it as another garbage can. I think to go to a system like that, you need to get people accustomed to actually participating, and then we should see some reduction in those tonnage costs and a shift automatically -- without going to the single -stream system right now. Now once you go to the single stream, yes, I would agree, there would be some increase in some other areas. But from a bigger perspective, it is a reduction of your workforce. And they going to be more -- we just will be adding to the unemployment line because then there's going to be less people. I only ask respectfully that this is delayed -- deferred for at least a 60-day period in order for our international staff to analyze it. We have professionals on our team that can analyze this. We did this back in '99 when the City wanted to go to the single -stream garbage collection. And there have been pros and -- you know, we came back with a packet and had an analysis, pros and cons, you know, not just in Florida but around the country because we have roughly 1.6 million members nationwide. And this type of function is -- service is performed all around the country. So we would ask that it defers. At least you will have more information to make a more informative decision. But at this time, I could not support it right now. Chair Suarez: Okay. Thank you, sir. Mr. Simmons, Jr.: Thank you. Chair Suarez: Yes, Commissioner. Commissioner Spence -Jones: I just have a question, 'cause I thought you guys had a kumbaya a few months ago. So I just want to ask the question, have -- because what he's asking for, I don't think it's a difficult thing to adhere to. Sixty days might be a bit much, though, Joe, 'cause I don't City of Miami Page 68 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 think it's going to take 60 days to analyze it. But just so that I'm clear -- Mr. Carswell: Commissioner -- Commissioner Spence -Jones: -- Keith -- Mr. Carswell: -- I think -- Commissioner Spence -Jones: -- 'cause this has been around for a minute, meaning something you've been working on for a minute, correct? Mr. Carswell: Well -- Commissioner Spence -Jones: Yeah. Mr. Carswell: -- over a year. Commissioner Spence -Jones: Yeah. Mr. Carswell: There have been discussions about it. Commissioner Spence -Jones: Right. Mr. Carswell: This comes as nothing new. But I think -- I just want to be very careful -- Commissioner Spence -Jones: Yeah. Mr. Carswell: -- here. I think that anyone from the public can come and they can speak before you because that's their right. Commissioner Spence -Jones: Yeah. Mr. Carswell: Whether they're a citizen of the United States, everyone can come up and express an opinion. But I think that in terms of when people come before you representing a group -- Commissioner Spence -Jones: Yes. Mr. Carswell: -- I think that when it comes to management and labor -- Commissioner Spence -Jones: Yes. Mr. Carswell: -- there are distinctive roles -- Commissioner Spence -Jones: Yes. Mr. Carswell: -- andl think that sometimes maybe because historically we blurred the lines -- Commissioner Spence -Jones: Right. Mr. Carswell: -- and what try to do is make sure that I'm well within my role as a director managing and operating a department. Commissioner Spence -Jones: Right. Mr. Carswell: So having said that, there are things within managerial prerogatives where I don't City of Miami Page 69 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 think you have to get the okay, if you will, from the union. Commissioner Spence -Jones: Okay. Let -- Mr. Carswell: And so -- Commissioner Spence -Jones: No. Let me just -- I'm just trying to find a common ground, whether or not management -- we're all in the same city and we're all working for one common goal. I'm not asking you to get his approval, but if he's making a recommendation on an issue that -- you know, when you say line of credit -- and he made a very good point around we're already facing a $40 million issue, okay, and you're talking about $3.6 million issue that we have to -- it's a line of credit, I understand, but it's -- it could have some sort of impact. What my antennas went up on was the line of credit and the $40 million, not as to whether or not you guys are getting along and can come up with something that makes sense. That wasn't the question. The question was -- I wasn't asking if you got approval from Joe. I was asking if you guys actually had an opportunity to sit down and at least talk about the issue 'cause you still have to work in the same department together, and that's what I want an answer on. Mr. Carswell: He is aware. I cannot say that specifically sat down and discussed it with him. But again, this has been going back and forth well over a year. Also, I'd like to mention, in terms of the financing, this went before the Finance Committee. Commissioner Spence -Jones: Right. Mr. Carswell: This was vetted by the CFO (Chief Financial Officer) -- Commissioner Spence -Jones: Yes. Mr. Carswell: -- vetted by our budget director. It went through the rounds. Commissioner Spence -Jones: Right. Mr. Carswell: It was reviewed by Legal as it relates to the favored nation status with, I believe, Bank of America. Commissioner Spence -Jones: Right. Mr. Carswell: Based -- this is a capital lease. It is not a loan -- Commissioner Spence -Jones: Right. Mr. Carswell: -- so it's going to be carried as such in the CAFR (Comprehensive Annual Financial Report). Commissioner Spence -Jones: Right. Mr. Carswell: The interest rate is about 2.8 percent, if we were to do it today. It is -- there is no prepayment penalty associated with it. The debt service or the payments is 770,000 a year. That's going to come out of our capital allocation. Currently, we get 2.1 million each year for capital. Commissioner Spence -Jones: Right. Mr. Carswell: We're going to take a portion of that, 770, 000, and apply that towards the payments associated with this capital lease. City of Miami Page 70 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Commissioner Spence -Jones: Right. Mr. Carswell: Additionally, we've already purchased two hybrid trucks. Commissioner Spence -Jones: Right. Mr. Carswell: Those trucks should be arriving in August of this year -- Commissioner Spence -Jones: Right. Mr. Carswell: -- which will be perfect timing for us to deploy those as part of -- to go with the four other hybrid one-armed trucks to put on our recycling effort. Commissioner Spence -Jones: Right. Mr. Carswell: And the 770,000 that's going to be taken from our capital allocation will in no way impede our ability to purchase additional equipment. Currently we have -- in the next four weeks, we will be getting three cranes, which are the garbage -- for the garbage pickup and five rubbish trucks to go -- to complement our existing fleet. So from an inventory standpoint, from a capital standpoint, from having gone through what believe all the proper channels in terms of vetting this, I think we've done our due diligence. Commissioner Spence -Jones: Okay. Can I finish my --? Thank you for the dissertation. I appreciate it. Mr. Carswell: Okay. Commissioner Spence -Jones: This is not -- I'm not agreeing with one over the other. I think that you have gone through all the vetting processes and done what is necessary and I'm not questioning your management or your leadership on what you've done. That's not the question. As a matter of fact, when he began to talk, budget director can tell you I just walked over just to ver 'cause I'm not trying to put anybody on the spot. I wanted to make sure that financially this was not an issue. And Danny told me on the side that this is not an issue, Commissioner; that this is not going to affect our bottom line. So we're not dealing with the issue of whether or not it's going to affect our bottom line, so that's not the question. But it just would appear to me, Keith, as a leader, okay, whether or not, you know, you have to -- just as we went through all of those concerns and vetting processes and all those other levels, that somewhere along the lines of vetting it with the different boards and finance and CFOs, that you would at least have a conversation with the folks that represent the people, so that was my -- that's -- if we're going to vet, let's vet it all the way out. So even if you don't agree with Joe, then at leastl would want to hear why you disagree with what he's saying instead of making the statement, I've done what I needed to do, andl don't really have to answer to a person that's representing the people. So I just want to always make sure that whatever we do -- and you guys know this is a -- that's just how I am. I want to be fair about the process. I don't agree with Joe and those 60 days 'cause this thing has been around for God knows how long, but I do agree with at least understanding and hearing the viewpoint. Now, Danny, if you want to just put on the record -- I want to be clear -- 'cause the real skunk on the table, which he's not really saying and you're really not saying, but I don't have time to be playing games up here. We're all -- none of us do. So, Danny, can you please come to the mike and at least -- since neither one wants to say what the issue and the concern is, can you please put on the record so at least the Commissioners know what you think or feel the issue is? Daniel Alfonso: Danny Alfonso, budget director of the City ofMiami. I think Joe briefly mentioned that he was concerned about the reduction in staffing from ten to five. City ofMiami Page 71 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Commissioner Spence -Jones: Okay, so really what the issue is is, so we're clear -- and Joe -- Mr. Simmons, Jr.: Yes. Commissioner Spence -Jones: -- that is -- outside of all that other stuff your concern is the people affected -- Mr. Simmons, Jr.: Well, my -- Commissioner Spence -Jones: -- by this decision, correct? Mr. Simmons, Jr.: My concern is that, andl also look at, one, the folks that perform those duties Commissioner Spence -Jones: Yes. Mr. Simmons, Jr.: -- or those specific job titles for the City falls in the area of collective bargaining. And when there is new technology change, then the -- Commissioner Spence -Jones: Yes. Mr. Simmons, Jr.: -- union has a right to sit down and impact bargain that change it had to the workforce. We did that in '99, and we were able to get our concerns addressed, not necessarily to clear up -- it was said that it needs our approval. The only thing always ask -- I don't ask for your approval. I ask for your ear -- Commissioner Spence -Jones: Yeah. Mr. Simmons, Jr.: -- your consideration and my concerns what I may have regarding the folks I represent. Commissioner Spence -Jones: Yes. Mr. Simmons, Jr.: I'm not trying to tell nobody how to do their job -- Commissioner Spence -Jones: Yes. Mr. Simmons, Jr.: -- because they have their responsibilities; I have mine. And so, I like to stay in my lane in order to perform my duty. I have a responsibility of the men and folks that I represent. If there are issues of concern, we have responsibility to bring those to the attention -- Commissioner Spence -Jones: Andl -- Thank you. So that's really the skunk on the table, so all the other stuff was just icing. Mr. Carswell: But there is no -- Commissioner Spence -Jones: But -- Mr. Carswell: -- layoff provision in his contract. Commissioner Spence -Jones: Okay. Mr. Carswell: So whether or not based on efficiencies it would -- we could lay people off, if that is the concern, there is a provision in his contract where we can't lay any of his members off. City of Miami Page 72 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Commissioner Spence -Jones: Yeah. Mr. Carswell: So that concern would not -- is not -- should not really be a concern. Vice Chair Sarnoff. So what you're saying then is the five people would be utilized in different capacities -- Mr. Carswell: Correct. Vice Chair Sarnoff. -- in different roles. Mr. Carswell: Correct. Commissioner Spence -Jones: Okay. So my -- I'm going to shut up and let my other colleagues talk from here, but I have to say this, you know. We're going into -- or we're already in the midst of negotiating with the unions on the collective bargaining related issues. Mr. Simmons, Jr.: Yes. We got our notice. Commissioner Spence -Jones: Andl can say out of all the unions -- not saying anything negative about Fire, not saying anything negative about Police, but we all can admit up here that Solid Waste is always the individuals that come to the table first and support everything that we ask for. Andl can understand and adhere to at least some of the request that he's making because they bend over backwards for us and we know that. Correct, Mr. Manager? The first ones to come to the table is what? Solid Waste. So I'm going to ask this in closing, Mr. Director -- and you have been doing an outstanding job, so I don't want to take anything away from you, and you have put things in order andl truly appreciate that -- Is there any way that at least you guys can have a discussion around what those issues are? Because whatever he's talking about now is going to impact what they're doing right now as far as the bargaining and the collective bargaining agreements that we're doing from the union standpoint. Is -- Mr. Carswell: His contract is not open so -- Chair Suarez: It's for three years, right? Mr. Carswell: For three -- he's locked -- Mr. Simmons, Jr.: There is -- Chair Suarez: They have a three-year contract. Mr. Simmons, Jr.: -- a reopen provision and we got notice -- Commissioner Spence -Jones: There's a reopen provision. Mr. Simmons, Jr.: -- a few weeks -- a couple of weeks ago from the City ofMiami that -- Commissioner Spence -Jones: Come on, guys. Mr. Simmons, Jr.: We both agreed a couple of years ago that we would agree to a reopener clause for pension, health and wages. Everything else was closed until April 2013. Vice Chair Sarnoff. Right, but there's no provision on wages. City ofMiami Page 73 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Mr. Simmons, Jr.: There's a -- Commissioner Spence -Jones: Yeah -- Chair Suarez: No, no. Commissioner Spence -Jones: -- but that's not the issue. The issue is -- Mr. Simmons, Jr.: The layoff provision expires September 30, 2012. Vice Chair Sarnofff. Right. Mr. Simmons, Jr.: So let's say, hypothetically, this goes into effect, there's nothing to stop them from reducing the workforce. I mean, there are other ways they can do it, but -- Chair Suarez: I thought there was a no layoff provision for three years. Mr. Martinez: That's what I wanted to get into the record. There is a no layoff -- Mr. Simmons, Jr.: That provision expires -- Mr. Martinez: -- provision in the contract. Plus, in my discussions with Keith, we talked about it and we had no intentions of laying anyone off. By attrition, it would normal -- automatically kind of happen. Chair Suarez: Right. Mr. Martinez: That's number one. Number two, I think the quicker we do this, the less back pain some workers are going to have out there. It seems to me like the trucks are going to be picking this up instead of the two people, you know, getting back pain. So I think it's win -win. And the other thing wanted to ask Keith, the fixed interest rate of 2.8, is that in jeopardy if we keep delaying this? Mr. Carswell: I mean, it's all subject to the interest. I mean, if we -- Chair Suarez: Yeah. It's a fluctuating amount. Mr. Carswell: It all is subject to the market. And if we were to do it today, it would be a 2.8 fixed from the time we request it. Mr. Martinez: Fixed interest -- right. Mr. Carswell: But also, just to put things in perspective, there are timing issues. We have 69,300 households. We need to order at least 70,000 containers. We have to distribute those to every household. We have an RFP that's out on the street now which will include 150,000 minimum for marketing. We need to start getting the word out. I want to have at least two direct mail -outs to every resident in the City ofMiami, so any delay associated with this is going to delay the process. We -- and again, in talking with ACM (Assistant City Manager) Cabrera, Mr. Simmons has called him. Mr. Simmons has called me. This issue, we have gone back and forth for well over a year. Commissioner Spence -Jones: Okay. Mr. Carswell: I met with Mr. Simmons at least this week and met with him last week. City ofMiami Page 74 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Mr. Simmons, Jr.: (UNINTET,TIGIBT,F) this. Mr. Carswell: I'm always available. Mr. Simmons is in -- generally, he's at the department every day. So if there is an issue or concern, it was never brought to my attention, it was never brought to ACM Cabrera's attention. Again, I think the timing issue associated with all of this, any delay -- Commissioner Spence -Jones: Affects everything else. Mr. Carswell: Again, we -- Commissioner Spence -Jones: I'm just -- Mr. Carswell: Right. Commissioner Spence -Jones: -- going to say this in closing. So can we put on the record that the -- which is -- I think is the major concern that -- is it ten employees? Mr. Martinez: Five. Reduction -- Mr. Carswell: Five. Commissioner Spence -Jones: Reduction offive -- Mr. Simmons, Jr.: Reduction offive, so that's -- Commissioner Spence -Jones: -- employees. Mr. Simmons, Jr.: -- five folks. Commissioner Spence -Jones: If we can officially put this on the record by the director that they will not have any -- Mr. Simmons, Jr.: Layoffs as a result of implementing. Mr. Carswell: There will not -- Commissioner Spence -Jones: -- as layoff -- 'cause I could deal with that because that's -- Mr. Carswell: There will be -- Commissioner Spence -Jones: -- showing that the intentions of the Department is to make sure that we're not seeing people lose their jobs -- Mr. Carswell: As a -- Commissioner Spence -Jones: -- and families being affected. Mr. Carswell: Commissioner, as a result of this, through the Manager and with budget, obviously, there will be no layoffs as a result of this automation. Chair Suarez: But let me make something clear because the Manager kind of qualified that statement a little bit by saying that if there's attrition, not layoffs, but there's attrition, that may naturally dwindle down the workforce in that particular category. And I just wanted to make that clear. City of Miami Page 75 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Mr. Martinez: Right. Mr. Simmons, Jr.: But currently, we have a shortage now and we have trucks running -- working overtime everyday due to personnel and equipment. A lot of the -- there are some equipment -related issues probably need to be vetted out somewhere else, but we're not trying to do that. Chair Suarez: We have shortages everywhere. We have shortages everywhere. Commissioner Spence -Jones: I will -- Mr. Simmons, Jr.: But we did -- Commissioner Spence -Jones: -- support this item with the amendment and understanding that the five employees that I know Solid Waste is concerned about will not be affected by this decision. I -- you know I support this 100 percent. Mr. Carswell: Yes. Commissioner Spence -Jones: I've been pushing you on recycling, recycling -- Mr. Carswell: Yes. Vice Chair Sarnoff Call the question. Commissioner Spence -Jones: -- and these mailers getting out -- Vice Chair Sarnoff Call the question. Commissioner Spence -Jones: -- so -- andl understand that this is holding it up. But if that is the issue, the employees, then I would second the motion with the amendments. Mr. Simmons, Jr.: If it -- Chair Suarez: Okay, I -- okay. No, the motion has already been moved and seconded so -- Commissioner Spence -Jones: Okay. Chair Suarez: -- the question is does the maker accept the amendment. Vice Chair Sarnoff Maker accepts. Call the question. Chair Suarez: Maker accepts. Does the seconder accept? Commissioner Gort: Yes. Chair Suarez: He accepts. All in favor, signifi, by saying "aye. Commissioner Gort: I have a -- wait a minute. Can speak? Chair Suarez: He asked me to call the question. I'm sorry. Mr. Simmons, Jr.: As I understand layoffs -- City of Miami Page 76 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 RE.4 Chair Suarez: Commissioner Gort. No, that's it. Mr. Simmons, Jr.: Oh, I'm sorry. Chair Suarez: Commissioner Gort, please. Commissioner Gort: I'm very patient with everybody. Chair Suarez: Yeah, I know. And that's why I'm stopping the vote. Go ahead, please. Commissioner Gort: Let me ask you a question. My understanding is the industry is changing quite a bit. My understanding is this new system where they can adopt and get all this garbage and turn out the electricity, ethanol. And my understanding there are plans going around. What is our contract with the County? Mr. Carswell: Our -- currently, we're locked into an interlocal agreement with Miami -Dade County where we have to take all of our municipal solid waste, our garbage, to their landfill. That contract expires in 2015. There is a lot of interest in our garbage from the private sector. Because when you take a look at what we pay the County and the amount of tonnage -- last year, the 8.7 equated to 147,000 tons of garbage. And there's a lot of interest in taking our garbage from other private sector entities, which could save the City potentially 20 to 30 percent. Right now, for example, we pay on average $65 in the presentation. If you saw the paper a couple of months ago, Waste Management and Sun Recycling -- Broward County opened it up to competition and their tipping fees now has gone down to $42 a ton. Commissioner Gort: We had that same problem back in the '90s and we made some changes and we saved quite a bit. One thing that we have to do in here, look for reoccurring revenues and reoccurring savings. Now when you guys get together and talk about it, one of the things we got to look at and a lot of the people, the unions, and a lot of the directors is we had a lot of people that were in the DROP (Deferred Retirement Option Plan), they're going to be coming off next year and the following year, so we got to take all that in considerations, okay. Chair Suarez: Thank you. Commissioner Gort: I'm ready. Chair Suarez: Okay. All in favor, signift by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Thank you. Priscilla A. Thompson (City Clerk): As modified. Chair Suarez: No. Yes, I'm sorry, as amended. As amended. Ms. Thompson: Okay. Chair Suarez: My apologies. Mr. Carswell: Thank you, Commissioners. Chair Suarez: Thank you. RESOLUTION City of Miami Page 77 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 12-00485 Department of Fire -Rescue RE.5 12-00524 Community Redevelopment Agency (CRA) A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED APRIL 6, 2012, PURSUANT TO INVITATION FOR BID NO. 307276, FROM DRAEGER SAFETY, INC. AND MUNICIPAL EQUIPMENT COMPANY, LLC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, ON AN ITEM BY ITEM BASIS, FOR THE PURCHASE OF SELF-CONTAINED BREATHING APPARATUS EQUIPMENT, FOR THE DEPARTMENT OF FIRE -RESCUE, IN A TOTALAWARD AMOUNT OF $239,176.14 AND $29,419.20, RESPECTIVELY; ALLOCATING FUNDS FROM THE FOLLOWING SOURCES: PTAEO: P: 18-180022 T: 01.02.01 A:1731 E: EQUIPMENT O: 181000; PTAEO: P: 40-B70411 T: 05 A: 1762 E: EQUIPMENT O: 181000; AND PTAEO: P: 18-180011 T: 01.01 A: 1564 E: EQUIPMENT O: 181000. 12-00485 Summary Form.pdf 12-00485 Budget Impact Analysis.pdf 12-00485 Award Recommendation Form. pdf 12-00485 Tabulation.pdf 12-00485 Award Analysis. pdf 12-00485 Invitation for Bid .pdf 12-00485Addendum No. 1.pdf 12-00485 Budget Funds Results.pdf 12-00485 Legislation.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-12-0209 Chair Suarez: RE.4. Reginald Duren (Fire -Rescue): Deputy Chief Duren. RE.4 is a resolution accepting the bids from Draeger Safety, Incorporated, a municipal equipment company, for the lowest responsive and responsible bidders, for the purchase of self-contained breathing apparatus equipment, in an award total of $239, 000 and $29, 000, respectively, for a total of 268, 595. I might add that this purchase is grant funded as well. Commissioner Gort: Move it. Chair Suarez: Moved by the -- Commissioner Spence -Jones, second by Commissioner Gort. All in favor, signin, by saying iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE SECOND AMENDED BUDGET OF THE MIDTOWN COMMUNITY REDEVELOPMENT AGENCY, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012, AS APPROVED BY THE COMMUNITY REDEVELOPMENT AGENCY BOARD OF COMMISSIONERS. City of Miami Page 78 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 12-00524 Memo - Midtown CRAAmend. Bgt.pdf 12-00524 Legislation.pdf 12-00524 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-12-0210 Chair Suarez: RE.5, Midtown budget. Try to get you out of here as quickly as possible so you can get back to work. Pieter Bockweg: Good morning, Commissioners. Pieter Bockweg, executive director of the Omni and Midtown CRA (Community Redevelopment Agency). Chair Suarez: Moved by Commissioner Spence -Jones. Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. All in favor, signift by saying aye." The Commission (Collectively): Aye. Mr. Bockweg: Thank you. Chair Suarez: Have a good day. RE.6 RESOLUTION 12-00532 District 4- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner ATTACHMENT(S), DECLARING NO OBJECTION AND SUPPORTING THE Francis Suarez CODESIGNATION BY THE FLORIDA LEGISLATURE, PURSUANT TO HOUSE BILL 7039, DESIGNATING THAT PORTION WITHIN THE CITY LIMITS OF STATE ROAD 9/27THAVENUE BETWEEN U.S. 379 1/STATE ROAD 5/SOUTH DIXIE HIGHWAY AND U.S. 441/STATE ROAD 7 (OUTSIDE CITY LIMITS), AS "BENJAMIN LEON, JR., WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX, FOR SIGN INSTALLATION WITHIN THE NEWLY DESIGNATED ROADWAY. 12-00532 Legislation.pdf 12-00532 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-12-0211 Chair Suarez: RE.6, I'd ask one of the Commissioners to please make a motion. It's a no objection to a codesignation of 27th Avenue. City of Miami Page 79 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 RE.7 12-00533 Department of Purchasing Commissioner Gort: Move it. Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner -- Commissioner Spence -Jones: Second. Chair Suarez: -- Gort, second by Commissioner Spence -Jones. All in favor, signift by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PROCUREMENT OF RECORD CONVERSION AND ARCHIVING SERVICES, FROM THE DRS GROUP OF FLORIDA, INC., ON A CITYWIDE, AS NEEDED CONTRACTUAL BASIS, UNDER THE EXISTING GREATER ORLANDO AVIATION AUTHORITY CONTRACT NO. 28-08, EFFECTIVE THROUGH JULY 31, 2013, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE GREATER ORLANDO AVIATION AUTHORITY; 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. 12-00533 Summary Form.pdf 12-00533 Letter - Contract 28-08.pdf 12-00533 Third Renewal Option.pdf 12-00533 Bid Prices.pdf 12-00533 Request for Proposal Response.pdf 12-00533 Legislation.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0212 Chair Suarez: RE.7. Kenneth Robertson: Good morning, Commissioners. Kenneth Robertson, Purchasing director. RE.7 is a resolution authorizing the procurement of record conversion and archiving services from the DRS Group of Florida, on a citywide, as -needed contractual basis. Chair Suarez: Thank you. Coming back to the Commission. Vice Chair Sarnoff So move. Chair Suarez: Moved by the Vice Chair. Commissioner Gort: Second. City of Miami Page 80 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Chair Suarez: Second by Commissioner Gort. Any discussion? You look like you want to discuss it, Commissioner. Commissioner Gort: Not in this item, but I want to ask him a question afterward. Chair Suarez: Sure. All in favor, signift, by saying aye." The Commission (Collectively): Aye. Chair Suarez: Please stay on the podium. Commissioner would like to ask you some questions. Commissioner Gort: There have been discussion about the dental program that we have. There's the discussion that two bidders -- or they're having problems. Andl think instead of getting them resolved, you want to go out for bid again? Mr. Robertson: The recommendation was to reject all proposals and to re -advertise the dental RFP (Request for Proposals). Yes. Commissioner Gort: And who was the recommendation from? Mr. Robertson: That was my recommendation. Commissioner Gort: Your recommendation. Mr. Robertson: Yes. Commissioner Gort: There was no way that that could be taken care of? I mean -- Mr. Robertson: Well, based on the protest findings, that was the logical conclusion based on the three key criteria in the protest. Commissioner Gort: Oh, I see. Okay. Johnny Martinez (City Manager): Commissioner, he didn't do it by himself. I sat with him and the CFO (Chief Financial Officer) sat with him. And there was -- Commissioner Gort: (UNINTET,TIGIBT,F). Mr. Martinez: -- on both sides of the equation -- Commissioner Gort: -- (UNINTET,TIGIBT,F) protestors that rebid. Okay, no problem. Mr. Martinez: Okay. Chair Suarez: Thank you. Mr. Robertson: Okay. RE.8 RESOLUTION 12-00387 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED AND AMENDED INTERLOCAL AGREEMENT, BY AND BETWEEN City of Miami Page 81 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 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, A CITY -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 Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Carollo R-12-0214 Chair Suarez: Okay, RE.8. And just for clarity, I think we're going to -- if it's okay with the Clerk, the discussion that we're going to have on RE.8 will apply to RE.9 and 10 as well 'cause I believe all three -- Commissioner Spence -Jones: I thought we'd take that up at 11, or is it --? Chair Suarez: Yeah. Do you need a couple more minutes 'cause Commissioner Carollo is back and says he's ready. We were actually going to take it up at 10, but he wanted it at -- Commissioner Spence -Jones: Oh. Chair Suarez: -- 11. Commissioner Carollo: Yeah. Chair Suarez: Would you like -- Commissioner Spence -Jones: No, no. Chair Suarez: -- a couple more minutes? Okay. RE.8. Henry Torre: Good morning. Henry Torre, director of Public Facilities. RE.8 is a resolution authorizing the City Manager to execute a revised and amended interlocal agreement by and between the City ofMiami and the Miami Sports and Exhibition Authority for the purpose of developing, operating and managing the aviation facility. RE.9 -- Chair Suarez: Yeah, go ahead. Mr. Torre: -- is a resolution authorizing the City Manager to execute a consent to the sublease agreement by and between the Miami Sports and Exhibition Authority and Linden Services Corporation. RE.10 is a resolution authorizing the City Manager to execute a consent and joinder to the development agreement by and between the City ofMiami, Miami Sports and Exhibition Authority and Linden Airport Services Corporation. Chair Suarez: Thank you. Coming back to this Commission, is there a motion? City ofMiami Page 82 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Vice Chair Sarnoff. So move. Chair Suarez: Moved by the Vice Chair -- Commissioner Spence -Jones: Second. Chair Suarez: -- second by Commissioner Spence -Jones. Any discussion? Commissioner Carollo: Yes, Mr. Chairman. Chair Suarez: Go ahead, Commissioner. Commissioner Carollo: Thank you. Let me start by saying that I am in favor of having a heliport in the City ofMiami. Andl think as time progress, there's going to be more and more of a need for one. However, I'm not in agreement with the business terms and the procedures to obtain this heliport. And by the way -- andl think all of you can attest that am consistently looking and maximizing the City's assets and maximizing the City's revenues. And try to do this not by raising taxes, not by raising fees, but by investors that want to invest in the City and make money. And simply, all consistently say is share the wealth. This is a 30-year lease with two additional ten years -- Chair Suarez: Options. Commissioner Carollo: -- clauses of waterfront property. The RFP (Request for Proposals) is ten years old. And not only that, this is Watson Island waterfront property. Why is this not going to a referendum? And someone from the Administration. Alice Bravo (Assistant City Manager/Chief of Infrastructure): This interlocal agreement, basically one of the items for consideration, transfers the land to MSEA (Miami Sports and Exhibition Authority) and from the inception of this process ten years ago when there was an RFP, I believe that was replaced with a subsequent procurement process. It was always the understanding that the property would be managed by MSEA and, therefore, MSEA requirements from the Charter for the public referendum did not apply. Veronica Xiques (Assistant City Manager): She is correct. Commissioner, 29(c) is the section that deals with Watson Island, 29(c) of the Charter, and it has an exception, just like 29(b) does for all governmental entities. MSEA's obviously a governmental entity, so MSEA managing the property would not have to go to referendum. Commissioner Carollo: Okay, so what you're saying is the reason that it's not going to a public referendum is because we're going to do an interlocal with MSEA and then MSEA's actually going to do the lease. Therefore, we don't have -- we're not going to have a referendum, correct? Ms. Xiques: Absolutely. You're correct, Commissioner. Commissioner Carollo: Okay. And you don't think that after ten years that we should have another RFP, if the RFP is ten years old, to maximize the revenues that we could possibly get? Ms. Bravo: I think there are different issues before us. First of all, there's the policy issue that at some point ten years ago was made the City's desire to have a heliport facility at this location nd, therefore, we've embarked in the procurement processes that have taken place since then. So at this point, we've been engaged with this company through MSEA and they've cooperated, complied, negotiated, and now I think the MSEA board directed an appraisal to be conducted that would establish the rent at the property. So our private sector partner that successfully won City ofMiami Page 83 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 a procurement has gone down this road with us. So at this point, if we started from scratch and basically, we've taken a private sector entity and wasted their time, their resources in going through this process with us. Commissioner Carollo: Well, what about the City's resources? In a way, we've also have had two and a half acres there that we could have possibly made some money and we didn't, so it goes both ways, you know. And again, I want to clam, this has nothing to do with the company. This has nothing to do -- you know, as a matter of fact, you know, I'm saying as far as a referendum -- I may even, you know, be in favor of it, you know. Again, I think Miami should have a heliport. I'm not necessarily saying maybe that's the location or not, but I do believe Miami should have a heliport. Let's go a little bit about the revenues. And once again, I am consistent. You know, our budget director has mentioned as far as the $40 million deficit. How much of the rent that we're going to obtain, which is 2,200 for the first two years, 2,200 a month, 20 something thousand dollars a year -- how much can that rent be applied to the $40 million deficit? Chair Suarez: I can answer that question if no one else wants to. Ms. Bravo: I'm sorry. I -- Chair Suarez: I think the answer to that question is zero because it goes to MSEA. Commissioner Carollo: Okay. Chair Suarez: Right. Commissioner Carollo: So once again, why are we doing the MSEA thing? So none of that money can go to the general fund for police officers, firefighters and our solid waste, to our $40 million budget deficit that we talk so much about and that we're -- Why? So I don't understand. So the money can't go to the general fund to go towards the $40 million deficit because it's going to MSEA. And then when I ask, well, why isn't it going to referendum? Oh, no, 'cause it's going to MSEA. So -- Ms. Bravo: Well, the funds that go to MSEA are placed in a restricted fund basically for the further expansion and development of this facility. There are various phases contemplated with grants from the Florida Department of Transportation. And -- so basically, all the funds that are generated are held at the site for its further development. Commissioner Carollo: Again, listen, I do believe Miami should have a heliport. I'm not here to kill this project. I'm not here to -- you know, but at the same time, you know, the business terms, the procedures I think are not good. They should be much better. And again, you know, we keep saying, oh, the City's in, you know, dire need of money but then again, this is -- this does nothing absolutely for the -- for a $40 million deficit and, you know, this is -- listen, this is a 30-year lease of waterfront property. I mean, my daughter's going to be, you know -- Chair Suarez: Could be a 50-year potentially. Commissioner Carollo: Well, potentially 50, but it's a 30-year for sure and then 10 additional. That's a long time, so that's -- that is why -- and again, I do believe we need a heliport, but at what cost? Ms. Bravo: Right. And -- Chair Suarez: Let me -- City of Miami Page 84 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Ms. Bravo: -- something to consider -- Chair Suarez: -- jump in because there's -- this was heavily, heavily -- andl sympathize with the Commissioner and his concerns. This was heavily, heavily debated over many, many, many months atMSEA. And all these issues were flushed out andl think, you know, on the issue of -- first of all, I think most of the board members, if not all of them, agreed that we should have a heliport. We all acknowledged that at some point a decade ago, there was a policy decision made by this government -- and many times we have to stick with policy decisions that we maybe not -- would not have voted for at the time or if we could go back in time or bring back in time over to us, things change. But I think, you know, one of the dangers is -- and by the way, there was also flushed out in the MSEA meeting that the vast majority of the delay was the fault of the City, if not -- you know, 80 to 90 percent of the delay, if not more, was the fault of the City dragging its feet, wanting to change the plans and doing a variety of other things. So, you know, we were also concerned about the perception that -- atMSEA that, you know, we would be giving away the land or giving it at a price that was just too inexpensive. And so, that's why we decided to spend $10, 000 and have the owner/operator -- or the potential owner/operator spend $10, 000 also to do an appraisal as a heliport facility because we have -- we all acknowledge that it's not the highest and best use of the land, that clearly you can -- if you built -- there's a million things that you could build there to generate more revenue for the City ofMiami. But the policy decision again that we are living with was made a decade ago that this area should be a heliport. Andl think in fairness, you know, to the operator who has been with the -- working with the City for ten years, in fairness to the appraisal that we spent $20, 000 a year -- I'm sorry, $20, 000 on, which came back actually I think a little lower than what we were negotiating at the time -- so we would have actually gotten a better deal had we not done an appraisal, but that's a whole nother issue that we debated for a while in the MSEA meeting. Andl think with the exception of one person, it was passed almost unanimously at MSEA. So MSEA's also a dying entity. It's an entity that has no revenue, essentially. So ifMSEA's going to serve any purpose whatsoever, which is, by the way, something else that we debated, whether we should just abolish MSEA at this point, you know -- and ifMSEA's going to serve a purpose and we're going to keep it alive, it needs to have revenue streams. And this was going to be one of the first, if not the first revenue stream that MSEA was going to be generating. So you know, we talked about all those things, andl appreciate your concerns. I just wanted to kind of give you an update, being a MSEA board member, you know, of the history of how we got to this point here at the City Commission. Anyone else? Commissioner Gort: I'd like -- Commissioner Carollo: I'll yield to my colleague. Vice Chair Sarnoff. You know, candidly, Commissioner, when I got into this -- andl want to thank you for the appointment to MSEA andl hope you reconsider that appointment at any time. But having said that, I was a doubting Thomas on this particular issue andl was probably -- I don't want to use the word obstreperous, but I was probably the one that everybody was concerned about getting my support. And ten years is before me. Ten years is before Spence -Jones. It's a long time. Chair Suarez: I was about 15 years old. Vice Chair Sarnoff. Yeah, I -- and we might even be going back to Gort 1, as I put it. I don't know if we quite hit Gort 1, but it's just a long time. But as I vetted this and as I came up the obstacles and as I dealt with it and as appraisal came in, which was a surprising appraisal, but the appraisal was a valid appraisal as to what this type -- Chair Suarez: By a third party, by the way. City ofMiami Page 85 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Vice Chair Sarnoff By a third -- Chair Suarez: Not chosen by them, not -- Actually, I think we chose the person. They accepted it. Vice Chair Sarnoff Yeah. I think you vetted it and you even said it was a valid appraisal. So it's your industry, it's your real estate. So you had this appraisal done that -- you know, here's the bottom line. We ask people to invest in the City because we don't want to take money from our general fund or from our reserve account because it's philosophy in a way. Andl say this in a way. I mean, I'm not a believer that government does things very, very well. I sort of support the Chair on that. There's very few things that in the -- that they could compete with the private sector for. Now, no doubt, government belongs in policing, government belongs in fire safety, government may belong in sanitation, and it belongs in public works. Now having said that, when you ask somebody -- and) watched the meeting -- the last meeting and), you know, heard us say, well, we should run our own marinas. Well, we have a history of doing that, you know, no doubt about that. Is it a good history? I mean, I could show you documents that may curl your hair as to some of the things that we've done over at that marina over there. It's not a good history. Can we get better at it? Maybe so. However, we're asking people right over here -- and I don't remember the number, six million, three million, but it's many millions of dollars to put that into a facility -- if you ask a person to put an investment into something -- this is capitalism -- they're looking for an ROI, return on their investment. So obviously, the amount of money we're going to get back on our lease is not the same as if we didn't require an investment. Well, with regard to this particular scenario with regard to the heliport -- I'm sure we're going to have people up here speak 'cause they spoke atMSEA. I was surprised to hear that it is a safety issue. We should have a heliport. It is a security issue. We should have a heliport. It's probably an amenity the City absolutely should have because we're just a big event city. And you being on the trust understand big events maybe better than any of us at this point. Having just participated in Volvo -- it was a lot of fun. It would have been great to have a helicopter facility there. Having been in Itajai, Brazil, just to show you the difference between our government and their government, the mayor of Itajai ordered two police helicopters at our disposal. So we were up and down watching this race. It felt like a king, to be honest with you, yet that was done in Brazil. It's not done in Miami, and I understand that, and you understand why that's not done either. But to have that amenity available, to have had a heliport right there where we could have leased private sector planes probably would be something that will be long -remembered in Miami. It's something) will remember the rest of my life having been in Itajai, Brazil. Andl want to -- not that he's watching -- but) want to thank Mayor Bellini for being the best host I've ever experienced in my life with regard to an elected official. And the people of Brazil are just a beautiful people outwardly and a beautiful people inwardly and) thank them for that. But l absolutely -- and by the way, your debate here is an absolute fair and honest debate 'cause I started this whole debate on your side not understanding why do I have to live with what was done ten years ago. Why is this the right operator? I had issues with the operator, Linden. And then Linden came and spoke to me and I never thought he'd move me off square one, but I'm actually a supporter of Linden now. That's how much he moved me by those things you can't measure in a man, those things that he gets into your skin and you believe in him and all of a sudden, then you get back to the numbers. And then as the Chair would say, he was one of the guys that was talking about the appraisal at MSEA. And the appraisal came back. We're above the appraisal price. But think your debate is a fair debate. I'm surprised I'm not on your side, but I've gone through the process and I've been through the process with the Chair. Andl think, candidly, this is the right thing to do at this point. Andl think it's done properly, legally. Andl think -- I'm surprised that Linden's still at it with every obstacle we've put in their way. Chair Suarez: So am L Anyone else? Commissioner Gort: I'm going to go back a little bit. Originally, I think this was brought up in 1996. City of Miami Page 86 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Vice Chair Sarnoff Gort I. Commissioner Gort: And it was a joint venture between the Greater Miami Convention and Visitors Bureau, the State of Florida and Miami. And we were going to set up the heliport there. The heliport has been used in the past and nobody paid for it. I mean, people were using it for ten years; nobody paid for it. I think we got to look not also at the direct revenues, but also we have to look at it as the support to additional events that can create more funds. Let's face it, we're not that small city we used to be. I think the -- originally, we were not in favor of it. The gentleman that won the RFP, the payment was a lot lower. That's why we had the appraisal, and the appraisal, my understanding is, according to the use of the land. The appraisal came back. We also got the contract. We looked at it in my office and we made some changes in the percentage. They were giving lower percentage. We requested a larger percentage on the gross revenue. At the same time, we asked as the year go by that we can increase with the change of the financials of the -- so we made changes. Although it's a 30-year contract, there's changes in that contract that will guarantee that we get additional funds. Now what we can do is even if the City's to do that -- and my understanding is -- I'm not an expert on it, but my understanding is, you have to keep a reserve to make sure you can maintain the facility and that's something the -- I guess that MSEA can do. What we can do is something very similar where the contract with MSEA is if you can maintain a certain reserve and after that reserve, you can -- the additional funding can come to the City, and that's the type of things you can do. But I think we got to make a decision on this. I mean, we've been discussing this (UNINTET,TIGIBT,F) for I don't know how many years now. Vice Chair Sarnoff Commissioner Spence [sic]. Commissioner Spence -Jones: Yes, Mr. Vice Chair. Let me just start by saying, of course, I am probably the newest board member to MSEA. I want to address Commissioner Carollo because I, like him, had some concerns in the very beginning. I've only had an opportunity to really live with this issue for a very short period of time. But the one thing that really stood out for me the most, and you mentioned it earlier, was the ten years. Ten years, you know, on both sides, the City side trying to get it figured out and, of course, Mr. Dudley and his team trying to get it done. A statement was made by Commissioner Carollo around the issue of we both have lost a lot and suffered on both sides of the track. But based upon the meetings, Commissioner Carollo, the meeting that I attended and participated in, I gained a different level of respect for -- not necessarily for the entity MSEA. I think that there still needs to be things that need to be hammered out, like what is its real purpose and, you know, I think the board, as we move, we need to really shape what that is. But I gained a lot of respect for my peers that sit around the table on that board, andl consider them to be true professionals. Andl know that they have lived with this agreement as well and have vetted it. One of them being Jay, which kind of spoke up on this issue and you know -- and didn't make this an easy process. So I want to make sure that we're clear that it wasn't just a meeting where, you know -- at least at the one that I participated in -- it was just a stamp of approval without really vetting it out. And for those that know Jay and know how he operates, he really wanted to make sure that it was right. So I want to say that in the midst of that, I truly respected, you know, them and them giving us their professional opinion; beyond that, them giving of their time to do so for absolutely free sitting on that board. I agree with you, though. We do need to figure out like what is MSEA's best use and how we can get them, you know, to do more than what it really is. I support the heliport. I think that it's extremely important to have this as an option. You guys know that I truly support tourism in the City. This provides another opportunity to offer tourists and local people in the area with the opportunity to see Miami from a whole different perspective. I think that the small businesses that are also going to benefit from being there, which is what we should be all about, is also going to be beneficial to the City. When I -- I had an opportunity to meet Paul andl -- that was my first time meeting him. And when we talk about loss of time and energy and all of us suffering, you know, during this period, I don't think anyone has suffered more than Paul. And City of Miami Page 87 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 listening to -- meeting him for the very first time, I was very encouraged to see that he was a person that was truly committed to making sure that that business worked. And despite all of his challenges that he's had in the process, I think that we need to go ahead and take a vote on this issue. I think that it's been around long enough. It's ten years. I think we just need to get started. I think that one of the things thatl will agree with Commissioner Carollo on andl will support him on, if there is a concern around 50 years, you know, of having this, you know, partnership -- and that's the purpose of this meeting. If we feel that we need to amend something on the record, then we amend it, you know. Fifty years is a long time, you know, so if there's anything that can be added or amended, you know, to make the Commissioner feel a little bit more comfortable without it being a burden on the individuals that are actually doing the project, then I think that that should be open for discussion as well. If that's the biggest concern, being able to generate money, more money for the City andl agree with that, and being able to not be locked into something and not have the opportunity to make changes. Your daughter will be -- your -- you won't be around. Commissioner Carollo: I may not be around. Commissioner Spence -Jones: We'll be dead by then. Commissioner Carollo: Yeah. Commissioner Gort: I know I won't. Commissioner Spence -Jones: So I don't know, Alice, if there is, you know, that option or, Henry, if there is that option, or if my fellow colleagues, you know, feel the same way about it, if there's an option on that. Mr. Torre: There is language in the agreement that states they do have to comply with certain items. They cannot be in default a certain period of time. If they are in default -- go ahead. Chair Suarez: Can I just --? I'm sorry, 'cause this may be important to the analysis. If you look at the term section of the contract, which is page 14 -- I'm sorry, and I'm doing your job here. On renewal terms, the renewal terms are at the sole and exclusive option and upon the request of the authority, but they're in the sole and exclusive option of the City. So we can, at the end of the 30 year period, decide -- Mr. Torre: Correct. Not -- Chair Suarez: -- that's it. Mr. Torre: -- grant them their option, period. Chair Suarez: Right. Commissioner Spence -Jones: Right. Chair Suarez: So we already have -- Commissioner Spence -Jones: You have the language -- Chair Suarez: So those options are the City's options. They're not their options. They're the City's options. Commissioner Spence -Jones: For the extra 20 years. City of Miami Page 88 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Chair Suarez: Correct. Commissioner Spence -Jones: But I think -- Chair Suarez: That's the City's option. Commissioner Spence -Jones: -- he may have some concerns first with the 30 years, getting to the other 20 years. But if -- I mean, 'cause he's not on the board with us or with you -- you know, was not on the board with you prior so he could not chime in earlier on this, so this is his only opportunity. And with all due respect, we have to allow him the opportunity if he wants to make an adjustment or make a recommendation. Mr. Torre: Can I say, one item here I think which is a very important component of the business terms is the percentage rent schedule. Yes, it is only 2 percent for the first two years, but it automatically goes up to 5 percent in year three. Now for most waterfront property now, when we're going out to RFP, we're asking for a greater of a base rent and/or 10 percent, whichever's greater. So there is -- there's going to be additional revenue coming in from the percentage rent, probably a lot more than the actual rent. From years 5 to 9, that percentage rent goes up to 7.5 percent; years 20 through 25, up to 10 percent, and there's gradual increases in the base rent as well. Chair Suarez: But let me ask this question of the Administration. For the City to exercise its option, does it come back to the City Commission 'cause I don't --? Commissioner Carollo: It's silent. Ms. Xiques: Yes. The City is defined as the actual City Commission, so it would be up to this body to decide whether or not it wants to extend the term. Chair Suarez: So it's our option basically. We can extend it for 10 years or we can not extend it for 10 years -- Ms. Xiques: Correct. Chair Suarez: -- beyond the 30 year term. Ms. Xiques: The interlocal agreement gives you -- between the City and MSEA gives the City the sole consent. Once the City consents, then Linden has the opportunity to tell the Authority that it wants to continue the sublease. Chair Suarez: Yea or nay. Right. That makes sense. That's usually how options work. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: Thank you. You know, the one thing that is definitely clear to me -- and remember, this is the first time thatl actually get to vet, get to look at it. And the one thing that's definitely clear to me is that all of you have had a lot more of an opportunity to look at this, vet it. I guess some of the same issues that I'm bringing up, you all looked at it. Andl respect my colleagues. I respect, you know, when you all voted for it in the MSEA board. You know, I'm not there yet, you know, so -- I do have issues with the 30 years, the amount of investment that they're actually going to invest because, yeah, they're investing that money -- by the way, the majority of the money will come from some type of government, either FDOT (Florida Department of Transportation) or a grant or so forth. So they're investing, I think, the most, 1.5, City of Miami Page 89 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 but think about it. They're investing because, you know, like you said, it's capitalism. They want to make money. And think about it. They're investing 1.5 on two point something acres of waterfront property for 30, potentially 50 years, so it's not a bad investment. So I guess my point is -- and again, I have stated -- and you're right, Commissioner Sarnoff. I do see the need for a heliport. I think it's going to increase. I do believe we need a heliport. But I'm just -- you know, the business terms and the procedures, even not going to referendum, using MSEA. We still haven't really established what MSEA should be doing or not. And the reason we're not going to a referendum is because MSEA's going to be handling it and all that just put together, right now I'm not comfortable with it so I will be, you know, voting against it for the reasons that I've stated. But again, you know, another thing, it seems like everyone's had a chance to meet Mr. Paul Dudley and it appears like, you know, he's given a very good impression to everybody. I still have not had that chance. Maybe should this pass, I could meet with him later since we're going to be partners for 30, 50 years, who knows. Commissioner Spence -Jones: Has Mr. Dudley -- have you --? Mr. Torre: He is here. Commissioner Spence -Jones: Mr. Dudley, have we made an attempt to at least meet with Commissioner? Commissioner Carollo: I know they've reached out, but not really to me but through, I guess, their lobbyist, I would say. They reached out and said -- Commissioner Spence -Jones: Call him directly. He doesn't need a lobbyist for you to call him. That's what he's trying to let you know. Vice Chair Sarnoff. The best way to get Carollo is to try to arrange a play date with Briana. Chair Suarez: Okay. It's been moved and seconded. All in favor, signift by saying aye." Commissioner Spence -Jones: Aye. Chair Suarez: Aye. Commissioner Carollo: No. Chair Suarez: Madam Clerk, can you register one no there for Commissioner Carollo. Mr. Torre: Thank you. RE.9 RESOLUTION 12-00388 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), 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 City of Miami Page 90 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 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 Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Carollo R-12-0215 Chair Suarez: RE.9, is there a motion? Commissioner Spence -Jones: So moved. Chair Suarez: Moved by -- Vice Chair Sarnoff Second. Chair Suarez: -- Commissioner Spence -Jones, second by the Vice Chair. All in favor, signift by saying iiye. " Commissioner Spence -Jones: Aye. Chair Suarez: Aye. Commissioner Carollo: No. Chair Suarez: Also register a no for Commissioner Carollo. RE.10 RESOLUTION 12-00389 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), 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 TENANTS 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 Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 91 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Noes: 1 - Commissioner(s) Carollo Absent: 1 - Commissioner(s) Spence -Jones R-12-0216 Chair Suarez: RE.10. Is there a motion? Vice Chair Sarnoff So moved. Chair Suarez: Moved by the Vice Chair. Commissioner Spence -Jones: I just have one question. It's a second, but I do have a question. Chair Suarez: Yes, of course. Commissioner Spence -Jones: And this is just so I'm clear. Where's -- Did he leave? Chair Suarez: Henry? Commissioner Gort: Henry. Chair Suarez: Henry. Commissioner Gort: Come back. Chair Suarez: It's not over yet, buddy. You got one more. Commissioner Gort: You're not over yet. Unidentified Speaker: We'll bring him back. Commissioner Gort: We got questions. Chair Suarez: One more vote. Commissioner Gort: You stay until the end. You never know. Henry Torre (Director, Public Facilities): I apologize. Sorry about that. Chair Suarez: The Commissioner has a question. Commissioner Spence -Jones: This is really just a question that really my Administration had and l just want to be clear on it. Under the -- this particular item, it talks about the 60-month development agreement for construction of the heliport, right -- Mr. Torre: Yes. Commissioner Spence -Jones: -- and the effective date of the agreement. I'm just trying to understand. We just voted on item number 9. When do we really start collecting rents from that actual facility? Mr. Torre: We will start collecting rent once the lease is executed. Commissioner Spence -Jones: Before the -- I mean, that's after the --? City of Miami Page 92 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Mr. Torre: Before the construction of the heliport. Commissioner Spence -Jones: Okay, so this happens before then, right? Commissioner Carollo: Right. Mr. Torre: Right. Commissioner Carollo: But Commissioner Spence -Jones, just to be clear, yeah, okay, we'll be receiving -- well, MSEA (Miami Sports and Exhibition Authority) will be receiving that money, but that goes right into a bank account that they can't really use other than maybe some administrative, right? They -- Alice Bravo (Assistant City Manager/Chief of Infrastructure): Well, the -- Commissioner Carollo: Am I correct? Ms. Bravo: -- interlocal talks about a fund that all revenues generated by the facility that MSEA collects goes into the fund and that's used solely for the purpose of operations and maintenance of the facility. Commissioner Spence -Jones: Okay, so -- but as a board -- I'm just curious because we are in tight times. The MSEA board, though -- just if you can correct me on this, Madam City Attorney -- we could still make, you know, recommendations or -- Commissioner Gort: Yes. Commissioner Spence -Jones: -- bring it to the board that those monies collected for the next two years, three years go into the general fund just to -- Commissioner Carollo: No. Commissioner Spence -Jones: You can't be used? Chair Suarez: Not the general fund. Commissioner Carollo: I don't believe so. And -- Commissioner Spence -Jones: I -- Commissioner Carollo: -- that -- Vice Chair Sarnoff But -- Commissioner Spence -Jones: Let Madam City -- I want to let Madam City Attorney answer that. Commissioner Carollo: -- was my point in the beginning. Commissioner Spence -Jones: Okay, but let's ask. Commissioner Carollo: Okay. Veronica Xiques (Assistant City Attorney): Commissioner, FAA (Federal Aviation Administration) regulations require that monies that are derived from the operation of a heliport are actually kept in the facility. So as Ms. Bravo said -- City of Miami Page 93 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Chair Suarez: Insurance. Ms. Xiques: -- the money will be used by MSEA, obviously up to the directors of MSEA, and it'll be used for the maintenance, the ongoing operation of the heliport for the improvement of the Watson Island facility. Commissioner Spence -Jones: So can I ask this question? Is that just in general with any funds thatMSEA collects or only in this because it's a heliport? Ms. Xiques: Only in this because it's a heliport. Commissioner Spence -Jones: Okay, so I just want to be clear. So anything that we do collect period from MSEA outside of FAA regulations 'cause I'm assuming that FAA wants to make sure money's set aside to make sure things are -- stay of standard, we can, as a board, actually have those dollars -- not these dollars -- but anything else thatMSEA collects to -- we can actually vote on that as a board to give it to the general fund? Chair Suarez: Can we do that? We can do that? Ms. Xiques: Yes. For example -- Chair Suarez: Okay, cool. Ms. Xiques: -- MSEA considered the Marine Stadium and if at some point there is some kind of Commissioner Spence -Jones: That's what thought. Ms. Xiques: -- rent derived from that, that money can go into the general fund Commissioner Carollo: Right, right, right. But that's totally decent from this deal right here. Ms. Xiques: Correct. Commissioner Carollo: Any monies generated from the rents of this -- Commissioner Spence -Jones: Right. Chair Suarez: Right. Commissioner Spence -Jones: But -- Chair Suarez: That's what she's saying, yeah -- Commissioner Spence -Jones: -- the question -- Chair Suarez: -- because of FAA regulations. Commissioner Spence -Jones: So we're all on the same page, Commissioner Carollo, the reason -- the only -- it's not because the MSEA board is saying that they don't want to give it to the City. FAA is requiring that we have to do that because it's a -- Chair Suarez: Federal government. City of Miami Page 94 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Commissioner Spence -Jones: Yeah. Chair Suarez: Yeah. Ms. Bravo: We have a grant through the Florida Department of Transportation. This is, in essence, a public transportation facility. Commissioner Spence -Jones: Danny wants to say something. Chair Suarez: Come on, guys. Let's wrap it up. Come on. Daniel Alfonso: Danny Alfonso, budget director. May I