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HomeMy WebLinkAboutCC 2012-07-12 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Di • -sash. I° r • IN O9P I9 1i: Meeting Minutes Thursday, July 12, 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 July 12, 2012 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM -APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PA - PERSONAL APPEARANCE PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS ES - EXECUTIVE SESSION BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City ofMiami Page 2 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gort, Vice Chair Sarnoff, Commissioner Carollo, Chair Suarez and Commissioner Spence -Jones On the 12th day of July 2012, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Suarez at 9:00 a.m., recessed at 12: 00 p.m., reconvened at 2: 00 p.m, recessed at 2: 02 p.m., reconvened at 3:30 p.m., recessed at 5:25 p.m., reconvened at 5:30 p.m., and adjourned at 8:12 p.m. Note for the Record: Commissioner Gort entered the Commission chambers at 9: 04 a.m., Commissioner Carollo entered the Commission chambers at 9: 05 a.m., and Commissioner Spence -Jones entered the Commission chambers at 9: 06 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Todd B. Hannon, Assistant City Clerk Chair Suarez: Okay, welcome to the July 12, 2012 meeting of the City ofMiami Commission in these historic chambers. The members of the City Commission are myself Francis Suarez, the Chair, Marc David Sarnoff, the Vice Chair, W fredo Gort, Commissioner Frank Carollo, Commissioner Michelle Spence -Jones. Also on the dais are Johnny Martinez, the City Manager, Julie O. Bru, the City Attorney, and Todd Hannon, the Assistant City Clerk. The meeting will be opened with a prayer by myself and the pledge of allegiance by Commissioner Sarnoff. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Suarez: Approval of the minutes of the June 14, 2012 Commission meeting. Is there a motion? Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Gort. Is there a second? Vice Chair Sarnoff. Second. Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. All in favor, signift by saying aye." The Commission (Collectively): Aye. END OF APPROVING MINUTES City ofMiami Page 3 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 MAYORAL VETOES NO MAYORAL VETOES Chair Suarez: Are there any mayoral vetoes, Mr. Clerk? Todd Hannon (Assistant City Clerk): Chair, there are no mayoral vetoes. Chair Suarez: Yes, Yvonne is here. Okay, yeah. Okay. Commissioner Carollo: The -- Chair Suarez: Yeah. Commissioner Carollo: -- consent agenda. Chair Suarez: Yeah, yeah, we're going to get to the consent agenda. There's no mayoral vetoes? Mr. Hannon: No, sir. Chair Suarez: Okay, good. City ofMiami Page 4 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 ORDER OF THE DAY Direction by Commissioner Gort to the Administration for the Department of Public Facilities to track the City's leases, to ensure that Requests for Proposals (RFP's) are issued at least six months prior to the lease's expiration date. Direction by Commissioner Spence -Jones for the Administration to bring back legislation that defines the RFP process and allows for the City Commission to provide their input by incorporating Sunshine meetings. Chair Suarez: Madam Attorney, can you please state the procedures that will be followed during the meeting. Julie O. Bru (City Attorney): Good morning. Thank you, Mr. Chair, Commissioner Sarnoff, Todd, Mr. Manager, members of the public, Mr. Mayor. Any person who's a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and online at ww.miamigov.com [sic]. Anyone wishing to appeal any decision made by the City Commission at this meeting or any other matter considered at this meeting may consider a verbatim -- may need a verbatim record of the item. Please, no cell phones or other noise -making devices. Silence them now. Any person making offensive remarks or who becomes unruly will be barred from attending future Commission meetings. And any person with a disability that requires auxiliary aids, please see the City Clerk. Thank you, Mr. Chair. Chair Suarez: Thank you, Madam Attorney. I don't know if there's any presentations or proclamations. Is there any in today's agenda, Todd? Todd Hannon (Assistant City Clerk): I have nothing, sir. Chair Suarez: And by the way, I have to also -- I didn't -- I failed to mention that our City Clerk today is Mr. Miami Heat, Todd Hannon, so sorry about that. You're such a meek guy that, you know, it's -- you're omnipresent and we always know you're there, but you're -- that's a compliment by the way. Mr. Hannon: And it's not one, not two, not three. Chair Suarez: That's right. There you go. There you go. Awesome. So, obviously, we can't proceed until we have a quorum of the Commission. I've been informed that Commissioner Willy Gort will be here shortly, and as soon as he arrives, we'll start taking up the business of the City Commission. Thank you all for your patience, and we'll wait here for everyone. Don't you just love the awkward silence? Vice Chair Sarnofff. I'm trying to think if it's worth saying anything. Mr. Mayor, how are you? Mayor Tomas Regalado: Good. Vice Chair Sarnofff. Why don't you address us? Chair Suarez: Is there anything else that we can take up? Vice Chair Sarnofff. See, you're a radio personality; you could fill the air. Chair Suarez: Well, I can tell you that I'm deferring my discussion item, D4.1. I think we have enough to deal with today. City ofMiami Page 5 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Vice Chair Sarnoff I will be at least susceptible to deferring all mine, if the need be. Chair Suarez: Right. Time dependent, right? Vice Chair Sarnoff Time dependent. Chair Suarez: Well, we have a quorum now, so is there --? Let me see if I'm missing anything. There's no proclamations. Okay, before getting started on the consent agenda, does any Commissioner wish to have any item removed from the consent or regular agenda? Vice Chair Sarnoff Mr. Chair. Chair Suarez: Yes, you're recognized, Mr. Vice Chair. Vice Chair Sarnoff I'd like to pull CA.4 for discussion. Chair Suarez: Yes, and I'm glad you did. Commissioner Gort: I was going to do that. Chair Suarez: Okay. I've never gotten so many e-mails (electronic) on a consent agenda item in my entire life, so kudos to you. Okay. And does the Administration have any items which they wish to remove, withdraw, or defer from the agenda? Johnny Martinez (City Manager): Yes, Mr. Chair. Chair Suarez: You're recognized. Mr. Martinez: Slowly. Chair Suarez: Okay, please. Mr. Martinez: PH.4, defer to July 26. Chair Suarez: Yes. Mr. Martinez: PH.5 -- Commissioner Gort: Wait a minute. Wait a minute. CA.4? Chair Suarez: No, PH.4 Mr. Martinez: P. Commissioner Gort: Oh, PH.4. Mr. Martinez: P. Chair Suarez: Public Hearing 4. Mr. Martinez: PH.4, defer to July 26; PH.5, defer to July 26; PH. 6, withdraw; PH.7, withdraw; RE.1, defer to July 26; RE.5, withdraw; and DI 2, defer to July 26. Chair Suarez: Let me get the last one. I'm sorry. DI 2. City ofMiami Page 6 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mr. Martinez: Defer to July 26. Chair Suarez: Okay. Let's -- Commissioner Gort: What was -- Chair Suarez: -- reread them again because -- Commissioner Gort: -- that again, DI 2? Chair Suarez: -- we have two more Commissioners here. Mr. Martinez: Okay. I'm going to start. Chair Suarez: Give 'em a second to get settled in. Mr. Martinez: Okay. Chair Suarez: You ready? Okay. Commissioner, you're ready? Okay. Mr. Martinez: Okay. Chair Suarez: Can you please read them out for her -- Mr. Martinez: Yes. Chair Suarez: -- for her and for his benefit? Mr. Martinez: PH.4, defer to July 26; PH.5, defer to July 26; PH. 6, withdraw; PH.7, withdraw; RE.1, defer to July 26; RE.5, withdraw; and DI 2, defer to July 26. Chair Suarez: Yeah. And l just want to restate for the Commissioners who are here that I'm deferring my discussion item, D4.1. Commissioner Carollo: Mr. Chairman, can we go over it one more time -- Chair Suarez: Yeah, of course, of course. Commissioner Carollo: -- 'cause -- Mr. Martinez: Yes. Commissioner Carollo: -- there's quite a few items? Mr. Martinez: Okay. PH.4, defer to July 26; PH.5, defer to July 26; PH. 6, withdraw; PH.7, withdraw; RE.1, defer to July 26; RE.5, withdraw; and DI2, defer to July 26. Mr. Hannon: And, Chair, just to remind the Commission, Vice Chair Sarnoff will be pulling CA.4 for discussion. Chair Suarez: That's right. Thank you. And we'll -- we're going to take a vote on this and then we'll go there. Go ahead. Do you want some more clarification? Commissioner Carollo: One of those that I would like to discuss a little bit, PH.4, PH.5, PH.6, City ofMiami Page 7 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 and PH.7. I see that two of them are being withdrawn and one is being deferred and -- I'm actually wondering how much discussion I should have on this or not. I know in my briefing with the Manager, he mentioned that I've been quite quiet on -- that he's noticed I've been quite quiet on this, andl confess that I've been pretty disgusted with this whole process. You know, something that I've learned that no matter how much schooling, no matter how many degrees, you just can't teach gut feelings. And from the beginning, you know, I really, unfortunately, saw that this was going to be a mess, andl think the writing was on the wall on a lot of things, from rushing the RFP (Request for Proposals) process, no financial analysis, which, by the way, I still have not received a financial analysis that has been requested time and time again. Andl know in a previous Commission meeting we all talked about movies, and you know, the one that keeps coming up to mind to me is Groundhog Day, which, I will confess, I did not finish seeing. After the same thing happened two or three times, I got tired and it just moved on. But once again, I've asked for the financial analysis andl keep hearing the same thing: we got it, Commissioner. We got it, Commissioner. But it's not being produced. So, you know -- and I'll go a step further. In Commission meetings here, I have definitely discussed with regards to the RFP process the Commission, we being involved, how much can we be involved. I know that we've mentioned it with regards to us seeing the RFP because -- and I've given examples when the trolley system occur. You know, our -- the president of one of the unions came forward with a very good idea or a way that we could save process with the maintenance, and the bottom line is we couldn't break up the RFP. And now -- you know, and after speaking about that, you know, I've come to realize and, to a certain degree, through a way that, you know, it's a little baffling to me because I really don't pay much attention to them, but through a blog that there's a different process that the City Commission could have been involved called the DSP [sic]. You know, in all fairness, you know, at the very least, I think the Administration has -- Chair Suarez: It's the UPD [sic]. Commissioner Carollo: Yeah. I don't know the acronym, but the bottom line is -- the concept is that there is another way that we could have all been more involved. And the truth of the matter is, even when I've brought it up on several occasions, even with Commissioner Gort saying listen, yeah, before an RFP goes out and -- you know, andl don't want to put words into his mouth or -- and I'm sorry for paraphrasing -- you know, it should come to this Commission and we should at least be able to take a look at it. Not once has the Administration come to us and said, hey, there was a different method of doing this. You know, we could have had more involvement. So I'm just, I guess, pretty disgusted with this whole thing. I see once -- one of them is being withdrawn. I don't know what -- if -- what's the intention of this -- behind this or not. The other one's being deferred. I'm hearing that one's going to be disqualified or has been disqualified; that the other one may also; and the issue with the taxes. And l just -- it's just not a good feeling and it really does not make the City look good. Chair Suarez: Yeah. And, you know, I don't think we -- any one of us here want to beat a dead horse, but -- Commissioner Carollo: Right. Chair Suarez: -- think we've all, in our respective briefings, I guess -- I know I have -- expressed serious misgivings about the way this process was handled from beginning to end, from the lack of policy input, you know, to the criteria that was created to establish how to grade the RFP to the members of the selection committee that were actually chosen to the number of the days that they actually did their due diligence on the RFP before making a selection. Commissioner Carollo: And ifI may, do financial analysis. Chair Suarez: Right. City ofMiami Page 8 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: And it seems like with this other process, that was never afforded to this Commission but could have been. We could have had a certified public accountant on board. So -- and I'm sorry, Commissioner Suarez. Chair Suarez: No, no, no. Andl -- Commissioner Carollo: I just want to make sure I point that out. Chair Suarez: -- think we're all on the same page. You know, Commissioner Gort, as you mentioned, has talked about this before. I remember discussing this issue as far back as when we selected our auditor, our external auditor. I said -- I had a disagreement with how the scoring criteria was. I thought it should have been weighted more in favor of price because I thought all the firms were equally qualified so that we should be more price -sensitive and of course we were not. And we've talked about -- we've harped on it. All of us here at one point or another have harped on that issue that we should be -- and particularly on big ones. Obviously, if you're buying pencils and pens, it's -- you know, we don't have the time to do that, but on things that are going to change materially the way the City ofMiami looks and feels, I think makes -- it's on -- it actually makes sense for the Administration too because it kind of acts as a CYA almost in effect because, you know, they've involved us in the process and we've given them direction and then we -- you know, when we're confronted with a decision, we don't second-guess everything that's been done. So anyhow -- Commissioner Gort: Mr. Chairman. Chair Suarez: Commissioner Gort, yes, and then Commissioner -- Commissioner Gort: One of the things that -- I think we all have the same problem. I think this is a big decision has to be made. But one of the things I'd like to request, if we can make it by resolution or however, we have -- the Public Facility [sic] has got to make sure it's on top of all the leases, and we have a new person who's working on it today quite a bit; that any RFP should come out six months before the lease is up. I mean, this lease that we're going to be dealing with today, I got e-mails (electronic) going back to about a year, year and a half requesting let's do the RFP as soon as possible, not right afterwards. Chair Suarez: And I think not only -- Commissioner Gort: We have -- if we need to pass a resolution, we need to do it. Chair Suarez: Not only do we have to -- I agree with you. And not only do we have to start early but the recommendation has to be given to us early enough also so that we could, you know, not be up against a deadline. And then I understand in this particular process we had this deadline of the election process, but as you mentioned, Commissioner, we could have started earlier, you know, so that's another issue, you know. Commissioner Spence -Jones, do you want to chime in on this? Commissioner Spence -Jones: Yes. Good morning. Chair Suarez: Good morning. Commissioner Spence -Jones: Again, I'm not going to just continue to beat the dead horse. I think that the Administration understands that the Commission definitely wants to be more involved in the RFP process and especially when we're talking about something of this magnitude. But what I do want to at least add on -- add to the discussion is I know that one of the reasons why, based upon my briefings and us all sitting up here, that this thing was being rushed was because of the need, andl don't know if Madam City Attorney could chime in on it. City ofMiami Page 9 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Based upon whatl was briefed on. The need if we were going to make any changes or because of a Scotty's existing lease and a tax issue that was centered around the Scotty's related issue that there was a recommendation that if we were going to take this to referendum, that there had to be a rush placed on this issue regarding the RFP. Because every time this issue came up on the dais, you know, my conversation was always the same. You know, I wanted to make sure that there were key things that were included in the RFP process, and it's always the same thing for me: Small businesses; you know, making sure that the local workforce has an opportunity to participate in these major projects. So even though in our last Commission when we discussed this issue because it came up, I was told by the Administration during the actual Commission meeting that we would address the issue after the winning, I guess, recipient was selected; then we can add these things as a part of their overall contract and agreement. But I agree with Commissioner Carollo. And we had this conversation as well, Johnny, during our briefings, that, you know, we're here because there are key things that we asked for or requested from the RFP process that just didn't happen and now we're kind of faced with, you know, what do we do next. My opinion on all of this -- andl just want to be clear, andl don't know which one of you can answer it. I know that we're withdrawing the item for now. I'm speaking of 6 and 7 first, because I understand that 4 and 5, you guys are -- Henry, you guys are working on that and that it's really kind of -- probably in the next City Commission meeting, we should be fine with that particular item based upon my briefing yesterday, so you have made some headway on that one. Henry Torre (Director, Public Facilities): Yes, we have, Commissioner. Commissioner Spence -Jones: Correct? Mr. Torre: Yes, we have. Commissioner Spence -Jones: So -- andl just think that even though we're not -- even though the items are not being dealt with today, I think that it's extremely important for us at least to have a discussion about it because we're not going to have a time -- we're not going to have time to discuss this before -- you know, openly before the next City Commission meeting. And I'm assuming that, once again, we're going to have to make a decision at the next City Commission meeting on this issue to put it on -- to have at least this particular one go out to referendum, if that's what we're looking at doing. I just don't want to be in a situation where if the goal is to at least make sure one goes to referendum, okay, and we're rushed again on July 26 to make a decision, I would rather know that -- know what -- where we are now so at least we got two weeks to, you know, at least get more information, Commissioner Carollo can get more data, more of the key details that we all may need before we vote on this issue on the 26th. I just don't want this to come back up on the 26th and there's still certain things that we don't know as a whole, so that is my concern on 4 and 5. On 6 and 7, just in general, I just think -- you know, I told the Manager, if this is coming back to us on the next City Commission meeting for whatever reason, then, you know -- and if there is a push by this Commission to have that come up for referendum in this upcoming cycle, then I think we do need to be clear of what the key issues are now. Personally -- andl don't know how my other colleagues feel about it -- I don't feel good about the process at all, andl told you this in the meeting, Johnny. I don't want to rush something that is so important. And -- Commissioner Gort: Yes. Commissioner Spence -Jones: -- as far as I'm concerned, if there is a choice or I have a choice in the matter, I would rather the process just go back out again, and then I would rather chime in before all of this gets started so that at least the key issues or elements that think are important that should be included in the RFP process are included -- I mean, are included in the overall issue. In closing, I just want to say this one thing. I mentioned to the Administration yesterday -- 'cause we keep talking about making sure we have a -- have participation in the process, you know, andl know it's difficult to get all five of us at one time to get our input on all these RFPs City ofMiami Page 10 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 that have to go out from the City's perspective, so I asked the Administration to put together some sort of legislation that would be brought in front of this body that basically says either -- even if it's, you know, key sunshine meetings that we have to discuss the RFPs that we're preparing all at one time, and even if we can't make it but our staff members can make it, at least we're all in the room at the same time. If it's quarterly, you know, bi-annually, whatever way you want to do it, the Manager feels -- I just don't want to stop the progress of what you need to have done in the City because we're holding you up trying to figure out, you know, whether or not certain RFPs work. I think if we put a process in place, you know, every other month we're looking at -- these are the RFPs that have to come out, all of us are invited to participate; it's a sunshine meeting, you know, at that particular moment, and then we can all add what we want to add to it, and in that way, the Administration is not slowed down from the process. So I just think that we do -- I'm going to ask the Administration to put together some sort of process, bring it back in front of the City Commission to deal with RFPs so that we can all vote and agree upon that issue so we're not dealing with this every time something goes wrong. So on 6 and 7, my recommendation, honestly, you know, if it didn't start out right, it's not going to end right. I would rather for us to just start all over and put a new process out -- a new RFP out. Mr. Torre: Commissioner, just to -- Chair Suarez: Wait, wait. I think the Commissioner wants tojump in on one point related to this. Commissioner Carollo: Yeah. I just want tojump on one point, andl guess that's why I started this conversation because -- actually, it was two -told. One, because I am expressing my disgust with this, and the second part was, okay, where are we going from now on? I see that the Manager has withdrawn -- withdrawn means, okay, it's gone. But there's no explanation. Is it coming back again in the next Commission meeting? Is it not? Andl think that's -- Mr. Martinez: I can answer that. Commissioner Carollo: And that's why, you know, I opened up, and that's, you know, the discussion that I want to have. Because, realistically, where are we going with this? And then I want the get into the substance of could we have used another process and so forth. Chair Suarez: Okay. I'm going to let the Manager answer and then I'm going to go recognize Commissioner Gort. Go ahead. Mr. Martinez: First, we could have used another process. And all the comments are valid and they're not falling on deaf ears. And we're going to look at a process where we will have sunshine meetings so we can get all the input from all the Commissioners and structure our RFPs accordingly. I don't need -- I don't believe that we need to do that for every RFP, but for RFPs that certainly change the landscape of -- Commissioner Spence -Jones: Yeah. Mr. Martinez: -- what our -- Commissioner Carollo: Absolutely. Commissioner Spence -Jones: Magn. Mr. Martinez: -- our City's going to look like, definitely a Flagstone; a Jungle Island at the beginning; this one. Although this one is more leases, the other one is a revamping of an entire area. There's a difference. But, certainly, we can start earlier, number one, and get policy from the Commission; therefore, the Administration's not faced with should be we running the marina, City ofMiami Page 11 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 should be privatizing the marina; is this one of our core functions; do we want to be in that business; do we want to accept a liability; and those type of things. The direction from the Commission on those type of items will be very welcomed, but the only way that we can get it in an efficient manner is to have a sunshine meeting and either the chief of staff or the Commissioners attend so we can hammer all this out. So I think, one, yes, we need to start earlier; and two, we need to include the Commission to get that policy direction and -- so we're not debating those things here on the dais, and all that is settled during those sunshine meetings. To your question of withdrawing the item, the reason that I asked to withdraw -- asked permission to withdraw this item is it make -- it's going to come back in a different form, so therefore, I wanted to withdraw the item because there's irregularities that have been expressed to me on the recommendation of the Administration -- from the Administration on the number one proposer. There's new information that's come that we became aware of and we're going to be coming back with a different item, so I wanted to withdraw that item. We're doing our due diligence, first of all, evaluating the information that we received, if it pans out to be true doing our due diligence on the next ranked proposer. After we do all that, it may -- there's three paths we can take. We can accept the Administration's recommendation to go with the number two and the number one on the Chart House or, like Commissioner Spence -Jones said, we can say, you know what, let's just start all over again. It's been too messy. And we're evaluating that right now. So that's why I wanted to withdraw the item, have a little bit more time to evaluate all the new information that we not -- now know of and some of it we should have known before. I'm not -- you know, I'm not trying to disguise that. Could the process have been better? Absolutely. The issue of the referendum came out. We rushed it. Luckily, we have license agreements in place with each of the entities out there and we're making more money than we were in -- Commissioner Carollo: Originally. Mr. Martinez: -- before. We're going to make more money and more revenues and make that area look a lot better in the afterwards, but is it worth taking the time to do it right? Absolutely. Commissioner Spence -Jones: Absolutely. Mr. Martinez: Absolutely. So by the next meeting, we'll have a recommendation to this Commission so that we can set the path that we're going to take. Having said that, the process that we used can be improved, but it's the process that we have. Is it legally defensible? I think so. Could have been better? Absolutely. But this is where we are today. Chair Suarez: Commissioner Gort. Commissioner Gort: I like to, since we have somebody in Public Facility [sic] now, make sure RFP come out six months before the lease is up, six month minimum. 'Cause it takes -- you all got a copy of the Cone of Silence, which I want to ask you a question about that later. My understanding is, looking at the Cone of Silence and the list, we have people there that answer in January; hasn't come back to us yet. It's been five or six months now, still holding there. I don't know what's happening there and what is holding that -- and I'm talking about the tow trucks and other things that been issue way back. They was responded. They haven't been selected. No decision has been made. I'd like to know why. Now, every time we ask -- the Cone of Silence, my understanding -- I'm not an attorney -- Cone of Silence means that no one can talk to the Commissioners or to the staff or the proponents. Now we Commissioners cannot ask questions, but my understanding is, no, we under Cone of Silence. Chair Suarez: That's a legal question, I'm assuming. Okay. Ms. Bru: 'Cause the Cone of Silence has a lot of different -- Chair Suarez: Got you. City ofMiami Page 12 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Ms. Bru: -- regulations. Chair Suarez: Got you. Ms. Bru: But generally speaking, it does preclude any kind of communications regarding a particular solicitation until such time as the Manager announces the award. Commissioner Gort: And that's from the individual and the -- because I've doing all my life. I've been -- in my business, that's all I've been doing for the last 25 years, answering RFP. So we're not -- people are not allowed to talk to us or anyone in staff unless my person assigned in the RFP. Now my understanding, we, the elected official, we, the Administration, cannot ask Procurement a question? Ms. Bru: You know, our chief procurement officer deals with the Cone of Silence on a day-to-day basis. I think he's the most qualified to answer questions about it, and he's right here. Chair Suarez: And let me just say one thing before he starts, and this is something that came up in our briefing. One of the further, I guess, concerns that had is that it doesn't seem like the procurement director -- because of the way we have historically done things and -- because I don't think the procurement department is involved in Public Facilities. I don't know if -- it may be by code, but you know, one of the things I -- we've talked about was involving the procurement director who does this every day more in the procurement process, even if it is a public facility, even if it is real property. So Mr. Director. Kenneth Robertson: Good morning, Commissioners. Kenneth Robertson, Purchasing director. Regarding the towing services RFP and its status under the Cone of Silence, that particular solicitation's original submittal date was extended approximately three months via the addenda process whereby proposers were asking questions that either significantly altered the RFP in its original form, so we had to amend the RFP. Subsequently, we pushed out the submittal deadline. There was a significant inspection time frame where several of the propo -- Chair Suarez: Wait, wait. Let me just stop you there. I don't think he's asking about a specific RFP. I think what he's asking is is a general question regarding -- Commissioner Spence -Jones: Cone of Silence. Chair Suarez: -- what communication we could have with the Administration during the Cone of Silence. Could we ask a question? Could we not ask a question? I think that's -- ifI -- am I --? Ms. Bru: Yeah. Mr. Robertson: Yeah. Ms. Bru: Andl have it -- I mean, I can refer you to the section. It says that -- prohibits any communication regarding a particular RFP, RFQ (Request for Qualifications), RFLI (Request for Letters oflnterest), IFB (Invitation for Bids), or any other advertised solicitation between the Mayor, City Commissioners or their respective staffs and any member of the City's professional staff including but not limited to the City Manager and his or her staff. So the answer is communications between the elected officials and their staff and management is prohibited during the time that the Cone of Silence is in place. Mr. Robertson: On a verbal basis. Commissioner Gort: Is that a state resolution or is that a state, U.S. (United States)? City ofMiami Page 13 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Ms. Bru: It's an ordinance. No, it's an ordinance. It's a code provision. Commissioner Gort: Ordinance. Okay. Ms. Bru: It's a code provision. Commissioner Gort: It can be changed. Chair Suarez: It doesn't sound very ambiguous. Mr. Robertson: The elected officials may communicate with procurement in writing and copy the City Clerk. That's allowable under the Cone of Silence. It's verbal communications that are prohibited. Commissioner Gort: Okay. Chair Suarez: Is there a distinction in the ordinance for written versus verbal communications? Mr. Robertson: Yes. Ms. Bru: Keep in mind that -- Chair Suarez: Okay. Ms. Bru: -- what the Cone of Silence seeks to avoid is the secret backdoor meetings where things happen. Chair Suarez: I get it. I get it. Ms. Bru: So if it's put out there in writing for everyone to see, then I guess that's why it's not prohibited. Commissioner Gort: No, no. I agree. I think going to the Clerk and everybody seeing the questions is very important, because right now he made statement why it was delayed for six month. We should have known -- Ms. Bru: And you're doing -- Commissioner Gort: -- we should have received information. Ms. Bru: -- it in public so there is -- Chair Suarez: Right. Ms. Bru: -- no -- you know -- Chair Suarez: Secrecy. Ms. Bru: -- you're allowed to ask questions in public. Commissioner Gort: Right. Ms. Bru: Yeah. City ofMiami Page 14 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Gort: But I mean nobody have approached us, nobody have asked me, but when I look at the Cone of Silence -- I look all the documents I get. I might not bring it up in here in the dais, but I look them all. When I see something that's been delayed for six month, I like to know why. So now he explained the reason, that's fine, but you should get that in writing. Thank you. Chair Suarez: But you're saying that there's a specific code provision which allows for written communications between the elected officials and the staff during the Cone of Silence? Mr. Robertson: Correct, as long as you copy the City Clerk. Commissioner Gort: Copy the City Clerk. Chair Suarez: Okay, just for everyone's -- Commissioner Spence -Jones: Mr. Chairman, I just have -- Chair Suarez: Of course. Commissioner Spence -Jones: -- I just want to ask my colleagues sitting on the dais before these items actually come back on the 26th, I really want to understand the will of this body. Is it the will of the body -- of this body to push for it so that we are ready for this upcoming referendum for this cycle? Because if we're not -- if the urgency is not there and this is not the will of this Commission, then it's really -- we're just -- I think it's important for us to understand that. Is it more important for us to make it happen for the upcoming election, or is it more important for us to make sure that we get it right? Because we can bring it back next Commission meeting -- Chair Suarez: Next year. Commissioner Spence -Jones: -- but we can resolve it right now. If that's -- if that sense of urgency is not here, then I would like to at least know from you guys what your feeling is on this issue. Chair Suarez: Yeah. I mean, I don't know how you feel, but I can tell you how I feel. You know, I've been -- you know, it's -- again, I've made the same, I think, complaints and concerns that everyone here has expressed in terms of how the process was created, our involvement, et cetera. Having said that, the Manager is the one that was, in essence, the driving force with this process. Commissioner Spence -Jones: Right. Chair Suarez: And I've been hesitant to interfere with his discretion on how he wants to govern the process. Commissioner Spence -Jones: Yes. Chair Suarez: What he explained to me prior to this meeting was that he was going to ask for a withdrawal from today's meeting because he needed more time, as he explained, to do due diligence on the process and come to a final decision and recommendation. I have no problem giving him the extra two weeks to do that. That's me personally. That's my personal feeling. Commissioner Spence -Jones: Right. I guess that -- but Francis, I guess that's really -- I understand that we're -- I think we're all going to allow him to do that, but I'm asking not even with them being included. I'm saying the will of us as a body. Is the will of this Commission just in general -- because of the two issues with the Chart House and Scotty's, is it the will of this Commission to be prepared for the upcoming election to address this -- these two issues, or is it the will of this Commission to get it right so we don't have this time frame in which we're trying City ofMiami Page 15 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 to, you know -- this deadline we're trying to meet? So I'm just trying to understand that. Because to me, I'm just wondering if the date is driving our decision or good business deal is just driving our decision. Chair Suarez: Andl think that could be a very long discussion. Commissioner Spence -Jones: No. But I'm just -- individually -- Chair Suarez: No, no. I hear you. Commissioner Spence -Jones: -- I can -- that's why I'm asking each one of you guys. Chair Suarez: Yeah. Commissioner Spence -Jones: I would like to hear it and understand it. Commissioner Gort: Let me tell you how I feel. Commissioner Spence -Jones: Yes. Commissioner Gort: Personally, I don't mind seeing it in two weeks, but I've said it from two months before: have a plan B, have a plan B, because even if we make a decision, the voters vote against it, you got to have a B plan. Chair Suarez: Right. Yeah. No, and think you're touching on a point that's very, very right. It's very correct, which is this process has been exacerbated or made worse by the fact that there was this artificial deadline of July 24 which, thanks to the Manager and his contacts and the relationship that he's built up over his long and distinguished career, was able to get a two -week extension on to give him a little bit more breathing room to advise this Commission. You know, I don't know how any of the other Commissioners feel. I could tell you, I have no problem waiting to make a final decision the next two weeks and letting him go through his process. That's just me. Commissioner Spence -Jones: Okay. Marc, you haven't said anything. Vice Chair Sarnoff No. Commissioner Spence -Jones: Please, say something. Vice Chair Sarnoff I haven't, and I -- you know, I want to say that this is -- I think it's a District 2 issue in large part. I think it's other issues as well. I try to -- I've learned in the six years I've been here to try to do as much of my discussions as I can with the Manager in private. I was not enthralled by this process. I was -- my suggestions predominantly fell on deaf ears. I learned to live with that. I don't want you guys to think --18 months ago, we were like let's go. Let's get started. Andl don't want to go too deep into this because I was pretty -- in private, I was pretty upset by this. Commissioner Spence -Jones: Oh, okay. Vice Chair Sarnoff Andl know nothing in City Hall is perfect and probably it never will be. Politics is a very -- it's about personality. It's about issues that drive us; that maybe not always the right result is always reached or any result is reached which, in the eye of the beholder, what's right and what's wrong. But to me, you know, on -- if in two weeks something is presented to us -- I was given the financial analysis of us running the marina versus us not running the marina. I thought it was a very good financial analysis. I understood the financial analysis. I City ofMiami Page 16 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 made myself available for the financial analysis. Commissioner Gort: I did too. Vice Chair Sarnofff. Philosophically, you know -- I mean, in the paper today, two of our employees are convicted of paying people that aren't even on payroll. That's the news. I'm aware of the fact when we ran a marina out at Virginia Key, we were selling gas on the side. I know the City doesn't do things extremely well, other than its core services. So I'm kind of a guy that doesn't want to deal with us not doing anything other than our core services and getting the best possible lease we can. I actually agree with you on one respect, Commissioner Spence -Jones, and that is, you know, let's try to create jobs when jobs can be created. So I wanted to see that element in that as well. I thought it was -- I think you're right. I think if we don't take care of our own, who's going to take care of us. From my perspective, I figured, you know what, this has gone on so long. You know, I -- somebody said to me, what do you expect today? Andl said, well, I think a little mini food fight, you know. I mean, I didn't know what to expect. And I've really tried to be very reserved up here, because I do find this to be a Grove issue. This is for the Grove. No two ways about it. I'm going to speak to the guy who usually looks to the dollars and cents. This is going to generate income. But I would rather see the right -- I would rather see a quality of life for 40, 50, 60,000 less a year than I would like to see, oh, this is the most revenue we could bring in. You know, with all that said, I'll be candid with you. There's not a plan out there I don't like. Is there a plan I prefer? There is. I'm not going to say what it is, but there is. I want to -- I don't want the ends to justify the means. I want there to be a fair process. I really do, you know. So having said that, all -- I only read three proposals. I apologize to number 4. I don't think got to number 4. Mr. Martinez: It withdrew. Vice Chair Sarnofff. Oh, okay. See, glad didn't read it. I could live with all three, candidly. I think all three are very nice proposals. I'd love to see -- I thought there were elements that if we could get from -- and combine them, I thought it'd be great. You know, I'm going to throw something out there thatl was trying to get involved in this, andl apologize to the Manager. And I'm saying it in the best way I can. I think there's an opportunity for a parking garage, which was part of the master plan of Sasaki, that we kept on saying to them -- andl'm speaking ofMiami Parking Authority and the City -- here's a chance to put a parking garage maybe as part of the RFP, maybe having somebody -- 'cause parking's going to be an issue. I mean, if you look at all these plans, these guys are trying to figure out parking. Well, if you put a three -level or a two -level or whatever level parking garage on the corner of Bayshore Drive and Pan American Drive and maybe you put a bike shop in there -- andl'm just coming up with things off the top of my head. You know, obviously, this is the most biking part of the City. -- you know, you would solve a bunch of problems, but continue get any traction. And the more they would explain it to me, the less I understood it. So -- I mean, I understand your frustrations, andl guess I'm even more frustrated because 18 months ago we were like this is the time. This is when you do this. This is when you create this RFP. This is when you should be going out. This is when you should be doing all these things. Commissioner Gort: That's it. Vice Chair Sarnofff. And there was in a sense of imperative and momentum to the Manager's -- 18 months ago, were you even the Manager? Mr. Martinez: No. Vice Chair Sarnofff. Yeah, I don't -- you weren't even the Manager 18 months ago. Goes to other issues that maybe the Chair would like to say, which is stability. But, you know, having said that, I'm curious what comes up next Commission meeting. I'm curious. I'm prepared to let it -- City ofMiami Page 17 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: Ride. Vice Chair Sarnoff. -- I'm prepared -- yeah. I'm prepared for everything. I -- you know, obviously I'm not being articulate 'cause I don't even know what to say. Commissioner Spence -Jones: Well, Carollo, do you have anything you want --? Is the date driving you or a good deal driving you? Commissioner Carollo: Again -- Commissioner Spence -Jones: The best deal for the City. Commissioner Carollo: -- just been so many questions, so many unanswered questions or process. I mean, from the beginning, I don't -- I mean, realistically, it's the gut feelings. I saw it from -- andl hate to say it, you know. I knew it was going to end up being a mess. I really did. Commissioner Spence -Jones: So the best -- Commissioner Carollo: First of all, you know, some of the things that I expressed up here, you know, the Administration could have come back and mentioned, hey, you know, with regard -- you know, let me ask a question to the City Attorney. Could this have been a unified development project? Would this be considered a unified development project? Ms. Bru: A unified development project is a process that is set forth in the Charter, and the Commission may, if it wishes to use that process, direct the City Manager to do so. And it is a process that involves a prequalification, it involves the Commission actually approving the RFP, approving the selection committee, approving the certified public accountant. It includes public input as to the contents of the RFP. So it is a very -- Commissioner Spence -Jones: Transparent. Ms. Bru: -- you know, it's a complicated process 'cause it has different levels, but it -- you know, and it lends itselfl guess for projects that are -- that involve, you know, multifacets, you know, planning, construction, development, leasing, management. Commissioner Carollo: So in other words, Madam City Attorney -- I'm sorry to put you on the spot, by the way -- what you're saying is that many of the items that was expressed up here could have been resolved by using this process, and at the same time, not once was this offered to the Commission. I'll be the first one to admit, you know, and I'm usually, you know, read up quite a bit and study the items quite a bit. Call it -- andl guess I can't say rookie because I've been here more than a year, but you know, the inexperienced. How can a Commission direct a Manager to go through this process if we're not even sure of it and no one from the Administration has said, Commissioner, with all the issues that you have being [sic] addressed, it could have been addressed using this process. Not once did the Administration ask us. So there's just so many things going on andl just -- I'm telling you, I'm just disgusted with the whole issue. And by the way, let me be very clear about something. Commissioner Gort: We all are. Commissioner Carollo: This has nothing to do with the actual proposers and their ideas. I mean, realistically, some of them are actually, you know, quite nice and very good. So this has nothing to do with the proposers, their ideas, their plans. So I just want to make sure I put that for -- on the record. Thank you. City ofMiami Page 18 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: Mr. Chairman, I just want to say -- Chair Suarez: Yeah, of course. Commissioner Spence -Jones: -- something in closing on this issue. Chair Suarez: Let's finish it up. Commissioner Spence -Jones: Everyone has made their comments and remarks on this issue, and I think we all agree that we're going to allow the Manager to come back in the next two weeks, but to me it's obvious. The writing is on the wall. I don't think that even if we even decided to make a vote on this issue, we would all be on the same page. Andl don't -- this is too important for us not to get it right and not do it right. And, you know, Mr. Manager, the ball is definitely in your court, but it just seems as though if the -- we're not being -- going to be driven by the date at all, you know. I think that this body is basically is saying that we want to be driven by what we know is the best deal for the City and we want to make sure the process is right and correct. So I don't know what means for 4 and 5, 'cause even though I know Henry has mentioned that he has at least been able to come to the table with the, I guess, 4 and 5 -- the 4 and 5 items, the Chart House -- Mr. Torre: Right. Commissioner Spence -Jones: -- and it seems like there's no other proposer in this process, but I think that if we're going to do it our -- I mean, it would seem as though you want everything to be done over again. Mr. Martinez: If the decision, in my opinion -- Commissioner Spence -Jones: Yes. Mr. Martinez: Sorry, Henry. In my opinion, if the decision is to go out with a new RFP or a new process, a unified planning process, the fact that we only had one proposer for the Chart House, maybe we could restructure and redo it so that we have more competition in that area. So if we're going to go that path and with the Scotty's -- Commissioner Spence -Jones: Yes. Then we should do it -- Mr. Martinez: -- area -- Commissioner Spence -Jones: -- for 4 and 5. Mr. Martinez: -- -- I would recommend let's do the whole thing. Commissioner Spence -Jones: Right. Chair Suarez: And -- Commissioner Spence -Jones: And l just want to add, yesterday I was, you know -- one of your board members from, what is it, the Coconut Grove -- Chair Suarez: Implementation committee. Commissioner Spence -Jones: -- is it the waterfront -- what do you have --? Vice Chair Sarnoff. Waterfront Advisory Board. City ofMiami Page 19 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: Or implementation committee maybe. Vice Chair Sarnoff Oh, is it implementation? Commissioner Spence -Jones: No. It's the people that do the -- they had a board meeting here yesterday. Commissioner Carollo: Waterfront Advisory Committee. Vice Chair Sarnoff Board. Waterfront Advisory Board. Commissioner Spence -Jones: Regarding the overall plan for what needs to happen here. Even -- there was comments made that some of their suggestions in these meetings that you guys have been doing for how long now? Commissioner Gort: Forever. Vice Chair Sarnoff Waterfront Advisory, yeah. Commissioner Spence -Jones: Forever. Vice Chair Sarnoff Yeah. It's been -- Commissioner Spence -Jones: Right. Vice Chair Sarnoff -- before me. Commissioner Spence -Jones: That they were not even included in the RFP process. They didn't even have the opportunity to chime in on key things that they felt needed to be involved in either one of these projects. So we can't appoint people to boards and not even respect them enough to even ask them what should be included in the process. Even if you're not going to use it, you should at least ask. Chair Suarez: Yeah. Commissioner Spence -Jones: But, you know -- but -- so I think that there are so many cons in this issue and not enough pros that -- that's just my viewpoint. Mr. Torre: Commissioner -- Chair Suarez: Okay. Let me just -- Mr. Torre: Go ahead. Chair Suarez: -- say a couple of things. One is unfortunately the Manager opened up a little can of worms when he brought in the whole issue of the Chart House, because that was yet another aspect of this that I personally wasn't involved in. I don't know if anybody else was in terms of the decision to bifurcate the two RFPs to have, you know, one for one and one for the other one, andl am very surprised that only one person, you know, on a property such as that -- Anyhow, if it does become the will of this Commission after -- I think we're all in agreement that we're going to give you the extra two weeks to follow your process and give you that discretion. My -- the only thing want to say is if it is the will of this Commission beyond that date to start this process over again or if it your recommendation and we do go to the unified development plan, my suggestion -- andl don't know if my colleagues agree -- is that we start the next day. In City ofMiami Page 20 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 other words, it's a -- just like we've talked about with union negotiations, start early with all these things. Start early so that there is no time crunch issue. It's a more involved process. As the City Attorney stated, you're bringing in a lot more stakeholders, which obviously makes it more time consuming, so it has to start like the next day, you know. So I don't know if anyone else -- Commissioner Carollo: Mr. Chairman, one last thing. Chair Suarez: And then we need a motion and a second, Commissioner Gort: I need to have -- well, I move it. Chair Suarez: Right. Okay. We had a motion. Commissioner Carollo: What's the motion? Vice Chair Sarnoff Second. Chair Suarez: The motion is for the deferrals and the withdrawals as stated by the Manager. You want me to reread them? Commissioner Carollo: No, that's okay. Could we just finish the discussion, though? Chair Suarez: Yeah, yeah. I mean, I don't have a problem, but we have a motion on the floor. So go ahead, finish the discussion, and then we'll see if anybody seconds it. Commissioner Carollo: With regards to the Chart House -- and, again, that was going to be the -- part two -- it was requested to be deferred. Again, you know, what I've heard -- andl don't know if it's rumors, andl usually don't go by rumors, but that there is more -- there was interest in there, but a lot of the companies or restaurateurs wanted to see what was going to be next door. So I think that -- that's what I heard. It makes perfect sense, by the way. So, you know, that, I think, is the issue. So, yeah, I would agree that if we do, you know, an RFP process again for one that we should do for the other. And by the way, with regards to the unified development project, I really thought that that was going to solve a lot of the issues. I mean, realistically, it -- Commissioner Gort: It's called unified -- Commissioner Carollo: Development -- Commissioner Gort: -- development plan. Commissioner Carollo: -- project. And by the way -- Commissioner Gort: UDP (Unified Development Project). Commissioner Carollo: -- what I -- yeah -- and what I am saying is -- I'm not even saying let's do it that way, even though it does sound like that's the way we should do. I'm saying it wasn't even offered to us. And at the very least, the Administration should have offered it to us. And I'll say it, I was quite surprised, you know -- actually, some -- I did not know of this and someone actually told me, hey, look at -- I'll be honest with you. I'll be straightforward. Look at a blog, andl was like what? They said, yeah, look at a blog and read it, and I'll tell you what it was. It was the Crespo Gram, andl read about this. Andl said, it actually was a little embarrassing that read it from the blog and the Administration did not come to us with this option. So I'll leave it at that. Andl think we've had a good discussion. City ofMiami Page 21 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: Yes. Commissioner Carollo: That was my intent, to see exactly where we were going with this, because just a withdrawal and a deferral with no explanation, I -- you know, I thought it needed at least to have some discussion. Thank you. Chair Suarez: Is there a second on the motion? Vice Chair Sarnoff Second. Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Carollo. All in favor, signift by saying aye." The Commission (Collectively): Aye. Mr. Torre: Commissioner. Chair Suarez: Mr. Clerk, do you want me to reread all the items that were deferred or withdrawn, or you have them all for your records? Mr. Hannon: No, sir. The record is clear. Chair Suarez: Okay. [Later..] Chair Suarez: Okay, we're going to do CA.4 first, which is the consent agenda item that the Vice Chair pulled. We're going to vote on the rest of the consent agenda, then we're going to go to a personal appearance, and I'm going to try to take out of turn, even though it's not a time certain item, the School Board, which I think is here, and you know, there's a School Board representative here. So -- Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: Couldl also pull CA.3? Chair Suarez: Absolutely. Commissioner Carollo: Thank you. Chair Suarez: I'm going to recognize CA.4 first since it was pulled first. Commissioner Carollo: Not a problem. Thank you. Chair Suarez: And -- Commissioner Gort: CA.3? Chair Suarez: CA.4. [Later..] City ofMiami Page 22 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: Just a quick question, Mr. Hannon. As we continue to go to SR.2, do I have to read the statement about the shade meeting before we break for lunch? Julie O. Bru (City Attorney): No, no, when we come back. When we come back and -- Chair Suarez: When we come back read it? Okay. Ms. Bru: -- we reconvene -- Chair Suarez: Just curious. Ms. Bru: Yeah. Chair Suarez: Yeah, 'cause I know we're getting closer to 12 o'clock, my deadline, so. CONSENT AGENDA CA.1 RESOLUTION 12-00664 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Information RECEIVED MAY 23, 2012, PURSUANT TO INVITATION FOR BID NO. 317294, Technology FROM DIGITALERA GROUP, LLC., AND SHI INTERNATIONAL CORP., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, ON A COMBINATION OF ITEMS BASIS, FOR THE PURCHASE OF ANTIVIRUS, ANTI-SPAM, AND NETWORK SECURITY LICENSES, SUPPORT AND EQUIPMENT, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FOR THE FIRST YEAR, FROM THE DEPARTMENT OF INFORMATION TECHNOLOGY ACCOUNT CODE NO. 00001.251000.546000.0000.00000, WITH FUTURE YEARS FUNDING SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 12-00664 Summary Form.pdf 12-00664 Award Recommendation Form. pdf 12-00664 Tabulation.pdf 12-00664 Letter - Certification of DigitalEra Group.pdf 12-00664 Letter - Certification of SHI Int'I Corp. pdf 12-00664Addendum No.1.pdf 12-00664 Invitation for Bid.pdf 12-00664 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0246 CA.2 RESOLUTION 12-00662 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Works RECEIVED APRIL 6, 2012, PURSUANT TO INVITATION FOR BID NO. 310293, FROM WASTE MANAGEMENT INC. OF FLORIDA D/B/A WASTE City ofMiami Page 23 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 MANAGEMENT OF DADE COUNTY (PRIMARY) AND WASTE PRO OF FLORIDA, INC., (SECONDARY), FOR THE PROVISION OF VACTOR TRUCK DEBRIS HAULING, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 12-00662 Summary Form.pdf 12-00662 Award Recommendation Form.pdf 12-00662 Tabulation.pdf 12-00662Addendum No. 1.pdf 12-00662 Invitation for Bid.pdf 12-00662 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0247 CA.3 RESOLUTION 12-00663 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE MAINTENANCE OF STATE ROAD 934/NORTHEAST 82ND STREET FROM NORTH MIAMI AVENUE TO BISCAYNE BOULEVARD, MIAMI, FLORIDA, AS STATED HEREIN. 