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HomeMy WebLinkAboutCC 2012-06-14 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, June 14, 2012 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Francis Suarez, Chairman Marc David Sarnoff, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Frank Carollo, Commissioner District Three Michelle Spence -Jones, Commissioner District Five Johnny Martinez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes June 14, 2012 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gort, Vice Chair Sarnoff, Commissioner Carollo and Commissioner Spence -Jones Absent: Chair Suarez On the 14th day of June 2012, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Vice Chair Sarnoff at 9:20 a.m., recessed at 11:17 a.m, reconvened at 1:59 p.m, and adjourned at 3:08 p.m. Note for the Record: Commissioner Carollo entered the Commission chambers at 9:39 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Priscilla A. Thompson, CMC, City Clerk Vice Chair Sarnoff. (UNINTELLIGIBLE) meeting of the City of Miami Commission in these historic chambers. The members of the City Commission are Wfredo Gort, Frank Carollo, Michelle Spence -Jones, and myself, Marc David Sarnoff, the Vice Chair. Also on the dais are Johnny Martinez, the City Manager, Julie O. Bru, the City Attorney, Priscilla A. Thompson, the City Clerk. The meeting will be opened with a prayer by the -- Priscilla Thompson, and the pledge of allegiance led by Commissioner Gort. Please all rise. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 PRESENTATION 12-00656 Honoree Presenter Protocol Item Kevin Gutt Vice Chair Sarnoff Certificate of Commendation Arts & Minds Academy Xavier Cortada Commissioner Gort Certificate of Appreciation NET Employees Commissioner Spence -Jones & Believe Recognition Mayor & All Commissioners 12-00656 Protocol Item.pdf PRESENTED 1) The Mayor and City Commission recognized the Neighborhood Enhancement Team (NET) as part of the Believe Campaign for their outstanding efforts in providing services to the residents of the City of Miami and continued dedication to inspire, empower and transform their communities. 2) Commissioner Spence -Jones honored Tracy Lozama, Media Liaison for the Little Haiti Cultural Complex, for her steadfast dedication to the Miami community, high-level City of Miami Page 3 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 professionalism and genuine unwavering commitment to elevating the quality of life for the residents of the City of Miami. 3) Commissioner Gort presented a Certificate of Appreciation to Xavier Cortada for his commitment to enriching our community through his works of art and his dedication to the residents of the City of Miami through civic involvement. 4) Vice -Chair Sarnoff presented a Certificate of Commendation to Kevin Gutt for having perfect attendance from kindergarten through high school; further recognizing his dedication to his academic endeavors. Vice Chair Sarnoff. All right. We'll make the presentations and proclamations. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Carollo, seconded by Commissioner Gort, to APPROVE PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones MAYORAL VETOES Vice Chair Sarnoff At this time, does the Administration wish to announce --? Priscilla A. Thompson (City Clerk): Excuse me, Chair. Vice Chair Sarnoff Yes. Ms. Thompson: Acting chair, Vice Chair. Usually at this point in time we go ahead and approve the minutes. Vice Chair Sarnoff All right. Is there a motion to approve the minutes? Commissioner Carollo: So moved. Commissioner Gort: Second. Vice Chair Sarnoff Is there --? All right. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. END OF APPROVING MINUTES NO MAYORAL VETOES Commissioner Carollo: Mayoral vetoes. Priscilla A. Thompson (City Clerk): And then further, we'll go ahead and handle the mayoral vetoes. Vice Chair Sarnoff Madam Clerk, are there any mayoral vetoes? Ms. Thompson: No, sir. There are none. City of Miami Page 4 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Vice Chair Sarnoff All right. Ms. Thompson: Thank you. Vice Chair Sarnoff All right. We'll now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Julie O. Bru (City Attorney): Thank you, Vice Chair. Vice Chair Sarnoff Madam City Attorney. Ms. Bru: Members of the Commission, Mr. Mayor, Mr. Manager, Madam City Clerk, members of the public. Lobbyists 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 this agenda is also available during business hours at the Clerk's office and online at www.miamigov.com. Anyone who wishes to appeal any decision or any matter taken up by the City Commission at this meeting may need a verbatim record. Please, no cell phones or other noise -making devices. Silence them now. Any person who makes offensive remarks or becomes unruly at the Commission meeting shall be barred from further attending Commission meetings. And anyone who has a disability that requires auxiliary aids, please see the City Clerk for assistance. Mr. Vice Chair, the lunch recess usually starts at noon, but you may want to make a special announcement today. Thank you very much. Vice Chair Sarnoff We'll be starting the lunch recess at 11:30. [Later...] Vice Chair Sarnoff All right. At this time, would the Administration like to announce anything they'd like to withdraw from this agenda? Johnny Martinez (City Manager): Yes, Mr. Chair. Vice Chair Sarnoff. Go ahead. Mr. Martinez: SR.1, defer to June 28, and DL2, defer to June 28. Vice Chair Sarnoff All right. Is there any Commissioners who wish to move or pull out of order or remove any items from this agenda? All right. Hearing none then, is there a motion as stated by the Administration? Commissioner Carollo: So move it. And just to make sure, both these items will be a deferral to June 28, correct? Mr. Martinez: Yes, sir. Commissioner Carollo: Thank you. Vice Chair Sarnoff. We have a motion by Commissioner Carollo. Is there a second? Commissioner Gort: Second. Vice Chair Sarnoff Second by Commissioner Gort. Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. City of Miami Page 5 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 [Later...) Vice Chair Sarnoff Okay. Commissioner Spence -Jones: Do you need me? Vice Chair Sarnoff I'm just going to have a discussion. I really -- you know what, I don't. And I think we should -- everybody agree that we'll do our boards and appointments next meeting? Commissioner Carollo: Yes. Vice Chair Sarnoff Okay. So I -- if you want to leave, it's okay with me. I'm -- I just want to talk about two issues, and I don't need -- it's not going to be a vote. Is that all right, Madam City Attorney? Commissioner Carollo: That's correct. Ms. Thompson: Before you -- I'm sorry, Chair. Do you want it the next meeting, which will be July 28, which I understand it's a thick agenda, or do you want the next regular meeting? Thank you. Vice Chair Sarnoff Regular meeting. City of Miami Page 6 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 CONSENT AGENDA CA.1 RESOLUTION 12-00534 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "MIAMI POLICE DEPARTMENT OPERATION ZERO -IMPAIRED DRIVING ENFORCEMENT PROGRAM," AND APPROPRIATING FUNDS, CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION, IN THE AMOUNT OF $70,000; RATIFYING THE CITY MANAGER'S EXECUTION OF THE GRANT DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. 12-00534 Summary Form.pdf 12-00534 Letter - Florida Dept. of Transportation.pdf 12-00534 Legislation.pdf 12-00534 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-12-0221 CA.2 RESOLUTION 12-00544 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF ROY MARTINEZ, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $47,500, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI AND ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS, ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 12-00544 Memo - Office of the City Attorney.pdf 12-00544 Memo - Financial Signoff.pdf 12-00544 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-12-0222 Adopted the Consent Agenda City of Miami Page 7 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Motion by Commissioner Carollo, seconded by Commissioner Gort, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones END OF CONSENT AGENDA Vice Chair Sarnoff All right. I think we start with CA.1. Commissioner Carollo: Mr. Chairman. Commissioner Gort: Consent agenda. Make a motion to -- Commissioner Carollo: I'd rather just make a motion to approve all the consent agenda. Vice Chair Sarnoff There you go. There's a motion to approve the consent agenda. Is there a second? Commissioner Gort: Second. Vice Chair Sarnoff. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 12-00535 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Development DEVELOPMENT BLOCK GRANT ("CDBG") CLOSE OUT FUNDS, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, IN THE TOTAL AMOUNT OF $1,140,103.73; ALLOCATING SAID FUNDS AS STATED HEREIN: THE AMOUNT OF $1,000,000 TO THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE, FOR FIRE FIGHTING AND LIFE-SAVING EQUIPMENT AND THE AMOUNT OF $140,103.73 TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT CDBG RESERVE ACCOUNT, FOR FUTURE CITYWIDE CDBG ELIGIBLE ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-00535 Summary Form.pdf 12-00535 Notice to the Public.pdf 12-00535 Legislation.pdf 12-00535 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez City of Miami Page 8 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 R-12-0223 Vice Chair Sarnoff All right. We have PH.1. George Mensah: George Mensah, director of Community Development. Commissioner, PH.1 is a resolution of the City Commission authorizing the transfer of Community Development Block Grant close out funds, which is specified in the attachment, in the amount of $1,140,103.73; and allocating said funds in the amount of $1, 000, 000 to the City of Miami Department of Fire -Rescue and an amount of $140,103.73 to the City of Miami Economic -- Community Development for reserve account. Commissioner Gort: Move it. Vice Chair Sarnoff. Is there a motion? Commissioner Gort: With a public hearing. Vice Chair Sarnoff Let's get a motion first. Commissioner Gort: Move it. Vice Chair Sarnoff Is there a motion? There's a motion. Is there a second? Commissioner Carollo: Second. Vice Chair Sarnoff There's a second. This is a public hearing. Anybody wishing to be heard on PH.1, PH.1, please step up. Hearing none, seeing none, the public hearing is now closed coming back to the Commission. Any Commissioners wish to discuss this matter? All right. Hearing none, all in favor, then please say Eye." The Commission (Collectively): Aye. PH.2 RESOLUTION 12-00536 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO GRANT Development ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. ("ABDA"), AN EXTENSION OF TIME TO COMMENCE CONSTRUCTION FROM JANUARY 1, 2012 TO OCTOBER 1, 2012, AND TO COMPLETE CONSTRUCTION FROM JUNE 30, 2012 TO MARCH 31, 2013, ON THE PROPERTIES LOCATED AT 790-92 NORTHWEST 29TH TERRACE, MIAMI, FLORIDA, AND AN EXTENSION OF TIME TO COMMENCE CONSTRUCTION FROM JULY 1, 2012 TO APRIL 1, 2013, AND TO COMPLETE CONSTRUCTION FROM DECEMBER 30, 2012 TO OCTOBER 31, 2013 ON THE PROPERTIES LOCATED 3255-57 NORTHWEST 11TH COURT AND 3245-47 NORTHWEST 11TH COURT, MIAMI, FLORIDA (COLLECTIVELY THE "PROPERTIES"), LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO MODIFY THE PROJECT FROM AFFORDABLE HOMEOWNERSHIP TO AFFORDABLE RENTAL; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE MODIFICATIONS TO THE DEED(S) THAT CONVEYED THE PROPERTIES FROM THE CITY OF MIAMI TO ABDA, AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES. City of Miami Page 9 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 12-00536 Summary Form.pdf 12-00536 Notice to the Public.pdf 12-00536 Letter - Resolution R-11-0120.pdf 12-00536 Pre-Legislations.pdf 12-00536 Legislation.pdf 12-00536 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-12-0224 Vice Chair Sarnoff. PH.2. George Mensah (Director, Community Development): PH.2 is a resolution authorizing the City Manager to grant Allapattah Business Development Authority an extension of time to commence construction from January 1, 2012 to October 1, 2012, and to complete construction from June 30, 2012 to March 31, 2013, on the properties located at 790-92 Northwest 29th Terrace, Miami, and then also to add an additional extension for the property located at 3255-57 Northwest 111 th [sic] Court and 3245-47 Northwest 11 th Court; and also to allow them -- the property to be used for rental instead of homeownership. Vice Chair Sarnoff All right. Is there a motion on PH.2? Commissioner Gort: Move it. Vice Chair Sarnoff. We have a motion by Commissioner Gort. Is there -- Commissioner Spence -Jones: Second. Vice Chair Sarnoff -- a second? Second by Commissioner Spence -Jones. This is a public hearing. Anybody from the public wishing to be heard on PH.2, PH.2, please step up. Hearing none, seeing none, the public hearing is closed. Any Commissioner wish to discuss this item? Hearing none, all in favor, then please say liye. " The Commission (Collectively): Aye. Commissioner Spence -Jones: I just have a -- Vice Chair Sarnoff All right. Commissioner Spence -Jones: Mr. Chairman, I just have a question, not necessarily about the item. Vice Chair Sarnoff Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: Just in general, George, it seems like we're -- one of the things we are moving to is rentals, correct? Mr. Mensah: Yes. Commissioner Spence -Jones: Okay, so that's becoming like a -- Can you just at least put that --? Mr. Mensah: Yeah. As you know -- City of Miami Page 10 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Commissioner Spence -Jones: Because I know we're having some challenges as well, so that's why I wanted to -- Mr. Mensah: In the -- yeah. As you know, in the past, in the early 2000 and to the mid-2005, 2006, homeownership was the in thing. Everybody was doing homeownership, and so the City provided a lot of properties to entities to construct homeownership projects. Unfortunately, those that did not start prior to 2006 or 2007 went into problems getting financing and being able to get buyers to buy on those properties. So right now the -- nationwide on all community development, the idea is either convert current homeownership projects to rentals or if it's already built and you can't convert it to rentals, to make it into lease to rent, and that is the direction that the country is going. Commissioner Spence -Jones: So is it -- within your opinion, that is definitely something that we can move into if that -- Mr. Mensah: Yes. Commissioner Spence -Jones: -- becomes an issue? Mr. Mensah: Actually, that is the recommendation that we get from HUD (Department of Housing and Urban Development). Commissioner Spence -Jones: Okay, no problem. Vice Chair Sarnoff. Commissioner Gort, you're recognized. Commissioner Gort: That's one of the things that I've been discussing with rent with the option to buy in the future. Mr. Mensah: Yes. Commissioner Gort: That's something to look at. Today, one of the reasons the -- all the vacancy that we had in downtown Miami in Brickell are being taken over by rentals. Right now people are renting with the option later on to buy and that's the economic crisis force us to do those things and we got to go with it. Commissioner Spence -Jones: Thank you, George. Vice Chair Sarnoff And yet, that market itself is starting to firm up too. And what happens when the rental market firms up, the next trend will be -- Mr. Mensah: Yeah, homeownership. Vice Chair Sarnoff -- homeownership. Mr. Mensah: That's true. Vice Chair Sarnoff Because as rental rates start going up, it becomes more affordable to own. That's already trending. Mr. Mensah: Yeah. Vice Chair Sarnoff So in three years or two years, my guess is we'll be going back to homeownership -- City of Miami Page 11 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 PH.3 12-00607 PH.4 12-00460 Mr. Mensah: That's correct. Vice Chair Sarnoff. -- which is probably a good policy initiative because, in the words of Ronald Reagan, I never saw anybody wash a rental car. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $50,000 FROM THE CITYWIDE ECONOMIC DEVELOPMENT RESERVE ACCOUNT, TO MIAMI HISPANIC BALLET CORP., FOR PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-00607 Summary Form.pdf 12-00607 Notice to the Public.pdf 12-00607 Legislation.pdf SPONSORS: HONORABLE MAYOR TOMAS REGALADO DEPARTMENT OF COMMUNITY DEVELOPMENT Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-12-0225 Vice Chair Sarnoff So -- all right, PH.3. George Mensah (Director, Community Development): Commissioner, PH.3 is a resolution to transfer an amount of 50, 000 from the citywide economic development reserve account to Miami Hispanic Ballet for public facilities and improvement activities. Vice Chair Sarnoff All right. Is there a motion? Commissioner Gort: Move it. Vice Chair Sarnoff Motion by -- Commissioner Carollo: Second. Vice Chair Sarnoff. -- Commissioner Gort, second by Commissioner Carollo. It's a public hearing. Anybody wishing to be heard on PH.3, PH.3, please step up. Hearing none, seeing none, corning back to the Commission. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. RESOLUTION City of Miami Page 12 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), GRANTING MIAMI DREAM HOMES INVESTMENT Development GROUP, INC., AN EXTENSION OF TIME FROM JUNE 30, 2011 TO JUNE 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 Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-12-0226 Vice Chair Sarnoff. All right, PH.4. George Mensah (Director, Community Development): Commissioner, PH4 is a resolution of Miami City Commission granting Miami Dream Homes Investment Group an extension of time from June 30, 2011 to June 30, 2012 to complete construction and convey the property which is at 1525 Northwest 60th Street. Vice Chair Sarnoff. All right. Is there a motion on PH.4? Commissioner Gort: Move it. Commissioner Spence -Jones: Second. Vice Chair Sarnoff Motion by Commissioner Gort, second by -- Commissioner Spence -Jones: Discussion. Vice Chair Sarnoff -- Commissioner Spence -Jones. Let's do this first, Commissioner. Let me get a public hearing and then we'll come to your discussion. Public hearing on PH.4. Anyone wishing to be heard on PH.4? Hearing none, seeing none, corning back to the Commissioner. Commissioner Spence -Jones, you are recognized. Commissioner Spence -Jones: Good morning, George. Mr. Mensah: Good morning, Commissioner. Commissioner Spence -Jones: I just wanted to make sure that on -- from your perspective, this is -- on this particular extension, this is something that you're definitely recommending that happens right now. Mr. Mensah: Yes. Commissioner Spence -Jones: And I think it's important for at least the Commissioners to know City of Miami Page 13 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 what the project is, you know, exactly what we're trying to accomplish -- Mr. Mensah: Yeah. This is -- Commissioner Spence -Jones: -- with the project 'cause this has been going on for a minute. Mr. Mensah: Yes. This is a project that was awarded some time in 2005 and it's basically been going on for a very long time. The project was to construct a 7-unit building and then to provide it back to the City. It started out as a senior citizen project, but for funding reasons, it ended up being -- rehabbing some specialized type of housing. The developer promised to do this development by June 30, 2011. We came to Commission and add that time. Now after that time, the project was not completed and we've been working with the developer for a very long time to try to get this done. Commissioner Spence -Jones: But it's -- the housing is for people living with AIDS (Acquired Immune Deficiency Syndrome); is that right? Mr. Mensah: I didn't want to say that. Commissioner Spence -Jones: Oh, I'm sorry. We're not -- Mr. Mensah: That's why I said specialized housing. Commissioner Spence -Jones: Okay. Mr. Mensah: Sorry. Commissioner Spence -Jones: Sorry. Mr. Mensah: Yeah, dealing with this particular subject is always very -- Commissioner Spence -Jones: Sensitive. Mr. Mensah: -- you know, difficult -- sensitive. So -- Commissioner Spence -Jones: Okay. Mr. Mensah: -- it is specialized housing. Commissioner Spence -Jones: That's okay. No other comment. Thank you. Vice Chair Sarnoff. All right. We didn't vote on this, did we not? All right, so any further discussion? Hearing none then, all in favor, please say aye." The Commission (Collectively): Aye. END OF PUBLIC HEARINGS ORDINANCES - SECOND READING SR.1 ORDINANCE Second Reading 12-00514 District 4- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, Francis Suarez ENTITLED "BUILDINGS", MORE PARTICULARLY BY AMENDING ARTICLE City of Miami Page 14 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 5, ENTITLED " CODE RELIEF PROGRAM TO MODIFY THE MITIGATION OF FINES DUE TO PARTICIPATION IN THE CODE RELIEF PROGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00514 Legislation FR/SR.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones Note for the Record: Item SR. 1 was deferred to the June 28, 2012 Commission Meeting. SR.2 ORDINANCE Second Reading 12-00356 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 2/ARTICLE XI/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," BY AMENDING SECTION 2-892 TO REMOVE BOARDS THAT HAVE ALREADY SUNSET OR HAVE BEEN REPEALED: THE PLANNING ADVISORY BOARD, THE ZONING BOARD; AND THE STREET CODESIGNATION REVIEW COMMITTEE, AND ADDING THE PLANNING, ZONING AND APPEALS BOARD TO THE SCHEDULE OF BOARDS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00356 Memo - Office of the City Attorney SR.pdf 12-00356 Legislation.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez 13322 Vice Chair Sarnoff. All right, SR.1. No, I'm sorry. You're right. That has been moved. SR.2. Julie O. Bru (City Attorney): Vice Chair, SR.2 is an ordinance that would sunset several boards that have already been repealed, and this is before you on second reading. Vice Chair Sarnoff All right. Commissioner Gort: Move it. Commissioner Spence -Jones: Second. Vice Chair Sarnoff There's a motion by Commissioner Gort, second by Commissioner Spence -Jones. This is a public hearing. Anybody wishing to be heard on SR.2, SR.2, please step up. Hearing none, seeing none, the public hearing is now closed. Any discussion, Commissioners? Hearing none, then Madam City Attorney -- Ms. Eisenberg, I was going to get that right. Priscilla A. Thompson (City Clerk): Thank you. City of Miami Page 15 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Vice Chair Sarnoff Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-0. And before we leave this, if you may indulge me, please, Commissioners. On behalf of the City Attorneys office and our office, I just wanted to give you a short update on this. At the March 8 meeting, we were given a direction to work together and to put together a report on the boards that required sunsetting. This would be considered the first part of that instruction because we did go in and we pulled up all of the history, attendance, activities, membership and whatever on boards. So we have a second part, another report that we want to bring to you that would give you the information on all of those other boards that may need to be sunsetted, okay. What we did here was to deal with those boards that had either been sunsetted by ordinance and needed to be removed from the Code or those that needed to be updated. So there's a second part to this. We will send out the report to you. I've said all of that to ask when would you like us to bring this back to you in the report form as a discussion item first? Commissioner Carollo: Maybe the -- Ms. Thompson: I'm sorry? Commissioner Carollo: -- second meeting in July? Ms. Thompson: Okay, that would be our July 26 meeting. Commissioner Carollo: I think so. Is that enough time because then we go into break for August and September we really deal with the budget so -- Ms. Thompson: I can have it to -- the report is done so if -- I can get that report to you tomorrow if you want. So do you want to leave it for the July 26 or would you like the 12th? Commissioner Carollo: Well, then, you know, obviously, I -- you know, I like to hear from my colleagues, but I'm okay then with the first meeting in July. Vice Chair Sarnoff Yeah. I think the first meeting in July -- Commissioner Carollo: Yeah. Vice Chair Sarnoff The last meeting in July is usually a tough meeting. Commissioner Carollo: Right. Vice Chair Sarnoff So let's not add -- Ms. Thompson: Okay, so then we'll make sure we deliver the report to you -- I'm sorry, Commissioner Gort. Commissioner Gort: Let me ask a question. You said the report's ready? Ms. Thompson: Yes. I'm just -- City of Miami Page 16 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 SR.3 12-00523 Office of the City Attorney Commissioner Gort: How heavy is the next agenda? Commissioner Carollo: Pretty heavy. Alice Bravo (Assistant City Manager/Chief of Infrastructure): I think considerably more items than today. Commissioner Gort: Beg your pardon? Ms. Bravo: More items than today. So I think 28th and July 12 are -- Vice Chair Sarnoff. Anything is more items than today. Ms. Bravo: -- heavy. Commissioner Carollo: IfI may, Mr. Chairman. Vice Chair Sarnoff Go ahead. Commissioner Carollo: Can I suggest that you forward us the report now and -- Ms. Thompson: Oh, definitely. Commissioner Carollo: -- then let's just deal with it in the first meeting in July. Ms. Thompson: Okay, so we'll set it up as a discussion item in the first meeting of July, okay? Thank you. Vice Chair Sarnoff Thank you. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 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 PRESENTATA HEARING; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00523 Memo - Office of the City Attorney SR.pdf 12-00523 Legislation.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez 13323 Vice Chair Sarnoff. All right, SR.3. Julie O. Bru (City Attorney): SR.3, Mr. Vice Chair, members of the Commission, is an ordinance that would discontinue the practice of providing a court reporter at the code enforcement City of Miami Page 17 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 proceedings. And this will generate a savings of $50, 000 per year to the City, and this was an initiative of Commissioner Gort. Vice Chair Sarnoff All right. Is there a motion on SR.3? Commissioner Gort: Move it. Commissioner Carollo: Second. Vice Chair Sarnoff We have a motion by Commissioner Gort, second by Commissioner Carollo. This is a public hearing. Anybody from the public wishing to be heard on SR.3? You're recognized for the record. Nathan Kurland: Good morning. Nathan Kurland, 3132 Day Avenue. Commissioners, I was just wondering if anyone has bothered to ask the chairman of the Code Enforcement Board whether he thought this might be a good or a bad idea. I understand the savings. However, as one who goes to code enforcement boards, one, because it's such a well -run board, and two, because, quite honestly, it's a bit entertaining, I have been told by their chairman that a court reporter is absolutely indispensible. And I was just wondering whether they've even been notified. Thank you. Vice Chair Sarnoff. Madam City Attorney, you want to address that? Ms. Bru: Well, the meetings are recorded anyway. They're tape recorded, you know -- Commissioner Gort: And televised, recorded, the whole thing. Ms. Bru: -- so I think -- Commissioner Gort: Better than the -- Ms. Bru: -- it's just, you know, an extra measure that really is not needed. Vice Chair Sarnoff Okay. All right, anybody else from the public wishing to be heard on SR.3? Hearing none, seeing none, the public hearing is now closed; coming back to the Commission. Any discussion on this item? Commissioner Carollo: Mr. Chairman. Vice Chair Sarnoff You're recognized for the record. Commissioner Carollo: Yeah. I'd like to add what Mr. Kurland said, and he may bring up a good point. At the same time, if that's the case, then I would expect someone from Code Enforcement Board or the chairman to be present and let -- you know, notify us or at least let us know, hey, this might be an issue. I don't see that. And I agree, it's a highly well -run board. But at the same time, if that really was an issue, I would, you know, think that they would be here. Ms. Bru: And you know, furthermore, you know, if anybody -- Commissioner Gort: Second reading, guys. Ms. Bru: -- needed to prosecute an appeal, they'd just have the recording transcribed by a certified court -- so -- Commissioner Carollo: Right. City of Miami Page 18 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 FR.1 12-00538 Department of Parks and Recreation Ms. Brit: -- it really is unnecessary. Vice Chair Sarnoff Or, alternatively, you could bring your own court reporter. Commissioner Carollo: Exactly. Vice Chair Sarnoff. Or alternatively, you could have a court reporter from the meeting create a transcript. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-0. END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 11 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/PARKS AND RECREATION ADVISORY BOARD," MORE PARTICULARLY BY AMENDING SECTION 2-1144, BY CHANGING THE QUORUM REQUIREMENT FROM SEVEN (7) MEMBERS OF THE BOARD, TO FOUR (4) MEMBERS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00538 Summary Form.pdf 12-00538 Memo - Proposed Ordinance.pdf 12-00538 Response - Quorum Change.pdf 12-00538 Legislation.pdf DISCUSSED Vice Chair Sarnoff All right. FR.1. Commissioner Carollo: I was told by the Administration there was going to be a time certain on this. I'm not sure, but -- Vice Chair Sarnoff. You're right, you're right, you're right. I apologize because we are using some of our Parks Department. [Later...] Vice Chair Sarnoff All right, FR.1. Lara De Souza: Good afternoon. I'm Lara De Souza, public relations specialist for the Parks and Recreation Department. Unfortunately, at this time our director is out of town, so I'm stepping in. I'm also the Parks Advisory Board liaison. Before you have an ordinance of the City of Miami Page 19 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Miami City of Miami Commission, amending Chapter 2, Article XI, Division 11 of the code of the City of Miami, Florida, as amended, entitled `Administration/Boards, Committees, Commissions/Parks and Recreation Advisory Board," more particularly by amending Section 2-1144, by changing the quorum requirement from -- it says seven, but it's actually six members of the board -- to four members; containing a severability clause and providing for an effective date. The board -- we have the chairman here, if you'd like to speak with him as to why they would like to make the change. Chair Sarnoff Okay. Why don't you come up and state on the record your name and -- Andres Vallina: Okay. My name's Andy Vallina. I live at 6850 Southwest I st Street, Miami, Florida, District 4. And I was appointed by Mr. Suarez to the board and then elected as the chair. As I got involved on the board, I realized that they hadn't met for about two years 'cause of quorum. And then the issues and -- at the end of the day, the parks and the people suffer. And, you know, we've had different issues. Some weren't appointed, some appointed and they don't show up; some were on leave. And we're trying to organize that before we can actually try to get the rubber to meet the road. This is what we came up with because it seems to be what'll work. There is a consistent group of people that are there. But unfortunately, if one of those should miss because of an emergency, it usually makes it that quorum isn't hit, the meeting's not done, and we're missing. And at this point, we're really just trying to establish how the board works, runs. We've recently started submitting e-mails (electronic) to you so that we can have some idea of what we're doing. Are we getting together here just to put up stuff?. So you'll see some things down the line that hopefully we'll get some feedback why you don't like stuff so that we are able to advise correctly and to be more aware of what you're looking for and not. I did look up the original ordinance when it was implemented by the Commissioners and what their spirit was. And I mean, they pretty much want us to look at operations and everything, and it's hard when we can't just make -- this is what we came up with. We're open to anything that you have. We would like, together, if you guys could appoint people that are willing to -- you know, people that maybe don't have as many responsibilities. To me, it's a commitment and a privilege to my community and my Commissioner. I don't know how many are actually in there. I see more people represented by -- appointed by the Mayor, City Manager. The people that are by the Commissioners haven't -- there's been different reasons. We're trying to put an end to that. But I don't want to start putting attendance rules on a board, you know. I think we're adults. This is a privilege. And if we can meet, then we can put those things in place and move forward. Vice Chair Sarnoff All right. Commissioner Gort. Commissioner Gort: I'll make the motion for discussion. Vice Chair Sarnoff. All right. We have a motion. Is there a second? Commissioner Carollo: I'll second it then for discussion. Vice Chair Sarnoff All right, so for discussion. Commissioner Gort, you're recognized. Commissioner Gort: Discussion. We would like to know who (UNINTELLIGIBLE). And if they're not going, we'd like to be informed so we can change them and get somebody that's active. Now a lot of the complaints that I get a lot of times from people that I appoint to different board is, what are we doing? Been to a couple of meetings -- and not your board specific, but you're right. You got to have a commitment. What is your duty and what is your (UNINTELLIGIBLE). What is expected of that board? I think that's very important putting that together. But I think, definitely, you should let us know who's missing the board 'cause there's certain rules that they have to follow, and if they don't, they're out. Vice Chair Sarnoff Commissioner Carollo. City of Miami Page 20 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Commissioner Carollo: Thank you, Mr. Chairman. And this is something that I think we have discussed in the past with regards to quorums and what should be a quorum. However, before I continue, I want to commend also Mr. Vallina. I know for a fact that this has been a board that has not met and to a certain degree, it has been, you know, stagnant or just not operating. And I know, since you've been appointed, you have approached me several times, and you've been trying to be very active on it and really trying to do something good. At the same time, I have to ask -- and I keep asking the same question -- some of these boards, how much do we need them or not. And I'm saying this because, again, I am seeing a board with -- which -- and I will admit, you have been very active. You -- I have seen where you have clearly tried to just make something good out of this and make it something that is beneficial to the City. Where I sometimes wonder how good is it -- you know, let's say, should we pass this ordinance, would the recommendation of three people, four people be the ones that now start coming to us as, hey, the board, you know, believes that this is -- or this is the advice of the board, and it's really four people, and it's going to probably be the same people that show up that actually do care. With regards to this board, I'll be the first one to admit, I have not appointed anyone. And, you know, this is something that I was thinking the other day. With some of these boards, it's -- and I know some of them are -- well, at least to me -- extremely important, and I do go out and I seek people, quality people to be on these boards. But is it the Commissioners also job to go out and seek people to some of these boards, or how it's happened, I see people in the community also having an interest, wanting to serve, and have come up to me and said, Commissioner, you know, I'm really interested in this board. And usually, I ask them, well, let me see your resume and so forth. But with this parks board -- and everybody knows, you know, from the very beginning how I've talked about parks and the lack of parks in District 3 and how we need to fix this. But I have yet to have one person come to me to be part of this board. So, you know, I'll be honest with you. As I was reading the agenda -- and it's a light agenda, so I had time to review the different boards. And I thought to myself do I need to go out and seek people for some of these boards, you know? And I don't know. I don't know what the answer to that question is yet, but I would think that people that really want to serve and want to contribute to this community should seek, you know, coming to us and saying, Commissioner, you know, for some reason, you know, or another, you know, I have an interest in this board and serving. Now that's not always the case. Sometimes I may want to seek a certain individual. But what I don't want is me going to someone and saying, hey, would you like to serve on this board? And then they feel somewhat like, you know, a Commissioner's coming to me; yes, I'll serve. But then what happens is they never show up to the meetings, so you have this lack of quorum and you're in the predicament that you are where, listen, we can't really vote for anything because we don't have quorum. Yet, what -- the other side is, let's say we pass this ordinance. I don't want that a recommendation comes to us from the Parks Advisory Board, and it's really just the same three people or the same four people. So that's where, you know, I'm -- Mr. Vallina: I understand. And for -- again, I hate that we're spending time meeting to do these things, but -- Commissioner Carollo: Right. Mr. Vallina: -- we did speak with the attorney, and she said we can come up with our own rules. And if that's what we will do, we will do. I understand your very valid point. Four people is the board, but the point is that we can't meet and establish our rules if at least those four people aren't there so that we can get the right people on there. So I think it's, one, is the board kind of came apart. There's been a change of heart with the older guys that have been there for years that I'm privileged to be on the board with. I don't know about the other boards, but I know that as the chair and based on my background and how I do things, it's a commitment. And we have to commit to it, and we've talked about it. Some people -- Ms. Jones [sic] just came back. She appointed somebody. She started and we're getting there. But it's important that you find -- I don't know about looking for somebody. To me, it's because I was constantly talking to Mr. City of Miami Page 21 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Suarez that one day the light bulb connected and he says would you like to do this. And it just happened that's down with what I do. The board -- originally, the spirit was to look at all the operations and everything. And since we've been on board, the ideal thing for me would be is if I'm from District 4, I can manage and look at those parks. Somebody from each district could go to those parks 'cause we're supposed to be looking at operations, summer camps. I've done that just briefly by sitting down and taking the initiative. But I've done it not just 'cause I'm a citizen; because it's my obligation on being on the board. So it's finding the right people. I don't know what the effort is. I don't know how everybody else has come about. And like everything else, maybe it's not the first guy you recommend. Maybe eventually while he's on board or she's on board, somebody else will show up. And I think eventually the board will sit. I'm there. There's other gentlemen that you're familiar with, especially Mr. Arboleya and Tony that have been there forever. Eileen is very, very -- she's there every meeting. She's the cultural -- Vice Chair Sarnoff Can I ask you a question? Mr. Vallina: Yes, sir. Vice Chair Sarnoff. What -- how many people are on this board? Mr. Vallina: Eleven. Vice Chair Sarnoff Eleven people, and Commissioners get one appointment and -- Priscilla A. Thompson (City Clerk): Two. Vice Chair Sarnoff. -- two appointments. Commissioner Gort: Two. Ms. Thompson: And the Manager gets one. Vice Chair Sarnoff. All right, so who are my two appointments? Commissioner Spence -Jones: And I'm glad you asked 'cause that was going to be my next question. Vice Chair Sarnoff I just want to know if mine are showing up. If they're not, I can certainly -- Commissioner Spence -Jones: Who's your --? Who appointed you? Mr. Vallina: Mr. Suarez. Commissioner Carollo: Suarez. Commissioner Spence -Jones: Oh, okay. Commissioner Gort: Commissioner Suarez. Commissioner Carollo: And by the way, I need to -- Commissioner Spence -Jones: And you seem -- I'm glad to see -- you just seem very enthused about -- Commissioner Carollo: Exactly. City of Miami Page 22 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Commissioner Spence -Jones: -- you know. Commissioner Carollo: And I need to say it again. I mean, this board was dormant until Mr. Vallina came onboard. And let me tell you something -- and I also must say, I've known Mr. Vallina from before I was even a Commissioner, from, you know, many, many years. But let me tell you something, since he became a board member, I mean, he has been very active and it's very -- you know, I commend him because not everybody does that. You know, you're really involved. You really want to make a difference. And I truly appreciate -- and again, this was a board -- and many times we've had this discussion: Should some of these boards even take place or, you know, should we just sunset them out? And this is a perfect example. This board was dormant until Mr. Vallina came onboard. Commissioner Spence -Jones: Well, I'm hoping that we don't think about ever sunsetting a parks advisory board 'cause I think that there's -- you know, at the end of the day, you know, we have to figure out -- I guess that's why Commissioner Sarnoffs asked who are our appointees, and if we don't have someone appointed, make sure we have someone, and then make sure our appointees are actually active in what's going on. I think that we need to do more to mandate things that are happening in our parks to, you know, the board so that you are actively involved in carrying out some of the wishes that we want to see happen in our community, in our overall areas. And I think that that doesn't happen a lot, and I think that maybe we also as a board need to -- I can't speak for anybody else but me -- but for me -- I'm going to speak from my perspective. I think we need to at least pass more things along to you guys so you'll have something, you know, to really, you know, push and move from, you know, our district's perspective. Mr. Vallina: Since we've started meeting, and we've had people come in and, really, we've been educated. I knew about parks and recreation. I knew about softball, baseball, but not the nitty-gritty. And as we've been educated, we've found out about the impact fees. We've learned some of the things that happened with other administrations, and also things that should have come to the board that didn't and went and got passed without the board's opinion. Actually, the board said no, and then it went to a different meeting and it got approved in a park about the signs. And I'm not trying to rehash old stuff. Commissioner Spence -Jones: Yeah. Mr. Vallina: But it's more of let's organize it. Let's get the people on board. Let's put some rules of engagement. And as you've seen, you're going to start getting a -mails from us because we don't know if you're receiving our advice. We know it's only advisory, but we want some feedback. Commissioner Spence -Jones: Yeah, that's true. Mr. Vallina: Eventually, there -- I think everybody should have some kind of accountability. So when I say as the chair, talking to anybody, well, we recommend this to the Commission and to the board; we haven't heard back, that doesn't look good. Even if we hear back something that's not what we want to hear, some feedback is better than none so we know how to move forward. And then also to protect that anything that means -- that affects the park should come to us. That's why we're here. Vice Chair Sarnoff Okay. Who's on mine? Ms. Thompson: I'm sorry, Commissioner. I misspoke. Each one of you do have one appointment; the Manager has four. Interesting enough, you only have one vacancy on the board. And according to my attendance sheet here, we don't have anyone with an overabundance of absence. I see one -- you know, one maybe for a couple of people, then some City of Miami Page 23 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 people have two. But no one on my current list has three or more absences, okay. Mr. Vallina: Now is that excused or unexcused altogether? Ms. Thompson: We don't have a policy or in the Code there is nothing to say whether or not the absent is excused or unexcused. It's recorded as an absence, okay. Vice Chair Sarnoff All right, so -- Commissioner Spence -Jones: So who -- Commissioner Gort: My understanding, the person can call in and say I can't make it tonight and they can get excused and it doesn't count like an absence? Ms. Thompson: That's not my understanding. We can check with the City Attorneys office. We just list them in our records as absent. Commissioner Spence -Jones: Can I ask this quick --? Who's your -- did you find out who your appointee was? Vice Chair Sarnoff. I know who it is and (UNINTELLIGIBLE) -- Commissioner Spence -Jones: Oh, okay. You thought you just were missing one maybe? Vice Chair Sarnoff If it was going to be my appointment and he had missed meetings, I'll pull him off right now. I'll put somebody new on. Ms. Thompson: One. He missed one. Vice Chair Sarnoff One. Ms. Thompson: According to my records here. Vice Chair Sarnoff Okay. Commissioner Spence -Jones: And who's mine just again? I just put mine on. Mr. Vallina: I'm sorry? Yes. Commissioner Spence -Jones: I just put mine on. Ms. Thompson: Ms. Ther -- Manoucheka. Commissioner Spence -Jones: Manoucheka, okay. Ms. Thompson: Yes. Commissioner Spence -Jones: She's the one that was on it before I put back on, correct? Ms. De Souza: She was never coming, attending any meetings. Mr. Vallina: She came -- I think I've seen her at one. Commissioner Spence -Jones: Huh? City of Miami Page 24 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Ms. De Souza: We've seen her at -- Mr. Vallina: We met at the first meeting. Ms. De Souza: -- one meeting since you've appointed her. Mr. Vallina: Since you -- Commissioner Spence -Jones: How many meetings have you had? Ms. De Souza: When did you appoint her? Commissioner Spence -Jones: I don't remember. That's why I'm asking. Mr. Vallina: Hold on. She -- Ms. Thompson: The appointment was made on October 14, 2011. Commissioner Spence -Jones: Okay, so has she been one of the problems? Mr. Vallina: She came to November's meeting -- Commissioner Spence -Jones: Okay. Mr. Vallina: -- andl haven't seen her since then. Commissioner Spence -Jones: Okay, so then -- Ms. Thompson: Commissioners, let me just say something so we're all clear, okay. Commissioner Spence -Jones: Yes. Ms. Thompson: When I get the attendance sheet, okay, and the attendance is turned in, it's for a meeting. Correct me if I'm wrong, City Attorney. If they don't have a quorum -- Vice Chair Sarnoff You don't count it as an absence. Ms. Thompson: -- then they don't have a meeting, and then there wouldn't be an absence. Vice Chair Sarnoff. So it's worse than we think? Mr. Vallina: Well, that's another part if you look at the -- how it's worded. Vice Chair Sarnoff Right. Mr. Vallina: There's two absences, with quorum or without quorum. Vice Chair Sarnoff Okay, so what it comes down to is if they don't even have enough people for a quorum -- Commissioner Spence -Jones: Then it's not counted as a meeting. Vice Chair Sarnoff -- then there's no -- even a meeting happened, so then you're not counted as being absent. So it's a -- really, it's in pretty good shambles. City of Miami Page 25 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Commissioner Spence -Jones: So I will definitely reappoint someone else, you know, to sit on that board so that at least from the District 5 point of it you don't have an issue. Mr. Vallina: Okay, welcome that. Thank you. Commissioner Spence -Jones: Not an issue for me. Vice Chair Sarnoff Yeah. And let me just say something. I don't know if you -- there was a motion and there was a second. And I've said this on the dais before and I know everybody's heard me before say it. I will never bring a board down to four people for a quorum. It just makes for a very meddlesome and it could make for a very -- even though you're advisory. It just -- either your board serves a function and we get functional people on it, or the City makes -- the City Commission makes the decision that we either cannot get people to sit on it and the function's not worth finding somebody to do it. But I think you brought it to our attention, and I'll let -- if they want to have their vote, they can have their vote. I'm not going to support a board having four people being a quorum. Commissioner Spence -Jones: And this is -- let me just be clear 'cause I know in our last discussion -- I was off the dais. In our last discussion, we said we were going to hold off on doing that anyway because I believe you brought it up in the last discussion. Vice Chair Sarnoff In a different board matter, yeah. I think it was the CR -- Commissioner Spence -Jones: I don't remember what it was, but I know we didn't take it up. Vice Chair Sarnoff Right. Commissioner Spence -Jones: So this is the same situation. Vice Chair Sarnoff Right. Commissioner Carollo: Yeah. Commissioner Spence -Jones: So can we fix the problem the same way we tried to fix the other one, as if there's -- if there are board appointees that are not showing up, let's just replace those people? Vice Chair Sarnoff I know I'm going to replace mine because I think mine is -- I've been told is part of the problem. I will replace mine. Commissioner Spence -Jones: I'm going to replace mine too. So can we -- Mr. Vallina: And I think a good line of communication -- Commissioner Spence -Jones: -- give that a shot? Mr. Vallina: -- is probably all we need. Commissioner Spence -Jones: Instead of reducing it down to four, can we give that a shot first? Mr. Vallina: Yes. We'd like to be able to meet -- Vice Chair Sarnoff No. I -- Mr. Vallina: -- so that we can get to stuff that we need to do so. City of Miami Page 26 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 FR.2 12-00537 Department of Capital Improvements Program Vice Chair Sarnoff. -- will get you somebody -- well, I'd have -- the next Commission meeting, would you put on the -- for my agenda, maybe the others would like it as well -- I'd like to put the Park [sic] Advisory Board person from my -- in other words, bring it back. Ms. Thompson: It's on today's meeting. Vice Chair Sarnoff No. Ms. Thompson: Oh. Vice Chair Sarnoff Next meeting, 'cause I'll have somebody in mind. Ms. Thompson: So we'll handle that when we get to the boards and committees then. Commissioner Spence -Jones: So do we want to like not vote on this item today and just make --? Vice Chair Sarnoff Right. Well, I have a motion and I have a second. That would take a withdrawal of the mover. Commissioner Gort: (UNINTELLIGIBLE) motion to withdraw. Vice Chair Sarnoff You just got to just withdraw your motion. Okay, you got your withdrawal. Just give us 'til next meeting and I think you'll see some -- Commissioner Spence -Jones: We'll correct the problem. Vice Chair Sarnoff -- new blood. Mr. Vallina: Okay. Vice Chair Sarnoff. All right. Mr. Vallina: Fair enough. Vice Chair Sarnoff All right. Mr. Vallina: Thank you very much. Vice Chair Sarnoff Thank you very much. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ ARTICLE I/SECTION 54-9 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/IN GENERAL/PLACING SIGNS ON ANY PORTION OF PUBLIC RIGHT-OF-WAY, STREET OR SIDEWALK SURFACE", MORE PARTICULARLY BY ADDING SECTION (F) TO PROVIDE DEFINITIONS OF BICYCLE SHARING AND RENTAL PROGRAM AND RELATED TERMS; TO PERMIT THE PLACEMENT OF SIGNS OR ADVERTISING ON CITY OF MIAMI BICYCLE SHARING PROGRAM FACILITIES LOCATED WITHIN THE RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 27 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 12-00537 Summary Form.pdf 12-00537 Legislation.pdf 12-00537-PowerPoint Presentation.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones Vice Chair Sarnoff FR.2. Albert Sosa: Albert Sosa, director of Capital Improvements. FR.2 is a proposed amendment to Chapter 54 of an ordinance amending Chapter 54 of the City Code, specifically as it relates to placing signs in the public right-of-way in support of a City initiative for bicycle sharing. This item is not the actual contract with who we're contracting with for bicycle sharing. That'll be considered by this Commission at a later date. This amendment is necessary in order to allow advertising within the right-of-way as part of that program. The language as written is very specific as it relates to the constraints that are placed on it. It's specific to needing to be advertisement as it relates to a City -sponsored bicycle program only. And between first and second reading, I will be making a couple of adjustments based on some of the feedback I've received, the first of which is to add a -- an explicit statement within the doc -- within the ordinance that will explicitly state that all contracts that the City issues for this type of service will contain a provision for a revenue share accruing to the City, so it will explicitly state that. The actual contract, when we consider it, will have the specifics as to percentages, breakouts, et cetera, but the ordinance will explicitly contain that language. In addition, between first and second reading, we will be placing an additional -- additional language restricting -- adding another category for the signage. Right now we only have one sign size category. While we want to maintain that for the advertising panels themselves, on the actual payment kiosk for the bike sharing programs, we want to limit the size of those. So we will be introducing language that when the advertisement goes on the bicycle kiosk, it will be a smaller size. So those two changes would be contemplated between first and second reading. This ordinance is required to make bicycle sharing programs viable. If you look at bicycle sharing programs throughout the country -- and there are several -- they rely on the cities or municipality or the local government for that area to subsidize the program. Those subsidies can range -- excuse me, we've seen programs that the subsidy ranges all the way up to $4, 000 per bicycle by the time you breakout all the costs. So this -- our program is intended to be actually revenue generating for the City but -- and to be self-sustaining. But in order to do that for the bike sharing models to work, the revenue models require the use of advertising. Thank you. Vice Chair Sarnoff All right. Is there a motion? And then we'll open up a public hearing. Commissioner Gort: Move it. Vice Chair Sarnoff Motion by Commissioner Gort. Commissioner Carollo: Second for discussion. Commissioner Gort: For discussion. Commissioner Spence -Jones: Second for discussion. Vice Chair Sarnoff Second by Commissioner Carollo. Before we have discussion, let's hear the public hearing. Anybody from the public wishing to be heard on FR.2, FR.2, please step up. Hearing none, seeing none, coming back to the Commissioner -- Commission. Commissioner Gort -- Commissioner Carollo, I apologize, you're recognized. City of Miami Page 28 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Commissioner Carollo: Thank you, Mr. Chairman. And I understand it's first reading so, you know, we get another chance to discuss it and make sure that any issues that we may have could be addressed. There's actually two things that I want to mention with regards to this, at least for this meeting. One is that I want to make sure that everybody knows exactly what type of advertisement this would be, what's our intention because in -- Commissioner Gort: And the fees. Commissioner Carollo: -- the past there has been a lot of misinformation with regards to advertisement in public right-of-ways [sic]. And that's why when we had our briefing, the first thing that I asked for was pictures. I wanted to make sure that there was pictures. The second part -- and it actually relates to my first part -- is I want to make sure that it's specifically stated in here somehow that this type of advertisement will only be for this bike sharing program in our public right-of-ways [sic]. So I've read it. I'm comfortable, but I want to make sure -- from our City Attorney, I want to make sure that due to the fact that we have had a lot of misinformation in the past with signage in public right-of-ways [sic], I want to make sure that it's just for this, and the intentions is to make as much as possible this a self-sustaining initiative. Mr. Sosa: If I may respond to that. One of the edits I intend to make between first and second reading -- and I apologize for not relating that earlier. Currently it reads that the placement of advertisement or displays on City of Miami bicycle sharing facilities located within the public right-of-way or on bicycles -- and then it goes on to say, or similar transportation programs. I'm going to strike the language of -- Commissioner Carollo: Okay. Mr. Sosa: -- Jrlsimilar transportation programs "so that this will be clearly exclusively for the City's bicycle share program. Commissioner Carollo: And that's exactly what I was getting at, Mr. Sosa. So, yes, you've caught exactly what I was getting at. The other thing is, I would like for the public to actually see the pictures that were provided to me. And I'm seeing it in my screen, but I don't think it's being shown to the public, and I want to make sure that it's part of the record of this agenda. Thank you. Vice Chair Sarnoff Commissioner Gort. I'm sorry, Commissioner Spence -Jones. Commissioner Spence -Jones: No, that's okay. I'll yield. Commissioner Gort: I'll yield to the lady. Commissioner Spence -Jones: No, I'll yield. Go ahead. Commissioner Gort: No, go ahead. Commissioner Spence -Jones: All right. The only two things I had -- you're already going to make the adjustments before the next meeting regarding the revenue share. That's -- you know, that's always going to be my mantra. Just one of the things I wanted to just be clear on. The agenda item summary form -- Do you have a copy of it? Mr. Sosa: I do, yes. Commissioner Spence -Jones: I just want to make sure thatl understand, you know, what we're putting on these forms. So the City seeks to establish a bike share program that provides revenue to the City. Can you --? I just want to be clear. When it says budget impact analysis, is this City of Miami Page 29 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 item related to revenue, and you put no. I just wanted to -- you meant no meaning like -- Does that represent --? Mr. Sosa: The ordinance itself does not have a budgetary impact. When the contract comes before the -- the contract will come before the Commission probably second meeting in July, perhaps, even in September. That -- at that point, then the form will say, yes, it has a budgetary impact. And at that point, Danny would have -- I'm sorry, Mr. Alonzo [sic] -- Commissioner Spence -Jones: So just so that -- Mr. Sosa: -- would sign the form. Commissioner Spence -Jones: -- I'm clear, the only time that that would -- this actually makes any sense, this particular item, the way that this is outlined, is when there's an actual contract? Mr. Sosa: Correct. Commissioner Spence -Jones: So any time I see this form again in relationship to an item that we're voting that's not a contract, it will always say no there? Mr. Sosa: I have to defer to the Budget director. Commissioner Spence -Jones: I just want to be clear. Daniel Alfonso: Danny Alfonso, Budget director, City of Miami. Correct. The reason why this was no is because this is just changing the code itself. Commissioner Spence -Jones: Right. Mr. Alfonso: There is no fiscal impact to that. Like he said, when there is a contract that actually has revenues or expenses allocated to it, then we say, yes, there's a fiscal impact. Commissioner Spence -Jones: Okay. Okay, no problem. Julie O. Bru (City Attorney): If I may, just for the record, too, just to be clear, the motivation for this ordinance and for this program is not so much revenue as it is to make sure that we have a healthier population, there's less cars on the road, less pollution. The fact that we may participate and have a revenue share is just kind of incidental. But the motivation here is to get cars off the road and to have a healthier population. That's why we're waiving our otherwise ban on advertising and -- throughout the City. Vice Chair Sarnoff Good policy statement. Commissioner Gort. Commissioner Gort: Two questions. One of them, I want to make sure this does not affect the mural ordinance that we have of the -- the other ordinance that we have that you done -- Commissioner Sarnoff has done such a great job on it. I want to make sure it doesn't get affected. My understanding is it's only going to be add at the place where the people rent the bicycle. Mr. Sosa: That's correct. Commissioner Gort: Okay. The second question is, the experience in other municipalities, in other places, who usually uses these bicycles? Mr. Sosa: Okay. We have a variety of data and it varies, frankly, by location. So, for example -- City of Miami Page 30 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 and this is anecdotally speaking. It's not -- anecdotally speaking, Miami Beach, for example, that has a similar program, they find that most of their users are actually walk-up type customers; your tourists that came in, found out about it. Hey, this is a great idea. I walk up and I use it for a day. In some of the other locations which are not as tourist driven, you find that you have a higher proportion of you know, monthly memberships or yearly memberships for the use of these types of facilities. But the numbers aren't -- I would have difficulty providing you hard numbers to show that. It's more anecdotally when we go to -- when we talk to people that are administering these programs in other cities how they relate that information to us. As an example, Washington, D.C., over 3 percent of their actual residents -- and this is residents of the city -- have a monthly membership for their program. Compare that to Minneapolis and it's .26 percent. I guess Minneapolis, it snows a lot and they don't ride bikes a lot in the winter. So, you know, it's just different markets provide different data. Miami Beach has a very healthy -- almost 4 percent of their residents have memberships. But they find that most of their customers are still that walk-up, day-to-day rider. You have -- for example, on Miami Beach, they've had 339,000 -- and this is for the year -- for a year's time -- what they call casual rentals, people that just walk up and rent a bicycle without having a membership or something of that nature. You compare that to San Antonio, and that number's only 2,800. So it really depends on how tourist -driven you are and the specific market that you're at and how you market, how you brand it. Commissioner Gort: That's why I ask -- are we going to have several facilities throughout the city? Mr. Sosa: Yes. It'll be up -- it's between -- while we're still negotiating specific terms of the contract, it is several dozen -- it's in the 40 to 50 range. They're concentrated -- it's based on the density of the residences. So in order for it to work, you're really looking at areas that are downtown, potentially Midtown, down here in Coconut Grove, for example, where you have that sort of density. Once you get out into what I'll call the more suburban areas, you don't have the density -- Commissioner Gort: Right. Mr. Sosa: -- required to support this kind of program. Commissioner Gort: Okay, 'cause that makes sense. That's where it should be. Okay, thank you. Vice Chair Sarnoff Go ahead. Commissioner Carollo: I'm sorry, Mr. Chairman. Is it possible for you and I to meet and I get a briefing with regards to density and what's the definition of density as it pertains to this ordinance and, you know, get more of a briefing on it? Mr. Sosa: As it relates to the ordinance -- I think it will be more appropriate during the contract discussion to have that discussion. Commissioner Carollo: Right, but right now -- and this is something that, you know, it's been mentioned up here quite a bit, and I remember Commissioner Gort mentioning it. And sometimes when an RFP (Request for Proposals) comes to us or a contract comes to us, it's too late for any changes or any of our input. So I definitely do not want to hinder anything, but I would like to see what's the rationale on some of these locations -- Mr. Sosa: Absolutely. Commissioner Carollo: -- and so forth because, you know, I've heard some of the locations. I have not heard, you know, a location that is visited by tourists quite a bit and it's internationally City of Miami Page 31 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 known, and that's Southwest 8th Street in the Little Havana area. So since I didn't hear that -- and I could tell you that that area is very highly densely populated, and if not, look at my district. It's a little -- it's like a little circle in the middle of the city, yet all the other districts -- and you look at geographical areas -- are much larger. So I think that's pretty dense. So you know, I just want to have a discussion and -- Mr. Sosa: Absolutely. And I think the right forum for that will be during the contract discussions. Like I said, we haven't finalized with them the contract terms, the locations, et cetera. So I'd be glad to. It's just, as it relates to the ordinance, I wouldn't be prepared to have that discussion, I guess. Commissioner Carollo: Okay. Commissioner Gort: Mr. Chairman. Vice Chair Sarnoff You're recognized. Commissioner Gort: If you recall, I think at the last meeting we requested it before an RFP goes out that we get a copy and we get a look at it. Commissioner Carollo: And Commissioner Gort -- and that's exactly why I mentioned you because you're right. And I'll go a step further. I actually mentioned it again after we had that discussion with regards to the Grove properties here, the Chart House and so forth, that the RFP actually went out. I haven't seen any of it. I don't know what's out there. And I asked has there -- an analysis been made, financial analysis? Why are we combining two properties instead of doing it separately and stuff like that. So, yeah, I didn't want to get into that full discussion but -- exactly, this Commission has said it quite a bit. And as a matter of fact, I see now before any type of contract, I would like to at least be able to, you know, see what you're considering because, again, as far as density, you know, and tourists, I mean, I'll tell you, Southwest 8th Street is internationally known. So, again, I don't want to hinder anything. I don't want to uphold [sic] the process, nor do I want to put any obstacles whatsoever. I just want to make sure that I'm well informed of how the Administration is going forward with the contract. Commissioner Gort: Mr. Chairman. While you're having your discussion, make sure -- because we passed an ordinance that bicycles allowed on the sidewalks on 8th Street, so check on that too. Commissioner Carollo: Definitely. And you know that's an issue, yes. Vice Chair Sarnoff Commissioner. Commissioner Spence -Jones: I just want -- my discussion is really not about this; just piggybacking off of Commissioner Carollo. I do remember when we talked about the property owner, waterfront, Chart House, and I can't remember the other one, the property -- Scotty's. Commissioner Carollo: Yes. Commissioner Spence -Jones: I do know that, one, I haven't -- this is really not directed towards you. I guess it's really directed towards the Manager. I know that we mentioned it in a Commission meeting a couple meetings ago about being able to have input in that. Even though the RFP's out, we still can make the adjustments on it. I haven't had anyone -- unless they've talked -- spoke to my chief of staff -- get back with us on making those -- Johnny Martinez (City Manager): Right now the RFP is out and it's under the cone of silence. And they're being -- you know, we just assigned a grading team to the -- City of Miami Page 32 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Commissioner Spence -Jones: Right, but I thought that even in that discussion, I asked -- I knew that the RFP was out, but I asked the question if there are things that we wanted to add within the RFP, that you can also update the RFP. Mr. Martinez: We could have made addendums to the RFP. Commissioner Spence -Jones: We could have or we can? Mr. Martinez: Proposals are due tomorrow. Commissioner Spence -Jones: Guys, I mean, no one has gotten back with me. My things are always going to be the same thing, jobs and small businesses. So I know that I mentioned this a few Commission meetings back. So how do we resolve that, Mr. Manager? How do we resolve that, Julie? Ms. Bru: This RFP was issued with, I think, the -- a pretty much final lease attached to it. So the terms and conditions of this transaction have pretty much been already outlined. There is flexibility, though, pri -- once the proposer who is successful is selected and the Manager makes a recommendation to the Commission to actually enter into this transaction, there is a bit of flexibility for things that are not the material aspects of the RFP. You can't change the material aspects like the footprint of the leasehold area or, you know, the term of the lease, the character of the development. But there could be room -- there is flexibility to negotiate, you know, some of those -- Commissioner Spence -Jones: The jobs and that kind of stuff Mr. Martinez: Yes. Ms. Bru: -- incidental matters that would be, you know, related to the landlord -tenant relationship. Commissioner Spence -Jones: Okay. And the only reason why I'm mentioning is -- and I'm just hoping that we come up with a better system because, as a Commissioner -- and I'm sure my other fellow Commissioners up here, you know, probably feel the same way -- it's like when we make a recommendation on the dais, you know, we -- at least I expect for someone to get back -- I got a million and one things I'm thinking about, you know. And when we make recommendations and then no one really follows back up on the recommendations from the dais, it just feels like, you know, we're just talking to be talking, you know. So it's -- we have to come up with a better system. You know, if we make a recommendation, you know, about something like this that I think is truly important -- and the only reason why it has come up is that Commissioner Carollo's talking about something else and trying to prevent it from happening again, and we just did what he said was the problem. We're creating the same situation over again. How do we resolve --? And I don't know if that's going to come out of this meeting right here, but how do we resolve when we make a recommendation on the record about having something happen, you know, and it not be followed up four weeks later? Commissioner Gort: Let me tell you, what I requested, I requested any time we make a recommendation here, the next meeting they should come back with some kind of action, what are they doing about it. 'Cause I think a lot of times what happens is there's so many things going on that we make a recommendation and somehow it goes into the file cabinet and it stays there. Commissioner Spence -Jones: And it's really -- and I'm not coming down on the Administration 'cause I know if we got a lot going on, you guys got 10 times the amount of things going on. But City of Miami Page 33 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 I mean, we got to be able to figure it out because -- and maybe Commissioner Gort's recommendation is the best recommendation. Maybe policy needs to be if we bring something up on the dais, the next following City Commission meeting, you're at least -- the Manager has an update on what our requests are. But we got to come up with a system because it's not fair to the people that, you know, went through the whole process of the RFP and then they get in front of us and then we go off because the things that we asked for were not in there and it's really not their fault, you know. So I just want to -- we have to come up with a resolution to address it. So the things that I'd like to see added in there -- Madam City Attorney, the only way I can add those in is by just waiting for the R -- for the person to be -- I mean -- Mr. Martinez: As the person is selected, we'll nego -- as we're negotiating with that entity, we can interject things that wouldn't have changed the outcome of the proposal, and we'll schedule a meeting to, you know, go over the -- Commissioner Spence -Jones: Okay. I mean, am I insane or am I --? Commissioner Carollo: Commissioner, you know, what I mentioned and you followed up on is something that I've been, you know, striving for since I first got here to the Commission. And I'm just, you know, I guess being very diplomatic and saying, hey, we've mentioned this before. And I guess I'm even looking at a different approach and actually just saying, Mr. Sosa, would you meet with me so we could go over this prior to the contract being signed. 