ask a question? You referred to FAA rules and paying for the operation and maintenance. Does the -- does the fund allow for the operation and maintenance of security, police, fire --? Commissioner Spence -Jones: So we could use this for that. Mr. Alfonso: So the services that are provided by the City for police and fire, can they be paid by the MSEA? Commissioner Gort: Sure. Ms. Xiques: Absolutely. Part of what the tenant or subtenant will have to pay -- Commissioner Spence -Jones: See, Robert, what happens when you step up to the mike? You get money. Ms. Xiques: -- are called pilot fees. Chair Suarez: Every time -- yeah, you're doing your job already. Commissioner Gort: You didn't even speak and you're getting funds. Chair Suarez: It's just his mere presence. Robert Suarez: All we're getting is a promise. Chair Suarez: Sure. Mr. Suarez: Intentions, intentions. Commissioner Spence -Jones: No. We could put that on the record now. Chair Suarez: Mr. Suarez, you're recognized. Mr. Suarez: Robert Suarez, president of the Miami Association of Firefighters, 2980 Northwest South River Drive. Being waterfront property, it really bothers me that this is the process. The argument that ten years ago we showed some sort of intent to do this, this City has made it clear of its intention to break intentions numerous times and statements of what we 've done in the past doesn't necessarily mean we have to continue it in the future. So that's pretty much a hogwash argument there. But for waterfront property to go for $2, 000 rent a month -- you can't get a 400-square-feet coffee shop in downtown Miami for $2, 000 a month. That seems a bit absurd to me. That eventually it goes to 8 or 10 percent 20 years from now, that is still a very small amount of money. One of the questions I have is in regards to the obligations for taxes. Can we find ourselves in a situation like we did with the stadium, where this here states that they'll pay to City of Miami Page 95 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 the City any taxes? Is the City MSEA in this agreement or is it the City ofMiami that they pay those taxes to? Commissioner Spence -Jones: Good question. So Madam City Attorney. Ms. Xiques: Commissioner, this is a pass -through so the subtenant, the airport facility, if the facility is assessed, would be responsible for the payment of taxes. If the facility is tax-exempt, the facility then pays what we call pilot fees, payment in lieu of taxes, and that's a payment that goes to the City and it's supposed to cover these municipal services, fire, police. So the City is protected and it is not going to face having to pay any ad valorem taxes out of its own pocket. Chair Suarez: And ifI may ask, I think -- and correct me if I'm wrong -- but I think the base rent is -- first of all, it's an either/or. It's either the base rent or a percentage of gross, whichever is greater, if I'm not mistaken. Is that correct or --? Mr. Torre: No. It is a base rent plus percentage. Chair Suarez: Plus a percentage, okay. Mr. Torre: Correct. Chair Suarez: So it's going to be a minimum of that plus -- Mr. Torre: Correct. Chair Suarez: -- whatever the percentage of gross. And I think the base rent the first year was slightly modified because they're putting a large capital investment in the project. Mr. Torre: Correct. In effect, from starting in year three, there are large increases. You know, year three, it jumps to $3,800 a month -- Chair Suarez: Right. Mr. Torre: -- and up from there. Chair Suarez: Thank you. Mr. Torre: And just to correct this gentleman, the -- after five years, the percentage rent goes up to 7 and a half percent, so we don't have to wait 'til 20 years to get up to 7, 8 percent. Chair Suarez: He's got a good argument on the first one, though. Mr. Torre: Right. Mr. Suarez: Well, my biggest concern is that this rent is not coming to the City ofMiami. It's going to MSEA to then be reinvested back into the facility -- Commissioner Spence -Jones: Right. Chair Suarez: Right. Mr. Suarez: -- to increase gross profits more to then pay higher rent, to then go back to the facility to increase profits more, to then go -- Commissioner Spence -Jones: But I think, Robert, you're making a good point, and I think -- I City ofMiami Page 96 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 don't know which Commissioner just mentioned it up here, but we can -- while we can't have it come to the general fund as the Madam City Attorney just stated, we can cover police and -- Where's Danny? That was Danny that made the point. -- fire -related services. So we can carve out some of those dollars to benefit and support those services, correct? Commissioner Carollo: Just in that area, though. Ms. Xiques: Correct, Commissioner. Commissioner Spence -Jones: So I'm going to ask our fellow colleagues that are sitting on here that we prepare a recommendation or resolution for the MSEA board at the next MSEA board, that we bring this in front of the MSEA board to identify or at least make sure that those revenues that come from the agreement once it's going, that they're identified to support police -- not only, but a portion of that to support fire and police services 'cause you're going to need it. And then that also helps Danny and his bottom line, I'm sure. Correct, Danny? Let me add on the -- 'cause we have -- the only thing we can do as City Commissioners sitting up here is trust the professionals that are hired to do their jobs. And you know, I try my best to respect City employees on all levels. So on Henry, this was one of the questions that came up, is this dollar amount, you know, too low, too --? And his recommendation was that it was -- Mr. Torre: Commissioner, I will reiterate. Is this the highest and best use for the land? No, it's not. Chair Suarez: Of course not, yeah. Commissioner Gort: Of course not. Mr. Torre: So an appraisal was done within the last, you know, year or two that was geared to appraising the property based on the use of a heliport. Commissioner Spence -Jones: Okay. Chair Suarez: Thank you. Commissioner Carollo: And -- yes. Is there a possibility of doing a heliport somewhere else and then the highest and best use can be used for that land? I mean -- andl hate to throw that out there, but you know, I -- Mr. Torre: I mean, Commissioner, I think this is -- Commissioner Carollo: -- keep hearing the same argument with the appraisal andl understand. And you know, I've been quiet, but at the same time, I do have to, you know, do my due diligence and say that. And want clarity with regards to for police and fire services. Is that police and fire services in Watson Island or is it police and fire services in Watson Island patrolling the heliport or --? You know, what portion goes to police and fire to patrol what area? Is it to patrol our residents? Ms. Xiques: No. This is -- the money that is generated in this facility has to stay in this facility. So if you're going to have police patrolling this -- the area of this particular facility, you can take monies that are generated in that area. Commissioner Carollo: Just to patrol this particular area, the heliport? Ms. Xiques: Yes. I think it's -- Watson Island itself is not a very large area, so I'm sure that we can figure out the percentages and, as Commissioner stated, we can go to the MSEA board and City of Miami Page 97 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 request that the particular percentage be given to the City for those purposes. Mr. Torre: Commissioner, to answer your question in regards to moving the location, the site is ideal due to its proximity to the cruise ships, Miami Beach, downtown, Brickell. If we would move it, there has been substantial investment by the City already. For example, I think we paid close to $100, 000 for our aeronautical license. That cannot be transferred. That would be lost. In addition, it's the issue of time. If we found another location, we'd have to draw up flight plans, approval by FAA, which could take another two to three years alone. Vice Chair Sarnoff. And let's be clear. The highest and best use of that land would be a 60-story multiuse -- Chair Suarez: Of course. Mr. Torre: Exactly. Chair Suarez: Right. Vice Chair Sarnoff. -- business/residential tower -- Chair Suarez: Right. Vice Chair Sarnoff. -- that I don't think you'd have a prayer getting past this in referendum to the City. Chair Suarez: And furthermore, I think that land has operated as a heliport for how many years? I know when I was about ten years old that was a heliport. So I think it went out of operation for a while, but -- Mr. Torre: Correct. Chair Suarez: -- that area's always traditionally been the heliport of the City ofMiami if -- Mr. Torre: Correct. Chair Suarez: -- I'm not mistaken. Mr. Torre: Correct. Chair Suarez: Okay. So -- okay, last one. Let's go. Mr. Suarez: You know, I think in regards to Commissioner Sarnoff's comments, I think that that probably would be possible if you sublease it through MSEA and you could avoid the public referendum. You could probably put a 60-story building there. Vice Chair Sarnoff. Yeah, but I could tell you, Mr. Suarez, I'd never put a 60-story building in the middle of what should be a pretty nice and low -density type situation. But could understand why you'd want that because it would maximize your profits but ruin quality of life. Mr. Suarez: Well, I'm just saying in regards to the argument that the voters -- Vice Chair Sarnoff. Well, you're right. You probably could do the same thing. Mr. Suarez: Right. I guess my biggest concern about this is not so much that the terms alone are not ideal, but it's that it's a 30-year commitment to these terms that don't seem ideal and that's City ofMiami Page 98 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 what concerns me the most. A ten-year contract to revisit the terms at ten years would not seem unreasonable. But a 30-year commitment I think is way too much for an endeavor that the City really doesn't know exactly how it's going to work out. Chair Suarez: Thank you. Mr. Suarez: Thank you. Chair Suarez: Andl think that's precisely why we do things as a percentage of gross because as there's time value of money and there's inflation, the percentages as they increase will increase the rent concomitant with inflation and other factors so that the prices never become stale. Mr. Torre: Correct. Chair Suarez: So -- Vice Chair Sarnoff I like that, concomitant. Chair Suarez: You like that, right? Vice Chair Sarnoff That was really good. Chair Suarez: Yeah. The City Clerk is nodding her head along too. Commissioner Gort: Let me tell you what I'd like to see -- Vice Chair Sarnoff Was that not good? I bet that's the first time that's been used in this Commission. Commissioner Gort: I'd like to see in the future part of the contract. I went through it andl know it's 30 years, but there's a lot of clauses in there that the City is protected. The next time I would like for you to bring up an outline of all the procedures that are going to be taken and what can happen within 30 years. Doesn't mean that it's guaranteed they're going to be 30 year if they don't -- Mr. Torre: Okay. Commissioner Gort: -- comply with certain things and so on. Mr. Torre: Okay. Commissioner Gort: I think it's very important for the public and the people that are here and the people that are watching this to understand this is not a simple contract, okay? Thank you. Chair Suarez: Thank you. Mr. Torre: Yes, sir. Chair Suarez: Okay. So it's been moved. There's no seconder. Is there a second? Vice Chair Sarnoff Second. Priscilla A. Thompson (City Clerk): No. Chair Suarez: No. I think you moved it so -- City of Miami Page 99 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Ms. Thompson: No. I'm -- Chair Suarez: Go ahead. Ms. Thompson: IfI heard correctly, Commissioner Spence -Jones seconded. Chair Suarez: Did you second it? Commissioner Spence -Jones: (UNINTET,T IGIBT ,F). Chair Suarez: Okay, great. Commissioner Spence -Jones: (UNINTET,TIGIBT,F). Chair Suarez: Okay, fantastic. Ms. Thompson: Thank you. Commissioner Carollo: Just one -- Chair Suarez: Go ahead. Commissioner Carollo: -- thing. Commissioner Spence -Jones: I'm sorry, with the recommendations that it goes -- Chair Suarez: Go to MSEA. Commissioner Spence -Jones: -- in front of the MSEA board -- Chair Suarez: Right. Commissioner Spence -Jones: -- so that those resources that are coming from that -- Chair Suarez: Are dedicated to -- Commissioner Spence -Jones: -- actually benefit -- Chair Suarez: -- police and fire. Commissioner Spence -Jones: -- police and fire. Commissioner Carollo: I just want to address what Commissioner Sarnoff said as far as 60 stories. I don't know what's the correct stories or not, but isn't there supposed to be a hotel there? How many stories is that? Aren't they supposed to put a hotel there? I mean -- Commissioner Gort: Two towers. Commissioner Carollo: Again, 10 or 15 years ago, you know, from Flagstone. But isn't there supposed to be a luxury hotel there? Vice Chair Sarnoff No, you're right, you're right. Commissioner Carollo: Yeah. City of Miami Page 100 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Vice Chair Sarnoff And I'm -- I don't know -- Commissioner Carollo: And how many stories is that? I mean, so realistically, there is planned development there. But anyways, I just wanted to mention that. Vice Chair Sarnoff. That's a good point. That's a good point. Chair Suarez: Yeah. And it was voted on too. Commissioner Carollo: Ten years ago. Chair Suarez: Right. Commissioner Carollo: I'm just not going to go there, but voters ten years ago have different -- Chair Suarez: Perspectives. Commissioner Carollo: -- perspective -- Chair Suarez: Right. Commissioner Carollo: -- as they do now. And remember -- I'm not going to get into the issue, but even the recall where before someone was highly very popular and then they were not so -- Chair Suarez: True. Commissioner Carollo: -- they have different perspectives. Chair Suarez: Okay, so it's been moved and seconded. All in favor, sign by -- Ms. Thompson: Excuse me, Chair. I just want to make sure before you take your vote, the -- and I'll address my question to the City Attorney. Since Commissioner Michelle Spence -Jones stated that this would include the recommendations dah, dah, dah, dah, dah, does that change or modify or amend the resolution that's before us? Ms. Xiques: I would say no. It's a recommendation. It's something that she just wants (UNINTELLIGIBLE) and we'll make sure that it happens at the MSEA board level. Chair Suarez: Guys -- Ms. Thompson: Thank -- Chair Suarez: Go ahead. Ms. Thompson: -- you. Chair Suarez: Okay, I'm going to -- we're going to call the question, but before we do that, I'm going to allow the lone dissenter at MSEA to speak his mind. We're not going to make this into a discussion or a back and forth. We're just going to have him say his piece and then we're going to vote on the item. Mr. Kurland, you are recognized. Nathan Kurland: Thank you, Commissioner. Chair Suarez: You got it. City ofMiami Page 101 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 RE.11 12-00404 Department of Planning and Zoning RE.12 12-00571 Mr. Kurland: Nathan Kurland 3132 Day Avenue. As Franklin Deleano Roosevelt said, be quick, be concise and be seated. And as per your instructions, I will try and do that. I would like to thank Commissioner Carollo for pointing out that the rent -- I was the one dissenting vote on the MSEA board regarding the amount of rent. I absolutely admire and respect Mr. Lindley (phonetic). I believe a heliport should be located on Watson Island, but I am absolutely opposed to the rent number that we are -- we're getting. It seems to me that constantly over the years the City ofMiami undervalues its waterfront property. Secondly, as a member of the MSEA board -- and there is another member of the board in the audience today -- I can categorically state that we were never informed that all rent money collected by the heliport -- or excuse me, for the heliport, is to be specifically used for the heliport. In other words, this money, there's nothing gained by either MSEA or the City ofMiami if the money just has to go in a rotating circle. Finally, I'd like to state one more time for the record that issues you cannot deal with as Commissioners, you can deal with as MSEA members. It seems to me that there is an irony here and an absurd situation that -- where our Charter specifically denies you the right to talk about waterfront property without a referendum by the citizens of the City ofMiami. You then, as members of the MSEA board, can deal with exactly what you're not allowed to deal with and then bring it back to yourselves for approval. I don't know where this discussion -- except maybe on the MSEA board because, as you know, we cannot talk about it with each other because of sunshine rules. But there seems to be an irony and an absurdity here, which allows you to be dealing with waterfront property which you are expressly not allowed to be dealing with as Commissioners, except by referendum. So once again, I think that this is a discussion that should be put as a discussion item on the agenda by our City Manager and this should be dealt with. Chair Suarez: That's fair. Mr. Kurland: Thank you. Chair Suarez: Okay. It's been moved and seconded. All in favor, signift by saying aye."Aye. Commissioner Carollo: No. Chair Suarez: Register Commissioner Carollo as a no, please. Commissioner Carollo: 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 Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort RESOLUTION City ofMiami Page 102 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 City Commission A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO SECTION 36 OF THE CHARTER OF THE CITY OF MIAMI FOR CONSIDERATION AT AN ELECTION ON NOVEMBER 6, 2012, PROPOSING, UPON THE APPROVAL OF THE ELECTORATE, TO REMOVE CERTAIN POSITIONS FROM THE CLASSIFIED SERVICE. 12-00571 City of Miami Charter Provisions Sec. 36.pdf 12-00571 Miami -Dade County Sec. 2-41.pdf 12-00571 Legislation.pdf NO ACTION TAKEN Commissioner Gort: Let me clam something. You all asked me to go and look into the Charter and see what changes can be done to improve our services and our relationship. I'm from the old school. Like I said before, Pete andl and the unions will go -- always will go out to the rating agency up in New York. We made our presentation as a team. One of the things I keep talking about here, we need to talk to each other. One of the things I requested is -- and talking to my staff and myself is we don't want to invent [sic] the wheel. What is taking place in other places? We took the -- and mainly we're talking about who should be classified and unclassified. We took the ordinance that the County Commissioner [sic] had. We asked the Law Department to adapt that to the need of the City ofMiami. At the same time, my commitment was -- I talked to Tony Hatten from the GESE (General Employees and Sanitation Employees) [sic] Union and I tell him before I bring it to the board here, I will talk to the union andl want the union input in all this decisions that we're going to make, andl think that's the way we have to work. We have to work as a team. The directors, the department directors got to work with the union representative and we got to talk to each other and look way to improve this. Now let me tell you something to go beyond that. I know a lot of people talking about doing away with the civil service. I recommend to the Manager to have himself and all the directors read the civil service rules. They're pretty good rules. The problem that we have, they're not being implemented. You go through here and 50 percent of our rules are not being implemented and that shouldn't be like that, okay. The --I'm going to -- I passed around the -- andl asked the ER (Employee Relations) to give me the information because one of the questions was with these changes from -- some people to go from -- the item that we consider basically is the -- an ordinance which makes professional, managerial and confidential position except [sic] from civil service exam. The question the union keeps asking is how are we going to be accepted [sic]? We send e-mail (electronic) requesting from ER to let us know how will this exempt how many employees. Unfortunately, I received this this morning. I've asked for this two weeks ago. I received it today. I have not been able to look at it and check it, so that's why -- I just want to pass it on to you all so you look at it. It's for discussion. Andl want the union to get copy of it so they can also have it themself [sic] and we will get together and we'll go over it. Mainly, people, we need to talk to each other. I mean, we used to do that all the time. We would sit down with the unions. The unions sometimes can come up with ideas. The union like we had in the sanitation, talking to the directors. They can come up with ideas and they can come to the conclusions. I mean, let's face it, we all want to save the City ofMiami and we got to work as a team. Chair Suarez: Thank you. Really? You really want to do that? We're going to adjourn the meeting; you guys really want to jump in on this, huh? Anthony Hatten: I just want to say -- Anthony Hatten, union president -- Chair Suarez: Even though this is a discussion item. Mr. Hatten: -- Local 1907. I look forward to, you know, sitting down and talking with you about it -- Chair Suarez: Awesome. Thanks, Tony. City ofMiami Page 103 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Mr. Hatten: -- because it's just -- it was on the agenda and -- Commissioner Gort: No. I understand. Mr. Hatten: -- that was -- Commissioner Gort: And by the way, I walked in this morning and had two of my best friends from the union, electrical unions, come to me and says how can you fire 144 people? I says, who came up with that idea? No, we were told your proposal is to get rid of 144 employees. I mean, that's my breakfast this morning when I walked in here. Chair Suarez: That sounds like fun. Commissioner Gort: Oh, yeah. RE.13 RESOLUTION 11-01187 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), 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 Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0207 Chair Suarez: Okay, RE.13. Julie O. Bru (City Attorney): Mr. Chair, this is a resolution that would authorize a settlement between the City ofMiami and Choice Environmental Services. This would result in a payment to the City in the amount of $660, 409.57. This has to do with an audit that was performed, resulting in the City claiming certain underpayments as a result of the franchise agreement. Vice Chair Sarnoff So move. Commissioner Spence -Jones: Is that -- Chair Suarez: Moved by -- Commissioner Spence -Jones: Second. City ofMiami Page 104 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Chair Suarez: -- the Vice Chair, second by Commissioner Spence -Jones. All in favor, signifi, by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: I just want to say -- also want to commend the Administration, the Manager, and Mr. Carswell on that settlement. I know that they worked very, very diligently and hard and it was not an easy negotiations [sic], and they did a fantastic job, particularly at the end when there was an amount in controversy and they got the lion's share of the amount that was 70 percent of what was in controversy, so kudos to you. Commissioner Gort: Is this the one that's 600? Chair Suarez: What's that? Commissioner Gort: Six hundred thousand dollars? Chair Suarez: Yeah, exactly. Commissioner Gort: I'd like to give my office credit for that one. Commissioner Spence -Jones: I like to see Danny's head shake when he sees money coming in. Chair Suarez: Unbudgeted, by the way. Unbudgeted, so it's like premium dollars. RE.14 RESOLUTION 12-00561 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), ACCEPTING A PAYMENT TO THE CITY OF MIAMI IN THE AMOUNT OF $100,000, IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS FOR THE CASE OF CITY OF MIAMI VS. MADISON NATIONAL LIFE INSURANCE COMPANY, CASE NO. 12-21104-CIV-MORENO, PURSUANT TO THE TERMS OF THE RELEASE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE RELEASE, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. 12-00561 Memo - Office of the City Attorney. pdf 12-00561 Legislation.pdf 12-00561-Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0213 Chair Suarez: RE.14. Madam Attorney, I think that's you. Julie O. Bru (City Attorney): That's also a resolution that would authorize the settlement of a lawsuit filed by the City against Madison National Life Insurance Company. City of Miami Page 105 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 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. Chair Suarez: We're going to go now with RE.8, 9 and 10 -- Ms. Bru: Excuse me a -- Chair Suarez: -- which is the heliport. Ms. Bru: -- second, Mr. Chair. I know that you're quick, but there was a revision to the exhibit that was attached to the resolution, which is the actual settlement agreement and the language. And we added a clause in there that would make it clear that this release would not prevent the City from going after any other parties that may have been involved in this matter. Chair Suarez: So the record's clear that that's included in the -- Ms. Bru: Yes. Chair Suarez: -- motion and second -- Ms. Bru: So it's as amended -- Chair Suarez: -- and the vote. Ms. Bru: -- the exhibit. Chair Suarez: As amended. Commissioner Spence -Jones: And -- Vice Chair Sarnoff And Mr. Chair. Sorry. Chair Suarez: Yes. Commissioner Spence -Jones: No, I just -- Vice Chair Sarnoff I just wanted to commend Julie through -- I was a very doubter on this one, very much doubting as an attorney. And Henry Hunnefeld -- andl want to give him credit -- Commissioner Spence -Jones: Yes. Vice Chair Sarnoff -- did a memo to me that took away a lot of my doubts, and I did put that in my archive file for good memos so. Ms. Bru: Thank you. Andl do want to take the chance to acknowledge the good work that Henry has done -- Mr. Hunnefeld has done in both the Choice matter and in this matter. City of Miami Page 106 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Chair Suarez: Thank you. Commissioner Spence -Jones: Mr. Chairman -- Chair Suarez: Yes. Commissioner Spence -Jones: -- I just -- the only question I have for the Administration on this issue was to make sure that we have in -- what internal controls do we have in place now to prevent this from happening again. I don't know if anybody from the Administration can at least put something on the record regarding this issue so that we don 't find ourself in this same position 'cause I know that there were some issues how we got here. Vice Chair Sarnoff I could actually do that. Cigna is now our provider as well as our TPA (Third Party Administrator), so Cigna would be putting any kind of stop loss people on notice. So the per -- so there's no third party out there. So the person that is actually our TPA -- because we're self -insured -- is the one that's actually putting people on notice, so they would be in breach of contract with us if they failed to do so. Commissioner Spence -Jones: Okay. Vice Chair Sarnoff So that third level is gone. Commissioner Spence -Jones: Okay. Chair Suarez: Thank you. RE.15 RESOLUTION 12-00201 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), 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 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 City of Miami Page 107 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort RE.16 12-00363 Department of Public Facilities BC.1 12-00525 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MANAGEMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FORA 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 Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort END OF RESOLUTIONS BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING THE MAYOR AND MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE -CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTED AS CHAIRPERSON: Commissioner Carollo of the Bayfront Park Management Trust City of Miami Page 108 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Commissioner Sarnoff of the Downtown Development Authority Commissioner Spence -Jones of the Commercial Solid Waste Management Advisory Committee Commissioner Suarez of the Midtown Community Redevelopment Agency Commissioner Sarnoff of the Omni Community Redevelopment Agency Commissioner Spence -Jones of the Southeast Overtown/Park West Community Redevelopment Agency APPOINTED AS VICE CHAIRPERSON: Commissioner Carollo of the Mayor's International Council Commissioner Gort of the Midtown Community Redevelopment Agency Commissioner Suarez of the Miami Sports and Exhibition Authority Commissioner Suarez of the Omni Community Redevelopment Agency Commissioner Gort of the Southeast Overtown/Park West Community Redevelopment Agency APPOINTED AS MEMBER: Commissioner Spence -Jones of the Greater Miami Convention and Visitors Bureau Commissioner Suarez of the Metropolitan Planning Organization (MPO) Commissioner Suarez of the Miami -Dade County League of Cities Commissioner Spence -Jones of the Miami -Dade County Tourist Development Council Commissioner Carollo of the Miami River Commission 12-00525 Commissioners as Members of Boards CCMemo.pdf 12-00525 History Commissioners as Board Members new.pdf City of Miami Page 109 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0218 Chair Suarez: Okay, let's do the BCs (Boards and Committees) real quick. We have 20 minutes before lunch. Priscilla A. Thompson (City Clerk): But you're missing Commissioner Carollo. It's just one item for BC.1. Chair Suarez: Right, but -- Ms. Thompson: And that would be for the Commissioners as appointees -- Chair Suarez: Right. Ms. Thompson: -- to the boards. And I'll be more than happy to go through that if you're ready. Chair Suarez: Well, is there --? Okay. Ms. Thompson: Commissioners -- Chair Suarez: Right, right. That's what I was thinking. I don't know if all the other Commissioners are willing to stick with the -- Ms. Thompson: If may. Chair Suarez: Yes. Ms. Thompson: Commissioners, as required in Code Section 2-35, this item is being brought to you because you need to make your annual appointments. Chair Suarez: I understand. Ms. Thompson: What I wanted to say to you is that when you consider these appointments, I wanted to say upfront that any actions you take today will start the term on June 15, 2012 through June 14, 2012 [sic]. This is an issue -- this is an item you have to revisit every year in -- Vice Chair Sarnofff. You meant to say 2013. Ms. Thompson: I'm sorry, 2013. I'm still on vacation. Sorry about that. Chair Suarez: That's all right. Ms. Thompson: Okay, so that -- I wanted to make sure that was clear up front. So you have before you a summary now of the information that was in your original packet as to who is currently serving on the boards, the boards that need to be addressed. So I need to find out from you all if you want to handle it individually, one board at a time, or collectively or how would you like to handle it? Chair Suarez: Go ahead, Vice Chair. Vice Chair Sarnofff. No. Does anybody wish to come off a board? City ofMiami Page 110 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Chair Suarez: No. I think -- I mean, I'm okay with maintaining the status quo. I don't know if anyone else is. Commissioner Spence -Jones: Yeah. I mean, I -- that was going to be my next question. If we're fine with -- unless somebody wants to remove themselves, I think we should just vote for what is being presented, to keep it as it is. Chair Suarez: Can we do that in one vote? Ms. Thompson: Yes. Chair Suarez: Okay. Ms. Thompson: That would be beautiful. Vice Chair Sarnoff. So moved. Commissioner Gort: Second. Chair Suarez: Moved by the Vice Chair. Ms. Thompson: I'm sorry. Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. Ms. Thompson: Wait, wait, wait, wait, wait. Chair Suarez: I'll explain it to him. I'll explain it to him. Vice Chair Sarnoff. You snooze, you lose. Chair Suarez: Yeah, of course. Commissioner Gort: Okay, let's -- Chair Suarez: All in favor, sign -- Ms. Thompson: Wait a minute. I'm sorry. Because I'm -- Commissioner Gort: Wait a minute, wait a minute. Ms. Thompson: -- watching -- Chair Suarez: Moved by the Vice Chair. Ms. Thompson: Thank you. Chair Suarez: Second by Commissioner Spence -Jones. Ms. Thompson: Thank you. Chair Suarez: Maintaining the status quo on boards. All in favor, signifi, by saying aye." City of Miami Page 111 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 The Commission (Collectively): Aye. Commissioner Spence -Jones: I just have one statement. Ms. Thompson: Thank you. Commissioner Spence -Jones: I noticed as appointment as a member, I do sit on -- it's not on this sheet, though -- the Greater Miami Convention and Visitors Bureau. So do you want -- it's not on your sheet, but do you want to --? Ms. Thompson: Yes, it is. It's on your sheet. Chair Suarez: Yeah, but she's right. It doesn't say her name specifically, but yes. Todd Hannon (Assistant City Clerk): Oh, you're -- Chair Suarez: Yeah, she's right. Ms. Thompson: Okay, yes. Mr. Hannon: My apologies. Commissioner Spence -Jones: So -- Ms. Thompson: I have it in my notes. Yes, you do serve. Commissioner Spence -Jones: I just want to make sure. Chair Suarez: Yes. Ms. Thompson: Okay. Chair Suarez: We're maintaining that status quo, okay. Ms. Thompson: Thank you. Chair Suarez: Good stuff. END OF BOARDS AND COMMITTEES BUDGET BI.1 DISCUSSION ITEM 12-00463 Department of STATUS (SEC.18-542(b) CITY CODE) Management and I. 2011-2012 BUDGET Budget II.PROPOSED 2012-2013 BUDGET 12-00463 Summary Form.pdf DISCUSSED Chair Suarez: Okay, BI1, which is the budget. Daniel, Mr. Alfonso, you're up. Daniel Alfonso: Danny Alfonso, budget director. First, I want to make a general comment. City of Miami Page 112 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 We've talked in terms of fiscal year '12-13 and a couple of comments have been made about a $40 million deficit. I want to note that there has been no budget approved for fiscal year '12-13 yet. Therefore, there is not yet a deficit. We have a projected cash versus expense projection shortfall, but there is no deficit. So I want to make sure that people don't say there's a deficit. In terms of the current year operation, we're having good performance thus far. Most departments are coming in below actually what their budgeted is year to date. There are very few exceptions. I'll say, first of all, that we are projecting a surplus at the end of this year of about $7.1 million thus far if we maintain operations at the current level and we don't run into some -- Chair Suarez: Have any unexpected expenses. Mr. Alfonso: -- adverse or -- Chair Suarez: Right. Mr. Alfonso: -- unexpected situations. I think that is a conservative figure. There are a couple of departments, as I mentioned, police and fire primarily, are having some challenges in the areas of overtime. I think primarily there are some issues with their staffing and they're having to backfill with overtime. Nonetheless, even with that, they are, as of right now, able to meet their budgetary targets. I thank the Commission for approval of the midyear item last meeting, which will resolve some of the issues that we had in some departments. But if there's any questions -- I know I met with your staff or with you individually -- I'd be more than happy to answer those. Chair Suarez: Thank you, Mr. Alfonso. Any questions for Mr. Alfonso? Commissioner Spence -Jones: I just wanted to ask when are we going to be meeting again on -- I know that we talked about having another executive session, correct? Andl really want to make sure that we don't wait too late. Mr. Alfonso: I have asked staff to put together meetings with each of the Commissioners of at least an hour to two hours on the budget that we're trying to put together so that we get with you and get some of the priorities that we're trying to put in there and make sure that you understand what's going in there. Commissioner Spence -Jones: So the executive session would happen in June? Mr. Alfonso: Well, I'm not sure about the executive session. I'm talking about individually to talk about the budget. Commissioner Spence -Jones: Yeah. I'm talking about the executive session. Mr. Alfonso: Is there another executive session --? Commissioner Spence -Jones: 'Cause remember in our last meeting we wanted to -- we want to stay in front of this thing and not have it creep up on us and not address the issues and not feel as though in the last minute that we're being rushed and pushed to do something. So we talked in our last session that we would have a meeting before we went into July. I want to make sure that we're doing that. Johnny Martinez (City Manager): I don't think we had planned an executive session for budget. Commissioner Spence -Jones: Yeah. Mr. Martinez: We have executive session for our labor negotiations and things like that. City of Miami Page 113 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Commissioner Spence -Jones: Right, but that's -- Mr. Martinez: Yeah. Commissioner Gort: That's what she's asking for. Mr. Martinez: Okay, yes. Commissioner Spence -Jones: So can -- are we going to do that in June? Luis Cabrera: Commissioner -- Luis Cabrera, Assistant City Manager -- we're in the process of meeting with the unions right now. We had discussions with the AFSCME (American Federation of State, County and Municipal Employees) union, I believe it was a week ago, week and a half ago. And we're going to be meeting with the other unions. We've made some contacts with them. And as soon as we get some progress and additional information, then the -- we'll go ahead and call for an executive session through Janice and the Manager. Commissioner Spence -Jones: Okay, so I'm just -- thank you. I just want to make sure that happens in June so that we're not finding ourself in July, you know, struggling trying to figure out what we're going to do. And then August is the break. So I'm just wanting to at least officially put it on the record that we need to be reporting back to us in June on the issue of the overall budget and how we're addressing, you know, the union situation but also, just so that we're on the same page about how we're dealing with the overall budget. I just want to be clear, Madam City Attorney, we are able to meet in a session as a Commission on the budget, correct? Julie O. Bru (City Attorney): I believe that you had scheduled a budget workshop. Didn't we schedule a budget workshop? Mr. Alfonso: If we're referring to a budget workshop and not specifically talking about -- Commissioner Spence -Jones: The executive session. Mr. Alfonso: -- the executive session, you had asked for an exec -- for a -- Commissioner Spence -Jones: Budget workshop. Mr. Alfonso: -- budget workshop in June. We are going to schedule that. Commissioner Spence -Jones: Okay, so all would want to recommend is that let's do the budget workshop first and then do the executive session after that. Mr. Alfonson: Okay. Commissioner Spence -Jones: Because that would give them more time, I'm assuming, to work out whatever the details are, but we definitely need to do that budget workshop in June. I don't - - as many times as we can talk about the budget, I think we need to do that. Mr. Alfonso: Fair enough. Mr. Martinez: And that's right after our (UNINTELLIGIBLE). Mr. Alfonso: Right. Next week, June 1, the property appraiser will issue the preliminary values - - the preliminary preliminary because the true preliminary in July. But June, we'll get a very good idea of where the property values are for next year and so that will give us some sense of City of Miami Page 114 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 DI.1 12-00077 whether there's going to be a change in revenue, et cetera, for the property values. Commissioner Spence -Jones: Okay, thank you. Vice Chair Sarnoff Mr. Manager, in the ordering of life, it may be more useful to actually have your executive session before your budget workshop because that's the biggest -- 85 percent of your budget building block occurs as a result of where we find ourselves. Commissioner Spence -Jones: I'm fine with that. I just want to make sure that the two things happen. It doesn't matter ifyou do it before. I just want to make sure we're doing them in June. I'm cool with that. Vice Chair Sarnoff But you really do need to have executive first because if -- Commissioner Spence -Jones: Okay, that's fine. Vice Chair Sarnoff -- 85 percent of what you do is -- Commissioner Spence -Jones: Is going to be contingent of that. Vice Chair Sarnoff -- a projection -- Commissioner Spence -Jones: I'm fine. I just want to make sure we have it. Andl don't want it to happen in July, so either one need to happen in June. So I'm assuming you guys are making headway with the unions, correct? Commissioner Gort: I'm sure you're talking to them. Mr. Cabrera: I'm sorry, sir? Commissioner Gort: I'm sure you're talking to the unions. Mr. Cabrera: Yes. We have met with, like I said before, with AFSCME and we're working on meeting with the other unions. We have a strategy. We're going to propose that strategy and wait for their responses. Commissioner Spence -Jones: Okay. Mr. Cabrera: So we are meeting with them early. I feel extremely confident in the direction that this is going to go. So, you know, we'll see how that works out and we'll provide you the information. Commissioner Spence -Jones: Okay. Vice Chair Sarnoff All right. Anybody have any questions of Danny? No? Wow. That's got to be a first, Danny. END OF BUDGET DISCUSSION ITEMS DISCUSSION ITEM DISCUSSION CONCERNING THE CITYATTORNEY'S PREPARATION OF VARIOUS RESOLUTIONS FOR CHARTER AMENDMENTS THAT City of Miami Page 115 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 CHANGE THE DATES OF THE CITY OF MIAMI'S ELECTIONS TO COINCIDE WITH COUNTYWIDE ELECTIONS. 12-00077 Summary Form.pdf CONTINUED Chair Suarez: There's two -- three discussion items left. Actually a resolution, a discussion -- Commissioner Gort: And a pocket item. Chair Suarez: -- and a pocket item, so where do you want to get, folks? What do you want to do? Do you want to do your thing on the police officer hiring? Vice Chair Sarnoff Yeah. I'll try to be brief. And the Manager -- Commissioner Spence -Jones: Can -- I'm sorry, 'cause I do have to leave, but I want to ask -- 'cause I know that Commissioner Gort's item, he wants to address on the Charter issue and the civil service. Are you addressing that today? Commissioner Gort: I'm addressing it as a discussion. Commissioner Spence -Jones: As a discussion. Commissioner Gort: Yeah. No motion to be taken. Chair Suarez: Okay. Commissioner Gort: No action to be taken. Chair Suarez: And we're going to defer then the discussion on the elections, correct? Is that okay? Commissioner Spence -Jones: Yes. Chair Suarez: Yeah, okay, that's fine. Okay, so that -- what's up? Vice Chair Sarnoff Can we, Mr. Chair, bring that up at a time certain next Commission meeting? Chair Suarez: If you'd like, absolutely. Vice Chair Sarnoff The elections. Chair Suarez: Absolutely. Vice Chair Sarnoff Let's do it first thing out of the box. Chair Suarez: Out of -- first thing out of the box. Vice Chair Sarnoff Let's -- you know -- Chair Suarez: You're a glutton for punishment, aren't you? Vice Chair Sarnoff -- let everybody sharpen their pencils and -- Chair Suarez: You're a glutton for punishment, aren't you? City of Miami Page 116 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 DI.2 12-00465 Department of Capital Improvements Program Vice Chair Sarnofff. I -- you know what, I want to get it over with. Either we're going to do it or we're not going to do it. Chair Suarez: That sounds fine with me. We'll do it. Nine a.m. Vice Chair Sarnofff. Nine a.m. Chair Suarez: Actually, no; after protocol. Vice Chair Sarnofff. Yeah. Chair Suarez: So let's say 10 a.m. Vice Chair Sarnofff. Yeah, okay. Chair Suarez: Commissioner Carollo, 10 a.m. time certain for the next Commission meeting. I'm giving you two weeks' notice on that, okay? [Later...] Chair Suarez: I think Commissioner Gort has a pocket item. Before that, I just want to say that the Charter amendment on elections, if it's okay with all of you, instead of doing it at the next Commission meeting, if we can do it in a month? The reason why is I'm not going to be here at the next Commission meeting -- Vice Chair Sarnofff. Oh, yeah. That's fine. Chair Suarez: -- and I'd like to be here for it. That's all. Vice Chair Sarnofff. Okay. Chair Suarez: We'll do it at a time certain, the 10 o'clock, but in a month, okay, Madam Clerk? Commissioner Gort: I might not be able to be here either. I think I'm going to have another granddaughter on that day. Chair Suarez: Hey, good stuff. DISCUSSION ITEM DISCUSSION REGARDING PROPOSED ORDINANCES TO ESTABLISH SMALL BUSINESS AND LOCAL WORKFORCE PARTICIPATION REQUIREMENTS FOR COMPETITIVELY PROCURED CONTRACTS. 12-00465 Summary Form.pdf DISCUSSED Vice Chair Sarnofff. All right, moving on. D1.2 [sic]. Albert Sosa: Albert Sosa, director of Capital Improvements. This discussion item is related to the Administration's efforts to modin, certain sections of the code as they relate to procurements for construction and construction -related consulting, like design -type contracts. What we're trying to achieve is to create a small business participation requirement, as well as a local workforce participation requirement. As part of the package that was included, we included two City of Miami Page 117 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 draft ordinances basically of what our first readings would look like. What they involve on the small business side is a 15 percent requirement that firms that are doing business with the City on construction contracts at a minimum utilize small businesses registered with the County's community small business enterprise program on our contract. And there's a penalty associated with it if they don't achieve it. We -- the draft version that's in your package invokes a 3 percent penalty, 3 percent of the construction value. We've had -- during our briefings, it's been discussed that perhaps a 5 percent penalty would be more appropriate, and that's something we can definitely modnj, and incorporate by the time we get to first reading. One of the other items that we thought about adding was since the County's program is countywide for small business participation and their list is a countywide list, in order to create an emphasis on City firms, what we're going to propose to do at first reading is include language that for qualifications based selections. Whenever's there an RFQ (Request for Qualifications) for a design -build or for design -type work, that we actually assign bonus points to small businesses from within the City limits. So in other words, if you have two proposers, one who's proposing small business participation from within the County and a second one who's proposing the same small business participation but specifically from within the City limits, we would assign bonus points to that firm in order to emphasize the City firms. On the workforce side, what we're -- the ordinance that we're propose -- that we will propose requires that 15 percent of the on -site labor employed at the construction site be from within the City limits, be residents of the City ofMiami. And we do allow for some exceptions to that requirement. For example, if it's a contract that's primarily materials based, if we're purchasing a new air conditioning system, for example, it doesn't have a large on -site labor component, we would exempt that specific project from these requirements. We think it's a good way for the City to move forward and focus on small business participation in our contracts and get as many of our residents as we can involved in these projects. Chair Suarez: Thank you. Commissioner Gort. Commissioner Gort: In our discussion, one of the things thatl requested is to make sure that the businesses within the City ofMiami are aware that they have to register with the County. 'Cause my understanding is trying to create our own register with the City ofMiami businesses would be kind of difficult. Why do that? Just piggyback on the County, which I agree we can save a lot of time and money on that. But we have to make sure that our residents and our people that have businesses located in the City ofMiami are aware and they become part of that and that they get the RFPs (Requests for Proposals) and they get the information of any RFP that comes out. Mr. Sosa: We can create a system where -- like through our Web site where we list our procurement opportunities, we can link to the County's Web site, for example, in their small business office. And we can definitely ask people on our Web site, small businesses, to register with us so that we can automatically notify them of any advertisements when they do occur. Commissioner Gort: At the same time, they'll have the advantage of being registered in both places, and they might be selected by the County work too. Thank you. Chair Suarez: Thank you. Any further questions? END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Suarez: Ladies and gentlemen, as is our practice, we start on time. As soon as we have a quorum, we will get to business. In the meantime, do we have to do anything to start the Planning & Zoning, just to get any kind of procedural stuff that we can do and get out of the way? Priscilla A. Thompson (City Clerk): If you would like, you can go ahead and read your Planning & Zoning -- City ofMiami Page 118 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Chair Suarez: Procedure. Ms. Thompson: -- procedures. Chair Suarez: Yes. Madam Attorney, can we read the Planning & Zoning procedure just to get some work done while everyone comes back? Julie O. Bru (City Attorney): Good afternoon, Mr. Chair. At such time as the Planning & Zoning agenda starts, the PZ (Planning & Zoning) items will proceed according to Section 7.1.4 of the Miami 21 zoning code. Before any PZ item is heard, all those wishing to speak will be sworn in by the City Clerk. Staff will briefly describe each item as is to be heard. The members of the City Commission shall disclose any ex parte communications. The appellant or petitioner will then present the request or may waive the right to an evidentiary hearing. The order of presentation shall be as described in the City code. Members of the public will be permitted to speak on certain petitions. And please note that the City ofMiami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested item. Chair Suarez: Thank you. Ms. Bru: And finally, any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Chair Suarez: Thank you, Madam Attorney. Ms. Thompson: And if -- would you like for me to go ahead and administer the oath? Chair Suarez: Yes, please. Thank you. Ms. Thompson: Ladies and gentlemen, may I have your attention, please? As we are going to go through our procedures for the Planning & Zoning meeting, if anyone here is going to be testing on any items related to planning and zoning, I need you to please stand up so that I can administer the oath. I need you to please stand and raise your right hand. If you're testing on any P&Z item, I need you to please raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chair Suarez: Thank you, Madam Clerk. Anything else from a procedural perspective? We have a quorum now. So is there any items that the Administration -- on the P&Z list of items that the Administration wishes to defer or any Commissioner wishes to defer? We can take that up now 'cause we have a quorum. Vice Chair Sarnoff. Mr. Chair, I earlier said PZ.1 -- Chair Suarez: Okay. Vice Chair Sarnoff. -- andl would like to defer that. And I'd like that to come back at my request, if possible -- Chair Suarez: Okay. City ofMiami Page 119 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Vice Chair Sarnoff. -- Mr. Chairman, as well as -- Chair Suarez: So would that be a withdrawal or would that be a deferral? Ms. Thompson: If you do an indefinite deferral, you have up to six months. Vice Chair Sarnoff. I love those. Ms. Thompson: Okay. Vice Chair Sarnoff. I would like to move for an indefinite deferral. Ms. Thompson: So that means in six month's time, we will automatically put it on the agenda for you. And then if you're not ready to go with it, you can take some other action. Chair Suarez: And -- Ms. Thompson: Is that okay? Vice Chair Sarnoff That's perfect. Thank you. Chair Suarez: Would you like to be recognized on that? Ben Fernandez: I would, and I'd also like for my partner and my client to be present. I'm just not sure that we would agree to an indefinite deferral. Vice Chair Sarnoff. Well, I didn't say you wouldn't agree to it, but -- Chair Suarez: Well, I think what he's trying to say is -- Mr. Fernandez: I'm just saying. Well, it's a -- Vice Chair Sarnoff. This is where you have to be really deft. Mr. Fernandez: -- question of our procedural due process rights. And you know, I understand that a deferral may be appropriate. We're certainly willing to entertain additional negotiations with the neighbors. However, Mr. Chair, I believe that you received a letter from the opponent's attorney describing their procedural due process rights and their need to hire consultants, et cetera. And we believe that you also need to consider our client's procedural due process rights in making this determination. Chair Suarez: Mr. Fernandez, can you put your name and address on the record, please? Mr. Fernandez: Thank you, Mr. Chair. Chair Suarez: Thank you. Mr. Fernandez: Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the owner of PZ.1. Chair Suarez: Well, we have a pretty long-standing practice to defer to the district Commissioner on items that are planning and zoning in his district. You know, it's really up to the Vice Chair. Do you want to shorten the time or --? City of Miami Page 120 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Vice Chair Sarnofff. No, no, no, no. I want to leave it just as stated. And I can tell you all that I've made arrangements to sit and talk with them and I'll make those appropriate -- Chair Suarez: Disclosures. Vice Chair Sarnofff. -- Jennings disclosures at the time. But I'd like to be able to deal with this on my own timeliness. And understand everybody's due process rights and if they feel the need they need to sue me, go right ahead. Chair Suarez: Let me ask -- Mr. Fernandez: Can we just have a reasonable time frame, Commissioner, is all we're asking for instead of an indefinite time frame. Vice Chair Sarnofff. Andl understand that. But when I look forward to where we are today andl look forward to what's coming in front of this Commission, I wouldn't want to hear this much before November. That's how I see it. Mr. Fernandez: But -- and you understand that there have been multiple deferrals -- Vice Chair Sarnofff. I understand that -- Mr. Fernandez: -- before? Vice Chair Sarnofff. -- if you think in any way, shape or form I am harming your client in any shape, form, iota, that there are I believe 37 judges in Dade County who are more than willing to listen to your rights. Mr. Fernandez: But we can't agree to that, Commissioner. Vice Chair Sarnofff. You cannot? Mr. Fernandez: No. Vice Chair Sarnofff. Okay. Chair Suarez: Okay, there's been a motion proffered for -- Mr. Fernandez: For the record, I'd just like to -- Chair Suarez: Sure. Mr. Fernandez: -- indicate that there have been at least four deferrals of this item before the Planning, Zoning and Appeals Board in an attempt to negotiate this matter with the residents and this would then be the fifth hearing. And we have favorable recommendations from every City entity, every City staff and Plat and Street Committee on this item. So we don't see the need for an indefinite deferral at this time. Chair Suarez: Okay. Vice Chair Sarnofff. Well, an indefinite deferral, I'm told, comes back in six months. Also, I was just told it could come back at my request. So it's not indefinite in that you just heard the Clerk say six months. You also heard it could come back at my request. I'm pretty deft when I'm in front of a judge andl ask for a continuance, the same judge that will be judging my case. I just ask that same deftness with you. City of Miami Page 121 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Mr. Fernandez: If we have the ability to consult with you on an ex parte basis to request that it come back, that would be fine. Vice Chair Sarnoff I -- I'll put on the record. I spoke to your partner yesterday with the intention of setting a meeting up next week with him and others. I'll make the disclosure. I've been contacted by everyone that I know in politics concerning this matter, all the way up to the Vice President of the United States. What more do you want me to tell you? So there's my motion. I'd ask him to call the question. Chair Suarez: There's a motion. Is there a second? Commissioner Carollo: What is the motion? Chair Suarez: The motion is to defer -- Commissioner Carollo: I'm sorry. I (UNINTELLIGIBLE). Chair Suarez: -- indefinitely. Vice Chair Sarnoff That's all right. It's a motion to defer this, which will mean that in six months it would come up or it can come up at my request at any time within that six-month period. Commissioner Carollo: Right. I understand what an indefinite deferral is, but what item? Vice Chair Sarnoff Oh, PZ.1. Commissioner Carollo: PZ.1. Chair Suarez: This is the one that we had said before was going to be deferred in the morning. Commissioner Carollo: Right. This was a district -- Vice Chair Sarnoff It's a District 2 -- Chair Suarez: His district. Vice Chair Sarnoff -- item, Curtis Lane. It has to do with the -- I call it a vacation, if you will, of a cul-de-sac. Commissioner Carollo: Gotcha. Okay, second. Chair Suarez: Okay, there's a motion. Is there a second? Commissioner Carollo: Second. Commissioner Gort: It's been second. Chair Suarez: Seconded by Commissioner Carollo. All in favor, signift by saying aye." The Commission (Collectively): Aye. Chair Suarez: Item's deferred. Next one. City of Miami Page 122 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Commissioner Carollo: I wish most deferrals would come that easy. Chair Suarez: Anybody in the Administration? Mr. Garcia. Francisco Garcia (Director, Planning): Yes, please. I'd like to convey to the -- I'm sorry. Francisco Garcia, Planning and Zoning director -- Commission a series of items in the PZ agenda that we believe are going to be continued; some we will be proposing and some there are parties here that may also attest to their wish to continue them, those being items PZ.4 and 5, which are companion items for a property at approximately 840 Northeast 78th Street. We are asking that those be continued to the next like meeting. The same applies to item PZ.6. This one must be continued as the PZAB (Planning, Zoning and Appeals Board) has not yet heard this item. That is for a property at approximately 3601 North Miami Avenue. And the same goes for PZ.9. We're also requesting that that be continued, andl believe the appellant is here to attest to that fact. Chair Suarez: Thank you, Mr. Garcia. Sir, you're recognized. Gilberto Pastoriza: Good afternoon, Mr. Chairman, members of the Commission. Gilberto Pastoriza, 2525 Ponce. Yes, this is an appeal of a decision or a determination from the Zoning director. And your staff is currently working on an amendment to the Code that will resolve this appeal. Chair Suarez: Thank you, sir. Mr. Pastoriza: Yes, we agree with the deferral to your next meeting. Chair Suarez: Fantastic. Is there a motion to defer the items? Ms. Thompson: I'm sorry. I just want to make sure. Mr. Garcia did state on the record PZ.4 and 5 to the next like meeting, which is June 28; PZ.6 to the next like meeting, June 28 -- Chair Suarez: And PZ.9 to the next meeting. Ms. Thompson: -- and PZ.9? Chair Suarez: To the next like meeting as well. Ms. Thompson: Thank you. So they're all being continued to June 28. Chair Suarez: That's correct. Ms. Thompson: Thank you. Commissioner Carollo: And -- Chair Suarez: Yes. Commissioner Carollo: Mr. Chairman, thank you. Just as a caveat, it seems like we were going to be ready to go with PZ.7. I've gotten some last-minute opposition that I would like to discuss with our Planning director. So I don't want to defer it right now, but I do want to, you know, let Chair Suarez: Okay. Commissioner Carollo: -- whoever is here -- that there is a possibility, you know, of these City of Miami Page 123 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 PZ.1 11-00714sc last-minute e-mails (electronic) that we received andl would like to discuss it with the Planning director. Chair Suarez: Okay. Commissioner Carollo: So at this time I do not want to defer, but there is a possibility that we do Chair Suarez: That it will be deferred. Commissioner Carollo: That -- yeah. There's that possibility that -- Chair Suarez: Yeah. You're just giving everybody a heads up that -- Commissioner Carollo: Right. Chair Suarez: -- if they're waiting, you know -- Commissioner Carollo: Thank you. Chair Suarez: Okay. That's fine. Is there a motion to defer the items as -- Commissioner Gort: Move it. Commissioner Carollo: Second. Chair Suarez: Moved by Commissioner Gort, second by Commissioner Carollo to defer and continue the items as stated by the Administration. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE (THAT PORTION OF) CURTIS LANE EAST OF ROGERS ROAD AND EASEMENTS LOCATED ALONG THE NORTH AND SOUTH SIDES OF CURTIS LANE, EAST OF ROGERS ROAD, MIAMI, FLORIDA. 11-00714sc CC 05-24-12 Fact Sheet.pdf 11-00714sc Department Analyses & Maps. pdf 11-00714sc School Brd Concurrency & PZAB Resos.pdf 11-00714sc Application & Supporting Documentation.pdf 11-00714sc CC Legislation (Version 2) & ExhibitA.pdf LOCATION: Approximately Curtis Lane East of Rogers Road and along the North and South sides of Curtis Lane, East of Rogers Road [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Stephen Bittel, as Trustee of the Acme Real Estate Trust FINDING(S): City of Miami Page 124 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 PZ.2 12-00522hp PLANNING AND ZONING DEPARTMENT: Recommends approval. PUBLIC WORKS DEPARTMENT: Recommends approval. PLAT AND STREET COMMITTEE: Recommends approval on July 7, 2011 by a vote of 7-0. PLANNING, ZONING AND APPEALS BOARD: Recommends denial, which failed, to City Commission on April 18, 2012 by a vote of 3-5. Recommends approval as a second motion to City Commission on April 18, 2012 by a vote of 5-3. PURPOSE: This will close and vacate Curtis Lane, East of Rodgers Road and two North/South easements. Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A PROGRAMMATIC AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA STATE HISTORIC PRESERVATION OFFICE, THE ADVISORY COUNCIL ON HISTORIC PRESERVATION AND ANY OTHER AGENCY, AS REQUIRED, TO EXPEDITE THE CITY OF MIAMI'S FULFILLMENT OF ITS HISTORIC PRESERVATION RESPONSIBILITIES AS A RECIPIENT AND ADMINISTRATOR OF FEDERAL FUNDS UNDER SECTION 106 OF THE NATIONAL HISTORIC PRESERVATION ACT. 12-00522hp CC 05-24-12 Fact Sheet.pdf 12-00522hp HEPB Reso.pdf 12-00522hp Legislation (Version 1) &Agreement.pdf LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommends approval to City Commission on May 1, 2012 by a vote of 7-0. PURPOSE: This will fulfill the City of Miami's historic preservation responsibilities as a recipient and administrator of federal funds under Section 106 of the National Historic Preservation Act. 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, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo City of Miami Page 125 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 R-12-0217 Chair Suarez: There we go, we got a quorum. PZ.2. Francisco Garcia (Director, Planning): Item PZ.2 is a resolution. This is actually a fairly straightforward item. this is a -- what we call the Historic Preservation Programmatic Agreement with the State ofFlorida via which the state ofFlorida will defer the ability to make some decisions on behalf of the state for historic purposes to the City ofMiami. We are recommending approval and so did the Historic and Environmental Preservation Board. Chair Suarez: Is there a motion? Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner Spence -Jones. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. All in favor, signift by saying aye." The Commission (Collectively): Aye. PZ.3 ORDINANCE 11-00806zt TO BE CONTINUED BY THE ADMINISTRATION Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO.13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY MODIFYING ARTICLE 1, SECTION 1.2. ENTITLED "DEFINITION OF TERMS" AND ARTICLE 3, SECTION 3.6.3, ENTITLED "ADDITIONAL OFF-STREET PARKING REGULATIONS", TO ESTABLISH CONDITIONS AND STATIONING REQUIREMENTS FOR RECREATIONAL WATERCRAFTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00806zt CC 06-28-12 Fact Sheet.pdf 11-00806zt PZAB (10-00963zt1) Reso & CC Legislation (Ver. 2).pdf LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: For File ID 10-00963zt1, recommended approval to City Commission on May 18, 2011 by a vote of 7-1. PURPOSE: This will establish regulations and requirements for recreational watercrafts. Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones City ofMiami Page 126 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Chair Suarez: PZ.3. Francisco Garcia (Director, Planning): Item PZ.3 is before you on second reading. Item PZ.3, it has been amended from the last time that you saw it. And this is an amendment to Miami 21 to allow for the stationing or storing of watercraft on single-family residences. Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner Spence -Jones. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. This is a public hearing on PZ.3. Anyone from the public wishing to speak on PZ.3? Sir, you're recognized. Brett Bibeau: Thank you, Mr. Chairman. Let me hand a few copies of the letter to the Clerk for distribution. Brett Bibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. This letter serves as the Miami River Commission's official statement as requested in City Commission Resolution 00-320 regarding today's agenda item, PZ.3, which impacts the Miami River. During the Miami River Commission's December 5, 2011 public board meeting, the Miami River Commission considered the current draft ordinance and passed a resolution recommending Hie City of Miami's draft ordinance regarding storage of recreational vessels at homes, first to be considered by the City's Waterfront Advisory Board and the Miami River Commission's concerns (i. e., the current draft only allows boats on trailers, which together are less than 8 feet tall, City employees determining the seaworthiness and functionality of vessels, the concept of a warrant which is another tax, in order to keep a boat) and consider modeling it after the more acceptable Miami -Dade County ordinance regarding recreational boat storage at homes. The City Commission deferred the item several times in order for the City Administration to improve the draft, which is minorly [sic] amended at best today. Therefore, I respectfully recommend the item be deferred so that the Administration may prepare, distribute, and present to the City Commission's intent, which is an improved and revised draft ordinance that reflects commentary from the Miami River Commission and other affected parties. Your time and continued support for the Miami River are appreciated. And the letter is signed by our honorable chairman, Horacio Stuart Aguirre. I know there's a couple other speakers, Mr. Chairman. Thank you for your time. Chair Suarez: Thankyou, Mr. Bibeau. Sir, you're recognized. Ed Swakow: Good evening. My name is Ed Swakow. I'm the president of the Miami Marine Council, a local trade organization representing all aspects of the marine industry. We're here to -- also to oppose the ordinance that's proposed in PZ.3. Our primary objection to the ordinance is the height limitation on the boat that can be stored at the house. Eight feet simply isn't tall enough; that height needs to be a minimum of fifteen feet at best. I also would encourage some clarification on the wording. If you want residents of the City ofMiami to understand what this ordinance is all about, you maybe need to write it in some plainer language. Layer 3 and layer 4 I'm sure aren't going to be recognized by the average homeowner as their side and set -- and rear yards. Finally, I think the City Commission needs to recognize that boating activities are in fact a family friendly activity and should be encouraged. It's one of the jewels, one of the pleasures that we have here in Miami -Dade County and the City Commission needs to do all it can to allow its residents to keep their boats in these hard times. People aren't able to use their boat as often as they probably would like to because of the price of gas, andl would encourage you to, at a minimum, defer the ordinance and, if necessary, clam the ordinance and make the height restrictions on the boats that can be stored high enough to make it reasonable for people to comply with. Thankyou. City ofMiami Page 127 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Commissioner Spence -Jones: Mr. Chairman, I would -- Commissioner Gort: Thank you. Chair Suarez: Yes. Commissioner Spence -Jones: -- withdraw my motion. Chair Suarez: Motion withdrawn. The second withdrawn? Vice Chair Sarnoff Can I make some comments that might -- Chair Suarez: Sure. Vice Chair Sarnoff -- help, 'cause I think we've been at this for a long time and for us to do away with this ordinance, remember, means we leave ourselves absolutely unregulated, andl don't think even Mr. Garcia wants that, so let me just say a couple things. Parking in the second or third layer under this ordinance is allowed as of right. That means side and backyard. There is no provision for front yards. The typical Miami lot is probably 150 by 50 with 5-foot setbacks. Therefore, most houses in the City ofMiami will be able only to store a jet ski or a canoe with this legislation. Towns such as Surfside and Bay Harbor Islands -- I would suggest to you guys probably really nice places -- allow boats parked out in front. Other municipalities, such as North Miami, allow what's called a hardship'Provision, allowing boat storage in the front yard, if impossible to do so in the side or back, and of course properly screened. As the industry said, boating is a wholesome fun activity. Boating is good for Miami economy, marinas, repairs, equipment, sales. Let's be candid with each other: Broward County is eating our lunch when it comes to boating and we've allowed that to happen. Boating or the use of our natural assets, resources should be encouraged. Dock slips and dry racks, you know, let's be honest, they have become prohibitively expensive in Miami, and in many cases, exceeding the value of the boat that we're actually storing. There is some arguments that we've heard before and I'd like to be able to refute them, if you remember the first meeting. The first argument was that this would cause a proliferation of hedges that would discourage eyes on the street and curb appeal. Well, let me just say this, that one can already hedge or obscure their house with landscaping. Primary example of that is Coconut Grove. Maybe the primary example of that is my house; it's got a pretty big screen in front of it of hedges and whatnot. So I don't think this would cause a proliferation because that assumes that everyone would rush to go out and buy a boat upon the passage of this ordinance, and a boat is a large capital expense that probably would not cause a proliferation of hedges. The second counter to that, there are plenty of places in Miami that may even benefit from an 8-foot hedge. So here's what I suggest. The type of boat that could be stored in the front yard would not be able to be that large given the 50 foot wide lot and limited front setback, so whatl suggest we do is limit the height of the boat in the front yard to either 8 or 10 feet and allow the 15-foot boat to be on the side yard. This is something we have been speaking with a very friendly Planning and Zoning director who just simply does not agree with our thoughts and wants this to occur from the dais because he, as a professional, cannot think in good faith support this. On the other hand, we as policymakers I think should promote watercraft usage, should promote the ability for people to use it. There are towns, I think nice towns, Surfside, Bay Harbor, North Miami, that allow this. Andl think we can amend this from the dais, andl think we can move this thing along because for the past two or three years -- two years now or three years? -- two years we've had no legislation, so theoretically, you could park your boat wherever you want. Thank you, Mr. Chair. Chair Suarez: Okay. The mover withdrew her motion. Does anyone want to make a new motion? Vice Chair Sarnoff I'd renew my motion with my comments. City ofMiami Page 128 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Chair Suarez: Okay. Is there a second to that motion? Commissioner Spence -Jones: I just have a question before I -- Chair Suarez: Sure. Commissioner Spence -Jones: -- second it. Commissioner Carollo, you sit actually on the Miami River Commission, correct? Commissioner Carollo: Yes. Commissioner Spence -Jones: Can we at least hear from him on this issue -- Chair Suarez: Of course. Commissioner Spence -Jones: -- Commissioner Sarnoff, 'cause I know that he's -- Chair Suarez: We intend to. Commissioner Spence -Jones: -- I see Brett is here and he's speaking on behalf ofMiami River Commission, so I'm assuming this is something that's come up in front of your board, correct? Commissioner Carollo: We haven't discussed it at the board yet, or at least haven't been present if it's been discussed, but I don't think it's been discussed. I could tell you, if they're requesting a deferral -- I also have, you know, my own issues that I've placed on the record in the past which regards to, you know, something you mentioned, maybe a hardship for boats that are, I don't know, 23 feet, 22 feet or less because I know for a fact -- and it's not just District 3. I know some of my colleagues' district, there are boats that are parked in the front yard because there is no space in the side yard to park it in. If they have that hardship, what are they going to do? You know, like of someone -- a constituent ask me, Commissioner, listen, it's an 18-foot boat. It's no big deal. Where am I going to --? What am I going to do now? You know, storage cost is going to be more than the -- Vice Chair Sarnofff. Value of the boat. Commissioner Carollo: -- boat is worth; what can I do? I wouldn't know what to answer, so I would like time to figure it out or at least, you know, work with the Administration to -- maybe, you know, something you mentioned, a hardship, some type of hardship provision where we have certain guidelines so it's not abused. But you know, Miami Children -- I'm sorry. Miami River -- still on my mind -- Commission, you know, wants a deferral. I would want to grant them the deferral. Chair Suarez: Okay. Does the maker accept that? Vice Chair Sarnofff. I do. I just would like to see this finally come back. Chair Suarez: Right. Vice Chair Sarnofff. I'd like to see us have legislation -- Chair Suarez: I agree with you. Vice Chair Sarnofff. -- in place. I don't think this is a two -month fix. I think this is a two -week fix. City of Miami Page 129 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Commissioner Gort: Yes. Vice Chair Sarnofff. I think all you need to do, Mr. Garcia, under protest, and you should say, under protest, Commissioner, I am now drafting this legislation based on the comments that you've heard. Maybe put in front of us where you think we have spoken inconsistently so we can reconcile it on the dais. Commissioner Carollo: Right. Vice Chair Sarnofff. And where we have spoke consistently, let's create that legislation. Chair Suarez: Mr. Aguirre. Horacio Stuart Aguirre: Mr. Chairman, thank you. In support of the Miami River Commission's position, I'll speak not as chairman of the Miami River Commission but as president of the Durham Park Neighborhood Association, a single-family residential community on the banks of the Miami River. I totally agree with everything Commissioner Sarnoff has said -- Vice Chairman Sarnoff has said. We do need legislation. We have some abuses that are absolutely ridiculous. We've got a few folks in our neighborhood that looks like they're keeping small destroyers. But on the other hand, we are not Coral Gables, we're not Pinecrest. This is a middle-class community and we're very happy to live in it, and we're not a community that can afford parking spaces at some of the larger, more expensive yacht clubs ofMiami. So I agree with you, Vice Chair Sarnoff, there is a time and a place, hopefully very soon, where we can find a medium working solution. I've got to say that I really appreciate Francisco's position. His heart's in the right place. He means well. He understands what we're trying to do. Andl think it's just a little bit of working it together and massaging it. Vice Chair Sarnofff. Mr. Garcia, I'd like to live in the city that you propose your legislation for if my next door neighbor had a boat, so I understand your position. Chair Suarez: It's hard to argue with that. Vice Chair Sarnofff. No, I understand his position. Chair Suarez: It's hard to argue with that. Vice Chair Sarnofff. On the other hand, we, as policy makers, I think have to afford for everyone. Chair Suarez: I think it's a fine line because what happens is we get the complaints, one way or the other. We get a complaint from a resident who says, I can't park my boat there. When we give them the right to park their boat there, we get a complaint from a resident that says I don't like the boat; it's unsightly, it's in the front yard, it's not well kept, et cetera, et cetera, et cetera. So it's a tough one for us. Vice Chair Sarnofff. Just make sure that whatever we put, I can put the ex -Volvo Puma boat in my house because I think I'm bidding on that. It's a little big. It's about 140 feet, but it shouldn't be a problem. Chair Suarez: No problem. You got two lots, right? Vice Chair Sarnofff. There you go. Chair Suarez: Anyhow. Okay, so we -- will the maker withdraw his motion? City ofMiami Page 130 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Vice Chair Sarnofff. I'll withdraw it if we move to have this come back at the next P&Z item [sic]. Chair Suarez: Okay, the next like meeting. Commissioner Carollo: Second. Chair Suarez: It's been moved and seconded. Can we have -- can you meet with, despite your objections and reservations, the Miami River Commission and with the Commissioners that have taken leadership on this so we can get this thing moving? Mr. Garcia: I certainly will. Andl certainly have no objection or reservations about meeting with all the stakeholders whom I've met with before and will gladly meet with again, nor do -- for the record, nor do I have necessarily an opposite position to any that has been stated here today. I will come back to you with legislation once I've met with everyone that seeks to accomplish what you've stated and also that sets forth guidelines to accomplish it in an orderly fashion. I think that's (UNINTELLIGIBLE) we can do for this. Chair Suarez: But we do kind of need to wrap this up so, Mr. Roche, I'll let you wrap it up for us and then we'll take a vote on the deferral. Manny Roche: Thank you. Manny Roche, 3101 Southwest 19th Terrace. I also agree with Commissioner Sarnoff on this item particular. We should allow for the people that cannot afford the storage to have their boats, but we do need to make certain provisions in that and that is that maybe we should not allow them to start them up, which is a requirement for these people that keep the boats (UNINTET,T IGIBT ,F) have -- hookup their hoses to them and start them up and hear that boat is revving up in the morning just right before they take it out to ocean, so there are things that, you know, when you have -- andl have a neighbor that has one and so I can attest to that. When you have that situation and you live next to that person that has that, it kind of is a little bit bothersome, so maybe we can tweak that and have everybody have their say and have a little bit of fun, but at the same time have the peace of mind that you're not going to be sleeping and that motor's going to go off and so forth. Thank you, Commissioners. Chair Suarez: Thank you, Mr. Roche. Vice Chair Sarnofff. Mr. Roche, I used to have a Harley-Davidson, and once I got rid of my Harley, my neighbors started liking me. Commissioner Gort: Wonder why? Chair Suarez: Okay. There's a motion for a deferral. All in favor -- Priscilla A. Thompson (City Clerk): Excuse me. Excuse me, Chair. Before you vote on -- Chair Suarez: Yes. Ms. Thompson: your motion -- Chair Suarez: We need to close out the public record. All right, anyone else from the public wishing to speak on PZ.3? Seeing none, hearing none -- are you? Orin Black: Yes. Chair Suarez: Really? City of Miami Page 131 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Mr. Black: Yes. Chair Suarez: We're going to defer it. Mr. Black: Yes, please. Chair Suarez: Okay, go ahead. Mr. Black: My name is Orin Black. I'm with the Fifth Street Marina at 341 Northwest South River Drive. And l just want to speak briefly about access. You know, I don't know if it's understood that in the industry today we have 680 less boat slips out there than we had ten years ago, so many people, the common Joe, don't have anywhere else to -- Chair Suarez: Yeah, and ifI can jump in there. You're right, there's a net reduction and there doesn't seem to be any way that that's going to increase in the near future because I think the regulations -- Vice Chair Sarnoff DERM (Department of Environmental Resource Management), right. DERM will not allow you to create -- Chair Suarez: Yeah. Vice Chair Sarnoff -- a boat slip without losing -- Chair Suarez: I don't think you can. Vice Chair Sarnoff -- a boat slip. Chair Suarez: Yeah, I don't think you can at this point. It's incredible. It really is a finite amount of capacity. I mean, there really is -- I think we all agree on that. Mr. Black: So thank you very much. Chair Suarez: Thank you, sir. Appreciate you keeping your comments short and brief. It was like 23 seconds. That was a world record for this body. Okay, there's a motion and a second. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. Ms. Thompson: Just for -- Chair Suarez: Item is deferred. Ms. Thompson: -- clarification. I'm sorry, Chair. And the maker of the motion wants this to be resche -- I'm sorry. Chair Suarez: Deferred to the next like meeting, 30 days. Ms. Thompson: June 28. Chair Suarez: Right. Commissioner Carollo: Continue. Chair Suarez: That's correct. City of Miami Page 132 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 PZ.4 ORDINANCE First Reading 11-007001u AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-007001u CC 06-28-12 Fact Sheet.pdf 11-007001u Analysis, Maps, School Concurrency & PZAB Reso.pdf 11-007001u Application & Supporting Documents.pdf 11-007001u CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 840 NE 78th Street [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Lynn M. Summers, Authorized Representative, on behalf of Marine Max East, Inc., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-1. See companion File ID 11-00700zc. PURPOSE: This will change the above property to "Medium Density Restricted Commercial'. Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.5 ORDINANCE First Reading 11-00700zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R" URBAN CENTER ZONE -RESTRICTED TO "T5-O" URBAN CENTER ZONE -OPEN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 133 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 11-00700zc CC 06-28-12 Fact Sheet.pdf 11-00700zcAnalysis, Maps & PZAB Reso.pdf 11-00700zcApplication & Supporting Documents.pdf 11-00700zc CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 840 NE 78th Street [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Lynn M. Summers, Authorized Representative, on behalf of Marine Max East, Inc., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-1. See companion File ID 11-007001u. PURPOSE: This will change the above property to "T5-O" Urban Center Zone -Open. Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.6 ORDINANCE First Reading 12-00084zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-12-0" URBAN CORE TRANSECT ZONE TO "T6-24-0" URBAN CORE TRANSECT ZONE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3601, 3651, 3681 AND 3701 NORTH MIAMI AVENUE; 3610, 3620 AND 3630 NORTHEAST MIAMI COURT; AND 17 AND 25 NORTHEAST 36TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAININGASEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-00084zc CC 06-28-12 Fact Sheet.pdf 12-00084zcAnalysis & Color Maps.pdf 12-00084zc PZAB Reso.pdf 12-00084zcApplication & Supporting Documentation.pdf 12-00084zc CC Legislation (Version 3) & Exhibit.pdf LOCATION: Approximately 3601, 3651, 3681 and 3701 North Miami Avenue; 3610, 3620 and 3630 NE Miami Court; and 17 and 25 NE 36th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of Fifteen Midtown Properties, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. City of Miami Page 134 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on June 6, 2012. PURPOSE: This will change the above properties to "T6-24-0" Urban Core Transect Zone. Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.7 ORDINANCE First Reading 12-00086zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R" GENERAL URBAN ZONE TO "T4-O" GENERAL URBAN ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 832 SOUTHWEST 12TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-00086zc CC 06-28-12 Fact Sheet.pdf 12-00086zcAnalysis & Updated Color Maps.pdf 12-00086zc PZAB Resos.pdf 12-00086zcApplication & Supporting Documentation.pdf 12-00086zc CC Legislation (Version 4) & Exhibit.pdf LOCATION: Approximately 832 SW 12th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Elias & Son Investments, Inc., Gustel Enterprises, Inc., Cristhel Enterprises, LLC, J&J Holdings, Inc., and Joaquin and Carmen Alvarez, Owners (Edgewood Investment Partners, LLC, Contract Purchaser) FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval as modified by the City Commission on First Reading. PLANNING, ZONING AND APPEALS BOARD: Recommends denial to City Commission on April 18, 2012 by a vote of 8-0. Recommends approval as a second motion to City Commission on April 18, 2012 by a vote of 8-0 for the property at 832 Southwest 12th Avenue to "T4-O" General Urban Zone. PURPOSE: This will change the above property to "T4-O" General Urban Zone. Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Chair Suarez: PZ.7. Francisco Garcia (Director, Planning): PZ.7 is a first reading ordinance seeking to obtain a City of Miami Page 135 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 zoning change at a property with address approximately 1204 Southwest 8th Street, roughly at the corner of Southwest 8th Street and Southwest 12th Avenue. The change sought is to T5-O. This has been recommended for denial by the Planning, Zoning andAppeals Board unanimously, and the Planning and Zoning Department also recommends denial. However, we would recommend your favorable consideration of approving this item should the change be to T 4-O, and what that would do is it would require any development of this site to go through the -- through a -- the warrant process. And I'll tell you briefly that the warrant process is an administrative review; however, that could be appealed to the Planning, Zoning andAppeals Board and subsequently to the Commission if necessary. I'll answer any questions you may have. Thank you. Chair Suarez: Thank you. It is a public hearing item. First, we'll hear from the applicant and then we'll open it up to the public. Priscilla A. Thompson (City Clerk): Excuse me, Chair. I'm sorry. Chair Suarez: Yes. Ms. Thompson: Before you open up the public hearing, I have individuals who have just come in to sign up to speak so I know that they're going to be need -- they're going to need to be sworn in, so may I -- Chair Suarez: They have not been sworn yet? Ms. Thompson: That's correct. Chair Suarez: So let's do that now. Ms. Thompson: Okay. Ladies and gent -- Chair Suarez: Anyone who's speaking on this item -- Ms. Thompson: Yeah. Chair Suarez: -- and has not been sworn, please stand up. Ms. Thompson: Ladies and gentlemen, if you're here, you're going to speak on a P&Z (Planning & Zoning) item, you've not been sworn in yet, I need you to please raise your hand so I can administer the oath. The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Ms. Thompson: Thank you. Ines Marrero: Okay. Good afternoon, Mr. Chairman, members of the Board. My name is Ines Marrero. I'm attorney with offices at 701 Brickell Avenue. I'm here on behalf -- as an authorized representative of the property owners. We have three property owners, as well as the developer of the property, which is Edgewood Development. And the intended use has been disclosed andl will discuss it for you. It's to rezone one lot. All we need to do and what's before you is -- the intent is to rezone one piece of property to allow the development of a banking facility with a drive -through lane. The property -- andl hope you don't mind the PowerPoint. I find it's very environmentally friendly. All those boards end up in landfills. In this way, we save some trees and some space in the landfill. The property is less -- is a little bit over half an acre. A lot of you are familiar with it; drive by it very often. I actually could run over there. It's on the City of Miami Page 136 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 corner of Southwest 8th Street, Calle Ocho, and 12th Avenue. This is the property -- one of the lots on 8th Street. This was a property that had some building that was abandoned and it was burned down. Andl will also report as part of the zoning process in bringing this property -- these properties before you, we had to clean up all of the zoning violations on the site and pay the City all of the code enforcement leek -- excuse me, liens, so the process by itself has generated revenue to the City. This is a property on the corner of Southwest -- of 12th Avenue and 8th Street, and this is another one of the properties on 12th Avenue. And this one house -- the one property on the two-story multifamily home there is the one that we would need to rezone. The application requested the downzoning of three properties from T6 to T5 and the upzoning of one property from T4 to T5 and that is because your Miami 21 code has a lot of technical criteria of how an application can be applied. As you remember, one of the problems that the neighbors had with the way the zoning occurred in the past was that a lot of people would come in, take what was a commercial -- a single-family home and request to rezone it to commercial and that became problematic. So Miami 21 has -- in one of its criteria is something called successional zoning. You cannot jump from a 4 to a 6. You have to jump from a 4 to a 5 and from a 5 to a 6. So we were forced to do the assemblage and requested downzoning everything to one uniform zoning, which is T5, which is all consistent, by the way, with the comp plan. Your comprehensive plan recognizes that this entire little corner, this first block of the corner of 8th Street and 12th Avenue, will be developed with commercial uses. That's why we're not requesting a land -use change. We're merely requesting a rezoning. So this is what the zoning is right now. What we want to do, as I said before, is a bank with a drive through teller. Like we've had a lot of these -- my firm represents TD (Toronto -Dominion) Bank, but we also have seen a lot of them for Chase. They're very active in our city doing these new bank branches with drive -through lanes. Well, that one yellow lot all the way in the south does not allow us to have a drive -through because we're zoned T4-R. What we were proposing is T5-O, but the intent is really to have T4-L because, as you remember, a couple of years ago Mr. Pastoriza had an application on 27th Avenue where he was trying to rezone a residential property to a drive through and there was an impasse with the neighbors; they didn't want the rezoning to take place, so Chairman Suarez sponsored a code amendment that allows the drive-throughs to exist in the T4 if there's a warrant. So in short, this is the proposed site plan we've submitted to the City. These are the elevations of what we plan to do. It's a TD Bank on the corner with parking on the back. Like most of these, like I said, the prototypes for both Chase and TD Bank are very similar. They're very attractive. TD Bank is -- not to promote the client -- but they're really a great banking institution in activating the street because they're open 7 days a week and they're open until 7 o'clock at night, so you actually have a bank branch where people can go late at night and you have security and it's active and it's used and on Sundays as well. So your Planning Department says it's recommending denial, but what they're recommending denial on is what we filed for, but they're really recommending approval for what we need, which is to rezone that one lot from T4-R to T4-O, and that would require then that we file for the warrant and go through the administrative approval for the proposed banking facility, and the client is in agreement with that. And we were before the Planning Board and the Planning Board -- that was the recommendation of the Planning, Zoning and Appeals Board. There was nobody really present at that time. And we strongly urge you to support the -- let's call it modified recommendation of rezoning of that one property as presented by staff. Chair Suarez: Thank you. Is there anyone else who would like to speak on PZ.7? Yes, please. Corinna Moebius: Hello, Commissioners. Thank you for giving me the opportunity to speak. I am a resident of Little Havana, a business owner in Little Havana, a tour guide of cultural tours in the area, and a community leader, andl care very deeply about this neighborhood and about the historic commercial district of Calle Ocho. I am against this rezoning for a number of reasons and it -- this is not just me. I stand before you, but I want to mention that you, in your in -boxes, should have e-mails (electronic) from other residents and stakeholders: Nate Corn (phonetic), Riza (phonetic) Fernandez, Ron Sadaka from In the Roads magazine, so from adjoining neighborhoods as well, and Bill Fuller, who is with me. The issue here is we -- this is City of Miami Page 137 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 on 12th Avenue and Calle Ocho. It is one block away from Cuban Memorial Park, and it sits right in between a famous cigar factory, El Titan De Bronze's cigar factory, which is one of the only places left where people are still -- where every single one of the cigars is made -- is hand -rolled, and so it's a key place for tourists to visit and people from all over the world visit there. A lot of filming is done there as well. However, when I have to take tourists, which includes Miami's -- people from Miami getting to know Little Havana andl have to walk past the blight of the CVS (Consumer Value Stores) big -box store that somehow went through the cracks and got put in there on the other corner of 12th -- of 8th Street and 12th Avenue, I have nothing really to talk about until get to that cigar place, and now you want to rezone and destroy a historic building that is on that corner. We have raised a lot of historic buildings in Little Havana, butt have a guide to Little Havana online, littlehavanaguide.com. I get comments all the time from people who now want to move into this neighborhood. There is a renaissance of activism happening in the neighborhood and people specifically talk about the historic and cultural assets. They do not want to see another, visually at least, chain entity coming into the neighborhood. Now, mind you, if a bank wants to go in there, that's fine. It's not so -- for me, it is about the raising, and for Bill as well, and for others it is about not being out of the box and thinking about other ways that you can reuse our existing buildings and use them effectively versus destroying and rebuilding and affecting the historic character of this area. Furthermore, I want to say something about drive-throughs. We can look -- in the City ofMiami, we have been a car -oriented city for far too long. This is a walkable area, and we have people walking from Brickell and we have tourists walking all along Calle Ocho and more people are walking and more people are moving into our neighborhood, so why do we want to put a drive -through, another thing that is all about the car and not about pedestrians. If we want to think about the city of the future that we want Miami to be, we have to start thinking about our pedestrians and we have to start thinking about our bicyclists. So, again, I urge you to vote against this zoning change, against the destruction of yet another historic building. Let's preserve the historic and cultural character of this very important destination which receives 2.5 million visitors every single year and is one of the most rapidly growing tourist destinations in Miami. Thank you very much. Chair Suarez: Ma'am, can you put your name and address on the record, please. Ms. Moebius: Yes, I did. Oh, Corinna -- Chair Suarez: Can you, please. Ms. Moebius: I'm sorry. Chair Suarez: Thank you. Ms. Moebius: My name is Corinna Moebius -- Chair Suarez: Right. Ms. Moebius: -- 503 Southwest 9th Avenue -- Chair Suarez: Thank you. Ms. Moebius: -- in Miami 33130 -- Chair Suarez: Thank you so much. Ms. Moebius: -- East Little Havana. Chair Suarez: We gave you extra time 'cause I know you're representing the voice of more than City ofMiami Page 138 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 one person so. Ms. Moebius: Thank you very much. Chair Suarez: You're welcome. Sir. Bill Fuller: Good afternoon. My name is Bill Fuller. I'm the cofounder with Corinna Moebius of the Little Havana Merchant Alliance, and I also am the vice president of V ernes Culturales. I am also pro development for Little Havana. My company, Barlington Group, recently developed the Goodwill store on loth Avenue and 8th Street, and we went through a process of using the building in an adaptive reuse and it -- and to my knowledge, it's one of the best Goodwill stores in Miami -Dade County right now. I absolutely -- I don't mind that TD Bank wants to come in. We had been working feverishly and with all of our energy, force, and might to make Calle Ocho the most positive neighborhood to increase its tourism, and it doesn't surprise me now that after all these efforts, CVS wants to come in and Chase wants to come in and TD Bank wants to come in and I'm sure many, many other big, large companies are going to want to come in on the back of our efforts. TD Bank can be there. It will provide a service to our neighborhoods. We don't have a problem. The only thing that I ask is that the 1930 structure that is on the corner be respected and observed, just like they would on Miami Beach; they would incorporate it into their plans and they would build a TD Bank around including that. And I'm not asking for a historic designation. I'm simply saying that I would only agree with this type of zoning designation if they were to protect the building. If they weren't to protect the building, then I adamantly disagree with what this is. The other thing that I want to do quickly is that I want to bring into record a piece of documentation that has been missing from this chambers for the last 25 years. In 1986, Calle Ocho was designated a historic street by state law. I would ask the City Attorney to review this between this hearing and the next hearing and/or -- if there is a next hearing, and would say that any piece of zoning change that comes forward to Calle Ocho now be reviewed under the state law that was passed and brought into law in 1986. It clearly says that buildings cannot be modified or adapted until they are reviewed by the State Preservation Historic Board. This has been -- this was not looked at with the CVS. It was not observed in all the buildings that had been done. But it is for the record andl want it to be a permanent part of the City record from here going forward. Chair Suarez: Thank you, Mr. Fuller. If you give it to the Clerk, she'll put it on the record. Okay, anyone else from the public wishing to speak on PZ.7? Hearing none and seeing none, the public hearing on PZ.7 is closed, coming back to this Commission. Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. First of all, I want to address what the gentleman just mentioned with regards to Southwest 8th Street being designated historic and what exactly does it represent with regards to legality and what we can and cannot do. You know, I think this needs to go to our City Attorney also so they could -- and I don't know if you're going to have sufficient time to review this, Ms. Chiaro. Ms. Chiaro: If you want to take a comment from your Planning director, he and l just discussed this. This does have to do with the designation of the street itself, the right-of-way, as a historic thoroughfare, but I will look at it more closely. I presume then that you would accept it as part of your record, and we'll look at it to tell you if it has any impact whatsoever on the private buildings. Chair Suarez: Commissioner Gort. Commissioner Gort: Let me ask you a question. At one time I recall the -- that area between 12th Avenue and 17th Avenue and Southwest 9th Street to Northwest 1st Street was declared the Latin Quarters, and in order to build anything in there, you had to comply with certain requirements. Does that still exist? City of Miami Page 139 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Mr. Garcia: No, sir. The Latin Quarter Review Board, which was in place for many years, and the guidelines that went along are no longer in effect. Commissioner Gort: Okay. Chair Suarez: Commissioner. Commissioner Carollo: Thank you. Is it possible to show the pictures of what's there right now? Ms. Marrero: Absolutely. Commissioner Carollo: And by the way, Mr. Garcia, it appears like what we had spoken about from T4-R to T4-O will not address their issues, correct? Mr. Garcia: Well, let's -- and perhaps -- yes, I'm more than happy to address that at the moment and then perhaps we can move forward afterwards. I will say two things perhaps to clam a little bit of the comment that you've heard. The properties -- andl say the properties because there are a number of lots encompassed by this application, but those which are on the corner of Southwest 8th Street and Southwest 12th Avenue, so the preponderance of the subject of this application is actually presently zoned T6-8 O so that allows the (UNINTET,TIGIBLE) of right to do essentially the building they are proposing to do. They have to comply with a set of standards which have been put in place as a result ofMiami 21, which essentially require them to make it a pedestrian friendly building with large components of transparency, storefront, et cetera. The reason I believe that the recommendation we've made is advantageous is because any additional development they would do would have to go through the warrant process, which then has them submit a set of plans and submits those plans to the review of the Planning Department and we then are able to apply design review to the proposal. In addition to that, and under the heading of providing additional safeguards to the community and those concerned citizens, they would, should they want to, come by the Department, review the plans, and also appeal them should they not be satisfied. So it does give them the sort of recourse I believe they would want. The other statement that I'd like to make just to clam and for the record is that the building, although certainly old and probably older than 50 years -- that would be my guess, not knowing firsthand -- it is not historic. And by that what I mean is that it is not subject to the protections of Florida historic structures in the City ofMiami and it has not been designated as such, although it may very well be of the age that would merit qualification as a historic structure. Commissioner Carollo: Thank you, Mr. Garcia. Ms. Moebius, you know, we've met in the past, not on this issue; on other issues, so you know I truly appreciate your opinions and you know thatl care quite a bit about residents, businesses, you know, especially on 8th Street, and we spoke about that, and again, it wasn't on this specific issue but just in general. What I am seeing is -- first of all, there's a vacant lot and then, yes, although there's a building right there on the corner -- it's just a square building. I mean, it's been there quite a bit and actually, it's been shut down with -- I don't know what you call it. Chair Suarez: Maybe building -- the Building Code or something? Commissioner Carollo: Yeah. Chair Suarez: Accordion shutters. Commissioner Carollo: Yeah, the building shutters, but there's a exact name for the ones. And even then, it's been -- I use -- I go by here every day -- broken in the middle where someone could get in andl don't know if -- and the parcel behind is the National Tile company. Realistically, I would ask myself, would you bring tourists to see this location and the other City ofMiami Page 140 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 location? I don't see what's there to really see, you know, at least from this location, especially the way it is, you know. And now I'm seeing that there's an opportunity that on a vacant land and in a building that's been rundown for I don't know how many years, you know, there's a chance of actually, you know, upgrading. Even though, yes, there's still many other locations in Little Havana, which I agree should maintain that characteristics of something that we spoke about that, you know, if you want a real local flavor, a real taste of you know, the businesses that are owned by, you know, mom -and -pops and people from the community, then, yes, you could come to 8th Street and see that, but just in this location, I mean, when you look at it, I think it would be an improvement. And we may differ in opinion. The issue I have with this is because of Jennings ruling, I can't really discuss this with you outside of the meeting unless I disclose and a whole bunch of things, which I haven't done yet with other PZ items. But this is a two -vote issue. In other words, on first reading we'll take a vote and then it comes back yet again for second reading. So I would, you know, respectfully disagree with you andl would vote in favor of this on this reading and maybe between first reading and second reading -- I don't know if you could speak to our Planning director and maybe, you know, we could come to some consensus of what should be there. But in all fairness, when I see this picture -- andl don't know if we could actually place it up on the board. I mean, we have a vacant lot here. This building -- Ms. Marrero: No, I can't zoom in. Commissioner Carollo: No, that's fine. You can actually see whatl was talking about, that even the -- Chair Suarez: I'm one step ahead of you. Commissioner Carollo: There you go. Thank you. Thank you, Mr. Chairman. That's why we're colleagues; teamwork. Chair Suarez: Pass the baton. Commissioner Carollo: There you go. Here we have the vacant lot and here is the building, which you see it has had its graffiti andl know it's been painted over, but this is how it's been for I don't know how many years. And if you see right here, even the shutters have been broken for quite a few years. Behind there you have the National Tile company, which, again, I don't know if you would actually, as a tour guide, bring someone there or bring a tourist from -- I don't know -- some part -- some other part of the world to see this. I think, realistically, this will be an upgrade to that area. Now, at the same time, would we want maybe some other type of business to go there? Possibly. But let's say if we don't do this -- and again, they're allowed to do this. The only thing they're asking for is a variance in the back for them to be able to do the driveway -- I'm sorry, the drive -through. Commissioner Gort: Mr. Chairman. Chair Suarez: Let him finish and then -- Commissioner Gort: Oh, I'm sorry. Commissioner Carollo: Yeah. The only thing they're asking for is to be able to do the drive -through in the back, and I'm seeing, you know, it's reasonable. So at least for -- you know, on first reading, I would like to vote in favor of it and then maybe we could discuss and have some type of consensus for second reading but, you know, this isn't -- this won't be final. Chair Suarez: Okay, Commissioner Gort. Commissioner Gort: The -- Ms. Marrero-Priegues, maybe -- if you look at the whole block City of Miami Page 141 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 between 17th Avenue and 12th Avenue, it was created the Latin Quarter. It was to bring tourism into Little Havana. Finally, it's beginning to take place. Now, if you look -- for the first time, a McDonald [sic] was build accordance with the criterias [sic] and guideline. Maybe you can talk to your clients or you can follow the existing criterias [sic] that are there and have a beautiful bank and looking real nice and people might want to go in there to change, whatever, the funds and all that. But I think if you can look at the criterias [sic] that exist in there, I'm sure your architect can come up with some -- ifMcDonald's was able to do it -- andFP&L (Florida Power & Light), if you go to 17th Avenue and 6th Street, did something very similar, so something like that'll be really nice. Ms. Marrero: I don't think that that is their concern. I don't think it's the look of the building. I think their concern is they don't want that structure to be knocked down and they don't want a national business at that corner, and I'm somewhat, quite frankly, befounded [sic]. We will be happy to make that request and relay that back to the client and see how they can address design issues that are more in harmony with the Latin Quarter and Calle Ocho and whatnot. Yes. Chair Suarez: Let me just chime in with a couple comments, ifI may. Commissioner Carollo: And by the way, I see Ms. Moebius nodding her head, so I -- if possible, can -- Chair Suarez: Sure, of course. Commissioner Carollo: -- she come up again and just address it? I just want to make sure thatl understand her issue since -- Chair Suarez: Absolutely. Commissioner Carollo: -- I don't violate Jennings ruling andl won't get a chance to really speak to her. Could you come up and --? I just want to make sure that I'm understanding your issue. Ms. Moebius: Yeah. I was never trying to say that would actually take people to the building and say, oh, and by the way. It's not about that -- Commissioner Carollo: Right. Ms. Moebius: -- at all. Commissioner Carollo: Got you. Ms. Moebius: What I'm saying is that it's a visual issue. It's when people are walking down Calle Ocho and they're having a sense that they've walked away, that they're now in this totally commercial area. It affects their perception. I actually had tourists say where are we going now, like are -- they have a sense that they've totally left this special area, this formerly Latin Quarter. And so I'm saying that every time you destroy another historic building, you are contributing to this sense that -- you're taking away an aspect of the historic character. And I'm not necessarily saying that the bank can't come in, no, no. I'm saying you can be creative just like Bill Fuller has been doing with his properties. You don't always have to tear down a building. You can work sometimes with the existing building. It's being done across the United States. It's been done here before in Miami and it can be done here in Little Havana. Andl would actually really like to ask if Bill Fuller could make a few comments 'cause he wanted to clarify some things too. Is that -- Commissioner Carollo: Yes. City of Miami Page 142 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Ms. Moebius: -- would that be possible? Commissioner Carollo: Mr. Chairman. Chair Suarez: Of course. Ms. Moebius: Okay, thank you. Chair Suarez: We'll give him latitude. We have latitude here. Commissioner Carollo: Yeah, please. Mr. Fuller: Thank you. I really appreciate it. I just want to say, Commissioner, that have taken buildings that have looked just like that and have turned them into architectural jewels. I didn't do it. They were built like that in the 1930s. The Goodwill that was recreated on loth Avenue and 8th Street sat for 7 years and it looked in a condition -- Commissioner Carollo: I remember. Mr. Fuller: -- that was 10 times worse than that. So it's not that we don't want TD Bank. I love the fact that we're going to provide great services and banks. TD Bank would be a great addition to the neighborhood. The idea is bring TD Bank, build a new structure on the vacant lot, and use the existing 1930 buildings [sic] and make it look like an architectural facade that continues up the street. I don't care if they have a drive -through, but just use the existing building and add an additional building next to it that looks like it's a series of buildings. That building that burned down next to it in 2006 was joined by about 7 other buildings on Calle Ocho that burned down that same year. It took 6 months to burn down 6 buildings that had been erected from the 1920s and '30s. It wasn't by happenstance that that happened. There was a very mysterious fire that was floating around that season. Thank you. Chair Suarez: Okay. Go ahead. No, no, go ahead. Go ahead. Commissioner Carollo: Okay. I understand a little bit clearer what you're saying. Now, in all fairness, I don't think TD Bank would fit in this building so they would have to either add to it, and I don't know if the lot next to it is enough to build just a bank on itself so I don't know . And there's time. You know, this isn't the final vote. I can tell you, the Goodwill building, which, by the way, I was there at the opening -- andl have great respect for Mr. Pastrana -- was a big -box, you know, location where, yes, it was very easy to bring in a retail or another business. This is a small, little sector in a corner, so I don't know if it's possible. What I'm saying is I'm willing to vote in favor of it as -is right now or with the recommendation of our Planning director to have it a T4-O I believe, but between now and second reading, which it'll come back to the Commission for a vote, you know, I would discuss with our Planning director what are the possibility of incorporating some of what you're saying and having him discuss it with Ms. Ines Priegues and see if it's possible or not or see where we're at, okay. Chair Suarez: And ifI may just say one thing. I think what happens and what makes it hard for us up here sometimes is that there is the ideal and then there's reality. Commissioner Carollo: Right. Chair Suarez: And the ideal is it'd be -- of course it would be great to have a private sector company, whatever company it is, come in, restore it and, you know, try to make it integrated into the culture of Calle Ocho, the history of Calle Ocho, and just add to what we all know and love about Calle Ocho. Then there's reality, which is the private sector, as you know better than City of Miami Page 143 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 anyone. The private sector comes in and they say this is -- what's the best use for us, you know. So, you know, there is a lot of banks on 8th Street. There's the brand-new Chase on 27th and 8th Street. There's one on 22ndI believe and 8th Street, or right around 22nd as you turn on 22nd. There may be one or two on -- along -- so I think there's a lot of precedent for that. I think -- the other thing would kind of like maybe just have you guys think about things in a little bit of a different perspective is that if you're a tour guide and your emphasis is on bringing people, you know, to an area, you want the area to be alive, you want the area to be vibrant, you know. And so I think sometimes it's better to have something that is alive, that's vibrant and new and well taken care of rather than something that is kind of old, dilapidated, and nobody wants. You know, so if you confine things too much, then you end up with something that's -- I understand the ideal, of course, is to maintain, you know, the historic character and do that, and maybe it can be done. I don't know if the bank is willing to entertain that idea. I think that would be a great compromise that we can all, you know, kind of vote in favor of and happily -- you know, everyone walks away happy with it. But in any event, is that a motion, Commissioner? Commissioner Carollo: Yeah. I make a motion to approve with the amendment by our Planning director to make it a T4-O, I believe, and I'll let him state it. Chair Suarez: Is there a second? Commissioner Gort: Second for -- Mr. Garcia: Thank you. And for clarification, the recommendation is to preserve the area, which is presently zoned T6-8 0, as it is T6-8 O. And the southernmost lots encompassed by this application, have that lot changed from T4-R to T4-0. And with your indulgence, by way of clarification, we are certainly sympathetic to the issues that have been brought to us today. We are aware that Calle Ocho, or Southwest 8th Street, is an asset to the City ofMiami, and we are aware that there were protections there before that are nonexistent now. This goes to Commissioner Gort's comment. And we're certainly happy to work with them, as we have in the past, to achieve those goals. Chair Suarez: Thank you. Commissioner Carollo: And -- Commissioner Gort: It's all a matter of architects. You know, you can get them to look, the architects. And it doesn't really take that much to do that. Chair Suarez: It might be doable. Commissioner Gort: And by the way, let me tell you, the Goodwill Stores, I'm on the board of the Goodwill. Their projection tripled in that store. That's one of the best -- Chair Suarez: That's incredible. Commissioner Gort: -- selling store that we have. Chair Suarez: The Goodwill is really -- it's something incredible. Commissioner Carollo: Yeah. My -- and my motion -- I want it just for clarification -- encompasses what the Planning director stated. Chair Suarez: Okay. It's been moved and seconded, andl believe it's an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. City ofMiami Page 144 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Chair Suarez: Madam Clerk, before calling the roll, I just want to clam that we did close the public record -- the public hearing is closed on PZ.7. Thank you. Sorry about that. Ms. Thompson: You're correct. Okay, your roll call on your first reading ordinance, as modified. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. Ms. Marrero: Thank you very much. PZ.8 ORDINANCE 12-00087zc First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O" URBAN CENTER ZONE AND "T6-8-O" URBAN CENTER ZONE TO "T6-8-O" URBAN CORE ZONE AND "T6-12-0" URBAN CORE ZONE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 566, 570 AND 650 NORTHWEST 8TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00087zc CC 06-28-12 Fact Sheet.pdf 12-00087zcAnalysis, Color Maps & PZAB Reso.pdf 12-00087zcApplication & Supp. Docs. - New Covenant.pdf 12-00087zc CC Legislation (Version 2) & ExhibitA.pdf LOCATION: Approximately 566, 570 and 650 NW 8th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of Windsor Investment Holdings, LLC, Owner and Miami River Village, LLC, Contract Purchaser FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends denial to City Commission on March 21, 2012 by a vote of 8-1. PURPOSE: This will change the above properties to "T6-8-O" Urban Core Transect Zone and "T6-12-0" Urban Core Transect Zone. Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Suarez: Okay, PZ.8. Francisco Garcia (Director, Planning): Sirs, item PZ.8 is in District 5, and if you would like to defer this item for some period of time until the Commissioner comes back, I'm -- Chair Suarez: We'll table it -- City of Miami Page 145 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Mr. Garcia: -- happy to stand by. Chair Suarez: -- until she returns. [Later..] Commissioner Spence -Jones: Mr. Chairman, I'm not sure -- Chair Suarez: Yes. Commissioner Spence -Jones: -- how many other items -- Chair Suarez: Can we take your items? Yeah, let's take PZ (Planning & Zoning) -- which one is it? PZ -- Commissioner Gort: Eight. Gilberto Pastoriza: Eight. Chair Suarez: -- 8. Mr. Garcia: PZ.8. Commissioner Spence -Jones: That's the only -- Chair Suarez: That's the only one -- that one -- I don't know if you want to do your Charter amend -- the Charter amendment or -- Commissioner Spence -Jones: You doing it? 'Cause I have a -- I'm -- I have to be in a hearing at 6 o'clock. I'm already -- Commissioner Gort: I was going to be a discussion. Commissioner Spence -Jones: Okay. The only thing that I really -- I don't -- do you need to put something on the record? I know I asked you to come back -- Mr. Pastoriza: Yes, ma'am. Commissioner Spence -Jones: -- after you met with the community. You've already did your presentation, Gil. Mr. Pastoriza: Yeah. Commissioner Spence -Jones: I'm going to go ahead and pass it on the first reading, but I am going to make a recommendation that before it comes back for the second reading, the community meeting that you had, we need to make sure we're focused in the -- with the people that are surrounding the project. Mr. Pastoriza: Okay. Commissioner Spence -Jones: The people that actually were signed -- on your sign -in sheet was on 18 Street -- Mr. Pastoriza: Okay. City of Miami Page 146 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Commissioner Spence -Jones: -- which is 10 blocks away. Mr. Pastoriza: Okay. Commissioner Spence -Jones: So if you need our office to work along with you -- I don't know -- Madam City Attorney, is that a -- that's not a conflict for me to have a community meeting on the -- on a zoning item project, right? Maria J. Chiaro (Deputy City Attorney): No. I'll look at the structure of the meeting, but if there aren't any other Commissioners involved -- Commissioner Spence -Jones: Okay. So I don't have a problem with my office working personally with you -- Mr. Pastoriza: Perfect. Commissioner Spence -Jones: -- to make sure we knock on those doors 'cause this project is right across the street -- Mr. Pastoriza: Perfect. Commissioner Spence -Jones: --from where people live so. Mr. Pastoriza: We're in agreement with you. Commissioner Spence -Jones: All right, so I'll go ahead and pass it on the first reading with the understanding that this other meeting will take place in between. Mr. Pastoriza: I'll contact your staff -- Commissioner Spence -Jones: Neil. Mr. Pastoriza: -- Tuesday. Commissioner Spence -Jones: Neil is fine. Not a problem. Mr. Pastoriza: Okay. Commissioner Gort: And who you are -- who are you? Mr. Pastoriza: I'm Gil Pastoriza, 2525 Ponce. Thank you. Commissioner Gort: Thank you. Commissioner Spence -Jones: So we have a motion on the item. Commissioner Gort: Second. Commissioner Spence -Jones: All in favor -- I'm sorry. Commissioner Gort: No, we got to -- Priscilla A. Thompson (City Clerk): No, no. City of Miami Page 147 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Commissioner Gort: -- call the -- Vice Chair Sarnoft I didn't see him leave, I'm sorry. Commissioner Spence -Jones: I'm sorry. Ms. Thompson: Excuse me. I'm sorry, Chair. Vice Chair Sarnoft Yes, sir -- ma'am. I apologize. Ms. Thompson: No. As I go through the agenda, this is a first reading ordinance. Vice Chair Sarnoff Right. Ms. Thompson: The Commissioner has -- Vice Chair Sarnoff We have a motion and we have -- Ms. Thompson: I'm sorry, Michelle Spence [sic] is moved, Commissioner Gort is second. Now you have to open up your public hearing. Vice Chair Sarnoff Right. Is anyone from the public wishing to be heard on the item that we're discussing? You're recognized for the record, Mr. Dunshee. Please place your name -- full name and address on the record. Adam Dunshee: Adam Dunshee, 500 Northeast 50th Terrace. I'm a -- as I mentioned out earlier, I'm the president ofMiami Neighborhoods United, but I'm speaking on behalf of one of our member organizations, Spring Garden. As Commissioner Spence -Jones indicated during the last time this item was supposed to be heard, the applicant was advised to reach out to the affected communities and that did not happen, and that's one of the foregrounds that the Spring Garden Civic Association itemized as to why they wish to see the -- this application be affirmed in its recommendation for a denial. The other three are as follows. The proposed building is out of scale with the surroundings; second, the Civic Association would like to see the letter of Miami 21 respected and its integrity upheld; and thirdly, the developer knew the present zoning prior to purchase so it's -- if zoning was such an issue, they should have walked to another property. That's all. Commissioner Spence -Jones: Okay. So Adam? Mr. Dunshee: Yes. Commissioner Spence -Jones: Okay. So this meeting that I want to have in between, definitely if MNU (Miami Neighborhoods United) could work along with us to organize -- you can reach out to Neil so we can make sure that Spring Gardens [sic] and -- we'll just have one major meeting so everybody comes in and voices their opinion. Mr. Dunshee: That would -- I would be happy to arrange that, yes. Commissioner Spence -Jones: Okay. All right. All right, thank you. We had -- I'm sorry. We had any --? I guess it's still open. Chair Suarez: Where are we at? Okay. Talmadge Frazier: Good afternoon, Commissioners. Talmadge Frazier, 201 Northwest 7th Street. I'm also a business in the community, but I respect the Commissioner's wishes that he City ofMiami Page 148 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 meet with other people more closely to this area, but the meeting we had with him was really good andl was impressed by it. But I yield what the Commissioner wishes. Commissioner Spence -Jones: No problem. Mr. Frazier: Thank you. Chair Suarez: Anyone else from the public wishing to speak on PZ.8? Mr. Solar (phonetic), would you like to speak on PZ.8; I saw you make a motion there? Mr. Garcia, no? No. Mr. Hatten, no? No. Nothing on PZ.8, huh? Okay, we're going to close -- Ms. (UNINTELLIGIBLE), no? No. We're going to close the public hearing on PZ.8, coming back to the Commission. It's been moved and seconded. Yes, Mr. Garcia. Mr. Garcia: Yes. IfI may, just to clam and ensure that we understand clearly what the motion is. If the motion seeks to move forward staff recommendation, I would just like to state for the record that that would be that of the two sites contained with the application, the full block and then the other parcel on the block across 6th Avenue, the present request is not what's being recommended. What is being recommended is that the parcel that is presently zoned T6-8 0 be rezoned to T6-12 0, and that the parcel that is zoned T5-0 remain T5-0; and in addition to that, that a covenant proffered by the applicant and on record in your backup material also be included as a condition to this approval. Mr. Pastoriza: That is correct. Commissioner Spence -Jones: Right, and l just want to be clear -- and Madam City Attorney, if you need to chime in, please do. The only reason why I'm moving ahead with the first reading is because I did ask for Gil to reach out to the community and he reached out to a portion of the community, not the community that's going to be directly affected, but he did make the necessary, you know, advancements. So that's the only reason why -- I'm trying to be respectful on both sides because you did reach out. It just wasn't with the communities surrounding -- directly affecting it so that's the only reason why I'm passing it now. I want to make sure, though, if this comes back -- or when this comes back and we have had this meeting in the community, if there is a feeling of not supporting this particular project or that it needs to be a certain height or whatever, Mr. Gil can still proffer those changes on the record for the second reading. Mr. Garcia: Certainly. And equally, you, as the Commission, have the ability to impose -- Commissioner Spence -Jones: Okay. Mr. Garcia: -- additional conditions as you see fit. Commissioner Spence -Jones: So whatever we vote on as a passing of today is only with the understanding when it comes back to second reading, this has been vetted out in the community and it's a yes. Mr. Pastoriza: Okay, yes, ma'am. Commissioner Spence -Jones: Okay. So I'm just trying to make sure both sides are served, okay. Is that it? The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Chair, before I start with the roll call -- Chair Suarez: Yes. City of Miami Page 149 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Ms. Thompson: -- I just want to make sure -- I need to find out if Commissioner -- Chair Suarez: He's right there. Commissioner Carollo, are you going to vote on this one? Go ahead and call the roll. If he votes -- Commissioner Spence -Jones: Voting? Chair Suarez: -- he votes. Commissioner Carollo: Yeah, I'm voting. Chair Suarez: Yeah. Ms. Thompson: Okay. All right, roll call on your first reading ordinance. Commissioner Carollo? Commissioner Carollo: I can multitask. Yes. Ms. Thompson: Vice Chair Sarnoff? Vice Chair Sarnoff. Yes. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Chair Suarez? Mr. Pastoriza: Thank you. Chair Suarez: Yes. Commissioner Spence -Jones: With the recommendation. Ms. Thompson: The ordinance has been passed on first reading, 5-0. Chair Suarez: Thank you. PZ.9 RESOLUTION 12-00252za A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY GILBERTO PASTORIZA, AFFIRMING OR REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY UPHOLDING OR REVERSING THE ZONING ADMINISTRATOR INTERPRETATION 12-0001 DATED FEBRUARY 16, 2012, REGARDING ACCESSORY PARKING. City of Miami Page 150 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 12-00252za CC 06-28-12 Fact Sheet.pdf 12-00252za PZAB & ZoningAdm. Appeal Docs.pdf 12-00252za CC Executed Legis. (Vers. 3 & 4) & Interpretation.pdf LOCATION: Citywide APPELLANT(S)/REQUESTOR(S): Gilberto Pastoriza, Esquire, on behalf of Barlington Group, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial of the appeal and uphold the Zoning Administrator's Interpretation. PLANNING, ZONING AND APPEALS BOARD: Denied the Zoning Administrator Interpretation appeal on April 4, 2012 by a vote of 5-3. PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation regarding accessory parking. Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 VICE-CHAIRMAN MARC DAVID SARNOFF D2.1 DISCUSSION ITEM 12-00504 STATUS OF HIRING POLICE OFFICERS. 12-00504 Email - Status of Hiring Police Officers.pdf DISCUSSED Chair Suarez: Commissioner Gort. I'm sorry. Are we going to do finally the --? City of Miami Page 151 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Vice Chair Sarnoff All right, so I'll be brief. As you all have read in the newspaper our problem with hiring, and promised, from the Manager's standpoint, I'd keep this at about 20,000 square feet. We are presently 84 officers down. We will be another 14 officers down as a result of 12 firings and 2 retirements. That's where we will find ourselves reasonably shortly. However, there is some good news to report: Offer letters will be going out to all 21 non -- certified police officers of a list that has been created and 5 of a list of 20, so we should have 26 officers -- and I'm going to use -- I'm going to borrow Commissioner Carollo's expression, which would be out on the street with their field training officers in probably four weeks and they will be actually out on their own in approximately four months. That still leaves us significantly depleted. There is going to be a plan in place to hire more people. What this has come down to is possibly a very active HR (Human Resources) Department that reads the DOJ (Department ofJustice) order one way; the City Attorney's office I think that reads it another way; and a Police Chief that is feeling like he is a Ping-Pong ball with the inability to move very quickly. What's -- no matter what we do, we will be down police officers for the next six to eight months and down a significant number. Now there's discussion about how to fix this, one of which you might have heard through a white paper. We're going to do away with our test. Our test is a civil service test and our test predates a test administered by the State. I think they call it the BAT (Basic Abilities Test) exam or the FBAT (Florida Basic Abilities Test). I think well -intended people thought that our test helped minority hiring; yet, logic dictates and the facts now bear out taking our test actually restricts minority hiring, and we actually know the exact number: 300 percent. So minority hiring goes down by 300 percent as a result of taking our test. And if you just think of the concept, you pass a test from the State, which is mandatory. We can't modin, it. We can't change it. It simply is Tallahassee telling us this is what the minimum qualifications are to be a police officer. All we can do is close that window. We can't broaden that window. We can't change that window. So anything that we do is like a colander; we further restrict it. In doing so, we have hurt ourselves in our minority qualified applicants. So anybody that says the City of Miami's test will continue and allow us to have more minority hiring defies logic. It can't happen that way. So I think the Manager is exploring, as is Diana Vizcaino, who is extremely capable in understanding as she interacts with DOJ, the Chief and also Armando Aguilar, Jr. I got to tell you, I'm impressed with the Chief. I'm impressed with Armando Aguilar, Jr. They're right on top of this. Vizcaino is right on top of this. Mary Leckbland [sic] is right on top of this. But in place, Mr. Manager, you still have a system that you have got to coordinate and you've got to be proactive in the coordination of it because in place is still a broken system. Andl don't know about anybody else -- I am the Commissioner that actually voted for out -of -budget budgets before andl candidly admitl did because in my time here, I've put 100 police officers on the street, so now I am 100 police officers down so I feel like I'm back to where I started from; not a comfortable place for me. I don't know if it's a comfortable place for the other Commissioners. There's going to be an FBI (Federal Bureau of Investigations) report that's not going to be overly complimentary to us in terms of our crime rate coming out. I know it can be explained, but to the average citizen, it's not going to be complimentary. I think this now needs your hand on the tiller, and on that hand on the tiller, you're going to have to make some very hard decisions. I suggest you take as much instruction as you can from Mary Leckbland [sic]. I suggest you listen carefully to Armando Aguilar, Jr. and the Chief and I suggest you use the guidance of Diana Vizcaino, but you have to act, because if we're in the same place in September, you won't like the resolution that I'll put before this Commission. Thank you. Chair Suarez: That sounds ominous. Vice Chair Sarnoff It is ominous. Oh, it's not about -- I will make a resolution that will be -- that'll make the Miami Herald. We simply have to get out of where we are. Chair Suarez: No, I'm not trying to minimize it. I'm just saying it sounds ominous. Vice Chair Sarnoff No, it's -- it is ominous. It's meant to be. City of Miami Page 152 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Chair Suarez: Commissioner Gort. Commissioner Gort: The thing don't understand, we have -- and they can give me the numbers. I don't have the numbers. But my understanding, the police have classes they can place where you have those young people coming in. They pay $10, 000 to go through the college and to the school, and then they get certified by the State. They have to go through all those steps to get certified My understanding, we've had at least a hundred in the last year and a half to go through that school and they've been certified. The same thing, I think, with the firefighters. We believe we've had close to a hundred firefighters. They have gone through college. They have paid their way through college. They've gotten their degree. They've gotten a certificate. They go in through the State and they're certified by the State. Somehow, it's on hold. But not only the firefighter and the policemen, but the rest of the unions, if you look at the people that are going to be going out on the 13th and 14th, it's quite a few -- I think it's close to 300 people that going to be leaving (UNINTELLIGIBLE), and I'm not sure of the exact number, but we've got to do something because we're going to be in the hole if we don't do and change some of the way that we method. And then later on I'm going to talk about the amendment that I have here. Chair Suarez: Thank you. I -- you know, I just want to say a couple things. One, if the residents of the City ofMiami knew what it took to hire a police officer, I'm not sure that they would be too satisfied with how long that process takes, particularly when you consider the fact that we have a police academy and so we train people and go through that whole process. So the fact that we graduate -- what was the last graduating class, Chief like thirty -something people? But we can't hire them when we have -- we're down 80 officers, it just makes absolutely no sense that we have to go through this process of investigating people from a four -year -old lists to get to -- and pass up people who are -- who we just trained and made officers in our own school. It just doesn't really make a whole heck of a lot of sense. Manuel Orosa: To answer -- Chief Manny Orosa, Chief of Police -- your question, the last one I believe we graduated 31. Chair Suarez: And how many of those did we hire? Chief Orosa: None. Commissioner Gort: None. You got about a hundred of them that have taken the test -- Chair Suarez: Yeah. Commissioner Gort: -- and they -- Chair Suarez: And that's -- Commissioner Gort: -- they're certified Chair Suarez: -- the point. You know, I think it's -- Chief Orosa: We -- Commissioner Carollo: Yeah, but -- Chief Orosa: -- started putting our own academies in 2009 and for everybody else to pay their way, and we haven't hired anybody from any of those classes. Chair Suarez: Yeah. It's frustrating. It's got to be frustrating for you. City ofMiami Page 153 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Chief Orosa: But the good news is that received a phone call and we just cleared 31 from the certified list. Chair Suarez: Good. Chief Orosa: I was told 26, but then it was a total of 31 and 2 dispatchers, and our assistant chief of administration just signed off on 31 of those letters for employment so now it'll be offered -- employment offers to those candidates. Chair Suarez: And by the way, I'm very mindful of the fact that the last time we deviated from hiring practices in the police department, there was a dubious time in our department, so I don't think that that's what anybody here is advocating for. I think what we're advocating for is things like we just graduated 31 people and we can't hire them, things like that that don't seem to make intuitive sense. And know you don't want to have all fresh faced officers, obviously. You probably want to have some certifieds, like you were saying, but sometimes the process just seems like -- instead of meaning to ensure fairness, it just -- it makes things impossible and cumbersome. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: I have a few things to say. First of all, I'm glad to hear with regards to the dispatchers because, you know, every time that you mention the police, I also want to remind everybody about, you know, the dispatchers that, you know, we so desperately need, and you know, I don't want to burn them out. Remember, they're the first line of defense. They're the ones who actually take the call, and at the same time, police officers, firefighters are actually going to the scene, they're -- many times they're really obtaining all the information they can from the dispatcher so we don't want them to be tired or be burned out. I want to also add that although they've gone through, you know, the police academy, so to speak, there is still additional tests, and I'll tell you, I, for one, went through it with the County when I was a young 20 year old, but you know, you have to do the psychological exam, you have to do a background investigation. I remind my colleagues at the same time -- Chief Orosa: That's all done. Chair Suarez: Yeah. I was going to say that's done in the police academy, right? Chief Orosa: Yeah. Commissioner Carollo: The background investigation? Chief Orosa: There's -- yeah -- two minor steps they have to take -- Chair Suarez: Of course. Chief Orosa: -- which the majority of the people never fail, but everything else where we disqualified individuals that -- those 31 candidates already passed. Chair Suarez: They don't get taken into the academy to begin with. Commissioner Carollo: Okay, when I went through the police academy -- well, I guess before going to the police academy -- and it's different. There's different ways. You could put yourself through. I'm not sure the way we're -- the City's doing it, and guess it's something that, you know, we need to sit down and discuss. But I guess I did pass the psychological and all those City of Miami Page 154 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 exams beforehand. But do want to just mention that, you know -- andl agree with what Commissioner Suarez says, where we're not here advocating to lower standards or anything like that. Andl'll remind my colleagues that recently we had to settle a lawsuit because unfortunately a background investigation came clearly that we shouldn't have hired that person and we actually did, so I want to point that out. The last thing want to mention is I actually want to thank my colleague, Commissioner Sarnoff, and at the same time, this Commission, which I continue to say I'm extremely proud of. I understand the article came out and all of a sudden, you know, everybody thought, oh, this is for the first time you're hearing it, but -- Chair Suarez: I got (UNINTET,T IGIBT ,F) Commissioner Carollo: -- I reminded everyone and even the police union, realistically, it was this Commission, Commissioner Sarnoff, myself backing the dispatchers -- but realistically, it was this Commission that, first of all, in the budget made sure that those positions were funded, and second of all, has continuously for the past two or three months and probably even more been following up and just asking what we can do, asking the Administration where are we with these positions. You know, sometimes it's good to have fresh faces so I guess a fresh face did pick up on this and did report on it, so sometimes change is good, afresh pair of eyes. But at the same time, I want to point out to everybody this is nothing new, and the Commission has done their job. We are actually, you know, following up and asking the Administration, hey, where are we with these police hirings. So again, I commend you, Commissioner Sarnoff. Vice Chair Sarnoff. Thank you. Commissioner Carollo: Andl'll say it once again, I'm really proud of this Commission because, you know, it -- we really work as a team here. Thank you. Chair Suarez: I don't think there's an item that we've had that has -- as a discussion item has recurred as much as this particular item since I've been here. Commissioner Carollo: Absolutely. I'll go a step further. I know I, andl will say the Commission, asked Commissioner Sarnoff to put it in every single Commission meeting because we wanted to make sure we followed up. So I remember that and, for some reason, I remember you being on the left side 'cause I could visually see when I asked you, listen, can you please bring this up again and let's deal with this every Commission meeting until we solve the issue. Vice Chair Sarnoff. I still suggest that every other Commission meeting, once a month, that we find out where we find ourselves in police hiring. Chair Suarez: I think that's a good idea. Vice Chair Sarnoff. Because even if you got the 31 officers -- just do the subtraction. He's really good at it -- 31 minus 98, we're still at 60 -- Chair Suarez: Sixty-seven. Vice Chair Sarnoff. -- 67 down, not -- and you've told me not a comfortable place, 67 down. Now, to backfill a little bit, he's also proud to tell you he's about to put his first recruits through our academy or I should say our college of policing and candidly, though, isn't that about a year away before they would come out? Chief Orosa: Yeah. Actually, to clarify it a little bit. I just signed off on a purchase order for the advertisement of the recruitment on radio per what we need to do by DOJ. After that comes out -- from now, it'll be about three months before we can basically start the process of screening the applicants and then going through the background and psychological and all that, and that'll City of Miami Page 155 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 D4.1 12-00526 take probably another few months, and then put them through the academy and that'll be six months after they graduate. Vice Chair Sarnoff And that was how many officers, only 20, right? Chief Orosa: We expect -- Vice Chair Sarnoff Of the noncertifieds -- Chief Orosa: Thirty. Vice Chair Sarnoff Thirty. All right, so 30. So bear this in mind, Commissioners, we were complaining when we were 54 officers down. At best -case scenario we're going to be 68 officers down with the hopeful advent of 30 more officers coming in in a year's time. So as much as you think you've gained ground, you haven't gained that much ground. And I know I sound like the canary in the cave; it's still not where you want to be and you've got to get down to that magic number 50, and you and have talked about this magic number 50. Fifty is a comfortable place that you can make up for with varying degrees of reassignments and some overtime. Sixty-eight is not a comfortable place to be. And you need -- you know, I've said this and know the papers printed it; don't fall on your sword when you don't have to. Come to this Commission and say I need so many more noncerted -- I'm sorry, certifieds. Fill those positions. All we can do is give you the money to fill those positions. We can't force you to fill them. Chief Orosa: Yes, sir. Commissioner Gort: He's got the money. Vice Chair Sarnoff Right, he's got the money, because the first thing everybody asks me is why did you guys cut the budget so they don't have the money. They do have the money. Everybody on TV (Television): They do have the money to fill these positions. Chair Suarez: Okay. Vice Chair Sarnoff All right, thank you. Chair Suarez: Okay, I think we're going to -- END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 CHAIRMAN FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING SQUATTERS TRESPASSING ON RESIDENTIAL PROPERTIES IN THE CITY OF MIAMI. City of Miami Page 156 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 12-00526 Email - Squatters Trespassing.pdf DISCUSSED Direction by Chair Suarez to the Administration to work with the Law department in developing solutions to resolve the problem of squatters trespassing on residential properties and provide a report to the City Commission within 60 days. Chair Suarez: I don't -- the Vice Chair's not here, so to take up the 13 minutes that we have before noon, let me just start with my discussion item, which shouldn't take too long, and then we'll break for lunch. D4.1, it's a discussion item that have on squatters. I don't know how my other colleagues feel about that issue in terms of whether they think it's a problem in their districts. Commissioner Gort: It's a major problem. Chair Suarez: Yeah. For me, it's a major problem. I think it's a citywide problem, but you know, I would love to hear their perspective on it. What I would like to do is direct the Administration to try to see if there is either a legislative -- you know, what kind of solutions can we bring to bear on this issue. I'd like to bring it back in a month or two -- let's say two months just to not -- 'cause I don't think it's a time -- you know, it's important and it's kind of an emergency, but it's not, you know, dire in the sense that -- andl know we have a lot of other priorities. So I think we should bring it back in 60 days, Madam Clerk, and work with our office and all the other Commissioners because it's a huge problem. I mean -- and just to summarize it, what's happening is a couple of things. One is people are monitoring when banks take title to property. And when that happens, they're doing several things. Either one, they're just breaking in and living in the house, changing the locks. Or two, even worse, they're breaking in, changing the locks, and then renting it out to someone who's an unsuspecting, you know, tenant, who thinks that that's the owner. 'Cause you never -- as you're a tenant, you don't ask for ID (Identification). You don't look at the title when you rent a property. You just -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- rent the property, I mean, and you assume that the person who's renting it to you is the actual owner of the house. So what happens is we've had situations -- we actually had a firefighter who went on a one -month training in Tampa, and when he came back home, somebody was living in his house and he literally got into a physical altercation with the person because, imagine you come home at night and you knock on -- you know, and you go to open your own door and your key doesn't work and then you knock on the door and somebody opens the door and it's not anyone that you know and they claim to live there. So, you know, it's a very, very serious issue. You know, it's one that, you know -- we're the frontline of defense on everything. Any time that there's an issue that happens, we're the ones that gets a call -- get the call. Even if it's not within our government's purview to fix the problem, we're always striving to look outside of the box to find ways for us to collaborate with other governments and solve these things. So if there's a state legislative solution, if it dovetails with Operation Clean Sweep, you know, in terms of our discussions with the banks as to bank -owned properties 'cause banks don't behave like human beings. You know, human beings, if it's your rental property and somebody's living there that's not supposed to be there, you're going to take action immediately. But a bank who's in North Carolina or in New York -- Commissioner Gort: They don't care. Chair Suarez: -- you know, may not do anything or may not even know that the person's living there. So you know, I -- you know, I'm asking the Administration to please put their heads together with the Law Department and whatever departments are necessary, Assistant City City of Miami Page 157 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 D4.2 12-00381 Manager Cabrera and his thought process and his evolution on Operation Clean Sweep that it can be incorporated. Yes, Commissioner Gort. Commissioner Gort: That's one of the major problems thatl have within the district. Andl think we all have that same problem. My understanding is in talking to the police and to the people from the NET (Neighborhood Enhancement Team) and Code Enforcement, they'll go to those houses and the people come up with the document saying that they leased from someone. Now my understanding is, then it becomes a civil matter, not a criminal matter. Now my understanding is in the past, andl was not here during the police actions were taken where the people ask him, who do you give -- who do you sign this from, and if they're not the owner and they're not the right people, then it could become a criminal -- my understanding, it could be a criminal act. So this is the thing we need to know so either we can enforce it, our Code Enforcement, or our police officers can enforce it. Chair Suarez: Yeah. And let me just add before 'cause it may be relevant to the answer to the question, which is people are exploiting the landlord -tenant state statute. And what happens is when someone purports to have a lease, the police is limited in their ability to, you know, look at it as a trespassing, for example, because it's illegal to trespass into somebody's property. That's, you know, a criminal situation that a police officer can intervene in and can take the person out. When they're living there and they purport to have a lease from the supposed owner, it becomes a civil issue, and so they're exploiting the state landlord -tenant statute in their favor, and that's why I think it may potentially need some state legislation. Maria J. Chiaro (Deputy City Attorney): A few years ago, we had a proposal -- not last year's session, but the session before. The City had proposed some language to deal specifically with that which you have just stated, Mr. Chair. We will, with the Administration, revisit that legislative language, but I think there needs to be probably a many pronged approach to the issue. It's good that we've brought it up now. It can be part of our legislative agenda, as well as an action plan that we move forward with. And both the City Attorney and several people from our office will be meeting with other city attorneys during the summer and -- so this is an issue that we'll put on our agenda to address. And then -- Chair Suarez: Thank you. Ms. Chiaro: -- the Administration with the police department is also involved in it. Chair Suarez: Thank you. Yeah, and I think the timing of it is good. And you know, it's a very serious problem. And it does not have an easy solution, and that's, you know, what's been so frustrating for me. I've met with FP&L (Florida Power & Light) to try to see if we can get FP&L involved. As you correctly stated, Madam Attorney, you know, we have to try to get everybody involved because it's a multipronged, multifaceted issue. Andl thank you andl thank the Administration for working on this and llook forward to seeing an action plan in 60 days. Andl -- we'll help, obviously. We'll be a part of it. There's seven minutes left and there's not much left on the agenda, so we're going to break for lunch. We will reconvene at 2 p.m. on the nose. 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 DISCUSSED Chair Suarez: D2.1, do you want to do your discussion item on police hiring, Commissioner? City of Miami Page 158 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Actually -- Commissioner Carollo: Or the time certain. Commissioner Gort: PZ (Planning & Zoning). Chair Suarez: -- do you mind if we do the time certain, the 5 p.m. time certain? Commissioner Carollo: Yes. Chair Suarez: Okay, yeah. We -- and I'm sorry 'cause that item went, you know, a little long so Commissioner Carollo: D5 (District 5) is here. Chair Suarez: The creation of Virginia Key Planning Oversight Board. It's my discussion item. Commissioner Gort: The Commissioner is here. Commissioner Carollo: D5. Commissioner Carollo: Okay, but it's a time certain, so let me just do the time certain and then we'll go to the next PZ item. Okay, this is my discussion item. Bascially, the last time this came up, I promised the gentleman who had asked us to put it on the agenda thatl would put it on the agenda, so I'm a man of my word and that's why it's on the agenda. My perspective is pretty simple, andl understand, you know, the Commissioner, who think has expressed publicly a couple times before -- the Commissioner of the district -- you know, about there being, you know, too many boards and a vari -- you know, a plethora of boards. I think in this case it's a simple -- in my opinion, my humble opinion, it's kind of a simple situation because we did all unanimously vote on the master plan, which does call for the creation of this oversight board. So from my perspective, it's kind of a no-brainer, but nothing sometimes around here is a no-brainer, so I'll leave it at that and I'll see if the Commissioner from the district would like to opine. If not, we can take some action and move on. Vice Chair Sarnoff. Well, as I spoke to the editorial board yesterday, we have a board that was assembled for the MSEA (Miami Sports & Exhibition Authority), which I want to thank Commissioner Gort for, I think, placing me on when I don't think spoke up quick enough. And think that board consists of three members of the Marine Stadium: Francisco Garcia; I have Stuart Blomberg, Parker Thompson, two respected community members; one educational member from NOAA (National Oceanic and Atmospheric Association), UM (University of Miami) Rosenthal [sic]; MAST (Maritime And Science Technology), I think it turned out to be Camila Alvarez; one commercial member from the marine industry, restaurant, or seaquarium, Richard Bunnell; one non-profit advocacy member from either UEL (Urban Environment League), Tropical Audubon Friends, Virginia Key, MNU (Miami Neighborhoods United), Urban Paradise, or Sierra Club, and we don't have a person on that. I'd be more than glad to nominate Greg Bush for that. One member selection in consultation with the public, Richard Holland; one member of the Dade Heritage Trust, Bertrand Chico Goldstein -- ifI had that name, I could win any election -- two MSEA board members -- I have to thank Commissioner Gort for this -- Commissioner Sarnoff and Luther Campbell. So that board's assembled. Now that board, by the way, we were going to meet, Commissioner, on Monday, and everybody said, oh, you don't have a problem missing the Southeast Overtown/Park West CRA (Community Redevelopment Agency) meeting, andl was like unless I'm not in town, I go to all Commission -- Commissioner Spence -Jones: Monday -- is Monday a holiday? City of Miami Page 159 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Commissioner Gort: Yes. Chair Suarez: Yeah. Vice Chair Sarnoff. -- duties. I don't know if it's this Monday or next -- the following Monday, but they -- apparently it was set up andl said, look -- and you're right, it is a holiday, so if it was said, so be it. But I'll make my point short. I just don't want to have a board and then have another board in conflict with that board and that board gets bored with that board and inevitably, it's our decision to make. The Virginia Key has been the subject of probably the second -biggest public discussion of City ofMiami, other than the Sasaki Plan. What I'm suggesting is -- this is a pretty good board, pretty diverse board. Chair Suarez: So let's just use that. Vice Chair Sarnoff. Why don't we just let this board be that board? Chair Suarez: Fine. I think -- Vice Chair Sarnoff. I don't see any -- Chair Suarez: -- that makes sense. Vice Chair Sarnoff. -- conflict. Chair Suarez: And that actually would allow us to comply with our requirement under the master plan, that we create the board. So, you know, I understand that -- I mean, I think what you're saying is it'll be two boards with the same people because each one will have a slightly different emphasis. In other words, one will be -- will have a predominant emphasis on the Miami Marine Stadium and the other one have a predominant emphasis on Virginia Key in its totality. But because it's so diverse in terms of the people that were chosen, why recreate the wheel? Why don't we just use the same people who obviously have a vested interest and care about Virginia Key and just create another board with those exact same people? Vice Chair Sarnoff. I just -- and here's the danger. What if these folks make a recommend -- and by the way, it's our decision, to begin with, and -- begin and end with, it is our decision. But what if this board makes a decision with regards to Marine Stadium and the other board comes back and says, can you believe those harebrained idiots -- excuse me; no disrespect -- but they thought something totally wrong, and now you have two competing boards, okay, with a arbiter of what's right. Chair Suarez: Right. We are. Vice Chair Sarnoff. But why have that? Chair Suarez: No, I heard you. Vice Chair Sarnoff. Why not have the same board? Chair Suarez: No, but there may be instances where some things are inconsistent. Like something that's very good for the Marine Stadium, it may be inconsistent with what someone whose vision is for, you know, Virginia Key as a whole. For example, it may be great to put -- to use the 60-story tower -- analogy again -- right there to offshoot income for the Marine Stadium, but that may not be consistent with Virginia Key as a whole. So, look, I think we have a duty simply to create a board, that is, the Virginia Key Advisory Board, simply because we approved the master plan and that is a component of the master plan. Whether we just make it -- the City ofMiami Page 160 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 composition the same members, I think that makes a lot of sense for a variety of reasons. All those people are major stakeholders in Virginia Key. If there's anyone that we're missing, you know, we can open it up for that. Who are we missing? Councilmember Mayra Pena Lindsay: Key Biscayne. Chair Suarez: Key Biscayne. That's a good point. We are missing Key Biscayne. I don't know if -- I leave it to the Vice Chair as far as whether he wants to go there or not, but we are missing Key Biscayne. I will admit that. Vice Chair Sarnoff I'll tell you what; I'll put the mayor of Key Biscayne on that board. Chair Suarez: Okay. Councilmember Lindsay: Great. Chair Suarez: Perfect. Vice Chair Sarnoff I mean, I -- Kaplan's a great guy. Chair Suarez: There we go. Are you satisfied -- Vice Chair Sarnoff I have no problem. Chair Suarez: -- Key Biscayne? Councilmember Lindsay: I am. Chair Suarez: Okay, great. So we have -- Mr. Bush, you want to come in and say a couple words and just agree with everything that we're doing because we're effectuating your intent? Vice Chair Sarnoff Out of the jaws of victory never grab defeat. Chair Suarez: Yes. Greg Bush: Ah, okay. My only concern, I guess, is -- Priscilla A. Thompson (City Clerk): I'm sorry. First of all, may I have --? I need you