12-00663 Summary Form.pdf 12-00663 Legislation.pdf 12-00663 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0245 Chair Suarez: CA.3. Commissioner Carollo: Thank you, Mr. Chairman. With CA.3 -- and I'm going to support this, but sometimes I've been quiet, sometimes I have not about issues of this sort. But the bottom line is that, you know, we go back to -- we all really care about our districts and, you know, we all push for our districts. And once again, it seems like Little Havana, that area, the core of the City ofMiami, right in the middle, is not really, you know, receiving its fair share. I mean, when -- 'cause what's going to happen is the maintenance for these streets or avenues is citywide money. It goes to, you know, our budget; that we actually approve X'hmount of money for Public Works, so this is going to increase a cost to the Public Works Department to provide maintenance on a street that originally FDOT (Florida Department of Transportation) would have maintained. Yes, I understand that the reason why is because they did some upgrade. And again, I'm not City ofMiami Page 24 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 short -visioned, andl think you all have seen many, many times I don't play the game of well, since we don't have it, you can't have it either, no, no, on many, many things. Even for a park, I had voted for it, 'cause I do see the bigger picture of the City as a whole. But at the same time, I want to bring up again that, yet again, this is another issue or another, if you will, benefit that it's not enough of in District 3, the district thatl represent. So in the future I want to see if we do have some improvements to streets, you know, landscaping, that we start getting a little bit more of the fair share. So, again, I will approve this, but I need to start making light of all the various issues, because it's happening with this improvements of streets, it's happening with parks, it's happening with many issues that the core of the City ofMiami -- andl say that because District 3 is right in the smack middle of the whole district, of the whole City, and that's why I really -- I touch every other district, every district. So all I'm saying is I approve it. I'm not short-sighted. But at the same time, you know, District 3 needs to, you know, start receiving a little bit more of its fair share, and that's why I'm bringing it up to light. Thank you. Chair Suarez: Yeah. And thank you, Commissioner. I think -- I debated whether or not I wanted to make an issue of this item because it's a -- you know, it's kind of relatively small in terms of a fiscal impact. I think you have it here at 15,000, but it does remind me that there was about a $200, 000 maintenance contract that was supposed to maintain Coral Way, in the middle of Coral Way, that was -- this is before your time -- you know, taken away from District 4 andl think part of District 3 with the caveat that it could be down in-house and we've had a lot of struggles with that, and I think you admitted in one of our last discussions on something similar to this, that you were going to bring that back. I still haven't seen that, andl still haven't seen the contract for the lights. So I'm waiting for those -- desperately waiting for that because I think Coral Way, as many other areas of the City, is one of our most beautiful futures and it should be inviting people to the City. And so I'm concerned that it's in a little bit of a deteriorated condition because that reflects poorly on me. So I know, you know, you guys are very busy with a lot of things, but let's get on that. Nzeribe Ihekwaba (Director, Public Works): Yeah. Good morning. Zerry Ihekwaba, Public Works director. On the issue of Coral Way, the up lighting contract, I believe, is coming up, if I'm not mistaken, in next Commission meeting. Chair Suarez: Very good. Mr. Ihekwaba: Okay. Chair Suarez: Excited about that. Mr. Ihekwaba: And it extends to both Districts 3 and 4. Chair Suarez: Awesome. And what about the maintenance? Mr. Ihekwaba: The maintenance is currently being done in-house by City staff. As soon as the FDOT finishes with the -- Chair Suarez: Road improvements. Mr. Ihekwaba: -- improvement on Coral Way, we also will need to improve the landscaping as well and perhaps bid it out as a contract. Chair Suarez: And we need to do a little bit of reevaluating, because I got to tell you -- andl don't know if you've gotten this as well. I don't think in your part it's as bad because you don't have really landscaping in the middle, but in the part that goes from 17th Avenue west, there's people who try to make lefts onto Coral Way and they're concerned about the hedges and how they obstruct their vision, so that needs to be put into the process. City ofMiami Page 25 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Johnny Martinez (City Manager): There are standards on sight lines. Chair Suarez: Yeah, and I don't know that they're being followed. Commissioner Gort: Mike's off. Chair Suarez: You know what I mean? Andl don't know that they're being followed. And by the way, that's something we debate all the time. There may be a standard, but it doesn't mean it's the ideal. And if we continue to get -- even if we're complying with the standard but we continue to get complaints, we should reevaluate. Mr. Martinez: Usually, when you get the complaint, they haven't complied with the standards because the standards -- Chair Suarez: True. Many times that's right. Mr. Martinez: -- are very conservative about providing the site distance in both directions. Commissioner Carollo: And Mr. Chairman. Chair Suarez: I think you have a little bit of expertise on that. Yes. Commissioner Carollo: Speaking about expertise, let me ask the expert on FDOT Mr. Manager, is Southwest 8th Street, Calle Ocho, a state road? Mr. Ihekwaba: Yes. Commissioner Carollo: So realistically, something like this, like they could actually do -- if we could work something out with them, they could actually do all the improvement and landscaping and so forth, and we could then do some type of contract or agreement with them where they could actually then -- where we would actually then maintain. Mr. Ihekwaba: For your information, we currently have a maintenance agreement with the state on 8th Street, so the City is actually obligated to maintain 8th Street as of today, for the landscaped areas on 8th Street. Chair Suarez: There's very little on landscaping, but yeah. Mr. Ihekwaba: They are very minimal though. Chair Suarez: Yeah. Commissioner Carollo: Okay. I don't know what, you know, agreement was done 'cause there's very little landscaping there -- Mr. Ihekwaba: Exactly, yeah. Commissioner Carollo: -- and so forth. So, again, I'm sure it's prior to my time and -- I don't know. I received the list, I would admit, somewhat late of all the maintenance agreements with FDOT andl don't see Southwest 8th Street here. So, you know, I'll go back with the Administration and -- Mr. Ihekwaba: Okay. City ofMiami Page 26 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: -- see exactly -- go over the list. Mr. Ihekwaba: Okay. Commissioner Carollo: But that's what I'm saying. I requested it. I received it. I don't see Southwest 8th Street here. Mr. Ihekwaba: We do -- Commissioner Carollo: And these are all agreements with FDOT. Chair Suarez: Commissioner Gort. Commissioner Gort: My understanding is, back when the Latin Quarter was created, we receive funds from the federal government. I believe it was one point something million dollars to do all the landscaping on 8th Street from 27th Avenue all the way to 1st Avenue Mr. Ihekwaba: Yeah. Commissioner Gort: Andl think the County was involved in it too, so the County -- it was done through the County Public Works, most of that work. So I don't know if the County had any commitment to it or not. Mr. Ihekwaba: On the 8th Street, we also have commitments to maintain the decorative sidewalks on 8th Street, so not just landscaping, decorative sidewalks. Chair Suarez: Okay. Is there a motion? Vice Chair Sarnoff. Say one thing? Commissioner Gort: Move it. Chair Suarez: Yeah, of course. Vice Chair Sarnoff. I mean -- because I happen to think that Coral Way is a signature roadway, but -- andl -- and not being the district Commissioner of any part of that, why has it taken so long? You've been talking about this for three years? Chair Suarez: I mean, I can't get out there and do it myself unfortunately. Vice Chair Sarnoff. No, no. I understand that. But I want to -- Commissioner Gort: You'll get sued. Chair Suarez: I know. Vice Chair Sarnoff. -- understand -- Chair Suarez: Believe me, I've actually done a couple things myself out there. Vice Chair Sarnoff. I wouldn't doubt you're out there with a bag and gloves doing it. I've seen you do it in other parts of the city. But it's a question. I mean, I sort of have a little bit of the same question like in the Upper East Side on Biscayne Boulevard and, you know, I know that we work with Public Works. I know that we -- he says I'd like to have a contract and we got the contract in there. This is back in October of last year. And then, you know, what's the status? City ofMiami Page 27 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Oh, it's going through Procurement. Okay, that's November, December, January, you know. Oh, Commissioner, it has to go to this committee. What committee is that? I don't know. February, March, April, okay. Now Procurement has to get it. Okay, what happens then? I mean, sometimes I think -- andl'm not talking to you, Zerry. I'm talking to my fellow Commissioners. Sometimes I think things are put in budgets so that they cannot spend it and then show a surplus at the end of the year, andl actually think this happens. I'm just giving you -- you're doubting it, but actually think -- Chair Suarez: No, no, it's not that I doubt this. Commissioner Carollo: No. Chair Suarez: It's not that I doubt it. It's not that I doubt it. Vice Chair Sarnoff But -- and you know, it's a struggle up here to put something in a budget because, you know, you're all -- it's the left hand wants the right hand and you have to do a dance with the Commissioners and everybody's got to get what they want. But then it doesn't happen. Chair Suarez: Yeah. I think we need to find ways -- we need to look at ways -- remember with the unsafe structures process, it was -- when we did an analysis of that of how many steps it took to declare it and how long it took to do that and we condensed it to like a 45-day from a 180-day process. I think that's something that we may want to do in terms of these kinds of issues. But I want -- I do want to commend the Code Enforcement director and the assistant City Manager because I don't know if you guys notice along Coral Way the other day, there was these -- I couldn't believe it. I mean, I was just like all -- this was unbelievable. There were advertisements -- Commissioner Carollo: (UNINTET,TIGIBT,F), yes. Chair Suarez: -- that were literally sticking in the middle of Coral Way -- Commissioner Carollo: Yes. Chair Suarez: -- in the median with a flag -- like a flag -- Commissioner Carollo: Yes. Chair Suarez: -- with like a PVC (Polyvinyl Chloride) that came all the way, and somebody was just advertising in the middle of -- talk about -- you know, I didn't hear Scenic Miami on that one, by the way, Nathan, so -- andl physically went there myself with the Code Enforcement director at the behest of -- within an hour, by the way, of me noticing it. And we dismantled them ourselves, put them in the car, so if anybody wants them, they can pick it up in return for the fine. You know, it's probably somewhere in our property department or whatever. But I want to thank the Manager, the assistant City Manager, and the Code -- you know, Code Enforcement director for actually, you know, taking -- I was having dinner when I first noticed it, and by the time I was done with dinner, they were already -- almost done, you know, taking it apart. Commissioner Carollo: By the way, Commissioner Suarez, andl actually did see them andl'm glad that it was moved so quickly because it's one of those that monkey see, monkey do. I actually passed by andl saw the first one. There was only one and it was pink. Andl saw -- I passed by -- I went to visit my mom. By the time I was coming back -- Chair Suarez: There was three. City ofMiami Page 28 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: -- there were three, so I said, oh, God. And, yes, they were taken down quite a bit and I'm glad you do it so quickly because, like I said, it seemed like it was monkey see, monkey do. Chair Suarez: Ah, man. Anyhow, okay. So -- yeah. Commissioner Spence -Jones: I just want to just add something because one of -- Zerry -- just real quickly, Zerry. I think that it's important for you to put on the record any challenges that you have -- as a director have experienced -- Chair Suarez: Absolutely. Commissioner Spence -Jones: -- in trying to get some of this stuff done. Mr. Ihekwaba: Yeah. Commissioner Carollo: Absolutely. Commissioner Spence -Jones: Because we all -- I know at least in my district, any time that we need to get something done, you know, if there's an issue from a Public Work [sic], you're on it. But, obviously, there must be some challenges because each district Commissioner's having some issues, including myself with, you know, MLK (Martin Luther King) Boulevard, which you know how important that is to me as well. But maybe there are challenges with the process. And if there is something, I think you should officially put it on the record so at least we understand what your challenges are. Mr. Ihekwaba: Currently, some of the challenges that we've been experiencing in Public Works has to do with some of the requests that are coming in from perhaps residents of certain districts. So we all on the same page, the maintenance agreements arise from requests that are directly made from residents during the PD&E (Project Development and Environment) studies by the state. So Public Works is usually at the tail end of the process inheriting maintenance service responsibilities and commitments that we have no involvement in developing. So at the end of a project phase, we get to receive a project's plans that has extensive improvements and beautification along the corridor that we have -- we are not privy to at the planning stages. Chair Suarez: Can I interrupt? Mr. Ihekwaba: So when we come back for budgeting purposes, it looks like we're putting a lot of allocations and resources to -- in order to be able to meet such obligations. I want it to be quite understood that we actually have no involvement in some of those things. They primarily come from the district Commissioners' offices or their residents. Chair Suarez: Yeah, and -- Commissioner Spence -Jones: Okay. Andl --I'm sorry. Chair Suarez: No, no. I just wanted to follow up on something he said. Commissioner Spence -Jones: Okay. Chair Suarez: Which is one example of that is in public projects, we don't do irrigation, andl think -- Mr. Ihekwaba: Yeah. City ofMiami Page 29 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 CA.4 12-00755 Chair Suarez: -- we've talked about that a bunch of times. They don't get incorporated so it makes it harder for him to do his job in essence -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- with the Public Works guys. Commissioner Spence -Jones: Yeah. Andl didn't know if there was an issue with the process of selecting the maintenance companies that have to do the work. Is there an issue with the process as well -- Mr. Ihekwaba: Yeah. We -- Commissioner Spence -Jones: -- that causes the greater delay? Mr. Ihekwaba: Yeah. Sometimes -- like we recently experienced, we had in one of the corridors -- I think it's MLK -- where we've realized that some of these small corridors and maintenance contracts that are limited in scope, we -- because of the legal requirements of requiring them to maintain performance bond or other types of encumbrances, we find that the small-scale businesses are not able to meet such commitments because they are not sufficiently endowed to have the resources to pay for some of those bonds. Fortunately for us, we've received an opinion from Purchasing that some of those contract that are below a certain threshold of up to $200, 000 necessarily does not require us to have them post a performance bonds, which has created a delay in awarding some of these contracts, like in MLK. Commissioner Spence -Jones: Okay. Is there any other question? Okay, Zerry. Mr. Ihekwaba: Okay, thanks. Chair Suarez: Okay. This -- is there a motion on this? Do we have a motion on this? Oh, Commissioner Gort had moved it. Commissioner Gort: Yeah, I moved it. Commissioner Spence -Jones: Second. Chair Suarez: Is there a second? Second by Commissioner Spence -Jones. All in favor, sign by saying iiye. " The Commission (Collectively): Aye. Commissioner Gort: By the way, Zerry, he does a great job. Every time we call for him, he gets the things done right away. Commissioner Spence -Jones: I know. RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION URGING LISA P. Commissioner Marc JACKSON, ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION David Sarnoff AGENCY AND PRESIDENT BARACK OBAMA TO MOVE SWIFTLY TO FULLY EMPLOY AND ENFORCE THE CLEAN AIR ACT TO REDUCE CARBON IN THE ATMOSPHERE, REDUCING THE LEVEL TO NO MORE THAN 350 PARTS PER MILLION; DIRECTING THE CITY CLERK TO TRANSMITA COPY City ofMiami Page 30 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 OF THIS RESOLUTION TO ENVIRONMENTAL PROTECTION AGENCY ADMINISTRATOR LISA P. JACKSON AND TO PRESIDENT BARACK OBAMA. 12-00755 Legislation.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0244 Chair Suarez: And before we go there, I have to commend the Vice Chair. I have never gotten so many e-mails (electronic) on a consent agenda item in my entire life. It's unbelievable. You're recognized for the record, sir -- Vice Chair Sarnofff. Thank you, Mr. Chairman. Chair Suarez: -- on CA.4. Johnny Martinez (City Manager): Can I say one thing. It's his item as he just got a Porsche. Chair Suarez: Yeah. Well, you didn't -- Vice Chair Sarnofff. Well, that hurt. Chair Suarez: -- really have to go there. You know -- Commissioner Carollo: Ouch. Chair Suarez: -- I thought you had learned. What's up with that? Sensitivity. I gave you sensitivity. Vice Chair Sarnofff. Let's take that sensitivity training. Chair Suarez: Come on. Vice Chair Sarnofff. Let's send him back. Chair Suarez: Let's just let it go. Go ahead, Commissioner. You're recognized. Vice Chair Sarnofff. But it does turn on and off at red lights, which your car doesn't do. So I don't emit carbon when I don't need to be. Chair Suarez: Go ahead, Mr. Vice Chair. Vice Chair Sarnofff. Thank you, Mr. Chair. This is a resolution asking the City of Miami to swiftly employ and enforce the Clean Air Act to reduce carbon in the atmosphere; making that recommendation to the -- President Barack Obama and the Environmental Protection Agency. For those of you that do or don't believe in global warming, I always say take a Pascal Wager. Pascal was a French philosopher back in around 1100. And Pascal's Wager meant -- and maybe the Chair would especially appreciate this -- I'm not sure God exists, but if -- Chair Suarez: Are you willing to make that bet? Vice Chair Sarnofff. -- God does exist, I can certainly give him one hour one day a week for the rest of my life for everlasting salvation, and that became what is known as a Pascalian Wager. I City ofMiami Page 31 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 don't know for sure, but my gosh; if he does, the bed is so thin and so easy, I'll have everlasting salvation. And that became known as a Pascalian Wager. So if you do not believe in global warming and if you don't believe carbon is related to global warming, I ask you, as Commissioners, to take a Pascalian Wager, because it takes so little for us as a city to get our greenhouse gases reduced. Now, just to show you how susceptible we are in Miami to global warming, on a one foot rise in the sea level, what you're seeing is the areas ofMiami that would be above the water and what you're seeing is the areas ofMiami that would be below the water. And if you look carefully, you'll see Brickell; right at Brickell will be below the water. If you look at parts of the Upper Eastside, it would be in the water. Miami Beach would not exist as we know it, and that's at a one foot rise in sea level, and by the way, that's not the anticipated amount it will rise. If you look at a three-foot rise in sea level, well, pretty much, there is no longer Miami Beach, there pretty much is no longer a Brickell Avenue; pretty much the Upper Eastside is pretty much done away with, and that's simply with a three-foot rise, and that's projected to happen in 2030. Now at a six-foot rise, I could tell you, predominantly, the City of Miami, in most of the way that you andl recognize it, no longer exists, and that's anticipated to happen by the year 2090. So ifI could just go back to the one foot and -- I'm sorry, go to the eight foot. Eight foot rise, which is projected by 2100 -- I don't want anybody here to think they're getting off scot-free. Pretty much all districts are pretty well flooded out and the City of Miami, Miami Beach no longer exists. But simply go back to the one foot rise. Okay, the one foot rise -- and we're in the year what, 2012. Eight years from now, eight years from now, look at the amount of rise that exists and look at how it changes our life if that one foot rise happens: And by the way, we're already on our way to that one foot rise because it's already risen three inches, so you only need to go nine more inches. In nine more inches, look at the amount ofMiami Beach that doesn't exist, look at the amount of our seawalls that will not be able to hold back the water. This is not something very, very far away. So what I'm bringing to you -- and I'm not going to speak for very much longer -- is global warming. If you believe it happens as a result of greenhouse gases, you should support this. If you don't believe it's happening as a result of greenhouse gases, you should take a Pascalian Wager and think to yourself well, I could certainly drive a little differently, I could certainly own a different vehicle, I could certainly promote alternate uses offossils fuels; and if I'm right, I've helped stop global warming. And if I'm wrong, I've inconvenienced myself ten minutes. Thank you, Mr. Chair. Chair Suarez: I'm assuming that's a motion? Vice Chair Sarnoff. I think that is a motion, yes. Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. Commissioner Carollo: Now that you've lowered the property values of Brickell and Miami Beach. Chair Suarez: Now I think -- Vice Chair Sarnoff. I don't think that was my intent. Chair Suarez: -- I remember actually a former firefighter -- the first time I heard about this issue and about -- was over ten years ago from a former firefighter andl thought the guy was nuts at the time and, you know, he obviously -- you know, it's becoming more and more accepted scientifically. You know, one of the things that my dad has actually written about is how finely tuned our earth is and any minor variation, if we're a certain distance closer to the sun, a certain distance further from the sun, you know, and all those things, the curvature of the earth, that that all impacts our -- you know, basically how we live and the fact that we can survive. So there's a motion and a second. All in favor, signift by saying aye." City ofMiami Page 32 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Gort: Wait, wait. Commissioner Spence -Jones: Discussion. Commissioner Gort: Discussion. Commissioner Spence -Jones: Discussion on it. I just had some questions. Chair Suarez: Oh, I'm sorry. I didn't look to the left. I should have. Commissioner Spence -Jones: No. Go -- no, you first. Chair Suarez: Commiss -- Commissioner Gort: I yield to the lady. Commissioner Spence -Jones: No, you first. Commissioner Gort: No, no. Commissioner Spence -Jones: You first. Commissioner Gort: Always lady. Commissioner Spence -Jones: Wisdom, wisdom. Commissioner Gort: I got six at home. I listen to them all the time. No, no. Commissioner Spence -Jones: No. I -- Chair Suarez: Commissioner Spence -Jones. I'll reconcile the conflict. Commissioner Spence -Jones: I want to first of all commend Commissioner Sarnoff on this issue. I think it's definitely -- he -- if no one else on here keeps us conscious about the environment, you do. Chair Suarez: Definitely. Commissioner Spence -Jones: So that's the wonderful thing about this Commission, is everybody has something beautiful to bring to the table. I just wanted to ask one -- actually two questions. I know that -- I know this is more of a symbolic thing that we want to kind of send to the Administration, but I wanted to be clear on how the process actually works. Now, to my understanding, there is federal dollars for assistance that, you know, is available for -- to support this. So -- but my question is how is it implemented? Is it imple -- is it not being im -- is Administration not doing that? They're not making the monies available? Or they are making the money available but it's not getting to us? I'm just trying to understand, you know -- Vice Chair Sarnoff It's -- they have to implement what is known as the Clean Air Act. They have to enforce it a little more. They have to reduce the amount of acceptable levels of carbon that we're emitting. I can get into it a little more. I mean, we have to get a lot closer to the Kyoto Treaty. The Kyoto Treaty is what Europe obviously use -- well, it's what Europe uses that the United States refuses to adopt. Some people think it's too stringent. Some people think -- It's amazing that Europe is ahead of us in this issue, but if you've ever been to Europe and you've every smelled a normal day in Europe -- I mean, they use a lot of diesel in Europe and it's a very City ofMiami Page 33 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 strong odor and that puts a lot of carbon into the air, so they may be behind us in terms of where they are. But based on the fact that they've passed the Kyoto Treaty, they're now ahead of us and the EPA (Environmental Protection Agency) needs to at least catch up, if you will. Commissioner Spence -Jones: And you're saying that at this point that's not happening with the Administration? Vice Chair Sarnofff. Right. I think this Administration intends on doing it and wants to do it. Commissioner Spence -Jones: Yeah. Vice Chair Sarnofff. But you could see how divided this country is. Commissioner Spence -Jones: Yes. Vice Chair Sarnofff. And you know, something Commissioner -- I'm sorry, the Chair said. You know, at one point it was 90 percent of the scientists agreed with global warming and there was that famous 3 percent that opposed it. I don't know if you're aware of this, but in the past four years, pretty much that 3 percent and one of the most famous scientists that was a big part of Bush Administration has now come out and said, I was wrong; global warming is happening as a result of man's greenhouse gas emissions. Andl sort of have a joke with my wife. We don't have kids. I suspect Miami will look pretty much the way it looks the rest of my life. You have Briana andl know you -- Andl forgot his name. I apologize. Commissioner Spence -Jones: Nathaniel and Noah. Vice Chair Sarnofff. Daniel [sic] and Noah. And this is really for them and this is really also for their kids because, you know, if we're wrong, we've really done -- we're really wrong maybe not for ourselves, but we're wrong for our children. Andl know you guys andl know you guys want to have your kids live here and live the same quality of life, a better quality of life than exists now, and that's why I call it a Pascalian Wager. You don't really have to agree. You don't have to say it is, but you could say it could be. And if it could be, couldl change a few things in my life. Commissioner Gort: You know, Commissioner, I commend you because I think that's something you have brought up to the City, and a lot of the implementation the City has taken is because of your pushing it and talking about it. The thing about this, this is still in debate in Congress. My understanding, there's a lot of pro and con. And just like we do here, we have our own discussions and we analyze things, and at the end, we come up with the right answer. And let me tell you, I was going to vote no for this. I was going to bring the argument. But I -- there's no way I can say no to you after all the appeal that you said, but I'd like to see -- to make sure -- because, you know, the debate is -- talks about the cap and trade. We have to be very careful because government a lot of times, we go to the extremes, so I like -- this is a symbolic message, but I want to make sure that the message is that they do the right thing. I don't want to do away with jobs. I don't want to do away with trading and we have to be very careful of. A lot of times our Legislature make certain laws that really affects -- they don't look at the impact of their laws. I just wanted to make that statement. Chair Suarez: Mr. Mayor, do you want to join the praise party? Mayor Tomas Regalado: Yes. I think -- I just want to also commend and support Commissioner Sarnoff. And I think it's important that we understand that the basis for the United States not to participate in the Kyoto protocol is that they say it's going to lose jobs in the United States. That has not been proven. Actually, there is a movement between mayors to support the Kyoto protocol. And, yes, it's a very stringent regulation that they have, but it has work in some parts City ofMiami Page 34 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 of the Europe. Other thing that I want to mention is that, you know, we are missing on a billion dollar industry because the coral reef in this area are disappeared, and everybody is going to Key Largo and the Keys. Andl will tell you that if we were to take more care of the coral reef -- there is a huge industry in the City ofMiami because we are blessed that we have the best coral reef area in front of the City ofMiami limit, so that's something to consider, you know. I mean, there are many studies. And, yes, people do not believe in global warming, and global warming can be cold. That's extreme temperature, and we have seen that. And in your district, when the no -name storm happened in 2000, we saw dozens of dozens of houses in Flagami that were destroyed by the water. The water can destroy properties to a level that it's irreparable. So I just want to add that that maybe in the future we can -- when we don't have RFPs (Request for Proposals) and other things to discuss, we can discuss the coral reef in this area because that is important. Chair Suarez: Mayor, I would welcome that. And without getting too much off on a tangent 'cause we started with clean air and now we're talking about coral reefs. But I fish those coral reefs. I spearfish those coral reefs and there are no fish left. And so to add to the, you know, beauty of the coral reefs, there have to be fish to look at, you know, when you go down there. Andl think -- you know, I would be supportive of any resolution by this body to urge the Fish and Wildlife Commission to put stricter standards on fishing because the fact of the matter is there's no fish there right now. There is none. I've been there. I've been going there for the last year and a half. I haven't seen what they famously call un pez perro, you know, Hog Snapper, you know, much less a school of Hog Snappers in like two years so. Commissioner Carollo: And Mr. Chairman, as you know, my youngest is a diver and that's what he says. And the National Parks is trying to ban fishing in some -- Chair Suarez: Biscayne Bay. Mayor Regalado: -- parts of the bay, and there is a lot of opposition to it by the commercial fishermen, and they claim that something -- you know, that that would hurt them and all that. But at the same time, divers like to dive when there are fish. Chair Suarez: Right. Mayor Regalado: And there are no fish here. Chair Suarez: Exactly. Vice Chair Sarnofff. Mr. Chair. Chair Suarez: Yeah. Vice Chair Sarnofff. Just one more quick thing. I don't know if you guys are aware, but up to this year -- so that we're in, what? We're in July of this year. Chair Suarez: 2012. Vice Chair Sarnofff. Okay. There have been 5,700 record temperatures recorded this year. Five thousand seven hundred local places have recorded record temperatures and that is off the charts. It's never been done before, and we still have how many months to go? Chair Suarez: Six months. Vice Chair Sarnofff. Fifty-seven hundred. City ofMiami Page 35 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: I just want to, you know, chime in and when the Mayor mentioned about the coral reefs and Commissioner Sarnoff mentions as far as Briana. Yeah, that's definitely something that I used to do with my dad when I was a little kid. I used to go out boating with my dad and fishing, eventually snorkeling and scuba diving over the years, and that's something that realistically, you know, now and in the future, I don't know how possible it's going to be with Briana, you know. Commissioner Suarez, I've seen the decline since -- and by the way, I've been going out with, you know, my dad that has since passed away, but since before that could actually swim. I had to have my life saver [sic] and so forth in going out there. And over the years I have seen the decline, you know, every two or three years, and realistically, not even as a of a year and a half ago; as of you know, three, four, five, six years ago, I -- really, the fish have disappeared. Andl remember at one time the Hog Snappers, they used to be everywhere. Chair Suarez: Everywhere, 20 feet of water. Commissioner Carollo: Yes, 20 feet of water, where you could snorkel -- Chair Suarez: Right. Commissioner Carollo: -- and now it's just, you know -- so that's something that -- in a way, it is quite sad to me because, like you said, when I think about my daughter. That's something that, you know, unfortunately, unless we do something drastic and quickly, I may not be able to share it with her. Chair Suarez: Yeah. And I'm sorry to, again, harp on this issue, but it's kind of near dear to my heart, but you know, I think you're absolutely right. About six years ago is when I started to see the decline, but about a year and a half ago there was like nothing. I mean, I didn't see anything. And then you would see a fish that may be close to the 12 -- 'cause Hogs is a 12-inch catch limit, so maybe -- like you felt sorry for it. You know, run, little man, run, you know, and you're out there fishing, you know. And so it's a very sad predicament. Commissioner Carollo: Yeah. And I'll go a step further. I remember speaking with my dad and we would still go out there boating, but my dad would tell me stories that, Frankie, a few years ago, we could actually fish off the bridges here and catch fish." Chair Suarez: Right. Commissioner Carollo: You know, I used to go with your brother and we used to get Mackerel and we used to get different fishes. "And now we couldn't -- I couldn't share that with my dad because now we had to be on a boat and actually go out to the ocean. And now you can't even got [sic] in a boat and go out in the ocean because there's no fish out there. So thank you. Chair Suarez: There's a motion and a second. All in favor, signift by saying aye." The Commission (Collectively): Aye. Chair Suarez: I should have asked is there any further discussion before I said that, so my bad. Adopted the Consent Agenda Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff City ofMiami Page 36 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 END OF CONSENT AGENDA PERSONAL APPEARANCE PA.1 PRESENTATION 12-00753 District 4- IVONNE PEREZ-SUAREZ, CONSUMER ADVOCATE FOR THE FLORIDA Commissioner DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (THE Francis Suarez "DEPARTMENT"), TO ADDRESS THE DEPARTMENT'S CONSUMER EDUCATION EFFORTS. 12-00753 Ivonne Perez -Suarez - Dept. Consumer Edu.pdf PRESENTED Chair Suarez: Personal appearance, Ms. Suarez. Commissioner Gort: Well, we got the right to pull it out though. Chair Suarez: You are recognized. Thank you for your patience. She's not related to me, by the way. Commissioner Spence -Jones: Okay. Ivonne Perez -Suarez: No. Chair Suarez: There is no relation. I'm not that lucky. Ms. Perez -Suarez: Good morning, Mr. Mayor and board of City ofMiami Commissioners. My name is Ivonne Perez -Suarez, and I am the -- here to represent Florida State Department of Agriculture and Consumer Services, Commissioner Adam Putnam. Andl want to introduce you all to myself -- or reintroduce myself to you. I am the new consumer advocate for Palm Beach County, Broward, andMiami-Dade. And Commissioner Putnam's goal is to work with your offices to get out the word to your residents on how they can protect themselves from consumer frauds. So what we're hoping to do is work with your offices -- and I've already reached out to you and met with some of you -- to perhaps join efforts in events that you may be hosting that we can attend and that we can inform your residents, be it a town hall meeting, any special projects or events that you will all be hosting and that we would like to be there. He wants to make sure that his presence and the presence of his department is known to our local community, and look forward to working with all of you. I know you have a busy day ahead so I don't want to take too much time. Our offices are located in the Doral area, but we'll be moving soon, and again, you all -- your offices have my contact information and please feel free to reach out to me. I have already -- like I said, I've met with some of your offices. And anything that we can do as far as consumer services and even agriculture 'cause I'll be a little bit involved in that as well -- it's a new job so we're starting and it's a new position and it's something that's developing. So I'm very happy to be here, and thank you for the opportunity on behalf of Commissioner Putnam. Chair Suarez: Thank you, Ms. Perez -Suarez. Ms. Perez -Suarez: Thank you. Chair Suarez: Andl very much enjoyed working with you in your prior -- City ofMiami Page 37 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Ms. Perez -Suarez: Thank you. Chair Suarez: -- job with a dear friend and mentor, Commissioner Rebeca Sosa -- Ms. Perez -Suarez: Yes. Chair Suarez: -- who has a lot of overlapping jurisdiction with my district. So I'm happy to see you doing well. It's sad to see you go in that sense -- Ms. Perez -Suarez: Thank you. Chair Suarez: -- but -- Ms. Perez -Suarez: Thank you, thank you. Chair Suarez: -- you know, congratulations and good luck. Is there any questions for Ms. Perez -Suarez? Commissioner Gort: No. I gave her some suggestions, so that might help in a lot of the districts Ms. Perez -Suarez: Yeah. Commissioner Gort: -- some things that been done in other cities, so I hope they can do it. Ms. Perez -Suarez: Yes. And we will get back to you on -- Commissioner Gort: Thank you. Ms. Perez -Suarez: -- with a response on that. Chair Suarez: Thank you. Ms. Perez -Suarez: And thank you very much. END OF PERSONAL APPEARANCE PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 12-00665 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community ALLOCATION OF ADDITIONAL COMMUNITY DEVELOPMENT BLOCK Development GRANT FUNDS IN THE AMOUNT OF $15,000 FROM THE DISTRICT 5 ECONOMIC DEVELOPMENT RESERVE ACCOUNT; ALLOCATING SAID FUNDS TO LITTLE HAITI HOUSING ASSOCIATION, INC. FOR TECHNICAL ASSISTANCE TO MICRO -ENTERPRISE BUSINESSES; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. City ofMiami Page 38 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 12-00665 Summary Form.pdf 12-00665 Notice to the Public.pdf 12-00665 Pre-Legislation.pdf 12-00665 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort R-12-0250 Chair Suarez: PH.1. George Mensah: Good morning, Commissioners. PH.1 -- This is George Mensah, director of Community Development. PH.1 is authorizing the Manager to sign a contract with Little Haiti Housing Association for an additional $15, 000 from the District 5 economic development reserve account for assistance to microenterprise businesses in District 5. Chair Suarez: Is there a motion? Commissioner Spence -Jones: It's a public hearing, thought, right? Chair Suarez: Yeah. I'm going to open up the public hearing -- Commissioner Spence -Jones: Oh. So moved. Chair Suarez: -- after entertaining -- Commissioner Spence -Jones: So moved. Commissioner Carollo: Second. Chair Suarez: Moved by Commissioner Spence -Jones, second by Commissioner Carollo. This is a public hearing. Anyone from the public wishing to speak on PH.1? Seeing none, the public hearing is closed, coming back to this Commission. All in favor, signift by saying aye." The Commission (Collectively): Aye. Chair Suarez: You gave me a little gesticulation there. I was uncertain. PH.2 RESOLUTION 12-00666 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community CITY MANAGER, AFTER CONSULTATION WITH THE COMMUNITY Development DEVELOPMENT DIRECTOR AND THE CITY ATTORNEY, TO EXECUTE DOCUMENTS IN CONNECTION WITH THE DEFEASANCE OF THE SECTION 108 LOAN FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, LOAN B-90-MC-12-0013, RELATING TO SOUTHEAST OVERTOWN PARK WEST, WITH A PRINCIPAL BALANCE OF $1,250,000, AND INTEREST PAYMENTS OF $30,875; FURTHER AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE COMMUNITY DEVELOPMENT DIRECTOR AND THE CITY ATTORNEY, TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID City ofMiami Page 39 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 PURPOSE. 12-00666 Summary Form.pdf 12-00666 Notice to the Public.pdf 12-00666 Pre-Legislation.pdf 12-00666 Legislation (Version 2).pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PH.2 was deferred to the July 26, 2012 Commission Meeting. Direction by Vice Chair Sarnoff to the Administration to provide a memo to the City Commission five days prior to the July 26, 2012 Commission Meeting, factually outlining the following: 1) origin of the Section 108 Loan from HUD (Department of Housing and Urban Development) relating to the Southeast Overtown Park West Community Redevelopment Agency, 2) what the funds were spent on, 3) how the loan was spent down, 4) the payment sources and how they were reimbursed, 5) a history of purchases made with the funds and the present status of those purchases, 6) and finally an explanation as to why it is a good idea to pay the $1.8 million balance. Chair Suarez: PH.2. George Mensah (Director, Community Development): PH.2 is a resolution authorizing the City Manager to sign documents in connection with the defeasance of Section 108 loans from the United States Department of Housing and Urban Development, in an amount of $1.8 million and interest payments in the amount of $43, 000, relating to the Southeast Overtown/Park West Section 108 loan. Chair Suarez: Okay, is there a motion on this item? Commissioner Spence -Jones: Discuss -- Chair Suarez: Or discussion before a motion. Commissioner Spence -Jones: Well, first, I -- Chair Suarez: 'Cause I have some discussion on this too. Commissioner Gort: Public hearing. Commissioner Spence -Jones: Public hearing, so let's hear from the public. I want to hear -- Chair Suarez: Yeah, let's open up the public hearing on PH.2. Mr. Muhammad. Grady Muhammad: Good morning, Mr. Chairman -- Chair Suarez: Two minutes, brother. Mr. Muhammad: -- Commissioners. Grady Muhammad, president and CEO (Chief Executive Officer) ofMiami Dade First, 5426 Northwest 7th Avenue. We shouldn't be paying this whole $1.8 million Section 108 money backs [sic] because we're closing our contracts. This is where you all at, the Citadel of the CRA (Community Redevelopment Agency) offices are, the Citadel. This is a failed. That's why the City is paying it, but a million dollars more than what the debt services do. We can literally use these funds to be on the streets. Mr. Mensah stated two weeks ago or at least about a month ago, "Mr. Muhammad, when the microenterprise grant came out, City ofMiami Page 40 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 even you can apply." Well, that was real disingenuous because it was real specific. Northeast 2ndAvenue. I'm Haitian, butl don't own a business in Northeast 2ndAvenue from 54th to 71st Street. District 5 needs businesses. District 5 has organizations that applied for the microenterprise grant, despite it was limited to -- but it said on the application District 5 citywide, but it was just limited to a target area. Seventh Avenue needs it. Seventeenth Avenue needs it, Sixty -Second. And these monies that are Community Development Block Grant funds, instead of being used to repay this full Section 108, unlike Parrot Jungle, we should not use all of these funds to pay it. Curly [sic] House has an organization that employs people with the Marlin's. They've done it for years, Centerplate. They have -- that's a job creation. They do about a average -- (UNINTELLIGIBLE) about 1,900 people over a year with the hundred events that they're doing. You have about 38 people per event that's part time, equals to -- that's 19 full-time employees. You got a hundred events. You got 1,900 employees. This is the kind of money that needs to go where jobs are being created, not to repay Section 108 or repay HUD (Department of Housing and Urban Development) for failed Section 108. We are pay -- we're current. We should continue to pay the debt service, but an additional million dollars, we should bring that back to the community and to those streets. Thank you, Chairman and Commissioners. Chair Suarez: Thank you, sir. You know, I don't know if you want to discuss this before entertaining a motion. Is there anyone else -- let's close the public record first. Is there anyone else wishing to speak on PH.2? Seeing none, the public hearing on PH.2 is closed. You look like you want to jump in on this. Okay, go ahead. Commissioner Spence -Jones: Okay. First of all, let's be very clear on this item. This is not an item I put on the agenda. I know that -- because it's in Overtown, the assumption is it's a Spence -Jones driven thing. So I just want to be clear. Please put that on the record, George, correct? Mr. Mensah: Yes. This is an item that -- Commissioner Spence -Jones: Not yes. Mr. Mensah: -- the Administration -- Commissioner Spence -Jones: No, I did not put this on as an item. Mr. Mensah: It's an Administration item. Chair Suarez: Commissioner, you did not -- Mr. Mensah: It has no -- Chair Suarez: -- put this on the agenda. Mr. Mensah: Yes, the Commissioner did not put it on the agenda. Commissioner Spence -Jones: All right. So I just want to be clear because when I read it, I asked the question what is this, correct, George? Mr. Mensah: Yes, you did. Commissioner Spence -Jones: Okay. So I just want to be clear so my fellow colleagues, as you guys getting ready to ref up and make a comment on this issue, what was explained to me regarding this issue was we had to pay -- you only had a certain period of time to pay back the loan, correct, the debt? City ofMiami Page 41 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mr. Mensah: The debt is being paid. We pay it every year. Commissioner Spence -Jones: Right. Mr. Mensah: As you know -- Commissioner Spence -Jones: But you have to spend down a certain amount of money over a certain period. Mr. Mensah: -- every year -- it's just that I have a timeliness issue, which I've been talking to the Commission for some -- quite some time now that we need to be spending money. There are certain funds that are with -- that are not within my control. There are certain funds that are with the district. There are certain funds that came -- that comes in that, by City Commission resolution, can be used for housing and economic development. And periodically we come to Commission to deobligate funds and use it for specific purposes. So this one -- this purpose -- sole purpose is to help us spend down money. Commissioner Spence -Jones: Right. Mr. Mensah: This loan will be pay off in three years. We always pay 550 -- presently, $550, 000 every year. If this item doesn't pass, in August 1 we have to wire to HUD $550, 000. So we still pay this loan. Commissioner Spence -Jones: And you're -- just so I'm clear, George, just so I'm clear, because Mr. Mensah: Yes. Commissioner Spence -Jones: -- you know, I agree with Grady on some of the issues, and that is we know how bad all of us need dollars to support programs and projects in our areas, all of our areas. Mr. Mensah: Yes. Commissioner Spence -Jones: What was your reasoning for -- because I've been back for almost a year. Mr. Mensah: Yes. Commissioner Spence -Jones: As of August, it'll be a year. Mr. Mensah: I was -- Commissioner Spence -Jones: And ifI knew the program income was here, you know, as an issue and -- 'cause you know I don't have a problem with spending money in my district not for CD (Community Development), you know. So we -- for the most part, in our -- just correct me if I'm wrong, George. In my district, we move the monies on the streets. Mr. Mensah: Yes, you do. Commissioner Spence -Jones: Okay. So my question is -- I'm not -- you mentioned that you have brought up to this City Commission body several times before how important it is for these dollars to get moved. City ofMiami Page 42 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mr. Mensah: Yes. Let me -- Commissioner Spence -Jones: Had -- I just want to ask this -- 'cause I -- Chair Suarez: I -- Commissioner Spence -Jones: Do you recall this? Chair Suarez: I do recall that. Commissioner Carollo: Yes. Commissioner Spence -Jones: Okay. Chair Suarez: I do recall that. Commissioner Carollo: Absolutely. Commissioner Spence -Jones: So -- and who -- Mr. Mensah: Andl will explain. I just want to explain so you -- Commissioner Spence -Jones: Yeah, just 'cause I want the public to understand it -- Mr. Mensah: Yes. Commissioner Spence -Jones: -- and all of us to understand it. Mr. Mensah: Yes. The -- HUD has a regulation that says that 45 days -- about 60 days before your calendar -- your fiscal calendar year, they will test what is referred to as timeliness test, which means that you cannot have more than one and a half times your annual allocation in your line of credit, which is kept in the -- Chair Suarez: Your reserve, basically. Mr. Mensah: -- treasury. So our job, what we do is that, under HUD's accounting system -- Commissioner Spence -Jones: Yes. Mr. Mensah: -- there's a particular report that is called timeliness report. Commissioner Spence -Jones: Right. Mr. Mensah: And when you print that report, it tells you how much money you have to spend between the date you print the report and that date. So you look at your projects, ongoing projects to see which ones you can push to spend the money and you look at what you have that you haven't been committed and see which one can you commit so that the money gets spent. Commissioner Spence -Jones: Right. Mr. Mensah: In November, last October we got a notice from HUD that says that, look, you guys, you have a spending problem. Do something about it. So right away we looked at what we have, what is not going. Right away I sent a letter to all the facade and all the commercial economic development projects, give them the deadline of August to finish all their projects, because we have some projects that been going on for five years. Now, currently, we have $12 City ofMiami Page 43 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 million in projects in -- that is out there, open activities. If we spend all the $12 million, we will not -- between now and February, we won't have a problem, butt know that there are some of the money that cannot be spent between now and February because we just gave some of the money in February or in March. Commissioner Spence -Jones: Yeah. Mr. Mensah: So my job as a director was to look at it and see how can I effectively spend a lot of money between now and February 1. One of the ideas I came to, I looked at some of the projects that is not moving forward; we deobligated projects; we took the balances of projects; came to Commission last Commission meeting; you agreed and allowed us to purchase equipment for the Fire Department. That is $1 million that will be spent in two months, so that is gone. I looked at the amount of money that has not been committed. We have -- according to HUD, we have $5.4 million that is sitting and that we haven't even committed it at all. Now, some of the money is in reserve for the districts, about $3.5 million in reserve for the districts. The rest is money that we have not committed, which is not in the districts, and those are monies that came in through repayments, through deobligations, and through program income. So I looked at what can do andl saidl have 1.8. I have Section 108 that I'm paying on an annual basis. I can easily pay that off. Now, ifI did pay that off what happens is that next year, I don't have to make $550 payment -- $550, 000 payment. That money goes to the districts, like we always do. So -- but then it helps me in terms of spending down the funds. The HUD regulations says that if the entity does not meet the timeliness test -- they look at a difference of what you did not spend and they deduct it from your annual allocation so -- which means that if, by January 31, I'm short by $2 million, HUD will take it I don't need those $2 million, so they're going to deduct my $4.9 million annual allocation and now I'm only going to get 2 million -- $2.9 million annually for the next how many years. Now that is a punishment which I'm trying not to be (UNINTELLIGIBLE) on the City. So I called HUD right away, andl know that is very difficult, andl told them that, look, some of the reasons of this timeliness, you, HUD, caused it on us; because if our allocation was $7.5 million annually, I will have to keep 1.5 times 7.5, which would have given me 11, $12 million in the account, but you reduced it to $4.9 million, which means now I can only keep $7 million in the account. So by the reduction of the CDBG (Community Development Block Grant), I'm straight away have to spend 5, $6 million right off the bat. So what I'm doing -- Chair Suarez: So it's like a double whammy. It's like a double whammy. You got -- Mr. Mensah: Exactly. Chair Suarez: -- you get less money and you got to spend more money quicker. Mr. Mensah: Exactly. Commissioner Spence -Jones: And are you saying that because if we don't spend this money down, then this affects next year's allocation? Mr. Mensah: It kind of -- Commissioner Gort: Yes. Mr. Mensah: -- affects next year's allocation. Commissioner Spence -Jones: Okay. Mr. Mensah: So -- and HUD -- and one other thing I also want to tell you that HUD can look at our spending habits and our allocation and say that -- they can decide that, okay, we're not City ofMiami Page 44 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 going to enforce the penalty on the City, but it means that I have to try and allocate all the $5.3 million thatl have in reserve that has not been spent. So, Commissioners, I'm entreating you. It's important. If you have money in reserve, please, let's spend -- let's allocate it at least, at the minimum. Commissioner Spence -Jones: Are you having -- Mr. Mensah: Let's allocate it. Commissioner Spence -Jones: -- challenges from any of us -- any of the Commissioners with allocating? Mr. Mensah: Well, there are some monies and you have about $3.5 million. I know we've come to -- some of them will be coming -- back to Commission. But I need by now to February at least all the money that we have to allocate so I can tell HUD, look, I've allocated all my monies, they are being spent, they should be spent. Commissioner Spence -Jones: Okay. And in closing, just so I'm clear. So I wanted to make sure everybody understand the framework, I'm assuming, how you made your own decision. Mr. Mensah: Yes. Commissioner Spence -Jones: Just so that I'm clear, how was this particular allocation -- why did you determine that this particular allocation -- these dollars should be used for this issue? Mr. Mensah: Because I'm just trying to avoid having a timeliness issue, because that is the only money that I think can be spent quicker. Commissioner Spence -Jones: Okay. Mr. Mensah: I can't -- I cannot -- Commissioner Spence -Jones: But I just want to be clear that this is not a CRA debt. Mr. Mensah: No, no, it's not a CRA. Chair Suarez: CRA. Commissioner Spence -Jones: Just want to be clear. Mr. Mensah: No, no. Commissioner Gort: It's clear. She did not ask you to put it on the agenda. That, we got it clear. Chair Suarez: And it's not a CRA debt. Commissioner Spence -Jones: 'Cause believe me, I can find 1.8 -- Commissioner Gort: I think we can all find how to -- Commissioner Spence -Jones: -- a way that we can spend $1.8 million in my district. Commissioner Gort: -- we got a lot of infrastructure that needs to be improved within the City now. City ofMiami Page 45 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: Yes. Commissioner Gort: Let me ask you a question because I think it's important that the public understands that you have to utilize the money according to the allocation in the programs that they tell you. Mr. Mensah: That's true. Commissioner Gort: In other words, a lot of this money cannot be used for social service until they pass that in there. So it's important that people know a lot of the money cannot be used in social services. A lot of the money has to be used in definitive programs. Okay. Mr. Mensah: I'm glad you put on the record. This money -- Commissioner Gort: It's important that you put that in. Mr. Mensah: -- cannot be used for social services. It cannot be used for public services. You can't give it to agencies -- Commissioner Spence -Jones: But what can it be used for so we're clear? Mr. Mensah: Economic development; can use for infrastructure; it can use for housing. It can be used for those things. But I shied away from construction because if you go -- if you (UNINTELLIGIBLE) to construction before they do the design, I have environmental clearance alone will take them six months -- Commissioner Spence -Jones: Oh, I see. Mr. Mensah: So that's the reason why I use the -- chose this method 'cause it's easier to do it. Commissioner Spence -Jones: Could you use it -- can you use program income for abandoned houses and all of that, though? Mr. Mensah: For buying abandoned houses? Commissioner Spence -Jones: No, for knocking down abandoned houses. Mr. Mensah: We have money for that. We have money for -- Commissioner Spence -Jones: No. But I'm saying can this money be --? Mr. Mensah: Oh, yes, of course, of course. Commissioner Gort: Yes. Mr. Mensah: But we have money currently for that. Commissioner Carollo: Among other things, there's a long list -- Mr. Mensah: A long list of things you can use it for. Commissioner Carollo: -- of things that it can be used for. Mr. Mensah: Yes, yes. City ofMiami Page 46 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: There really is a long list of -- Commissioner Spence -Jones: Okay. But this is a timely issue -- Mr. Mensah: A timing issue, yes. Commissioner Carollo: But at the same time -- Commissioner Gort: Let me know; I can use it. Commissioner Carollo: -- Commissioner -- and I'll just speak on the item itself, you know. Normally, Mr. Mensah -- Mr. Mensah: Yes. Commissioner Carollo: -- you know, when I request information, I don't receive it on time or we haven't figured out, you know that usually vote against it. Mr. Mensah: I -- Commissioner Carollo: However -- Mr. Mensah: Okay. Commissioner Carollo: -- you know, on this case, I understand what you're saying, andl actually agree with the concept of why you're using the money for this. You know, there's information that I've requested. I received some of it. I'm not -- I have questions about it and one is, you know, as far as all the citywide monies are there which, it's my understanding, is about 12 point something million. Mr. Mensah: No. Commissioner Carollo: No. Then the information -- Mr. Mensah: Let me -- Commissioner Carollo: -- I received is wrong and that's why -- Mr. Mensah: No, no. Let me explain it to you. Commissioner Carollo: See, 'cause if you have -- Mr. Mensah: As you know -- Commissioner Carollo: -- to spend down 10.7 million -- is that correct? Mr. Mensah: Yes. Commissioner Carollo: -- by a certain time -- Mr. Mensah: Yes. Commissioner Carollo: -- you know, in the districts alone there's 3.5, more or less. You know, I'm just using rough numbers. There's got to be somewhere else that there's a big pot of money of City ofMiami Page 47 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 projects -- Mr. Mensah: Twelve million dollars. Commissioner Carollo: Right. -- of projects -- Mr. Mensah: Yes. Commissioner Carollo: -- and that's what I requested -- of projects that have not been completed. Mr. Mensah: I -- Commissioner Carollo: I know for a fact, I have been pushing for months, andl have sent e-mails (electronic) with regards to one project in District 3. And I'm saying, hey, if there's a timeliness test, you know, if we're -- we need to push it, we need to have it -- so -- Mr. Mensah: I agree with you, Commissioner. Commissioner Carollo: And in essence, what I'm saying is -- you know, I'm going to be supportive of this 'cause I understand the concept. But please understand that, yeah, when we request information -- I know you couldn't make it to the meeting and stuff -- I do want it because you know the norm has been ifI don't get, I'll vote against it and so forth. And just in this case, I really believe in this concept. I understand there's a timeliness issue, and I'm going to be in favor of it, but I think, in the next day or two, we need to go over the information that I received and really -- Mr. Mensah: Yes. I'll gladly go over it with you. The information that I sent out was two parts. Most of the -- all (UNINTELLIGIBLE) from HUD. One was a HUD PR -- we call it PRO] report, which shows how much money that we have to spend. And then I also provided to you PRO2 report, which shows you all the activities that -- it's about four or five pages -- shows you every activity that we funded, how much provided to it, and how much is left. It's in the packet that sent to you, but I'm willing to come and go over it with you so you can see where those funds are. Commissioner Carollo: Not a problem. Mr. Mensah: Thank you. Chair Suarez: Andl want to say too -- and we didn't get a chance to brief and that's because of the nature of all the other things that were going on. Mr. Mensah: I know, I know, I know. Chair Suarez: And I did get a briefing from the Administration. But, usually, when you have several items, you come and you brief me individually. Mr. Mensah: I was there. You -- there was other issues going on so. Chair Suarez: Right. You know, and one of the things that was curious about -- andl think some of it has been answered up here on the dais, and it's similar to Commissioner Carollo's concern -- is where was the actually 1.8 coming from? You know, I didn't have -- there wasn't in the backup, that I could see, a financial breakdown as to where -- you did send a memo about the reserves and the districts andl did read that. City ofMiami Page 48 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mr. Mensah: Yes. Chair Suarez: But I don't -- I didn't -- I couldn't tell from the backup specifically where the 1.8 was coming from. Mr. Mensah: Okay. Chair Suarez: And that was one thing asked -- Mr. Mensah: Yeah. Chair Suarez: -- by the Administration. I don't know if they passed that question to you. Mr. Mensah: No. I did -- and that's the reason why yesterday I provided the -- where the monies were coming from. Commissioner Carollo: And I'm sorry. I'm just -- Mr. Mensah: That's okay. Commissioner Carollo: -- something I had asked and received that, even though I wanted to break it down even more and you said that was going to be hard, but still -- Mr. Mensah: Yeah, we -- yes. Chair Suarez: I didn't get that. Commissioner Carollo: I'm at least comfortable enough where, you know, it appears that, you know, it's legit, not that it wouldn't be but -- Mr. Mensah: Okay. Chair Suarez: It's too legit to quit. Commissioner -- Vice Chair. Vice Chair Sarnoff Thanks, Mr. Chair. Mr. Mensah -- Mr. Mensah: Yes. Vice Chair Sarnoff -- I -- my briefing was on Tuesday. I certainly did not understand this on Tuesday. I subsequently got an e-mail on Wednesday, andl candidly don't understand the e-mail. I have never voted on something that I just don't get. Mr. Mensah: Okay. Vice Chair Sarnoff I get the concept. The concept I'm getting is that you have to spend down HUD money -- Mr. Mensah: Yes. Vice Chair Sarnoff -- because there's a certain formula you have to comply with. Mr. Mensah: Yes. Vice Chair Sarnoff Andl take it that you are paying back a debt owed to HUD? City ofMiami Page 49 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mr. Mensah: Yes. It's actually to investors through HUD, yes. Vice Chair Sarnofff. Well, I want you to answer yes or no to my question. You're paying back an obligation owed by the City ofMiami that it would otherwise owe? Mr. Mensah: Yes. Vice Chair Sarnofff. And you're doing this with program dollars? Mr. Mensah: Yes. Vice Chair Sarnofff. And if, in fact, this money was not paid back within this timeliness issue -- Mr. Mensah: Yes. Vice Chair Sarnofff. -- the City would owe that money back to the federal government? Mr. Mensah: We still owe -- not the City's general fund. This is money that we pay every year. We've been paying on it every year. So if this -- if we don't pay it, we will continue to pay the five hundred and something thousand dollars in August 1, we will pay February 1 -- Vice Chair Sarnofff. Okay. Now I'm really confused. So, ordinarily, a debt is as a result of somebody wanting to procure, buy, build, do something. Mr. Mensah: Yes. Vice Chair Sarnofff. So -- and l jokingly said to the Manager, okay, we bought five chickens in 2000. We used those five chickens. Sorry, Commission; they're no longer alive, but we got to pay back those five chickens. What did we buy with