'Cause then what happens is not only is it unfair to the people that are proposing, quite honestly, I think it's unfair to us because many times, you know -- and that occurred, realistically, not too long ago where the answer from the Administration was, hey, listen, it's really not fair to the proposer that has been at this for, you know, 10 years or whatever time. So it's just not fair to any of us, and I'll go a step further. Financially, you know, I think we, you know, need better practices because we have a long history of bad financial decisions. And I clearly see why there's been a long history of bad financial decisions. And when I stated it before, I know it was a few Commission meetings ago, you know, again, very diplomatically, what I'm striving for -- what I'm striving now is for us to move forward in the right direction. And I think the questions that I had were -- I'll be honest with you, any businessmen -- any prudent businessmen that would be looking at making a decision of this magnitude of leases for these numbers of years would be asking, you know. And all I ask, you know, very diplomatically, with regards to the Grove properties, the Grove Bay properties, Scotty's, Chart House, the marina, was very simple financial questions, and I asked did our financial team do the analysis prior to it coming to us, and then I'm asking these questions, there's a baffled look in everyone's faces, and I'll get the phone calls from various very prominent accountants, financial experts and tell me, Commissioner, what the heck's going over there? What the heck's going on? And me answer, you're preaching to the choir. I know. You know, so in a very diplomatic way, I'm just trying to move in the right direction so we don't continue to be in the media with bad financial decisions. Commissioner Spence -Jones: Mr. Chairman. Commissioner Gort: Mr. Manager -- Chairman. Commissioner Spence -Jones: No, I'll yield to you. Vice Chair Sarnoff. Let's go to Commissioner Gort, then we'll finish with Spence [sic]. Commissioner Gort: Let -- I think I said this many a times. I feel very proud of this Commission. I think this Commission wants to do the right thing not for our term or not for reelection, but for the survival of the City for the future. The Administration inherit a lot of things, so I understand you guys are working very hard. Next Commission meeting, I'm going to present the document that I promised to you all. By working with the Administration, working as team, thinking outside of the box, we've been able to accomplish a lot of things and we need to continue those City of Miami Page 34 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 things. So that's why it's important that we do this today. When we come up with suggestions that might be good, that might not be real good, so -- but at least we're thinking outside of the box, and we want to work with you all, and we want to work as a team, and the City's got to work as a team and everybody's got to talk to everybody. And this is what we're trying to accomplish. Vice Chair Sarnoff. Commissioner Spence [sic]. Commissioner Spence -Jones: I just want to say this. I don't know how we got off on the Grove thing, but I guess we got off on it to not make the same mistakes over again. And again, this is not -- Commissioner Gort just said, you know -- and it is true. A lot of times the City Administration is inheriting things, and they have to figure out a way to deal with them. But this particular situation on the Grove side of it and even on the bicycle side of it -- bike side of it, you know, if we're not careful, then the Administration after this will be inheriting something that this Administration is creating. So, you know, I just -- I would definitely like, you know, today to have a full understanding and briefing from, you know, the department that's responsible for the RFP, and I'm assuming that's Henry. I don't know where Henry is. Is it Henry? All right. And the question about -- I know that Commissioner Carollo mentioned four weeks ago about the analysis, was a financial analysis done on this. I think, one, you should at least address that so that that clears up that question. Henry Torre (Director, Public Facilities): Absolutely. Commissioner Spence -Jones: And again, my focus, Mr. Manager, is always about jobs and small businesses to make sure they have an opportunity to participate. I would hate to see some sort of grading go into, you know, selecting these RFPs and not have, you know, this be somewhat a part of it. I mean, because if you're not thinking about the residents, the business owners and small business owners and community folks have an opportunity to work, and if that's not one of the criterias [sic], you know, to me, you know, what we represent and what we do up here, you know, why are we here? Mr. Torre: Of course. Good morning. Henry Torre, director of Public Facilities. In regards to the analysis, it is in process. We should be completed with it in the next couple of days. Once it is completed, we will review it with our Finance Department. When we are ready to submit our recommendation for the RFP, you will have that information, as well as the packages for the proposer. So you will be able -- you will have the time to make that analysis. Commissioner Carollo: Mr. Chairman. Vice Chair Sarnoff. Yes. Commissioner Carollo: And I'm just thinking whether I just -- should just quit and, you know, we'll discuss it -- we'll have a meeting -- but I do want to mention, is it possible that the analysis may not coincide with the RFP? In other words, it is my understanding -- I don't know; I have not seen them, I have not read it, but it's my understanding that one of the RFPs is for two parcels put together. In other words, the marina and a restaurant. Mr. Torre: Correct. Commissioner Carollo: Okay. Is it possible that the analysis -- and I'm not even going to get into the source of the analysis, who's actually doing the analysis, their experience, their knowledge, their financial background, all that. But is it possible that the analysis stipulates, you know what, yes, we will actually make -- we will actually generate more revenues for the City coffers if instead of it being an RFP for one property, being the marina and the restaurant, it will actually generate more revenues to break it up in half, a marina and then a separate RFP for a restaurant. And not only that, the marina parcel, with regards to the City, the City has run many City of Miami Page 35 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 marinas. Is it possible that --? And as a matter of fact, you know, a lot of this stuff has been spoken about before. It's just it doesn't follow up. I remember clearly, you know, and it was, you know, Chairman Sarnoff, that, you know, he had, I guess, a parting question for our former City Manager, and it was, is there any recommendations that you could give us with regards to moving forward and generating revenue. And Chairman Sarnoff, you remember what his recommendation was. And he really believed that we would generate a lot more money if the City ran its own marinas instead of you know, RFPing it out. He said that we would probably -- and I don't want to quote him -- we could generate 75 percent of the money as opposed to 25 percent if we have an RFP and let someone else run it. Now I don't know if that's low or not, and maybe his numbers are off. But the bottom line is, in order for me to make a prudent, educated financial decision -- shoot, this is the City of Miami. We're one of the largest cities -- well-known city in the United States and internationally. How can the Administration allow us to make decisions when we don't have the proper tools, the proper financial analysis? You know -- Mr. Torre: Commissioner -- Commissioner Carollo: -- so, again -- Mr. Torre: -- I under -- Commissioner Carollo: -- and I'm going to stop, you know, 'cause realistically, my intention is really for us to move forward in a positive manner and to correct prior mistakes or -- you understand? That's my intent. But I think you could also tell that I'm somewhat frustrated, you know, also being a certified public accountant and seeing this and -- you know, it's very frustrating. Mr. Torre: No, I understand. Commissioner, to answer your question, the analysis is taking into consideration the marina component on its own based on historical information that we have on the performance of the property and other properties we have as well. So it will be separated from the marina and the restaurant, a separate component in which we will give you information on what market rent would be for that. So you will have complete detail on that. And this is -- has been something that we have been working on. Commissioner Carollo: Thank you. Mr. Torre: You're welcome. Commissioner Spence -Jones: Mr. Chairman. Vice Chair Sarnoff. Commissioner Gort. Commissioner Spence -Jones: Go ahead. Commissioner Gort: My understanding is people have the option to answer all of it -- Vice Chair Sarnoff Right. Commissioner Gort: -- or people have the option to answer individually. That takes place, you would analyze what would bring the most revenues to the City. Am I correct? That's the way I interpret the RFP. Mr. Torre: For the RFP for Grove Key Marina and the outdoor restaurant, they can't -- it's not one or the other. They have to bid that together. Commissioner Gort: They have to bid those together. City of Miami Page 36 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Mr. Torre: Yes. And there are minimum thresholds in regards to rent and gross rent -- gross sales. Commissioner Gort: Let me tell you why I would like to see it before, 'cause the only option that we have after people spend six month, three month, four month answer an RFP, if there's something that we don't like about the RFP, the only option that we have is throw it away. Commissioner Spence -Jones: Throw it out. Commissioner Carollo: Yep. Commissioner Gort: Throw it out. Commissioner Carollo: By the way -- Commissioner Gort: And that's embarrassing for us and for the proponent. Commissioner Carollo: Commissioner Gort, and by the way, I remember now the discussion where we stated that, and it was with regards to the trolleys, where the union president came forward and he actually had a very good -- not idea, but a very good proposal. He said, listen, with regards to the maintenance of the trolley, why are we outsourcing that when we can do the maintenance for the first five years. All it is is an oil change. And this Commission thought, you know, it really makes sense. And when we asked, we said, can we break up the RFP? And the answer was no. The -- whoever operates it now has to do the maintenance where I guess prior to this RFP going out, maybe we could have done some of those adjustments. Mr. Sosa: If I may respond to that specifically to the trolley -- Vice Chair Sarnoff State your name for the record. Mr. Sosa: Albert Sosa, director of Capital Improvements. Specific to the trolley RFP, that RFP was consid -- and it may be before your time, but that RFP was specifically considered by this Commission. It was specifically -- and initially the original results were rejected by this Commission and the -- not this Commission, but a Commission. And the Commission had specific requirements for the RFP that were then put out on the street, so the result of that RFP when it came back before us for selection had gotten input from the Commission, albeit perhaps predating your tenure. That I'm not sure about. So in that specific instance, I think that there was feedback. But the end result, you are correct. It would have not been possible for us to break it up at that point. That is correct. Commissioner Spence -Jones: Mr. Chairman, I just want to -- and then we're going -- I guess we're going to get out of the Grove in a minute, but I just want to be clear 'cause I just made a statement, and I don't know if that's really an Alison question -- an Alice question. So the -- so that I understand it procedurally, the RFPs come in, they're graded, they're selected, and then they come back in front of us, right -- then they come in front of us. So when I just mentioned about the criteria -- or not criteria, the items that I wanted to make sure were in there and that is, you know, local participation, small business, you know, job portion of it -- 'cause I remember in our meeting, if I'm not mistaken, I asked that question and you guys said, no, that's not in there now. Mr. Torre: Well, there -- the grading system is percentages by each particular item, revenue to the City, some other components. Local participation is a component of the grading system already. City of Miami Page 37 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Commissioner Spence -Jones: But the jobs -- I know you mentioned that, but you mentioned -- Mr. Torre: The jobs are not specified as far as percentages -- Commissioner Spence -Jones: And then the small -- and the small businesses portion in there too. Is that in there? Mr. Torre: As far -- it's included in the local participation. Commissioner Spence -Jones: Okay. So I just want to make sure that -- so the local job portion of it, you're saying that when it comes in, we can add that in -- so you won't add it in. It's that you'll select it based upon the criteria and then say to them they got to add these jobs? And if they don't want to do it, then what happens? Nothing. Commissioner Gort: We have the right to refuse it or reject it. Commissioner Spence -Jones: And then I remember -- just so I'm clear, Madam City Attorney, one of the reasons why we were rushing and rushing this as well is because this still -- does this still have to go in front of -- 'cause I know that was a part of the rush rush stuff. Ms. Bru: This is a referendum. This would be a -- it would require approval through referendum. Commissioner Spence -Jones: Right, and that means we were trying to bring it in front of the voters when? Ms. Bru: November 6 -- Commissioner Spence -Jones: Okay. Ms. Bru: -- which means that you have to have acted on it by July 12, you know, conceivably, July 24, is it? Commissioner Spence -Jones: So technically, our backs are -- just so that not only us sitting up here, just a reminder, a refresher for all of us sitting up here and the people watching, you know. Part of the rush, rush, rush and the haste on this is that if we don't make a decision or we decide to reject this, we're talking about having a problem, you know -- having a situation that will go beyond November because there's not another election until next year. Ms. Bru: Unless you have a special election. Commissioner Spence -Jones: Unless you have -- Ms. Bru: Which is costly. Commissioner Spence -Jones: Which we can't afford to do. Ms. Bru: It's costly. Commissioner Spence -Jones: So that -- Commissioner Carollo, that is another wrinkle in this -- in the sheet. So I'm just saying, just so that -- as a refresher, I think part of what the Administration's issue and concern was and just reflecting back on it is that there -- that's the reason for the push, push, push. And maybe along the way, some of the key things that needed to be discussed with us did not happen, correct? Because I remember in the last meeting we discussed this, Alice. You did say, well, yes, we did speak to the Commissioners about it, but you City of Miami Page 38 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 didn't speak to all of us. You did speak to the district Commissioner on it. Alice Bravo (Assistant City Manager/Chief of Infrastructure): In preparing the RFP, we had every intention of -- Commissioner Spence -Jones: Yeah. Ms. Bravo: -- sitting down and going over the RFP with every Commissioner. With the Commissioner of the district, we had some discussions, but also at the point that it was brought to our attention that this had to be approved through a public referendum, the timeline was such that we could just make it -- Commissioner Spence -Jones: It was so tight. Ms. Bravo: -- for the November deadline. So that's why we said if you have any comments on the RFP, let us know and we'll address them through addendum -- Commissioner Spence -Jones: I got you. I got you. Ms. Bravo: -- and we'll get together and discuss -- Vice Chair Sarnoff. Well, you know what, let's air some things, as long as we're airing some things. For two years, I asked this Administration to see the RFP. That's right, I said two years. And the Administration, through reasons I could never understand, could never get around to drafting the RFP. And we would say to them, you're going to lose the lease at this date, you're this far away, and they're like, we're working on it, we're working on it. We didn't see this RFP for -- what, four months ago we saw it maybe? And then they suddenly learned that in order for them to get it on the ballot, that they had to really hit the accelerator pedal. Now that may come from this Administration being a little bit new. It may be, you know, with Johnny being a little bit new, Alice, I think, being thrust into -- I think she's -- I think she should be called the firewoman of the -- Commissioner Spence -Jones: I know. Vice Chair Sarnoff -- City of Miami because she puts out every fire there is. Commissioner Spence -Jones: With a smile, you have to say that. Vice Chair Sarnoff No, with a smile, with a smile. So she's really pretty good at putting out fires. But it wasn't -- and I'm not saying it's a poorly thought out RFP. But I think what I'm -- I'm hearing a bunch of different things, so why don't we do this, 'cause I don't think -- I'm going to speak hypothetically. I'm not speaking about this RFP, Madam City Attorney. I'm speaking hypothetically. I think an analysis is what Commissioner Carollo is asking for, which is could the City of Miami run the marina and what would it -- what would the outcome be of running that marina if all things were equal? All things being equal meaning that the City of Miami would find 5, 10 million dollars to put into a new marina, bring it up to 2013 standards, et cetera, et cetera. Then you would then tell us how you would find the X'ilollars, whether it was 5, 10, 15, whatever it is. And then you could then say return on our investment would be this. Of course, it'd be less the payment for the -- I would assume we'd be borrowing the money. So you got to do an apples -to -apples analysis, but think he's entitled to that analysis. Same thing on the other side with regard to the Chart House. You know, Commissioners, we've never operated a restaurant, but if we did -- and all things being equal, we'd ask this operator to put $5 million into this building and we would borrow that money at XI -ate. We'd pay it off at XL- you know, amortize it over X'time, maybe the life of the suggested lease. And I think he's entitled to see that analysis as well. And really, what more can you say other than that's the Grove issue. That's the City of Miami Page 39 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Grove Key issue. And with that being said, I'm going to get back to bikes, if you don't mind. Commissioner Spence -Jones: Okay, so -- Commissioner Carollo: Mr. Chairman, just a couple things. Vice Chair Sarnoff Yes. Commissioner Carollo: Couple things. First of all, I want to mention with regards to the timeline, I understand this is a strict timeline. Now as far as the leases, I don't know for how many years there are. I would assume it's much more than 5, 10, 15 years. So listen, I just don't do as I say; I do as I do. I mean, there's been many times -- and I'll give you a perfect example. Even right now, the baby changing station. I was going to have a press conference 'cause I was going to donate the money for Father's Day to the City of Miami. Yet, just because certain things weren't correct, this and that, I wasn't going to push it and rush the issue. But you know, I said -- and I spoke to the Manager about it -- you know what, let's wait 'til after Father's Day and then we'll do the press conference and we'll donate the money to the City of Miami and we'll do the baby changing stations. So -- and you'll see there's a long history of many items that I have that I say, you know what, let's -- I'll wait. Because my -- one of my issues is, this rush rush, okay, for let's say, a year -- let's say an election is for next year. I don't want it to cost for the next 15, 20, 30, 40, 50 years to the City of Miami. So some of this -- and I'm not saying all the time. And I'm not saying that I can't work around the clock and push something as long as it's done right. But I just hate that because we're in a short time frame, this is going to cost us for the next X'humber of years. With regards to what Commissioner Sarnoff said, yeah, I don't mind those analysis, but I want to get back to some of the things I also mentioned. In other words, you know, as far as not necessarily us operating a restaurant, but instead of someone operating a marina and restaurant that may have knowledge in marina or knowledge in restaurant and not the other, wouldn't it have been better to break it up, you know? Now we have knowledge in operating marinas. That is a fair comparison. I want to see, you know, what's our history, how we would operate a marina. What's the possible revenues that we would generate, as opposed to someone else. Now the last thing I want to say -- and this is going to be something probably out in left field for most people -- and yes, it's coming from a financial person. It's coming from a CPA (Certified Public Accountant). It's coming frorn someone business oriented, so I could see that it may come out in left field. Let me ask -- do we have our financial people here? I have a simple question. How much bonding have we done in the last, let's say, five years? How many hundreds of millions of dollars have we bonded out? Is it fair to say hundreds of million [sic]? Vice Chair Sarnoff. Well, you just did the Marlins at six -- no. Commissioner Gort: Sixty-eight. Vice Chair Sarnoff. -- sixty-eight million. Before that, you did street bonds at 30 million. So you've done a little over a hundred million. Commissioner Carollo: Okay. I'm going to say something that's out in left field, you know. Is it possible for us to do a bonding in order to generate revenues for the City of Miami and look at it as a business type of deal or type of bond? Is that possible, where we actually put into infrastructure that's going to actually generate monies for the City of Miami and the City coffers and the general fund? Commissioner Gort: Talking about a revenue bond. Commissioner Carollo: You know, I mean -- Stephen Petty (Director, Finance): Revenue bond yes. City of Miami Page 40 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Commissioner Carollo: -- isn't that possible? Mr. Petty: It is possible. Commissioner Spence -Jones: Name on -- just put your name on the record. Mr. Petty: My name is Steve Petty, director of Finance. Yes, that is possible. Commissioner Carollo: You know, so that's something that I never hear of you know. And believe me, I've gone through that list of what we've used those bond monies for. I've gone over it quite a bit. And again, I know it's going to be out in left field for a lot of people and it's coming from a businessperson, a CPA, but can't some of those bonds or future bonds be used with the sight of actually generating revenues for the City coffers? Mr. Petty: Yes. Priscilla A. Thompson (City Clerk): Chair, I'm sorry. Commissioner Carollo: Okay. Ms. Thompson: We're having difficulty picking up, so I need Mr. Petty to come to the mike. Commissioner Spence -Jones: Or just pull the mike down. Ms. Thompson: Thank you. Mr. Petty: The answer is yes. Commissioner Carollo: And that's it, you know. I think we need to go back to the bike issue and Vice Chair Sarnoff Let's go back to bike, but Mr. Manager, I think you should -- coinciding with your briefings for the RFP, you need to do an analysis of how we would do it ourselves, okay, where you procure the money from, where you get it, how you'd pay it back, so that we can see what it would be like for us to operate this -- And by the way, also we've operated a couple of marinas successfully. We've also operated a couple of marinas extremely unsuccessfully such that the FBI (Federal Bureau of Investigations) was all over us. So let's get our history of how well we've done things in the past. You know, there -- remember that famous gasoline being sold out of our marina? Nobody remembers that? Commissioner Carollo: I do. Vice Chair Sarnoff Yeah. I mean, we don't have -- we have a mixed history. And if you tell me -- or you could tell Commissioner Carollo, you know what, I'm going to get this right as Manager because I'm a tough City Manager so disregard the previous history of us doing bad things. We do extremely well at, for instance, you know, Bayside. You know, that's a marina we operate. We have -- Am I wrong on that? We don't operate Bayside? Mr. Petty: Yes. Yes, we do. Vice Chair Sarnoff Yeah, I thought we did. And I thought that was one of our