to pull up the microphone. And can we have your name for the record. Chair Suarez: Name and address. Mr. Bush: My name is Greg Bush. My address is 6261 Coral Lake Drive. I'm with the Urban Environment League. I'm sorry about this blotchy face, but I've had some blue light treatment. Anyway, my understanding is that the Marine Stadium Steering Committee is -- has a limited time span, for one thing; six months of coming up with a business plan or something to that effect. Chair Suarez: Right. Mr. Bush: So that's one concern that have. Chair Suarez: But, Mr. Bush, what we're saying is to create a separate board -- Mr. Bush: Right. City of Miami Page 161 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Chair Suarez: -- with the same people because we've already gone through the process of selecting those people, creating diversity on the board; people who have an interest in the future of Virginia Key. So it won't have the same limitations or the same restrictions as the Miami Marine Stadium board. It'll just be the same people. Just like we serve on this board and we serve on the CRA; we're the same people but we have two different roles. Mr. Bush: I think) see what you're saying, okay. So by and large, I don't have a huge problem with that. Chair Suarez: Perfect. Mr. Bush: I guess I'm just concerned about the continuity and the focus being on the entire island but I think that's what you're all saying. Chair Suarez: I think you can differentiate it, and) think we differentiate when we have a CRA or when we're here as a City Commission -- Mr. Bush: Right, right. Chair Suarez: -- or MSEA and City Commission. Mr. Bush: Okay. And I like the idea of Key Biscayne. I think that makes a lot of sense. Chair Suarez: I think it makes it makes a lot of sense too. Mr. Bush: And a lot of the personnel) think of this board seem to overlap with what we 're talking about anyway, so I don't think it's a huge problem. Chair Suarez: Cool. I think we've settled it. Can we -- do we have to pass a resolution, Madam Attorney, resolving to create this board with those paramaters? Commissioner Spence -Jones: I just want to make sure -- I see Mr. Tinnie in the back. I'm almost sure we have somebody on Virginia Key -- from Virginia Key Beach Trust already on that committee. Chair Suarez: I think so. But go ahead, sir. Commissioner Spence -Jones: So they're already on there, Mr. Tinnie. Chair Suarez: Yeah. Unidentified Speaker: May I speak on this item as well? Chair Suarez: Yeah, yeah. Just give me one second. Gene Tinnie: IfI may, Gene Tinnie, 80 Northwest 51st Street, City ofMiami. And thank you, Commissioner. Yeah, I've been sort of following this whole process. I think the one concern that I think we probably all share is if we're really looking at -- well, the advantage to the board, of course, is we're looking at an island that's mostly public land, so it's a barrier island it's fragile, it's unique. It really has these special needs. Andl think we really want to make sure that we have that holistic view that takes in the whole island. I mean, you sort of addressed that, Mr. Chair, but I'm getting the sense that if the centerpiece of this whole, you know, planning process is Marine Stadium, I don't know if that really serves the whole island. In other words, I guess what I'm saying is we can look at the island like -- there may be like five themes there, right. City ofMiami Page 162 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 You've got certainly an environmental character. You've got an educational research persona with NOAA and Rosenstiel School and Tropic Marine Fisheries. You've got recreation, of course. You've got the attractions, like the Rusty Pelican, the Seaquarium, and you have -- there's something I'm leaving -- historic, of course. The Marine Stadium is historic, the -- obviously Historic Virginia Key Beach Park. Jimbo's is gone but it's still, you know, part of the island's history. I think some of these iconic institutions will become historic in time. Andl would like to just have some assurance that the group that's put together or the mission that it has really does have this island -wide view where all the components are really looked at synergistically and holistically. I mean, nothing against -- I mean, we're, you know -- I'd love to see the Marine Stadium succeed, but I'm just a little concerned that if that sort of is the starting point from which we look at everything else, it may not be as -- Chair Suarez: Comprehensible. Mr. Tinnie: -- equitable, as comprehensive as it should be, andl think we need to consider that. Chair Suarez: Yeah. Andl think that is addressed -- well, it's addressed in the master plan in terms of -- Mr. Tinnie: Right. Chair Suarez: -- the purpose of creating a board like this. Mr. Tinnie: Right. Chair Suarez: Andl think it just means that there are some people that serve in a variety of different capacities. I think what makes it easy is we've already thought through who are the stakeholders that have a major interest in what happens there. Mr. Tinnie: Right. Chair Suarez: And just another one was brought to our attention, which was Key Biscayne, and we've agreed to make that part of the process, so I think -- I understand your concerns and I think they're valid to a certain extent, but I think they're going to be resolved just by virtue of the fact that this board is created to effectuate a purpose and that purpose is defined in the master plan. Mr. Tinnie: Right. Okay, all right. I just wanted for the record to, you know, make sure that we have that. Chair Suarez: Thank you, sir. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, of course. Commissioner Carollo: Since -- andl think they're going to have to serve two separate purposes, even though similar. Chair Suarez: Yeah, agree. I agree. Commissioner Carollo: Has anyone reached out to these board members and they're willing to do this, number one? Chair Suarez: I -- this idea just came up, so I don't know. City of Miami Page 163 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Commissioner Carollo: That -- you know -- Vice Chair Sarnoff The Manager -- Mr. Manager, pay attention. Come up. Commissioner Spence -Jones: While he's coming up, I just want -- Vice Chair Sarnoff I got the e-mail (electronic) from him, so did you reach out to the board members for the Marine Stadium? Commissioner Carollo: Because I -- Vice Chair Sarnoff My understanding is you did 'cause you set a meeting and that meeting apparently was set at the same time as the CRA meeting, so I'm assuming -- and maybe I shouldn't assume -- you reached out to the board members that were placed on that committee. Commissioner Carollo: And they all agreed to it? Vice Chair Sarnoff Alice Bravo, did you do it? Commissioner Carollo: You know, at least out of courtesy. Alice Bravo (Assistant City Manager/Chief of Infrastructure): Good afternoon. The first meeting date was set andl think the CRA meeting was -- Vice Chair Sarnoff No, no, no. Ms. Bravo: -- scheduled subsequent to that. Vice Chair Sarnoff I got you. Ms. Bravo: Okay. Vice Chair Sarnoff But his question is did you reach out to those people; are they willing to serve? Ms. Bravo: Yes. Everyone -- Vice Chair Sarnoff Ah, there you go. Ms. Bravo: -- on the committee agreed to serve, forwarded their resume -- Chair Suarez: No. I think on that board or on this board that we're talking about right now? Commissioner Spence -Jones: Can't be right now 'cause we just talked -- Ms. Bravo: On the Marine Stadium board. Chair Suarez: No, he's talking about this additional responsibility. Commissioner Carollo: Right, this additional board. Chair Suarez: Right. Vice Chair Sarnoff No. Well, we don't know that, right. City of Miami Page 164 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Chair Suarez: So we can -- listen, we can hold -- we can listen to whoever is here, who wants to speak on the item. We don't have to take any action today. This is a discussion item. Commissioner Carollo: Right, it's a discussion. Chair Suarez: So you know, we can incorporate all the discussion. That way, everybody doesn't have to come back and make the same, you know, arguments and spend their time, their valuable time here, and then -- and we can hopefully proceed. Go ahead. Commissioner Carollo: Yeah, I had additional items but that's okay. We'll -- Chair Suarez: Okay. Go ahead, ma'am. Laura Reynolds: Hi. Laura Reynolds, the executive director of Tropical Audubon, at 5530 Sunset Drive, Miami, Florida. That was going to be my first question: Did this board that already exists agree to the larger scope and mission? It occurs to me that maybe their focus is the Marine Stadium and not all the other aspects of Virginia Key. I came prepared to speak on the draft resolution that was provided to me by Greg Bush. And you know, it seems to me that, you know, the 15 seats are appropriate. My only comment was that, you know, there -- it may be 2 seats out of 15, as far as environmental groups, is not sufficient enough. So since you may not be considering this resolution, I'll just make my comments general and say that if you do sort of roll this board idea in with what already exists, I think that you should, you know, sort of add additional seats, and you mentioned Key Biscayne. I think that Tropical Audubon would also like to serve. We've been involved in Virginia Key for over 50 years. I know that -- you know, we were established in 1947. I know that long-time member and Representative Dick Townsend served in helping with some of the original plans. He was vice chair of the committee that helped establish manatee protections. We were chief behind the creation of the Bill Sadowski Wildlife Refuge, which is adjacent to the property, and we're out there all the time. Since 1970 we've been conducting bird counts on the island. We know the ecological resources there and would like to participate in this oversight board, if possible. I don't know -- I would like to say in general that I think it goes a long way in establishing this oversight board, even if you roll it together with what you're proposing, because I think it would go a long way with just public trust in general. The EDSA (Edward Durell Stone Architects) Plan, the people just didn't like, and having an oversight board gives a level of comfort that I think needs to be there. There's a lot of stakeholders, andl think this will be great for the community. I think it's high -time that the plan get rolling. You know, there's a lot of great things in the plan, andl think a lot of us work really hard to come to consensus andl'd like to see it come to fruition andl'd love to be part of that, so keep that in mind as you -- Chair Suarez: Okay. Ms. Reynolds: -- plan it out andl'd love to meet to talk about the details. Thank you. Chair Suarez: Thank you. Ms. Lindsay, Commissioner, do you mind just coming up real quick and putting your comments on the record. Our Clerk has instructed me that we didn't get your comments on the record. So, first of all, thank you for being here. You are a councilmember for Key Biscayne and -- Councilmember Lindsay: Yes, I am. Chair Suarez: -- we appreciate your attendance. Councilmember Lindsay: Thank you for having me here. Mayra Pena Lindsay, 365 Westwood Drive, Key Biscayne, Florida. I am a 40-year resident ofMiami and, more specifically, Key City ofMiami Page 165 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Biscayne for about 19 years. I'm also a councilmember. Andl was -- I'm primarily here to thank you for moving forward with the oversight board that was contemplated in the master plan. I do think it's a great idea. It's very needed. It's going to be an important component for sensitive, thoughtful, long-term planning of Virginia Key Beach. It also will help us balance competing interests that we all have on Virginia Key Beach and promote public access. I wanted to emphasize that Key Biscayne is completely willing to cooperate and also would be a good partner in promoting the continuity in the plan because people come and go, but pretty much, Key Biscayne is going to be there for perpetuity, hopefully. And l just wanted to ask that we be voting stakeholders. Chair Suarez: Thank you. Councilmember Lindsay: Thank you. Chair Suarez: Just for clarity sake, this is not a public discussion item. I will let a couple of members of the public speak and most members have been able to speak on this. Is there -- who else wants to speak on this? Is there anyone else who wants to speak on this item? There's one. Are you, sir? You look like you -- two, three. Okay, we're going to ask you to -- we're going to do a hard two minutes on each one, okay, 'cause this is not even contemplated in a discussion item so we're doing this as a courtesy. Sir. Sam Van Leer: My name is Sam Van Leer. I'm president and founder of Urban Paradise Guild. And I'd like to say, first of all, thank you very much for giving this the time that it merits. First of all, I agree with Greg Bush and Laura Reynolds' comments overall. I'd like to echo what she said, that in terms of the representation with regard to the environment. That was one of the strongest reactions that we were getting through the entire consensus building process, and having additional members on the board that represent the environment I think would be critical. I would be happy to serve. We have literally put down roots on Virginia Key. We've planted thousands of plants on the dunes at the Historic Virginia Key Beach Park Trust. Some of the stakeholders that you may want to also consider in the composition of the larger committee are rowers. I don't know if those are included. They're certainly a stakeholder in the basin area. The Mountain Bikers are certainly a stakeholder on North Point. And you may also want to include regulatory agencies, like the Biscayne Bay Aquatic Preserve and DERM. Anyway, thank you very much for taking the time to consider this. Chair Suarez: Thank you. Thank you for staying within the two minutes as well. Sir. John de Olazarra: My name is John de Olazarra. I'm a resident at 1689 South Bayshore Lane in Coconut Grove, and I've been a participant in the charrettes and the different public meetings regarding Virginia Key, andl appreciate the importance of what you guys are ascribing to this, albeit two years, perhaps later than it could have been. But the idea of co-opting the existing board for this purpose I think is misguided. I think if you talk to the members of the Marine Stadium Board or the Marine Stadium -- Friends ofMarine Stadium, their expressed purpose and intent is the rehabilitation ofMarine Stadium and to create viable economic enterprise of Marine Stadium. Their intent is not the oversight and the stewardship of Virginia Key. The fact that it happens to be on Virginia Key is coincidental, but they're looking at preserving the architectural heritage and coming up with an operating business. I think it's misguided andl would encourage you to rethink this. I appreciate the fact that you're willing to go forward with this board, but I would suggest a standalone board with them as members and stakeholders at the table would be a better solution. Chair Suarez: Let me propose something that I think might fix it, which is to say Key Biscayne was going to be someone that I think you said you were going to appoint as a member or maybe add them as a member. City of Miami Page 166 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Vice Chair Sarnoff. The mayor. Chair Suarez: Right. Vice Chair Sarnoff. The mayor of Key Biscayne is Kaplan. Chair Suarez: Okay. And then I would suggest that -- I kind of agree with what you just said, which is that in the Miami Marine Stadium board, there's three members of Friends of the Marine Stadium. We don't need three members on the -- we just could maybe have one and use the other two for environmental groups that, you know -- Commissioner Carollo: I'll go a step further, you know. I think we should have someone from the County Commission, maybe someone from the City Commission, 'cause we have no one appointed from us. I know through MSEA Vice Chair Sarnoff. Anybody welcome to take my spot. Commissioner Carollo: -- and -- no, but -- Vice Chair Sarnoff. I have no problem with it. Commissioner Carollo: -- you know what I'm saying. Chair Suarez: I'll pass on that one. Commissioner Carollo: Another thing, you know, I really do believe we should have someone with -- you know, a financial person, maybe a CPA (Certified Public Accountant) on the board because, realistically, a lot of times there's a lot of good things -- Chair Suarez: Sounds like you're describing somebody. Commissioner Carollo: No, I'm not describing someone. I'm just describing, you know, that we need someone with a financial background there because in all fairness, a lot of times -- Commissioner Gort: Nominate Commissioner Carollo. Commissioner Carollo: -- there's a lot of things that you want to do but I don't know if it's financially feasible so I believe -- and by the way, I'm not saying nothing different. I said that when the original board was going to, you know, be there for the Marine Stadium. I said we need a financial person because I was not seeing that there. So, again, I -- Vice Chair Sarnoff. I don't -- I like -- Commissioner Carollo: Maybe someone from Virginia Key Beach Trust. Vice Chair Sarnoff. I got no problem with that. I mean, you want to give up two seats -- this is part of the discussion that we're having -- from the Friends of Marine Stadium. I happen to agree with you, a level-headed financial person needs to be on that board. Now, whether Stu Bloomberg or -- I'm trying to remember the list; I don't have it in front of me -- fits that description -- I like the idea of a County Commissioner on the board; yet, I realize probably not feasible. It's probably not feasible. Commissioner Carollo: Or the County Commissioner of that area could appoint someone, you know. City of Miami Page 167 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Vice Chair Sarnoff. I don't mind an appointment from the County Commissioner from that area 'cause that's probably not a bad idea, but -- Commissioner Carollo: Right. Chair Suarez: I know that guy by the way. Vice Chair Sarnoff. And if he appoints you, that would be fine, and then -- Chair Suarez: Oh, my God. Vice Chair Sarnoff. -- the district Commissioner can -- Chair Suarez: If he appoints me, I'm not going to dinner at his house anymore. Mr. de Olazarra: You know, the closing point is that, as you guys stated, I mean, this board has not been polled as to their willingness to participate here -- Chair Suarez: We agree, we agree. Mr. de Olazarra: -- and having said that -- I mean, I'm -- I know that it's tough to get people to show up to boards in the first place and the last thing we want is to create a board that their interests are not aligned. Commissioner Carollo: Right. Mr. de Olazarra: Their interests are Marine Stadium and you're going to force them to be on the Virginia Key Board and because -- Vice Chair Sarnoff. That's why we're not voting tonight. That's why -- Chair Suarez: Right. Commissioner Carollo: Right. Vice Chair Sarnoff. -- we're going to let the Administration reach out to them to see how many of them are willing to serve longer than their six-month intended purpose. Chair Suarez: Okay, hard two minutes. Next. Andl think what we're going to do -- the way we're heading -- no, no. Over there to the podium, sir -- what we're -- I think where we're heading towards is essentially bringing this back, I would say, in about two Commission meetings with essentially a modification of -- based on the comments that we've made here today from the Commissioners. Andl think with that, we can wrap this thing up and go forward. Sir. Commissioner Gort: I'd like to ask a question. Chair Suarez: Sure. Commissioner Gort: My understanding, they have six months to come back to us, right? When did that start, the six months? Vice Chair Sarnoff. I don't know; we haven't met yet. Let me be candid with you. Commissioner Gort: Okay. That's -- I want to make sure 'cause six month, at least two month have gone by. City of Miami Page 168 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 Vice Chair Sarnoff. No. I agree with you. Commissioner Gort: Okay. Vice Chair Sarnoff. At least two months. Chair Suarez: Okay. Sir. Stuart Sorg: My name is Stuart Sorg. I'm a retired United States Navy Seal Captain after 25 years. I also was the founder of the Waterfront Board, which I'm (UNINTET,T IGIBT ,F) seven different times have been the chairman. I'm still on it. All the boards I've ever served on in the military or in the City have been successful. I'd like to get involved with the type of organization that's going to be make the decisions that are best suited for this Commission and the City of Miami. I feel strongly about this Waterfront Board -- this -- excuse me, this -- I guess this board we're putting together now. But I want to meet with all the people and would hope that we can bring together the right types of people and make it work. Chair Suarez: Sir, by any chance, are you a City resident, just out of curiosity? Mr. Sorg: Pardon? Chair Suarez: Are you a City resident by any chance? Mr. Sorg: Am I what? Commissioner Spence -Jones: Are you a City resident? Vice Chair Sarnoff. He is. Chair Suarez: Are you a City ofMiami resident? Is he? Okay, just curious. Mr. Sorg: I've been living in Coconut Grove 35 years. Chair Suarez: Okay, okay. Longer than I've been alive. Mr. Sorg: Willie knows it. Chair Suarez: Okay. Well, 'cause I was going to say, I could name you to the Water Advisory -- is it the Water Advisory Board? Commissioner Carollo: He is on the Water -- Commissioner Gort: He is on the board. Chair Suarez: Oh, he is? Commissioner Gort: Yes. Chair Suarez: Okay. Well -- Commissioner Gort: I appointed him. Mr. Sorg: Commissioner -- City ofMiami Page 169 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 NA.1 12-00633 Chair Suarez: -- I was going to steal him from you, Commissioner Gort, but -- 'cause I need a member. Okay. Well, thank you, sir. We'll take that into advisement. Mr. Sorg: Thank you. Chair Suarez: Back to you. A real live Navy Seal, guys. What do you think about that? Okay, so we're going to bring this back in 10 seconds, 15 seconds? No, come on, come on. Fifteen seconds, let's go. Just put your thoughts on the record. Sean Rolland: Sean Rolland, 177 Ocean Lane Drive, Key Biscayne, Florida. Just wanted to get in the record that local residents also support more environmental people on the board. Chair Suarez: Okay. Mr. Rolland: I don't think they should just be Marine Stadium interests, although that is important for a number of reasons. Chair Suarez: I think we agree with that. Mr. Rolland: Yeah. Chair Suarez: Andl think what we'll do is substitute the -- 'cause, of course, the other one is very heavy with Friends of the Marine Stadium because it's for the Marine Stadium so we will make those adjustments and come back with something that I think will be better balanced towards the environmental community versus being a little bit lopsided in favor of the Marine Stadium. Mr. Rolland: Great. Thankyou. Chair Suarez: Okay. Thank you all for coming. I appreciate the input and we have listened and we'll make the necessary corrections. Thankyou END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES END OF DISTRICT 5 NON -AGENDA ITEMS DISCUSSION ITEM COMMISSIONER SPENCE-JONES THANKED THE MEMBERS OF THE CITY COMMISSION FOR THEIR SUPPORT OF THE OVERTOWN COMMUNITY BY VOTING TO PASS A RESOLUTION THAT DELEGATED AUTHORITY TO THE COMMUNITY REDEVELOPMENT AGENCY (CRA) TO OBTAIN DEBT FINANCING TO FINANCE THE CRA'S REDEVELOPMENT ACTIVITIES; FURTHER RECOGNIZING THE CITY MANAGER FOR HIS WORK AND SUPPORT ON THIS ITEM. DISCUSSED City of Miami Page 170 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 NA.2 12-00635 Commissioner Spence -Jones: Commissioner Carollo, just before you leave off okay? I just really wanted to say before we started the City Commission meeting, I want to publicly acknowledge my fellow colleagues for their support with last Commission meeting vote for Overtown. I know that you guys have always supported Overtown, but it took a lot to stand up to vote and support it moving ahead. The one thing that I would like to do, the people of Overtown wanted to make sure that we said officially thank you for their -- your support for making sure that they got a piece of the pie. So this is a symbolic gesture from one of the best bakers in Overtown, and she's been a part of our program to get her cakes and pies in Winn -Dixie, so she's going through this whole CRA (Community Redevelopment Agency) program, so you're going to first test taster to see if it'll work in the Winn-Dixies. But basically, what we wanted to say is thank you so much for giving Overtown -- it's not a pie, a piece of pie we're going to say it today -- its piece of the pie. And let us know what you think. And l just wanted to say God bless you guys. We really appreciate it. I didn't bake this one, but I'll bake one for y'all the next time. And then to our Manager, Mr. Manager -- let's give Mr. Manager a hand. Thank you so much. Applause. Commissioner Spence -Jones: We really appreciate it. Thank you so much for indulging. God bless. Chair Suarez: Thank you. DISCUSSION ITEM DISCUSSION BY COMMISSIONER SPENCE-JONES REGARDING AN ARTICLE BY THE MIAMI HERALD THAT GAVE THE FALSE IMPRESSION THAT THE APPOINTMENT OF OLAALUKO TO THE CITY'S HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD WAS RELATED TO THE COMMUNITY REDEVELOPMENT AGENCY FUNDS THAT WERE BEING USED IN OVERTOWN AND CLARIFIED THE MATTER FOR THE RECORD. DISCUSSED Chair Suarez: Okay. There is -- Commissioner Spence -Jones: Are there any more board appointees, sir, besides that? Chair Suarez: No. I don't think there is. Commissioner Spence -Jones: Okay. I do have a comment that would like to at least -- Chair Suarez: Sure. Commissioner Spence -Jones: -- officially put on the record, Mr. Chair. And l just want to kind of read it in the record. I think it's important to do it. If you guys would indulge me for a minute on these -- Chair Suarez: Absolutely. Commissioner Spence -Jones: -- board appointments. I'm sure many of you have read the last week Miami Herald's article, which to me, I thought was very misleading, regarding one of my appointees, which is to the Homeland Defense Bond Oversight Board. I just want to make sure not just for the -- my colleagues 'cause I know you guys sitting up here understand it, but those that watch TV (Television) and those that get the story, I want to make sure they get it right. I City of Miami Page 171 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 NA.3 12-00617 District 2- Commissioner Marc David Sarnoff want to make sure that everybody understands that this Neighborhood Improvement Bond Oversight Board serves only -- the members only serve as advisors to the City Commission on how the funds should be spent or derived in issuance to the GOB (General Obligation Bond). I just want to make sure that we're clear on that. We all know that we have five members that are appointed to the board -- or altogether, I believe it's ten members together -- altogether. So you know I have at least two appointees. And one of the things that really was disturbing to me is I made an appointment, I believe, on March 19, and -- to appoint Ola Aluko, which is my board appointee on this issue andl stand by my decision, not taking anything from Albert Sosa and anyone 'cause I think that Albert Sosa is also a very well qualified individual. But he was my appointment and he is my appointment, and he has -- I mean, is qualified to do the job. And what really, really bothered me -- and thought it was important to put it out there -- is that when we make these kind of comments or statements, you know, off the record or on the record, especially when no one's been found guilty of anything or have done anything wrong, we have to be mindful because this is people's reputation, you know, and you know, at the end of the day, I just think it's really important for us as sitting Commissioners that we do not, you know, get involved in anything that is just not right. Andl wanted to say that because the Miami Herald did run an article last week on this issue and made it to be or made it to appear to be muddy from the standpoint of Ola being involved in the Bond Oversight Board and that kind of how -- somehow having some sort of reference to the CRA (Community Redevelopment Agency) related funds that, you know, would be operated through Overtown. I just think that the timing of that is very suspicious, especially since Ola was appointed back in March. Andl just want to say this to my fellow Commissioners is that we really have to stop this because we're hurting good people when we make these kind of statements, especially when they're not true. Andl know for a fact that the City ofMiami, in its major transition, lost a lot of great people and that just happens when you have a new administration come in. But we should not, you know, go out of our way in some instances to hurt good people. So I just really wanted to make sure that it was clear that the false impression that the Miami Herald put out on this article regarding the CRA item and the Bond Oversight Board are not related at all. And again, to me, I just felt that that was something that was planted in the Miami Herald to send a message that what we were doing was not the right thing. So I just want to at least make sure that we put that on the record and make sure that Ola understands that our intentions in City government is not to hurt someone that's trying to do good things. Chair Suarez: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE COCONUT BUSINESS IMPROVEMENT DISTRICT TO APPROVE W. CARL TEMPLER AS THE TOP -RANKED PROFESSIONAL FOR THE POSITION OF EXECUTIVE DIRECTOR OF THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN EMPLOYMENT AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE, WITH TERMS AND CONDITIONS STATED HEREIN AND AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. 12-00617-Legislation. pdf 12-00617-Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones City ofMiami Page 172 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 R-12-0219 Chair Suarez: And last thing is a pocket item, Mr. Chair. It would be -- andl did not violate the five-day rule so you could see it. This is a pocket item which would confirm the new BID (Business Improvement District) director. I think his name is W. Carl Templer. Chair Suarez: Is that a motion? Vice Chair Sarnoff It is a motion, sir. Chair Suarez: Is there a second? Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. Vice Chair Sarnoff Thank you, Mr. Chair. NA.4 RESOLUTION 12-00341 District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR Commissioner RICK SCOTTAND THE STATE OF FLORIDA TO CONTINUE FUNDING THE Wifredo (Willy) Gort CENTRAL SERVICE CENTER LOCATED AT 1490 NORTHWEST 27TH AVENUE, MIAMI, FLORIDA; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 12-00341-Legislation. pdf Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-12-0220 Chair Suarez: Okay, guys, meeting adjourned. Anthony Hatten: Thank you. Commissioner Gort: No, wait a minute. I got a -- Chair Suarez: Oh, no. Commissioner Gort: -- pocket item that's very important. Chair Suarez: Oh, my bad. Sorry. Commissioner Gort: No, no, no, no. Wait a minute. Chair Suarez: I always jump the gun. Commissioner Gort: I'm not finished. City of Miami Page 173 Printed on 6/25/2012 City Commission Meeting Minutes May 24, 2012 ADJOURNMENT Chair Suarez: I always jump the gun. Commissioner Gort: The Heat -- what time is the game? At 8. Chair Suarez: No, it's at 8. We got plenty of time. Commissioner Gort: This is a resolution of the Miami City Commission urging Governor Rick Scott and the State of Florida to continue funding the Central Service Center, located at 1490 Northwest 27th Avenue, Miami, Florida. Chair Suarez: Is there a motion? Commissioner Gort: Directing the City Clerk to transmit this copy to the resolution to the official design [sic] herein. Chair Suarez: Motion -- Vice Chair Sarnoff I'll second that motion. Chair Suarez: -- by Commissioner Gort, second by Vice Chair. All in favor, signift by saying aye." The Commission (Collectively): Aye. Chair Suarez: Can I adjourn the meeting now, sir? Commissioner Gort: Yes. Chair Suarez: Thank you. Commissioner Carollo: Adjourn. Chair Suarez: Meeting adjourned. Commissioner Gort: Thank you. The meeting adjourned at 6: 26p.m. City of Miami Page 174 Printed on 6/25/2012