whatever money we -- what was the -- Chair Suarez: What did we use it for? Vice Chair Sarnofff. -- original debt? What was -- how was the amount -- let's analogize a car. We bought a car. Mr. Mensah: No problem. Vice Chair Sarnofff. Car cost this much money. We paid down this much on the car. Sorry, Commissioner; the car's no longer available. Explain to me like that. Mr. Mensah: The money was used -- as you know, this happened in 1986. And subsequently, in 1980 -- the memos that I've seen on record from the City Manager at that time to City Commission talked about the loans being used to acquire properties in the Southeast Overtown/Park West CRA area. Subsequent to that, I've also learned that those parcels -- some of those parcels were sold to -- was transferred to MSEA (Miami Sports & Exhibition Authority) and MSEA sold it for the benefit of the City. And as part of whatever agreement the City had with the CRA, the City took over those obligations. Because, technically, those funds -- the City had the money to have repaid all those loans, all the loans, the (UNINTET,TIGIBT,F) loan. That was not done. And so for the last five years -- Vice Chair Sarnofff. So stop, stop, stop, stop, stop. The City -- 'cause I -- you know, I could easily walk off the dais and not vote on this, and maybe out of courtesy to you guys, I should do this 'cause I don't get it. So the City bought some land in Southeast Overtown/Park West. It transferred it to MSEA. MSEA apparently didn't pay back the City for the land, right? City ofMiami Page 50 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mr. Mensah: I want -- Commissioner Spence -Jones: Actually, Miguel has said -- let's ask -- Miguel, can you explain it? Mr. Mensah: -- Miguel to explain this. Chair Suarez: MSEA? Commissioner Spence -Jones: Yes. Vice Chair Sarnoff. That's what I'm hearing. I mean, this is -- Commissioner Spence -Jones: MSEA. This is -- Chair Suarez: The Miami Sports and Exhibition -- Commissioner Spence -Jones: Andl guess that's going to be a part of Commissioner Carollo's discussion later on is MSEA. Mr. Mensah: Also, Frank, who was the director at that time -- Commissioner Spence -Jones: There's MSEA again, right? Mr. Mensah: -- has agreed to assist me with that explanation. Miguel Valentin (Finance Officer, Community Redevelopment Agency): Miguel Valentin. Chair Suarez: Now I'm -- Vice Chair Sarnoff But here's my -- Chair Suarez: -- really lost. Chair Suarez: -- point. Commissioner Gort: What year was that? Vice Chair Sarnoff I mean, here's my point. I mean, I don't know what I'm voting for. Chair Suarez: Now I'm really lost. Vice Chair Sarnoff And -- Chair Suarez: Can we both step off the dais? Vice Chair Sarnoff -- I complained about this on Tuesday, andl get a memo -- you know, I think I'm as capable as anybody up here of reading -- andl didn't understand the memo. Commissioner Spence -Jones: Commissioner Sarnoff. Chair Suarez: Can we defer it? Commissioner Spence -Jones: I concur. I think we all do. So, perhaps, we should defer this -- City ofMiami Page 51 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: Has there been a motion? Commissioner Spence -Jones: -- until the next City Commission meeting. I just want to make sure, George, there's no timeliness issue with us addressing the issue 'cause there's -- but I still would like for Miguel to put it officially on the record now how the transaction actually happened so that at least -- we at least hear it all at once. Mr. Mensah: Yes. On August 1 we have to pay five hundred and something thousand dollars to HUD, so if this item gets postponed we still have to make that payment. Commissioner Carollo: By when? Commissioner Spence -Jones: Okay. Mr. Mensah: That's what I'm saying. Commissioner Carollo: By when? Commissioner Gort: Question, the original -- Commissioner Spence -Jones: August 1. Vice Chair Sarnoff August 1. Mr. Mensah: We usually send out -- Vice Chair Sarnoff We could do it the next Commission meeting. Mr. Mensah: -- July 23 -- Commissioner Spence -Jones: August 1. Mr. Mensah: -- so that it's due August 1. Commissioner Gort: Question, the original loan was created what year? Commissioner Spence -Jones: Let -- Mr. Mensah: It started out in 1986. Mr. Valentin: 1986, yes. Commissioner Spence -Jones: You want to -- Commissioner Gort: 1986? Vice Chair Sarnoff Okay. Mr. Valentin: Yes. Commissioner Carollo: Now -- Commissioner Spence -Jones: Were you here? Mr. Valentin: When Maurice Ferre was here. City ofMiami Page 52 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: Okay. Chair Suarez: 1986. Commissioner Gort: I wasn't here. Chair Suarez: What's that? Mr. Valentin: Maurice Ferre, I think it was. Chair Suarez: No. There was another person that was Mayor of the City of Miami in 1986. Commissioner Spence -Jones: Okay. Can you put it on the--1986. Chair Suarez: I know him real well. Commissioner Spence -Jones: Oh, Frank was there. Mr. Mensah: (UNINTET,TIGIBT,F). Frank Castaneda (Executive Assistant, District 1): Let me clam what happened. We're going around the -- in circle. Commissioner Spence -Jones: Name for the record. Commissioner Gort: Who you are. Mr. Castaneda: Frank Castaneda, Commissioner Gort's office. In the 1980s, the CRA wanted to float a bond and they did float a bond. I forget the exact amount of the bond. But as the months went by, they were unable to meet that obligation. So at that time, Cesar Odio came to Community Development and said, "Hey, look, we're going to go in default in the CRA bond and we can't do that. We need some bailout." At that time we went to HUD. We got HUD to approve a refinancing, which is usually not permitted and it was approved at the highest level in HUD, which permitted us to refinance the CRA money -- the CRA bond and use Community Development Block Grant funds to pay off the debt and -- Chair Suarez: A pledge? There was a pledge of CD funds? Mr. Castaneda: No, there was no pledge. Chair Suarez: No, no. I mean, you pledged the CD -- you were allowed by HUD to pledge the CD funds for the loan? Mr. Castaneda: No, no. We re -- we paid off the CRA bond. Chair Suarez: You financed off the revenue stream. Mr. Castaneda: Right. Chair Suarez: And you paid off the -- okay. Commissioner Spence -Jones: Now how did -- what -- Frank, what didMSEA have to do with it? Mr. Castaneda: That was an after -the -fact issue. The reason that CD was involved was to pay City ofMiami Page 53 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 off the bond, and we obtained -- Commissioner Spence -Jones: So how did MSEA come in --? Mr. Castaneda: It's immaterial. How MSEA -- what property was acquired and what property was not acquired was not part of the financial -- Commissioner Spence -Jones: Yeah, I think this item needs a little bit more clarity because -- Commissioner Carollo: MSEA's always involved. Commissioner Spence -Jones: -- I've now heard like three different stories. Chair Suarez: Defer it. Vice Chair Sarnoff. Does this -- and I -- does this tie into the $1.8 million that you're refinancing on the 40 million --? Commissioner Spence -Jones: That's a separate 1.8 that we're spending. Vice Chair Sarnoff. Same number -- Commissioner Spence -Jones: Same number. Mr. Valentin: But it's sep -- Vice Chair Sarnoff. -- but a separate 1.8. Commissioner Spence -Jones: Yes, that the CRA is paying back. Chair Suarez: Zero, zero, zero, zero, zero. Commissioner Carollo: And ifI may, Mr. Chairman. Chair Suarez: Yes, of course. Commissioner Carollo: When I -- and I want to be clearer when I say that I understand the concept and the reason why Mr. Mensah is doing this, what I am saying, I understanding the concept. Hey, the bottom line is we have to pay this loan, you know. No matter how it happened, no matter, you know, what occurred in the past, the bottom line is we have to pay this loan, and therefore, if we have the money, we should pay the loan. And I'm putting it in clear terms, layman's terms. If there is money that we need to spend down, we have it, let's pay down the loan or let's pay off the loan. Vice Chair Sarnoff. Right. Commissioner Carollo: And then, in essence, what's going to happen is next year we will have an additional five hundred and something thousand dollars -- Vice Chair Sarnoff. Right. Commissioner Carollo: -- that then we can, you know, allocate within districts. Commissioner Spence -Jones: So are you offering this up in a motion, or do you want to defer this to the next meeting? City ofMiami Page 54 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: Listen, I -- like I said, I'm comfortable with it. You know, I'm comfortable voting on the -- Commissioner Gort: I will make the motion. I move it. Commissioner Spence -Jones: Okay, motion. Second? Commissioner Carollo: I'll -- yeah, I'll second it. And -- Commissioner Spence -Jones: Okay. Commissioner Carollo: -- like I said, I'm comfortable. Now -- Chair Suarez: Okay. It's been moved and -- Commissioner Carollo: -- that doesn't mean I'm comfortable with the way it happened way back when and -- Commissioner Spence -Jones: Oh, I understand. Commissioner Carollo: I'm comfortable -- Commissioner Spence -Jones: But that's why I'm sure you got your -- Commissioner Carollo: Right. Commissioner Spence -Jones: -- charter amendments coming up this afternoon. Commissioner Carollo: What I am comfortable is -- Commissioner Spence -Jones: Just promise me we'll go home by what time tonight? Commissioner Carollo: 10, 11 p.m., I thought, you know. Well, before midnight. Chair Suarez: I'm adjourning at 10, if you go past 10, so I'll tell you that right now . That's what our ordinance says -- our code. Anyhow -- Commissioner Carollo: Anyways -- and in fairness to -- Commissioner Gort: There's a motion and a second. Commissioner Carollo: -- Commissioner Sarnoff -- Chair Suarez: There's a motion and a second. Commissioner Carollo: -- do you understand what I'm saying, Commissioner Sarnoff? Vice Chair Sarnofff. No, I under -- Commissioner Carollo: There is a -- there's a loan that -- Vice Chair Sarnofff. I -- look -- Commissioner Carollo: -- we have to pay off. City ofMiami Page 55 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Vice Chair Sarnofff. -- I get it. But here's my problem, I just -- I'm a Doubting Thomas, always have been. And the more you live at City Hall -- Commissioner Gort: You're a lawyer. Vice Chair Sarnofff. -- the more you doubt. I -- I'm amazed that there's two $1.8 million loans from the CRA out there when I think they've only bonded once. I don't think have enough information to make an intelligent vote. And my -- what was going to suggest to the Manager is I really don't want an explanation; I want a white paper. And in that white paper, I want to know the origination of the loan, I want to know the source of what the anticipated payment was, I want to see why it defaulted, I want to see then what alternate strategy whatever Commission came up with to pay off that loan, andl want to understand why it is and how we've been paying that loan since, I'm assuming, 1987/1988 to date -- Commissioner Gort: '86. Vice Chair Sarnofff. -- the reduc -- all right -- the reduction each year we've done with that loan, how it's going to free up, what I think his point is, general fund dollars -- I hope it's general fund dollars. Commissioner Spence -Jones: No, it's not general funds; CDBG. Commissioner Carollo: No, it's not. Commissioner Gort: No, it's not general fund Vice Chair Sarnofff. CDBG dollars. Commissioner Spence -Jones: CDBG. Vice Chair Sarnofff. CDB -- Commissioner Gort: Allocations. Vice Chair Sarnofff. I'm sorry, CDBG dollars, and I want to make sure that you completely establish to me that this is a separate and independent 1.8 million -- Commissioner Spence -Jones: Okay, I'm going to respect the request of the Vice Chair -- Chair Suarez: Absolutely. Commissioner Spence -Jones: -- you know, so that we can all be very clear. Commissioner Carollo: Yes. Commissioner Spence -Jones: You know, we're not going to move and make a decision based upon, once again, an emergency. So we do have one more meeting that we can resolve this issue. And if we still can't resolve it, then we'll at least pay down -- Mr. Mensah: No. We have to make a payment July 23 so that it reach there before August 1. Vice Chair Sarnofff. July what? Chair Suarez: Twenty-third. City ofMiami Page 56 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mr. Mensah: We have -- I'm sure -- Commissioner Gort: Twenty-third. Commissioner Carollo: Twenty-third. Mr. Mensah: -- we have to make payment July 23 -- Commissioner Spence -Jones: Twenty -- Vice Chair Sarnoff Twenty-third? Mr. Mensah: -- so -- a week before -- we usually send it a week before. Commissioner Spence -Jones: They got -- Mr. Mensah: It's due August 1, so we have to make -- So if you don't make any decision, that's fine. I just want you to know that July 23, I -- we have to make that payment, so I'm going to make five hundred and something thousand dollar payment and then the item -- Commissioner Spence -Jones: Do we need to do that -- Mr. Mensah: -- will then change. Commissioner Spence -Jones: But this is my question, 'cause we don't meet again until after July 23. Do we have to make -- do we have to have a resolution on the 500 -- do you need approval from the City Commission for the 500? Mr. Mensah: No, you already approved it in -- Commissioner Spence -Jones: Okay. Mr. Mensah: -- February. Commissioner Spence -Jones: So at this point then, you -- if you will be -- if you brought this item back, this will just be for the additional dollars that --? Mr. Mensah: For the -- it will be the additional dollars to defease it, yes. Commissioner Spence -Jones: Okay. But would it matter if it comes in after August 1 ? Mr. Mensah: No. Commissioner Spence -Jones: Okay, good. Mr. Mensah: No, no. Commissioner Spence -Jones: So that's fine. Chair Suarez: Or even July 26, yeah. Commissioner Spence -Jones: So with that, I will withdraw my second on that issue. Chair Suarez: I think the motion was by Commissioner Gort and the second was by City ofMiami Page 57 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo, according to the Clerk. Commissioner Spence -Jones: Okay. Carollo, you got to withdraw. Commissioner Carollo: I withdraw. Chair Suarez: Okay. Commissioner Spence -Jones: Okay. Chair Suarez: Do you withdraw? Commissioner Gort: I don't. Commissioner Carollo: Make a motion -- Chair Suarez: You do not? Commissioner Carollo: -- to -- Chair Suarez: Wait. Whoa, whoa, whoa, whoa, whoa, whoa. Commissioner Carollo: No? Chair Suarez: He does not withdraw his motion. Commissioner Gort: Vote it down. Chair Suarez: He does not withdraw his motion? Is there a second on his motion; the second was withdrawn? Is there a second on his motion? How many seconds do I have to give before I Commissioner Gort: That's fine. Chair Suarez: Okay. Commissioner Spence -Jones: I just want to understand -- Commissioner Gort: Fails for lack of second Chair Suarez: The motion fails for lack of a second. Is there another motion? Commissioner Gort: We got the whole history now. Vice Chair Sarnoff I would move to defer this to the next Commission item [sic], and five days prior to that item [sic], a white paper be issued to each Commissioner as outlined in my previous statement, with the -- Chair Suarez: He can't do it that quickly. Mr. Mensah: I just -- Commissioner, I just want you to know that I've gone through the files. It would be difficult for me. Right now I'm being presented things that I wasn't in 1986. Chair Suarez: Can I interject? City ofMiami Page 58 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mr. Mensah: Yes. Chair Suarez: Because when you say a white paper, that can be scary to some people. I mean, that look -- Commissioner Gort: No, no. Chair Suarez: -- that sounds like a very, very comprehensive analysis. Mr. Mensah: I -- it's a very compre -- I wouldn't know. Commissioner Gort: No, no. I want the white paper. Chair Suarez: Okay. Commissioner Gort: I want the white paper. I agree with him. I want the whole history from 1986, how we got the money, why we got it, and the reason it was going to be used -- Chair Suarez: I want -- Commissioner Gort: -- and why it was not paid okay. I want the whole history. Commissioner Carollo: And by the way -- Chair Suarez: I want the white paper, but want it on blue pages. Commissioner Carollo: Yeah. Chair Suarez: Okay? Commissioner Gort: Or you can use yellow pages too. Commissioner Carollo: IfI may, what's the difference between what -- Commissioner Gort: Whoa. A lot of history's going to be coming out. Commissioner Carollo: I'm sorry. On the record, what's the difference between white pa -- I don't know. What's the definition of white paper? I mean, what's the difference between white paper and --? Chair Suarez: There is none. It's just kind of like a vernacular. Vice Chair Sarnoff I would have called it -- in my parlance, it's a legal memorandum -- Commissioner Spence -Jones: I wasn't here so. Chair Suarez: Yeah. Vice Chair Sarnoff. -- outlining the facts and -- Chair Suarez: Yeah. Vice Chair Sarnoff. -- how it was used. Andl don't want to take somebody's -- Chair Suarez: It's a comprehensive analysis. City ofMiami Page 59 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Vice Chair Sarnoff -- word for it. I want the exhibits attached to the back -- Commissioner Gort: Don't worry about it. Commissioner Spence -Jones: I know. Vice Chair Sarnoff -- 'cause I don't want somebody's interpretation of what the exhibit says. Commissioner Spence -Jones: Okay. Vice Chair Sarnoff I want to be able to read the exhibit. Commissioner Spence -Jones: Mr. Chairman, can we call some order so we could figure out what we're doing, 'cause right now I am -- Chair Suarez: Can we what? Commissioner Spence -Jones: -- thoroughly -- Commissioner Gort: My motion died. Commissioner Spence -Jones: -- confused. Chair Suarez: Okay. What -- this is -- Commissioner Spence -Jones: What are we doing? Chair Suarez: -- what happened. Commissioner Spence -Jones: Can you give us --? Commissioner Gort: Motion died. Chair Suarez: Let me recap. Give me -- let me give you a recap of what happened. Commissioner Gort made a motion to approve the item. Commissioner Carollo seconded the motion to approve the item. Commissioner Carollo withdrew his second in respect of and in consideration of the Vice Chair's request for more time and your plea as well. There was no corresponding second so the motion failed. We need another motion now to see where we go from here. Is -- Commissioner Spence -Jones: Well, he just made a motion. Commissioner Carollo: And -- Chair Suarez: I'm sorry. There was a motion to defer? Was there a second on the motion to defer? Okay, is there a second on the motion to defer? Commissioner Spence -Jones: I'm just trying to understand what -- Chair Suarez: Oh, I'm sorry. He didn't actually articulate his motion. I think we stopped him because he was in the process of explaining that it had to be in conjunction with a white paper and on blue pages, so you know, I don't know if -- Commissioner Carollo: And by the way, Mr. Chairman, ifI could real quick. I want to know -- City ofMiami Page 60 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 because -- okay, this -- at least from my point of view, this is what's occurring. And you know that in previous meetings I actually have stated that, hey, you know, this has been one Commissioner that has asked for a deferral in the past and hasn't gotten it, but I do believe that when a Commissioner requests a deferral, andl think it should be a practice that now, you know, we -- either we continue or we start or whatever is said. If a Commissioner asks for a deferral, they should get a deferral. Now, with that said, I want to make sure, Mr. Mensah, would this have any fiscal impact on the City if we pay the 550 and then pay the rest later on, if approval [sic]? Mr. Mensah: No. The idea is the meet the timeliness test before February 1, so any time before February will be fine. Commissioner Carollo: Understood. And you understand what I'm saying, right, Commissioner Gort? Commissioner Gort: Yeah. Commissioner Carollo: I truly believe that whenever a Commissioner needs more time and requests a deferral, we should apply [sic] and we should definitely maintain that -- the practice from now on. Chair Suarez: Andl want to chime in on that, because I have to admit I'm one of the ones that has probably voted in spite of some Commissioner's requests for a deferral. And the longer that I've been here, the more that realize the wisdom of what you're saying, you know what mean. Like most things don't -- there's no like real, you know, pressure of doing it within two weeks; and if you get an extra two weeks, you can probably make a better decision. Commissioner Carollo: Exactly. Chair Suarez: So I have to say that I probably changed my mind on that from when I first -- Commissioner Carollo: And by the way -- Commissioner Spence -Jones: So what are we doing? Commissioner Carollo: -- and it's a culture that we -- Chair Suarez: Of course. Commissioner Carollo: -- this Commission, has been changing. Chair Suarez: Of course, of course. Commissioner Spence -Jones: Okay. Chair Suarez: Okay. Commissioner Spence -Jones: So what are we doing? Chair Suarez: So there's a motion -- can you -- do you want to mod -- Vice Chair Sarnoff Sure, I'll articulate the motion. Chair Suarez: -- your motion to just say there's a motion to defer? City ofMiami Page 61 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Vice Chair Sarnoft The motion would be to defer and for the Manager to provide to us, by his designee, which could include the City Attorney -- Chair Suarez: Okay. Vice Chair Sarnoff -- a memorandum outlining factually the origin of the loan, what it was spent on, how it was spent down, the payment sources for payment of it, how that was reimbursed so that we can see a history, including in that history what did that money buy and where is that mon -- where are those products, and mean products of real estate, whatever you want to call it, today. And then just a brief conclusion as to your strategy moving forward as to why this is good policy to move -- to pay this now -- Commissioner Spence -Jones: Second. Vice Chair Sarnoff -- 1.8 million. Chair Suarez: Okay. There's a motion and a direction, according to the Clerk. The motion was to defer and the direction to the Administration was what followed. Commissioner Spence -Jones: Are you okay with that, George? Chair Suarez: There's a second by -- Mr. Mensah: In terms of deferral, yes. I'm only (UNINTELLIGIBLE) in terms of the request, based on what I've seen, it's difficult for me to fully comply and -- Commissioner Spence -Jones: Yeah. But if we -- Mr. Mensah: -- I will explain that to the City Attorney's office. Commissioner Spence -Jones: -- we can deal with this at the next City Commission meeting, though. You can go ahead and proceed with what you're going to do. Mr. Mensah: Well, yes, yes. That's why -- Commissioner Spence -Jones: Right. Mr. Mensah: Yeah. I agree. Yeah. Commissioner Spence -Jones: And we'll just bring this back up as an issue. Mr. Mensah: Okay. Chair Suarez: Okay, so there's a motion and a second. Commissioner Spence -Jones: All in -- I'm sorry. Chair Suarez: Sometimes I do operate fast and sometimes a little slower to make sure -- All in favor, signift by saying iiye. " The Commission (Collectively): Aye. Julie O. Bru (City Attorney): Do we have a file on this? Is there a file on this? Chair Suarez: No. I think -- look, I think we kind of -- City ofMiami Page 62 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Gort: We got a lot of work to do. Chair Suarez: -- made it -- hyped it up a little bit, but what we want is pretty simple, I think. We just want a history of what's going on or how we got here; and then from my perspective, all wanted was to know where the money was comingfrom. I had never gotten the breakdown that the Commissioner showed me. I had never gotten that breakdown. So, you know, I want a breakdown of where the money's comingfrom, that simple. I mean, that's no big deal. PH.3 RESOLUTION 12-00699 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF FUNDS, TOTALING Development $190,500, IN THE AMOUNTS AND TO THE AGENCIES AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES; ALLOCATING SAID FUNDS FROM POVERTY INITIATIVES PROGRAM, ACCOUNT NO. 14010.910101.882000; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES, FOR SAID PURPOSE. 12-00669 Summary Form.pdf 12-00669 Legislation.pdf 12-00669 Exhibit 1.pdf 12-00699-Submittal-Back-up Documentation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PH.3 was deferred to the July 26, 2012 Commission Meeting. Commissioner Spence -Jones: Chair, so PH.3? Chair Suarez: It has -- well, PH.2 has been deferred, yes. We're now on P H.3. Commissioner Spence -Jones: We're not doing PH.3? George Mensah (Director, Community Development): PH.3 deferred? Chair Suarez: Yeah. It's the next one. Commissioner Spence -Jones: PH.3? Mr. Mensah: No. Commissioner Spence -Jones: Huh? Chair Suarez: PH.3 is now. Mr. Mensah: Yes, now. Chair Suarez: Right, now. Mr. Mensah: Oh, okay, okay. City ofMiami Page 63 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: Right. I thought you said it was deferred. Chair Suarez: No, no. Two was deferred. Commissioner Spence -Jones: Okay. Chair Suarez: PH.2, which is the one we've been talking about for the last -- Commissioner Spence -Jones: Is this going to be confusing too? Mr. Mensah: I hope -- Chair Suarez: I hope not. Mr. Mensah: -- not. I don't think it's supposed to be confusing. Commissioner Spence -Jones: Okay. Chair Suarez: I don't think it is, but you never know. You never know. Go ahead, Mr. Mensah, PH.3. Mr. Mensah: PH.3 is the allocation -- Chair Suarez: Good luck. Mr. Mensah: -- of funds in the amount of $190, 500 -- Commissioner Spence -Jones: I was -- I'm very confused on this. Mr. Mensah: -- to the agencies that was attached. And just as a background, in November the City Commission made allocation to certain agencies through the CDBG (Community Development Block Grant) program. However, the CDBG program received a 34 percent cut, so these funds, which were allocated during the mid year budget adjustment, is supposed to replace the amount of CDBG that was cut. So we just looked at the amount that was cut and just replaced it and that is the list that you've seen attached. Chair Suarez: Thank you. This is a public hearing item, PH. 3. Is there anyone from the public that wishes to talk with their baston on the podium? Go ahead. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street, City ofMiami. The only -- no. I read the wording here and -- no, the only thing, they got the amount of money and agencies, but it doesn't specin, the amount of the agency. The only thingl want to know is that the funds are distributed with equalibility [sic] or who get the money. Yeah, because when people ask me -- when I am on 17 Avenue drinking coffee and people come and ask me question, I got to have an answer. I can't just say, no. Well, let me -- like here, you see the people (UNINTELLIGIBLE) told me something. No, no, no, no. I want to have the answer. People sometimes here, they ask question to the people there and the director got to go next to somebody else there to answer a question. I am not like that. I want to know which -- this is the attached. I don't have the backup material to say which -- Chair Suarez: You don't have it? Mr. Cruz: -- agencies are. City ofMiami Page 64 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: You'll provide that to him, please. Mr. Mensah: Yeah, I can provide -- Mr. Cruz: You can tell me the agencies. Mr. Mensah: -- it to you. It's a part of the record, but I can provide it to you. Mr. Cruz: Okay, butl want to know then. Mr. Mensah: Okay. Mr. Cruz: Because, you know -- Chair Suarez: Okay. Thank you, Mr. Cruz. Mr. Cruz: -- since I am not City, butl am a federal taxpayer. Chair Suarez: Yes, we know that. We should just put that somewhere up here so you don't have to keep repeating it. Mr. Cruz: Okay, thank you. Chair Suarez: Thankyou. Yeah, my understanding of this item, and correct me if I'm wrong, is that we've talked about this for a long, long time, and this was just to maintain the funding constant from last year. Is that correct? Mr. Mensah: That's correct. Chair Suarez: Okay. Grady Muhammad: And it's a -- Grady Muhammad, Miami Dade First. It's a great item again. And like I stated -- andl told you all before, Commissioners. The same thing he stated today, we was going to be over that two -- that 1.5 percent ratio, we have solutions to it. There's buildings and buildings -- Chair Suarez: No, no, no, no. We're not going to go back to that topic, please. Mr. Muhammad: No, no. I know. We're not going to that. We're going forward -- Chair Suarez: Okay, thank you. Mr. Muhammad: -- on this item, Commissioner. Chair Suarez: Thank you. Mr. Muhammad: And again, what we still needs to do, think outside the box; and if we think outside the box, we're going to be able to do it. We still have projects from 2009: First Responders, Officer Stefan McGill, $200, 000; PLDI, $350, 000, 16-unit apartment building. We have solutions to the problems if the director want to get an opportunity to sit down with the community so we can get these monies spent. We have other individuals that are in the exact same positions as Mr. Ted Simmons who needs homes renovated. So we have funding, we should be able to use these funds and we should expend them expeditiously as possible; otherwise, HUD (Department of Housing and Urban Development) going to snatch our -- and we're going to have to come back. Thankyou, Mr. -- Commissioners. City ofMiami Page 65 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: Thank you, Mr. Muhammad. Mr. Muhammad: God bless. Chair Suarez: Was there a motion on this, Mr. Hannon? Todd Hannon (Assistant City Clerk): No, sir. Chair Suarez: Is there a motion? Vice Chair Sarnoff So moved. Chair Suarez: Moved by the Vice Chair. Is there a second? No second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. Is there any discussion? Commissioner Carollo: Yes, Mr. Chairman. Chair Suarez: Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you. We in the past have had some discussions with regards to funding of this source, and one of the issues that arose last time andl thought it -- and it actually got deferred and then came back -- was with regarding to, you know, communicating with each Commissioners' office with regards to where does, you know, some of these fundings go to. Mr. Mensah: Okay. Commissioner Carollo: Now how come each Commissioner's office wasn't reached out to? Mr. Mensah: Because this one was -- the instruction was each agency, you provide their funding to replace CDBG. Commissioner Carollo: Got you. Mr. Mensah: So we look at the CDBG that was -- so we replaced it. That's -- Commissioner Carollo: Got you. Mr. Mensah: -- what we did. Commissioner Carollo: Now you're saying that was the direction. The direction from the City Commission? Who directs? Mr. Mensah: The direction that got -- Commissioner Carollo: From? Mr. Mensah: -- through -- I was at a meeting that I attended with the City Manager, the budget director. Was that they were going to provide funding that would go to replace the CDBG that was lost. Commissioner Carollo: Okay. Is the Manager here so we could speak to him? I don't think -- City ofMiami Page 66 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 you know, and it's unfair to -- for Mr. Cabrera because I don't think he was part of that meeting, but you know -- because -- again, this is an issue that we had. We actually deferred the item and even brought it back, not -- it was different, but I'm saying same concept. Monies of these types that will be allocated and the Commissioners are -- you know, usually are the ones that vote and allocate the funding. And you know, this coming back and -- I know my office, there wasn't even a courtesy call to say, hey, listen, you know, this is what's going on. So again, that's why I'm asking, as simple as that. Daniel Alfonso: Okay. Commissioners, if I may, Danny Alfonso, Management and Budget director, Miami -Dade -- City ofMiami. Okay, this $190, 000 was allocated by this Commission in the mid -year item. Commissioner Carollo: Understood. Mr. Alfonso: And it is intended to replace the reduction of CDBG funding to public services that was the impact of the 34 percent reduction that we got. So in a sense, it is to replace funding that was reduced, and this Commission approved that allocation in the mid year. Commissioner Carollo: And -- right. Andl know I wasn't involved in that vote. It was a mid -year adjustment. Now with that said, I understand what you're saying, and therefore, you're just going to replenish and make whole all these agencies, right? Mr. Alfonso: Correct, Commissioner. Commissioner Carollo: Makes sense, right? Chair Suarez: Yeah. Mr. Alfonso: Correct, Commissioner. Commissioner Carollo: So did we have a reserve account that we replenished too, because you have a reserve of $33, 000 andl don't see who we're going to make whole for that? Mr. Alfonso: Commissioner, the information that have been given is that when we came up with the number that was requested of $190, 000, at that point it was an estimate of what was needed. So it appears that now that we know exactly what it is, there is an excess of -- okay. Commissioner Spence -Jones: So -- Mr. Alfonso: I'll let him explain that. Commissioner Spence -Jones: -- andl think in our briefing, though, Mensah, you said that there -- that this -- Mr. Mensah: It was -- Commissioner Spence -Jones: -- money would be left over -- Mr. Mensah: Well, it's (UNINTELLIGIBLE) -- Commissioner Spence -Jones: -- and then we -- it would be up to -- Mr. Mensah: Andl will explain. Commissioner Spence -Jones: And we would -- it would be up to us to figure out -- City ofMiami Page 67 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mr. Mensah: Yes. This is what happened. The actual amount was calculated based on the City's overall CDBG allocation. What happened was that certain districts have not allocated all their public service dollars. Commissioner Spence -Jones: Who? Mr. Mensah: District 5, District 3. Commissioner Spence -Jones: Okay. Can -- I can do mine right now. Like can we do it now? Mr. Mensah: So those reserve -- if you had allocated your fund during that time, those agencies would have gotten that reserve there. Commissioner Spence -Jones: Okay. Mr. Mensah: So that's the reason why that reserve is there. The reserve -- because the calculation of how much money is required is based on the total public service allocation. And so -- because not all of it has been allocated, when we (UNINTELLIGIBLE) -- those that got funds, once we allocate it to them, there was money left over. That was the reason why this money's left over. Commissioner Spence -Jones: Okay. So the 33,000 we have right now, you're saying between District 3 and -- Mr. Mensah: It's basically between District 3 and District 5 because they are the only ones -- Commissioner Spence -Jones: So -- Commissioner Carollo: But -- no, no, no, but -- well, you want to split the 33, we could split the 33, but that's -- Commissioner Spence -Jones: I'm cool with that. Commissioner Carollo: -- I don't think that's the issue. I think we're talking two separate things, because I don't see where the calculation comes -- these 33,000 in reserves from our individual. You're saying that, what, just in case we -- Mr. Mensah: Okay. What -- no. What I'm saying is that if those two -- because that -- the total amount of 190, 500 was derived from the total public service amount that we, the City, received and the 34 percent cut, so that was what was given. So that was what the total 190,500 is. Now we allocated those funds based on the agencies that was previous allocated. Commissioner Carollo: Understood. Mr. Mensah: And after that you have a remainder because that public service dollars, not all of it has been allocated out yet. So if, let's say, the 45 -- for example, the $45, 000 that -- the 44 something that is still left to be allocated from District 5. If they had given it to somebody at that time, that somebody would have also gotten some additional funds. You --? I'm sorry. Commissioner Carollo: You know -- no. Mr. Mensah: I'm sorry. Commissioner Carollo: You know -- and usually, I could pick up, more or less, when it comes -- City ofMiami Page 68 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mr. Mensah: We can -- let's -- Commissioner Carollo: Yes. Mr. Mensah: Can I meet with you so I can go over it? Chair Suarez: We can table it too for the afternoon, if you want. Commissioner Carollo: I can, you know -- Commissioner Spence -Jones: But it's a public hearing so -- Mr. Mensah: It's -- Chair Suarez: That doesn't matter. Commissioner Spence -Jones: -- I guess you have -- Chair Suarez: We close the public hearing, table it and we can vote on it in the afternoon. Commissioner Spence -Jones: So why don't you table it. But I just -- Mr. Mensah: No problem. Commissioner Spence -Jones: -- want to make sure. So the $33, 000 is left -- Mr. Mensah: I think it's between the district -- Commissioner Spence -Jones: Wait. I don't think he really needs it, so can we -- can District 5 have it? Chair Suarez: Don't go there. Hey, District 4'11 take some too, if -- Okay, I think we're going to table this item till the afternoon. Is there anymore -- Commissioner Spence -Jones: Before the charter amendment -- Chair Suarez: Yes. Commissioner Spence -Jones: -- discussion. Chair Suarez: Before we get into the charter amendments, of course. Is anyone from the public wishing to speak on this one? Did we close the public hearing already? We closed it. Okay, good. Thank you. Okay, we're going to be tabling PH.3. [Later..] Chair Suarez: Okay, PH.3. It was tabled till the afternoon. Commissioner Spence -Jones: What now? Chair Suarez: PH.3. Commissioner Spence -Jones: Oh, we're going to do that? Okay. City ofMiami Page 69 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: PH.3, yeah. PH.3 was the -- Commissioner Carollo: PH.3, I think it was. Chair Suarez: Yeah, PH.3. Public Hearing 3. We already opened and closed the public hearing on that one, I'm pretty sure. Commissioner Carollo: Yes. Yes, it was. Mr. Mensah: Yes. Chair Suarez: You're recognized. Mr. Mensah: PH.3, Commissioner, is the allocation of the poverty initiative funds of $190, 500 to the agencies. Andl had -- I think there was certain questions that the Commissioner had and Itriedto -- Commissioner Carollo: Well -- I mean, I don't know if anything changed. I know there's still 33,000 in reserves and it's an issue that from the past, you know, we've -- okay, so I think the purpose of tabling this and coming back to it is to receive information, study it, and then come back. So we come back to this and now we receive this information. We're in the same -- now -- Mr. Mensah: Commissioner, I came to your office. Your staff -- I even requested this to be copied in your office. Your staff told me that you -- that it -- you were unavailable to talk to me on that. I met with Jeff Jeffrey. Commissioner Spence -Jones: Okay, guys. Can I -- Commissioner Carollo: Okay, so then let's table this until we can -- Commissioner Spence -Jones: Okay. So what -- Commissioner Carollo: -- 'cause I don't know what this is. Chair Suarez: Will it jeopardize -- Mr. Mensah: I was just -- Chair Suarez: -- the funding to any organizations if we defer it one meeting? Mr. Mensah: Well, some of the organizations really need the money to use because we've told them -- but what I just shared with you, Commissioners, is this is the allocation that a Commission made. These are allocation that a Commission made. I got it from the City Clerk's records. And what showed here is the difference between the CDBG allocation and the amount that actually went to the agencies. So the difference between the CDBG allocation that was lost is $380, 614. Six months of that, which is what this funds is, is from April 1 to September 30, is $190, 307. The allocation from the Budget Department is 190, 500. So all these agencies that you see in here receive fund; the difference between what is crossed out and what is not crossed out, half of that. The reason why you have the $33,000 is because if you look here, we have public service reserve account and that public service reserve account was not allocated, so those agencies would then receive the remainder of that $33, 000 that is left. Commissioner Carollo: But aren't we going by what last year -- we were going to make them whole to, what, last year and you're using this year's number? City ofMiami Page 70 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mr. Mensah: Is it -- no, we're making them move to this year's numbers. We -- it was approved 12 -- December 8, 2011, but it was meant for this year's allocation. Commissioner Spence -Jones: Mr. Mensah, can I just ask a question? It seems like Commissioner Carollo may just need a little bit more time on this. Mr. Mensah: No problem. Commissioner Spence -Jones: Okay. Is this something you can take up in the next Commission meeting or you need to do it today? Mr. Mensah: Yes, sure. No, there's no -- Commissioner Spence -Jones: Okay. Mr. Mensah: -- it's just the agencies. Commissioner Spence -Jones: So can I -- Mr. Mensah: I mean, I -- the agencies are not here to talk about it, but personally, it can be deferred. Commissioner Spence -Jones: But it's only two weeks, though. Mr. Mensah: Yes. Commissioner Spence -Jones: Okay. Mr. Mensah: It can be deferred, yeah. Commissioner Spence -Jones: So can I -- Mr. Chairman, can I just make a motion to defer this item until the next Commission meeting? Chair Suarez: It's been moved. Commissioner Carollo: Second. Chair Suarez: There's a second. All in favor, sign -- Commissioner Gort: Wait a minute. Chair Suarez: Yep. Commissioner Gort: I got a question. Chair Suarez: Yes. Commissioner Gort: Does this affects the funding to the agencies? 'Cause I know a lot of the agencies have not received their checks. Mr. Mensah: They haven't received it, and they've been complaining and that's the reason why I brought it up. Commissioner Spence -Jones: But it's two weeks. It's two weeks. City ofMiami Page 71 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mr. Mensah: But -- Commissioner Gort: But I mean, these people have not received any money and they're operating without funds. Am I correct? Mr. Mensah: No. Commissioner Carollo: No. Mr. Mensah: This money has not been received. They received -- Commissioner Spence -Jones: Yeah. Mr. Mensah: -- the CDBG funds from us. Commissioner Carollo: Right. Commissioner Spence -Jones: Yeah. Mr. Mensah: But this particular money, which is -- Commissioner Gort: But they are receiving -- the checks should be there on time then? Mr. Mensah: What is -- sorry? Commissioner Gort: The reimbursement should be there? Mr. Mensah: Yes. Commissioner Spence -Jones: Yes. Commissioner Gort: Because I'm getting some calls; people are not getting some of the reimbursement. Commissioner Spence -Jones: But this don't have anything -- I don't think is -- Commissioner Carollo: Yeah. It's not because of this. Commissioner Gort: All right. Just want to make sure. Commissioner Carollo: Yeah, it's not because of this. Commissioner Spence -Jones: All right. So we had a motion. Chair Suarez: Moved and seconded. All in favor, signift by saying aye." The Commission (Collectively): Aye. Commissioner Spence -Jones: Thank you, George. Todd Hannon (Assistant City Clerk): I'm sorry, Chair. And that'll be a deferral to July 26. Chair Suarez: July 26. Commissioner Spence -Jones: Yes. City ofMiami Page 72 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: Yes. Chair Suarez: Correct. Mr. Hannon: Thank you. PH.4 RESOLUTION 12-00672 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE SELECTION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 11-12-024, THAT CHLN, INC. (SELECTED PROPOSER), IS THE TOP RANKED COMPANY SELECTED FOR THE LEASE, RENOVATION, MANAGEMENT AND OPERATION OF THE INDOOR/OUTDOOR RESTAURANT LOCATED AT 51 CHART HOUSE DRIVE, MIAMI FLORIDA 33133; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, SUBJECT TO THE REVIEW AND APPROVAL OF THE OFFICE OF THE CITY ATTORNEY, AND PUBLIC REFERENDUM, FOR AN INITIAL PERIOD OF TWENTY (20) YEARS, WITH TWO (2) FIVE YEAR RENEWAL TERMS; WITH PAYMENT OF THE GREATER OF A MINIMUM ANNUAL BASE RENT OF $340,000.00 PAYABLE ON A MONTHLY BASIS OR PERCENTAGE RENT, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO THE AGREEMENT AS NEEDED. 12-00672 Cover Page.pdf 12-00672 Summary Form.pdf 12-00672 Notice to the Public.pdf 12-00672 Legislation.pdf 12-00672 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PH.4 was deferred to the July 26, 2012 Commission Meeting. PH.5 RESOLUTION 12-00672a Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), CALLING FORA REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI, FOR THEIR APPROVAL OR DISAPPROVAL, THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND CHLN, INC., FOR THE RENOVATION, MANAGEMENT, AND OPERATION OF AN INDOOR/OUTDOOR RESTAURANT AT 51 CHART HOUSE DRIVE MIAMI, FLORIDA, FOR TWENTY (20) YEARS WITH TWO (2) FIVE-YEAR RENEWAL OPTIONS SUBJECT TO A MINIMUM TOTAL GUARANTEED City ofMiami Page 73 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 RENT OF $6,800,000 AND SUBJECT TO ADDITIONAL CONDITIONS AS THE CITY MAY REQUIRE; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER, DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THIS RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH REFERENDUM SPECIAL ELECTION. 12-00672a Cover Page 07/26/12.pdf 12-00672a Summary Form.pdf 12-00672a Legislation.pdf 12-00672a Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PH.5 was deferred to the July 26, 2012 Commission Meeting. PH.6 RESOLUTION 12-00673 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE SELECTION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 11-12-025, THAT DAVID ONE LLC, (SELECTED PROPOSER), IS THE TOP RANKED COMPANY SELECTED FOR THE LEASE, RENOVATION, MANAGEMENT AND OPERATION OF THE MARINA AND OUTDOOR CASUAL RESTAURANT LOCATED AT 3385 PAN AMERICAN DRIVE, MIAMI FLORIDA 33133; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, SUBJECT TO THE REVIEW AND APPROVAL OF THE OFFICE OF THE CITY ATTORNEY, AND PUBLIC REFERENDUM, FOR AN INITIAL PERIOD OF FORTY (40) YEARS, WITH ONE (1) TEN (10) YEAR RENEWAL TERM; WITH PAYMENT OF THE GREATER OF A MINIMUM ANNUAL BASE RENT OF $720,000.00 PAYABLE ON A MONTHLY BASIS OR PERCENTAGE RENT, WITH ANNUAL BASE RENT INCREASING TO $840,000.00 BY LEASE YEAR THREE (3), WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO THE AGREEMENT AS NEEDED. 12-00673 Summary Form.pdf 12-00673 Notice to the Public.pdf 12-00673 Legislation.pdf 12-00673 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City ofMiami Page 74 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 PH.7 12-00673a Department of Public Facilities RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CALLING FORA REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI, FOR THEIR APPROVAL OR DISAPPROVAL, THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND DAVID ONE, LLC FOR THE RENOVATION, MANAGEMENT AND OPERATION OF A MARINA, MARINE STORE, OUTDOOR CASUAL RESTAURANT, PUBLIC PLAZAAND RELATED USES, AT 3385 PAN AMERICAN DRIVE MIAMI, FLORIDA, FOR FORTY (40) YEARS WITH A TEN-YEAR RENEWAL OPTION SUBJECT TO A MINIMUM TOTAL GUARANTEED RENT OF $37,167,811 AND SUBJECT TO ADDITIONAL CONDITIONS AS THE CITY MAY REQUIRE; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER, DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THIS RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH REFERENDUM SPECIAL ELECTION. 12-00673a Summary Form.pdf 12-00673a Legislation.pdf 12-00673a Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones SR.1 12-00619 Department of Public Works END OF PUBLIC HEARINGS ORDINANCES - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55/SECTION 55-1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS/DEFINITIONS," TO INCLUDE THE CITY OF MIAMI DEPARTMENT OF SOLID WASTE IN THE COMPOSITION OF THE PLAT AND STREET COMMITTEE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00619 Summary Form SR.pdf 12-00619 Legislation.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 75 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13328 Chair Suarez: And we're going to go to SR.1. Commissioner Spence -Jones: Solid Waste, right? Is it Solid Waste? Commissioner Carollo: Yes. No, Public Works. I'm sorry. Chair Suarez: Subdivision regulations. Nzeribe Ihekwaba: Good morning, Zerry Ihekwaba, Public Works director. SR.1 is an amendment to Chapter 55 of the City code, entitled Subdivision Regulations, 'fn order to -- Commissioner Spence -Jones: Second. Chair Suarez: Moved by Commissioner Gort, second by Commissioner Spence -Jones. This is a public hearing because it is an ordinance. Anyone from the public wishing to speak on SR.1? Seeing none and hearing none, the public hearing on SR.1 is closed. This is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd Hannon (Assistant City Clerk): Your roll call on item SR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 5-0. SR.2 ORDINANCE Second Reading 12-00677 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Finance 31/ARTICLE II /SECTION 31-50 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX (BTR)/SCHEDULE OF ESTABLISHED BTRS," BY DELETING THE CATEGORY FOR REAL ESTATE SALES PERSON, AS REQUIRED BY SECTION 205.067, FLORIDA STATUTES (2012); CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-00677 Summary Form SR.pdf 12-00677 Florida Senate 2012 - SB770 FR/SR.pdf 12-00677 Email - Resale List FR/SR.pdf 12-00677 Legislation.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item SR.2 was deferred to the July 26, 2012 Commission Meeting. Vice Chair Sarnoff SR.2. Hey, good to see you. I feel like I haven't seen you in a long time. Good to see you. City ofMiami Page 76 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mirtha Dziedzic (Finance): Been hiding a little. Mirtha Dziedzic, treasury manager. SR. 2 is an ordinance of the City ofMiami, amending Chapter 31 of the BTR (Business Tax Receipt) code, removing real estate salesperson. Chair Suarez: Okay, this is a public hearing item. Anyone wishing to speak on SR.2? Anyone wishing to speak on SR.2? Hearing none, seeing none, the public hearing is closed, coming back to the Commission. Commissioner Gort: Move it. Chair Suarez: Motion by Commissioner Gort. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. It is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd Hannon (Assistant City Clerk): Your roll call on item SR.2. Commissioner Sarnoff? Vice Chair Sarnoff No. This is a violation of equal protection, and this will inevitably be shot down by somebody who goes to court and, in an about a ten-minute hearing, wins. Commissioner Carollo: Whoa, we need more discussion. Commissioner Spence -Jones: What -- Commissioner Carollo: We need more discussion on this now. Commissioner Spence -Jones: Okay. Chair Suarez: Okay. Let's -- Commissioner Carollo: That should have come up during discussion. Chair Suarez: Yeah. Brake. Let's put the brakes on. Okay, Mr. Hannon, let's put the brakes on. Would the mover wish to rescind their motion? I think it was you, Commissioner Gort, just for discussion purposes? Commissioner Gort: Yes. Commissioner Spence -Jones: For discussion. Commissioner Carollo: For discussion. Chair Suarez: And the seconder was Commissioner Spence -Jones. Would you like to rescind your second? Commissioner Spence -Jones: Absolutely. Chair Suarez: Okay. Vice Chair, you have the floor. Commissioner Spence -Jones: Vice Chair, let's hear it. Chair Suarez: And I'm going to go to the restroom so -- City ofMiami Page 77 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Vice Chair Sarnofff. Here's what you have. Accountants, lawyers, dentists, any professional or nonprofessional, if you want, is required to have a BTR in the City ofMiami. And like it or not, if you're part of a firm, you're still, theoretically -- each person in that firm, at least as a lawyer is concerned, I believe as a dentist is concerned, andl think-- and I'll defer -- Commissioner Carollo: Yes. Chair Suarez: Okay. Commissioner Carollo: Yes, I'm there. Vice Chair Sarnofff. -- as a CPA (Certified Public Accountant) is required to have his own BTR. Now, somebody goes up in Tallahassee, gets the ear of some wise -minded and well -thought out legislator and says, But you know what, us brokers or real estate agents shouldn't have to have a BTR. Well, how are you treating a licensed real estate agent differently than you're treating a doctor, lawyer, dentist, accountant? This is quintessential violation of equal protection. Now, no doubt, all we're doing is complying with state law, but that state law, trust me, is unconstitutional. And the one thingl made a vow to myself when I came up here was when I was a lawyer -- as a lawyer, I should say, I would never vote for anything that knew to be illegal. This is an illegal exemption on behalf of real estate agencies, and I'm sure I'm not endearing myself to the real estate community, but they should get no different protection than any other professional in the state of Florida; and there is no rational basis, whatsoever, that a person selling real estate should be treated any differently than a CPA going to work every day, than a lawyer going to work every day, than a engineer going to work every day, than a dentist or a doctor going to work every day; and how they got somebody's ear in Tallahassee is -- I just don't know how they did it. If this Commission deems it appropriate to simply follow state law, it's certainly within your purview, but I will never vote for a law that I know to be certainly a violation of equal protection. Commissioner Spence -Jones: You're chairing the meeting now. Commissioner Gort: I have a question. Commissioner Spence -Jones: But you're chairing -- Vice Chair Sarnofff. I am. Commissioner Spence -Jones: Okay. Vice Chair Sarnofff. Commissioner Gort is recognized. The state approved this how long ago? Julie O. Bru (City Attorney): I believe this exemption was approved either at the last legislative session or the one before that. Mirtha, do you know which session? But can I recommend something? Obviously, we are compelled to follow state law because the state has preempted this area. However, Commissioner Sarnoff raises an issue, and I would like to ask then that this matter be deferred -- Chair Suarez: Okay. Ms. Bru: -- so that we can research what liability, if any, would the City have if we were to adopt a law that is subsequently held unconstitutional. Because I know that, generally speaking, we are, in good faith, allowed to rely on the legitimacy of a state statute, but there are circumstances under which if we enforce or apply a statute that is subsequently deemed unconstitutional, there may be liability. So let us prepare some sort of analysis of that and we'll City ofMiami Page 78 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 bring it back. Commissioner Gort: Let me finish my question. I'm not an attorney so I got to ask you this. The state passes a law. We do not pass a law. Can somebody challenge the City for not abiding the state law? That's the question. Ms. Bru: Yes. Commissioner Gort: They can? Ms. Bru: They can. Commissioner Gort: We -- the City can be sued for not following state law? Ms. Bru: Yes. Commissioner Gort: Right? Ms. Bru: We can. But this is -- Commissioner Gort: But wait a minute. Ms. Bru: Yeah. Commissioner Gort: Let me finish my question. Ms. Bru: Okay. Commissioner Gort: My second question is this is a second reading. Why do we hear this in the second reading and not when it came up in the first reading or before it came to us? Ms. Bru: Well, we did not question the legitimacy of this law, as we never do, when the state legislates in an area where they have preempted municipal authority, we just approve the state law. Commissioner Sarnoff has raised an issue and it is a good issue. Perhaps, it's just an academic issue or it's a real issue that needs to be addressed and we would like the time to address it. Commissioner Gort: No, I don't have any problem with that, but -- Ms. Bru: Yeah. Commissioner Spence -Jones: Mr. Chairman, I just had one -- Chair Suarez: Yes. Commissioner Spence -Jones: Again, if a Commissioner brings up a issue -- you know, sometimes certain things get past us all, you know, so we bring it up. But I just -- you know, I just had to ask the question 'cause -- to go back and look at the vote in general. I know Commission -- all of us voted and supported this issue. Chair Suarez: On first reading. Commissioner Spence -Jones: What changed from June to -- I'm just -- you just thought about it more or, you know --? City ofMiami Page 79 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Vice Chair Sarnoff No, no, no, no. I -- Commissioner Spence -Jones: 'Cause you supported it -- Vice Chair Sarnoff -- made a mistake. Commissioner Spence -Jones: -- the last time. That's why I asked. Vice Chair Sarnoff Candidly, I make mistakes up here. Commissioner Spence -Jones: Okay. Vice Chair Sarnoff I made a mistake. Commissioner Spence -Jones: Okay. Vice Chair Sarnoff I heard it. I had written down equal protection. I've sub -- I didn't carefully listen to the ordinance that was being passed. I was distracted. I voted for it. Commissioner Spence -Jones: Okay. Vice Chair Sarnoff Subsequently, I did a little -- Commissioner Spence -Jones: More research, that's all. Vice Chair Sarnoff Oh, I did some research, Commissioner. You know -- Commissioner Spence -Jones: I just had -- I just -- only reason why I wanted to ask the question Vice Chair Sarnoff No. Why did vote in the first place? Mistake. Commissioner Spence -Jones: Why did you vote yes the first time? Vice Chair Sarnoff Mistake on my part. Commissioner Spence -Jones: Because on -- this is the second reading. Commissioner Gort: Yeah. Vice Chair Sarnoff And by the way, I was in -- Commissioner Spence -Jones: And we do -- we -- Vice Chair Sarnoff -- a heated conversation a moment ago andl intended on not bringing it up the way it happened, like, oh, let's put the brakes on. I had intended on being a little more forthright. Commissioner Spence -Jones: Because we do lean on you, the two attorneys that we have on the dais, to a lot of times drill down on this stuff but -- that was my only question. I know you voted on it the first time. Vice Chair Sarnoff And let me caution you because -- let me throw you -- let me throw you a pass, a long pass. Supposing we do pass this and somebody does challenge it, the remedy may be a law firm of 60 people may only need one BTR, a CPA firm of 140 people may only need one City ofMiami Page 80 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 BTR. Commissioner Carollo: Or more. Vice Chair Sarnoff. Two hundred people. Now, financial impact to the City ofMiami? Oh, yeah. Oh, yeah. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: It was my understanding with this that we sort of had to do it 'cause we were following state law. That's what it was explained to me, so that's why I -- it wasn't that I necessarily agreed with it. It's just that, Commissioner, you're just following state law, you know, so we had to. And Commissioner Spence -Jones, I think, realistically, that's why in some of these ordinance, you have a first and second reading -- Commissioner Spence -Jones: Yes. Commissioner Carollo: -- so you have additional time to do more research. And let me tell you something. I'll be the first Commissioner up here that I've asked -- listen, does that mean because I voted for it on first reading have to vote for it on second reading? Andl could tell you times where I have votedfor something on first and on second reading have not. Commissioner Spence -Jones: Right. And -- Commissioner Carollo: So I think that's why there's two readings. Commissioner Spence -Jones: Right. I don't -- I'm sure you know we're all clear on that. But I wanted to ask him -- Commissioner Carollo: Got you. His specific -- Commissioner Spence -Jones: -- personally what was his decision -- Commissioner Carollo: Right. Commissioner Spence -Jones: -- what happened in between that time period. That was my only question. Commissioner Carollo: Got you. Got you. Chair Suarez: Commissioner. Commissioner Gort: Let me tell you why I bring this up, andl agree with you. If there's a doubt and anybody brings a doubt, we should look at it. Commissioner Carollo: Yes. Commissioner Gort: But also, when it was presented to us, we weren't told the impact it could have economically. I mean, in the business that I'm in, we don't have to take BTR. I mean, we get one BTR for all the firm and that's it. Some of the business, they do. That's the economic impact that this law has in the City ofMiami or any other municipalities. Like I stated before when I talked about the -- people make laws without looking at the impact that that law is going to cause in the municipalities or anyone. So -- City ofMiami Page 81 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Vice Chair Sarnoff. Commissioner -- Commissioner Gort: -- we got to be talking to each other, the Administration and the Law Department, and look at things. And hey, if we pass this and we get challenged for other offices, what's the impact for the City ofMiami? Maybe that should have never been passed at the state level. Chair Suarez: I always like to do a cost benefit analysis on a lot of these things. I think the cost of waiting an extra couple weeks for her to do a little more thorough analysis is next to nothing and the benefit could be, you know, very high if, God forbid, the worse were to happen and, you know -- and there's always the law of unintended consequences in legislation so -- Ms. Bru: Well, I know one thing for sure, if we don't adopt this and the City ofMiami doesn't grant the exemption to these people who the Legislature -- Chair Suarez: They can sue us. Ms. Bru: -- has granted an exemption, they will sue us. Commissioner Spence -Jones: Yes. Ms. Bru: So -- but I would like the time to address Commissioner -- Vice Chair Sarnoff On the other hand -- Commissioner Gort: We're going to get sued anyway. Vice Chair Sarnoff On the other hand -- Commissioner Carollo: We're going to get sued one way or another. Vice Chair Sarnoff -- lawyers who may not be fully employed, who might be looking for lawsuits but think to himself hmm, class action. Couldl get a class of lawyers -- well, that's an easy class -- to turn around and say somehow the state, in its infinite wisdom, has determined that real estate agents should only have to have one BTR but lawyers have to have individual BTRs? That's a big class of people. If that class were to come to the City ofMiami and say, let's see, what's the statute of limitations on my BTRs? 