successful marinas. But be that as it may, I think you need to do an apples -to -apples comparison, and I think you're capable of doing that. And I think you should use a -- I'm not saying you have to use a revenue bond, but he's coming up with a source of capital improvement money. City of Miami Page 41 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Mr. Torre: Commissioner, ifI can add. That is exactly what we're doing now. Vice Chair Sarnoff Okay. Mr. Torre: I met with the City Manager two weeks ago. The process has already started, and that's the direction we're going. It's going to include cap -- you know, minimum capital requirements that we would need to invest, returns -- Vice Chair Sarnoff Gotcha. Mr. Torre: -- with history on the property's performance for the last ten years 'cause we do have that information, along with projections -- along with a cross analysis of other marinas, so it's going to be very detailed. Vice Chair Sarnoff Then you know what, we're all on board. We're all going to go. Mr. Torre: Okay. Vice Chair Sarnoff I just ask you to make the appointment with every Commissioner so that everybody gets to see apples to apples what we're -- Mr. Torre: We intend to do that and prior to you looking at the RFP recommendation so you can compare apples to apples. Vice Chair Sarnoff Good. Mr. Torre: Thank you. Vice Chair Sarnoff Commissioner Gort. Commissioner Gort: Just one last thing. Since I got here in January 10 -- 2010, we've been putting out fires, and I understand that, but we need to look forward too because a lot of times, like Commissioner Sarnoff stated this RFP should have been out a long time ago. So we got to look forward what's coming up, what's going to be happening next year, so we have to be open-minded too. I know we putting out fires every day, but we got to do the rest too. Thank you. Commissioner Spence -Jones: Mr. Chairman. Commissioner Gort: Vote. Vice Chair Sarnoff All right. Commissioner Spence -Jones: We could -- we can go ahead and vote on this item, but I do want to put something on the record. Okay, so we're finished with this item? Vice Chair Sarnoff No. I want to talk about bikes for a moment. Commissioner Spence -Jones: Okay, so let me just -- let me -- can I just close out on --? Vice Chair Sarnoff Absolutely. Commissioner Spence -Jones: So just so I'm clear from the Administration, Alice, our office will get with you on the jobs portion of this to make sure that's a part of the negotiation. This is City of Miami Page 42 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 really more or less a policy question that I'd like to ask my fellow colleagues so we're on the same page. And what I'm hearing from Commissioner Carollo is we don't necessarily want the date to drive us as to what kind of business decisions we make. So the question for you guys that I would like to have clarity on -- let's say they go through the process, you know, they select someone, and it may not be the best business deal for us, you know. The analysis comes back. It's -- financially, it's not doing as much as we feel it should be doing for the City for us. Are we open to another -- waiting another year before -- you know, to get the RFP right and not let the date drive us? Vice Chair Sarnoff Yeah. I think you're putting the cart before the horse, which is -- I think every Commissioner has the intention of determining that something that could be a 30- or 50-year lease is not governed by six months of inaction. So I agree with that. Also, I want to put on the record, I'm not only looking at this from -- if something puts $1.2 million in the City coffers -- Commissioner Spence -Jones: Right. Vice Chair Sarnoff -- versus $1.1 million but it's a better fit for the Grove, well, I'm going to make my decision predicated on the waterfront and predicated on the fact that -- I'm not especially proud of the Grove waterfront -- Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff -- never have been. Hopefully, I will never say Bever will be,'but I'm not proud of the fact that for me to go over to Scotty's, I got to walk under a boat. Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff And I don't think it's extremely safe -- Commissioner Spence -Jones: Yes. Vice Chair Sarnoff -- and that's not the waterfront that I want to leave as a legacy behind. Commissioner Spence -Jones: Right. Vice Chair Sarnoff So you know, having said that, I just want to make it clear to my fellow Commissioners, my sole criteria is not is it 1.1 million or 1 million or 900,000 because I think the Grove has waited a very, very long time, and I think through a series of mismanagements and maybe different thinking 30 years ago. I mean, I don't know. People are probably going to laugh at us in 30 years -- Commissioner Spence -Jones: Right. Vice Chair Sarnoff -- thinking these guys weren't thinking outside the box. Commissioner Spence -Jones: Right. Vice Chair Sarnoff I just want to state, my only criteria is not going to be what drives the most money. Commissioner Spence -Jones: Right. And I don't think that that's what -- the point that I was trying to make. The analysis could be a whole bunch of other things -- Vice Chair Sarnoff Right. City of Miami Page 43 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Commissioner Spence -Jones: -- that may not have come -- money may be just one option and, of course, I'm sure to us sitting up here when we talk about legacies, we're going to make sure the City's not broke when we leave either, so that should be a part of our legacy. But if -- let's say it does come back, okay, and whatever the final proposal is, and it's $2 million off or $3 million off -- I'm just using it as an example -- I mean, it's only four of us on the Commission now. Is the will -- I mean, are we --? Commissioner Gort: Do we have Plan B? Commissioner Spence -Jones: Yeah, do we have a Plan B? Because I just -- it just seems from the Administration side of it, everyone's pushing, pushing, pushing because we want to meet the November date, right, so that's driving the decisions. And I just want to make sure that based upon what Commissioner Carollo just said a few minutes ago, that we want to remain open and we're not stuck -- if it's not right in November or ready for November -- just saying if it's not right, then I just want to make sure the will of this Commission is we want to do it until it gets right. Vice Chair Sarnoff. Yeah. Look, we all know that we're -- yeah. Nobody wants to -- Commissioner Spence -Jones: Which means Scotty's would -- I just want to put it out there. Which means the current tenants that are there will have to be extended for another -- almost another year. Vice Chair Sarnoff Or -- Mr. Martinez: We have license agreements in place to -- Vice Chair Sarnoff Correct, but -- Mr. Martinez: -- continue the -- Vice Chair Sarnoff -- it also assumes that he wants to operate that way for a year. Mr. Martinez: Right. Commissioner Spence -Jones: Right, but I'm just -- Vice Chair Sarnoff That's a big assump -- no, your point being would you be willing to wait a year to get the RFP right. The answer is, I simply don't know what's coming. And I think you all surmise and believe I know more about this than I do. Commissioner Spence -Jones: No, no, no. Actually, this question is not pointing towards you. I said my fellow Commission. I'm saying -- Vice Chair Sarnoff Oh, I understand. Commissioner Spence -Jones: -- all four of us sitting up here because we do have to all make a decision on it. And I just want to be clear because when I leave and have to decide what I'm going to do, you know, my mindset is, oh, we don't have a choice because we need to get it done for November, and now I'm trying to scramble to see, okay, what can we retract out of it that makes sense for all of the people of the City of Miami, you know, opposed to, okay, we want to make sure this is tight and right, but if it's not, then we're open to understand that Scotty's will have to -- whoever's there now, will have to be there for another year, okay, and then we have to also realize that, you know, whatever the outcome is from our decision, we have to wait another City of Miami Page 44 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 year before another election because we quite -- we know that we cannot afford for a special election, right? Vice Chair Sarnoff I don't think we would special elect this, but I don't -- Commissioner Spence -Jones: I know. Vice Chair Sarnoff. -- you know, I don't know. I don't know what it would cost and I don't know -- and my guess it's like a regular general election so it's -- Commissioner Spence -Jones: It's expensive. Vice Chair Sarnoff Yeah. Commissioner Spence -Jones: Okay, so -- no, that's it. And then on closing, just so I know too -- let's say it passes and we select someone in July and we're ready for November. I think that will be the only item that's on, to my understand -- Vice Chair Sarnoff I think we're going to get a series -- you were going to say only referendum? Commissioner Spence -Jones: In November from the City. Vice Chair Sarnoff Yeah, I think we're coming up in the next Commission meetings with a number of items. Commissioner Spence -Jones: So -- and then we'll have a plan to actually promote it amongst our residents so that they know that we have these items on there? Okay, great. Vice Chair Sarnoff All right, bikes. Can I get the bike guy back? Commissioner Gort: Oh, is that what it was? Vice Chair Sarnoff. We certainly pedaled a long way, haven't we? Commissioner Spence -Jones: See, Commissioner Carollo, what you created. Commissioner Carollo: Hey, the only thing -- I just wanted to meet with -- Commissioner Spence -Jones: I'm just messing with you. Go ahead. Commissioner Carollo: -- Mr. Sosa. Commissioner Spence -Jones: Bikes. Vice Chair Sarnoff So here's my issue with the ordinance, not who you pick. If you go back -- when I was in London, they have a bike -- I didn't take great shots 'cause in a taxicab you're moving pretty quick. But this happens to be Barclays bank, and Barclay's is the company that does all of the bikes in London. They apparently have the whole contract. So just flip a couple of them. They don't seem to have a big kiosk, and I don't know why they do or they don't. I don't know quite how they operate. And I know you want to have synergy with the City of Miami Beach because you want to have a unified situated. So you want to have interchangeable parts. You may not want to have the same operator, but you want to at least be able to have the bike that comes from Miami Beach go to Little Haiti, to Southwest 8th Street or to Coconut Grove. But having said that, one of the things that concerns me -- and I'll put on the record very clearly. Miami Beach was the most successful bike launch of any bike project in the United States and it's City of Miami Page 45 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 still losing money because it is so dependent on advertising. But it seems to me whenever we do advertising in the City of Miami, we just don't seem to have that regulation switch. We go let's put as much advertising as we can out there. And now flip to -- so you're looking at London. Now we look at us. Okay, that's one issue. We're going to have bikes with a kiosk on it and every one's going to have advertising on it. That's one thing. But then I see all the way to the left -- and I hope it's on the left of everybody's picture as well. I see that great, big jungle something over there and that's a regular bus panel. And correct me if I'm wrong, Mr. Sosa, but you're going to have 155 of those throughout the City of Miami. Mr. Sosa: I don't have the final number. Vice Chair Sarnoff Ballpark. Mr. Sosa: It would be -- I think it would be not quite that high. Vice Chair Sarnoff. Hundred and twenty-five? Mr. Sosa: No. I'm thinking closer to 50. That's why I'm not sure -- Vice Chair Sarnoff Interesting. When we briefed earlier, we had agreed on the 155 number. Mr. Sosa: It's -- I -- I'm looking at my numbers and it's approximately 100 is what I see in my -- Vice Chair Sarnoff Okay, so we won't haggle over 50. My question to you is, with all the things we put on our streets, all the advertising that we have put on our streets, the phone booths that was supposed to be a one-year pilot project that have advertising panels on four sides, why is it that we need to have these -- I call them bus bench panels -- why do we need bus panels in addition to the bikes having advertising, in addition to the kiosk having advertising? Why can't we be a little more restrictive? Why can't we be a little more definitive in our advertising versus putting a bus bench panel out there? Mr. Sosa: In the negotiations that we're currently having with the highest ranked firm, as we looked through the pro forma of what their performance would be for the years, the out years -- or the close years and the out years, what we find is that in order to achieve a revenue share to the City, the number of panels that we're discussing, this hundred panels, for example, becomes the number that would generate revenue to the City. We can always back that number down to try -- to attempt to find a revenue neutral solution, I guess, a solution where there would be no revenue accumulating to the City, but the overall number of panels would be less. We could try and find a solution like that. That's possible. Vice Chair Sarnoff. You may have two Commissioners with two wholly different ideas. However, I will say this. This is going to go downtown. This is certainly going to be successful there. It's going to go in Brickell. It will likely be successful there. And if you just walk the streets of Brickell, there just simply isn't enough room as it stands now to start putting panels out there for advertising. I mean, you have the Brickell runners club right now. It's funny to watch them run because they start out wide, then they go single file because on some parts of Brickell you can only run single file because your right-of-way is so restricted. And I won't even get into the sensitivity of advertising because, you know, my view on advertising is the more you restrict advertising, the more lucrative it is. It's like a diamond. If I could kick this carpeting and kick up 50 diamonds, they'd be worthless. But because I have to go to the mines in Africa and because so many people have such a hard job of getting these, you know, diamonds, they're so valuable. Advertising is the same thing. The more you dilute it, the more the murals go down in value, the more the billboards will go down in value. These are things I don't think we're going to do away with. I don't think we're going to do away with the mural program unless this Commission goes schizophrenic because you have a mural program that nobody's within $4 City of Miami Page 46 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 RE.1 12-00543 Department of Capital Improvements Program million of your program. But every time you put a panel out there, you know what the advertiser says? How good is a mural when I could do a panel over here? It's right eye level and why would I pay that for a mural? So now you take down the value of the mural. And I can go on and on, but I just -- I'm not looking for a solution here that gives money to the City of Miami. I actually wish I made the speech that the City Attorney made because I think she and I both share a little bit of a passion for green issues and green initiatives. And you know, we're also going to have a walk-up rental car program, which is starting to take shape where people can just walk up to a kiosk and rent a car, and those cars are going to be very green -efficient energy cars. So Miami's becoming sort of you know, green in its own way. And I'll vote for this on first reading. I will not vote for this on second reading with the panels as they're displayed. So -- and I don't know if you want a unified -- and I'll be speaking pretty passionately by it, and I'll also try to bring up some financial data, hopefully by a CPA, that will demonstrate how you're going to degrade existing revenue sources to the City of Miami. And interesting enough, it'll be corning up at the same Commission meeting where I ask us to do away with our one-year pilot program on its 13th year, better known as the telephone kiosks. There's an old expression in Miami: There's nothing temporary once it happens. Thank you. Unidentified Speaker: Thank you. Vice Chair Sarnoff. So I guess we have for first reading an ordinance, Madam City Attorney. Any further discussion, gentlemen? All right, Madam City Attorney. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. Commissioner Carollo? Commissioner Carollo: Yes, on first reading. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: And then Vice Chair Sarnoff? Vice Chair Sarnoff. Yes, on first reading. Ms. Thompson: The ordinance has been passed on first reading, 3-0. END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST"), FOR THE BAYFRONT PARK PIER REPAIRS PROJECT ("PROJECT"); ACCEPTING THE CONTRIBUTION OF FUNDS FROM THE TRUST, IN AN AMOUNT NOT TO EXCEED $300,000, FOR SAID PROJECT. 12-00543 Summary Form.pdf 12-00543 Legislation.pdf 12-00543 Exhibit 1.pdf City of Miami Page 47 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones RE.2 12-00393 Department of Capital Improvements Program R-12-0227 Vice Chair Sarnoff All right, RE.1. Albert Sosa: Albert Sosa, director of Capital Improvements. RE.1 is a resolution authorizing the City Manager to execute a joint participation agreement with the Bayfront Park Management Trust, in the amount of $300, 000. The Park Trust is requesting the City's CIP (Capital Improvements Program) Department assistance with the design and construction of some rehabilitation work at their facility and they requested that we -- by them funding it, we will provide the assistance to do the work. Vice Chair Sarnoff. All right. Is there a motion? Commissioner Carollo: So move. Commissioner Gort: Second. Vice Chair Sarnoff Motion by Commissioner Carollo, seconded by Commissioner Gort. I don't know if there's -- needs a public discussion, but I'll open one. Anybody wishing to be heard on RE.1 ? Hearing none, seeing none, public discussion is now closed, coming back to the Commission. Any discussion, gentlemen? Commissioner Carollo: Real quick, Chairman Sarnoff. This is $300, 000 that the Bayfront Park Management Trust is giving to the City of Miami to fix and enhance a City asset. And by the way, just something that is never really spoken about, these $300, 000, we're starting to have estimates, (UNINTELLIGIBLE) estimates that within three years we will break even, and after those three years, we will actually start making revenues with the monies -- these monies that we're investing in a City asset. Thank you. Vice Chair Sarnoff CPA (Certified Public Accountant) analysis. Johnny Martinez (City Manager): So it wasn't out of left field before. Vice Chair Sarnoff All right. Commissioner Carollo: Exactly. Vice Chair Sarnoff Any further discussion? Hearing no further discussion, then all in favor, please say Eye. The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 2, IN SUBSTANTIALLY THE ATTACHED FORM, INCREASING THE PROFESSIONAL SERVICES AGREEMENT WITH LEO A. DALY COMPANY, FOR ADDITIONAL SERVICES FOR THE STADIUM SITE City of Miami Page 48 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 PARKING PROJECT, B-30648, IN THE AMOUNT OF $145,620, FROM $5,334,642.60 TO AN AMOUNT NOT TO EXCEED $5,480,262.60; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-30648, FOR SAID PURPOSE. 12-00393 Summary Form.pdf 12-00393 Pre-Legislation.pdf 12-00393 Legislation.pdf 12-00393 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-12-0228 Vice Chair Sarnoff All right, RE.2. Albert Sosa: Albert Sosa, director of Capital Improvements. RE.2 is a resolution authorizing the City Manager to execute amendment number two to the professional services agreement with Leo A. Daly Company, in the amount of $145, 620. This is in relation to the stadium site parking project. The bulk of the money is to allocate to this -- our architectural consultant to assist the City with the tenant build -out phase that's currently ongoing and allow us to -- from the City's side, since Leo Daly was the company that worked on the overall building, to make sure that what's happening -- that what the tenants are producing or proposing is compatible with the base building and be able to manage any potential modifications to electrical or mechanical systems, for example, that the tenants require but that may be out of their tenant space or may require coordination in a common mechanical system somewhere else in the garages. Vice Chair Sarnoff All right. Commissioner Carollo: So -- Vice Chair Sarnoff. Is there a motion? Commissioner Carollo: -- move. Vice Chair Sarnoff Motion by Commissioner Carollo -- Commissioner Gort: Second. Vice Chair Sarnoff -- seconded by Commissioner Gort. I'll open up a public hearing. Anybody wishing to be heard on RE.2? Hearing none, seeing none, it's closed. Any discussion, gentlemen? Hearing no discussion, then all in favor, please say aye." The Commission (Collectively): Aye. END OF RESOLUTIONS BOARDS AND COMMITTEES Vice Chair Sarnoff But we do need a motion to continue the boards and appointments to the next Commission meeting. Priscilla A. Thompson (City Clerk): Correct. City of Miami Page 49 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Commissioner Carollo: Motion to continue -- Commissioner Spence -Jones: Second. Commissioner Carollo: -- all the board appointments to the next -- Vice Chair Sarnoff We have a motion and we have a second. Ms. Thompson: To the July 14 meeting. Commissioner Carollo: -- to the July 14 meeting. Vice Chair Sarnoff. Motion and a second. All in favor then, please say aye." The Commission (Collectively): Aye. Vice Chair Sarnoff Okay. BC.1 RESOLUTION 12-00286 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. BC.2 12-00433 APPOINTEES: NOMINATED BY: Chairman Francis Suarez Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo 12-00286 CRB CCMemo.pdf 12-00286 CRB Current_Board_Members.pdf 12-00286 CRB Memo from Haydee Wheeler (3.30.12) - Barbara Rodriguez.pdf 12-00286 CRB Memo from Haydee Wheeler (5.29.212) - Community Relations Board Vacancies. Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Gort and Suarez RESOLUTION Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. City of Miami Page 50 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 APPOINTEES: NOMINATED BY: Commissioner Frank Carollo Commissioner Frank Carollo 12-00433 CSW CCMemo.pdf 12-00433 CSW Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Gort and Suarez BC.3 RESOLUTION 12-00289 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Frank Carollo 12-00289 CTAB CCMemo.pdf 12-00289 CTAB Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Gort and Suarez BC.4 RESOLUTION 12-00639 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EDUCATION ADVISORY BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Michelle Spence -Jones 12-00639 EAB CCMemo.pdf 12-00639 EAB Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. City of Miami Page 51 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 BC.5 12-00287 Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Gort and Suarez RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. BC.6 12-00288 APPOINTEES: NOMINATED BY: Commissioner Frank Carollo Commissioner Frank Carollo IAFF AFSCME 871 12-00287 EOAB CCMemo.pdf 12-00287 EOAB Current_Board_Members.pdf 12-00287 EOAB Memo from Local 871.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Gort and Suarez RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Marc David Sarnoff City Manager Johnny Martinez 12-00288 Finance CCMemo.pdf 12-00288 Finance Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Gort and Suarez BC.7 RESOLUTION City of Miami Page 52 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 12-00339 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST FOR A TERM AS DESIGNATED HEREIN. BC.8 11-00997 APPOINTEE/CATEGORY: NOMINATED BY: AT -LARGE (AFSCME 871) 12-00339 GESE CCMemo.pdf 12-00339 GESE Current_Board_Members.pdf 12-00339 GESE Memo from AFSCME Local 871.