'Cause one of the things that we're not recognizing is the legal status that the state of Florida affords corporations. We're supposed to treat them like people. And what the state is doing is treating these real estate folks as people at the corporate entity. They're not treating the individual people inside that corporation as members, so they're being treated differently than lawyers, doctors, accountants. Chair Suarez: And let me ask you this question, because BTRs aren't issued until the beginning of the next fiscal year, right? So they're out -- Commissioner Gort: September. Chair Suarez: -- they're issued on a fiscal year by fiscal year basis. Ms. Bru: Yes. Commissioner Gort: Yes. Chair Suarez: So, really, we could wait two weeks. It's not going to have -- no one's going to get City ofMiami Page 82 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 a BTR or have to pay less or more in a two -week period Commissioner Gort: Yeah. Chair Suarez: So, you know, we often have first readings and second readings and they're different distances apart, whether they're two weeks or a month away. If we defer it for one more meeting to get a little more comprehensive analysis, I don't see the harm in that. Commissioner Gort: But we have to. Chair Suarez: So is there a motion to defer? Commissioner Gort: Yes, move it. Vice Chair Sarnoff. So moved. Commissioner Carollo: Second. Vice Chair Sarnoff. Second. Chair Suarez: Until the July 26 meeting. Okay, there's a motion by the Vice Chair, second by Commissioner Carollo. Commissioner Carollo: I'm sorry, Mr. Chairman. Before we take a vote, I'd like to ask the City Attorney if July 26 is sufficient time. Ms. Bru: Yes, it is. It is. Chair Suarez: Okay. Commissioner Carollo: Okay. Chair Suarez: Cool. Vice Chair Sarnoff. Two weeks she can get that memo done. Chair Suarez: Yeah. The problem is not that. The problem is all the other stuff that's going on in the next two weeks. But anyways, it's been motioned and seconded. All in favor, signifi, by saying iiye. " The Commission (Collectively): Aye. SR.3 ORDINANCE Second Reading 12-00715 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Management and ORDINANCE NO. 6432, ADOPTED SEPTEMBER 2, 1959, FURTHER Budget AMENDED PURSUANT TO ORDINANCE NO. 11462, ADOPTED MARCH 20, 1997, ENTITLED "THE MIAMI FIRE FIGHTERS' RELIEF AND PENSION FUND ", TO IMPLEMENT THE 2011- 2012 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 587; PROVIDING FOR THE TRANSFER OF CHAPTER 175 PREMIUM TAX REVENUES RECEIVED IN 2012 FROM THE MIAMI FIRE FIGHTERS' RELIEF AND PENSION FUND TO THE CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' City ofMiami Page 83 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 RETIREMENT TRUST; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-00715 Summary Form SR.pdf 12-00715 Legislation.pdf 12-00715-Submittal-Draft Legislation (Version 2).pdf Motion by Commissioner Carollo, seconded by Vice Chair Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13329 Chair Suarez: All right. Commissioner Carollo: SR.3. Chair Suarez: FR.1. No, or do we --? Commissioner Carollo: SR.3. Chair Suarez: Oh, no. I'm sorry. SR. 3. Commissioner Carollo: Move it. Vice Chair Sarnoff Second. Chair Suarez: Moved by Vice Chair -- I'm sorry. Moved by Commissioner Carollo, second by the Vice Chair. All in -- it's an ordinance, I'm sorry. Is anyone from the public wishing to speak on SR.3? Seeing none, hearing none, the public hearing on SR.3 is -- Commissioner Gort: S -- Chair Suarez: -- SR.3, second reading 3 -- we were just on Second Reading 2. The public hearing is closed. It is an ordinance. Todd Hannon (Assistant City Clerk): Excuse me. I'm sorry. Madam City Attorney, were there any changes to be made? Julie O. Bru (City Attorney): Right. There is a slight modification. It's just language that appears in the actual body in Section 3, and there is reference here that the parties agree. It's in the last sentence. In the event that the transfer of premium tax revenues provided above is not approved by the Florida Division of Retirement, the parties agree that -- that's going to be struck through. So it's just lip the event the transfer of premium tax revenue provided above is not approved by the Florida Division of Retirement, employee contributions to FIFO (Firefighters and Police Officers) shall increase by the percentage of firefighter payroll. "So it's just that -- it's not that the parties are agreeing. It's just that's going to happen. Commissioner Spence -Jones: And we see Robert right here so. Ms. Bru: And Danny can explain that. This minor revision was suggested by the pension attorney and you're in agreement with that. Chair Suarez: Does the maker --? Commissioner Spence -Jones: Robert, why don't you put what you got to put on the record. City ofMiami Page 84 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: Wait a second, wait a second. Wait. Whoa, whoa. If he's in agreement with something, let him step to the podium -- Commissioner Spence -Jones: You got to go to the mike, yeah. Chair Suarez: -- and introduce himself and put it on the record; otherwise, let's -- do you agree Ms. Bru: This -- Chair Suarez: -- with that amendment to the --? Ms. Bru: Yeah. This is intended -- Commissioner Carollo: I have an issue with -- Ms. Bru: -- to reflect what was agreed to by the union and the City as part of the concessions, and it's just -- it's a more accurate resortation of the agreement. Chair Suarez: Can you -- Mr. Suarez, do you mind -- also no relation -- Commissioner Spence -Jones: Putting it on the record. Chair Suarez: -- just putting that on the record? Thank you. Robert Suarez: Robert Suarez, Miami Association of Firefighters, 2980 Northeast South River Drive. Yeah, it looks like it's not a substantial change. It's just removing the word agree,"cause that doesn't normally go in the ordinance. Chair Suarez: Okay. Ms. Bru: Right. Chair Suarez: Thank you, Mr. Suarez. Mr. Suarez: Thank you. Chair Suarez: Does the maker accept that amendment -- Commissioner Carollo: Yes. Chair Suarez: -- or modification? Does the seconder? Vice Chair Sarnoff Seconder accepts. Chair Suarez: Okay, it's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Your roll call on item SR.3. A roll call was taken, the result of which is stated above. Mr. Hannon: The second reading ordinance passes, as amended, 5-0. City ofMiami Page 85 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: Thank you. END OF ORDINANCES - SECOND READINGS ORDINANCE - FIRST READING FR.1 ORDINANCE First Reading 12-00718 Department of Solid AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Waste 22 OF THE CODE OF THE CITY OF MIAMI CODE, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE," MORE PARTICULARLY BY AMENDING SECTION 22-15, ENTITLED" EDUCATIONAL TRUST FUND ESTABLISHED FROM THE RECYCLING PROGRAM FOR SCHOLARSHIPS TO CHILDREN OF CERTAIN CITY EMPLOYEES; CONDITIONS FOR IMPLEMENTATION" TO INCREASE THE NUMBER OF AWARDS PAID ANNUALLY TO THE EMPLOYEES OF THE SOLID WASTE DEPARTMENT AND TO THE CHILDREN OR LEGAL DEPENDANTS OF SAID EMPLOYEES OF THE DEPARTMENT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-00718 Summary Form SR.pdf 12-00718 Legislation (Version 2) SR.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Suarez: FR.1. Keith Carswell: Good morning, Commissioners. Keith Carswell, director of Department of Solid Waste. SR.1, we respectfully recommended an amendment to the Chapter 22 of the City of Miami code. The amendment will increase the number of awards paid annually to the employees of the Solid Waste Department and to the children or legal dependents of said employees. The awards will be issued by the Solid Waste Department from the Educational Trust fund established for the recycling program upon approval by the Commission. We had a good problem in terms of -- through your -- several months ago you all approved for -- allowed for us to pay for CDL (Commercial Drivers License) licenses, and we had a cap of 10. The good problem was that when the committee met, which consisted of the Administration and union representatives, we had 15 people qual(. So in talking with Joe, we are respectfully asking that you increase the number so that we can award up to the 15 scholarships at the next Commission meeting, upon -- right after second reading. Hopefully, it's approved. And so the union is here to support that as well. Chair Suarez: Mr. Simmons. Joe Simmons: Good morning, ladies and gentlemen. Joe Simmons, Jr., president of the Solid Waste Workers Union. We're very supportive of this item. It's a good thing. We got folks waiting, people -- Commissioner Spence -Jones: So moved. Mr. Simmons: A number of people that are -- Commissioner Gort: Second. City ofMiami Page 86 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: Moved by -- Commissioner Gort: You should be on radio. Chair Suarez: -- Commissioner Spence -Jones. Mr. Simmons: Thank you, sir. Chair Suarez: -- second by Commissioner Gort. By the way, you have a great radio voice, if nobody's ever told you that. This is an ordinance requiring a public hearing. Is anyone in the public wish to speak on FR.1? Seeing none, the public hearing is closed. It's been moved and seconded. It's an ordinance. Commissioner Carollo: Mr. Chairman, hold on. Chair Suarez: Yes. Commissioner Carollo: I have one just -- Chair Suarez: Sure. Sorry. Commissioner Carollo: -- fiscal precaution just wanted to ask because, you know, when we change the ordinance, this is not just for this one time, these 15 individuals; this is from now on. So the only question that have is would this affect the principal amount, at all? Mr. Carswell: No. Commissioner Carollo: In other words, the principal amount stays the same? Mr. Carswell: Correct. This does not touch the principal amount. There's currently about 144,000 in interest -- Commissioner Carollo: Okay. Mr. Carswell: -- available. Also, it allows us to go up to $3, 000 per scholarship -- Commissioner Carollo: Understood. Mr. Carswell: -- but the CDLs are going to be at $1, 500. Commissioner Carollo: Okay. And l just want to verify, 'cause what don't want is that we dip into the principal amount, which will affect the interest. So I just want to be clear on that. Mr. Carswell: Yes. Commissioner Carollo: Thank you. Chair Suarez: Thank you. Madam City Attorney. Johnny Martinez (City Manager): Mr. -- ifI could -- Commissioner Gort: See what happens when we talk to each other. Commissioner Carollo: Mr. Manager. City ofMiami Page 87 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mr. Martinez: (UNINTET,TIGIBT,F). Commissioner Gort: It works, right? Commissioner Spence -Jones: I know, right. Mr. Martinez: I'd just like the -- Commissioner Gort: It works. Mr. Martinez: -- the record -- Commissioner Spence -Jones: Communication. Chair Suarez: Wait, wait. Commissioner Gort: You got to believe. Chair Suarez: Mr. Manager. Mr. Martinez: I'd like the record -- Commissioner Spence -Jones: Right. Mr. Martinez: -- to reflect that they agreed on something. Chair Suarez: You got to believe. Sorry. Mr. Manager. Mr. Martinez: I'd like the record to reflect that they -- Commissioner Carollo: Elaborate, elaborate, Commissioner Gort. Mr. Martinez: -- actually agreed on something so. Chair Suarez: Yes. Commissioner Carollo: Yes. Commissioner Gort: Of course. Chair Suarez: It took me about a year to vote in favor of one of Keith's proposals but, you know, he's still smiling. That's what I love about him. He's always smiling. Okay, Madam Attorney, it's an ordinance. Julie O. Bru (City Attorney): And, Mr. Chair, when they ordinance comes back for second reading, we're going to make it effective immediately, because at that meeting you will also be awarding the scholarships. Chair Suarez: Thank you. Commissioner Carollo: Got you. The Ordinance was read by title into the public record by the City Attorney. City ofMiami Page 88 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 RE.1 12-00667 Department of Public Facilities RE.2 12-00668 Mr. Hannon: Your roll call on item FR.1. A roll call was taken, the result of which is stated above. Todd Hannon (Assistant City Clerk): The first reading ordinance passes, as amended, 5-0. Chair Suarez: Thank you. END OF FIRST READING ORDINANCE RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND ALLAPATTAH COMMUNITY ACTION, INC., A FLORIDA NON-PROFIT CORPORATION ("LICENSEE"), FOR THE USE OF APPROXIMATELY 5,293 SQUARE FEET OF CITY -OWNED PROPERTY LOCATED AT 1836 NORTHWEST 22 PLACE, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING A CHILD CARE PROGRAM, COMMENCING FROM THE EFFECTIVE DATE, WITH THE LICENSEE TO PAY A MONTHLY USE FEE TO THE CITY OF FIFTY DOLLARS ($50.00), PLUS STATE OF FLORIDA USE TAX (IF APPLICABLE), WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 12-00667 Summary Form.pdf 12-00667 Legislation.pdf 12-00667 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Department of Capital Improvements Program Note for the Record: Item RE.1 was deferred to the July 26, 2012 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, IN AN AMOUNT NOT TO EXCEED $5,000,000, FOR THE CONSTRUCTION OF MUSEUM PARK PROJECT, B-30538; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-00668 Summary Form.pdf 12-00668 Legislation.pdf 12-00668 Exhibit 1.pdf City ofMiami Page 89 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0251 Direction by Commissioner Spence -Jones to the Administration to ensure that the Local Workforce and Small Business Participation provision is included in the requirements for the Museum Park Project. Chair Suarez: I'm going to -- what did you -- what were you thinking you were coming up on, RE.2? Do you guys think we can do RE.2 in one minute? I don't think so. Commissioner Spence -Jones: Yeah. Commissioner Carollo: What is RE.2? Chair Suarez: RE.2 is the next item on the agenda, which is the authorization of a grant from the Omni CRA (Community Redevelopment Agency). Vice Chair Sarnoff. So moved. Commissioner Spence -Jones: Second. Chair Suarez: Moved by the Vice Chair, second by Commissioner -- Commissioner Spence -Jones: With amendments. Chair Suarez: -- Spence -Jones. Commissioner Spence -Jones: With amendments. Chair Suarez: As amended. Vice Chair Sarnoff. Was there an amendment? Commissioner Spence -Jones: Well, I just have -- Chair Suarez: What is the amendment? Commissioner Spence -Jones: I just want to make -- well, I don't want to say with amendments, but you know what I'm going to say. For the $5 million that we're spending on this, I was told by the Administration that the jobs requirement -- this will still include -- you will include, since we passed this ordinance already, the jobs and small businesses. Albert Sosa: Albert Sosa, director of Capital Improvements. Commissioner Spence -Jones: This is not -- Mr. Sosa: The first reading of the local workforce and small business participation was approved on first reading. I'm bringing it back for second reading next meeting. Immediately upon that, I will issue an addendum to the open bids, including this one, to include that requirement. So when this bid is received for this project, it will include those requirements, yes. Commissioner Spence -Jones: Okay. We just -- I just want to make sure that the -- that was a City ofMiami Page 90 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 part of it. Chair Suarez: Thank you. Todd Hannon (Assistant City Clerk): I'm sorry, Chair. I just -- for the record, so there is no -- there are no amendments to this item? Chair Suarez: No. It's just a clarification -- Commissioner Gort: No. Commissioner Spence -Jones: No, not -- right. Chair Suarez: -- on some further action. Mr. Hannon: Thank you. Chair Suarez: I guess you could say direction because she is directing the Administration, okay. Commissioner Spence -Jones: To make sure that jobs -- Chair Suarez: Right. Commissioner Spence -Jones: -- is on there. Chair Suarez: So there's a motion and a second. All in favor, signift by saying aye." The Commission (Collectively): Aye. Chair Suarez: We will be in recess until 2 p.m. sharp. Commissioner Spence -Jones: Are we taking the executive session when we get back? Chair Suarez: Yeah. When I get back, I have to read a statement into the record. Do you want me to read it now? Julie O. Bru (City Attorney): No, no, no, no. We have to reconvene. Chair Suarez: Right. We reconvene -- I'm sorry. We reconvene here, I read the statement, then we go upstairs. Commissioner Spence -Jones: Okay. RE.3 RESOLUTION 12-00624 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A TOTAL AMOUNT OF NOT TO EXCEED $845,343.00 IN THE FORM OF A REIMBURSEMENT GRANT ("GRANT") FROM THE CHILDREN'S TRUST ("TRUST") TO THE CITY OF MIAMI'S ("CITY'S") DEPARTMENT OF GRANTS ADMINISTRATION'S EDUCATION INITIATIVES (DEPARTMENT), FOR THE TRUANCY REDUCTION PLAN PROGRAM ("PROGRAM"), AND AUTHORIZING THE CITY'S IN -KIND SERVICES MATCH IN THE TOTAL AMOUNT OF NOT TO EXCEED $5,400 TO FUND THE PROGRAM City ofMiami Page 91 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 ADMINISTERED BY THE DEPARTMENT AT VARIOUS SCHOOLS WITHIN THE CITY ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "THE CHILDREN'S TRUST GRANT FOR EDUCATION INITIATIVES 2012-2013 TRUANCY REDUCTION PLAN PROGRAM", TO ACCEPT THE GRANT, APPROPRIATING THE GRANT FUNDING IN THE AMOUNT NOT TO EXCEED $845,343.00 WITH IN -KIND SERVICES MATCH TO BE APPROPRIATED BY THE CITY VALUED AT AN AMOUNT NOT TO EXCEED $5,400; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A CONTRACT WITH THE CHILDREN'S TRUST AND TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANTAWARD FOR SAID PURPOSES, FOR THE PERIOD COMMENCING AUGUST 1, 2012 THROUGH JULY 31, 2013, WITH THE OPTIONS TO RENEW FOR UP TO TWO (2) ADDITIONAL SIMILAR PERIODS AT THE SAME NOT -TO -EXCEED AMOUNTS UNDER THE SAME TERMS AND CONDITIONS FOR THE PROGRAM, SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED. 12-00624 Summary Form.pdf 12-00624 Children's Trust - Truancy Reduction Prgm.pdf 12-00624 Legislation.pdf 12-00624 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort R-12-0248 Chair Suarez: And now I'd like to take out of turn RE.3 and RE.4, which have to do with -- unless there's a Commissioner that objects, by the way. If there's somebody that's not ready on those items, we can table it until later. It was not a time certain, andl did not send it to you guys. It was a request that was made andl kind of had made a decision not to have any time certains because of the nature of what I suspected this meeting might be, so abutting consideration of them being here and wanting to limit their time -- they had a presentation that they did last year and they're prepared to do again this year. If you guys want to hear the presentation, we can. Otherwise, we can just vote on this. It's up to you. It's your call. Commissioner Gort: I don't have any problem. Chair Suarez: You don't have any problem voting on it or you don't have any problem with the presentation? Commissioner Gort: No. I don't have any problem voting on it. Chair Suarez: Does somebody want to make a motion? Vice Chair Sarnofff. So moved. Commissioner Spence -Jones: So moved. Chair Suarez: Okay, moved by the Vice Chair, second by Commissioner Spence -Jones. Commissioner Carollo, would you like to see the presentation? City ofMiami Page 92 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: No. What I -- in reality, what I prefer, to ask a question. It's probably going to be the same question I asked last year. With regards to this item, it seems like the City ofMiami once again acts as a -- Chair Suarez: Conduit, go-between? Commissioner Carollo: -- yeah, a go-between, a flow -through. There's many ways of describing it. But the bottom line is that, you know, the money comes to the City ofMiami and then it goes right back to another government agency, and we're really like a broker or like a go-between, flow -through. There's many ways of describing it. Andl want to make sure. If the agency -- or the governmental agency that actually receives the money from the City ofMiami does something incorrect or -- and I'm not saying by malice. I'm just saying, you know, improperly, is the City of Miami liable? I know we addressed it last year. I remember -- I think Ms. Robin Jackson came before us andl asked her the question specifically to see if the City ofMiami would be liable. I think there was some additional language placed in the resolution, so I just want to, once again, relive that and see if, once again, did we put that language where it will protect the City of Miami. Lillian Blondet (Interim Director): Good morning. Lillian Blondet, Office of Grant Administration. Let me give you a little bit of summary, an update on the program -- Commissioner Carollo: Please. Ms. Blondet: -- if you want, instead of going through the whole presentation. Commissioner Carollo: Please. Ms. Blondet: RE.3 and RE.4 are related to the truancy program funded by the Children's Trust. Commissioner Carollo: And thank you. 'Cause I don't know if we need a presentation, but I would like this presentation by you, because I remember Commissioner Sarnoff last year mentioning as far as -- Chair Suarez: The deliverables. Commissioner Carollo: -- the deliverables, exactly. Ms. Blondet: Then, you know, maybe it would be good if we go through the presentation if you want to go -- Chair Suarez: Again, that's why I gave the Commission the option if they wanted to go through the presentation, because I remember last year -- Ms. Blondet: Well -- Chair Suarez: -- that was important. Commissioner Carollo: How long is it? Ms. Blondet: We can make it as long -- maybe three minutes if we have a lot of questions and we'll address -- Commissioner Carollo: Let's do it. City ofMiami Page 93 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: Go for it. Commissioner Carollo: Because I -- Ms. Blondet: -- as a summary -- Commissioner Carollo: -- know there was -- Ms. Blondet: -- there's a lot of good information. Chair Suarez: Better to be safe than sorry. You're ready? Commissioner Carollo: Exactly. Commissioner Gort: I think it'd be very important if you state about your new program. Ms. Blondet: Yes, we will -- I will -- Commissioner Gort: Your new goals. I think that's very important. Ms. Blondet: Yes. Commissioner Carollo: Yeah. I'm just -- and I'm just following up. Within the past week, we spoke about what were the deliverables and so on. Ms. Blondet: Well, let me start first by acknowledging the School Board, who is integral in this program. We have here today Maria Hernandez. She's the program director. She's there implementing the day-to-day operations. And we also have Max Zaher, who's the director of operations for the School Board. If you have any questions directly, you know, related to the School Board, they can address it. First of all, this program has to do with truancy reduction or prevention, meaning absenteeism. We want the kids to attend school. And the program starts from very early in the summer, and I'll let Maria go into the details. We get funded from through the School Board -- I mean, through the Children's Trust to implement this program, and this is the sixth year of the program and it has been very successful. We brought the School Board on board to implement the program because they can access information and they can implement the program quicker than maybe if we brought somebody else that doesn't have access to the information. By the City applying for the funding and getting the funding, we assured that the program is implemented in City schools and that's one of the reasons why we apply. School Board cannot apply directly for the funding 'cause Children's Trust wants this money to go for additional programming, and this is additional programming that without the City implementing truancy prevention with other entities, it will not exist. The School doesn't offer this without the City's presence there and us being the conduit and the administrator of the program. Again, it was developed as part of the education compact, as a truancy prevention, reducing absenteeism in schools. And we are the ones that applied for funding for six years. There are few changes this year in the program and I'll just go in a summary. First, we expanded the program from 9 months to 12 months. We got additional money, about 832, 000, a little bit over that. We are serving 23 schools instead of 10. We are therefore serving more children from a little bit -- almost 10,000 students to a little bit over 14,000 students, addressing more problems with absenteeism in elementary schools, and Maria can go over the details of why we're doing that. Basically, that's where the problem starts. Yes, Commissioner. Commissioner Carollo: Ms. Blondet. Ms. Blondet: Yes. City ofMiami Page 94 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: How are those schools chosen? Ms. Blondet: Pardon me? Commissioner Carollo: How are the schools chosen? Ms. Blondet: They are schools that have a 96 percent or lower attendance rate, so we are -- you know, unfortunately, we cannot go to every school, so we're using 96 percent. Commissioner Carollo: Got you. And I'm glad you're saying that because that's -- that was a question I was going to raise, why wasn't Coral Way Elementary, you know, included, but okay. Ms. Blondet: And l just wanted to give you a summary for the whole program, and this will cover RE.3 and RE.4, and Maria can go more into detail; and she's the expert on the matter so I'll let her take over the presentation. Maria Hernandez: We know that the most truant grades are from -- my name is Maria Hernandez, and I'm with Miami -Dade County Public Schools. The most truant grades are kindergarten through third grade, believe it or not -- it would blow your mind away -- kindergarten being the most truant. We recognize right now there's a read -to -learn movement, that if you cannot read by the third grade, you are more likely to drop out of school because you don't have the skills to do so. And in 1991 and 1993 the grand jury did a study in which they determined that 75 percent of the male inmates incarcerated had started missing school before the third grade, were reading at about a second grade level, and they also had disruptive behaviors during school, and that's when TIP (Transientlntervention Program) came about, the State Attorney's Office Transientlntervention Program model, which this program is modeled after. We recognize that you have to provide escalating services to families. Attendance is a red flag that something's happening in that family's home. And we're targeting families way before they even start school, like Ms. Blondet said, in the summer. If a parent comes with an issue, we just became homeless, and they may have zero absences, we're immediately going to intervene with that family because that could potentially lead to absences. So let me continue with the presentation. With regards to the results, this is what we have for mid -year. We're still collecting data. Deliverables. Ms. Blondet: Yes. Commissioner Carollo: It's there. Ms. Hernandez: Because there are results after that. Chair Suarez: No, just 'cause -- Ms. Hernandez: Okay, deliverables. Ms. Blondet: We're glad you asked (UNINTELLIGIBLE). Ms. Hernandez: The deliverable was -- Chair Suarez: I'll try to make it -- I'll try to keep it light. Commissioner Carollo: It's the results of the deliverables. Chair Suarez: Exactly. Ms. Hernandez: There you can see the deliverables for what the Children's Trust is requesting of City ofMiami Page 95 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 us. We were short 1 percent or 2 percent and that's because we had staff out during that time on leave, but we are looking at the end of the year and hoping that it will be much greater. But we're at a 98 percent achievement rate and 100 percent achievement rate based on the deliverables. And this is probably the key right here, response to intervention. We look at the entire school body. We don't pick 100 students here and then pick 100 over here because anybody at any given point could have the potential to have issues with attendance. So our response to intervention is that at beginning of the school year, we have school -wide initiatives. We're contacting parents. We're finding out are you ready for the first day of school? They may tell me, I don't have a book bag. Believe it or not, that could be a cause for somebody not to show up to school on the first day of school. We also continue through the beginning of the school year. And anybody with zero to four absences, they're on our radar. The minute they accrue the five unexcused absences, they trigger what we call a Truancy Level 1 meeting, which is our formal meeting, which is multidisciplinary. We invite any agencies that may be working with that family so that we're not duplicating services, and at that time we come up with some sort of action plan for their attendance issues. Commissioner Carollo: Can I -- Ms. Blondet: Yes. Commissioner Carollo: -- ifI may, can I ask a quick question? Let's say they have five unexcused absences and they -- I forgot what's the technical name that you use. They're what? Ms. Hernandez: Unexcused or excused. Commissioner Carollo: Right. Well, they're unexcused absences. But once they reach five, then they become -- Ms. Hernandez: We identify those students. Commissioner Carollo: You identify them. Ms. Hernandez: Yes. Commissioner Carollo: Okay. This does not affect them in the future, though, correct? Ms. Hernandez: No. Commissioner Carollo: Okay. Ms. Hernandez: That is our goal. We don't want them to be affected by any of this. Commissioner Carollo: Right. So, obviously, you have a record but it's not a record that now this student maintains for, you know, when they grow up or it doesn't affect them? Ms. Hernandez: It does not have a negative -- Commissioner Carollo: Impact. Ms. Hernandez: -- repercussion -- Commissioner Carollo: Right. I got you. Ms. Hernandez: -- on that student's career. City ofMiami Page 96 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: Okay, thank you. Ms. Hernandez: Okay. Out of the 9,854 students, we only had 281 students go to a level 1 meeting. We only had 6 make it to a level 2, 0 to level 3, and 0 to court. Our job, if we do our job well, is that we won't have anybody go to any level meetings for truancy. Seventy five percent of our participating schools have improved their percentage of attendance rate compared to last year. And that's just some quick information about the read -to -learn movement. They say that 88 percent of the children who never graduate from high school were poor third grade readers. And high school drop -outs earn less than half the college graduates. If you noticed our logo or our mission at the beginning, we need our students to be able to compete in the global economy. They need the skills, even if they're basic skills, so they can sustain some sort of a job to compete in the global economy, and that's where this whole movement is going towards and that's why we've moved into those elementary schools. These are the schools that are being represented because they met that 96 percent or lower threshold. And those were the percentage of attendance rates to identi the schools at the time. Commissioner Carollo: And I'm sorry, percentage of attendance. So if -- andl thought that if they're below what percent? Ms. Hernandez: If they were in the 96 percent range. So anything 97 and above, we did not tap into. So the schools that did not show up are actually doing very well. Chair Suarez: Got to talk to some of the principals in some of my schools. Ms. Hernandez: Andl don't know if you want to go into it. Ms. Blondet: Do you want to go into some of the funding that we --? Okay. Commissioner Carollo: Sure. Ms. Blondet: Okay. We got the funding -- on RE. 3 we accept the funding from the School Board -- I mean, from the Children's Trust to implement the program. We have three main providers for the truancy program. One is the School Board. The majority of the money goes to the School Board because we want to prevent absenteeism. We have two other providers that we have to allocate some money, like the circuit court. Just in case we get there, we have some funding. Most of the money -- the City pays for operating supplies. We also have an administrative fee, and the -- most of the money, you know, probably 98 percent of the money or 95 percent of the money goes for direct services -- Commissioner Carollo: Good. Ms. Blondet: -- which is through the School Board. Commissioner Carollo: Good. Ms. Blondet: So we have Maria and we have people on each school and police and the social workers that deal with the students, with their families, to prevent absenteeism. At the end of the day we're estimating -- we have 23 schools and that's 14,479 students. From the School Board we are allocating $681,102. That means that $47 per student was spent. That's $.27 per day, per student, that we spent with this program. There's -- here's a program -- you know, detail of you know, the people that we have participating in the program, and you can see the -- you know, what the money's used for, main -- you know, mainly for the social workers and the people and the teachers providing the services. We have in -kind contribution from the School Board in terms of some of the administrators, the offices. Utilities are paid for the program. The judicial court, even though we allocate money, they also provide in -kind. The City has in -kind in terms City ofMiami Page 97 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 of a portion of a salary of my education coordinator to manage the program. We got the Clerk of Court [sic], who will be allocated a little bit over $3, 000; and another entity that also is Choices Et Al, that is also allocated funding. In case we get to that level, it's mandated that we use the services and programs that they have. Andl think with that, I think that covers the main program. After that we just have a detailed presentation on the program. I mean, we can address with questions if you have. Chair Suarez: I think that was pretty detailed. Ms. Blondet: Oh, we have more details. Chair Suarez: I'm sure. There's a motion and a second. Any further discussion? Ms. Hernandez: IfI could have a moment. We have some closing remarks from our director, from --? Chair Suarez: Oh, sure. Commissioner Carollo: And Mr. Chairman, I also want to address it with the City Attorney to make sure that it's the same language that -- Chair Suarez: Okay. Ms. Blondet: I'm sorry, Commissioner. Commissioner Carollo: Remember what I originally -- I stated so. Chair Suarez: In the last -- in last year's (UNINTELLIGIBLE). Commissioner Carollo: Yeah. And we can go in order, right? Ms. Blondet: We have -- Commissioner Carollo: It doesn't have to be right now but, you know -- Ms. Blondet: -- met with the City Attorney to discuss the contract and the new funding, and the language will be there, the same one that was added last year and some additional language that is not material but makes it even more clearer of what we have to do -- Chair Suarez: We're trying to protect. Ms. Blondet: -- and what the providers have to do to implement the program. Maybe Maria -- Commissioner Carollo: IfI could hear, please, from the City Attorney. Maria J. Chiaro (Deputy City Attorney): Yes. We have put in the language related -- you're talking about the indemnification language. Commissioner Carollo: Exactly. Ms. Chiaro: -- the indemnification language protecting the City and then having the entities, in turn, indemn the City and the providers. Thank you. Commissioner Carollo: Thank you. City ofMiami Page 98 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: Sir. Marc Zaher: Good morning. My name is Mark Zaher. I'm the director for district and school operations. I work for Mr. Carvalho. You know, usually I'm in the back watching the process letting it go through. If you go to enough School Board meetings, the last thing you want to do is go to more Commission meetings, but -- and let the pros do this. But I would be remiss 'cause I want to make a couple of comments. This program is the essence of our compact with you. This program, I will tell you that other municipalities in the County have attempted to apply for the grants through the Trust and have been unsuccessful. This is, by far, one of the most successful partnerships that the Trust has and it continues to be their highest performer as it relates to the grants and the money that they give out. When we -- we're looking at attendance at your schools. Ms. Hernandez touched on the fact of those early grades. That is the key for us. And if you look at the research, it has shown that children who are not reading at grade level by grade three have this very tough time as they grow older. As far as the partnership is concerned, I just want you to know that our board, our superintendent values this tremendously. This is, by far -- I have overseen million of grants in our district in the 28 years I've been there. This is, by far, one of our highest performers. And I thank you on behalf of our superintendent of our School Board. Thank you. Chair Suarez: Thank you, sir. There's a motion and a second. Any further discussion? Hearing none, all in favor, signifi, by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: RE.4 is a companion item. Is there a motion? Commissioner Spence -Jones: And Lillian, I just wanted to make sure we tell you thank you very much -- Commissioner Carollo: Absolutely. Commissioner Spence -Jones: -- both you guys for doing an outstanding job. I know you guys do a great work in my district, and the program is an awesome program. Andl know this is a model program other places -- I mean for other areas. Chair Suarez: Andl also want to add another thing, which I think the Commissioner may have alluded to earlier, which is you listened to us. The first time that you came, you know -- you know, the program was a good program, always. But you listened to what we wanted to hear in terms of the information, in terms of making a decision, and you even improved it from last year to this year, so you know, thank you for doing that. Ms. Blondet: You're welcome. Chair Suarez: We really appreciate it. RE.4 RESOLUTION 12-00623 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY, SERVICE AUTHORIZATION LETTERS, INTERLOCALAGREEMENTS, PROFESSIONAL SERVICES AGREEMENTS, AND AMENDMENTS, EXTENSIONS AND MODIFICATIONS, AS APPLICABLE, IN COMPLIANCE WITH THE RELATED FORM OF THE CHILDREN'S TRUST CONTRACT FOR City ofMiami Page 99 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 THE TRUANCY REDUCTION PLAN PROGRAM, RESPECTIVELY, WITH THE FOLLOWING DESIGNATED SERVICE PROVIDERS: (A) CHOICES ET AL, INC., A FOR -PROFIT CORPORATION, IN AN AMOUNT NOT TO EXCEED $7,920, (B) THE SCHOOL BOARD OF MIAMI-DADE COUNTY, IN AN AMOUNT NOT TO EXCEED $699,356.46, AND (C) THE CLERK OF THE COURT OF THE ELEVENTH JUDICIAL COURT, IN AN AMOUNT NOT TO EXCEED $3,164.25, EACH FOR A PERIOD COMMENCING AUGUST 1, 2012 THROUGH JULY 31, 2013, WITH THE OPTIONS TO RENEW FOR UP TO TWO (2) ADDITIONAL SIMILAR PERIODS, AT THE SAME NOT TO EXCEED AMOUNTS, UNDER THE SAME TERMS AND CONDITIONS. 12-00623 Summary Form.pdf 12-00623 Municode - Sec. 18-112.pdf 12-00623 Children's Trust - Truancy Reduction Prgm.pdf 12-00623 Legislation.pdf 12-00623 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff RE.5 12-00714 City Manager's Office R-12-0249 Chair Suarez: RE.4 is a companion item. Any -- is there a motion on RE.4? Commissioner Carollo: So moved. Commissioner Spence -Jones: second. Chair Suarez: Moved by Commissioner Carollo, second by Commissioner Spence -Jones. Any further discussion? Hearing none, all in favor, signify by saying iiye. " The Commission (Collectively): Aye. Lillian Blondet (Interim Director, Grants Administration): Thank you. Chair Suarez: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE MEMORANDUM OF KEY LEASE AMENDMENT TERMS AND CONDITIONS PRECEDENT (TERM SHEET), ATTACHED AND INCORPORATED, BETWEEN THE CITY OF MIAMI , MIAMI-DADE COUNTY AND PARROT JUNGLE AND GARDENS OF WATSON ISLAND, INC., RESTRUCTURING CERTAIN DEBT OBLIGATION AND MODIFYING THE LEASE AND DEVELOPMENT AGREEMENT DATED SEPTEMBER 2, 1997; FURTHER PROVIDING FOR CERTAIN OBLIGATIONS OF PARROT JUNGLE AND GARDENS OF WATSON ISLAND, LLC AND THEME PARK ENTERTAINMENT, LLC. City ofMiami Page 100 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 RE.6 12-00752 District 2- Commissioner Marc David Sarnoff 12-00714 Summary Form.pdf 12-00714 Legislation.pdf 12-00714 Exhibit 1 07/12/12.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $9,000 TO THE 2012 COCONUT GROVE BED RACE, FOR FEES AND COSTS ASSOCIATED WITH THE 2012 COCONUT GROVE BED RACE BEING HELD SEPTEMBER 1 AND 2, 2012, AT THE COCONUT GROVE VILLAGE CENTER, AND AN AMOUNT NOT TO EXCEED $9,000 TO THE KING MANGO STRUT PARADE BEING HELD DECEMBER 30, 2012; ALLOCATING FUNDS, IN THE AMOUNT OF $18,000, FROM THE NON -DEPARTMENTAL ACCOUNT FESTIVALS RESERVE CODE NO. 00001.980000.548000.0000.00000, FOR SAID PURPOSE. 12-00752 Legislation.pdf 12-00752 Exhibit 1.pdf 12-00752-Exhibit 2.pdf 12-00752-Submittal-District 2.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0253 Chair Suarez: RE.6. Vice Chair Sarnoff Thank you, Mr. Chair. This was a resolution that brought asking -- there's a remaining $18,000 -- Commissioner Spence -Jones: So moved. Chair Suarez: Moved by -- Vice Chair Sarnoff Wait, wait. Slow down, slow down, slow down. I do appreciate that, though. Chair Suarez: -- Commissioner Spence -Jones. Vice Chair Sarnoff But I did want to amend it and not put the full 18, 000 for the bed race. It was going to be 9, 000 for the bed race and 9, 000 for the Mango Strut. I did provide you all with budgets to show you how the money would be spent. So that would be my motion. Chair Suarez: Okay. Well, that will be -- Commissioner Spence -Jones: Today, right? City ofMiami Page 101 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: Wait a second, wait a second. She made the motion so she has to amend her motion. Vice Chair Sarnoff That's true. Okay. Chair Suarez: Will you amend your motion to reflect --? Commissioner Spence -Jones: I amend my motion. Chair Suarez: You are seconding the motion, Mr. Vice Chair? Vice Chair Sarnoff The seconder accepts. I second. Commissioner Spence -Jones: Andl hope I'm invited -- Chair Suarez: Okay. Commissioner Spence -Jones: -- to the events. Chair Suarez: Yeah. I think everybody is. Vice Chair Sarnoff You're going to be the queen ofMango Strut. Chair Suarez: What about on the bed -- Vice Chair Sarnoff And I'm going to make sure that happens, and that's never happened before. Commissioner Spence -Jones: I would like that. Chair Suarez: What about the bed -- Vice Chair Sarnoff You are actually going to be the queen ofMango Strut. Commissioner Spence -Jones: I want a mango. Vice Chair Sarnoff Everybody from the Mango is listening? Chair Suarez: We shouldn't talk about the bed race, though, right? Commissioner Gort: You got a new queen. Vice Chair Sarnoff We're going to put you on your own bed and that may sound a little weird. Chair Suarez: We'll -- Commissioner Spence -Jones: Okay. Chair Suarez: I guess -- no. And l just want to -- I want to -- you know, before taking a vote, I just want to say that, you know, to the Vice Chair's credit, he has a discussion item on this issue, which we'll discuss at the appropriate moment, which we can talk about the more macro concept of this whole thing. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. RE.7 RESOLUTION City ofMiami Page 102 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 12-00748 City Commission A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. _; AMENDING SECTION 29-B, ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY", TO AUTHORIZE THE CITY TO ENTER INTO LEASES OR MANAGEMENT AGREEMENTS WITH ENTITIES CONTROLLING THE UPLANDS FOR MARINAS, DOCKS OR LIKE FACILITIES USING METHODS TO BE ADOPTED BY ORDINANCE ON THE CONDITION THAT SUCH LEASES OR AGREEMENTS RESULT IN A RETURN TO THE CITY OF FAIR MARKET VALUE; CALLING FOR AND PROVIDING THAT CHARTER AMENDMENT NO. _ WILL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD ON NOVEMBER 6, 2012; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. 12-00748 Legislation (Version 2).pdf 12-00748 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item RE.7 was deferred to the July 26, 2012 Commission Meeting. Direction by Vice Chair Sarnoff to the City Attorney, to work with him to draft language regarding the submerged land charter amendment that will be easily and clearly understood by the constituents. Chair Suarez: Keeping things flowing. We still need a couple Commissioners and we'll get started as soon as they get here on the Charter items. RE.7 is the first one. [Later... Chair Suarez: All right. We have a full Commission. RE.7. Commissioner Spence -Jones: RE.7. Chair Suarez: You're recognized, Ms. Bravo. Commissioner Spence -Jones: Allison -- Alice. Alice Bravo: Good afternoon. Alice Bravo, assistant City Manager. RE.7 is a proposed Charter question amending Section 29(b) of the City Charter under -- adding a paragraph that says, "Notwithstanding anything in this Charter to the contrary, the City may enter into leases or management agreements for any City -owned submerged land with entities having a possessory interest in the riparian upland for marinas, docks or like facilities using methods adopted by City ofMiami Page 103 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 ordinance on the condition that such leases or agreements result in a return to the City of fair market value. Vice Chair Sarnofff. Move it. Chair Suarez: It's been moved by the Vice Chair. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. Commissioner Gort: Discussion. Chair Suarez: Commissioner Carollo. Commissioner Carollo: Discussion. Chair Suarez: Go ahead. Commissioner Gort: It seems like we going to have quite a few of them on the ballot, andl think the wording, we understand it. But for the public to vote on it, you have to be very specific that they know the differences between this City -owned, what's on the water and what's outside of the water. Somehow -- andl don't know the language, how it's going to be placed, but in order for people to understand it, we have to make it very plain. Ms. Bravo: Right. Chair Suarez: Any further -- go ahead. Ms. Bravo: I have -- Chair Suarez: You want to respond? Sure. Ms. Bravo: -- a brief presentation if you want me to, for the record, demonstrate what a submerged land is. We have a little figure. Chair Suarez: Okay, how much time? Ms. Bravo: Three minutes. Chair Suarez: Go for it. Vice Chair Sarnofff. I don't think that's his question. I -- because I -- this is what is going to be -- this is the language that will be put on the ballot, andl think what you're saying is you don't think people will vote for this. Commissioner Gort: No. First, I don't think they'll understand it. Vice Chair Sarnofff. Right. Do you have any suggestions? Commissioner Gort: I got questions andl had questions when it was first presented to me so -- Vice Chair Sarnofff. Do you have suggested language or --? Commissioner Gort: I don't have any at this time, to tell you the truth. City ofMiami Page 104 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Vice Chair Sarnoff. I'm just thinking, Commissioner, if there's something simpler to put in there. Commissioner Spence -Jones: Can I just ask us if we are agreeing on the principle? Commissioner Gort: Yes. Commissioner Spence -Jones: And we do have up until the next City Commission meeting. Is there any way that we can ask the Administration to perhaps provide us with some suggestions? Maybe the City Attorney can provide us with some suggestions on this item. Vice Chair Sarnoff. This is your suggestion, right, Madam City Attorney? Commissioner Gort: Yeah. That's -- Julie O. Bru (City Attorney): Yes. Commissioner Spence -Jones: Some additional ones. But I'm saying if there's something in there that -- Vice Chair Sarnoff. You know, I'll volunteer for this one. Commissioner Spence -Jones: Good. Vice Chair Sarnoff. 'Cause, you know, being an admiralty lawyer, I hear what he's saying andl know the City Attorney wants to capture the largest pool, and yet, he wants to use more colloquial language, like owner, prop -- you know. Commissioner Gort: I want the people to understand -- Vice Chair Sarnoff. Right. Commissioner Gort: -- that the property on the land belongs to someone else. All we're doing is allow them to deal with the State for the -- what do you call them, the -- Commissioner Carollo: Submerged land. Commissioner Gort: -- water --? Ms. Bravo: If you don't --- Commissioner Carollo: Submerged land. Commissioner Gort: The submerged land, yes. I want to make sure the people understand the difference. Vice Chair Sarnoff. This is the one where the submerge -- where the upland owner -- let's just use a simpler term -- can enter into an agreement with the City to manage the docks, really what it comes down to. Ms. Bravo: And maybe if I run through the couple of slides I have real -- Vice Chair Sarnoff. Andl hope -- Ms. Bravo: -- quick -- City ofMiami Page 105 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: Who owns the submerged -- Ms. Bravo: -- it'll -- Commissioner Carollo: -- lands? Vice Chair Sarnoff. The -- likely the City does. Commissioner Carollo: Right. Vice Chair Sarnoff. Right. Commissioner Carollo: The City owns the submerged lands though. Commissioner Gort: No, I understand. Ms. Bravo: Right. Unidentified Speaker: But receives no income. Ms. Bravo: In this -- may I --? Want me to run through? Chair Suarez: Yes, please. Ms. Bravo: All right. Chair Suarez: Let's go. Ms. Bravo: Up on the screen I have a figure that just depicts what a submerged land is. And in Florida, the submerged lands is the area adjacent to an upland between the mean high water mark and three nautical miles out. In the state of Florida, when the state was created and joined the union in March 3, 1845, the submerged lands became part of the oversight of the trustees of the Internal Improvement Trust Fund, which is actually the Governor and Cabinet. Between 1929, 1949, through six separate deeds, over 5,000 acres of submerged lands were deeded to the City. And this figure depicts where these different submerged lands are located; primarily near downtown Miami and also in Coconut Grove. So everywhere else, submerged lands are controlled by the State. And in these deeds, the land belongs to the City and has public use restrictions and when we want to do something within these deed boundaries, we seek the State's approval and conference with what we're doing. So in riparian rights in Florida, basically an upland owner has the right to wharf out to navigable land. If a submerged land belongs to the State, the State has an administrative process by which an upland property interest holder can lease the submerged lands from the State for construction of a marina or piers, et cetera. With our current provisions in Charter Section 29(b), the -- that requires a procurement for leasing of land. So the proposed amendment would say that we could lease submerged lands to someone, with the upland owner, a process similar to what the State has, as long as we receive fair market value. So we would be receiving revenue in the proposed language. Chair Suarez: Question. Go ahead. Commissioner Carollo: Yes, Mr. Chairman. The issue that I'm seeing with this is using methods adopted by ordinance. I'd like to know what those methods are. And you know, forgive me for being skeptical, but the Administration -- I'm not even saying this Administration -- in the past has not had the best record as far as negotiations and agreement. So even as far as, yes, we're going to receive fair market value, okay. Who's going to determine what's fair market value? Is City ofMiami Page 106 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 it going to be an appraisal? Is it going to be two or three appraisals or --? You know, so my issue with this is using methods adopted by ordinance. I kind of want to know what are the methods and that's my issue with it. Ms. Bravo: Okay. Chair Suarez: And you know, I don't know how -- I could go way out from this on a huge tangent here, but you know, the bottom line is that we are considering presenting to the voters charter changes here, okay. Those are changes to our governing foundational document, okay. They have to be done in a careful, deliberate manner because if we haven't -- and it happens all the time with legislation and in drafting -- legal drafting. If you have unintended consequences to the legislation, you cannot undo them, not like a resolution, not like an ordinance. So you know, the fact that we have questions as to how the charter change is going to be implemented by ordinance I think are valid concerns. And so, you know, I would have liked to have seen, let's say, a proposed ordinance before, you know -- so that would allay some of the fears related to that. You know, from my perspective, this is a much broader issue than this, you know. You andl have discussed this, you know, before you brought this to the Commission. But I think this one, in conjunction with all the other ones, to be completely honest with you, with the exception of the date of elections, should have been brought for consideration and discussion well in advance of today so that we had many opportunities to debate it, to present questions and issues, just like Commissioner Carollo's presenting right now, and we could thoroughly vet that and make an informed decision so that when we send it to the voters, we are doing our proper due diligence, you know. And reminds me of my proposed charter discussion, which I worked on for nine months and brought to the Commission first as a sunshine meeting, then as a discussion item, okay, and then it was still two months, four Commission meetings, before the August deadline. Had we wanted to put that on the ballot after careful consideration and debate, we would have had four Commission meetings to put it on the August ballot. If we said, you know what, we're not ready in August, we would have had another four Commission meetings to put it on the November ballot; so eight Commission meetings, four months in total. This is foundational -- changes to our founding document and they should not be done haphazardly. And I'm not saying that you are, by the way. I'm just saying that, you know, it goes back to -- similar to the RFP (Request for Proposals) of today. We have this looming deadline that is -- and we're like all freaked out about. And so we rush to do things and these things are big decisions, you know. They're not small decisions. So, you know, I'm glad that Commissioner Carollo brought up this issue on this item because the fact of the matter is I have that issue with this item and the other ones as well. So you know, I don't know how it can be resolved, to be completely honest with you, Commissioner. Commissioner Spence -Jones: Well, we see that you're very passionate about it. Chair Suarez: I am, and I have a lot more to say on it too. Commissioner Spence -Jones: So I agree with the Chairman on this issue, you know. If we don't have this imaginary deadline or it is an imaginary deadline of trying to get it on the charter [sic] -- unless you have something else to put on the record, Alice that says, hey, we need to do this because there are things that are floating out there that may affect -- not floating, but you -- Johnny's in -- Chair Suarez: No pun intended. Commissioner Spence -Jones: -- a good mood today. Johnny's in a good mood today. Ms. Bravo: Well, I will add something that in discussions with the State, there are several areas where downtown buildings over the years have constructed marinas, et cetera, and they're at the point where they need to be repaired. And because we do not have any method to lease with City ofMiami Page 107 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 them directly, they're in a precarious position. They want to maintain their marina. Without a process and entering into a lease, the State might revert a portion of our deed in which that area is contained. So we want to be able to maintain the integrity of our D parcels, and that's something that our City Attorney -- Assistant City Attorney Victoria Mendez has been working with us on the state level. Commissioner Spence -Jones: And let -- I'm sorry, Mr. Chairman. I just want -- Chair Suarez: Sure. Commissioner Spence -Jones: -- to add -- 'cause this might be a little differentfrom the other things. Alice, I think one of the issues we have as Commissioners sitting up here is like there's always the Oz effect. You know what the Oz effect is? Ms. Bravo: No. Commissioner Spence -Jones: Okay. The Oz effect is we know that there's something. We've gotten it up here now. We know that when you're bringing an item, there is a reason for it. But we never really get the reason for it until we like dig -- Chair Suarez: Behind the curtain. Commissioner Spence -Jones: -- to get it. So we want to pull back the curtain. I would like to know what -- you know, I'm sure that whoever these so-called marinas and downtown -- I'm sure you have to know who they are, okay. Ms. Bravo: Yes. Commissioner Spence -Jones: And I'm not even asking to know them now. I think that at least you did have a consensus. I don't even know -- I think we had a vote on this item actually, right? Chair Suarez: What we did was we voted on the City Attorney -- we directed the City Attorney to prepare the language. Commissioner Spence -Jones: Right, but thought that we also just had -- didn't someone -- didn't -- aren't -- weren't we moving in agreement with supporting this item -- Chair Suarez: There's a motion -- Commissioner Spence -Jones: -- with the changes on the -- Chair Suarez: -- and a second on the floor. Commissioner Spence -Jones: -- language so that it could be clear, as Commissioner Gort just stated, so that the voter will understand what they're voting on? I thought that's what Commissioner Sarnoffs comments were. I would -- he actually nominated himself to work along with the City Attorney to make it clearer. My only question is -- which means I think that we can bring this item backup in the next two weeks. But in the meantime, can we know who those people are behind the curtain or -- Vice Chair Sarnoff Yeah. Commissioner Spence -Jones: -- at least have an idea of what those items are? Vice Chair Sarnoff Let me try to explain it. City ofMiami Page 108 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: Okay. Vice Chair Sarnofff. I think if you go back to a slide and you share what some of the upland positions -- I can at least point to something -- I think we're talking about deed 19 -- I believe it's this deed right here. It's either 17594 or 19448. What happened is the -- we were -- we had the rights to the submerged lands, we believed, and we were in negotiations with a condominium that was -- that had docks out there that were partially or all destroyed in -- as a result of a hurricane. And as a result of a dispute between the State, the State turned around and says, well, we're not so sure this is the City of Miami's. We think it's ours. So our revenue opportunity to go and enter into a contract with them was usurped by the State by entering into a contract with them because we had no mechanism in place to allow a very -- a high-rise condo to have docks to go out into the submerged lands. And it became a little bit -- maybe not funny 'cause I don't want to -- it was interesting. One of -- lawsuits ensued. The City ofMiami did a suit to evict the Brickell owners, let's say, and we used a statute that actually had the word prostitution in it, and it sort of went around Commissioner Sarnoff is calling us prostitutes and we actually used language in there -- I mean, not that I used it, but I think the actual statute got quoted or the ordinance got quoted. So -- what I'm inartfully [sic] saying to you, Commissioner Spence -Jones, is if we don't take this action, we lose a revenue opportunity. Commissioner Spence -Jones: Right. Vice Chair Sarnofff. And that revenue opportunity goes to the State. Commissioner Spence -Jones: Right. Vice Chair Sarnofff. Now if we're looking for revenue -- legitimate revenue -- and this is probably legitimate -- this is legitimate revenue because this legitimately, based on Alice's presentation and the City Attorney's presentation, demonstrated this was our -- this was a submerged land that was given to us back to the state in the 1920s or '30s. We were unable to simply go to contract with these folks. Commissioner Spence -Jones: Right. Vice Chair Sarnofff. So it comes down to, principally, do you think -- and look at where we're looking at. Look at the deeds we're looking at. These are all high-rise condominiums throughout either Coconut Grove, Brickell -- andl might have gotten my deed wrong. I apologize to the Administration. Maybe I should have been looking at the upper deed. These are all developed waterfront properties. If you want to make sure that there's no -- you want to have the ability to give a person a lease so they can -- so that there's a unity, if you will, between the people who own the condo and the people who would have the rights to use the dock facilities. You need first a methodology under the charter that'll let you do it and then, second, an ordinance. Now, the Chair has a concern: I don't know what that ordinance looks like. The beauty is if we come up with language that Commissioner Gort thinks would be voted on, it says adopted by ordinance. Should we never adopt an ordinance 'cause we can't come up with a methodology, this would be surplusage language that would never go into effect. But if we do come up with language that is acceptable to this Commission, we'll have a methodology of number one, not letting the state usurp our opportunities and we'll have the ability -- and you can imagine what a submerged land is worth. Chair Suarez: And by the way, I'm just echoing Commissioner Carollo's concern about what an ordinance would look like and how that would be interplay into a charter change. Commissioner Gort: (UNINTET,TIGIBT,F) City ofMiami Page 109 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: Right. Chair Suarez: Yeah. Let me just -- let me get it all out 'cause, again, I have a lot to say on these issues. But I almost just lost my train of thought, but I'll get it back. No, I did lose my train of thought. I'm not getting it back right now, so go ahead. Commissioner Carollo: Thank you. Commissioner Spence -Jones: Can I just add on to you, Commissioner Sarnoff? And it's just continue discussion on -- so basically, you ran into -- you guys ran into a problem -- Vice Chair Sarnoff We did. Commissioner Spence -Jones: -- and that's what made you realize that this was an item that needed to be dealt with. Vice Chair Sarnoff We did. Commissioner Spence -Jones: So that's how we got here, right? Vice Chair Sarnoff Right. Commissioner Gort: Right. Commissioner Spence -Jones: I'm saying this 'cause my question was you knew about all of this because you ran into the problem. But all of us didn't know because, quite frankly, it's not in our district so, you know, we're dealing with our own issues. But some of us do have other waterfront -related properties as well. And l just wanted to ask you really quickly -- or ask Alice, did -- do we have a complete analysis on all of the waterfront properties where there's a submerged land issue? Like, for instance, does Parrot Jungle have a submerged land issue? Does Flagstone have one? Ms. Bravo: Well, those properties sit within this deed, 19447, which were submerged lands deeded to the City. So any time that there is any type of new development on those lands, the City goes to the Governor Cabinet, sitting as -- Commissioner Spence -Jones: Yes. Ms. Bravo: -- the trustees for a deed restriction waiver to allow that additional use. Commissioner Spence -Jones: Okay, so these are the only deeds period left at all. So the Virginia Key Beach -- none of them have one? Ms. Bravo: No. These are the only submerged lands that were deeded to the City. Commissioner Spence -Jones: Okay. Ms. Bravo: The rest of the submerged lands belong to the State. And since they have an administrative process, if you're the upland owner in front of a state submerged land, you basically submit an application for a lease to the State. The rates are set out in Florida Administrative Code and it's a very -- Commissioner Spence -Jones: I got it. Ms. Bravo: -- straightforward process. City ofMiami Page 110 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: So we're only dealing with in this particular issue -- but this still opens us up for any additional things that we may discover down the line, right? Ms. Bravo: Correct. Commissioner Spence -Jones: But you -- based upon what you know, there are no other deeds for submerged land but the ones that we're seeing here? Ms. Bravo: Correct. Commissioner Spence -Jones: Okay. Commissioner Carollo: Mr. Chairman. Chair Suarez: Go ahead, Commissioner. Commissioner Carollo: Real quick 'cause this may answer or dispel the concern thatl have. Commissioner Suarez -- I'm sorry, Commissioner Sarnoff, are you saying that if this goes to the voters and it gets approved, if this City Commission takes no action whatsoever and passes no ordinance whatsoever regarding the methods, then -- Vice Chair Sarnofff. Nothing happens. Commissioner Carollo: -- nothing happens? Vice Chair Sarnofff. It's just surplus language that this Commission could never come up with an ordinance to make this operable. Commissioner Gort: To make it possible. Vice Chair Sarnofff. It's the permission -- Commissioner Carollo: Okay. Vice Chair Sarnofff. -- it's permission from the voters to do it. Chair Suarez: To delegation. Vice Chair Sarnofff. But the Commission as the governing body -- Chair Suarez: To delegation. Vice Chair Sarnofff. -- could never come up with the methodology to do it. Chair Suarez: To delegation. Commissioner Carollo: So then -- so in other words, if we come up with -- for instance, my example -- and again, forgive me for being skeptical, but my example -- okay, yeah, it says here as long as the City receives fair market. But fair market is determined how? So if we don't pass an ordinance determining how fair market is and there's no other ordinance with regards to this, nothing could ever -- Vice Chair Sarnofff. Correct. City ofMiami Page 111 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: Okay. Chair Suarez: Yeah, and it's -- Commissioner Carollo: Okay. Chair Suarez: -- similar to what we did -- what we didn't do with the civil service rules. The civil services rules are in our Charter and we wanted to -- there was an effort to bring the civil service rules out of our Charter and make them ordinances. And this Commission felt very uneasy about the fact that they didn't have any definition as to what that ordinance was going to look like and we voted down that proposed Charter amendment. So, you know -- and let me just backtrack a little bit because I remember what I was going to say, which is that I agree with the substance of this, okay. I agree with the concept, obviously. I voted to, you know, direct the City Attorney to prepare the language. What has concerned me -- and particularly in light of some of the other Charter amendments that are being advanced -- is I start to look very deeply at these because they're coming up kind of quickly. I mean, in the case of this one, I've spoken to Alice about it for a few months. She -- butl didn't see the language on the Charter until, you know, a couple Commission meetings ago. Andl -- you know, I can see now that she's done a comprehensive presentation, you know, to inform the Commission. So I'm a little bit -- I want to be consistent. If I'm going to be oppositional to certain Charter amendments on the basis of you know, my feeling that they are not -- you know, that enough due diligence hasn't been done or that they're rushed or something of that -- to that effect, I want to be consistent. I don't want to vote one way on one issue and then vote another way on another issue. So that's kind of how I feel about that and l just -- your issue is just one example of what could be an unintended consequence of a charter change because, as you know, Vice Chair, being a lawyer, you legislate, you draft contracts. And you never really know the contractual language that you draft, what a court is going to -- how a court is going to interpret it. You never really know when -- even when we pass an ordinance, we don't -- never really fully know what the consequences are, but an ordinance can be changed simply by two readings and a resolution by one. So a charter change really has to be vetted extensively and we have a responsibility as Commissioners to do our due diligence before we even offer it to the voters because a lot of these things are confusing, as Commissioner Gort stated, you know. And don't know that the general population really understands what a submerged land is. I mean, that's a law school class, you know. And you're a maritime attorney, so you know it better than anybody else. I'm not so sure thatl know riparian rights issues. I want to know if anybody here can define riparian rights, you know. I know you can, but -- back there. No? You can't either? Vice Chair Sarnofff. I don't think he's an admiralty lawyer. Chair Suarez: Okay. So you know, I -- look, I think the example that Commissioner Carollo brought up, you know, to me was -- kind of pulled at my strings because I have issues with some of these other ones and I want to be consistent. So I don't know what you guys want to do, but I'm going to be consistent so. Commissioner Spence -Jones: So you being consistent saying do we want to bring this back, have two weeks? I mean -- Chair Suarez: No. Commissioner Spence -Jones: -- we kind of debated it a little bit at least on this issue. Or -- I mean, can we --? Chair Suarez: I could tell you how I feel. To me, two weeks is not enough -- Commissioner Spence -Jones: Well, I think -- City ofMiami Page 112 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: -- to vet a charter amendment. That's my impression. Commissioner Spence -Jones: -- we know how you feel. Chair Suarez: Okay, so -- Commissioner Spence -Jones: But I guess the question would be, Mr. Chairman -- Chair Suarez: Yes. Commissioner Spence -Jones: -- can we take these next two weeks? Chair Suarez: Sure. Commissioner Spence -Jones: Can Commissioner Sarnoff -- Chair Suarez: Maybe I'll change my mind Commissioner Spence -Jones: -- maybe perhaps come back with some amendments that, you know -- on language and we can further discuss it. But at least -- I think we got a lot out of this discussion, probably more so than the other ones that will come up. I'm sure there'll be some hearty discussions. But I think that at least this moves it to the next level. Vice Chair Sarnoff Yeah. What I'll do is -- with Julie's permission, I'll work with her and try to -- I don't want -- I want to bring it down to language that the average person will understand and the average person would gravitate towards. And I'm going to try to be more Commissioner and a little less lawyer, and you're going to be the lawyer. Ms. Bru: So, Commissioner -- Chair Suarez: I hope so. Ms. Bru: -- obviously we go to print on Tuesday, so with the understanding that the item can just Chair Suarez: That's my point. Ms. Bru: -- travel as is, but -- Vice Chair Sarnoff And I want to thank you for my homework over the weekend. Ms. Bru: -- you know, we can work with you -- my office can work with you and continue to play around with the language to see if there's language that speaks not only legally correct but in English. Chair Suarez: And got to jump in on that. And that's my point. My point is we're on Thursday evening and we're going to rush because we have to print by Tuesday. We have a five-day rule, you know. And we're going to -- do to a charter amendment? You know, is that really the responsible thing to do? Commissioner Spence -Jones: Francis -- I mean, Mr. Chairman. Chair Suarez: Yes. City ofMiami Page 113 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: I think what we said maybe a few minutes ago is that we're going to allow your Vice Chair -- Chair Suarez: Of course. Commissioner Spence -Jones: -- to at least work along with our City Attorney -- Chair Suarez: I -- I'm fine with that. Commissioner Spence -Jones: -- and we still have the option -- Chair Suarez: I do. Commissioner Spence -Jones: -- on the 26th, is it? Chair Suarez: Yes. Commissioner Spence -Jones: -- to support it or not support it. Chair Suarez: I hear you. Commissioner Spence -Jones: But at least give him -- we understand how passionate you are about this issue. Chair Suarez: I am very passionate about this. Commissioner Spence -Jones: Right. So -- but we're going to allow them to at least do that. Chair Suarez: I have no problem with that. This is the -- if that's the will of this board. Commissioner Spence -Jones: Right. And then on -- Chair Suarez: I mean, I'm only one person. Commissioner Spence -Jones: -- the 26th, you can, you know, slam dunk it if you want -- Chair Suarez: I can't slam dunk anything. Commissioner Spence -Jones: -- you know. Right. Chair Suarez: I can't even slam dunk a basketball. Commissioner Spence -Jones: I think that you have a citizen, though, that wants to at least put something on the record. Chair Suarez: Yes. I'm sorry. Ms. Solares, do you want to say something on this? Grace Solares: Thank you. It's just -- I'm confused by this, but old ladies like me get confused very easily. Commissioner Spence -Jones: Can you put your name on the record. Ms. Solares: Yes. Grace Solares, 60 Southwest 30th Road. I know I've heard talking about condos on Brickell, but I'd like to ask a question. Would this apply to the land off of let us say, Morningside -- Legion Park? City ofMiami Page 114 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Ms. Bravo: No. The City ofMiami does not have a submerged land in that area. Chair Suarez: Deed, right. Commissioner Spence -Jones: They don't have a deed for any submerged land. Ms. Bravo: Right. Commissioner Spence -Jones: It's only based upon deed -- Ms. Bravo: In that area the submerged lands belong to the State. Ms. Solares: We need to know exactly what is it -- Ms. Bravo: Right. Ms. Solares: -- that -- because it just doesn't say it. It seems too broad. We need to know exactly what we're going to be voting on. Ms. Bravo: Right. Ms. Solares: Yeah, but you won't have that thing when we go to the ballot. Commissioner Spence -Jones: Which thing? Ms. Solares: It has to be -- Commissioner Spence -Jones: Oh, you mean someone (UNINTELLIGIBLE). Ms. Solares: -- so specific. Commissioner Gort: She's got a point. People need to know where it's going to take place. Ms. Solares: But definitely not the submerged land in front of Morning -- Legions [sic] Park -- Commissioner Spence -Jones: No. That's what I asked -- Ms. Solares: -- right? Ms. Bravo: No. Commissioner Spence -Jones: -- Grace. I said are there -- Ms. Bravo: No. Commissioner Spence -Jones: -- any other submerged lands throughout the City that's not deed. Ms. Bravo: But you did mention Flagstone and you mentioned Jungle Island Commissioner Spence -Jones: But I was just using -- Ms. Bravo: Right. Commissioner Spence -Jones: -- those as examples in other places and -- City ofMiami Page 115 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 RE.8 12-00749 City Commission Ms. Bravo: And technically, those are uplands so they're not addressed by this. The submerged land is anything -from the mean high water down and -- where it falls inside a deed. If it's an upland, that would still follow all the Charter procurement requirements. Ms. Solares: Okay. Thank you. Thank you -- Chair Suarez: Thank you. Ms. Solares: -- Mr. Chair. Chair Suarez: Thank you. So what's the will of this body? Commissioner Spence -Jones: The will -- Chair Suarez: There's a motion and a second. Commissioner Gort: The will of the body is (UNINTELLIGIBLE). Vice Chair Sarnoff So let me withdraw my motion. Chair Suarez: Okay. Vice Chair Sarnoff And as an instruction -- Chair Suarez: Do you withdraw your second? Vice Chair Sarnoff -- instruct the City Attorney to work with me until Tuesday to come up with language that we'll put on the next Commission meeting. Commissioner Spence -Jones: And we promise we won't keep you too late tonight so that you can be up early enough, right, Frank, in order for us to do that. Commissioner Carollo: I'm not going to be the issue. I'm not going to be the issue. I'll move 'em. Chair Suarez: You're going to move to defer 'em all? Commissioner Spence -Jones: Okay. Mr. Chairman. Chair Suarez: Okay. There's a motion to defer, I believe. Commissioner Spence -Jones: Second. Chair Suarez: There's a second by Commissioner Spence -Jones. All in favor, signift by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATING TO AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. _; AMENDING SECTION 4, ENTITLED " FORM OF GOVERNMENT; City ofMiami Page 116 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 NOMINATION AND ELECTION ", AMENDING SECTION 7, ENTITLED " ELECTION OF CITY COMMISSIONERS AND MAYOR" AND AMENDING SECTION 12 ENTITLED "FILLING VACANCIES FOR MAYOR AND COMMISSION" TO CHANGE THE DATES OF THE CITY OF MIAMI GENERAL ELECTIONS FROM ODD YEARS TO EVEN YEARS TO COINCIDE WITH THE COUNTY -WIDE PRIMARY ELECTION IN AUGUST AND WITH ANY CITY OF MIAMI RUNOFF ELECTION TO BE IN NOVEMBER OF EACH EVEN YEAR TO COINCIDE WITH THE COUNTY -WIDE GENERAL ELECTION AND THEREBY EXTENDING THE CURRENT TERMS OF THE MAYOR AND COMMISSIONERS TO CONFORM TO THE NEW ELECTION CYCLE; CALLING FOR AND PROVIDING THAT CHARTER AMENDMENT NO. WILL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD ON NOVEMBER 6, 2012; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. 12-00749 Legislation (Version 2).pdf 12-00749 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item RE.8 was deferred to the July 26, 2012 Commission Meeting. Direction by Commissioner Spence -Jones to the City Attorney to work with Commissioner Carollo to draft language regarding the charter amendment related to the change in the City's election cycle that will be easily and clearly understood by the constituents. Chair Suarez: RE.8. Commissioner Spence -Jones: The Administration's going to put something on the record? This is about the -- Commissioner Carollo: The election cycle. Commissioner Spence -Jones: -- election cycle. Chair Suarez: Yep. Commissioner Spence -Jones: The only thing that I -- can I add, Mr. Chairman, before we -- Chair Suarez: Sure. Commissioner Spence -Jones: -- get into --? Chair Suarez: Please do. Commissioner Spence -Jones: The only -- 'cause we have debated this one long enough, I'm sure. City ofMiami Page 117 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: Yes, we have. Commissioner Spence -Jones: Okay. Chair Suarez: Six months at least -- Commissioner Spence -Jones: So this horse is -- Chair Suarez: -- it's been on the agenda. Commissioner Spence -Jones: -- a little dead, I think. Chair Suarez: I'm sorry? Commissioner Spence -Jones: This horse is a little dead. Chair Suarez: I think this horse is beaten, yes. Commissioner Spence -Jones: Okay, okay. But the one thing that I was a little concerned about was the language, again. I think Commissioner Gort brought up the issue in the last one. I think the language is -- does not make it clear to the voter. Andl know the intentions of what we were doing was based upon cost savings. I believe we would save almost 1.3 million, you know, with Commissioner Carollo: At least. Commissioner Spence -Jones: At least. So I think that, as a voter, if I'm going in to vote on an item like this, I would want to know why we're doing it and what the true intentions were. So I would just ask that Julie works -- sorry, Julie, giving you something else to do. Julie -- no, actually it was Maria that was working on this, right? Julie O. Bru (City Attorney): Well, we have all been. Commissioner Spence -Jones: Okay, okay. The City Attorney's office -- let's try that -- along with the Clerk's office, once again, at least work on this language so that it's clear that the whole purpose behind this thing is the cost savings. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. You are recog -- Commissioner Spence -Jones: Am I correct or --? Commissioner Carollo: I think you're right on target, Commissioner Spence -Jones. I'll go a step further. I already started working on that language somewhat. Commissioner Spence -Jones: Okay. Commissioner Carollo: You know, I pretty much saw what you're seeing, and what you asked Commissioner Sarnoff to do, I started doing it with this Charter amendment, with, you know, the help of the City Attorney. But pretty much, I was already drafting it differently. Commissioner Spence -Jones: So we nominate you to be ready for Tuesday. City ofMiami Page 118 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: I'll go a step further. I could tell you what I've written -- so far what's been written and you tell me if you agree with it. Commissioner Spence -Jones: Well, I would like to do like Mr. Chairman said. I would like to be able to digest -- I think -- I'm just -- it's not just me, but I think it'll be great for us to digest whatever those changes are. Commissioner Carollo: Can I -- can you start --? Commissioner Spence -Jones: Sure. You could definitely -- Commissioner Carollo: Right. Can you start digestion --? Commissioner Spence -Jones: Today? Commissioner Carollo: Yeah. Commissioner Spence -Jones: Sure. Commissioner Carollo: You mind ifI read it off? Commissioner Spence -Jones: Yes. Commissioner Carollo: Okay. Chair Suarez: At least put in your mouths, right? Commissioner Carollo: Shall the Miami Charter be amended to change the dates of elections for the Mayor and Commissioners to coincide with the even year cycle ofMiami-Dade County, thereby reducing the cost of standalone elections by more than $1 million per election cycle by holding the general municipal election in August and the runoff election in November, and transitioning current elected officials by extending their terms to conform with the new election cycle. Chair Suarez: Now -- Commissioner Spence -Jones: Wow. Chair Suarez: -- that looks pretty good. Commissioner Spence -Jones: Wow. Chair Suarez: Sounds pretty good. Commissioner Spence -Jones: You're doing Julie's job now. Vice Chair Sarnoff That was good, man. Commissioner Carollo: And l just -- hold on. But before I continue -- andl think this is conservative because it says more than one more -- savings of more than one million dollars. But now I want to defer to our budget director. I want to make sure that he puts on the record, yes, this is correct. Daniel Alfonso (Director, Budget): That is absolutely correct. I think on the low end, probably 1.3 million. If there's a runoff on either portion of the cycle, it could be closer to 2 million on City ofMiami Page 119 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 every cycle. Chair Suarez: And let me -- let's even clam it further because next year then we will not have an election. If the electorate decide to do this, next year we will not have an election, so we'll save that year -- that fiscal year, what? Commissioner Gort: One point three. Mr. Alfonso: Well, if -- Chair Suarez: No, no, by not having an election in a given year. You save all the money. Mr. Alfonso: Nine hundred and thirty-one thousand dollars at the very least, at the very least. Chair Suarez: How do you figure? Mr. Alfonso: I'm assuming there would have been no runoff. If there is a runoff -- Chair Suarez: No, no, no. Mr. Alfonso: -- 1.5 million. Chair Suarez: Next year there will not be -- Commissioner Spence -Jones: No, he's saying if there's no election, Johnny. Chair Suarez: -- an election. Commissioner Spence -Jones: It's got to be one point -- Mr. Alfonso: No, I know. By not having the election you're saving 900, 000 plus that you would have had to expend on an election. Chair Suarez: How can you save --? That doesn't make sense. How can you save less money not having an election than having an election? Mr. Alfonso: Okay, all right. If -- Commissioner Carollo: Because he's not counting the runoff. Mr. Alfonso: I'm not counting the runoff. Commissioner Carollo: He's not taking into consideration -- Mr. Alfonso: I'm not -- Commissioner Gort: No, no, no, no. Commissioner Carollo: -- the runoff. Mr. Alfonso: You could save a million five. Chair Suarez: Thank you. Mr. Alfonso: Okay. City ofMiami Page 120 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: That's what I wanted to hear. So -- okay. Commissioner Carollo: That's what -- Chair Suarez: So we could save potentially a million and five next year. Mr. Alfonso: Actually, the '13-'14 -- Chair Suarez: Next fiscal year. Mr. Alfonso: -- 'cause that will be -- Chair Suarez: Right, next -- Mr. Alfonso: -- November of 2013 would actually fall in the '13-'14 fiscal year. Chair Suarez: So we won't be budgeting for it in the next -- Mr. Alfonso: You would be budgeting -- Chair Suarez: -- in this -- Mr. Alfonso: That's correct. You would not be budgeting -- Chair Suarez: Okay. Mr. Alfonso: -- for it this coming year. Chair Suarez: Got it. So for the -- not the next one, but the one after, we would be -- Mr. Alfonso: Yes. Chair Suarez: -- saving one point -- up to -- Mr. Alfonso: It could be as -- right. Chair Suarez: -- one point five. Mr. Alfonso: If you would have had a runoff conceivably -- Chair Suarez: 'Cause I want to understand this too because this was one of the big issues that I had when we debated it for I don't know what number of time for -- I don't know what month it was that this thing has been on the agenda, but the -- Danny, Mr. Alonzo [sic]. So for that year, for that November, which is -- corresponds to not the next budget but the one after -- Mr. Alfonso: Right. Chair Suarez: -- it's one -- it could be up to 1.5. For the following year budget -- Commissioner Spence -Jones: Yes. Chair Suarez: -- it's also going to be a savings, if I'm not mistaken. Commissioner Spence -Jones: Yeah. City ofMiami Page 121 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mr. Alfonso: Okay. November 2013, you're not going to have an election, but you would postpone it to August of 2014 -- Chair Suarez: Correct. Mr. Alfonso: -- still falls within that '13-'14 fiscal year, but instead of 1.5 million, the worst -case scenario would be $100,000 because the runoff would then actually occur -- Commissioner Spence -Jones: That's good. Mr. Alfonso: -- on the following fiscal year, the '14-'15 fiscal year. Chair Suarez: That's what I'm trying to say. So what will it be -- what will be the savings in the following fiscal year? Mr. Alfonso: The worst case you have is a hundred thousand dollar runoff -- Chair Suarez: Right. So you're -- Mr. Alfonso: -- versus -- Chair Suarez: -- saving another million three 'cause you have it budgeted right now as if you were going to have an election. No? Mr. Alfonso: Okay, '12-'13 -- Chair Suarez: Right. Mr. Alfonso: -- there is no election. Vice Chair Sarnofff. Right. Chair Suarez: Correct. Mr. Alfonso: Because the fiscal year ends September 30, 2013. Chair Suarez: Right. Mr. Alfonso: The next election wouldn't be until November of '13 -- Chair Suarez: That's correct. Mr. Alfonso: -- which falls into the '13-'14 -- Chair Suarez: Correct. Mr. Alfonso: -- fiscal year. IfI was going to have a November election on '13 and have a runoff, we would spend close to a million five. Chair Suarez: Right. Mr. Alfonso: By not having the election in November of -- Chair Suarez: You save a million five. City ofMiami Page 122 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mr. Alfonso: Yes, you save a million -- Chair Suarez: Okay. Mr. Alfonso: -- plus. Chair Suarez: Right. Commissioner Carollo: That's why -- Chair Suarez: That makes sense. Commissioner Carollo: -- and that's why I put more than one million dollars. Chair Suarez: But don't we also save money by piggybacking on the County elections? Mr. Alfonso: Absolutely. Chair Suarez: Right. How much do we save by doing that? Mr. Alfonso: Okay. The full cost of election with the runoff is a million five. If you piggyback, the worst -case scenario is about two hundred thousand -- Chair Suarez: That's what I'm trying to say. Mr. Alfonso: -- so you're saving one million three. Chair Suarez: Exactly. So the combined -- Mr. Alfonso: Yes. Chair Suarez: Thank you. That's where I'm getting at. The combined savings of those two years is $2.6 million -- $2.5 million. Mr. Alfonso: No, because the following year you wouldn't have another citywide election. It would only be for the district. The -- okay. You're only going to have the election one time -- Chair Suarez: Correct. Mr. Alfonso: -- the mayoral election. Chair Suarez: Correct. Mr. Alfonso: The most you can spend on a mayoral election -- Chair Suarez: Right. Mr. Alfonso: -- if you have a runoff is 1.5 million. Chair Suarez: Got it. Mr. Alfonso: So the way we're doing it by piggybacking, the most you'll spend is 200. Chair Suarez: Correct. City ofMiami Page 123 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mr. Alfonso: The savings is the difference, whether it happens in one year or the next. That's just a cash flow situation. Chair Suarez: But -- well, maybe we could talk about it in the two weeks so that we don't -- like have -- belabor this. Commissioner Spence -Jones: I'm just glad we made progress. Chair Suarez: Oh, I think we -- no, look. This is -- here's my deal on this, to not belabor the point but -- Commissioner Spence -Jones: Don't belabor it. We got -- Chair Suarez: I'm not. Commissioner Spence -Jones: You don't need to say -- Chair Suarez: No, no, no, no, no. Commissioner Spence -Jones: -- you don't need to say it. Chair Suarez: I got to, I got to. Commissioner Spence -Jones: We got it. We got it. Chair Suarez: We've been -- we had this thing -- Commissioner Spence -Jones: That's going to give us --another 20 minutes. Chair Suarez: -- on the agenda -- we had this on the agenda for six months. We debated it multiple times, okay. There was a comprehensive analysis by the Clerk on this issue, you know. And I'll be honest with you. I'm still not 100 percent sold on all the aspects of it, but it goes back to what -- the argument that made on my strong mayor initiative, which is at some point -- no, at some point, it goes to the voters. We've done our responsibility. Commissioner Spence -Jones: Right. Chair Suarez: We may even not agree, you know, on every little fine point because, for example, one of the things I brought up in the last meeting was that don't know how people will digest the extra year. Commissioner Spence -Jones: Right. Chair Suarez: They're probably tired of us right now. Commissioner Spence -Jones: Frank, I hope you're hearing all this, Frank. Chair Suarez: They got to deal with us for an extra year. Commissioner Spence -Jones: Frank, get ready. Chair Suarez: So I had suggested reducing our terms by a year and the City Attorney said you couldn't do that. City ofMiami Page 124 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: Right. Chair Suarez: So you know, to me it may not be a perfect, you know -- and they rarely are a perfect solution, but it's vetted enough that I feel confident that what we're doing is responsible. Commissioner Spence -Jones: Okay. Chair Suarez: Thank you. Commissioner Spence -Jones: We got it, Mr. Chairman. Chair Suarez: Thank you. Commissioner Spence -Jones: You got it out your system? Chair Suarez: So what are we doing? Commissioner Spence -Jones: Is it out your system? Chair Suarez: Well, I mean, for this one, yeah. Commissioner Gort: My understanding is, we're going to instruct the Law Department to work with the -- Commissioner Carollo. Commissioner Carollo: Either that or -- Commissioner Gort: He already has the -- Commissioner Carollo: -- if you're okay with this language, I mean -- Commissioner Spence -Jones: Well, we would like to physically -- I mean, we could take the language as you have -- Commissioner Gort: Yes. Commissioner Spence -Jones: -- but I think it's still good for you to get with both of those entities to prepare for it to go on the agenda. Commissioner Carollo: Okay. Commissioner Spence -Jones: And then if we have to make an adjustment to it, then we will. Commissioner Carollo: So you want to defer it to next -- Commissioner Spence -Jones: I think it should be deferred to the next agenda with your recommendations that you just put on the record -- Commissioner Carollo: I don't have a problem. Commissioner Spence -Jones: -- so we have time to digest it over the next two weeks. Commissioner Carollo: I don't have a problem with that. Chair Suarez: Is there a motion? City ofMiami Page 125 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: So moved. Commissioner Carollo: Second. Chair Suarez: Moved by Commissioner Spence -Jones, second by Commissioner Carollo. All in favor, sign -- Commissioner Carollo: With the direction that Commissioner Spence -Jones made. Chair Suarez: I think we're -- Commissioner Spence -Jones: Yes. Commissioner Carollo: -- all in agreement with that. All in favor, signift by saying "aye. " The Commission (Collectively): Aye. Commissioner Spence -Jones: I just want to officially put on the record, thank you guys very much because you know this is one of the items that -- Chair Suarez: Yes, yes. Commissioner Spence -Jones: -- when we start talking about -- Chair Suarez: Yep. Commissioner Spence -Jones: -- trying to save money, I know you guys would beat me over the head about it, but I'm glad to see that we were able to come to a consensus and hopefully will save over a million dollars. Andl want to thank the Clerk's office, the CityAttorney's office for really doing what it takes to really kind of get to the bottom line of addressing the issue of saving money. It's about saving money. Chair Suarez: Got it. Commissioner Spence -Jones: Thank you, Mr. Chairman. [Later...] Mayor Tomas Regalado: And -- Chair Suarez: And -- Mayor Regalado: -- ifI may. Chair Suarez: Sure. Mayor Regalado: On RE.8, which is a City Commission directive, you know, you will be discussing the language. I think that we should be very straightforward with the voters and not to emphasize the savings that changing the election cycle will do as just one pitch to get the voters to say yes because the language here is thereby extending the current terms of the mayors [sic] and commissioners to conform to the new election cycle. Translate that to English and Spanish and you have to say very clearly the mayor and all the sitting commissioners will be given an additional year in case of this election. Actually, the Chairman had a good idea. Instead of giving the elected official a year, take a year from the next term and serve -- City ofMiami Page 126 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: I'm okay with that. Mayor Regalado: -- three-year terms -- Chair Suarez: I'm okay with that. Mayor Regalado: -- you know. Chair Suarez: Of course. Mayor Regalado: And then you do an election -- Chair Suarez: It's not a recall. It's just you're accepting a term. Mayor Regalado: -- you know, then you do an election on '13 and you serve until '16. Then you do an election on '14 and you serve -- you know. Chair Suarez: Yeah, absolutely. Mayor Regalado: Instead of '15, you do an election -- so -- Chair Suarez: You can structure it -- Commissioner Spence -Jones: But Mr. Mayor, I think -- and I don't know if you were in the room when the Chairman mentioned that. He did mention that as well. Andl believe he deferred to the City Attorney on the issue and the City Attorney said that that was something that -- Julie O. Bru (City Attorney): Right. But I think the Mayor is suggesting a different twist. He's suggesting -- Mayor Regalado: I'm suggesting -- Ms. Bru: Yeah. Mayor Regalado: -- not changing the dates of the election. And the next election cycle, whoever gets elected on '13, only get three years and not four years. Chair Suarez: Right, right. Mayor Regalado: And the person that gets elected on '14 instead of '15 only gets three years, and then you get onto the cycle. By the way -- Chair Suarez: I'm totally in favor of that. Commissioner Gort: Wait a minute, wait a minute. Commissioner Spence -Jones: I got to go. Mayor Regalado: -- ifI may. Commissioner Gort: Mr. Mayor, Mr. Mayor, wait a minute. Mayor Regalado: No, no. IfI may, because I have to say this. I have to say this because recognition has to be made. I was here when the districts were approved, and there was a need for one Commission seat to give up a year. He gave a year. City ofMiami Page 127 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 RE.9 12-00763 Commissioner Gort: Two years. Mayor Regalado: He gave -- Chair Suarez: I'll give a year. Mayor Regalado: -- his term -- Chair Suarez: I'll give a year. Mayor Regalado: -- in order to create a Commission by district and set the elections so an African American could be -- Commissioner Gort: Four-year term. Mayor Regalado: -- elected. So this is nothing new. So I'm just saying, if the thing is about saving money, let's start saving money. Let's do the election as -- in '13 and in '14 instead of '14 and '16 and everybody that gets elected knows that, hey, you're elected for three years, man, not four years. Chair Suarez: Yeah. It's not an illegal recall. It's not that we're in the middle of a -- which is what the City Attorney's rationale was, that if you're in the middle of a term, you can't condense the term. That makes absolutely all the sense in the world. After I thought -- after the meeting, I thought about it more and that's my whole point. My point is these are charter amendments. You have to think them through. I'm beating a dead horse. Mayor Regalado: So you know, because it really looks bad, you know. But anyway -- Chair Suarez: You know -- Mayor Regalado: -- and last thing, guys. I really thank you. Commissioner Gort: Let me tell you. Before you go on, I have a little problem with that. The reason being, I've been elected 10 years. I had six races, okay, six races. I just had -- I just went through three elections in a year and a half, so I have a problem with that one. Mayor Regalado: That -- but -- yeah. And you know, if this happens, you can get on the Guinness Book of Record [sic], you know, but -- RESOLUTION District3- A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Commissioner Frank ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE Carollo CITY OF MIAMI, FLORIDA, AS AMENDED, FOR CONSIDERATION AT AN ELECTION TO BE HELD ON NOVEMBER 6, 2012, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO AMEND SECTION 29-B OF THE CHARTER TO REMOVE THE EXEMPTION FROM THE REQUIREMENTS OF COMPETITIVE BIDDING, FAIR MARKET RETURN AND REFERENDUM WHEN CONVEYING PROPERTY TO IMPLEMENT PROJECTS OF ANY GOVERNMENTAL AGENCY OR INSTRUMENTALITY. 12-00763 Legislation.pdf City ofMiami Page 128 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0255 Chair Suarez directed the Administration to provide to the City Commission an analysis of every instance that the City has conveyed or leased property to governmental agencies since their inception. Chair Suarez: RE.9. Commissioner Carollo: RE.9. I guess that's my item. Chair Suarez: You got two bulletproof vests on? Commissioner Spence -Jones: How many do you have, Commissioner Carollo? How many items do you have? Chair Suarez: He's got six. Well, two -- Commissioner Carollo: It's really three. Chair Suarez: It's three. Commissioner Carollo: But -- Commissioner Spence -Jones: Okay. Commissioner Carollo: -- it's put in six, and we can explain. Andl think it was explained at length in last Commission meeting, but we could explain. Chair Suarez: What was explained at length at last Commission meeting? Commissioner Spence -Jones: This wasn't -- huh? Commissioner Carollo: I'd like to begin by saying that I bring this to my colleagues in good faith. I -- you know, many times -- time and time again, we hear about issues that are happening and how the City desperately needs money or has gotten into bad deals and so forth, but you know, I think it's -- you know, we, as a body, need to bring solutions forward also. Andl am bringing some of these solutions forward to my colleagues so we could discuss, debate and hopefully take action. I also -- listening to the Chairman and now is where you're going to see real reality TV (Television) because the truth of the matter is, you know, I'm going to be quite candid on some of these issues because we don't violate the sunshine. You know, I have had no discussions with Commissioner Suarez on these. Apparently, he feels quite strong about some of these issues. And what am hoping is that -- and again, I'm going to be quite candid. This isn't sort of like a tid [sic] for tad [sic]. In other words, listen, I spent a whole bunch of time in my issue. The Commission didn't approve it and so forth, and therefore, you know, it's -- I don't really want to approve any of these. So I'm really hoping it's not. I don't think it is, but you know, I'm just being real candid about that, you know. And obviously, I would prefer not to have a conversation like this out in the open. I would have preferred for it to be, you know, between you and and say, hey, listen, you know -- but again, we don't -- Chair Suarez: So would Commissioner Carollo: -- violate sunshine so I'm bringing this to everyone's attention. At the City ofMiami Page 129 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 same time, I really believe in teamwork and, you know, many times things occur and as a team member, it's better just to let it go and continue because it's best for the team. It was mentioned as far as consistency and, you know, realistically, there's been a lot of times that we act or we have a practice of doing things a certain way, but yet -- and Commissioner Spence -Jones, you could definitely relate to this -- there is not fairness across the board with regards to -- andl think you mentioned and the words escape me now, double treatment or -- Commissioner Spence -Jones: Double standards. Commissioner Carollo: Double standards. And I'll give you -- and one of the meetings -- and as a matter offact, it's not like I don't know how to argue andl don't know how to debate. I said this is going to hurt my point of the argument; however, I need to set the record clear. Even though it is usually known that the common practice is every time a Commissioner asks for a deferral they receive a deferral, I felt the need to say -- set the record straight and say, hey, I've been the victim not just once, a few times. I'll go a step further. I'll go a step further. How often do you hear me bringing up a pocket item? Hardly ever, huh? Okay. Let me tell you what happened to me -- and this is probably over a year ago. I brought a pocket item to this Commission. I was turned down. As a matter offact, I didn't make a big deal about it andl said, listen, Commissioners bring pocket items up here all the time. Andl was told, Commissioner, two wrongs don't make a right. I said, okay, I'll bring it in the next Commission meeting. And realistically, how often do you see me bringing a pocket item? Commissioner Spence -Jones: I apologize for the chickens. I just couldn't take the chickens anymore. It's too many chickens. I apologize for the chicken. Chair Suarez: And you can't sleep, for God sake. Commissioner Carollo: And I'm saying this because, you know, now I'm hearing that, oh, there should have been more discussion. It should have been brought up before. And let me tell you something, you're right. Sometimes things should come up, you know, before. Hey, this language that I just gave that everyone thought it was pretty good just happened in a couple of days. It wasn't like it was six months ago and we spent hours, you know. So when you do something right from the start, it's right, you know. I mean -- and what I'm saying with this is that don't want to, once again, be penalized because we didn't have more time or it should have been brought six weeks before or six months before because, if you go on the record, this is not the first time that an item has been brought up and at the same meeting ask the City Attorney to -- what's it called, Madam City Attorney? I'm sorry to -- Julie O. Bru (City Attorney): Well, the process involves a resolution directing the City Attorney to prepare the amendment, and then a resolution calling for the election on the amendment. Commissioner Carollo: So one is directing and then the other one is? Ms. Bru: Calling the election. Commissioner Carollo: Calling for the election. This is not the first time that it has occurred. It has occurred many, many times before. As a matter offact, it has occurred with this Commission -- you weren't here Commissioner Spence -Jones -- and we all approved it, and it in 2010. And it was in a special meeting, andl can tell you this. Not only did we forget five-day rules and all this, it was on a pocket item. Chair Suarez: Charter amendment? Commissioner Carollo: Yes. City ofMiami Page 130 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: Charter amendment? Commissioner Carollo: Yes, directing the City Attorney to draft a charter amendment. Yes, on a pocket item. Chair Suarez: Directing her to draft it? Commissioner Spence -Jones: Did it go to vote? Chair Suarez: Or voting on a charter amendment? Commissioner Carollo: Directing her to draft and vote on the same meeting. Chair Suarez: I don't remember that. Commissioner Carollo: Okay. So I just want to be clear because the truth of the matter is, yes, the norm is for me to be quiet about it, even though I pick up things pretty quick. The norm is for me to be quiet about it, but again, I just don't, once again, want to be penalized where the common practice is one, and then all of a sudden when it comes to this Commissioner it changes. So as far as consistent, I would like to be consistent 'cause this Commission in the past, including myself have voted not only on an item with a five-day rule in a regular agenda, but it occurred as a pocket item in a special election so -- Commissioner Spence -Jones: Commissioner Carollo. Commissioner Spence -Jones: Commissioner Carollo, can we at least --? 'Cause I was -- I'm a little confused on RE.9, so I think what would be -- I know that you're basically setting the stage so we understand and that there's no -- Commissioner Carollo: Exact -- Commissioner Spence -Jones: -- pre, you know, judgment or thoughts to go into this before we make a decision, so I understand. Andl think everybody else understands where you're going with it. But can we just be very clear on RE.9 so -- maybe everybody else is clear. Can you at least explain to us the intention -- or maybe it's the City Attorney can fully explain to us the intention of RE.9 so that we know exactly what the ask is. Commissioner Carollo: Okay. And if you will, let me explain it. Commissioner Spence -Jones: Okay. Commissioner Carollo: This is a resolution that placed in the agenda according to what was discussed in the last Commission meeting. And by the way, I brought in less than 50 items. I brought in less than 20 items. Chair Suarez: That was a joke, man. That was the last thing that we talked about in the Commission meeting. I have the transcript right here. Commissioner Carollo: So that this Commission can consider whether it wants to direct the City Attorney to prepare a charter amendment that would remove the exemption in the City ofMiami Charter that allows the City to convey or lease any City -owned property without complying with the requirements of competitive bidding, fair return, and/or referendum. In essence, the Charter has language that brings protections to the City when it deals with properties. However, there are loopholes. And what I'm asking is let's remove the loophole so that the City can follow its Charter. It's as simple as that. I am here willing, able to debate as much or as little. The truth City ofMiami Page 131 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 of the matter is, I bring this in good faith. I welcome the debate. You know I have always welcomed the debate. I don't take it personal. If there's questions, please, by all means. If there are concerns, by all means, bring them forward and we can discuss it, like we've done every other item, you know. And we work as a team here, we work as a colleague. You know what, maybe there are suggestions that will make this even better, you know. And then, ultimately, if this Commission decides to bring it to the voters, our bosses, the residents, the voters, will have the ultimate decision. Commissioner Spence -Jones: Frank, let me just say -- I mean, to me it seems what you're asking for does not seem like a difficult ask. I think this might be a little bit more palatable than probably some of the others. I'm just going to keep it real. I think that the issue -- it seems as though you're cleaning up something that has been a problem. Commissioner Carollo: Loophole. Commissioner Spence -Jones: Right. Andl guess what would -- my only question would be really of the City Attorney because, you know, we lean on you to give us direction as well. In your opinion, do you think that this is something that's absolutely necessary or important to do? Ms. Bru: Commissioner, I can share with you my experience over the last 25 years in the City. We know that it is oftentimes very cumbersome to convey property, to lease property. I mean, we just saw the example that we went through with the Grove waterfront now. There are restrictions in our Charter that are self-imposed because -- but for the Charter and these restrictions, the City really wouldn't have to abide by any rules. But they are in the Charter and they're scattered throughout the Charter. I think that what the Commissioner wants to deal with here is one specific issue that is found in two sections of the Charter that allows the City to waive or -- it's not waive. It just allows the City to convey or lease properties without going through the process when it is to implement the project of a governmental agency or instrumentality. Now you asked me for my opinion. Really, this is a policy decision. Commissioner Spence -Jones: I know. Ms. Bru: I think it's inappropriate for me to give an opinion. Commissioner Spence -Jones: But -- Ms. Bru: It's a policy -- I think the opinion that you should seek more than anything is the opinion of the Administration 'cause they're the ones that are tasked with managing your assets and they're the ones that can tell you how best the Charter could assist them in managing your assets. But what the Commissioner's trying to do more than anything is a policy decision where he seeks to try to eliminate what he perceives as a loophole that has allowed perhaps the City to perhaps abuse a little the intent of this exemption. Chair Suarez: Let me -- let -- do -- are you --? Commissioner Carollo: Thereby -- Commissioner Spence -Jones: Can you give me one example so I'm just clear what that example --? Just like he gave -- like Commissioner Sarnoff gave an example of an issue that he ran into and that's why he felt this charter issue had to happen, and just so the public understands one particular example of that. Or you'd rather -- I mean, I think it's important for us to understand. Commissioner Carollo: The -- I think there's many examples actually. Commissioner Spence -Jones: Well, just give me one, not many. Just one. City ofMiami Page 132 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: Okay, I'll give you one. Andl don't want to bring this all into the loop, but I guess I will. And one that I'm going to choose is Marlins stadium. We should have gotten fair market value for the land in the Orange Bowl. With this, we would have gotten fair market value, like we did when the Miami -- with the American Airlines Arena. The American Airlines Arena, we sold the land, but we received fair market value. We received -- Commissioner Spence -Jones: I got you. Commissioner Carollo: -- $39 million. Commissioner Spence -Jones: I got you. Commissioner Carollo: So we would, in essence, have received fair market value. Commissioner Spence -Jones: So this definitely will have a big fiscal impact on -- Commissioner Carollo: You already see right there -- the American Airlines Arena was built many years before the stadium and we received $39 million for that land. Commissioner Spence -Jones: Okay. Chair Suarez: May I? Thank you. Look, first of all, the Commissioner is right. We can't talk about these issues nor do we talk about these issues prior to these meetings. We are very -- both very conscious of what our duties and responsibilities are with reference to the sunshine law. I have absolutely no doubt, particularly on this one, that he's acting in good -- actually, I have no doubt on any of them that he's acting in good faith. There's really no doubt in my mind. That's not the issue for me. The issuer for me has to do with, for example, this same item, which he cited as the example for the Marlins stadium, I think. I think we invoked it for the Marlins garage retail, if I'm not mistaken. And so what we did was since we were conveying it to the MPA (Miami Parking Authority) -- we're releasing it to the MPA to expedite the fact that we wanted to get those leases activated. We wanted to get those commercial spaces activated. You know, we leased it to the MPA. We even entrusted the Commissioner with charging through that whole entire process and selecting the -- Commissioner Gort: Operators. Chair Suarez: Yeah -- no, no, the realty company that would get the tenants and we did that on an emergency basis, on an expedited basis because we wanted to have those commercial spaces filled before opening day. Unfortunately, we weren't successful, but that was something that we did with this charter -- with this provision. And so I think there are many examples where this has been abused. I agree with him. And think we've talked about some of them. We've talked about -- and I'll say another one, MSEA (Miami Sports and Exhibition Authority). We've talked about MSEA and we've said -- Commissioner Carollo: Absolutely. Chair Suarez: -- you know, that -- you know -- and we've talked about the role ofMSEA and we've talked about, you know, how the City has used MSEA in different -- My thing is this -- and it goes back to more the process than the substance. That's what -- andl want you to be -- to understand that. My thing is, this was an item that was -- and you're right. You are the Commissioner that asked for generally more time and asked for time to consider ordinances and resolutions and there have been times when you haven't gotten it. And there have been times when you haven't gotten it andl voted to deprive you of that, in effect, okay. Andl acknowledged that today in a separate item because I'm starting to come more towards your City ofMiami Page 133 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 view of things in terms of you know, realizing that, you know, you have to make sure that you do things with its due consideration and not have artificial deadlines. You know, but the problem that have here with this is -- well, they're several, but one is the five-day rule usually means we get agenda items on the Wednesday before the Commission meeting. Last Wednesday was the Fourth of July, so we got our agenda books on Thursday. So we didn't even have five days to consider -- Commissioner Carollo: No, no, no. Chair Suarez: Wasn't it the Fourth of July, last Wednesday? Commissioner Carollo: It was Wednesday, but we received it earlier. Chair Suarez: We received it on Tuesday? Commissioner Carollo: We received it on Tuesday, absolutely. Chair Suarez: Maybe because I was out on Tuesday. I had a little minor procedure -- Commissioner Carollo: Yeah, absolutely. Chair Suarez: -- on Tuesday. Commissioner Carollo: We received it on Tuesday. Chair Suarez: Okay, we received it on Tuesday. The point is that whether we received it on Tuesday or Thursday, to me, five, seven days is not enough time to consider the ramifications of a charter amendment. Andl just cited one example where we used it. You were involved. It was in your district. And you know, it was something thatl think was the right move. You know, we did it for the right reason, to get that property activated because it was important for us as a city to put our best foot forward when the Marlins stadium opened. Now that we had already done the deal, now that the money had been spent, you know, it was on us as leaders of the City of Miami to make sure that the Marlins stadium was a success. And that's an ongoing obligation that we have regardless of how we feel about the team, regardless of how we feel about anything. So, you know, my thing is it's not that you're not acting in good faith. I definitely think you're acting in good faith. It's just that there have been times where this has been used legitimately andl think there have been times where it's not been used legitimately. Andl think what we need to do is, you know, have an analysis, take the time, as I did, before proffering my amendment, okay, which by the way, was never voted down. I didn't make you guys vote on it because I didn't think there was a consensus, so I didn't even put you guys in that position because I didn't want to embarrass myself andl didn't want to embarrass you guys. I didn't want to create an unnecessary tension between us who have been an incredibly collegial body. You know, and I'm very conscious of the fact that you said earlier today that we really should defer to a Commissioner who wants to -- andl voted, by the way, in favor ofyour five-day rule amendment which made it any Commissioner could have invoked the five-day rule, versus four fifths Commissioners or a majority of the Commissioners or whatever, you know, because I felt that it was important to back you up on that issue, you know. Andl think you've invoked it only once and you know what, I think you were right when you invoked it, you know. So look, it's not about the substance of it. It's not about your ideas. It's not something that for me is going to be reconciled in seven days or seven days before. It's simply we need to know every single property and every single time that this Charter amendment has been used because, like I said, it's not an ordinance. It's not a resolution. It's brought to us almost as an emergency ordinance, a first and a second reading on the same, you know, agenda. And let me just shed some light on that. When I was working on the strong mayor initiative -- and to the City Attorney's credit -- her andl have had a discussion about this and she apologized. There was a moment at which I said, you know, City ofMiami Page 134 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Madam Attorney, I'm not fully completed with this. I need to turn it over to you, you know. And she said, you know, Commissioner, I can't do that without your direction. I can't work on it. I can't draft it, you know, without the direction of the Commission. Andl said, you know what, if that's the way it's got to be, that's the way it's got to be. So you know, in that case, you know, there was no direction before even starting to work on the Charter amendment. And so, you know, that's another issue that kind of bothered me. It's not a tit for tat thing and it's not about, you know -- we -- I think we all strive to be consistent. And you know, and I'm -- you know, I'm very conscious of the fact that there are times when you've -- and that's why this kind of like surprised me, to be frank with you, because -- no pun intended -- you're someone that is always carefully considering things. You take the extra time. You always urge us to take the extra time. And when I saw it come like this, I was like, wow, this is not even consistent with his philosophy, the way that he's always been. And you know, in addition to the fact that I had substantive questions on all of them, that --you know, that have -- that required much more deep analysis, and the fact that there are unintended consequences to legislating and when you put something on the ballot, you got to do it responsibly. And you know, I'll probably be trumpeting the same thing for the other ones, but that's all have to say about that, like Forrest Gump says. Commissioner Spence -Jones: What? Commissioner Gort: You know, we've talked about MSEA and so on, and my understanding is, a lot of this organization was created in order to bring certain performance in the City ofMiami. When you look at the MSEA and the way it was put together, it was to improve the convention and the sports facility when we didn't have any; University ofMiami maybe and the Dolphin. MSEA was in charge of brining the Miami Heat. And thanks to the work that was done by MSEA, we brought the Miami Heat and my understanding is we decided to do it in the site of Overtown because we thought that Overtown -- and this is the -- that fall behind -- that Overtown would get an improvement by having the basketball there. We've seen what the AA [sic] has done -- the AA (American Airlines) Arena has done over there. At the same time, if you recall at one time when they wanted to build a stadium, the original owner wanted to build the stadium right on the Bicentennial Park. That's where they wanted to build it. That's where they were pushing. The people talked. We had meetings. We had all kinds of public hearings. Everybody says, we would like to see that museum take place in there and that was voted by the Commissioners here at that time. The museum was created there. And then we took to the voters -- andl think it's the responsibility of us as elected officials to make the right decisions to make sure that we get the best deal for the City ofMiami. That's why we get elected. We had two deals we took to the public, they voted on it, but unfortunately, because it was badly structured, they didn't work and the voters voted on it. The thingl want you to look at -- andl don't have any problem going either way -- is every time we want to do something, we have to take it to the voters. Commissioner Carollo: Not necessarily so. Commissioner Gort: That's what I read here. Commissioner Carollo: No, no, not necessarily so. Commissioner Gort: Okay, so somebody explain that to me. Commissioner Carollo: No. Commissioner Spence -Jones: Can -- I just -- Commissioner Carollo: And can I just --? Commissioner Spence -Jones: You can clear that up, but I do want to just add on to something he City ofMiami Page 135 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 just said. Commissioner Carollo: Sure. Commissioner Spence -Jones: So you want to -- Commissioner Carollo: Sure. Commissioner Spence -Jones: -- clear that up and then I --? Commissioner Carollo: Yeah. Commissioner Spence -Jones: Okay. Commissioner Carollo: As far as -- and you know, I could discuss, you know, both of the Commissioners andl don't know if you want me to address both of them or just Commissioner Gort's issue. Commissioner Spence -Jones: No, no, just that one little item. Commissioner Carollo: Just that one little item. No, Commissioner Gort. If you look at our Charter, all I'm asking is let's follow the Charter. Let's keep the -- let's get the loophole out and let's follow our Charter. The Charter doesn't say that we have to go to the voters every time -- Commissioner Spence -Jones: Yeah. Commissioner Carollo: -- you know. If we have fair market value, if we have either two appraisals for certain properties or if we have three proposals and it's different proposals from appraisals, realistically, you do not have to go to the voters. But what the Charter does is that there are certain protections for the City to be able to obtain fair market value. And no, you do not have to go to the voters every time. You go to the voters when it -- when you don't follow the other rules. Commissioner Gort: Okay. One example, the museum. One of the reasons I think people voted for the museum because they thought it was a benefit for the city to have a museum in there. And that -- it be very difficult as we can see when they coming in front of us, they can hardly maintain it right now. So can you imagine if we ask one of those museum, non for profit, to go to the market value? We're going to be able to do away with those people then. You know, that's the things we got to look at and how many -- Commissioner Spence -Jones: My only comment on it is -- andl understand what, you know, the Chairman's viewpoint and how passionate he feels about the issue andl think that part of that passion is centered around having enough time to do our due diligence on making a decision that, you know, impacts, you know, for a very long time. But when I looked at this particular item, it just seems as though -- I'm just saying to you, Mr. Chairman -- that we're only striking one particular item out of it -- Chair Suarez: Line, right. Commissioner Spence -Jones: -- okay, so -- right. Chair Suarez: Actually -- right. Commissioner Spence -Jones: So and -- I -- and it's just my recommendation or thought or just us having a discussion. I know since coming back -- I know that there have been a couple of City ofMiami Page 136 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 incidents that have taken place where governmental agencies that we have that are part of the City -- City's makeup, MSEA just being one of them, has been used to curtail the situation. And quite frankly, I think that from a public perception standpoint, it appeared to also be very murky, you know. And so I understand why Commissioner Carollo -- Chair Suarez: I do too. Commissioner Spence -Jones: -- is -- Chair Suarez: I understand what you're saying. Commissioner Spence -Jones: If it was like major changes, like what Commissioner Sarnoff had with a lot of those -- trying to understand the submerged land and dah, dah, dah, dah, all those things, I could understand how we really, really need to be very clear on those, but -- I'm just putting it out there. I really see no real harm in what he's bringing now from the standpoint of -- with the exception that in the next two weeks he brings back -- or the Administration provides us an analysis -- 'cause I would like to see that -- of how these existing governmental agencies, whether or not it be MSEA -- I don't know how many -- How many do we have outside of MSEA? 