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Gort and Suarez RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. BC.9 12-00434 APPOI NTEES: NOMINATED BY: Chairman Francis Suarez Vice Chairman Marc David Sarnoff Commissioner Frank Carollo 11-00997 Health CCMemo.pdf 11-00997 Health Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Gort and Suarez RESOLUTION Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. City of Miami Page 53 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Chairman Francis Suarez Vice Chairman Marc David Sarnoff Commissioner Frank Carollo 12-00434 Homeland CCMemo.pdf 12-00434 Homeland Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Gort and Suarez BC.10 RESOLUTION 12-00642 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HOUSING AND COMMERCIAL LOAN COMMITTEE FOR ATERM AS DESIGNATED HEREIN. BC.11 12-00436 APPOINTEE/CATEGORY: NOMINATED BY: City Manager Johnny Martinez 12-00642 HCLC CCMemo.pdf 12-00642 HCLC Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Gort and Suarez RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Marc David Sarnoff Commissioner Frank Carollo City of Miami Page 54 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 12-00436 MSEACCMemo.pdf 12-00436 MSEA Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Gort and Suarez BC.12 RESOLUTION 12-00057 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Marc David Sarnoff Commissioner Frank Carollo City Manager Johnny Martinez City Manager Johnny Martinez City Manager Johnny Martinez 12-00057 PRAB CCMemo.pdf 12-00057 PRAB Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Gort and Suarez BC.13 RESOLUTION 12-00298 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Marc Sarnoff Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Michelle Spence -Jones City of Miami Page 55 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 12-00298 PZAB CCMemo.pdf 12-00298 PZAB Current_Board_Members.pdf 12-00298 PZAB Applications.pdf Motion by Commissioner Carollo that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Gort and Suarez BC.14 RESOLUTION 12-00300 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Francis Suarez Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Michelle Spence -Jones 12-00300 UDRB CCMemo.pdf 12-00300 UDRB Current_Board_Members.pdf Motion by Commissioner Carollo that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Gort and Suarez BC.15 RESOLUTION 12-00564 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Marc David Sarnoff Commission -At -Large Commission -At -Large Commission -At -Large City of Miami Page 56 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 BC.16 12-00487 Office of the City Clerk 12-00564 VKBPT CCMemo.pdf 12-00564 VKBPT Current_Board_Members.pdf 12-00564 VKBPT Memo regarding Patrick Range II.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Gort and Suarez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 12-00487 WAB CCMemo.pdf 12-00487 WAB Current_Board_Members.pdf NOMINATED BY: Mayor Tomas Regalado Vice Chairman Marc David Sarnoff Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Gort and Suarez END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DI.1 DISCUSSION ITEM 12-00562 Department of Human UPDATE ON A PLAN FOR FILLING THE UPCOMING VACANCY FOR THE Resources CITY CLERK POSITION. 12-00562 Summary Form 06/28/12.pdf 12-00562 Proposed Timeline 06/28/12.pdf 12-00562 Recruitment & Section Plan.pdf 12-00562 Notice of Application - City Clerk Position.pdf DEFERRED Note for the Record: Item DI.1 was deffered to the June 28, 2012 City Commission Meeting. Vice Chair Sarnoff. Okay. If you don't mind, I'd like to keep -- if we just did the board appointments and the PZs (Planning & Zoning), which unfortunately, we're going to have to do after 2 o'clock for the PZ, but that leaves us with, I think, DI.1. Is that something we could discuss? Your -- Beverly Pruitt, you're recognized for the record. Madam HR (Human City of Miami Page 57 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Resources). Beverly Pruitt: Beverly Pruitt, director of Human Resources. For the record, I'd like to correct the summary form background information that was included in your packet to state that the subject directive was received at the approval and request of the City Commission during the discussion sponsored by Commissioner Carollo on the upcoming vacancy of the City Clerk. And in your package, you have a timeline. And following -- recently, you were sent a timeline number two to give an option as to appointment of an interim City Clerk and awaiting the election and then having an appointment in 2013. Commissioner Carollo: Mr. Chairman. Vice Chair Sarnoff You're recognized for the record, Commissioner Carollo. Commissioner Carollo: Thank you. I'm sorry. I don't have timeline number two. Is it possible for me to --? Commissioner Spence -Jones: I didn't get it as well. Commissioner Carollo: Yeah. Commissioner Spence -Jones: And just -- while we're getting it -- I didn't get a copy of it either. And I just want to be clear. Remember the last discussion we had on this item? Vice Chair Sarnoff. Go ahead. You're recognized. Commissioner Spence -Jones: Commissioner Carollo, remember the last item I -- 'cause I know you're taking a leadership on this, and I think that we definitely need to be in front of it. My only recommendation was because we do have a major election happening in November -- and I thought we all agreed while we were sitting up here that we still would go through the whole process, but as far as having someone actually come in, a new person that would be behind the eight ball trying to figure out what's going on, that there would be somebody maybe perhaps within the department that could be here at least until the general election. With all of the things that are going on throughout the state of Florida regarding elections, the one thing that we need to make sure coming up in November is that we have some sort of stability, and that's what we kind of talked about as a whole group. So the second option that she's talking about, when I met with them and got my briefing on it, I asked for that to be included as the second timetable, and that's what she's speaking in reference to now. So the person still would be selected, we'd still go through the process, but in the meantime, the effective date would not be until after the election. Commissioner Carollo: What I'm -- by the way -- Mr. Chairman. Vice Chair Sarnoff You're recognized. Commissioner Carollo: And by the way, as far as taking a leadership role, I'm not necessarily, you know -- what I actually did was bring it up to my colleagues so we could address this issue so it wouldn't happen where at the last minute we're running around. And as a matter of fact, we just spoke about it, something Chairman Sarnoff said. Hey, listen, two years ago, I was mentioning, hey, before the lease expires, let's talk about this. So, in other words, before our City Clerk, you know, moves on, I will want to start the process and discuss it so it's not -- you know, and I don't want to go back in time and say two days before she leaves, but you know, let's say a week before she leaves, all of us are saying, oh, shoot. What do we do? Okay, what's the process? And everyone's, you know, running around, and then we put stress on the Administration and stuff like that. So it was more for all of us to discuss it. City of Miami Page 58 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Commissioner Spence -Jones: Right. Commissioner Carollo: With -- Commissioner Spence -Jones: And let's be clear, Commissioner Carollo. That's taking leadership of it because none of us were saying -- was even thinking about trying to figure that out so you are taking leadership on it. I just wanted to make sure that we understand that between August and November, it's going to be crazy. And I'm sure Madam City Clerk can tell you, election period is the most busy period. And if they already have a team of folks that can do that -- I'm looking at the faces over there -- but there are a team of folks that can kind of do that -- like, oh, Michelle, please. I just would hate to get a new person that's trying to understand the City system, personalities, all of that in the midst of a November election. And it's just too important for a presidential election for us to play around with. Commissioner Carollo: And Commissioner Spence -Jones, that's why I brought it to the Commission, so we have this -- Commissioner Spence -Jones: Right. Commissioner Carollo: -- healthy discussion. Commissioner Spence -Jones: No problem. Commissioner Carollo: And you bring a very valid point. The only thing with that is, in a way, we're assuming that maybe someone in the City Clerk's office right now will not bid for the job and will not actually -- Commissioner Spence -Jones: Right. Commissioner Carollo: -- obtain the job. Commissioner Spence -Jones: And -- Commissioner Carollo: So I understand what you're saying. But at the same time, maybe someone from the City Clerk's Office would apply and would actually become the City Clerk, if this Commission so decides. So -- you know, and if they don't and someone new comes in, maybe they have that experience or they may have some type of experience and still someone from our department may still be there to assist them so -- Commissioner Spence -Jones: Right. But I'm just -- we -- there's so many variables in that, meaning personalities, experiences, dealing with a new system. And the one precious thing that we have, Commissioner Carollo, that we should all value is our right to vote. And already we already know what's happening throughout the state of Florida and all of the things that are being challenged around these issues of people voting. And the presidential election, if it was just a normal election, then I think that they could wade their way through. But I think we need to -- from a leadership standpoint, we need to really make sure, if nothing else, there's stability during that period. We got a major election happening in August, and then we have the major presidential election. I think definitely there are people that are more than qualified that have worked along with the existing City Clerk that knows how to do that. And just as you guys did before I even got here with the auditor general, you had someone here that sat in and did that job -- we're only talking about three or four months -- I would rather not make any real mistakes -- or have any real mistakes made because we can't get it back. We can't get the time back, so that was my only issue. I think we should still go along with whatever the process is that you have put in place. I'm just saying, let's make sure that we have that stability. I don't care if it's November 3 or 4 that person reports to duty, but just -- it's just too much gray area, different City of Miami Page 59 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 personalities, dealing with the City system and how to figure out this and figure out that. I just think that we need to just really operate with wisdom during that particular period so we don't have no questions come up and no issues come up around -- as to whether or not we had somebody that had the ability or the know-how to really do the job. Commissioner Carollo: Commissioner, I'm willing to be flexible. Again, that's why I brought it up to this Commission, so I'm willing to be flexible. I'd like to hear from my other colleagues and -- Commissioner Spence -Jones: Sure. Commissioner Carollo: -- see how the -- you know, what's the consensus of how to do this. Again, I'm willing to be flexible. What I want is for the best for the City, for us to be able to move forward in the correct way. I know in the first timeline, I thought that the advertisement period was too short. I would have liked more time. It seemed like it was two weeks, which is five -- I'm sorry, ten business days. I would have liked for it to be longer. And again, I'm willing to be flexible. My intention was really, hey, let's start the process early. Let's discuss it so it's not a last-minute thing where we're all running around. Commissioner Spence -Jones: No. I got you. Commissioner Carollo: In other words, let's have the discussion now instead of let's have the discussion a week before our City Clerk leaves. So, again, I'm willing to be flexible and whatever the consensus is. Vice Chair Sarnoff. Commissioner Gort. Commissioner Gort: I'd like to hear from the City Clerk. Priscilla A. Thompson (City Clerk): And Commissioner Gort, what specifically would you like to hear from me? Commissioner Gort: Well, my understanding is you have someone in charge of the specific of the elections is my understanding. Ms. Thompson: Yeah, that's correct. In our office, we do have an elections coordinator. Our current elections coordinator is Mr. Dwight Danie. He's been with us almost five years, so we have that ability in the office. We have in our office, I believe, a team that can do whatever it is needs to be done by the Commission with excellent customer service, excellent results, in-house. When I step away from this dais on September 28, your office, your City Clerk office, with the staff that's in there, would not skip a beat. I am confident enough to say that when and if a new person should come in, you won't skip a beat, as long as the team -- and I emphasis team because the people in that office are cross -trained 67 different ways, okay. When someone is out, someone is there to do the job. We have a system whereby we actually have -- we have a primary person, a secondary -- I'll say this incorrectly -- a third-dary [sic] and a fourth-dary [sic]. We cover our bases, okay, but we have what you need in the office to get the job done and to see you through that November election. Anything else? Commissioner Gort: Thank you, ma'am. Vice Chair Sarnoff All right. So is it just option A or option B or do we --? How do you want to proceed? Commissioner Gort: I'd personally like to see it proceed and the selection be made way before, make sure we do it on timing, make sure we select the right person. When they can take City of Miami Page 60 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 (UNINTELLIGIBLE), that's something we can discuss later. I don't think we have to do it right now. Vice Chair Sarnoff So you're saying -- I'm not sure I got -- you want to -- Commissioner Spence -Jones: Proceed with the process. Commissioner Gort: I don't have any option two. That's (UNINTELLIGIBLE). Vice Chair Sarnoff Here's option two. Commissioner Gort: I need time to read it and interpret it and to understand it so I can make a decision. Commissioner Carollo: And -- Commissioner Spence -Jones: And I think we're all in agreement. I think we should continue with the process. I'm not saying let's -- Commissioner Gort: Yeah. Commissioner Spence -Jones: -- not continue with the process. Commissioner Gort: I'm saying go. Commissioner Spence -Jones: We don't have the time to not continue with the process. Commissioner Gort: Let the process continue. That's it. Vice Chair Sarnoff But if we -- forgive me. But if we do no action, on June 14 something was supposed to happen. Commissioner Carollo: No. Mr. Chairman, if possible, a friendly suggestion. Can we just table this to after lunch so we could have a -- see the second timeline and, you know, think about it. But -- Commissioner Spence -Jones: No problem. Commissioner Carollo: -- I think you're right, Commissioner Spence -Jones. We are on the same page. It's just discussing it, working out the kinks and coming up with a consensus. But again, I think, you know -- and I think what -- and I don't want to put words into Commissioner Gort's mouth, but it seems what he said, continue with the process. We can hire someone, but that doesn't meant that their start date will be their hire date. Commissioner Spence -Jones: That's what I said. Commissioner Gort: We can select -- Commissioner Carollo: You know, so -- Commissioner Spence -Jones: I think you need to continue with the process. Commissioner Carollo: Yeah. So, again, can we -- and can -- Commissioner Gort: Make a motion to continue the process. City of Miami Page 61 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Commissioner Carollo: -- Chairman Sar -- Vice Chair Sarnoff Hey, we could table it. I don't -- I have no problem with tabling it. Commissioner Carollo: Can we just table it 'til after lunch? Vice Chair Sarnoff Sure. Commissioner Spence -Jones: That's fine. Commissioner Carollo: And it's a light meeting, so it should go quick. Vice Chair Sarnoff Yeah, no problem. Commissioner Gort: I might not be back after lunch, so I'm not sure, but whatever. Vice Chair Sarnoff. Well, I think two of you might not be back during lunch so -- Commissioner Spence -Jones: Right. Vice Chair Sarnoff -- wait a minute. Commissioner Carollo: After lunch? If two of them are not back, guess what -- Vice Chair Sarnoff Yeah, then we should adjourn the agenda. Commissioner Carollo: -- we have no quorum. Vice Chair Sarnoff Right. Which -- you might not be back after lunch. Commissioner Gort: I can be back, but I will have to leave about 2:30. I have to go to -- Commissioner Spence -Jones: Yeah, me too. Commissioner Gort: -- I got an urgent visit. Commissioner Spence -Jones: So I'll be -- we'll be back to handle -- we -- how many -- we have two PZ (Planning & Zoning) items, right? Vice Chair Sarnoff. Yeah, and maybe the thing to do, candid -- are these PZ items emergencies? Commissioner Gort: Can we come back at 1:30? Vice Chair Sarnoff Come back whenever you want. Commissioner Spence -Jones: Yeah. We can leave 'cause we're going to -- we're literally finished with the agenda right now, right? Vice Chair Sarnoff Pretty much, except -- Commissioner Spence -Jones: So we can finish at 11:30 and come back at -- Vice Chair Sarnoff -- for the -- City of Miami Page 62 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Commissioner Spence -Jones: -- 1:30? Commissioner Carollo: Come back at 1:30. Vice Chair Sarnoff. One thirty. Commissioner Carollo: We'll work from 1:30 to 2:30. Commissioner Gort: To handle pocket items. Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff. Okay. Commissioner Carollo: That way it'll work for everybody. Vice Chair Sarnoff Let's take a break now. We'll come back at 1:30. Commissioner Gort: Okay. Vice Chair Sarnoff Thanks. Commissioner Spence -Jones: Are we doing board appointments, Mr. Chairman? Vice Chair Sarnoff Yeah. I was going to do them, yeah. Commissioner Spence -Jones: When we come back? Vice Chair Sarnoff. Yes. Commissioner Spence -Jones: Okay. Commissioner Carollo: Thank you. Vice Chair Sarnoff We're in recess. [Later...] Vice Chair Sarnoff All right. We have a tabled City Clerk item. So wait, wait, wait, wait. Don't leave. I might need two motions out of you. I'm assuming you don't want to deal with that right now. Commissioner Spence -Jones: Which one? Vice Chair Sarnoff The tabled City Clerk issue -- item. Commissioner Spence -Jones: Yeah, can we wait --? Do we have to make a decision on --? Vice Chair Sarnoff No, no, no. Commissioner Carollo: I don't think we really have to make a decision. I think we have some time. But you know, I think we need to look at the timetable and deal with that in the next meeting. Vice Chair Sarnoff Right, so -- City of Miami Page 63 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Commissioner Carollo: I think we all -- I think the consensus was that -- I think we're on the same page. It's just seeing exactly what the timetable will be. So I think, you know, we can defer to the next meeting. Vice Chair Sarnoff All right, so let's have a -- I'm going to take that as a motion. Is there a second? Ms. Thompson: It's a discussion item, so you don't need a motion. Vice Chair Sarnoff Don't even need to do it, okay. Ms. Thompson: We'll just carry it forward. DI.2 DISCUSSION ITEM 12-00657 DISCUSSION CONCERNING THE CITY'S ADOPTION OFATICKET POLICY UNDER WHICH PUBLIC, COMMUNITY BENEFITS, OR COMPLIMENTARY TICKETS OBTAINED THROUGH CONTRACTUAL NEGOTIATION OR OTHER EXERCISE OF PUBLIC AUTHORITY MAY BE DISTRIBUTED FOR ANY PERMISSIBLE PUBLIC PURPOSE, CONSISTENT WITH THE GUIDELINES PROVIDED BY THE MIAMI-DADE COUNTY COMMISSION ON ETHICS AND PUBLIC TRUST. 12-00657 Summary Form.pdf 12-00657 Memo - Citywide Ticket Policy 06/28/12.pdf 12-00657 Backup Information 06/28/12.pdf SPONSORS: OFFICE OF THE CITY MANAGER OFFICE OF THE CITY ATTORNEY Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones Note for the Record: Item DI2 was deferred to the June 28, 2012 Commission Meeting. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Unidentified Speaker: We got a quorum. Commissioner Gort: Oh, we got a quorum. Good, thank you. Vice Chair Sarnoff. All right. I think we can start with the PZs (Planning & Zoning). PZ 1. Let's start with PZ.1. Priscilla A. Thompson (City Clerk): Okay, Chair. What we will need to do -- Vice Chair Sarnoff. Okay, is start the PZ meeting. I apologize. Ms. Thompson: Correct. Thank you. City of Miami Page 64 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Vice Chair Sarnoff Go ahead. Commissioner Spence -Jones: So we are going to take all -- 'cause I know you were saying you wanted to -- we are going to do all -- both PZ items today? Vice Chair Sarnoff Yeah. Let's -- Commissioner Spence -Jones: Okay. Vice Chair Sarnoff -- we'll get -- I think we'll get through the PZs. I know Commissioner Gort has a pocket item. Commissioner Spence -Jones: Okay, no problem. Vice Chair Sarnoff I may do a video 'cause that will not require a quorum, so you guys can get off and -- Commissioner Spence -Jones: Okay. Vice Chair Sarnoff It's a good video, not a bad one so -- Commissioner Spence -Jones: Okay. Vice Chair Sarnoff -- it's good news for the City. Commissioner Gort: Good. Vice Chair Sarnoff Matter of fact, what it is is -- anybody see the Swire Properties moving of the great, big trees? Commissioner Spence -Jones: No. Vice Chair Sarnoff It's -- Channel 10. Commissioner Gort: Yeah. Vice Chair Sarnoff Yeah. Commissioner Gort: Yes, yes, yes. Vice Chair Sarnoff And I just think that the citizens should know that we do care about trees and we do everything we can do to preserve them wherever and whenever we can and these, I'm going to say, 15 large oak trees -- and it's more than oaks -- were barged from their property down the river over to the Museum Park. And some of these trees are 60, 70 feet tall. Commissioner Gort: Well, I've been asking for trees in my district. I think trees is something that can really improve the areas quite a bit, so I'm working on it. Two o'clock. Commissioner Spence -Jones: So are we ready, guys? Commissioner Gort: Yes. Vice Chair Sarnoff. Ready? Okay, PZ.1. Ms. Thompson: PZ -- You're going to read the statement in, and then I'll have to -- City of Miami Page 65 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 PZ.1 10-01096cm Maria J. Chiaro (Deputy City Attorney): PZ items shall 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 by the City Clerk. Staff will briefly describe each item to be heard. The members of the City Commission shall disclose any ex-parte communications. The appellant or petitioner will then present the request and 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 the City of Miami 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 action. Ms. Thompson: Anyone who's present and will be giving testimony on any of the PZ items, I need you to please stand and raise your right hand so I could administer your oath. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE COVENANTS DATED MARCH 31, 1997 AND RECORDED IN OFFICIAL RECORDS BOOK 17604, PAGES 3735-3770, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1900 BRICKELLAVENUE, MIAMI, FLORIDA. 10-01096cm CC 06-14-12 Fact Sheet.pdf 10-01096cm Maps & PZAB Reso.pdf 10-01096cm Application & Supporting Documents.pdf 10-01096cm CC Legislation (Version 3) & Exhibits.pdf LOCATION: Approximately 1900 Brickell Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Carlos J. Gimenez, Esquire, on behalf of Dr. Jorge Suarez -Menendez, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with conditions on January 19, 2011 by a vote of 9-0. *See Exhibit "1". PURPOSE: This proposed modification will amend certain restrictions to the existing covenant. Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez City of Miami Page 66 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 R-12-0229 Vice Chair Sarnoff All right. Mr. Manager, PZ.1. Francisco Garcia: Francisco Garcia, Planning and Zoning director. Item PZ.1 is a request for a modification of a recorded restrictive covenant affecting the property at 1900 Brickell Avenue. I will defer to the applicants to make their presentation. I will say that we are generally well aligned with the request they are making. It is our understanding through correspondence we have received that the Brickell Homeowners Association are in support of this area -- of this petition, and that is certainly the area the building is located in. So I think it might be best if we allow the applicants to make their request and I will have some comments to make. Vice Chair Sarnoff. Mr. Gimenez, you're recognized for the record. Carlos Gimenez: Thank you, Commissioner. For the record, Carlos Gimenez, with the law offices of Becker Poliakoff, 121 Alhambra Plaza, Coral Gables, Florida 33134, here representing Dr. Suarez -Menendez, who's the property owner. This issue goes back a very long time. I believe it was 1997 when the initial special exception was approved along with a declaration of restrictive covenants. That was done in order to garner the support of the BHA, the Brickell Homeowners Association. Since then, the property owner has gone through, you know, several issues related to the property; you know, one being that he's not able to practice anymore. He has a lessee who is a doctor practicing in that same position right now. That's what really brought us back to the table is the fact that we looked at the declaration. A lot of those restrictions really don't make sense now. We think that -- well, we know the BHA has -- are now in support of our petition to remove all the restrictions. We understand that the City may have additional restrictions that we would like to consider. And, you know, as far as landscaping is concerned the doctor has already started installing new royal palms. They're already up and you would have seen them today, but we're more than willing to go through -- a condition to the release of the declaration would be to obtain a warrant from the City indicating that it was done to the satisfaction of the Planning Department, specifically the director. You know, in addition to that, we looked at the condition of the exterior facade of the building. We agree that it should be painted white or off-white in color. That is a condition to the release that we would definitely entertain and proffer at this time. And with regards to the fountain, there was a lot to be said way back when when the Venus de Milo was there. At this point, you know, we're willing to proffer in addition to that that we will provide lighting and a -- in fact, we just spoke today with a local artist that is going to create a local sculpture to be placed in that fountain and it will be litten [sic] up and it will be nice. And we will also reach out to the BHA and continually try to reach an accord with them. It's been a very good working relationship thus far and we expect that to continue in the future. Vice Chair Sarnoff All right. Anyone from the public wishing to be heard on PZ.1, please step up. Hearing none, seeing none, coming back to the Commissioner -- Commission. Commissioner Gort. Commissioner Gort: Mr. Chairman, the -- I think I'm the only one that was here at that time, and I made the motion at that time. A lot of the restrictions that we put covenant on it is because of the property owner across the street, the residential, they were asking for it. As we can see, that whole area has changed quite a bit now, and the use of that property should be maximized, so I move for approval. Vice Chair Sarnoff All right. Is there a second? Commissioner Spence -Jones: Second. Commissioner Gort: Following the recommendations. City of Miami Page 67 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Commissioner Spence -Jones: Second. Vice Chair Sarnoff All right. Mr. Director, I just -- when you look at what they're about to do -- and I do appreciate the covenant that's being offered here today and that's predicated; that would help me with my vote. I just want to make sure they have a sustainable landscape plan. And of course, they said they would take care of the fountain and they would paint it probably a more appropriate color. The only thing I'd ask you to pay a little bit of attention to, you have a historic building and you may not have historic tile directly around your doorway that might -- could use an improvement. Mr. Gimenez: Okay. We will -- Vice Chair Sarnoff But I certainly trust Francisco Garcia's ability to figure out in a warrant what needs to be done. Mr. Garcia: Thank you, sir. And to that end, we would like to reiterate, as we had stated earlier, that our recommendation is that any improvements to the exterior of the property from this point forward be processed through the warrant procedure. That will allow us to then work with the applicant to make sure that that particular objective is accomplished. Vice Chair Sarnoff The only thing -- I know -- but I want to make sure they cannot still do -- or they have not done and I don't want them to be able to do is an overnight stay. Mr. Garcia: That was the second one of the conditions that I was about to allude to. And so those would be the two of the seven original restrictive conditions imposed on the property. Those are the two that we would recommend stay. And ifI may for a moment briefly, I would like to read them into the record and hopefully the form in which I read them is acceptable to you. There would then be a complete elimination of all restrictions presently applicable to the property with the exception of two. Those two would be, one, the use of the health clinic will be limited to consultation for plastic surgery as an outpatient facility only with no overnight stays and no surgical or other medical procedures occurring on the property. And number two would be to introduce a warrant procedure for the following restriction, no changes made to the exterior of the property shall be made without going through -- I'm sorry. I'll restate that one more clearly. To introduce a warrant procedure for the restriction that no changes shall be made to the exterior of the property without obtaining Planning and Zoning approval. Vice Chair Sarnoff All right. Does the maker understand that? Does the maker accept the --? Commissioner Gort: Yes. Vice Chair Sarnoff. Seconder accept? Commissioner Spence -Jones: Yes. Vice Chair Sarnoff Okay. Mr. Gimenez: If I can make one comment on the first restriction that was proffered. We do agree with the overnight stays, the restriction as to overnight stays. As to what a surgical procedure is, you know, is a botox injection a surgical procedure? I mean, there's certain things that may or may not be considered a surgical procedure. So if we can just strike that portion out of that one condition, you know, we would gladly accept it and just remain with the restriction of no overnight stays. Mr. Garcia: Fair enough. I will make that clear then because you're right. We don't presently have a definition in the zoning ordinance for surgical procedures. So then perhaps this will get it City of Miami Page 68 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 more clearly. The use of the health clinic would be limited to consultation as an outpatient facility only with no overnight stays, period. Vice Chair Sarnoff. Maker accept? Commissioner Spence -Jones: Okay, let's -- I just want to make -- Jorge Suarez -Menendez: Just want to make a comment. Commissioner Spence -Jones: You want to -- right. Mr. Suarez -Menendez: Yes. My name is Dr. Suarez -Menendez, 1900 Brickell Avenue. I'm the owner. We've been at this for 17 years. Back before Francisco was in here with the prior person, like ten years ago, there was a problem with the medical spa (UNINTELLIGIBLE) cosmetic. And then they went through a great length through the State in Tallahassee, and they said that, yes, that we, as a plastic surgeon, had the right to have a medical spa to do all kinds of procedures there. Commissioner Spence -Jones: Right. Mr. Suarez -Menendez: And then that was approved. I even have copies of that, like five pages from Gonzalez, I think was the person in charge, where they made a correction and said, yes, we could do that. And that was way back, and I even have copies of that. So the thing that was discussed with the Brickell association, which I had a meeting with them at length for a few hours, the only thing they objected to, that they -- and I agreed with them, was no post surgical overnight stay. That was exactly -- when I spoke with the president of the association like a couple weeks ago. And then the other thing was the painting; whatever was blue to go back to white, and I have no problem with that. But that was essentially it. So I mean, now I'm sorry, but when I hear Francisco mention this, like we're going back to things that ten years ago was clear. And you know, I hate to be devil's advocate, but the main thing that was agreed to everybody's knowledge, including the Brickell association, who were the biggest against me for the last 17 years, now they made a resolution supporting me 100 percent, except for the post surgical overnight stay, period. Commissioner Spence -Jones: Okay, can --? Mr. Suarez -Menendez: So I was a little -- Commissioner Spence -Jones: So -- Mr. Suarez -Menendez: -- when I heard Francisco mention that, I was a little like, you know -- Commissioner Spence -Jones: -- Mr. Garcia, just so that -- I mean, have you -- do you agree with what he's saying right now? Mr. Garcia: I do. And I believe the restated version of the restrictions actually addresses his concern. Mr. Suarez -Menendez: Thank you for your time. Mr. Gimenez: I agree too. Commissioner Spence -Jones: Sometimes it gets a little jumbled. That's -- but he said just what you -- I'm assuming he said just what you just said. City of Miami Page 69 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Mr. Gimenez: Different language but the same thing. Commissioner Spence -Jones: Okay. Commissioner Gort: My understanding is there's a no overnight. Mr. Gimenez: No overnight. Commissioner Gort: That was the main point. Mr. Gimenez: No slumber parties. Mr. Suarez -Menendez: No post surgical overnight stay. Mr. Gimenez: Right. Mr. Suarez -Menendez: For example, (UNINTELLIGIBLE), you know. Commissioner Gort: Gotcha. Priscilla A. Thompson (City Clerk): I'm sorry. No, that was off the mike, so I just want to let you Commissioner Gort: I know. I understand, yes. Vice Chair Sarnoff. All right. Does the maker accept the amendment? Commissioner Gort: Yes. Vice Chair Sarnoff.: Does the seconder accept? Commissioner Spence -Jones: Yes. Vice Chair Sarnoff.. All right. Any further discussion? Hearing none -- it is a resolution. So, all in favor, please say aye." The Commission (Collectively): Aye. Mr. Gimenez: Thank you. PZ.2 ORDINANCE 12-00563zt First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 5 ENTITLED, "SPECIFIC TO ZONES" TO MODIFY SECTION 5.6.4 "PARKING STANDARDS", TO ALLOW ADDITIONAL FLEXIBILITY FOR PARKING GARAGES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-00563zt CC 06-28-12 Fact Sheet.pdf 12-00563zt PZAB Reso & CC Legislation (Version 3).pdf LOCATION: Citywide City of Miami Page 70 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 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: Pending recommendation on June 6, 2012. PURPOSE: This will modify regulations for parking standards in the primary frontage to allow additional flexibility for parking to extend into the second layer. Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones Vice Chair Sarnoff PZ.2. Francisco Garcia (Director, Planning): Item PZ.2 is an amendment to Miami 21, the zoning ordinance. And although fairly straightforward, I have devised a small graphic that I think will help explain what we're trying to accomplish here more easily. So if I may ask the assistance of the audiovisual department to place the graphic on screen. This will only take a minute or two at best. Right. So here it is. Hopefully, you can see this in your screens. And so, the first thing I'd like to emphasize is that this change will affect only T6, so the high density, high intensity areas in the City of Miami. This is citywide, however. And what this graphic shows basically in black and white right now is your standard issue multistory building mixed use. I will take you quickly through a series of small changes just to highlight because I will be using this terminology. What you see here now in orange is the third layer; in lighter orange, the second layer; and in lightest orange, the first layer, which is actually the setback. In gray, the public right-of-way. And here, in the second layer, meaning the first 15 feet of the building from the setback to 15 feet into the building, presently we allow parking to reach the front of the building through waiver from the third story up. The change here by proposed would allow that parking also to take place on the second story and also through waiver. That is the only change we are making. As to the reason why we're making that change, we have found that we should not -- it is ineffective to treat redevelopment or revitalization efforts in the -- in western areas, let's say, of the City of Miami in the same way as we do in Biscayne Boulevard, in downtown or in Brickell Avenue. And in some instances, the ability to bring the parking all the way to the front of the building and to allow full use of the second floor floor plate really makes a world of difference for the developer. That being said, requiring that they go through a process of waiver allows us to conduct the proper staff review to ensure that it doesn't have any detrimental effect. I should note -- and this has caused some confusion for some -- that we are still retaining the ground floor, which is at the pedestrian level, which we continue to feel is all important. We continue to insist that that must be habitable space. The only thing we're changing is at the second story level, we would allow for the garage to come all the way up to the front and through the waiver process, and that will also have to be masked or treated in a way so that the garage function is concealed and it presents a pleasant appearance to the public right-of-way. With that by way of presentations, I will answer any questions you may have. Vice Chair Sarnoff All right. PZ.2. Is there anyone from the general public who wishes to be heard on PZ.2? Hearing none, seeing none, coming back to the Commission. Is there a motion? Commissioner Gort: Move it. Vice Chair Sarnoff Motion by Commissioner Gort. Commissioner Carollo: Second. City of Miami Page 71 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 M.1 12-00361 D2.1 12-00640 Vice Chair Sarnoff. Second by Commissioner Carollo. Any discussion, gentlemen? Hearing none, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Your roll call. Commissioner Carollo? Commissioner Carollo: Yes, on first reading. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Vice Chair Sarnoff? Vice Chair Sarnoff Yes. Ms. Thompson: The ordinance has been passed on first reading, 3-0. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO DISCUSSION ITEM DISCUSSION ABOUT THE STATUS AND POSSIBLE SETTLEMENT OF A 1994 SUIT RELATED TO THE POLICE DEPARTMENT. 12-00361 Email - Status & Possible Settlement.pdf NO ACTION TAKEN END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 VICE-CHAIRMAN MARC DAVID SARNOFF DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. City of Miami Page 72 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 12-00640 Email - Status of Hiring Police Officers.pdf DISCUSSED Vice Chair Sarnoff Mr. City Manager, I wanted to discuss with you the status of the hiring of police officers. And I want to frame this in terms of a safety issue. And the only reason I'm bringing this up is in terms of safety. We are presently -- and I could be wrong -- 94 police officers down. There is an intent to hire 30, but candidly, that may take us upwards of five months. That's what I've been told by Armando Jr. Even if that were not right and we were able to hire the 30, we would then be still about 64 down. And I know the plan then to hire more is a more involved and longer plan, so it would take us a longer period of time to fill that role. During my discussions with the chief and with Armando, it seemed like there was a number of 40, where you guys -- and I say you guys, the police department, is somewhat comfortable being 40 officers down, that it's not a significant problem for you to staff patrol and whatnot. And assuming that number to be somewhere in the ballpark of correct, we're not going to be at that number 40 for a very long time. And I bring to your attention, Mr. Manager, the wisdom of protecting the citizens, with some of the people who are in the DROP (Deferred Retirement Option Plan) who then DROP and bringing them back for a temporary period of time in the patrol division, not in a higher position, where you can hire between 25 and 30 of them, 'cause you're certainly budgeted for it, and so that the loss that you have will not be as significant and the patrol status will be uplifted with the additional of 25 to 30 officers. And I'm asking you from the District 2 standpoint and as a Commissioner of the City of Miami, which I think is our biggest charge is to make sure that our citizens are protected, that you consider that type of situation. I think the total amount would be $40, 000 per year per officer. They would get no emoluments, no benefits. The cars are already on -- you know, already there. Let them use the existing cars. They already have their guns. They already have -- In other words, all I'm suggesting to you is it's a defined amount of money, a defined amount of time. This is not the way to permanently resolve a situation. This is a stop -gap measure which will bring us to the ranks of about 40 officers down, which, based on, I'd say, 11 meetings I've had on this issue, seems to be that comfort zone. Anything beyond 40, there is a staffing issue. Anything beyond 60, it's a pretty large staffing issue. Where we are right now is an extremely large staffing issue. Johnny Martinez (City Manager): We'll certainly consider it in general, big picture. I'm not in favor of people DROPing and coming back. However, in this specialized instance of just beat patrol type officers, I think it's worthy of consideration, especially if the safety of our citizens are at stake because of a number, you know. If 40 is the comfort zone that we need we'll certainly try to look at beat officers or patrol officers coming back, whether they're retired or DROP. But in general, I'm not in favor of bringing people back that have DROPed, overall perspective. Vice Chair Sarnoff And let me just say this to you. I share -- actually share your philosophy. You know, once you decide to retire, you pretty much should retire. However, in the condition we find ourselves right now -- I'll yield. Commissioner Carollo: Thank you, Mr. Chairman. And as I listen to this, I agree it sounds good from the beginning, but I think we also have to be cautious. I want to make sure that officers that are brought back are coming back with a commitment that they've always had and not just for a paycheck, you know. And I just -- what I'm saying is sometimes, you know, after being so many years on the job, you sort of burn out a little bit. I want to make sure that, you know, that energy, that, you know, drive, you know, that feeling of helping the community is still there. So it's just a cautious -- a caution, you know. But, yeah, I also, you know, will not mind moving in this direction, but once again, with some caution. I want to make sure that, you know, it's on a base by -- you know, or police officer by police officer, not just a blanket that anyone that's retired, hey, guess what, you could come back and work for the City of Miami and you could get some extra money and -- You understand what I'm saying? City of Miami Page 73 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Vice Chair Sarnoff Absolutely do. Commissioner Carollo: I want to make sure that their heart's also in -- Vice Chair Sarnoff. I do. But you also know that a lot of City of Miami police officers leave and then go work in Doral or go work in other places. So I don't think they consider themselves as being done. But if in fact -- Commissioner Carollo: They may also get a second pension. Vice Chair Sarnoff. But the beauty of this is they're no longer pensioned. They're no longer pensionable. Commissioner Carollo: Yeah, right. But what I'm saying is, when they went to go work for Doral, they went to work for another -- remember, I'm a former law enforcement officer and -- yeah, they retired, went to another municipality, and guess what? They're going to get a second pension once they work their ten years or whatever it is, and each municipality is different. So that's why I'm saying, you know, I want to make sure that if we go this route -- And let me tell you something. I always welcome discussion, you know, thinking outside the box, so I welcome this. I think this is great. But with that said, I want to make sure that, you know, the officers that that we do bring back, if we go this route, you know, isn't just for a paycheck. And like I said, yes, you're right. Some do go work for another municipality. Listen, they're -- you know, they're in line to get a second pension. And believe me, don't think that they don't know that. I mean, they go and they very well know. And I'm not saying -- I'm not taking anything away from them 'cause, you know, I'm the first one to tell you, hey, their job is, you know, second to none. I mean, realistically, you know, they're putting their life on the line and the commitment to the community and so forth. But yes, at the same time, you know, I'm just proceeding with caution. And you know, to a certain degree, just making sure that we're all on the same page. Vice Chair Sarnoff No. I -- if we've lost 2 or 300 officers in the past three years, which I think is about our number, I would like to believe that 25 or 30 out there are worthy of patrolling the streets. And I may be wrong. And I'm not suggesting there be a blanket policy. What I am suggesting is if you're 94 officers down now and you're going to be 94 officers down -- even if it's for three more months, even if it is, and then you're going to go down to 64 officers down, you want to make up that difference some way, somehow. And you're getting a person familiar with policy and procedure, you're getting a person who hopefully still has some drive left in them, somebody who still cares about the City of Miami, and obviously is already taking their pension if they're in the DROP and they've DROPed, and now they're getting an additional $20 an hour is what I think we computed it at. And so that's -- I just think it's worth looking at versus just saying, look, Commissioner, it's just going to take time to get the ranks back up. That's great, but when you listen to the crime issues -- and I've just been through my third crime meeting this week. You know, you sit there and you know in your heart that the patrol is not as beefed up as it was before and I think -- I don't know. I think you may think like me. I think an ounce of prevention is worth a pound of cure. And you know that ounce of prevention's not out there. What other choices do we have? What other kind of thinking should we have? So I just bring it up to you. END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 City of Miami Page 74 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 NA.1 12-00706 NA.2 12-00698 DISTRICT 4 CHAIRMAN FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES END OF DISTRICT 5 DISCUSSION ITEM DISCUSSION BY COMMISSIONER GORT REGARDING THE STATUS OF THE NEW DESIGN CRITERIA FOR THE 17TH AVENUE CORRIDOR. DISCUSSED Vice Chair Sarnoff: All right, FR.1. Commissioner Gort: Before we go on, can I ask Francisco --? Francisco, I've been getting a lot of questions from the people on 17th Avenue. I know you're working on this design criteria, you want to -- we want to create the little -- Santo Domingo. How are we doing on that? Francisco Garcia (Director, Planning): We are doing well, sir. Staff is presently preparing a full package both of proposed aesthetic changes to the corridor as well as specific guidelines that might help future developers to comply with the essential character of the district. We will be ready to unveil those in the next couple of weeks. We look forward to it. Commissioner Gort: Thank you. I appreciate it because I had a couple of people that bought property there and they would like to see -- they would like to comply with that. Thank you, Francisco. Mr. Garcia: Thanks. ORDINANCE First Reading District I - AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 37 OF Commissioner THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED Wifredo (Willy) Gort "MISCELLANEOUS OFFENSES," BY CREATING NEW SECTION 37-9 TO PROHIBIT THE SALE OR DISPLAY OF PRODUCTS MARKETED OR ADVERTISED AS BATH SALTS IN CONTAINERS LESS THAN SIXTEEN (16) OUNCES; PROHIBITING THE SALE AND DISPLAY OF ANY PRODUCT MARKETED OR ADVERTISED AS BATH SALTS IN CONTAINERS LESS THAN SIXTEEN (16) OUNCES WITHIN TEN (10) FEET OF TOBACCO PRODUCTS OR SMOKING PARAPHANELIA; ESTABLISHING A REBUTTABLE PRESUMPTION OF HUMAN CONSUMPTION; PROVIDING FOR DEFINITIONS; PROVIDING FOR PENALTIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 75 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 12-00698 Legislation FR/SR.pdf 12-00698-Submittal-Draft Copy of Ordinance.