'Cause I thinkMSEA's the only -- Chair Suarez: MSEA, MPA -- Commissioner Spence -Jones: Yeah, M -- MSEA. Chair Suarez: -- DDA (Downtown Development Authority). Commissioner Spence -Jones: -- and DDA. Commissioner Gort: DDA and -- yeah. Commissioner Spence -Jones: Is the CRA (Community Redevelopment Agency) one too? Chair Suarez: Yeah. Commissioner Spence -Jones: No. Commissioner Carollo: No. Commissioner Spence -Jones: Huh? Unidentified Speaker: The CRA (UNINTELLIGIBLE). Commissioner Spence -Jones: Okay, all right. So I would like to see how -- just -- so I think we can handle both concerns 'cause they're not big things, that the Administration provide for the Chairman a breakdown of over the last five years -- I'm just using five years -- or three years. I'm fine with three years -- of how the governmental agencies -- the existing governmental agencies that we do have, how they've been utilized and how the Charter's been utilized to get around that, only because I think we should know it before we make that change. Chair Suarez: Of course, at the very minimum. Commissioner Spence -Jones: And not only that, we should be able to look at those instances, Mr. Chairman, and see if they have also created this murkiness or -- you know, 'cause it might have been just those one, two things that made us feel uncomfortable. But maybe the other ones are not so bad after all and it turned out to be to our advantage to use it. City ofMiami Page 137 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: Right. Commissioner Spence -Jones: But I think to just -- you know, to not allow for it to come back to the next City Commission meeting -- because it's only one thing that he's striking out of it, right. It's not a major change. But the change could create, you know, an issue. Andl think the only way we're going to be able to know that is if the Administration tells us how it's been used over the last three to five years. And if we look at it -- I mean, then we make the decision, hey, you know what, it's been used but it's been -- it has not been properly used -- Chair Suarez: Right. Commissioner Spence -Jones: -- so it is a problem for us, then we address it from that standpoint. But this is not a major -- it's not really a major -- Chair Suarez: Can I respond to that? 'Cause I -- Commissioner Spence -Jones: On one condition. Chair Suarez: That I keep it within five minutes? Commissioner Spence -Jones: No, that you don't talk about your charter item that -- Chair Suarez: No. I promise you, I will not talk about my charter item. Commissioner Spence -Jones: 'Cause you know you mention it every single time you got the mike, right? Chair Suarez: Well, there's precedential value in that. Commissioner Spence -Jones: I know. Chair Suarez: There's precedential value. No, here's the deal that I have with that. Even though you're striking only a subpart, (c), okay, in the case of the Vice Chair's chart -- you know, now you have adopted it, I guess -- the Vice Chair's submerged land, we're just adding a paragraph on that one. So it's not about whether you're striking a subsection or whether you're adding a paragraph. The striking of the subsection has dire, dire consequences for the City ofMiami in terms of how we've done business and how we can do business in the future. And it's not something that we can change easily, you know. It's something that would take months, if not years, to change if we find out that we made a mistake. Commissioner Spence -Jones: Right. Chair Suarez: And so it's the lawyer in me that says if you're going to change your foundational document -- I don't even know when the last time the US (United States) Constitution was amended, but it was probably like in the 1970s. If you're going to change your foundational document, you have to do it with the utmost care. I -- me, personally, in terms of due diligence as a lawyer, it wouldn't be three to five years. It would be the last 50 years. What has been -- how has this been invoked in the last 50 years. Andl could tell you, that due diligence can't be done in seven days. Commissioner Spence -Jones: Well, I don't know ifMSEA's been around for 50 years or DDA. Chair Suarez: No, no, no. The City's been around for I think -- City ofMiami Page 138 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: No, I'm talking about the governmental agency. Commissioner Gort: The agency (UNINTELLIGIBLE) created. Chair Suarez: No, I know, but the City's been around for 120 years. Commissioner Spence -Jones: I'm not talking -- Chair Suarez: I know. Commissioner Spence -Jones: I'm talking about the agencies, the governmental agencies. MSEA has not been around for 50 years. Chair Suarez: Oh, I don't know what governmental agencies have existed. Commissioner Spence -Jones: No. Chair Suarez: I don't know which ones have. I don't even know that answer. Commissioner Gort: I think it was in late '80s. Commissioner Spence -Jones: Right. Commissioner -- what I'm saying is, we still have the option of it coming back on July 26 with your analysis attached to it. I mean -- Chair Suarez: I'll try. I mean, I -- Commissioner Spence -Jones: -- we talked about how -- Chair Suarez: I'll keep an open mind. I always do, you know. Commissioner Spence -Jones: Right. Chair Suarez: It's not that I don't keep an open mind, but -- Commissioner Spence -Jones: So, Commissioner Suarez -- or Chairman Suarez, I mean, would you be open to at least Administration bringing information -- Chair Suarez: I'm always -- Commissioner Spence -Jones: -- back for us to discuss further? That's all. Chair Suarez: Particularly for my colleagues, I always keep an open mind. Commissioner Spence -Jones: Thank you. Chair Suarez: Always, for any one of them. Commissioner Carollo: And by the way -- Commissioner Gort: That's a good suggestion. Commissioner Carollo: -- let me chime in real quick. Commissioner Spence -Jones and -- well, all my colleagues, remember in the last Commission meeting we discussed about bringing any Charter items forward and we were told that this Commission meeting would be the last Commission meeting that we could put anything forward. So now we have the extra time, the City ofMiami Page 139 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 extra two weeks so, you know, in all fairness, I don't have a problem. I don't have a problem with taking the extra two weeks, you know, and provide whatever we can or so forth. And by the way, let me be perfectly clear. This isn't about me, okay, so -- Commissioner Spence -Jones: No. This is about the City. It's about the City. Commissioner Carollo: Right. So even if this is voted down, believe me, I don't take it personally. This isn't about me, you know. This is about bringing solutions to problems that have here -- I have heard year after year, month after month, you know, criticism and this and bad deals and don't know how many activists coming before us and saying, hey, this loophole is being used. Commissioner Spence -Jones: Yeah. Commissioner Carollo: So, I mean, in all fairness -- and that's why I said, I work out of good faith, you know. I don't have a problem -- you know, we work as a team here -- coming back in two weeks. You know, I followed what was said, how we could do it, in the last Commission meeting because at the same time, we were told this was the last Commission meeting before it could go to the ballot. Chair Suarez: Yeah. Commissioner Carollo: Do we have the extra two weeks? Chair Suarez: Andl agree. Andl think that, you know, we were very fortunate because this would have had to have been voted on and decided today for it to have even gone on it. And you know, just because it's the last Commission meeting doesn't mean you have to proffer Charter amendments, you know, in the last Commission meeting. And that's the frustration I think l feel. And had the Manager on another totally unrelated issue not negotiated with the County attorney's office to get an extension on the date, this would have been the last meeting. So we would have been deciding these one way or the other on the last meeting. And again, you know, it's not about me either. It's just -- and it's maybe the lawyer in me, you know. I do get excited about or -- you know, just like you in your profession, I'm sure, get really excited about what you do. I like what I do. And I do take the time to really understand what I'm doing and that's why I take the time to -- when I draft something, when I get involved in something, I talk to several professionals. I don't just do it myself. You know, I have several different legal professionals that look over things, that pick your brain, that, you know, give the devil's advocate position because what happens is once you amend the Charter, it's amended for good. And to unwind it, it is not a resolution. It is not an ordinance. You can't just bring it back and say, oh, let's just unwind it, you know. If you think it's bad, what's been happening under this provision, it could be bad what happens without the provision and that's what I'm trying to say. We haven't really done that analysis. Commissioner Gort: Mr. Chairman, I think the suggestion by Commissioner is a good one. I think a lot of times there's perception out there that has to be clamed. Andl believe this debate is good. I mean, the public is listening to this. Chair Suarez: Absolutely. Commissioner Gort: People are here listening to this. Not three years. I would like to see five years, how those -- Chair Suarez: I want to see 50. Commissioner Gort: -- agencies were used, why they were used and what was produced. City ofMiami Page 140 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: I would like 25 at least. Commissioner Gort: Okay, if there is a perception out there, we want to clarify it. Commissioner Spence -Jones: The Chairman is asking for ten years. Chair Suarez: Twenty five. Commissioner Spence -Jones: Twenty -- you said twenty-five? Commissioner Gort: They were not in existence 25 -- Chair Suarez: Twenty then. Commissioner Gort: All right. Chair Suarez: Okay, 20 years. Commissioner Gort: Twenty years. Vice Chair Sarnoff Mr. Chair. Chair Suarez: Thank you. Yes, Vice Chair. Vice Chair Sarnoff You know, the more I sit up here and the more I, I guess, be an elected official, the more I see that there's really no substitution for good judgment. And you could legislate whatever you want, you could referendize whatever you want. If you don't elect people with goodjudgment -- you know, you could try to handcuff them. You can try to impede their ability to make decisions. You can require referendums and that suggests that the elected body would -- you know, the electorate, I should say, would make a better decision than a Commissioner who could be informed. And you know, there's a lot of democracy involved and there's a lot of information involved. But the one thing I've learned sitting up here is there's no substitute for good discretion. There's no substitute for any of those things. And as we move forward, and as Commissioner Spence -Jones said many times today, you know, the federal government's going to have less and less money, not more and more money. I would suspect the state government will probably stay pretty neutral to negative, and we, interestingly enough, are beginning to improve, but it's never going to be the old days. So we're going to have to be looking for new ways, new partnerships, new ways of doing things and that's going to involve public private partnerships, PPPs. And only a good elected official with good judgment can determine whether that is in the public interest. Now in terms of trust, I absolutely trusted Commissioner Carollo when we passed the Marlins ballpark facility interlocal agreement. At Section 5.4.9, I had never given this to another Commissioner before, but you actually had discretion without coming back to this Commission to make alterations to the Marlins stadium and it's because I trusted you. I trusted you to do that. Andl remember looking at this going, district Commissioner? I've never seen that done before, butt do trust you. Andl -- the unintended conse -- and let me say one thing because when you read this, you put the word -- this is what you read. You said from requirements of competitive bidding, fair market value -- fair market return and/or referendum. But there is no "or" in what's in front of us. And if you read it that way, it requires a referendum because there is no "or" there. And I've tried to listen carefully. And that would mean that everything would then go by referendum. And I just don't know -- I can give you an example, one that I couldn't tell you how I'll vote on. For instance, Marine Stadium. You know, do I want to see Marine Stadium renovated? Yes. At what cost? I don't know yet. But I think if we pass this, the ability to convey a piece of property to them for a profit center to throw off revenue to that particular facility will be precluded. And I'm not sure City ofMiami Page 141 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 I'm ready to do that. I'm not sure I'm ready to give it to them by any stretch of the imagination, but that's my judgment, you know. The Mayor has had two or three mayoral -- where he addresses the City, and he has made Marine Stadium -- at least in two, maybe three of them -- he's made it one of the pinnacle pieces of what he wants to do. You know, I share his vision in restoring Marine Stadium. I just don't know at what cost just yet. And thank you for putting me on that board, Commissioner Spence -Jones. It's been a blast, but we're working through the process. But if we pass this, one of the consequences of it is you will not be able to throw a revenue component off to Marine Stadium. And that will take discretion away from this Commission, and it will take discretion from everybody away up here. And it may be your intent, it may not be your intent, but when I look over the horizon, I don't see a volume of dollars with this Commission's ability to make truly impactful changes to the City ofMiami. And if you don't have that volume of dollars, you have to look at your other assets that you have and you have to leverage those assets. And part of leveraging those assets is to make good decisions in terms of what those assets are and not tying your hands necessarily with requiring a referendum. You know, I understand, some people's position is if it's a good referendum, the people will always vote for it. But there's a cost associated with it, a time factor associated with it, and l just don't know on very small projects and some mid -sized projects that they would even survive, you know, to go to a referendum and have the ability to go to a referendum. So there have been mistakes made, Commissioner Carollo, no doubt about it. Chair Suarez: I agree with that too. Vice Chair Sarnoff And -- but I -- you know where I fault the mistakes? I fault the mistakes from the lack of due diligence by the Commission. I fault the mistakes from the lack of -- Chair Suarez: And why are we going to compound that -- Vice Chair Sarnoff -- not this one. Chair Suarez: -- by having a lack of due diligence on Charter amendments? Vice Chair Sarnoff Or a lack of due diligence on a previous Administration and not analyzing a deal properly. Andl don't think there's substitute for good decision making. And tying somebody's hands -- I mean, state of California -- I'll give you an example. Ninety-one percent of California's government budget -- so the state of California's budget -- is mandated. That means they have 9 percent discretionary calls, 9 percent. In case you're wondering how are the feds doing, 81 percent of the federal government is mandated. So they have what, 19 percent discretion? So the more we tie our hands, the more we're nothing more than administrators ourselves and policy becomes less and less and less. There is no substitute for good decisions. Chair Suarez: Yeah. And let me just say one last thing on something you said, you know. If you're Commissioner Parks -- you know, ifI could come up with a name for Commissioner Carollo, it'd be Commissioner Due Diligence. Andl think he has consistently shown that he wants to do the utmost due diligence. And the problem that I have is, you know, he wants to have due diligence on ordinances and on resolutions, and we should. And we probably should do it more than we do. Andl admit that I've -- there have been times when haven't done it as much as he would like and probably should have in many of those cases. But this is even -- this goes even beyond that. I mean, this is -- once we make this change, the negative impact of not doing sufficient due diligence is compounded exponentially. I think I've beat the dead horse. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, please. Commissioner Carollo: Thank you. First of all, I want a legal opinion because my intent with City ofMiami Page 142 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 this is not that everything goes to referendum. My intent is that we follow the Charter where if certain protections have been met, fair market value, the appraisals, then you do not have to go to a referendum. So you're interpreting it differently, so I want to ask our City Attorney because I know what my intent is. So I want to defer to my City Attorney with regards to that. Ms. Bru: Commissioner, what you had requested was to remove the exemption. What does the exemption currently do? Currently, the City ofMiami is required to -- when conveying or leasing property, we're required to notice it to obtain fair market value and to receive at least three proposals. If we receive less than three proposals and the proposal that the City wants to consider is fair market value, then you can consummate the transaction if there's a referendum. So a referendum is not required in all instances. It's only required if you receive less than three proposals for non waterfront property. Waterfront property has its own set of rules. And then property on Watson Island has its own set of rules, which is, you know -- I mean, again, you know, our Charter has, you know, peppered throughout the Charter different provisions that apply under different circumstances. What the Commissioner is addressing here is just one exemption that doesn't require the City to not get fair market value. It doesn't require the City not to note -- but it allows the City -- Chair Suarez: Flexibility. Ms. Bru: -- to do that. And in the past -- I think that the issue has been that in the past perhaps this exemption has been used -- or allegedly has been used as a way to bypass those kinds of things, competitive bidding and notice and -- Commissioner Carollo: Protections. Vice Chair Sarnoff. Well, let me ask you -- 'cause Commissioner Gort I thought brought up a good point. How would the museums then -- wouldn't the museums then have been required to give fair market value? Ms. Bru: They would have. And I'd -- Commissioner Gort: Yeah. Ms. Bru: -- rather not get too much into the museums because, as you know, we're in litigation over that. Vice Chair Sarnoff. Oh, okay. Chair Suarez: You have something to say about that, right? No, and that's my point. My point is that he wants a legal opinion, which I fully support him getting one. You know, the point is that there's just not enough time. We're run up against a deadline. You know, if we would have done this six months ago -- just like we were complaining about the bidding process on, you know, Scotty's, that we started too late and all those other things, it's the same thing, you know. It's not -- it's got nothing to -- he's definitely well intentioned and he's got many, many reasons why this is a good idea to explore and to vet and to do the due diligence on. There's been countless examples where people say that it has been abused. And it's our responsibility to correct that, if that's the case. And this may be the only way to correct that, but before we do that, we have to be responsible and that's my point. Commissioner Carollo: Mr. Chairman. Commissioner Spence -Jones: Mr. Chair -- Chair Suarez: Let him go first 'cause this is his item. City ofMiami Page 143 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: Yeah. I -- Commissioner Spence -Jones: I was going to be real short, but go ahead. Chair Suarez: 'Cause it was tied. Commissioner Carollo: Go ahead if you -- Commissioner Spence -Jones: Okay. I just -- because if it seems like that's the sentiment -- Commissioner Carollo: Well, I -- Commissioner Spence -Jones: -- on -- Commissioner Carollo: -- ifI may real quick. With Commissioner Sarnoff, okay, what you mentioned was that everything had to go to a referendum. From what we're seeing, everything does not have to go to a referendum. Vice Chair Sarnoff. Well, here's -- Commissioner Gort: Yeah, but you penalize the people -- Commissioner Carollo: Let's address that first. Vice Chair Sarnoff. -- the language you're putting in 'cause -- Commissioner Carollo: Because -- Vice Chair Sarnoff. Did you mean to read "or" or did you mean to write "and"? Because you wrote "and" and you -- when you first read it to us, you wrote and -- you said "and/or." There's a distinction with a difference. Commissioner Carollo: I don't recall, but my intent -- I am stating what my intent is and I think the City Attorney expressed -- Ms. Bru: No. I think the question is simply shall the Miami Charter be amended to remove the exemption that allows the City Commission to convey City -owned property to implement projects of any governmental agency or instrumentality without complying with the requirements of competitive bidding, fair return or referendum. So the "or" really just lists the three things that would be required but for the exemption. Commissioner Gort: Any one of the three. Vice Chair Sarnoff. Where's the word "or", Madam City Attorney? I don't see it. Ms. Bru: It's in the question. What is it that you're looking at, Commissioner? Vice Chair Sarnoff. I heard read City -owned properties sale or lease generally to remove the exemption from the requirements of competitive bidding, fair return and referendum when conveying property on competitive -- I'm sorry, competitive bidding, fair return and/or referendum when conveying property to implement projects of any governmental agency or instrumentality. Ms. Bru: Okay. No, well -- "and/or" is not -- I don't -- I mean -- City ofMiami Page 144 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: You can't have an and" and an "or." You either have an "and" or an or. Ms. Bru: I don't know where he's reading. Chair Suarez: You can change a word and it changes everything. I mean, you can put a comma and it changes everything. Commissioner Spence -Jones: So while they're looking that up -- Commissioner Carollo: Let him -- Commissioner Spence -Jones: Okay. Commissioner Gort: It's right here in the first one. Chair Suarez: Yeah, I don't think that -- to me, that's not even the issue. Vice Chair Sarnoff. Is anybody reading this like I am on RE.10? I mean -- Commissioner Gort: Yeah. Vice Chair Sarnoff. -- am I missing something here? Am I -- Commissioner Gort: RE.9. Vice Chair Sarnoff Right. Well, in RE.10. It's 10. Commissioner Carollo: Well, RE -- right --10 is the actual ballot language. Vice Chair Sarnoff. Right, but -- and -- am I the only one not getting this? But the word "and" is different than the word "or." And -- Chair Suarez: That's correct. Vice Chair Sarnoff. -- what was read was "and/or," which is the both of them, so I'm going to readjust what you wrote. Commissioner Carollo: That's the ballot language. That's RE.10 what I just gave you. I just gave you RE.10. Vice Chair Sarnoff. But I'm reading it from our agenda. I'm just reading -- Commissioner Carollo: Okay. Vice Chair Sarnoff. -- from our agenda. Ms. Bru: Yeah. I see where the "and" is. It's in the title. The title says "and." It doesn't say "and/or." It says "and" so -- Vice Chair Sarnoff. Right. Ms. Bru: -- maybe that's the confusion. But obviously, should this issue proceed, the question would be listing those three requirements with an "or" in that phrase, not an "and/or." City ofMiami Page 145 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: And that I believe can be done in the next two weeks. Chair Suarez: I hope so. Ms. Bru: That's already the way the question reads. I think the Commissioner is just looking at the title of the legislation and if it's -- that can be corrected. Vice Chair Sarnofff. I am, I am. I'm reading page 21 of the meeting agenda -- Ms. Bru: Right, the title. The title, right. Vice Chair Sarnofff. Correct, and I'm reading -- Ms. Bru: That's the title of the legislation. Vice Chair Sarnofff. -- "and." Ms. Bru: Right, you're correct. And -- but the question that's in the actual legislation is "or, " so we can correct that. Grace Solares: Mr. Chair, may I make a comment -- Chair Suarez: Yes -- Ms. Solares: -- on this one -- Chair Suarez: -- of course. Ms. Solares: -- please? I have a problem with just adding -- Commissioner Spence -Jones: Name. Ms. Solares: -- "or." Grace Solares, 60 Southwest 30th Road. I have a problem with the word "or, " Commissioner Carollo, only because of this. If you say from the requirements of competitive bidding or fair market return or referendum means that if they give you competitive bidding but if they don't bring back a fair market value, what does it matter to have the competitive bidding? You understand what I'm saying? It's a problem having the "or" -- Commissioner Carollo: Well -- Ms. Solares: -- because "or" means any of those independently. Commissioner Carollo: I think the reason why it's being stated like that -- and don't want to put words into the City Attorney's mouth, but I believe the reason that it is being stated like that is because there are different requirements in the Charter. And that's why I'm saying you don't have to go to a referendum if you have the other requirements. Vice Chair Sarnofff. Well, candidly, I'm reading it like she's reading it. Commissioner Gort: She's mentioning something different. Vice Chair Sarnofff. Right. I'm reading it the way she's reading it. Ms. Solares: It is a problem. I think if you want to fix it, which, by the way, we, the people, love this change. We just would add that at the end of governmental agency or instrumentality, you City ofMiami Page 146 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 also put "and/or" any other government because the City ofMiami gave the County the Orange Bowl and the -- Dade County is not a governmental instrumentality or an agency, so you would still today be able to give the County the Marlins -- the Orange Bowl under this thing, okay. Chair Suarez: I don't think you could. I understand your drafting issue. Ms. Solares: He understands it. But I think that -- Chair Suarez: Yeah. Ms. Solares: -- should be added. But to correct what they're saying now or a suggestion, it'd be saying when conveying -- okay, where is it? Okay, requirement of competitive bidding and fair market value; in the event they are not obtained, then that it goes to a referendum. You must have the competitive bidding and the fair market value to the City. In the event you cannot get those things, then it goes to the referendum or something to that event [sic]. I will be sending you my suggestion for the words to all of you and to you, and it's just the people's little thing -- Commissioner Spence -Jones: Input. Ms. Solares: -- into the whole thing. But this is a very good change. When I read this yesterday, I sent out an e-mail (electronic) to my hundreds of people. And then Steve Hagen sent it to his hundreds, and then Barbara Bisno to his [sic] hundreds, and they were applauding you, Commissioner Carollo. Thank you for this change -- or the suggestion at least. Chair Suarez: Andl don't disagree with that. I don't disagree substantively that it may not be -- it may be a very wonderful amendment. Let me ask you something, Ms. Solares, just one quick question. Andl know that Commissioner Spence -Jones is going to be upset that do this, but got to do it, which is -- I got to do it. I got to do it. Commissioner Spence -Jones: You don't have to do it. Chair Suarez: I do have to do it. I do have to do it. How much before -- how much time before I even presented my Charter change to the organization that you are the president of did sit down with you and go -- Ms. Solares: Several times. Chair Suarez: -- step by step? How many? Ms. Solares: Several times. Chair Suarez: Right. Over the course of how much -- Ms. Solares: We met in your office. Chair Suarez: -- time? Over the course of how much time? Ms. Solares: Don't know. Months, probably. Chair Suarez: Right. Ms. Solares: Two or three months or something like that. Chair Suarez: Exactly, and that's before I even brought it to the Commission so -- City ofMiami Page 147 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: I think -- Commissioners -- excuse me. Mr. Chairman, I think we have your point. Chair Suarez: Okay, but I just want to -- Commissioner Spence -Jones: Point well taken. Chair Suarez: -- emphasize it because the thing is it's not that I disagree -- Commissioner Spence -Jones: Number 21 times mentioned. Chair Suarez: -- with the substance of what he's saying or with the idea or the concept. That's not the case at all. What I'm saying is we're amending the Charter, so before we do that, we need to be very, very, very careful. We're debating here, you know, two weeks before we're supposed to vote on it, changing the language, an "or," an "and. " You know, I'll give you language myself. I'll rewrite here. The -- you know, the submission deadline is -- actually, it's not even two weeks because we have to get it within five days, so you're talking about, you know, a little bit -- Commissioner Carollo: Tuesday. Chair Suarez: Right, so next Tuesday. So you're talking about four days. Commissioner Spence -Jones: Mr. Chairman, but would you -- I thought you said you were -- are you in agreement with the suggestion we made about 20 minutes ago about let's still -- let's go -- let's -- you still have the option on the 20 -- Chair Suarez: I'm open-minded. Commissioner Spence -Jones: Okay. Chair Suarez: I said I'm open-minded. I'm -- Commissioner Spence -Jones: Okay, so at least -- Chair Suarez: -- always open-minded for my fellow colleagues -- Commissioner Spence -Jones: -- give -- Chair Suarez: -- and for the residents. Commissioner Spence -Jones: -- Commissioner Carollo the opportunity. Chair Suarez: I do, absolutely. Commissioner Spence -Jones: We get the analysis in the next two weeks. Chair Suarez: As much time as we can possibly squeeze. Commissioner Spence -Jones: Right. And then at that point, we make a decision. But to keep dragging this horse -- Chair Suarez: No, I'm sorry. I just felt compelled to -- Commissioner Spence -Jones: I understand. City ofMiami Page 148 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: -- draw that distinction in terms of due diligence in preparing a charter amendment. I'm sorry. Commissioner Spence -Jones: So, can we --? Mr. Chairman. Chair Suarez: Yes. Commissioner Spence -Jones: You okay? Chair Suarez: I'm fine. Commissioner Spence -Jones: Okay. Can we bring this item to close? Chair Suarez: Oh, I would love that. Commissioner Spence -Jones: Okay. Chair Suarez: You want to make a motion? Commissioner Spence -Jones: No. Chair Suarez: Actually, let me just say one more thing. Commissioner Spence -Jones: We -- I thought -- just we said we would just defer it to the next meeting -- Chair Suarez: Okay. Commissioner Spence -Jones: -- with the changes. Chair Suarez: Is that a motion? Commissioner Spence -Jones: Yes, that's a motion. Chair Suarez: Okay. The Clerk -- Commissioner Spence -Jones: Do I have a second? Do we have a second? Chair Suarez: Do we have a second? Commissioner Carollo: I'll second. Chair Suarez: Second by Commissioner Carollo. The Clerk had asked me to give him some guidance on the direction 'cause it was talked about 3 years, 5 years, 20 years, 25 years, 50 years. Instead of putting a year on it so that it -- Commissioner Spence -Jones: Yes. Chair Suarez: -- kind of is in line with everything we're talking about, just any time that it's been conveyed to a governmental entity in the existence of all of the governmental entities of the City ofMiami. It may just be 25 year -- Commissioner Spence -Jones: Yeah. City ofMiami Page 149 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: It may be less time -- Commissioner Spence -Jones: No problem. Chair Suarez: --you know, so we don't have to put a timeframe on it. Commissioner Carollo: Can suggest a reasonable amount of time? Chair Suarez: No. I want every single one. Commissioner Spence -Jones: It's okay. I don't think that should be a difficult thing to ask for. Since the existence of the agency. The City should have it. Commissioner Gort: You have -- Commissioner Spence -Jones: As much information as possible. Commissioner Carollo: Okay. Commissioner Gort: Question. Commissioner Spence -Jones: So -- but we just -- Commissioner Gort: Question. Non for profit homebuilders that we give land to, does it go under this process? Ms. Bru: Commissioner, there's another exemption that deals with affordable housing. Commissioner Spence -Jones: Yeah, that's different. Ms. Bru: That's a separate one. Commissioner Gort: So there's another exemption? Ms. Bru: Yes. Commissioner Gort: And that one's okay. Okay. Commissioner Spence -Jones: Okay. Chair Suarez: Thank you, guys. Commissioner Spence -Jones: So just so -- Chair Suarez: So there's a motion and a second. Commissioner Spence -Jones: -- we're clear, Mr. Chairman, what are we asking for the Administration and Commissioner Carollo to do by the next meeting? Chair Suarez: The only thing I'm asking is I want to see every instance of any time where we've conveyed or leased property to a governmental entity. Commissioner Spence -Jones: Okay, since its existence. Chair Suarez: Yeah. City ofMiami Page 150 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: Okay. Commissioner Gort: The (UNINTELLIGIBLE) and what happened. Commissioner Spence -Jones: Okay. Chair Suarez: Exactly. Commissioner Spence -Jones: And then we're asking for Commissioner Carollo to do what? To Chair Suarez: I don't know -- Commissioner Spence -Jones: -- make the nec -- there's no adjustments you need to make to this language at all? Commissioner Carollo: I'm open to suggestions. Commissioner Spence -Jones: Okay. Commissioner Carollo: I mean, I'm open -- Commissioner Gort: Commissioner Sarnoff came up with some suggestions. Commissioner Carollo: -- and by the way, what -- I bring this in good faith. Also, I'm deferring in good faith, okay. And what mean by that is that I don't -- I'm hoping, you know -- andl really don't feel that need to say this, but I'm still going to say it. I'm hoping that what we're trying to do here is what I think we've established and the culture that we've established that -- 'cause it seems like there's a -- there's the concept -- there's a consensus here with the concept that this is good. So I'm hope [sic] that what we're trying to do is find ways to make this happen, to better this resolution, to bring it to the voters and not try to find holes with it to kill it. Now by all means, that doesn't mean if there are things wrong with it, yes, obviously, you know, we will work on it. But I want to make sure -- because let's be very clear. You know in the past, you know, Commissioners bring things up and everyone -- I'm not saying everyone, but there's others that are trying to harpoon it and this and that and make sure that it sinks. And this Commission has established, you know, that when we bring something forward, we, you know -- what we try to do is massage it and make sure to make it better and that's what -- that's why I bring it here and we work as a team. So that's why I'm asking. I'm open to suggestions, you know, I really am. And I'm hoping that is the will of this Commission, you know, and that is what the intent is, to defer it for two weeks. Commissioner Spence -Jones: Yeah, I think it's two pronged I think that you have Commissioners up here that want to understand how it could possibly impact based upon history. So before they -- I think before anybody makes a decision about it, I think what they're saying is let's look at the past data on it and it may not be as bad as the last couple of times that we had. Maybe it's been more good than bad. You might gain something out of it as well, you know. Commissioner Carollo: Absolutely. Commissioner Spence -Jones: So I think that's what Commissioner or Chairman -- the Chairman is saying and that's what Commissioner Gort is saying. I think that resolves this issue on this and -- yeah, that resolves this issue. Chair Suarez: Okay. There's a motion to defer. City ofMiami Page 151 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Ms. Bru: Mr. Chair, can I just make a suggestion? Chair Suarez: Of course. Ms. Bru: You had two items that were related -- Commissioner Spence -Jones: Yes. Chair Suarez: Right. Ms. Bru: -- regarding this removal of this exemption. You had a resolution directing the City Attorney to draft the amendment and then you had the actual resolution calling for the election. Since you have the agenda before you and it seems like you are willing to entertain a charter amendment, discussing a charter amendment, would you like to vote on RE.9, which is just the resolution directing us to do the work and get that out of the way? Commissioner Spence -Jones: Yeah. I think that's what we're saying on 9. Ms. Bru: Right, but -- Chair Suarez: No. We had a motion to defer. Commissioner Carollo: No, no. There's -- no, no. Chair Suarez: So we have to withdraw the motion. Yeah, 'cause we've been talking about two items at the same time. Commissioner Carollo: Right, right. We've been talking about two items. Commissioner Spence -Jones: No. But we're only dealing with one now. Commissioner Carollo: Right -- no, no, no. What -- Chair Suarez: You're right. Commissioner Carollo: -- the City Attorney -- and correct me if I'm wrong. I think what the City Attorney is saying that we should pass RE.9 directing her to draft the language, and then RE.10, which is the actual ballot language, we defer to the next meeting. Commissioner Spence -Jones: Okay. Commissioner Carollo: That's what believe. Ms. Bru: I think that's cleaner. Commissioner Spence -Jones: No problem. Commissioner Carollo: Yes. Chair Suarez: No. I think you're absolutely right. Commissioner Carollo: Yeah. Chair Suarez: I think similar to what we did with the submerged lands -- City ofMiami Page 152 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: Yes. Chair Suarez: -- and also with the election date. None of us are bound by a direction to go ahead and do the work. Commissioner Carollo: Right. Commissioner Spence -Jones: No problem. Chair Suarez: I think it's cleaner that way. I think it -- that's something that you and I talked about and we reconciled and I was upset, but I got over it. Commissioner Spence -Jones: So do we need to make this motion? Chair Suarez: And it had nothing to do with you. Commissioner Gort: Move it. Chair Suarez: That's for sure. Commissioner Spence -Jones: Do I need to change my motion? Commissioner Gort: Move it. Commissioner Carollo: Yes. You need to -- Chair Suarez: Yeah. We need to withdraw the motion and the second, the last motion and second 'cause that was a motion to defer. Commissioner Spence -Jones: I withdraw my motion. Chair Suarez: Okay. Who was the seconder? Commissioner Carollo: I withdraw my second. Chair Suarez: Okay. Is there a motion to --? Commissioner Carollo: There's a motion to approve RE.9. Chair Suarez: Okay. Commissioner Spence -Jones: Directing -- Chair Suarez: The attorney to draft -- Commissioner Spence -Jones: Okay. Chair Suarez: -- the language on RE.10. Commissioner Spence -Jones: Second. Chair Suarez: Okay. There's a motion and a second. All in favor, signift, by saying aye." The Commission (Collectively): Aye. RE.10 RESOLUTION City ofMiami Page 153 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 12-00763a City Commission A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. _; AMENDING SECTION 29-B, ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY", TO REMOVE THE EXEMPTION FROM THE REQUIREMENTS OF COMPETITIVE BIDDING, FAIR RETURN OR REFERENDUM WHEN CONVEYING PROPERTY TO IMPLEMENT PROJECTS OF ANY GOVERNMENTAL AGENCY OR INSTRUMENTALITY; CALLING FOR AND PROVIDING THAT CHARTER AMENDMENT NO. WILL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD ON NOVEMBER 6, 2012; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. 12-00763a Legislation (Version 2).pdf 12-00763a Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item RE.10 was deferred to the July 26, 2012 Commission Meeting. Chair Suarez: RE.10, is there a motion? Commissioner Carollo: There is a mo -- Commissioner Gort: Move to defer. Commissioner Carollo: -- I make a motion to defer. Chair Suarez: Okay. There's a motion by Commissioner Carollo to defer. Is there a second? Commissioner Gort: Second. Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Gort. All in favor, signift by saying "aye.' The Commission (Collectively): Aye. Todd Hannon (Assistant City Clerk): And just for the record, that is deferred to July 26. Commissioner Carollo: Right -- Chair Suarez: Yeah, it has to be. City ofMiami Page 154 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: -- July 26. Chair Suarez: It has to be. Vice Chair Sarnoff August 4. Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Yeah, seriously. RE.11 RESOLUTION 12-00764 District3- A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Commissioner Frank ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE Carollo CITY OF MIAMI, FLORIDA, AS AMENDED, FOR CONSIDERATION AT AN ELECTION TO BE HELD ON NOVEMBER 6, 2012, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO AMEND SECTION 29-B OF THE CHARTER TO REQUIRE THAT ANY LEASE FOR THE DEVELOPMENT OF IMPROVEMENTS OF CITY -OWNED PROPERTY WHICH HAS BEEN APPROVED BY REFERENDUM SHALL REQUIRE FURTHER REFERENDUM APPROVAL IN THE EVENT THAT THE LEASEHOLD IMPROVEMENTS HAVE NOT BEEN COMPLETED WITHIN FOUR (4) YEARS OF THE EFFECTIVE DATE OF THE LEASE. 12-00764 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Yes, you're recognized. Commissioner Spence -Jones: On item number 11 and item number 12 -- Chair Suarez: Yes. Commissioner Spence -Jones: -- I think that it's going to -- this one would probably be a very long debate -- Chair Suarez: Right. Commissioner Spence -Jones: -- because the bottom line for -- I'm understanding from you is, you know, this same principle issue. Chair Suarez: It really -- same logic applies. Commissioner Spence -Jones: Now unlike the last one, which I totally agree with my colleague, I think that that is a much stronger ask. I don't quite feel the same way about 11. I think 11 is going to really -- if we're asking for history on MSEA (Miami Sports and Exhibition Authority) and the rest of them, which is going to take some time for them to pull together, to even remotely think about number 11, I think that that -- this is a tall order. Now I might -- and I'm just saying, before we get into two hours of debate on it -- I don't know if anyone else feels the same way. City ofMiami Page 155 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Vice Chair Sarnoff. Yeah. Can I just say something -- Chair Suarez: I do feel the same way. Commissioner Gort: I feel the same way. Vice Chair Sarnoff. -- real quick on this one? 'Cause there are parts of this -- I actually like the theme of this one. Commissioner Carollo: Andl would like to discuss it. Chair Suarez: I like the theme of it too. Commissioner Carollo: Yeah, andl would like to -- Chair Suarez: Andl like the theme -- Commissioner Carollo: -- discuss it. Chair Suarez: By the way, I liked the theme of the last one too. Vice Chair Sarnoff. Like the theme of the other one too, right. Commissioner Carollo: By the way, Commissioner Spence -Jones, in all fairness, you know, I was very quiet where all these other agenda items came before these -- Commissioner Spence -Jones: I'm not saying -- Commissioner Gort: Save him the energy. Commissioner Carollo: -- soI want to make sure we discuss it. Commissioner Spence -Jones: I'm -- listen -- Commissioner Gort: He was saving energy. Commissioner Spence -Jones: -- I'm not saying -- what I'm saying -- I'm sorry. Chair Suarez: I agree with that. Commissioner Gort: Wait, wait. Let me ask you a question. When we sign a contract, when we come up with a contract -- because I'm going to suggest that with all the contracts from now on -- 'cause whenever you answer an RFP (Request for Proposals), you have projections. We all know what projections are like. And you have certain commitment. I'm going to suggest in every contract that we get, that we restrict the projections. If they don't meet with the projection -- and we have to find out what is the time that should be given -- within certain time, they're out. If they don't pay their rent, they're out, within one or two months. I'm not an expert in real estate, so I cannot -- but I think we got to have that in all the contract so we won't have what's happened in the past that people come here, they get awarded a contract on their projections, on their promises and they don't comply with them. And then they come to us and they give us all kinds of excuses why to do it. I believe we can do that under a contract. Vice Chair Sarnoff. Well -- Commissioner Gort: I'm not an attorney, but -- City ofMiami Page 156 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Vice Chair Sarnoff. I know you want to present and -- Commissioner Carollo: Right. Can I -- Vice Chair Sarnoff. You should, yes. Commissioner Carollo: -- can we actually follow the structure and --? Vice Chair Sarnoff. Because we're being rude to you, yes. Commissioner Carollo: I wouldn't say that, but can I begin by presenting and --? Commissioner Spence -Jones: A little disrespectful, but go ahead. Chair Suarez: Of course. Commissioner Carollo: And again, this is a resolution that placed on the agenda for all of you to consider and so direct the City Attorney to prepare a charter amendment that would require that any lease for the development of improvements which has been approved by a referendum already, the voters have already approved, shall require further referendum of approval when the improvements or the construction are not completed within four years of the effective date. It says of the lease, but I think that's one thing that I want to change, you know, probably to the election date. And let's discuss this a little bit. And by the way, I'm not married to the four year. I have spoken to different people in the industry and four years is a good amount of time. As a matter of fact, the Marlins stadium that is a quite large construction was built in two and a half years, almost three. So let me discuss my intent with this, ifI may. Andl want to give an example and it may ruffle some feathers; it may not. I hope it doesn't. I'm just -- I just want to give the reality of what we're facing. The example will be Flagstone. In 2001 the voters approved by referendum a pretty gigantic development, where you had a marina, you have hotels and other retail. Yet, they still haven't even started. It's been 11, 12 years. And whatl am saying here is that just because the voters approved of it does not give you an infinite amount of time for you to build and -- or do the construction or the leasehold improvements. It just does not give you an infinite amount of time. Because why? In the meantime, guess what. We're losing revenues. Yes, okay, they're paying some now, but they're not paying what the voters approved. The voters -- andl haven't looked at the details, the hard details with regards to the numbers because, again, I don't want it just to be about Flagstone, you know. But the voters approved that this will be built and once it'll be built, we will be receiving these X'humber of revenues. It has not been built. Therefore, we are not receiving the revenues that were promised. So all I'm saying is, you know what, do what you promised. Do what the voters approved. Because, hey, listen, all of us have terms. We got four-year terms. And in all fairness, there needs to be a time span where if it doesn't get done, guess what. You should go back to the voters and see -- because the voters may change their mind. We've seen it time and time again. Andl have examples, again, of how voters have changed their mind, and I'd rather not say it out of you know, courtesy to some elected officials or former elected officials. But in all fairness, there's examples where voters changed their mind. Andl just see -- andl am using the example of Flagstone -- where, yes, it was approved by the voters back in 2001. So does that mean now they have an infinite amount of time to construct that? Yet, in the meantime, the City is not maximizing its revenues. So again, I'm open for suggestions, discussion, debate, andl welcome it. Vice Chair Sarnoff. Mr. Chair. Chair Suarez: Yes, Vice Chair. City ofMiami Page 157 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Vice Chair Sarnoff. I like the philosophy, I like the theme of what you're saying. My problem with it is -- let's use something we did today. Let's say the Grove issue comes up and we go with the number two guy. Let's just hypothesize. And the number one guy sues. And candidly, with the way that the courts have been now cut in terms of their staff in terms of the amount of money the judges make, litigation was moving very quickly around '05, '06, '07. One and two years, things were starting to happen. Litigation has come to a very, very slow problem. It is back to its six year projected timeframe because the judges have, on the average, about 18,000 foreclosures per judge. Andl don't -- Commissioner Spence -Jones: Less resources too. Vice Chair Sarnoff. -- know -- Commissioner Gort: Permits. Vice Chair Sarnoff. No. Commissioner Gort: Hurricanes. Vice Chair Sarnoff. Right -- and you're right. And then there's other things other than litigation. For instance, in Flagstone, he went through a six -year litigation. Commissioner Carollo: And hurricanes. Vice Chair Sarnoff. And a hurricane, and then I would call an economic hurricane. And I'm not here to make excuses for Flagstone. Commissioner Gort: Yeah. Vice Chair Sarnoff. But there are some unforeseens that will occur. And business operates in terms of certainty. So if the -- if a huge corporation from New York is about to invest $10 billion in Miami because of some great, big deal we have and they win a referendum because you guys, as Commissioners in 20 years, have told the voters this is the best thing since sliced bread and they know that they have to build it within four years, they may not be so inclined to bring every dollar, to bring everything forward, everything they want unless you can come up with some language or some variations to take in either acts of God, acts of litigation, some unforeseens. And you might say, in Miami, litigation is foreseeable, which is sad to say. Commissioner Gort: Yeah. Vice Chair Sarnoff. And almost finding a person who hasn't been sued is pretty hard these days. Commissioner Carollo: Well, all could tell you is, again, I'm flexible with the timeframe. It could even be whatever they promise. It should be constructed within the period that they promise. But I'll tell you, Marlins stadium was built in two and a half years, maybe slightly over than two and a half years. Commissioner Gort: But you know why? Vice Chair Sarnoff. 'Cause some -- Commissioner Gort: It had $600 million from the government -- Vice Chair Sarnoff. I was going to say -- City ofMiami Page 158 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Gort: -- so that helps. When you have $600 million, you can build within a year. Vice Chair Sarnoff -- some deals are too good to let go of. Chair Suarez: And let me just say right now, this is the biggest issue I have with this one. There's -- I have a lot of minor issues, and I'm not going to repeat all the other issues for -- Commissioner Carollo: No. Chair Suarez: -- Commissioner Spence -Jones benefit. But let me give you -- Commissioner Carollo: I'd rather you do. Chair Suarez: No, I will. No, I'm not going to repeat them all because then we'll be here for another hour, like getting here to the same point and the whole thing. Commissioner Spence -Jones: No. He doesn't have to keep talking about the other stuff he's -- Chair Suarez: Right, right. Right, exactly. Commissioner Spence -Jones: -- he was talking. That's what he's trying to tell you. Chair Suarez: 171 tell you whatl think is the biggest -- Commissioner Spence -Jones: He doesn't have -- Chair Suarez: -- problem on this -- Commissioner Spence -Jones: -- to remind you of -- Chair Suarez: -- which is a not fixable problem, okay. No bank in the world is going to finance a project when in 4 years or in 8 years or in 12 years or in 15 years the voters can overturn essentially a project and then they're just -- you're just not going to get financing. We were talking today about the Chart House and saying that the lease wasn't sufficiently long for a bank to lend against the lease. No bank is going to lend if they're four days in -- you know, four years in one day, five years in one day or whatever. You're just not going to get a loan. It's not even about -- no one's going to take that risk. That's almost -- this is almost like a title defect. This is almost like a defect of title because no one is going to lend you $300 million or $500 million or $400 million if they think there's even a possibility that if these people don't get the thing done on time, the voters are -- it's going to go back to the voters and it's going to be rejected. No one's going to take that risk. It's too big a risk with that kind of money. And so the unintended consequence of this -- it's not that your idea isn't a good idea or isn't -- you're not acting in good faith. You're absolutely acting in good faith and it is a good -- like you said, it's a -- there's consequences to amending the Charter that we cannot foresee. And how do we fix it? We have to re -amend the Charter and fix it, and that's not an ordinance. It's not a referendum. We have to go through the whole process. We got to put it back. We got to explain to the voters. They can approve it; they can deny. Meanwhile, a project like Marine Stadium or Flagstone or whatever may never get built in our lifetime because we're going back and forth and trying to explain it. It takes years and years and years to fix what we -- you know, the mistake that we made. So -- sorry. Commissioner Spence -Jones: No, no. You're okay? Chair Suarez: Yeah, I am, great. City ofMiami Page 159 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: You need a sip? Chair Suarez: No. I've been drink -- I thinkl drank too much coffee. Commissioner Spence -Jones: Let -- Commissioner Gort: We need some more. Chair Suarez: You need more? Commissioner Spence -Jones: I think that we -- I don't really have to say that much about this item because, again, I said from the beginning I think this is probably one of the tallest orders for all of us. And you know I'm pretty flexible on these issues, you know. So I just -- I really just don't want us to lock us into a situation that -- what everyone else has mentioned, which will probably create a, you know, bigger effect. So, you know, I think on the last item, you definitely -- you know, there's some flexibility on this. But from my perspective, you know -- and you know I support things that you bring to this Commission -- it's very hard for me to support this, you know, so -- just very hard for me to support this. Commissioner Carollo: Again, I can only bring it for -- Commissioner Spence -Jones: I know. Commissioner Carollo: -- in front of my colleagues. Ultimately, the voters will have had the, you know, ultimate decision. And once again, the example is Flagstone. Every year that has gone by, we lose revenues there. We're not -- Commissioner Spence -Jones: We understand that. Commissioner Carollo: -- maximizing our revenue. Commissioner Spence -Jones: We -- Commissioner Carollo: And we got prime waterfront property that's not maximizing revenues. Look at it. It's been 11, 12 years since the voters approved what was supposed to be a really nice project and we're still at it so -- Commissioner Spence -Jones: But I also think, Frank -- Commissioner Carollo: -- I'm looking for solutions. Commissioner Spence -Jones: Andl think also, Frank -- without beating the horse again -- I think the issue becomes -- I mean, it's -- responsibility lies on both sides. The Administration also played a very big key role. This Commission played a very big key role in that. So I think that if those things are tightened up, you know, and we continue to go on the right path or on the right route to correct some of the issues that might have happened in the past, then we can kind of eliminate some of those things. My concern, though -- I'm just going to tell you about all these charter amendments. I know that the November ballot is going to be crazy, full of things on it. And I'm really concerned with having too many things on the ballot as well because the reality is, we then also have to, you know, go out of our way to make sure that people understand all of these issues. So to me, the more -- already we have three that I think that we're really -- we at least feel pretty decent about that we're going to still have to, you know, hammer away on. And to add this that has so many unanswered possible circumstances that can be tied to it later on down the line, this is just an item that I think that maybe we can focus on working on maybe for the next -- what do you call it, election term -- City ofMiami Page 160 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: Election cycle. Commissioner Spence -Jones: -- or whatever the case may be. We got time. But let's -- Chair Suarez: We got time for all these. Commissioner Spence -Jones: Right. We don't have to, you know, kill ourself on trying to make Chair Suarez: We have time -- Commissioner Spence -Jones: -- this particular one happen. Chair Suarez: -- for all these. We have plenty of time to do these things and to vet them and to discuss them. Commissioner Carollo: Could we have --? Chair Suarez: Yes. Grace Solares: Grace Solares. Just a question for Commissioner Carollo. You don't mean four years to complete the project. You mean four years to commence the project, right? Unidentified Speaker: No. Commissioner Carollo: Well, here's -- Ms. Solares: Is that what you're saying? Commissioner Carollo: -- the thing. And I've thought about this quite a bit and that's why today you heard me say about knocking the rock over. What does commence mean? Because -- Chair Suarez: What does complete mean? Commissioner Carollo: -- it seems that usually they knock a rock over, they dig a hole and we commence the project -- Chair Suarez: Happened -- Commissioner Carollo: -- and that's -- Vice Chair Sarnoff Happened today. Ms. Solares: Yeah. Commissioner Carollo: Exactly. Commissioner Gort: Or they get the plans together and that's it. Commissioner Carollo: And that's why I was so familiar with it and that's why -- because I had Chair Suarez: (UNINTET,TIGIBT,F) today. City ofMiami Page 161 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: Yeah. I -- Vice Chair Sarnoff Big lesson today. Commissioner Spence -Jones: I just think that -- Chair Suarez: For me. Commissioner Spence -Jones: -- I just think this item needs to be really hammered out a little bit more. It's just -- Commissioner Gort: They pull the plans and they ask for permits and that's it. Chair Suarez: Look -- Ms. Solares: For specifications. Chair Suarez: -- again, I don't have anything -- I think -- I totally think he's acting in good faith . I think he wants to do the right thing. I think he sees things that he doesn't like and he wants to change them. But I think this would paralyze our waterfront property, you know. Forget about them not building it in 10 years, 15 years. It paralyzes because you can't loan money against it. Commissioner Carollo: Listen, I'm not going to debate it more or discuss it more because it's obvious the consensus is not to go with this and, you know, like I said -- Commissioner Spence -Jones: So do you want to withdraw it? Commissioner Carollo: -- in the past, you know, I follow the will of this Commission. However, yeah, but before we take any action, I would like to ask Commissioner Sarnoff. You said you like some parts about it, but then again -- I want to know because, you know, if we are going to bring it back in the future, if we are going to massage it for the next election -- and I'm saying if, you know -- I want to see what parts I should look at, what parts not or -- you know, and realistically, because candidly, after today, I can't just go -- Vice Chair Sarnoff No, you're right. You're right. Commissioner Carollo: -- to Marc's office and say, hey, Marc -- Chair Suarez: Right. Commissioner Carollo: -- let's talk about this, you know. Let's work on this together. It makes it very difficult. Chair Suarez: You could do a sunshine meeting though. Vice Chair Sarnoff No. I think you've hit a theme of this city, certainly in years past, maybe not in the past two years, but certainly in years past being far too lenient -- Commissioner Gort: Yes. Vice Chair Sarnoff -- with people who have contracted with us and come to us and say, the economy -- Chair Suarez: Right, whatever. City ofMiami Page 162 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Vice Chair Sarnoff. Yeah, just every excuse in the world, you know. Chair Suarez: It's always something. Vice Chair Sarnoff. And you're right. I mean, in this Commission, in the past, has been very lenient. Commissioner Carollo: That's why I actually want to put it in the Charter and I want to somewhat take it out of the Commissioners' hands, to be honest with you. Vice Chair Sarnoff. But I think you need to call us on it. Chair Suarez: And let me just say this -- and he does call us on it. Vice Chair Sarnoff. But I think he needs to. Chair Suarez: And let me say this -- but let me say this. Look, we as a Commission body took two different tacks with the two properties on Watson Island. Vice Chair Sarnoff. Right. Chair Suarez: Okay. In one case, we said, you know what, we're going to make a deal and we made a deal. We'll find out if it's for better or for worse in the next -- supposedly, they're about to close. Supposedly, they're about to start construction and we're going to find out whether that was a smart decision or not. Today, we decided, the Administration, we're not going to continue to negotiate with the other person in Flagstone. Commissioner Gort: (UNINTET,TIGIBT,F) a payment. Chair Suarez: So you didn't need the Charter to do that. You just needed the political will to do that and the political will was here, manifested by the Mayor's office and by this Commission, okay. 'Cause I think -- and I'm sure every single one of us privately expressed our misgivings about that. So we took a different tack. Hopefully, that works out. Hopefully, they make the payment in August and that works out, the whole thing works out. I hope it doesn't become another Miami Marine Stadium, which is something that I worried about in some of the discussions. But the point is that, you know, we had the flexibility to go in one direction on one, in another direction on another, and we are the policymakers of this body. What I'm, again, afraid of is doing this will have unintended long-term consequences. Vice Chair Sarnoff. We're becoming a lot like California. And what you're doing is you're taking the discretion out of the legislators of California because for years and years, the California voters simply didn't trust them. So like I said, I think 91 percent of their budget is mandated by referendum so that 91 percent of their revenues that they take in are by mandate by the electorate. So why not -- I'll tell you what to California, listening to me, why don't you just save the money on your elected guys, let the administrators run it. You guys could referendize the next 9 percent. But don't know that that's a good idea because -- and I'll finish. I'm not going to get into a long soliloquy. As a Commissioner, you have the ability, the right to grab Johnny, the Manager, and say I need more information. Give me this information. Today, for the -- I was going to vote on something I couldn't vote on it. I didn't know what it was. Chair Suarez: And that's just an ordinance, a resolution. Vice Chair Sarnoff. It was just -- it was a $1.8 million payment. Chair Suarez: Right. City ofMiami Page 163 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Vice Chair Sarnoff. But I -- and I'm sitting there and a little bit embarrassed, maybe for myself, but maybe also for the people trying to explain it to me. What was I voting on? I couldn't explain -- I didn't know. And so your job here is to know things. Your job here is to use your discretion. You're great, Frank, at asking for detail, asking for the backup, asking -- and you're good about going through it because, let's face it, you're a certified public accountant. And if an accountant is not going to do his due diligence -- Chair Suarez: And a forensic auditor. Vice Chair Sarnoff. -- nobody's going to do it. Chair Suarez: And a forensic auditor. Vice Chair Sarnoff. Right, and a forensic auditor. So I think, in a manner of speaking, you've kind of called out an issue you see, butt have to -- I think Suarez hit it directly on the head. Give yourself this kind of inflexibility and you'll never get investment in the City ofMiami. Commissioner Spence -Jones: So why -- I understand what Commissioner Carollo is saying, Mr. Chairman and Vice Chair. Perhaps one of the things that can happen is -- and I think not -- once we get beyond all of this stuff, I think the -- at least the three that we're already discussing, maybe perhaps what we can do is schedule, Mr. Chairman -- Chair Suarez: Sunshine meetings. Commissioner Spence -Jones: -- sunshine -- Chair Suarez: Absolutely -- Commissioner Spence -Jones: -- meetings -- Chair Suarez: -- which is what did. Commissioner Spence -Jones: -- like you did -- Chair Suarez: Of course. Commissioner Spence -Jones: -- to further hammer out those issues. But to hammer it out right now -- Commissioner Gort: Yeah. Chair Suarez: Of course. That's what I'm trying to say. Commissioner Gort: Listen. Chair Suarez: What I've been trying to say for the last two hours. Commissioner Spence -Jones: We got it. We got it. Chair Suarez: Come on. Commissioner Spence -Jones: We got it. Commissioner Gort: Let me tell you something. We here are having problem. Can you imagine City ofMiami Page 164 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 this on the ballot? Commissioner Spence -Jones: I know. Chair Suarez: Come on, man. Commissioner Spence -Jones: Okay, so are you -- Mr. -- Commissioner Carollo, do you want to withdraw these items? Commissioner Carollo: It will be a withdrawal of -- Commissioner Spence -Jones: For 11 and 12? Commissioner Carollo: Yes. There's not support for it, so there's no sense in taking a vote. Commissioner Spence -Jones: Okay. Don't' vote on it. Commissioner Gort: There's support to bring it back. There's support to discuss it further. Chair Suarez: Andl will commit myself -- Commissioner Carollo: Yeah, but I'm not going to bring it back 'cause we don't know what -- Commissioner Spence -Jones: No -- right. Commissioner Carollo: -- so I'm not going -- right. Commissioner Gort: No. Commissioner Carollo: Right. So I -- Commissioner Gort: We support your idea and we want -- Chair Suarez: We do. Commissioner Gort: -- it implemented. Chair Suarez: And let me just a step further than that. I will -- and yeah, we do. I do, andl will go a step further than that. I would work with you as many sunshine meetings as you want to work with you to make these -- to vet these ideas very, very carefully, to make sure that when we bring them, they're brought responsibly. I have absolutely -- you have my commitment. I will work as hard as you want me to. Commissioner Spence -Jones: Does that apply for number 13 too? Commissioner Carollo: No. Chair Suarez: Yeah, of course. I drafted it. Commissioner Spence -Jones: No, for number 13. Chair Suarez: RE.13? Commissioner Spence -Jones: Yeah. City ofMiami Page 165 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: Yeah, I drafted it; 13 and 14. I drafted it. Commissioner Spence -Jones: Oh, those your items? Chair Suarez: Yeah. I drafted them. Commissioner Spence -Jones: Really? Chair Suarez: Yeah, strong mayor initiative. There was three components. Commissioner Spence -Jones: Oh, okay. Chair Suarez: Yeah. Commissioner Spence -Jones: I thought it's Frank's item. Chair Suarez: He brought it on the agenda, but it was a component of my strong mayor initiative. Commissioner Spence -Jones: Okay, no problem. Commissioner Carollo: We'll discuss it. Commissioner Spence -Jones: Okay, can we just discuss this so we can move on to number 13? Commissioner Carollo: Can -- I see rapid fire everywhere, so can we just -- Chair Suarez: I'm stepping back. Commissioner Carollo: -- relax and --? Chair Suarez: I'm stepping back. Commissioner Spence -Jones: Relax? So -- Commissioner Gort: Where's the coffee? Chair Suarez: No, man. I can't have any more coffee. That's it. I'm done with the coffee. Commissioner Carollo: Anyways, okay, so let's go with RE.11 and 12. There is right now not the support so what you're asking me is to withdraw it -- Commissioner Spence -Jones: Yes. Commissioner Carollo: -- and work on it some more. Commissioner Spence -Jones: With the recommendation that a sunshine committee or a sunshine meeting be held to further discuss it in the future. Chair Suarez: Absolutely. Commissioner Gort: Yeah. Commissioner Spence -Jones: You determine the future. City ofMiami Page 166 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 RE.12 12-00764a Chair Suarez: Absolutely. Commissioner Carollo: Okay. Commissioner Spence -Jones: Okay, not -- Commissioner Carollo: That -- Commissioner Spence -Jones: That's fine. Commissioner Carollo: You're seeing where I'm going with that, yes. Commissioner Spence -Jones: No. You determine the future -- Commissioner Carollo: You understand. Commissioner Spence -Jones: -- but the future not being for the next agenda, though. Commissioner Carollo: I hear you. Commissioner Spence -Jones: Okay. All right. Chair Suarez: No one's going to take your idea. Commissioner Carollo: I hear you. Okay, I then -- do I need to make a motion to withdraw RE Chair Suarez: Yes. Commissioner Carollo: -- 11 and 12? Chair Suarez: Yes. Todd Hannon (Assistant City Clerk): We'll do each one separately, but yes, if you could make a motion to withdraw RE.11. Commissioner Carollo: Motion to withdraw RE.11. Commissioner Spence -Jones: Second. Chair Suarez: Is there a second? Second by Commissioner Spence -Jones. All in favor, sign by saying iiye. " The Commission (Collectively): Aye. RESOLUTION District3- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner Frank ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO Carollo THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. ; AMENDING SECTION 29-B, ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY", TO REQUIRE THAT ANY LEASE FOR THE DEVELOPMENT OF City ofMiami Page 167 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 IMPROVEMENTS OF CITY -OWNED PROPERTY WHICH HAS BEEN APPROVED BY REFERENDUM SHALL REQUIRE FURTHER REFERENDUM APPROVAL IN THE EVENT THAT THE LEASEHOLD IMPROVEMENTS HAVE NOT BEEN COMPLETED WITHIN FOUR (4) YEARS OF THE EFFECTIVE DATE OF THE LEASE; CALLING FOR AND PROVIDING THAT CHARTER AMENDMENT NO. WILL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD ON NOVEMBER 6, 2012; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. 12-00764a Legislation.pdf 12-00764a Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Suarez: RE.12. Commissioner Carollo: Motion to withdraw RE.12. Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. All in favor, signift by saying aye." The Commission (Collectively): Aye. RE.13 RESOLUTION 12-00765 District3- A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Commissioner Frank ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE Carollo CITY OF MIAMI, FLORIDA, AS AMENDED, FOR CONSIDERATION AT AN ELECTION TO BE HELD ON NOVEMBER 6, 2012, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO AMEND SECTION 4 TO AUTHORIZE THE RECALL OF THE MAYOR USING THE PROCEDURES SET FORTH IN FLORIDA STATUTES SECTION 100.361. 12-00765 Legislation.pdf Motion by Commissioner Carollo, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-12-0256 Commissioner Carollo: Now on RE.13 -- RE.13 is something that arose, as Commissioner Suarez said, when he brought up the strong mayor item. And it seemed like there was easily consensus on a few of the items and one was the recall of the mayor. If commissioners are City ofMiami Page 168 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 allowed to be recalled, obviously, the mayor should be allowed to be recalled. Andl think the Mayor agreed with it; as a matter offact, was on the record agreeing with it. It seems like all of us agreed with it. There was a consensus. Andl said, you know, we had a consensus on this, why aren't we bringing it forward. Now in all fairness, I went andl spoke to the City Attorney andl asked her would it be a problem ifI tell Commissioner Suarez that am bringing this forward because we -- you know, it's something that we had consensus across-the-board and with the Mayor, you know. I think it's a matter of fairness. And she said, Commissioner, my suggestion is no, that you do not discuss with Commissioner Suarez because of you know, any violation of the sunshine law. So I couldn't reach out to you, Commissioner Suarez. I did reach out to the Mayor andl spoke to him and the Mayor had no issue with it. So I brought it forward and instead of getting it murky and stuff like that, I thought, let's use the state statute, which is the same as the Commission. So whatl wanted to do was follow what the state statute was, which is the same as the Commission. Now I understand that the state statute differentiates between district elections and an at -large election. So although I am bringing it forward, I think that, you know, I would like to do some type of amendment or adjustment, you know, to make it exactly like the City Commission, not just state statute but follow City Commission. So, you know, that is something that I am bringing forward. And again, you know, like the others, I look forward, you know, the discussion, what my colleagues think. I think, realistically, there really shouldn't be much discussion because it -- I mean, there was practically none in the past. It was pretty straightforward. Every -- there was consensus, you know. I spoke to the Mayor about it. He agreed. As a matter offact, Mr. Mayor, out of courtesy to you, I spoke to you about this even before I put it in the agenda. And at the time, I really wanted to reach out to Commissioner Suarez andl already stated what happened. So I'm bringing it before this body once again for discussion andl welcome any of your comments. Chair Suarez: Mr. Mayor. Mayor Tomas Regalado: Just make a comment, and thank you. I -- this is very healthy and interesting dialogue. Yes, I have gone on the record -- not when Commissioner Carollo asked me, but many times -- that the fact that the mayor cannot be recalled in the City ofMiami is an anomaly and that the mayor should be recalled, like commissioners should be recalled, andl said that. What I didn't know because I never read -- I was not brief in any of these Charter proposals until Wednesday, yesterday, by the City Attorney. What we didn't know, the City Attorney or I, is that this will -- this, as presented to you, will create a lot of confusion with the voters because the same day that you have the recall, you have an election for mayor, so you have many people doing campaigning, and the question is, how many days you campaign to become mayor if, you know, the other mayor is recall. Andl think, you know, it's not fair to the people ofMiami to have this kind of confusion. I'm just the 33rd mayor and Miami is going to be forever. It's not going to be under water, Marc, hopefully. Commissioner Carollo: He said only Brickell. Mayor Regalado: And there will be more mayors and they should be subjected to the recall -- Chair Suarez: Absolutely. Mayor Regalado: -- as exactly the commissioners -- Chair Suarez: Absolutely. Mayor Regalado: -- and that was my point. Commissioner Gort: Well, my understanding is the recall by the state is the mayor gets recall but he does not have an opportunity to run for reelection. City ofMiami Page 169 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mayor Regalado: No, because the same day, Commissioner, is election for -- Commissioner Gort: So that's what's got to be the change -- Mayor Regalado: -- mayor and can -- Commissioner Gort: -- taking place. Mayor Regalado: -- he cannot be -- or he and she cannot be a candidate, which is very confusing for the voters. Commissioner Carollo: And Mr. Chairman, ifI may. Chair Suarez: Yeah, of course. Commissioner Carollo: The state statute actually differentiates -- it doesn't say mayor -- it actually differentiates from district elections or district elected officials to at -large. So the mayor's considered at -large -- Chair Suarez: Of course. Commissioner Carollo: -- so that's why it was the difference. So you know, if the City Attorney guides me -- and, again, we have two weeks now that before we thought we didn't have and we could change the language for it to be exactly like the City Commission. Commissioner Spence -Jones: Commissioner Carollo -- Chair Suarez: Yes. Commissioner Spence -Jones: -- Mr. Chairman. Chair Suarez: Yes. Commissioner Spence -Jones: I think -- just chiming in on what the Mayor's saying now, I do think that it will cause confusion in the November election because I know that there's at least two mayoral elections that's happening from city -- from a citywide perspective. I think this is -- even though I know the Chairman has vetted this process, as he said, out with his sunshine meetings and you guys were all a part of it, I still think it's one of those items if we feel like it's going to create some confusion, let's say -- let me finish -- with Carlos Gimenez, 'cause I'm assuming that's the only mayoral race that would be countywide that people perhaps can get confused on, it just seems like this still needs to be vetted out as well just because we're now adding additional things that we may need more clarity on. So I'm just going to make the same suggestion that this becomes another one of those discussions that is further discussed in the sunshine meetings to make sure that we understand it 'cause I don't think we're going to have a consensus on this tonight as well. Chair Suarez: May I? Commissioner Spence -Jones: Yes. Commissioner Suarez: Thank you. Commissioner Spence -Jones: Of course. Chair Suarez: Thank you. I don't want to go too long on this one, but -- City ofMiami Page 170 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: Please don't. Chair Suarez: -- I try. When I drafted the strong mayor proposal, this was one of the three components in the strong mayor proposal. It was done cohesively so that -- because the Mayor's office was being strengthened. The Commission was also being strengthened by taking back the power to name its chairman. And so I thought it was fair that this anomaly that was created when the City Attorney opined that the Mayor could not be recalled needed to be fixed. Now, while I did most of the drafting on it and I spent many, many months drafting it, when I got to the recall portion, I simply plugged in the state statute so that when I presented it to you with plenty of time to debate and modify, there wasn't a hole in my idea. In other words, I was giving you three ideas andl wanted to back it up with language, even if it wasn't the ideal language, okay. So what I'm trying to say is the Florida Statute, even though it was drafted in the initial proposal, isn't -- I always expected that it would be modified. Now I expected that we would have a lot of debate on the strong mayor initiative, that we would actually go through processes like this over many, many months or -- and many, many Commission meetings and we would hammer out what is the procedure that makes the most sense. I -- again, aside from the confusion on the ballot, which I agree with, I think asking the City Attorney to create a procedure from today 'til Tuesday, okay, that we have to then digest from Wednesday to Thursday to change our Charter is not prudent. It's not deliberate. It's not prudent andl can't support it. It's not that don't -- obviously that I don't think this is a good idea. I'm the one that created the idea, so of course I think it's a good idea. I just don't think that the vehicle that it's -- Commissioner Spence -Jones: You don't think that it's a good idea 'cause you created it, though, right? Chair Suarez: No. I think it's -- I think the idea that I brought forth -- Commissioner Spence -Jones: It's a joke. Chair Suarez: -- was a good idea. Commissioner Spence -Jones: It was a joke. Chair Suarez: I think the idea that I brought forth originally was a good idea and this was one component of it because an issue had been raised when the City Attorney opined andl think the labor unions wanted to recall the Mayor and the City Attorney opined that it could not happen, that it could not be done. So you know, I thought, you know, that's really unfair. If we can be recalled, why can't the Mayor be recalled? And so I kind of incorporated that into the package of ideas. But I knew that it was going to need a lot of massaging and drafting and consideration to create the procedure and I just don't think there's sufficient time to do it. We could have done it -- and by the way, with all due respect to the Commissioner, you know, he says he couldn't communicate with me, which is right. He shouldn't be able to communicate with me outside of the sunshine, but as I did a sunshine meeting for my Charter amendment, he could have done a sunshine meeting many, many months ago and said, you know what, let's resurrect your component of the strong mayor, one of the ones that we think we all agree on. Let's debate it and let's -- you know, let's get a procedure and that never happened. Commissioner Spence -Jones: Okay, so -- Chair Suarez: So you know, that's the part -- Commissioner Spence -Jones: So Mr. Chairman, can I just ask --? Commissioner Carollo: And -- City ofMiami Page 171 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: Yes. Commissioner Carollo: -- it goes to something that you said before. As far as what the Mayor said, confusion, well, the confusion that he's saying was with regards to how using the state statute. However, the confusion is not if you put it exactly as the Commissioners. What he's saying is the confusion will cause if we go with what it is as written because it's different for district -wide -- a district seat to an at -large. That will be confusing because the election for the recall will be the same day as the election for Mayor. Commissioner Spence -Jones: Right. Commissioner Carollo: And that's would be -- that's what would be confusing. Commissioner Spence -Jones: Well, I think it's probably both things. I think that -- Chair Suarez: I think it's both. Commissioner Spence -Jones: -- if it's going to be on the November ballot, this recall provision or this ballot -related issue, I thought that what the City Attorney was also trying -- I mean, at least the point that he was trying to make was that if I, as a Miami -- a City ofMiami resident go in and I'm having to vote on these various -- Commissioner Carollo: That wasn't his argument. His argument was that as it's written right now -- Commissioner Spence -Jones: Is that -- was that part of your argument? Chair Suarez: There's two separate arguments. Mayor Regalado: I'm sorry? Commissioner Spence -Jones: Was that part of the argument? Mayor Regalado: I'm sorry. I wasn't -- Commissioner Spence -Jones: Was that part of the argument that a City ofMiami resident will go in and vote and see on the ballot this question regarding recalling the mayor -- Mayor Regalado: Well, I mean -- Commissioner Spence -Jones: -- and get confused about -- Mayor Regalado: -- you said it. Commissioner Spence -Jones: -- which mayor? Mayor Regalado: Well, you have a mayoral election -- well, actually, you don't have a mayoral election in November unless you have a runoff. Commissioner Spence -Jones: Runoff, right. Mayor Regalado: Yes, so we don't know that. You have many, many items of charter reforms from the County that would go before the Charter amendments from the -- City ofMiami Page 172 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: The City. Mayor Regalado: -- City ofMiami and in those include terms of term limits for the Commissioners -- Commissioner Spence -Jones: Yeah. Mayor Regalado: -- and all that. So you are -- you're gambling. Commissioner Spence -Jones: Yeah. Mayor Regalado: But it will be self-serving because I'm now the Mayor to say, no, the mayor should not be recalled. The mayor should be recalled. And it's a policy decision whether to put it on the ballot in November or wait for the next cycle. That is a policy decision of the legislative body. The confusion that I was saying is that it -- for South Florida, it's unheard that you have a recall and on the same day, you have an election to substitute the person that will be recall. And we understand it's the state statute and all that, but the -- Commissioner Carollo: That's the confusing part. Mayor Regalado: -- fact of the matter is that the City ofMiami, I believe, is the only city now in the state of Florida, or for that matter, in South Florida, that has this kind of government. Either a Commission, manager with mayor be member of the Commission or a strong form of mayor government. And by the way, we did some research and the strong mayor form of government is not new to this dais because in September 5, 1984, the City Commission approve an ordinance to present to the voters the change in the Charter and create a strong mayor form of government. But the Commission called a special meeting the next day and it was rejected, so it was quicker. And then on May 23 and June 3, first and second reading of the same year, an ordinance was drafted to go to the ballot. But on July 25, a year later, it was rescinded. So it was -- you know, and there is a history, and Willy was here andl was here when the executive mayor was -- which, by the way, it was presented to the voters as the strong mayor form of government, the executive mayor form of government. But it is a policy decision whether to do it this or the next election cycle. My only concern was the confusion. But do I agree that the mayor should be recall? Absolutely, 101 percent. [Later..] Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Yeah. Mayor Tomas Regalado: But I just -- Commissioner Spence -Jones: I definitely -- we should definitely should take those -- Chair Suarez: Sure. Commissioner Spence -Jones: -- considerations in the next -- Chair Suarez: We'll take it into consideration. Commissioner Spence -Jones: I just want to make sure on the item that we're talking about now, at least -- you guys can continue to debate on it, but I at least wanted to make sure that my fellow colleague knows that on this last item -- I'm just speaking from D5 (District 5) standpoint -- I'm not all that comfortable with voting on this item. And from -- you guys -- at least you'll know City ofMiami Page 173 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 what my viewpoint is, but you know, I would suggest that, you know, you continue to work on it, and again, make that a part of your sunshine meeting, but it's up to you guys to decide that but -- Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Mayor Regalado: And ifI may -- Commissioner Carollo: There's no more work that needs to be in this item. This was something that it was clearly a consensus when it was brought up "X" number of years -- I'm sorry, "X" number of months ago. We discussed it with regards to the recall. I know that it's on the record. I even mention I think we have a consensus with regards to -- Commissioner Spence -Jones: I don't think was involved in that discussion. Commissioner Carollo: You know -- Commissioner Spence -Jones: I know I wasn't, but it's okay. I just wanted to make sure you guys knew how -- Commissioner Carollo: I understand. Commissioner Spence -Jones: -- what my viewpoint -- y'all can continue to debate it but -- Chair Suarez: Oh, we'd love to. Commissioner Carollo: And again, that was the consensus of this Commission. If you know, you had a change of heart, then, again, that is fine. I still do believe that, you know, it is unfair that you can recall a commissioner and a -- Chair Suarez: Of course. Commissioner Carollo: -- sitting mayor cannot be recalled. There's no massaging this anymore. I've already said, hey, it should be exactly the way that a commissioner's recalled. There's no more massaging it. If there is a change of will now, so be it, you know. Bring it back later or not or we could vote on it and we could vote it up or down, but I think realistically that, you know, the mayor should be allowed to be recalled, andl really thought this was a slam dunk. And I'll be honest with you, I've been asked about these three amendments andl said, you know, the one that I'm least concerned about, thatl least am focusing on is this one because there was a clear consensus and it's -- and listen, it's on the record. There was a clear consensus. Commissioner Spence -Jones: But when you say clear consensus, on my end, it was -- I didn't really have a clear consensus. Commissioner Carollo: All I could tell you is that when we discussed it, you know -- I don't know if you were sitting there or not but -- and you know, there was many times that it was stated, listen, it seems like some of these items, especially the ones that there seems to be a clear consensus, that there is a clear consensus, the recall of the mayor -- andl forgot what were the other ones -- doesn't have to go combine, commingled with the strong mayor. They could go on their own. Chair Suarez: Of course. Commissioner Spence -Jones: You did mention that. I'm not saying -- City ofMiami Page 174 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: Yeah, and it seemed like everyone was fine with it. Commissioner Spence -Jones: Yeah, but you mentioned that, but that didn't mean that we had hammered out this particular item. Chair Suarez: Of course. Commissioner Spence -Jones: But it's okay. I just want to make sure if you're making a vote, then I will give my vote. But if you're withdrawing, then I will second your withdrawal. Commissioner Carollo: You know, it -- Commissioner Spence -Jones: Whatever you choose, I mean. Commissioner Carollo: Yeah. In this case, realistically, you know, I want to listen to my colleagues. I mean, there was a clear consensus. You don't believe that the mayor should be recalled then, Commissioner Gort? Commissioner Sarnoff, you haven't spoken on this item, you know. I know on the record the Mayor stated that, you know what, this should have been done back in '97. Chair Suarez: It should. It should have been -- Commissioner Carollo: Yeah. It should -- Chair Suarez: -- done in '97. Commissioner Carollo: -- have been done back in '97. Chair Suarez: That's true. Commissioner Carollo: So prolonging this when it appears the Mayor's okay with it, it appears like there was a clear consensus, you know, whatever the will of this Commission is, but -- Chair Suarez: I -- let me just say because -- Commissioner Carollo: -- as far as bringing it back to the drawing board and massaging it more, realistically, I don't know how much more we can massage it. Chair Suarez: Commissioner, I appreciate you bringing this. This was one of the components of my initiative, andl appreciate you bringing it to the Commission. I think we could have -- you could have brought it in a sunshine meeting. We could have discussed it and we could have worked out the details. We didn't do that. I could tell you that in my sunshine meeting when I first called a sunshine meeting, I didn't have the legislation with me. I brought it -- I had an outline of what the idea was andl wanted to first -- let me finish -- present my idea and get your reactions to it. And you specifically said -- andl can get the transcript of that sunshine meeting -- I like some components of it, but can't commit to anything because I haven't read it. I haven't read the language. Commissioner Carollo: Right, right. Chair Suarez: Right. Commissioner Carollo: At the sunshine meeting. City ofMiami Page 175 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: Right. Commissioner Carollo: And after the sunshine meeting, we had a Commission meeting where we actually discussed it, andl do have the transcripts of that where I have mentioned it andl didn't say, oh, I haven't looked at it. We clearly stated several times that there was a consensus with -- regarding to the recall. Vice Chair Sarnoff Mr. Chair. Commissioner Carollo: It was stated. Chair Suarez: Yes. Vice Chair Sarnoff Can I speak on this? Chair Suarez: Of course. Vice Chair Sarnoff First, I want to clam the record the Mayor may have said. I think he meant to say that he should be able to be recalled, not that he should be recalled. Chair Suarez: I think so. Vice Chair Sarnoff And -- Commissioner Carollo: And that's a good correction, so thank you, Commissioner Sarnoff. Vice Chair Sarnoff Right. And he said it about Commissioners, andl just think he meant to say that andl want to clam the record for the Mayor. Now when I first read this, I went right to Wisconsin, the idea of the Wisconsin recall. And I'm not a big recall guy. I'll go on the record. I don't know that they really serve the purpose of what they're intended to do, but there has to be a procedure in place, no two ways about that. I -- I'm kind of a purist when it comes to recalls. And that means, should you recall a commissioner, should you recall a mayor is a question that should be answered by the electorate because you are suggesting he has done something wrong and you are disenfranchising those people who voted for him or her in that election. So I'm a big proponent of the standalone vote. It's more expensive. It's more consuming, but you are dis -- you're doing two things. You're taking away a vested right of a person, and you are taking -- you are disenfranchising voters who thought they had voted for somebody. So I do support -- if we have time to get this on -- if the procedure is identical to that of a Commissioner -- and I'd like the City Attorney to confirm it is a standalone issue for the Commissioners, correct? Should Commissioner Joe Smith be recalled goes to the electorate in his district, right? Julie O. Bru (City Attorney): Right. The problem is the -- not the process for getting the signatures and all that. The problem is is how you hold the election to fill the vacancy because there's a distinction between how you do it if it's an elected official that runs at -large versus how you do it if it's an elected official that's district. Vice Chair Sarnoff I understand. What I don't think is fair is for a man or a woman to run against somebody else and now it's a popularity contest which is, well, you know, I voted for that guy a year ago, but don't like a couple of things he's done. And now he's running against this other guy. I wish he ran the first time. And now I'm voting for that guy. When the question I should be asking myself is, I'm about to disenfranchise the vote of a properly held election, and I'm about to take away the rights of some people who voted for this man. I'm about to take away that man or woman's right to be an office holder, and that question should be answered in and of itself and then the procedures necessary to install a new person I believe are still in the Charter and it's -- the Commission makes a decision whether they will appoint somebody or whether they City ofMiami Page 176 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 will elect somebody. Andl do remember when we had to deal -- I'm sorry she's not here -- but when we had to deal with Commissioner Spence -Jones's vacancy as to whether we were going to go through an election or whether we go through appointment. And at that time, we were very sure of ourselves that we needed to have an election and not appoint anybody. So you know, I'm actually going to support you on this. Commissioner Carollo: I hear you. Vice Chair Sarnoff I actually think that as long as it is the same procedure that the Commissioners go through and it is a standalone recall, then I can support that andl can certainly read that and understand it by Tuesday. Chair Suarez: And let me tell you. I, you know, will definitely keep an open mind on it because if it is something thatl can understand and digest by Tuesday, then I will also keep an open mind on it. But -- let me just finish -- I think -- and part of the reason why I put it into the strong mayor initiative is because it can be confusing and it can be confusing in a variety of different ways. One is, it could be confused that you're trying to recall the mayor that's running in that election. For example, what Commissioner Spence -Jones said, which is people get confused that you're trying to recall the County mayor, okay, in the same election. It can be confused as to people thinking that you are trying to recall the current mayor when that's not what you're doing. What you're doing is you're giving the city the authority to recall, or you're creating a recall procedure. Vice Chair Sarnoff But that'll always be present. Chair Suarez: I'm sorry? Vice Chair Sarnoff That second situation will always be present. Chair Suarez: Not necessarily because when you package it into a larger reform, it's a different thing. You're changing the system of government. And one of the things that you're doing in that change of system of government is that because you're strengthening the Office of the Mayor, you are allowing for him to be recallable. That's the way I looked at it. I -- believe me, I considered it very, very, you know -- Vice Chair Sarnoff I got you. Commissioner Carollo: Chairman Suarez. Chair Suarez: Yes, of course. Commissioner Carollo: I could say in, you know, reading off the minutes, you know, Mayor Regalado really thought that a mayor should be accountable, whether it's an executive mayor, whether it's a strong mayor or whether it's a weak mayor. You know, he should be -- it should be accountable. And I'm reading off the minutes. I'm also reading -- and again, it wasn't the sunshine meeting. It was actually the Commission meeting where we discussed this -- Chair Suarez: The discussion item that I brought. Commissioner Carollo: Right, right. So -- and right here I clearly see where, you know, we have a consensus on two items, dah, dah, dah. Yes, right. Yes, I agree. You know, so the consensus is there. Listen, I don't mind deferring this 'til the next Commission meeting so we could draft -- Commissioner Gort: No, you have to. City ofMiami Page 177 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: -- the language to be specific. Instead of saying Florida State Statute -- Commissioner Gort: Yeah, you have to. Commissioner Carollo: Yeah. Commissioner Gort: You have to because this one, the way it's written -- Commissioner Carollo: Right. Commissioner Gort: -- it doesn't work. Commissioner Carollo: What the Mayor said is confusing, so instead of saying -- Commissioner Gort: No. He doesn't get -- he gets recalled, but he doesn't get a chance to (UNINTELLIGIBLE) -- to run. Commissioner Carollo: Understood, understood. Commissioner Gort: Okay. Commissioner Carollo: So what I'd like to do is defer this item, so I make a motion to defer until July 26 -- Todd Hannon (Assistant City Clerk): Chair. Chair Suarez: Yes. Mr. Hannon: Madam City Attorney, did we want to do the same thing that we did with, I believe it was RE.10? Commissioner Carollo: Yes. Chair Suarez: If we have a chance to -- yes. If we're going to have a chance to even consider this thing on the next Commission meeting, we have to do that. Commissioner Carollo: Yes. Chair Suarez: So your motion is withdrawn and you're -- Commissioner Carollo: My motion is withdrawn. Chair Suarez: -- going to make another motion. Commissioner Carollo: Andl move to approve RE.13. Chair Suarez: There's a motion to approve -- Vice Chair Sarnoff. Second. Chair Suarez: -- RE.13. There's a second by the Vice Chair. All in favor, signifi, by saying aye. ". The Commission (Collectively): Aye. City ofMiami Page 178 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: And again, I reserve the right to vote -- Commissioner Carollo: I understand. Chair Suarez: Right. RE.14 RESOLUTION 12-00765a City Commission A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. _; AMENDING SECTION 4 ENTITLED "FORM OF GOVERNMENT; NOMINATION AND ELECTION" TO AUTHORIZE THE RECALL OF THE MAYOR USING THE PROCEDURES OF SECTION 100.361 OF THE FLORIDA STATUTES; CALLING FOR AND PROVIDING THAT CHARTER AMENDMENT NO. WILL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD ON NOVEMBER 6, 2012; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. 12-00765a Legislation (Version 2).pdf 12-00765a Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Vice Chair Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: Item RE.14 was deferred to the July 26, 2012 Commission Meeting. Commissioner Carollo: And now I make a motion to defer RE.14 until the July 26 meeting. Vice Chair Sarnoff Second. Chair Suarez: There's a motion to defer RE.14. There's a second. Commissioner Carollo: And direct the -- Commissioner Gort: Second. Commissioner Carollo: -- City Attorney to -- Chair Suarez: No. That was the last one. We directed on the last one, on RE.13. Commissioner Carollo: Right, but -- Chair Suarez: You want to --? City ofMiami Page 179 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: I got you. Okay, got you. Chair Suarez: You okay? Okay. All in favor, signift by saying "aye. " The Commission (Collectively): Aye. Chair Suarez: Meeting adjourned. Vice Chair Sarnoff Do your directive. No, do your directive. Go ahead. Do your -- all right. Chair Suarez: What's that? I'm sorry. You want me to -- you want to reopen it back up? Vice Chair Sarnoff (UNINTET,T IGIBT ,F) directive on the record. Commissioner Carollo: No. I mean -- Chair Suarez: She put -- Vice Chair Sarnoff Did you understand his directive? Julie O. Bru (City Attorney): Well -- Chair Suarez: No, no, no, no. You know what, let's sit down. Let's get it right. Vice Chair Sarnoff Right. Chair Suarez: Let's get it right. Vice Chair Sarnoff Did you understand his directive? Ms. Bru: Okay, the directive that understood or that understand is that you're trying to have a procedure that the recall will be the same for the commissioners as it is for the mayor. Let me caution you so that you don't get your expectations up. There will always be a situation where there could be a different procedure for filling a vacancy for the commissioners than the mayor because under the state scheme, if there's only one commissioner being recalled, then you can fill the vacancy using the procedures that we have in the Charter, which is appoint or election. If there is two commissioners or more being recalled, you will have to use then the procedure that's in the statute, which is the judge calls for an election. A judge calls for an election. There is no possibility of appointment. And then for the mayor, it would be whatever we say it to be, which I understand from you that you want him to be -- the vacancy to be filled with our procedures, which is appoint or election, so there's -- Vice Chair Sarnoff Right. Commissioner Carollo: Right. Vice Chair Sarnoff Right. Chair Suarez: And my point is that we should have had more time to debate. Whatever you come up with between now and then, we should have had more time to debate it. Can I adjourn now, guys? Vice Chair Sarnoff Yes. Commissioner Carollo: Yes. City ofMiami Page 180 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: Adjourned. END OF RESOLUTIONS ES -EXECUTIVE SESSION 2:00 P.M. ES.1 EXECUTIVE SESSION 12-00751 Office of the City UNDER THE PARAMETERS OF §286.011(8), F.S. THE PERSON CHAIRING Attorney THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASES OF: IN RE WAGNER SQUARE, LLC, CASE NO.: 12-20659-LMI; AND IN RE WAGNER SQUARE 1, LLC., CASE NO.: 12-24697-LMI, BOTH PENDING IN THE UNITED STATES BANKRUPTCY COURT, SOUTHERN DISTRICT OF FLORIDA, IN WHICH THE CITY HAS APPEARED TO PROTECT ITS INTERESTS. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND WILL CONCLUDE APPROXIMATELY ONE (1) HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN FRANCIS SUAREZ, WIFREDO GORT, MARC SARNOFF, FRANK CAROLLO, AND MICHELLE SPENCE-JONES; THE CITY MANAGER, JOHNNY MARTINEZ; THE CITY ATTORNEY, JULIE O. BRU; DEPUTY CITY ATTORNEY, WARREN BITTNER; AND ASSISTANT CITY ATTORNEYS KEVIN JONES, NINOSHKA REYES, AND ROBIN JONES-JACKSON; AND OUTSIDE COUNSEL, CHARLES THROCKMORTON, ESQ., AND DAVID SAMOLE, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 12-00751 Memo - Office of the City Attorney. pdf 12-00751 Notice to the Public.pdf DISCUSSED (ES.1) RESOLUTION 12-00751a Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), SUBJECT TO THE WITHDRAWAL WITH PREJUDICE OF THE GARNISHMENT PROCEEDINGS DIRECTED AGAINST THE CITY OF City ofMiami Page 181 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 MIAMI AND SUNTRUST BANK PENDING IN THE LAWSUIT STYLED, JACKSON SQUARE, LLC VS. WAGNER SQUARE, LLC AND WAGNER SQUARE I, LLC, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 09-60042 CA25, APPROVING THE SETTLEMENT AGREEMENT BETWEEN DREW M. DILLWORTH (TRUSTEE OF THE BANKRUPTCY ESTATE OF WAGNER SQUARE, LLC), THE CITY OF MIAMI, DEBRA SINKLE KOLSKY (AS TRUSTEE FOR THE DEBRA SINKLE KOLSKY TRUST), JACKSON SQUARE, LLC, REDEVCO CIVIC CENTER, LLC, WAGNER SQUARE I, LLC, AND WAGNER SQUARE III, LLC, DATED JULY 10, 2012, ATTACHED AND INCORPORATED BY REFERENCE, FULLY RESOLVING THE RELATED CASES STYLED, IN RE WAGNER SQUARE, LLC, CASE NO.: 12-20659-LMI, AND IN RE WAGNER SQUARE I, LLC, CASE NO.: 12-24697-LMI, BOTH PENDING IN THE UNITED STATES BANKRUPTCY COURT, SOUTHERN DISTRICT OF FLORIDA, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE SAID APPROVAL. 12-00751 a -Legislation. pdf 12-00751a-Memo-Scrivener's Error. pdf 12-00751 a-Exhibit-SUB.pdf Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0252 Chair Suarez: Good afternoon, ladies and gentlemen. I just would like to announce that we will now move into the executive session, item ES.1, scheduled for 2 p.m. Before we recess for the executive session, Madam City Attorney has a statement that needs to be made on the record. Julie O. Bru (City Attorney): Mr. Chair. Chair Suarez: Yes. Ms. Bru: Okay. On June 28, 2012, under the provisions of Section 286.011, subsection 8, Florida Statutes, the City Attorney requested that this Commission meet in private to discuss pending litigation in the related cases of Wagner Square, T,T C (Limited Liability Company), case number 12-20659-LMI, and Wagner Square I, T,T C, case number 12-24697-LMI. These -- both of these cases are pending in the United States Bankruptcy Court, Southern District of Florida. This Commission approved my request and now, at approximately 2 o'clock, we're going to commence a private attorney -client session under the parameters of the statute that I previously mentioned. This private attorney -client session will conclude, I believe, at approximately 3 p.m. At which time the regular City Commission will resume. The session will be attended by members of the Commission: Chairman Francis Suarez, W fredo Gort, Marc Sarnoff, Frank Carollo, and Michelle Spence -Jones; the City Manager, Johnny Martinez; the City Attorney; the Deputy City Attorney, Warren Brittner [sic]; Assistant City Attorneys, Kevin Jones, Ninoshka Reyes, Robin Jones -Jackson, and outside counsel Charles Throckmorton and David Samole. And we're going to have a certified court reporter who will be present to ensure that the session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. Thank you. Chair Suarez: Thank you, Madam Attorney. We will now -- the Commission will now stand in recess. Thank you. And if somebody could lower the temperature in this room, 'cause I've gotten City ofMiami Page 182 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 several people that have complained about it. [Later... Chair Suarez: Folks, the executive session has concluded and the Commission has reconvened the public meeting. We have a quorum. Apparently, there are two items associated with ES.1. There's one? There's only one, he says. So I think we should have a full body before we take action on ES.1. Okay, we'll wait. Do you want to do RE. 6 quickly? Commissioner Gort: Full body. Chair Suarez: Oh, no, we got full body, okay. ES.1. Mr. Bittner, you're recognized. Warren Bittner (Deputy City Attorney): A resolution of the Miami City Commission, subject to the withdrawal, with prejudice, of the garnishment proceedings directed against the City of Miami and Sun Trust Bank, pending in the lawsuits styled Jackson Square, LLC versus Wagner Square LLC and Wagner Square I, T,T C, pending in the circuit court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Florida, case number 09-60042 CA-25, approving the settlement agreement between Drew M. Dilworth, trustee of the bankruptcy estate of Wagner Square, T,T C, the City ofMiami, Debra Sinkle Kolsky as trustee for the Debra Sinkle Kolsky trust, Jackson Square, T,T C, Redevko Civic Center, LLC, Wagner Square I, T,T C, and Wagner Square III, T,T C, dated July 10, 2012, attached and incorporated by reference, fully resolving the related cases styled in re Wagner Square, T,T C, case number 12-20659-LMI and in re Wagner Square I, T,T C, case number 12-24697-LMI, both pending in the United States Bankruptcy Court, Southern District of Florida, and authorizing the City Manager to execute any and all documents necessary to effectuate said approval. Chair Suarez: Is there a motion? Commissioner Gort: Move it. Commissioner Spence -Jones: Second. Chair Suarez: Moved by Commissioner Gort, second by Commissioner -- the Vice Chair. All in favor, signift by saying iiye. " The Commission (Collectively): Aye. Commissioner Spence -Jones: Mr. Chairman, I just want to say in closing, I want to acknowledge quickly Warren and Sasha and George for their very hard work on this matter. I don't know if I've mentioned anybody else. Mr. Bittner: Robin Jackson. Commissioner Spence -Jones: Where's Robin? Robin. I think it's important to acknowledge them. They did a lot to straighten out a very difficult situation, and then the firm that we have as well. Julie O. Bru (City Attorney): And Kevin. He's in trial (UNINTELLIGIBLE). Commissioner Spence -Jones: Okay, and Kevin as well. And the firm that represented us in this as well. So I wanted to at least tell you guys congratulations, job well done. Mr. Bittner: Thank you, Commissioner. Commissioner Gort: Here, here. It's been a long battle. I agree with you. City ofMiami Page 183 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 END OF EXECUTIVE SESSION BOARDS AND COMMITTEES Chair Suarez: Is there a motion to defer the rest of the BC (Boards and Committees) items? Commissioner Carollo: Yes. Vice Chair Sarnoff Second. Commissioner Spence -Jones: Second. Chair Suarez: Motion by Commissioner Carollo, second by the Vice Chair. See, I told you this was more efficient. All in favor, signift by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: Clerk didn't agree with me, but I've had this huge discussion with Todd about these things. BC.1 RESOLUTION 12-00286 Office of the 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.p Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. City ofMiami Page 184 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 BC.3 12-00289 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: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION Office of the 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. BC.4 12-00639 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: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION Office of the 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: 12-00639 EAB CCMemo.pdf 12-00639 EAB Current_Board_Members.pdf NOMINATED BY: Commissioner Wifredo (Willy) Gort Commissioner Michelle Spence -Jones City ofMiami Page 185 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 BC.5 12-00287 Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 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. 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: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.6 RESOLUTION 12-00288 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Stephen Petty City Manager Johnny Martinez 12-00288 Finance CCMemo.pdf 12-00288 Finance Current_Board_Members.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0257 Chair Suarez: Okay. Is there a motion to defer all the other BC (Boards and Committees) items? City ofMiami Page 186 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 BC.7 12-00339 Johnny Martinez (City Manager): Mr. Chair. Commissioner Carollo: So moved. Chair Suarez: Wait. Mr. Martinez: I have two appointments. Commissioner Spence -Jones: Okay. Chair Suarez: Okay. Mr. Martinez: BC. 6, appointing Steve Petty to the Finance Committee. And -- Chair Suarez: Is there a motion? Vice Chair Sarnoff So moved Commissioner Carollo: So moved. Commissioner Spence -Jones: Second. Vice Chair Sarnoff Second. Chair Suarez: Motion by the Vice Chair, second by Commissioner Carollo. All in favor, sign by saying iiye. " The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST FOR A TERM AS DESIGNATED HEREIN. 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: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City ofMiami Page 187 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 BC.8 11-00997 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. APPOINTEES: NOMINATED BY: Chairman Francis Suarez Vice Chairman Marc David Sarnoff Commissioner Frank Carollo 11-00997 Health CCMemo.pdf 11-00997 Health Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones BC.9 RESOLUTION 12-00434 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. BC.10 12-00642 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: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION City ofMiami Page 188 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HOUSING AND COMMERCIAL LOAN COMMITTEE FORA TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: NOMINATED BY: Stephen Petty 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 ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0258 Johnny Martinez (City Manager): And BC.10, appointing Steve Petty to the Housing and Commercial Loan Committee. Commissioner Carollo: Move it. Commissioner Spence -Jones: Second. Chair Suarez: Motion by Commissioner Carollo, second by Commissioner Spence -Jones. All in favor, signift by saying iiye. " The Commission (Collectively): Aye. Commissioner Gort: Question. Chair Suarez: Yes. Commissioner Gort: Do we have a Finance Committee? Chair Suarez: We do. Commissioner Carollo: Yes. Commissioner Spence -Jones: Yeah. Commissioner Gort: Which Finance Committee -- have they met? Because I placed a name of the nominee about a month ago and they haven't received anything. Commissioner Spence -Jones: That's really the Clerk -- Chair Suarez: The Clerk. Todd Hannon (Assistant City Clerk): I can certainly look into that for you, Commissioner Carollo [sic]. Commissioner Gort: I appointed -- City ofMiami Page 189 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: No. Commissioner Gort: -- Alfonso Alvarez. Mr. Hannon: If you don't mind, what I can do is before the end of the Commission meeting, get back to you on that. Commissioner Gort: Okay. Thank you. Mr. Hannon: You're welcome, sir. BC.11 RESOLUTION 12-00436 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL ASAMEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Nathan Kurland Vice Chairman Marc David Sarnoff 12-00436 MSEACCMemo.pdf 12-00436 MSEA Current_Board_Members.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0259 Vice Chair Sarnoff I'd like to also make a motion with this board's approval to appoint Nathan Kurland to the MSEA (Miami Sports & Exhibition Authority) Board. That would be BC.11. Commissioner Spence -Jones: Second. Chair Suarez: Motion and a second. All in favor, signift by saying aye." The Commission (Collectively): Aye. 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 ofMiami Page 190 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 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: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 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 12-00298 PZAB CCMemo.pdf 12-00298 PZAB Current_Board_Members Current_Board_Members.pdf 12-00298 PZAB Applications.pdf 12-00298-Applications-SUB. pdf 12-00298 PZAB CCMemo-SUB.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item BC.13 was deferred to the July 26, 2012 Commission Meeting. Chair Suarez: Okay. Is there a motion to defer all the other BC items? Mr. Hannon: Chair, before the motion is made, if we could go ahead and just defer -- give me one second -- if we could defer PZ.13 [sic] to July 26. Chair Suarez: There is no PZ.13. Mr. Hannon: BC.13. Chair Suarez: BC.13. City ofMiami Page 191 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mr. Hannon: Yes, sir, BC.13, as a Planning, Zoning and Appeals Board. Chair Suarez: But we're deferring all -- Vice Chair Sarnoff. So moved. Commissioner Carollo: Can we just move all of them? Chair Suarez: Okay. I see what -- no, no, because he's saying the next one is in August. So I see what you're saying. We're deferring -- Mr. Hannon: Unless -- if you -- Chair Suarez: I get it. I get it. There's a motion by the Vice Chair to defer BC.13 to July 26. Is that what you want, Mr. Hannon? Mr. Hannon: Yes, sir. If you would like to make appointments at that time or if you would rather wait till September, it's at the will of the Commission. Chair Suarez: I think that's fine, because in September we're going to be in budget. Is there a second? Commissioner Spence -Jones: Second. Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Spence -Jones. All in favor -- Mr. Hannon: I'm sorry, the mover was, sir? Vice Chair Sarnoff. Me, me -- Chair Suarez: The mover was the Vice Chair. Vice Chair Sarnoff. -- me, me, me. Mr. Hannon: Yes, sir. Chair Suarez: All in favor, signifi, by saying aye." The Commission (Collectively): Aye. 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 City ofMiami Page 192 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 BC.15 12-00564 Office of the City Clerk Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Michelle Spence -Jones 12-00300 UDRB CCMemo.pdf 12-00300 UDRB Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Mark Walters (Term ending 4/12/2014) Patrick Range II (Term ending 7/12/2014) NOMINATED BY: Vice Chairman Marc David Sarnoff Commission -At -Large 12-00564 VKBPT CCMemo.pdf 12-00564 VKBPT Current_Board_Members.pdf 12-00564 VKBPT Memo regarding Patrick Range II.