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez Vice Chair Sarnoff Okay. That leaves us, I think, with boards. Priscilla A. Thompson (City Clerk): Yes. Now you have your boards left as well as your discussion item 1 and your Commissioners' items, your district items. Vice Chair Sarnoff Let's -- you know, I may lose quorum, so I'd rather have the discussion items. You have a pocket item I'd like to bring up. Commissioner Gort: Yeah. Vice Chair Sarnoff Why don't you do it? Commissioner Gort: Okay. I was at a meeting at the League of Cities the other day with some issues were represented and adopted by the League of Cities. In an ongoing fight to keep our neighborhoods safe and drug free, this legislation was drafted. Working with Code Enforcement and the Police Department, I propose the following ordinance. There is a proactive form of legislation to stay one step ahead of the new generation of drugs, and we seeing what's happening with the new generation of drugs and drugs dealers. We have seen all the surrounding municipalities move to enact ordinance addressing the bath salts. We all seen the result of it. This ordinance, it will serve as a preemptive strike on our part to deter any portion that the dealers (UNINTELLIGIBLE) can just move over to our city and set up shop. We'll continue to work closely with the police department in similar efforts to (UNINTELLIGIBLE) to deal with the creative ways that the illegal drug industry can dress up. This is the first step on being proactive as opposed to reactive. And the ordinance is being passed around, and this will be on first reading. Vice Chair Sarnoff All right, is there a motion? Is there a second? Commissioner Spence -Jones: Second Commissioner Carollo: Second. Vice Chair Sarnoff Seconded by Commissioner Spence -Jones. Any discussion? Commissioner Commissioner Carollo: No. This is first reading, right? Vice Chair Sarnoff. Yes. Commissioner Gort: First reading. Commissioner Carollo: Okay. Commissioner Spence -Jones: Well, I just want to -- I (UNINTELLIGIBLE). I wanted to at least applaud Commissioner Gort for his, you know, leadership on addressing this issue. It's not just talking about trying to really figure out something that we must do. And even if it's nothing but us starting the ball rolling, it's really important that we address it. I mean, this incident took place with our police department, you know, this -- and it would only make sense for us to take City of Miami Page 76 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 the first steps. I know that -- I think the County is already doing something already, but I think it's really imperative -- it was imperative for us to at least, you know, do something about it as well. Vice Chair Sarnoff I have an inquisitive question. I guess every question might be inquisitive. Do we have the authority to -- is this more a resolution or is this -- do we have the authority by ordinance to do this? Maria J. Chiaro (Deputy City Attorney): You have the authority by ordinance to do this. What the This'fs, however, may need some explanation for you. And let me tell you this, the ordinance that is before you narrows that which the state law has prohibited and has tried to prohibit in the last two enactments. This is something very particular, directed to a very particular kind of product that's being sold. The County ordinance deals with a much broader kind of prohibition. The ordinance that the County has enacted may or may not parallel state law or be in conflict with state law. But we are comfortable that this ordinance is directed to a particular kind of product and packaging. And the staff of Mr. Gort's -- of Commissioner Gort's office and our police legal advisor, George Wysong, has worked very articulately on the kind of language that is in this ordinance so that we believe it passes constitutional muster and it is not in conflict with state law, but narrows that which state law prohibits. Vice Chair Sarnoff. What is the penalty? I'm looking for the penalty section. Ms. Chiaro: The penalties are as the same as the penalties in our third degree misdemeanor and we can tighten those up on second reading. We did this in the past two days, but we'll look at those penalties, provisions of our code section. So this is a violation -- a criminal violation of the City code. Vice Chair Sarnoff Right. And I'm just -- I'm trying to be helpful and not obstreperous, but my recollection of criminal law, in order to be a crime, you must specifir it to be a crime in your ordinance. Ms. Chiaro: That's a correct statement. Vice Chair Sarnoff I just don't see the specificity here. Ms. Chiaro: Okay. If in fact it's not there, then we'll make sure that that's consistent when we -- Commissioner Spence -Jones: Have a second reading. Ms. Chiaro: -- put it in place. Vice Chair Sarnoff Okay. Well, I think it's a great idea. I applaud him for it. I just want to make sure that on second reading it has the necessary criminal elements to it. Commissioner Gort: Also, on the second reading, we'll have the enforcement. It'll be -- it can be enforced by Code Enforcement and Police at the same time. That's why the NET (Neighborhood Enhancement Team) is so important to work as a team. Commissioner Spence -Jones: Yes. Vice Chair Sarnoff. All right. Madam City -- We had a motion; we had a second, correct? Commissioner Spence -Jones: Yes. Vice Chair Sarnoff Madam City Attorney, it is an ordinance. City of Miami Page 77 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Before your roll call, Vice Chair, we do need to open up a public hearing. Vice Chair Sarnoff I'm sorry. Anyone from the public wishing to be heard on pocket item number one under District 1 blue pages, please step up. Hearing none, seeing none, the public hearing is now closed. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. NA.3 RESOLUTION 12-00707 A RESOLUTION OF THE MIAMI CITY COMMISSION CONGRATULATING COMMISSIONER WIFREDO "WILLY" GORT ON THE BIRTH OF HIS SECOND GRANDCHILD, ZOE MASCARO. Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-12-0230 Commissioner Gort: (UNINTELLIGIBLE) not be able to stay until after 3. As you are aware, my daughter had a C-section (Cesarean) this morning. I have the -- another granddaughter that I would love to go see at the hospital so -- Vice Chair Sarnoff. What are you going to name her? Commissioner Gort: Zoe. Vice Chair Sarnoff Suly? Commissioner Gort: Zoe. Vice Chair Sarnoff How many is that for you? Commissioner Gort: That's the second one. Vice Chair Sarnoff. Wow, congratulations. [Later..] Vice Chair Sarnoff All right. Commissioner Gort: I apologize, but I have to leave. Vice Chair Sarnoff For -- Say the name again. Commissioner Gort: Zoe. City of Miami Page 78 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 NA.4 12-00709 Vice Chair Sarnoff Zoe. Commissioner Spence -Jones: So cute. Commissioner Gort: I got to go welcome Zoe. Vice Chair Sarnoff. Everybody -- Commissioner Carollo: Congratulations are in order.. Vice Chair Sarnoff Let's pass a resolution congratulating Commissioner Gort on his second grandchild. Applause. Commissioner Carollo: So move it. Commissioner Gort: Thank you. Commissioner Spence -Jones: Second. Vice Chair Sarnoff All in favor, please say "aye. The Commission (Collectively): Aye. Vice Chair Sarnoff All right. Applause. Commissioner Spence -Jones: And guess what, Commissioner Gort. You will now have baby changing stations, so you can bring him [sic]. Commissioner Carollo: That's right. DISCUSSION ITEM DISCUSSION REGARDING THE PURPOSE OF THE JUNE 19, 2012 SPECIAL CITY COMMISSION MEETING. DISCUSSED Direction by Commissioner Spence -Jones to the Administration to prepare a full analysis and breakdown of other Section 108 loans issued by the City and how they have been handled in the past prior to the June 19, 2012 Special City Commission Meeting. Commissioner Spence -Jones: And I just wanted to at least put on the record before I leave -- I know that we will see each other again on the 19th. Is that next Tuesday? Vice Chair Sarnoff Yeah, for a special meeting. Commissioner Spence -Jones: Okay. Mr. Manager, I just -- Vice Chair Sarnoff Just play both roles. Commissioner Spence -Jones: Okay. City of Miami Page 79 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Vice Chair Sarnoff Play both roles, Madam City Attorney. Commissioner Spence -Jones: I'm sorry. No problem. I just want to make sure as we go into the meeting on the 19th -- I understand that it's, you know, definitely going to be a pretty interesting conversation on the 19th. I know -- I've gotten a briefing from both you and Manager on this overall issue. I would like to ask the Administration to provide me with a breakdown on -- for -- on Tuesday, if we can, as a part of that briefing, any analysis you have on other Section 108 related loans that we've had in the City of Miami or we currently have in the City of Miami. I'd like to get that -- have that analysis before we start the meeting to see how we addressed those other issues as well. I just would like to have that information. You got me, Johnny? Do I need to repeat it? Johnny Martinez (City Manager): (UNINTELLIGIBLE). Commissioner Spence -Jones: Okay, just to see how we actually address it. I'm not going to get into all of the details today, because I think that's what June 19 is going to be about. But what I would like to say, though, in closing to my fellow colleagues, you know, that I just -- I have a real concern with the double standards that take place when we make decisions on major projects that we fund by way of you know, the Section 108 through the federal grant programs. I mean, clearly -- and again, we're in it so we have to deal with it. But clearly, the main focus of those grants is to really make sure we serve the underserved. And I think we've jumped through so many different hoops to support what's happening on the island, and I would just hope the Administration goes into that meeting providing us with all the necessary information to really make a educated and informed decision. And I'm not really sure -- I'm assuming the reason why it's on the agenda is because the Chairman felt that we needed to discuss it. Is that correct, why Mr. Martinez: Correct. Commissioner Spence -Jones: -- we're having a special meeting on it? Mr. Martinez: And you should have a memo from me stating the reasons why we're recommending what we recommend, and that's in the memo. Commissioner Spence -Jones: Right. But the reason why we're having the special meeting, I'm assuming -- 'cause I know at one time when we talked about it, you were not all -- Administration was not all comfortable with proceeding with any -- Mr. Martinez: Correct. We needed some detailed analysis of the different paths that we need to take, whether we foreclose or -- on the loan or go out of our way to facilitate -- Commissioner Spence -Jones: I like the way Johnny says "out of our way." Did you hear that? Out of our way to facilitate. Mr. Martinez: Right. Commissioner Spence -Jones: So -- Mr. Martinez: And we want to make sure that we recommend the right business decision for the Commissioner Spence -Jones: Okay. Mr. Martinez: -- City. But I think you're right. We need to look at other Section 108 loans and City of Miami Page 80 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 make sure we're treating them the same. Commissioner Spence -Jones: Okay. And that's really what I really wanted to make sure. And then in closing on this whole issue -- and I don't know where George is, but I'm sure he's somewhere in the back. I know I have a meeting with the County on the day before this meeting on the 19th to discuss just what we're talking about now. So any time that I could get that information prior to, you know, that meeting on the 18th, at least some sort of analysis, we should have all of that, I would greatly appreciate it. Okay. [Later...) Commissioner Carollo: And by the way, before Commissioner Spence -Jones leaves, I have a question. With regards to Parrot Jungle, why wasn't it a regular agenda item? Commissioner Spence -Jones: That's what I asked the question. Commissioner Carollo: And -- Commissioner Spence -Jones: (UNINTELLIGIBLE). Commissioner Carollo: Right. Because, in all fairness, I'm scheduled to be out of town. I'm trying to make -- rearrange and see if I could be here, but I'm scheduled to be out of town. So -- and I just don't know why a special Commission meeting. Why didn't it go into a regular agenda? Mr. Martinez: To have a discussion item to air out all the drfferent facets of the term sheet and the path that the Admini -- to explain the path that the Administration wants to take regarding the Jungle Island people not living up to the terms of their lease and the things that they're demanding from us in order for them to continue to be in business. And I thought it was complicated enough that we needed to air it out in front of the Commission as a discussion item so that we can proceed. Commissioner Spence -Jones: But let me -- I'm sorry. Commissioner Carollo: Again, I just don't see why a special Commission meeting. Why couldn't it have gone to a regular --? Commissioner Spence -Jones: Was it you that called -- did you call the special --? Mr. Martinez: No. I think the Chairman did. Commissioner Carollo: Chairman did. Commissioner Spence -Jones: And he just felt uncomfortable with it not -- he felt that this item was big enough for it not to be a single item on the agenda? Mr. Martinez: Correct. Vice Chair Sarnoff. Well, think about -- Well, could I just say something 'cause I may have had a little input into this. Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff. You know, think about if -- first off if we decide not to take the recommendation of the Administration, which is new, that only came out a day or two ago, it was City of Miami Page 81 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 going to have to then come back to us and then go out to the voters 'cause it was required a referendum, so you know that time crunch we're under with that. Commissioner Spence -Jones: Okay. Vice Chair Sarnoff And so if we just heard it on a Commission meeting, we would have had to get the language down. Everything would have had to been done at that time, at that moment. Now supposing you don't -- supposing you're a little bit not -- I don't want to reveal how I feel 'cause I have no -- I haven't been briefed and I have -- Commissioner Spence -Jones: I don't have a problem with telling you how I feel. You know how I feel, so -- but it's okay. I'll hold off on the 19th, but go ahead. Vice Chair Sarnoff I know this, whatever decision we make is a bad decision 'cause there's ramifications to anything we do, big ones. Big ones to the general fund, big ones to the issue you're concerned with, the right use of that money. There's no right decision to be made here. And I -- you know, I was the one saying to the Manager, I think this warrants two or three hours of discussion -- Commissioner Spence -Jones: Okay. Vice Chair Sarnoff -- just so that we know -- eyes wide open, as they say -- supposing you decide, you know what, it was an inappropriate use of the money; I don't approve it. I can't live with that Commission did. What's the result of our action? 'Cause the result of our action is going to mean a general fund hit. And if we do the opposite thing, they have a lot of work to do, and they're probably going to have to bring something back to us at the next Commission meeting. So, I mean, I certainly promoted the idea. I don't want to stick it all on the Chair. And it's not because I've decided one way or the other. I really have not been briefed. I'll be candid and honest with you guys. I want to sit down with our former City Manager, Carlos Migoya, 'cause I've never had to do a workout of this size. He's done hundreds of these kinds of things. I want to know if we let it go, how does it work out? What are the remedies? What are the ramifications? Who operates it? How would it be operated? Under what terms would it operate? It's a pretty big decision for this Commission to make. Commissioner Spence -Jones: I just think that -- and this is something that we've been talking about for months now, at least from the Administration side of it. You know, the Section 108, you know, loan itself, you know, just in general, we need to make sure that we have somebody on our team that understands these regs. And not taking anything away, I think part of our issue is we don't have anybody really on the team that has that kind of institutional knowledge to address these issues. And we talked -- I believe we talked about this a few months ago, you know, Julie, just in general. It's -- you know, I'm just concerned with us even having, you know, the in-house -- and there's George there. Just the concerns on just the Section 108 thing, period. You've been working on this for months, right, and trying to address it. And I just really want to make sure that we have everything we needed and everything that it takes to actually make sure we're looking at not only this deal we have but other deals that we have to make sure we're handling them properly. And I don't know if we're going to have that -- I'm assuming you're just going to provide us with an update on Tuesday with -- correct? Have you been involved in this process? George Mensah: George Mensah, director of Community Development. Commissioner Spence -Jones: With what they're presenting? Mr. Mensah: The process I've been involved -- the assistant City Manager, and I think we had a meeting two days ago on this, and I've been involved and I've reviewed the terms sheets and everything. My main concern in the whole thing is the Section 108 loan. And it looks as if, City of Miami Page 82 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 under what I've seen, it's something that will be taken care of so -- Commissioner Spence -Jones: That we can take care of? Mr. Mensah: That -- what I've seen, it will be taken care of in the structure -- restructuring of that particular loan, which is the most important part that I oversee. Commissioner Spence -Jones: Involved in. Mr. Mensah: Yes. Commissioner Carollo: And -- however, I just want to -- I want clarification. The special Commission meeting, it's just going to be a discussion item, right? It's just to discuss. Commissioner Spence -Jones: We're not voting on anything. Commissioner Carollo: There's not going to be a vote. Mr. Martinez: No. Commissioner Carollo: It's just discussion. Mr. Martinez: It's a discussion to air out the different -- Commissioner Carollo: Okay. Mr. Martinez: -- paths that the -- Commissioner Carollo: Okay. Mr. Martinez: -- the path that the Administration's recommending versus doing the opposite. Commissioner Spence -Jones: And is the intention to have it on the last meeting in June or the first meeting in July, since we are dealing with a time crunch issue? Vice Chair Sarnoff I think you have to have it by June to make the referendum, don't you? Alice Bravo (Assistant City Manager/Chief of Infrastructure): Since this is a discussion item on the 19th, you'd be able to vote on the actual term sheet the 28th. Vice Chair Sarnoff Right. Ms. Bravo: And that gives everybody a green light to actually work on amended lease and ballot language that would be voted on July 12 in order to meet the deadline for the referendum. Commissioner Carollo: And mind you, here we go again. I just want to put this in perspective. Next Commission meeting, I have a feeling there's going to be some other important items, financial items. So I just want to see the timeline that this Commissioner and this Commission has to go through what many in the Administration already has stated as a complex financial dealings. So I want to also put in perspective what's the timeline that this Commission has to digest the information and make a prudent decision because it just seems like this is now really fast -tracked. And that's why I just want to make sure that the special Commission meeting will just be a discussion item. Ms. Bravo: Yes. City of Miami Page 83 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 Commissioner Carollo: There will be not any votes. Ms. Bravo: No. Commissioner Carollo: Okay. That -- Vice Chair Sarnoff All right. Okay. NA.5 PRESENTATION 12-00711 NA.6 12-00713 VIDEO PRESENTATION BY VICE -CHAIR SARNOFF REGARDING THE MOVE OF 16 HISTORIC TREES BY SWIRE PROPERTIES AT THE REQUEST OF THE CITY COMMISSION TO MUSEUM PARK. PRESENTED Vice Chair Sarnoff The other thing I'd like to do as a pocket item -- And, Commissioner, you don't need to sit here if you don't want to. But we have been railed by some in the City about our lack of concern for trees. And I wanted to put on a video that demonstrated just how much this City is concerned about trees. And this is surrounding the Swire Properties project, and I believe it was 16 of the largest trees in the City of Miami were moved and moved at the request of this Commission. If you remember when they came in front of us in July and we said there are a number of trees that are worth looking at, and they took it upon themselves at their own expense to barge 16 very large trees down the river and drop them off at Museum Park or Bicentennial Park, whatever you want to call it. So I just thought it might be worth, Mr. Manager, just to play a short video. Commissioner Carollo: I'll watch from my office. Vice Chair Sarnoff Absolutely. You don't need to be here. Commissioner Carollo: 'Cause you know at lunch time we were doing something else so I just haven't eaten lunch. At this time, an audiovisual presentation was made. Vice Chair Sarnoff Thanks, Mr. Manager. I just wanted to bring to bear for those who criticize us up here or criticize the City of Miami about not caring about trees and developers as well and, out of one statement and one gesture by this Commission on July of 2011, and you're looking at 16 of the largest trees in Miami being moved by barge. We tried to find a comparison to any city in America that's done this. We could not find anything of this magnitude. I just want to give kudos to Swire Property [sic]. I want to give kudos to your office for helping and establishing this. And it's a good demonstration of how much we in the City of Miami value our tree and our canopy. So I want to thank you for that. Johnny Martinez (City Manager): That was awesome. We went out on a limb and it paid off. DISCUSSION ITEM VICE -CHAIR SARNOFF THANKED ALBERT SOSA, DIRECTOR OF CAPITAL IMPROVEMENT PROGRAMS (CIP), AS WELL AS, CARLOS VASQUEZ, PROJECT MANAGER AND ORLANDO DIEZ, CONSTRUCTION MANAGER, FOR THEIR DEDICATED WORK ON THE City of Miami Page 84 Printed on 7/5/2012 City Commission Meeting Minutes June 14, 2012 1814 BRICKELL PARK PROJECT. DISCUSSED Vice Chair Sarnoff And last thing, if I could, Mr. Manager. I want to thank everybody, by the way, for coming to the 1814 Brickell Park. I didn't mention three people out there who, really, I should have mentioned, and maybe it's best that I do so on TV (Television). First and foremost, Mr. Manager, Albert Sosa, the head of CIP (Capital Improvements Program), I didn't mention his name; absolute pure omission on my part. Albert probably -- we probably went through each other's cell phones together. We probably should have had a walkie-talkie versus a cell phone on that -- just with regard to that issue. Albert was great. He had to calm down a very exercised Commissioner a lot of times; met me out at that park on Saturdays and on Sundays. We probably walked that park a dozen times together. I'm a pretty critical guy and Albert listened to the criticism and he did so, just as anybody should listen to a Commissioner, with a little bit of jaundice in his eye, but a lot of humbility [sic], if you will, or humbleness. So I want thank Albert Sosa from the bottom of my heart because he's had two of the most difficult projects of mine, the pink wall, which, as you know, started last night again to completion, and 1814 Brickell. So, Albert, from the bottom of my heart, I want to thank you. Also, there were two people onsite there who were there all the time, Carlos Vasquez and Orlando Diaz. And Orlando has been a great help to me, takes all my phone calls. I don't instruct him. I just make suggestions, Mr. Manager. And Carlos, as well. 1814 Brickell was a -- is going to be something that we're all going to live with for a very long time. From the bottom of my heart, I want to thank you, Mr. Manager, for giving me three great people to work with. Johnny Martinez (City Manager): Thank you, sir. Vice Chair Sarnoff Thank you. Priscilla A. Thompson (City Clerk): Sir -- excuse me. Vice Chair, are we adjourning the meeting? Vice Chair Sarnoff. We are adjourned, Madam Clerk. Ms. Thompson: Thank you. The meeting adjourned at 3:08 p.m. City of Miami Page 85 Printed on 7/5/2012