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0260 Chair Suarez: I think we should do the boards and committees before -- try to get out the easy stuff before going to the charter amendments. Commissioner Spence -Jones: Are we doing -- are we finished RE.7 or is that taken out? Chair Suarez: No. RE.7 through 14 are all charter amendments. Commissioner Spence -Jones: Oh. Chair Suarez: So what I'm saying is let's do the board and committees. Let's bang that out, get it out of the way before we go to the, you know, more -- Commissioner Spence -Jones: The long stuff. Chair Suarez: -- intense stuff but it's up to you guys. City ofMiami Page 193 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: I'm -- Commissioner Spence -Jones: I'll go with that. Mr. Chairman. Chair Suarez: Yes. Commissioner Spence -Jones: I actually have no board appointees today so -- Chair Suarez: I don't either. Commissioner Carollo: Yeah. Commissioner Gort: Neither do I. Commissioner Carollo: So let's just defer them. Commissioner Spence -Jones: I don't know, but -- Chair Suarez: Wait, wait. Commissioner Spence -Jones: -- Sarnoff may. Chair Suarez: Wait, wait. Vice Chair, do you have -- we could really speed this thing up. Vice Chair -- Vice Chair Sarnofff. I'm sorry. Chair Suarez: -- quick question, none of us here have board appointments. Do you have any board appointments? Chair Suarez: I need to appoint Mark Walters on BC (boards and committees) -- Todd Hannon (Assistant City Clerk): Chair, I'm sorry. Chair Suarez: We're all right, just having a discussion. Mr. Hannon: Okay. Chair Suarez: We're just having a discussion. Go ahead. Vice Chair Sarnofff. BC.15, I'd like to appoint Mark Walters to the Virginia Key Beach Trust. Chair Suarez: Okay. I know you've not traditionally like to do it this way. I don't want to go through all of them. If none of us have appointments except for him on one board, we should be able to just do the one board and then defer the rest. Commissioner Carollo: Yes. Mr. Hannon: Yes, sir. Commissioner Spence -Jones: Do you have to go through them each on the record to say --? Chair Suarez: No. City ofMiami Page 194 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: No. Commissioner Spence -Jones: I want to hear the Clerk -- the sit-in Clerk tell us that for sure. Mr. Hannon: Ma'am, what we'll do is we'll hear Vice Chair Sarnoffs item first and then from there we'll have a motion on all the other items. Chair Suarez: Perfect. Mr. Hannon: I am going to respectfully request that we defer the PZAB (Planning, Zoning and Appeals Board) item. We currently have the application process open for the Planning, Zoning and Appeals Board, andl was looking at trying to make appli -- trying to make appointments to the PZAB during the July 26 meeting. Chair Suarez: Fine. Mr. Hannon: So long story short, Vice Chair Sarnoff, which item would you like to make an appointment to? Chair Suarez: BC.15. Vice Chair Sarnoff Well, I could actually -- if it's the pleasure of this board, I'd like to make three appointments, but the one -- I'll make a motion right now to appoint Mark Walters to the Virginia Key Beach Trust. Mr. Hannon: One moment, sir. Vice Chair Sarnoff You want the page number? Mr. Hannon: Got it right here, sir. Vice Chair Sarnoff Okay. Mr. Hannon: Okay, so I have Vice Chair Sarnoff appointing Mark Walters to the Virginia Key Beach Park Trust. I also have a nomination by the Virginia Key Beach Park Trust for Patrick Range to one of the at -large seats. Is there a motion? Vice Chair Sarnoff I'll make a motion for that. Commissioner Spence -Jones: Second. Chair Suarez: Moved and seconded. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. BC.16 RESOLUTION 12-00487 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: City ofMiami Page 195 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Lucia Perez Mayor Tomas Regalado Charles Pruett Vice Chairman Marc David Sarnoff 12-00487 WAB CCMemo.pdf 12-00487 WAB Current_Board_Members.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0261 Vice Chair Sarnoff And I'd like to -- I have a motion on BC.16, the Waterfront Advisory Board, Charles Pruitt. Chair Suarez: Motion. Commissioner Spence -Jones: Second. Commissioner Carollo: Second. Chair Suarez: Second. All in favor, signift by saying aye." The Commission (Collectively): Aye. Todd Hannon (Assistant City Clerk): One second, Commissioners. Chair Suarez: That's BC.16. Vice Chair Sarnoff BC.16. Mr. Hannon: And the mover and seconder? Vice Chair Sarnoff I was the mover. Commissioner Spence -Jones was the seconder. Chair Suarez: That's right. Mr. Hannon: IfI could throw in with that motion, Mayor Regalado would like to reappoint Lucia Perez. Vice Chair Sarnoff So moved. Commissioner Spence -Jones: Second. Chair Suarez: Wait a second. Are we --? Vice Chair Sarnoff So moved. Chair Suarez: Wait, wait, wait, wait, wait. Don't we have to reconsider 'cause we just made a motion? No. Okay. There's a motion and a second. All in favor, signift by saying aye." The Commission (Collectively): Aye. City ofMiami Page 196 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 DI.1 12-00670 Department of Management and Budget END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DISCUSSION ITEM DISCUSSION REGARDING MILLAGE RATE FOR OPERATING AND DEBT SERVICE BUDGET FOR FISCAL YEAR 2012-13 IN PREPARATION FOR THE MILLAGE RATE ITEM BEING PRESENTED TO THE COMMISSION ON JULY 26, 2012. 12-00670 Summary Form.pdf 12-00670-Submittal-Millage Discussion Scenarios.pdf DISCUSSED Commissioner Spence -Jones: Mr. Chairman, are we going to do DI.1 to get that out of the way, too, Discussion Item 1, which is Danny? Chair Suarez: I think we should try to get as much out of the way before -- Commissioner Spence -Jones: Yes. Chair Suarez: -- we go to the charter amendments, 'cause my guess is those are going to be the ones that are going to be the most contentious. Commissioner Spence -Jones: Well, hopefully -- Chair Suarez: I hope they're not, but they may be. Commissioner Carollo: They don't have to be. Chair Suarez: They certainly don't. Okay, D (Discussion) -- Commissioner Gort: They don't have to, but they do. Commissioner Spence -Jones: They don't have to be. Chair Suarez: DI (Discussion Item) -- they don't have to be -- DI.1. Commissioner Spence -Jones: Believe. Chair Suarez: DI.1. DI.1 is the proposed -- Commissioner Spence -Jones: Danny. Chair Suarez: -- millage rate discussion. Daniel Alfonso (Strategic Planning, Budgeting and Performance): Good afternoon, Commissioners. Danny Alfonso, budget director. Do you have the information that gave to your offices about the various millage rates? Chair Suarez: Yes, I do. City ofMiami Page 197 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mr. Alfonso: Okay. Basically, what we're looking for is to let you know what the current millage rate is. Obviously, you know what the current millage rate is, 7.571, with debt service millage of .93. There's a couple of options that we have on how we can proceed for next year's budget. We're looking at one option that is maintaining the overall millage rate flat at 8.501, and that would mean that the required debt service millage would be reduced slightly and the operating millage would be increased slightly. That would give the general fund operations 833, 700 additional funding. The other option is to maintain the operating millage flat and reduce the debt service millage, therefore reducing the overall City rate by .031 mills to 8.471. And then the other scenario is rollback, which is going to be rather difficult. It would require reducing $13.151 million additional from next year's budget. So we sort of wanted to have a discussion for -- Chair Suarez: What's the Administration's recommendation? Commissioner Spence -Jones: Yeah, what's the Administration's? Mr. Alfonso: The Administration's recommendation at this time is to go with the scenario that keeps the operating millage at 7.571 and reduces the debt service millage to .9, thereby reducing the overall millage to 8.471. Chair Suarez: So without getting into the technicalities of whether -- how we have to advertise it, the fact of the matter is, our tax rate is going down? Mr. Alfonso: The overall City tax rate would go down slightly, yes. Chair Suarez: Okay. Okay, just want to know. It's a discussion item, right? Mr. Alfonso: Yes. Chair Suarez: Does anybody have any questions? Commissioner Spence -Jones: I just -- so Danny, so you -- you're choosing scenario 2 -- Mr. Alfonso: That is correct, Commissioner. The Administration's -- Commissioner Spence -Jones: -- over scenario 1 ? Mr. Alfonso: -- recommend -- yes, Commissioner. The Administration's recommendation is scenario 2. Commissioner Spence -Jones: So I'm just curious. So in scenario 2 it shows -- it show a negative in there? Mr. Alfonso: Scenario 2 would generate $833, 700 less than scenario 1 to the general fund. Commissioner Spence -Jones: And Danny, you don't want to -- we don't need money? I'm just -- maybe I'm just lost. Mr. Alfonso: Well -- Commissioner Spence -Jones: So the reason why -- I mean, this is a discussion item so -- Mr. Alfonso: Yes, ma'am. City ofMiami Page 198 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: -- we're not voting on anything. But I just know you, Danny, you know. This is very strange that you're saying you don't want any money. Can you --? Commissioner Gort: Danny's been able to find funds in other places. Commissioner Spence -Jones: Is that what it is? Commissioner Gort: Yes, ma'am. He's been working at it. Commissioner Spence -Jones: Danny. Mr. Alfonso: Commissioner, I think that the scenario 2 is a scenario that the leaves the operating millage static -- Commissioner Spence -Jones: Yes. Mr. Alfonso: -- reduces the overall debt service slightly, and generates $210.4 million of revenues to the general fund, which is approximately $3.3 million more than we had the current year. Commissioner Spence -Jones: Okay. So it's just a discussion, though. Mr. Alfonso: It's a discussion. Commissioner Spence -Jones: Okay. Thank you, Danny. Mr. Alfonso: You're welcome. Chair Suarez: Any questions, Vice -- Commissioner? Commissioner Carollo: Yes, Mr. Chairman. It's going to pretty much piggyback on my discussion item, so since we're already speaking about this, you know, heck, I might as well say it now. Last year, if you recall, I requested -- because we're just discussing it now, but next Commission meeting we're going to be voting on the cap of the millage, correct? Mr. Alfonso: That is correct, Commissioner. Commissioner Carollo: Andl remember last year, I did the same thing. However, it was one Commission meeting prior to this one. In other words, it was on the -- we're in, what, the first meeting in July? It was in the last meeting in June that I requested that before we vote for a millage, I think a presentation, you know, I would say by the Mayor or the Administration or both, should be coming to the Commission with regards to the budget. So we should have a presentation to see exactly where it is, because if we're lowering our operating budget, then realistically, if -- you're choosing scenario 2, right? So we will receive $833, 000 less -- Commissioner Spence -Jones: Less, yeah. Commissioner Carollo: Right. Chair Suarez: Than scenario 1. Commissioner Carollo: So I want to see how -- Mr. Alfonso: Okay. City ofMiami Page 199 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Carollo: -- you're planning on covering that -- Mr. Alfonso: In the item that distributed, the $833,000 less, basically it is money that would have been going to debt service. We no longer need it in debt service. The option was to put it over to operations, but that is not the recommendation. Therefore -- Chair Suarez: And quick question on that. We're getting like what? How -- well, how much is the anticipated increase in revenue that we're getting -from keeping the millage rate the way that it is? Mr. Alfonso: The millage rate at a flat millage of 7.571 -- Chair Suarez: Right. Mr. Alfonso: -- generates $3.3 million more than it did in 2007. Chair Suarez: Right. Mr. Alfonso: This would give you an -- if you were to use that savings on the debt in the operating side, you would get an additional 830, so you would be a little closer to 4.1 million instead of 3.3. Johnny Martinez (City Manager): The total millage would be the same. Mr. Alfonso: And the total millage -- Chair Suarez: Right. Mr. Alfonso: -- would be the same. Chair Suarez: Yeah. Commissioner Carollo: Again, my point is, I think before we have the vote on the millage, I think you should make a presentation on the budget. You should provide us the information to see where we are. Andl don't mean just a simple presentation. I mean, this is the proposed budget as of -- Mr. Alfonso: Yeah. Actually, Commissioners, my intention is to have a proposed budget online for everyone to see on Monday evening, and we'll be getting you hard copies shortly thereafter, and know you wanted Excel spreadsheets. I'll get those to you as well. I don't know if you all want the Excel spreadsheets -- Chair Suarez: Yes, we do. Mr. Alfonso: -- but I'll send them to all of you, if you all wish. Chair Suarez: Yeah. Commissioner Gort. Mr. Alfonso: Commissioner. Commissioner Gort: I'd like to have before you go online. Mr. Alfonso: I'm sorry? Commissioner Gort: I'd like to have the budget, a copy of the budget before you go online. City ofMiami Page 200 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mr. Alfonso: Not a problem. Commissioner Gort: Thank you. Chair Suarez: Anything else? Any other questions? Vice Chair Sarnoff I have a question. Chair Suarez: Yes, Vice Chair. Vice Chair Sarnoff And I'm just -- it is a little bit of a political question. Even if we kept the mill rate under scenario 2, will people get any -- on their trim notice, tax bill, whatever you'd like to call it -- indication that their taxes are going up? Commissioner Carollo: Yes. Mr. Alfonso: That their taxes -- Chair Suarez: Yes. Mr. Alfonso: -- are going up? Vice Chair Sarnoff Yes. Commissioner Carollo: Yes. On people -- Vice Chair Sarnoff Some sort of -- Commissioner Carollo: -- that are homesteaded. Some people that -- Chair Suarez: And all people. Commissioner Carollo: -- have homesteaded for -- Chair Suarez: All people. Commissioner Carollo: -- a long time and -- I'm sorry; I yield to Danny. Mr. Alfonso: Okay. You asked a question, if they will get an indication that their taxes are going up. You mean -- Vice Chair Sarnoff Yeah. I mean, I know we don't prepare the trim notices; the County does. The County appraiser, I assume, does. In anywhere, shape, or form -- and I'm talking to the general public out there -- will they learn somehow through some definitional reason up in Tallahassee that the City ofMiami is increasing its taxes despite the fact the City of Miami's actually slightly decreasing its taxes? Mr. Alfonso: Okay. No, the trim notice does not contain any notice such as that. What they will see in the trim notice is the proposed millage rate that the City has approved. They will see that slight reduction on the debt. Unfortunately, basically, what will happen is because we're still above the rollback rate as statutorily defined, the City will be required in September to advertise that increase in total revenue of tax to the City. Vice Chair Sarnoff Now, I want you to explain to the average citizen why that happens. City ofMiami Page 201 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mr. Alfonso: Okay. Vice Chair Sarnofff. Because it's really unfair to us and it -- andl want you to do the best you can to make it as easy to understand so when this gets replayed, replayed, replayed, they understand that the City ofMiami in no way, shape, or form increased their taxes; and despite its best efforts at lowering its taxes, under a definition set in Tallahassee I think three or four years ago, it's going to be called an increase. Mr. Alfonso: Yes. The rollback rate, by definition in the state statute -- and it's 200.065 if anybody get -- cares to go look it up -- really does an apples -to -oranges comparison of revenue. It looks at your July tax roll as prepared by the property appraiser and multiplies it by your millage and says, okay, if you have this value and you multiply it by this millage, it's going to generate X'dollars, and you have to compare that to the previous year revenue that you were going to get; and if this year is higher, then they're saying you have to do an increased advertisement. The problem is that you're not comparing to last year's July number. They tell you you can't compare to the July number, which would be an apples to apples. They tell you you got to compare it to the prior year adjusted by the Value Adjustment Board. I've never known the Value Adjustment Board to increase values. They usually take them down. So what you end up doing is taking the value -- like this year we had 3 percent growth, 3.2. So you take a value that grew by 3.2 percent and you're not comparing it to last year's July number; you're comparing it to last year's July number reduced. So now they tell you that revenue that we think you're going to get after you get reduced by the VAB (Value Adjustment Board) is your base number. Anything above that, excluding the value of new construction, is a tax increase. So even ifI do the same tax rate --I don't adjust the rate at all. I charge the exact same rate -- they -- the statute considers that a tax increase because the City is getting more taxes from the roll. Chair Suarez: And can I just give another scenario that -- an example that may highlight what we're talking about here? If you make $200, 000 and the federal income tax rate is 30 percent of your income, you're going to pay $60, 000 in taxes. Now, if you make $300, 000 the next year and the federal income tax rate is 25 percent -- they've actually reduced taxes -- you're still going to pay $75, 000 in taxes. In other words, you're going to pay $15, 000 more in taxes the following year, even though the tax rate went down by 5 percent, even though they -- you know, the federal government reduced taxes, because you generated more income. Commissioner Gort: The value of the property -- Chair Suarez: Right. Commissioner Gort: -- went up. Chair Suarez: So I think that is a pretty simple explanation. Vice Chair Sarnofff. I just thought it was worth everybody understanding. Chair Suarez: Oh, I absolutely think it is too. Vice Chair Sarnofff. Because I think it's unfair. Chair Suarez: No. I think it's very worth explaining. Thank you. Mr. Alfonso: All right. Chair Suarez: Thank you, Vice Chair. DI.2 DISCUSSION ITEM City ofMiami Page 202 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 12-00657 DI.3 12-00702 Office of the City Clerk 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.pdf 12-00657 Backup Information 06/28/12.pdf SPONSORS: OFFICE OF THE CITY MANAGER OFFICE OF THE CITY ATTORNEY Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item DI. 2 was deferred to the July 26, 2012 Commission Meeting. DISCUSSION ITEM DISCUSSION REGARDING THE SUNSETTING OF INACTIVE CITY OF M IAM I BOARDS. 12-00702 Section 2-892 - Sunset Review of Bds.pdf DISCUSSED Direction by Chair Suarez to the City Clerk and City Attorney to work together to determine if the boards identified in the report titled, City ofMiami Boards, Committees, Trusts, and Agencies - Code Section 2-892 - Sunset Review ofBoards,"datedJune 14, 2012, can be removed from Section 2-892, and if possible, sunsetted, and for legislation to be brought back to the Commission addressing those boards that can be removed or sunsetted. Chair Suarez: DI.3. Commissioner Carollo: Are we taking all these out of order? Chair Suarez: No. We're taking them in order, but we're just waiting for the charter amendments since they're the most controversial out of all of them, I think. I think that's what everybody -- Commissioner Spence -Jones: Yeah. Let's get all (UNINTELLIGIBLE). Chair Suarez: Let's get everything done. DI.3, sunsetting of inactive boards. Todd Hannon (Assistant City Clerk): Good afternoon, Commissioners. Commissioner Carollo: Move it. Chair Suarez: Is there a motion? City ofMiami Page 203 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Gort: Move it. Commissioner Carollo: Move it. Chair Suarez: Let me tell you, I would pass the gavel on this. Vice Chair Sarnoff Second. Mr. Hannon: I just need to provide some brief background on a report that -- Chair Suarez: Do you really have to? Commissioner Carollo: Do we have to? Mr. Hannon: No, sir. Basically, what is being requested of the Commission at this time is a direction allowing the Clerk's office to work with the City Attorney's office to determine if the boards identified in the report titled "City ofMiami Boards, Committees, Trusts, and Agencies," code Section 2-892, Sunset Review of Boards, dated June 14, 2012, can be removed from Section 2-892 and, if possible, sunsetted; and for legislation to be brought back to the Commission addressing those boards. That can be removed or sunsetted, and l just simply need -- if you'd just like to concur with that direction. Chair Suarez: Well, I believe that you made a motion to that effect -- Commissioner Carollo: Yes, sir. Chair Suarez: -- and the Vice Chair seconded the motion. Commissioner Carollo: Isn't that what's in our agenda, on the backup? Mr. Hannon: It's not necessary for a motion. We just simply need a direction to work with the City Attorney's office and -- Chair Suarez: We're all in agreement to give you that -- Mr. Hannon: -- the Admin -- Chair Suarez: -- direction. Commissioner Carollo: Yes. Commissioner Spence -Jones: You're directed. Mr. Hannon: Thank you, Commissioner. Chair Suarez: You are hereby directed by us all. Commissioner Carollo: Yes. Chair Suarez: Unanimously. Mr. Hannon: Thank you. END OF DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS City ofMiami Page 204 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 D1.1 12-00744 CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT DISCUSSION ITEM DISCUSSION REGARDING THE LEASE FOR BURN NOTICE AT COCONUT GROVE CONVENTION CENTER. 12-00744 Email - Lease - Burn Notice.pdf DISCUSSED Direction by Commissioner Gort to the Administration to put together a committee that will work with CAMACOL (Latin Chamber of Commerce) to develop a transition plan for the production of Burn Notice in the event the City decides to terminate their lease of the Coconut Grove Convention Center. Chair Suarez: D1.1. Commissioner Spence -Jones: We're doing district items now. Chair Suarez: Yeah. Commissioner Gort: District, okay. Chair Suarez: Yeah, D1.1. Commissioner Gort: D1.1. And my apologies for bringing this; it's not within my district. But if you're aware, Commissioner had been very much involved through the -- for the last two years with the -- is this my item? Commissioner Carollo: Yes. Chair Suarez: D1.1, yeah. Commissioner Gort: Okay. Want to make sure I'm on it. This item is the -- for the last two years I've been involved with the Hemispheric Congress where we've had the entertainment and film industry seminars in what -- that we had been working quite a bit in trying to bring film industry back. We've seen the benefits of the film industry here within the City ofMiami, andl was approached and I've been visiting the site at the people on Burn Notice. Andl don't mean to make any changes. I understand Coconut Grove have a master plan that was created and the -- you have to comply with the master plan you have. Why I'm simply trying to bring this up is for the reason being don't know if all the funds are available for the master plan. My understanding, this film -- Burn -- what is it, Burn -- Commissioner Spence -Jones: Burn Notice. City ofMiami Page 205 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Gort: Burn Notice, they might get an additional year contract. That contract, my understanding, it was -- told me that -- worth about 5 -- $25 million to spend here in the City. At the same time, I'm not asking to make any changes, but if they get the additional contract for additional year, if we could have it, fine. I don't know if we're ready to proceed with the plans in establishing the master plan in Coconut Grove. That's why I wanted to bring this in here today to discuss this, not to make a decision. Like I stated before -- and we all talked about it. We respect each other's districts. But at the same time, I think we should discuss it. Chair Suarez: Okay. Vice Chair, do you want to jump in on this or --? Vice Chair Sarnoff. No. I would like to. I could tell you, Commissioner Gort, that I think have worked hard or as hard or harder than anyone else in trying to promote the film industry in the -- Commissioner Gort: Yes, you have. Vice Chair Sarnoff. -- City of Miami. Commissioner Gort: Yes. Vice Chair Sarnoff. The MEC (Miami Entertainment Complex) was my idea. I listened to Commissioner Spence -Jones when she made it extremely clear to me on January 30, 2012 at a CRA (Community Redevelopment Agency) meeting in Tucker Elementary that she wanted to be very, very careful about competing with the private sector because she had folks in her district, Free Trade Zone, which I guess for us is where Charlie's Angels was filmed, 135,000 square feet clear space. Obviously, if you could film Charlie's Angel's, I know you could film Burn Notice there. So what is now happening, we are now subsidizing Burn Notice at a very significant rate. I could give you comparables, Commissioner. I can tell you, candidly, I have asked the federal -- the Free Trade Zone, as well as three other studios to contact Burn Notice and to ask Burn Notice to see if they would like to contract with them. You have all been copied on all of my e-mails (electronic), if you -- I'm sorry -- I guess letters by e-mail. I wanted to keep it very clear that we're pretty much ready to go on Coconut Grove when it comes to the master plan. We have the money necessary. Ron is showing you and on your pictures you're seeing -- first, I'm going to show you what our waterfront looks like. And if you look at it, that's the waterfront for the City ofMiami. It is filled with cars, burned out cars, trailers, studio trucks, burnt out vehicles, crates, rusted out materials. I don't think anybody here is proud of the waterfront, and don't think we should be proud of the waterfront. Now what I can show you is what the waterfront will look like. This is the waterfront presently, and you kind of question yourself. If you take down the Convention Center, what does it really look like? Well, the view from the folks that will see it from the condos, that's what they'll be seeing. So the next one, if we look at it from a different perspective, what would you see if you're just looking down 27th Avenue? You'd see that. And if you go just simply by -- you're on a bike, you're walking, there's the Convention Center, 27th Avenue, that's what you see. This is what you would see. Again, if you're just walking -- that's my running path, so you're looking at me running every morning. This is what I see, but this is what I could see. We could open up the waterfront, and we should open up the waterfront. And again, this is the front -- this is the apron way for all of us to come to City Hall to conduct our business and this is what it could look like. The money is there. We're ready to go. I have a big presentation, Commissioner Gort, that I could simply do. I have pulled every meeting -- Commissioner Gort: Commissioner -- Vice Chair Sarnoff. -- where -- Commissioner Gort: -- Vice Chairman, let me tell you. All I want to know, if the -- you ready to go, go. I'm not going to ask them to stop. And let's notify the people and let them know that they don't have another year because my understanding is, it'll take a long time for them to move City ofMiami Page 206 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 everything they have inside there and they have to pack and either go to another place or go back to Hollywood so -- Vice Chair Sarnoff And I want you to know that I will work with them however I can, at any level of government that I can. Commissioner Gort: I know you've been pushing the film, andl think we like to help them keep them here in the City if possible. I don't want -- I think this is planned -- since I've been here, there's been all kind of different studies for Coconut Grove. I think there's been at least 20 of them. None have been implemented. I'm glad to see this is ready to be implemented. I love it, andl congratulate you on that, and I'm ready for it. But let the people from Burn Notice know that they're not going to be renew the contract over here next year so they can make the right decision. Commissioner Spence -Jones: Can I please chime in on this? Chair Suarez: Of course. It's a discussion item. Commissioner Spence -Jones: Okay. And, of course, I support 100 percent, you know, the green space. I'm actually excited that it's moving in that direction. I just -- you know, there are a lot of plans we all have, okay. I can show you a million and one master plans that I have in District 5 that we're working in that direction to have happen, but in the meantime -- I mean, I just -- I'm trying to understand or wrap my mind around, you know, if we have business happening right here in the heart of the City or right here in the heart of the Grove, you know, where you have, you know, Fox, you know, where you have, you know, the individuals that are actually working every single day 'cause we're always talking about -- you andl, all of us sitting up here are always talking about the jobs and not only to mention the hotels and everyone that's benefiting from them being right here in the heart of the Grove. I'm just trying to understand why -- what is the issue with us giving -- I don't know even if they do have another year. But if they do have another year, what is the issue with giving them another year? Vice Chair Sarnoff Well, I think two things. When I listen to -- Commissioner Spence -Jones: But before you do that, I just want to be clear. I know you guys are here now, so I want to at least -- 'cause right now it's floating that we may not have a year or we do have a year or we don't have a year. Has it been extended? Robert Lemchen: It's not been -- Commissioner Spence -Jones: You got to come to the -- Chair Suarez: No. You need to come to the microphone sir and identifi, yourself, your name and address, and then answer the question, please. Mr. Lemchen: My name is Bob Lemchen. I'm head of production for Fox Television Studios, the parent company of the company that produces Burn Notice. We do not have a pickup for the next season beyond this season. Commissioner Spence -Jones: So is this -- Mr. Lemchen: We're optimistic that we will get one. Commissioner Spence -Jones: -- but this -- so this is a premature discussion then? Mr. Lemchen: Well, my -- you know, what I have -- City ofMiami Page 207 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: I just want to understand how we got here. Commissioner Gort: The reason I brought it up is because if they're not going to be extending the permit next year, they need time to move and make the right move. Mr. Lemchen: Correct. And if we are picked up for next season and we're not able to stay in the Expo Center, then we would have to move out, we would have to find another location presumably in another place, another city, and move on with it. Commissioner Spence -Jones: Okay. Mr. Lemchen: If we are picked up in the next two months and we're able to stay in the Expo Center, then we would continue as planned. Commissioner Spence -Jones: Okay. Mr. Lemchen: And we do understand that that's a -- would be very gracious on the part of this City, and it's an option for which we would be willing to pay extra money to get that extra option. Commissioner Spence -Jones: So in other words, now we're not only talking about the revenue that we currently receive from you, which is how much? Mr. Lemchen: About -- between 250 and $300, 000 a year. Commissioner Spence -Jones: And you're saying at this point -- Commissioner Carollo: What? Commissioner Spence -Jones: Two hundred and forty thousand. You're saying at this point that if you do get picked up, then here's an option for us to also have at least an increase on that? Mr. Lemchen: Correct. Commissioner Spence -Jones: Okay, so I just wanted to be clear. I see CAMACOL (Latin Chamber of Commerce) here. I know that you guys have been actively involved in the film related stuff for the City as well. I don't know if you want to officially put something on the record as a part of -- thank you. I just want it to be clear. I thought the contract -- I thought this was about the contract. You guys have the contract and you don't have anywhere to go. So that's not the issue. Mr. Lemchen: That's not the issue now. It would be -- Commissioner Spence -Jones: The issue is just -- you're just trying to make sure that if it happens, then you don't want to have a situ -- I'm assuming why you put it on is that you don't want to have a problem -- Mr. Lemchen: Correct. Commissioner Spence -Jones: -- later on trying to find a location. Mr. Lemchen: That's correct. And we're -- Commissioner Spence -Jones: Okay. City ofMiami Page 208 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mr. Lemchen: -- somewhat cautiously optimistic that we'll have one final season. Commissioner Spence -Jones: Okay, great. Mr. Lemchen: Thank you. Commissioner Spence -Jones: CAMACOL, can you at least put -- Patty Arias: Yes. Thank you. And -- Commissioner Spence -Jones: -- the issues (UNINTELLIGIBLE) so at least we hear it all? Ms. Arias: Yeah. Good afternoon. And I'm here today to support an active member of our chamber and our community, and I'm also a resident of Coconut Grove. And this issue not only affects the district -- Commissioner Gort: Excuse me. Ms. Arias: -- thatl live in -- Commissioner Gort: Excuse me. Chair Suarez: Yes. Ms. Arias: Yeah. Commissioner Spence -Jones: Did she put a name? Commissioner Gort: Who you are. Ms. Arias: Patty Arias, sorry. Commissioner Gort: Thank you. Ms. Arias: I'm a little nervous. Chair Suarez: No, don't be nervous. Ms. Arias: This issue not only affects the district that l live in and I've worked with -- had the honor of working with Commissioner Sarnoff on the MEC complex andl look forward to it when its built, but it is a citywide concern, a financial impact to all of the residents of the City of Miami. Andl may be a little Pollyanna, but some candidates who are running for office dismiss the role of government in stimulating our economy and blatantly state that the public sector does not create jobs. We do not agree with that statement. That is why I'm here today. I believe in all of you, and I believe that you work in our best interest. And our best interest is to stimulate the economy and create jobs. This issue right now is about jobs. As such, I am equally sure that should the request of Burn Notice not be granted, this would be one of those times where government would not serve our best interests and will be destroying hundreds of jobs in this community in Miami and specifically in Coconut Grove, will be adversely affecting many small businesses in this district and throughout the City ofMiami, and will send a terrible message to the film and entertainment industry in Los Angeles. You have the official numbers certified by the state of Florida before you. They are impressive and are a solid example of the public and private sectors working together. I urge you to please support this. Thank you. City ofMiami Page 209 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: Okay. Chair Suarez: Thank you, ma'am. Commissioner Spence -Jones: So I just want it to be clear on -- okay. So just -- I have two more things, and again, just so that I'm clear. So we're waiting now to see if it's going to be a yes. If it's a yes, you're saying give them more time to at least complete the season. I mean, the -- Vice Chair Sarnoff No, it's another season. Ms. Arias: Another -- one more season. Commissioner Spence -Jones: Well, one more season. Another year? Is that what --? Vice Chair Sarnoff Yes. Ms. Arias: Another year. Commissioner Spence -Jones: -- agreement would be? Ms. Arias: Right. Commissioner Spence -Jones: Just from the Administration's standpoint, outside of Burn Notice in the building, has -- have we had any other productions in the building? And do we know that? Have there been any other productions at all in the building? Has the space been rented for anything else? Ms. Arias: Yes. Well, it's been rented for -- before -- Marley andMe was shot there. Commissioner Spence -Jones: I mean, the Administration should be able to tell me that. I don't expect for you to tell me that. Ms. Arias: Yeah. Sony. Veronica Xiques (Assistant City Attorney): Commissioner, good afternoon. It does -- it has been used for limited tapings for other industries -- I'm sorry -- for other shows. The last large production, I should mention, was Marley andMe. And within the last year it was used by Paramount Pictures for a very brief -- I believe the contract was maybe just a couple months. The current contracts expires October 31 so they're here asking for consideration for continuance of that contract. Commissioner Spence -Jones: Okay. So this is not something -- since it's a discussion item, this is something that can maybe perhaps be brought back sometime in, what, September? Is that what we're asking? Ms. Xiques: Well, at this time they don't yet know whether they're being picked up. They'll know next week. So -- Commissioner Spence -Jones: Okay, so maybe we could -- Ms. Xiques: -- it would be probably in the first meeting in -- second meeting in September because they don't expire until October 31. Commissioner Spence -Jones: Right. I just think this is -- the conversation just seems a little premature. I mean, if you get picked up, then that's great, and then I think we need to weigh out City ofMiami Page 210 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 -- okay, at this point we're going to have 150 jobs; people working in a particular community, businesses being, you know, impacted from the surrounding areas, whether or not that be employees that are working on set, right, eating at the restaurants, utilizing the hotels, all of those things are things that I think we have to take into consideration as to how we move forward, but for us to really -- I know it's just a discussion item now, but this is not about making a decision. This is about at least, I'm assuming, bringing it to our attention, right, so that later on we can make a decision as to whether or not, you know, we should be voting on this item. Mr. Lemchen: Actually -- Commissioner Spence -Jones: Because, basically, the $240, 000 that you already have in your budget to do this is monies that could be shifted, as Commissioner Sarnoff has stated, to another facility in Wynwood. Mr. Lemchen: Well, we could talk about that in detail informationally. For us to move out of the Expo Center to another facility would probably -- to pull those sets down and let's say go to the Sony facility that was -- Commissioner Spence -Jones: Yes. Mr. Lemchen: -- mentioned, where Sony shot -- Commissioner Spence -Jones: Charlie -- Mr. Lemchen: -- Charlie's Angels, about a million dollars. In addition, our show creatively is built around shooting in the Grove. Commissioner Spence -Jones: Okay. Mr. Lemchen: What that means is we probably shoot a day an episode in and around the Grove. Commissioner Spence -Jones: Yes. Mr. Lemchen: What that means for us is when we are -- be able to base at our home -- Commissioner Spence -Jones: Facility. Mr. Lemchen: -- environment here and just walk out or push carts or do shuttles, we save about $20, 000 a day. So for each day that we save one day per episode where we shoot in and around the Grove, if we were at the Sony facility, that would be a full location day. That's about $20, 000 a day -- Commissioner Spence -Jones: Okay. Can I -- Mr. Lemchen: -- over the course of a season, about $360,000. Commissioner Spence -Jones: ask this question? Now -- Mr. Lemchen: So if we were -- Commissioner Spence -Jones: Of course, I would love to have this, Commissioner Sarnoff, in my district, and would love to have y'all there in my district, so that's not even the question. I would love to see this in Wynwood. I definitely think that it would help, you know, revitalize or bring the same amount of revenue to restaurants in those areas, so that's not even the issue. But I do know the challenges of Owen's property, and one of the reasons why they were trying to City ofMiami Page 211 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 come to the CRA was because of the upgrades that they need to have in order for them to even accommodate any filming. So I -- andl know that because I've been working with them trying to figure out what we must do. One of the biggest considerations they had was AC (Air Conditioning). I'm not really sure. Does the Grove have -- does that site have AC or you guys brought the AC in? Mr. Lemchen: We bring the AC in. Commissioner Spence -Jones: So that would be another cost that you would actually be shifting to Wynwood. Mr. Lemchen: We'd have to move all the ducting over to another environment. We'd have to bring in the transformers. I mean, it's a -- I mean, I'm happy to take you on a tour and point out and show you what has to move but, conservatively, a million dollars. The convenience of shooting in and around the Grove is a cost and a creative issue, and we don't know what other facility, what improvements need to be made. I mean, we're shooting another show in Broward County now in a warehouse. We put half a million dollars into that warehouse to shoot that show up there. We're bringing another show in this fall into South Florida, probably again to Broward County to that facility up there. Commissioner Spence -Jones: Why you going to Broward County? We need you in Dade. Mr. Lemchen: There are -- happens to be a very good facility there that -- a warehouse that we rented that works for us so I'm sad to report -- that said, we spent a lot of money in Miami and Miami -Dade on that show as well. Commissioner Spence -Jones: I got you, I got you. All right, so -- that gives me some clarity. Chair Suarez: Commissioner Gort. Mr. Lemchen: But I think what I'm asking -- if -- Commissioner Gort: Let me -- Mr. Lemchen: I don't know ifI have the right to ask. Commissioner Spence -Jones: Yes, you do. You have the right. Mr. Lemchen: Is for the City to grant us -- we can talk about a date. We could talk about, say, September 15, a period which would allow us to option the facility for another year. That's what we want. Commissioner Spence -Jones: Okay. Mr. Lemchen: We want to know that we have that or that we don't. Commissioner Spence -Jones: And so you -- but you do have time from the standpoint of -- like you said, by September 15 to at least know that, right? Mr. Lemchen: We should be -- we will know by September 15. Commissioner Spence -Jones: Okay. So this is not like an item that we have to actually -- this is not an item to vote on, first of all, so we don't really have to deal with this until actually after we return back from break, which is in August. So we don't get back until September. So this is an item that we can take up the beginning of September. City ofMiami Page 212 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mr. Lemchen: Correct. But then if we get a pickup between now and September, we won't know whether we have the rights to continue working in the Expo Center for a subsequent season. Commissioner Spence -Jones: Right. I -- I'm sorry. I know it's your item. I'm just trying to get clear on it. So I'm just -- I know Commissioner Gort has it on his agenda, right? I mean, as a discussion item. But if he didn't have it on his -- on the agenda as his discussion item, how would this have been dealt with? Commissioner Gort: Let me be clear why I brought him as a discussion item. I understand the benefit to the film industry does for the City ofMiami. But I also understand -- 'cause I was here before -- the residents of Coconut Grove have been waiting for a change in that park for a long time. The reason I want to have it as a discussion because, like they have told you, they need time if they need to move. What I'm asking the district Commissioner if he has the funds allocation and he's ready to start and he cannot afford another year, fine. That's a decision they have to be aware of it because they have to make changes. So mainly what I'm trying to do -- and I know Commissioner Sarnoff -- Vice Chairman Sarnoff have worked very closely with them and try to accommodate them. He's done it in the past. My question was, Commissioner, do you think if they get an approval that you can wait another year and ask them to make some changes within those year if you can. If you're ready to go and the development is ready to take place and go, I'm with you andl support you 100 percent. Vice Chair Sarnofff. Let me, if I could, put economics in a differentframe of mind, in a different framework. Because if you would have asked me when I first became Commissioner what areas of the city was I most excited about and it was new to me, probably would have been Omni because Omni seemed like a lot of things were happening; then Wynwood was happening and then the Design District was happening. If you ask me today what I'm most excited about, it's probably Coconut Grove 'cause it hit the level it needed to hit. The amount of property that has changed hand in Coconut Grove to date, to right now is mind -boggling. Now what does that mean to us as Commissioners? Well, it means that some property went for very low prices. However, that property is going to be developed. If you just take the Grand -- you know where that is, directly across the streetfrom City Hall -- and if you know what's being proposed there (UNINTELLIGIBLE) is the architect -- Commissioner Gort, 38 percent of that property, it's been sold out in about a six- to eight -week period. At 60 percent, you start construction. At 60 percent you pretty much -- it's a go. Just think if they had a park on their apronway to say to everybody, this is it. This is exactly what your amenity is. What does that mean to all of us sitting on the dais here? That is $2 million a year in annual new ad valorems; to the County, it's $1.5 million. Another piece of property that just changed hands, Coconut Grove Bank. Coconut Grove Bank says, did you see what the City just did directly across the streetfrom you? They're probably likewise going to wait; 60 percent pre -sales as they call it. The sooner you get them to build, the more ad valorems come to us and you andl don't ever fight about any discussion, tax issue, you name it. So to come here and say the economics of this is this; the economics of this is also that. The economics of this is if you had $6 million in more ad valorem in the next four years -- andl know a lot of politicians don't think that far down the road, but if we leave this city with $6 million in four years versus eight years, the next guy sitting up here -- or girl sitting up here -- you know, has so much more to work with; the employees have much better benefits. Decisions that we've had to make over these years don't happen. You know, Commissioner, I pulled up every time we had a conversation -- it predates you. It predates everybody up here. I don't think it predates Michelle. -- every time Burn Notice came up here, what they had to say; and every year, it was the last year. Every year, this is it, just this one more time, just this one more time. May 28, 2009 -- I mean, I have what everybody had to say up here. June 22 -- July 22, 2010, July 14, 2011, October 13, 2011. I'm not going to even quote what each one of you had to say. But the thing that really caught my attention was when Commissioner Spence -Jones said to me, before you go forward with the MEC , have a meeting with every movie studio out there, andl did. And that meeting, Commissioner, was conducted on May 14, 2012. I could tell City ofMiami Page 213 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 you Andrew Rothchild was there. I could tell you -- I could name everybody who was there. And without -- Burn Notice came up. And they said to me, I don't understand how you can undercut us so badly. Andl said to them, what do you mean and what exactly are you saying? They said you're at $2.40 a square foot for Burn Notice. They laugh in Hollywood at you every day. I said what would you guys charge? The lowest number mentioned was 7 to $8. And that's why we're undercutting the industry. Yeah, you want to support an industry, but at a certain point in time, you want to say to that industry, your legs have grown. You are a syndicated show -- 'cause remember, the last conversation we had, we got to get them to syndication. Well, we got them to syndication. And that means, with all due respect to these guys, they're all going to make a lot of money because for the next 20 years, they're going to be syndicated, replayed, et cetera. But every time we open our doors and we undercut private industry, we still expect the same private industry to pay our taxes. We still expect, you know, Miami Free Trade Zone. We want your -- they happen to pay 400,000 a year in taxes. We want your $400,000. Ice Palace, we want your taxes. And Eugene comes into my office begrudgingly, screaming, you know, Commissioner, when are you going to do something for me? SoHo, you know, Commissioner, you've been great, but you know, you keep usurping our opportunities. So, look -- Commissioner Gort: Commissioner, ifI may. Vice Chair Sarnofff. Yeah. Commissioner Gort: The only reason I brought this up -- Vice Chair Sarnofff. I know, I know, I know. Commissioner Gort: -- is if you feel that you're going to need that right away, let's let them know that you're not going to extend it so they can go ahead and make their -- whatever they need to do. I want to make sure that they have plenty of time to make a decision either to move another portion of the City ofMiami or move to some other place. That's the only reason I brought it here, not to stop from the -- I think the project is great. I think we need it. But the only reason is I want to make sure they know if they're not going to have another year, they can make -- they start making the moves. Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Yeah. Commissioner Spence -Jones: I just want to just add on. Chair Suarez: Okay. Go ahead. Commissioner Spence -Jones: Okay. Commissioner Sarnoff, I want to be very -- want you to be very clear from my perspective on where I am with supporting what you guys have worked on in the heart of Coconut Grove. This was not about not supporting it, it's about having clarity as to what was needed. The question became if -- what current -- currently -- I'm not talking about two years, three years from now -- the folks that are here now that are going there every single day for jobs, every single day the businesses that are being impacted by them being here, what's the value on that right now. And that's kind of what I wanted to have a clear understanding from in this discussion. I personally, I would love to have them in Wynwood. I just know Owen's property. I know Owen's property pretty well and know that that property is going to require a lot of upgrades in order for them to even go in. And honestly, I think that their space -- Owen's space -- and I'm talking about the Wynwood Free Trade Zone -- that was one of the reasons why I was pushing very hard for even that meeting that you mentioned was because I knew that the dollars that could have been made available from the Omni CRA side that we're now spending on the MEC could -- instead of creating a whole new facility like you said where we're City ofMiami Page 214 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 undercutting -- government creating a new facility like the MEC, we're now undercutting people like Eugene and like Owen, taking those dollars and supporting those industries or those people that invested to put those studios there to help them so that they could have additional upgrades or support. That was my argument back then when I was trying to have those meetings. Now if we're asking them to, you know, consider this as a location, which I would love to do that, I would just would want from a CRA or from another perspective, a board perspective, that we figure out a way to kind of support that happening. 'Cause right now, Owen -- I know this for a fact. Owen cannot accommodate what they're doing. Vice Chair Sarnofff. I could tell you they had a meeting andl could tell you that according to the -- what I've learned in the meeting, they have made them an offer. Mr. Lemchen: Nobody's -- excuse me. Vice Chair Sarnofff. No, no, not you. Mr. Lemchen: Nobody's made that. Oh, sorry. Vice Chair Sarnofff. Not you, but they made them an offer. Commissioner Spence -Jones: But what I'm saying to you -- what I'm saying -- so that you know, again, it is in my -- now we're talking about what's in my district. Vice Chair Sarnofff. Okay. Commissioner Spence -Jones: Even though it's in your CRA, it's in my district. I know what's happening in Owen's facility. I visited Owen's facility several times and much of the discussion and much of the concerns were, Commissioner, you know, we really need help from the Omni CRA to support our facility in order for us to even attract productions coming in. And part of the challenge has been that they've had people knocking on the door but the issue is bathrooms, the issue is, you know, A/C, the issue is so many upgrades that need to take place in order for you to shoot there that anybody coming in would have to spend so much money just to be there. Now my original thought, Commissioner Sarnoff -- 'cause that was the reason why I was saying is there any way we can peel off some of those dollars. Owen at the time had asked to come to the CRA and ask for half a million dollars just to do upgrade for A/C so that at least, Commissioner, ifI attract somebody in, we could at least have that as an amenity and that was kind of shot down, not necessarily by you, but by the Administration at the time so I didn't push it anymore and I kind of allowed you to handle it. But if we're now asking for, you know -- here, I think it'd be great to have Burn Notice go there. I don't have an issue with that. I just know that the challenges are once we send them over, they are going to need -- I'm talking about the facility -- additional dollars to help them with the upgrades. That's real. Vice Chair Sarnofff. Well, just keep on thing in mind, Commissioner. The same refrigeration trucks that they keep outside in Coconut Grove on the waterfront, they could put on Owen's property 'cause they don't have A/C there either. Commissioner Spence -Jones: Yeah, but my point is all of the infrastructure things that are needed to go in to even get it to that point where you can have them trucks out there, there still is a cost associated with doing that, which they've already invested that cost in it. And I'm not here to fight with you on your waterfront property. I support it 100 percent. I'm just saying as a -- if we're talking about supporting the industry, there's two things. One is you have an existing production company here that provides jobs. We need to make sure if they're leaving here, we need to at least kind of assist them in going in the right direction, which is what you're saying now is, guys, at this point, enough is enough, but we need to consider somewhere else for you to go. I have an option. Your option is Owen's place, which is in the Free Trade Zone, which is in City ofMiami Page 215 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 my district; love it. I'm just letting you know, in meeting with not only Owen, but the owner of the facility, that was one of his concerns. We -- it's hard for us to attract business in here 'cause there's so many upgrades that need to happen in the building in order for it to make sense. Commissioner Gort: Let me give a suggestion. I think we notify them that they're not going to be there next year. We have a lot of people working on the film industry trying to bring the film back. I'm sure there's an association that can help them in their move to the other place and we need to put our resources together and see what we can do. Commissioner Spence -Jones: What? I missed that. What now? Commissioner Gort: What I'm saying is we want to keep them here. They're not going to renew their contract for the -- for this site. We're going to help them try to get another site. We're going to work with them. We're going to need a committee, maybe through the CAMACOL and through the CRA and work as a team and see if we can come up with a solution. Mr. Lemchen: I think we can say with confidence that there's no other facility in the City of Miami that can accommodate Burn Notice -- Commissioner Gort: Okay, then --okay. Mr. Lemchen: -- if that's the question. Commissioner Gort: Thank you. Okay. Mr. Lemchen: I don't mean to -- Commissioner Spence -Jones: So have you gone to that other facility? Mr. Lemchen: Terry Miller has -- Commissioner Spence -Jones: And what was the issue, Terry, with that --? Put your name on the record. Terry Miller: My name is Terry Miller, executive producer on the show. The Wynwood facility is a large space. It is raw, as you said. It requires a lot of improvements that we would have to put into it. Besides electrical, it also is having -- it has leaky problems, roof problems. It has air conditioning problems. It has sound -proofing problems, all the things that we have already put into the facility across the street. So for us to make that move now would be very expensive for us. There are -- I'm pretty familiar with almost every facility that would be available in the City ofMiami and there's none that can think of unless someone else has any ideas, andl have looked at a lot of them. And I've been a filmmaker in this city and in the state of Florida for almost 30 years and know of all the facilities that at least have come -- that have been available and none of them are big enough to be able to handle the size of show that we 're producing now. Chair Suarez: Commissioner Gort. Commissioner Gort: Let me tell you, when you first came in here, it was the same, right? You had to make those improvement, right? Mr. Miller: Correct. Commissioner Gort: Okay. What I'm trying to do is -- my understanding is you're not going to be coming back to this area next year. They're not going to renew the contract because they're ready to go with their park, and that's a project that has been going on for a long time and the City ofMiami Page 216 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 people for Coconut Grove want it. What I'm suggesting is we come up with a team and see how we can help you get to that other place and make the place usable. I mean, you're going to pay -- wherever you're going to go, you're going to pay rent. With that rent you're going to be pay [sic], the owner of the building can get some loans and certain contracts and they can use the funds to establish and make that not only for yourself but for some other people and take advantage of it. What I'm saying is right now we're trying to work with you. We want to help work with you. We got to put a team together. We're not going to make that decision here today. Chair Suarez: Thank you. Commissioner Gort: Okay. Mr. Miller: So to be clear then, from our perspective as a producer, as a manufacturer of the show, as producer of the show, we stand a chance of one more season and that will be it for Burn Notice. Commissioner Gort: No. Mr. Miller: It will be season 7. Commissioner Gort: No, no. Mr. Miller: And if we don't have the Coconut Grove Expo Center, we will not be producing Burn Notice in the City ofMiami. It's just not an option for us. Commissioner Gort: Okay. Mr. Miller: We will not be in a financial position to -- as much as we can talk about how much money people are making off the show and -- Commissioner Gort: Excuse me. Mr. Miller: -- so on, we won't be able -- Commissioner Gort: Part I'm trying to tell -- Mr. Miller: -- to do -- Commissioner Gort: -- you is -- the team is trying to help you with the financial changes and your financial need. Mr. Miller: Great. Commissioner Gort: But if you need to go -- you know -- Mr. Miller: All right. Thank you. Commissioner Gort: -- we're trying to work with you. Mr. Miller: I understand that. Chair Suarez: Yeah. Mr. Miller: Andl apologize ifI was testy. City ofMiami Page 217 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Gort: In October -- my understanding, the lease is up in October and that's it. Mr. Miller: Very well. Thank you. Chair Suarez: And you know -- Commissioner Gort: Thank you. Chair Suarez: -- ifI may, 'cause I think I've listened to my three learned colleagues for a long, long time and Commissioner Carollo hasn't said anything either, but he may want to say something. You know, I didn't watch many Commission meetings before I got elected, but there was one that I do remember and it was related to this issue and there was a lot more people coming in begging the City ofMiami to renew Burn Notice. Andl think you had the same exact concerns at that time and you were told at that time, ifI recall correctly, that you needed a fourth season for syndication. And you were -- you bent, you compromised at that point. Since then, we've renewed them two subsequent times and two subsequent times it's been essentially the same kind of back and forth. To further complicate matters -- let me finish -- for you -- and l felt very bad when this happened to you -- half of the revenue, which you go completely in to accomplish this plan, was taken to the general fund. So, you know, it's been a year -- this has been a yearly drama, no pun intended, and you know, I feel for the district Commissioner because every year the story's been the same, you know, we need the extra year for X, Y and Z reason, and we've essentially kind of caved in every single year because it is a compelling argument. It's a compelling argument about the jobs. We never want to lose, you know, a TV (Television) production which highlights the City ofMiami, of course not. And there -- and you know, I don't think anybody really, really knows, even though everyone has an opinion as to whether you guys will move or not move or whether you're bluffing or not bluffing or whatever. You know, maybe something that will help is if the Administration provides us with a breakdown of how we 're going to implement the Sasaki plan vis-a-vis this site. That might help if we could get like a cost breakdown of how we're going to do that, so that might make the other Commissioners feel more confident that we can actually accomplish it. I don't think there's any person up here that has a better track record of converting sites into parks than you do, and that's why I have a lot of -- first of all, there's a lot of deference that goes with that and, you know, I believe in your ability to follow through. Having said that, I think it's still probably a good idea for us to see how you are going to accomplish that from a financial perspective. Maybe in that time, in the two weeks or whatever, you do get picked up, you know, and maybe that, you know, can all be analyzed at some point in the near future. Commissioner Spence -Jones: Francis, that was brilliant. Mr. Lemchen: Can I --? Chair Suarez: Why thank you. Commissioner Spence -Jones: That was really good. Chair Suarez: Thank you. I think that's the first time -- Mr. Lemchen: Can I just correct -- Chair Suarez: -- you've ever said that. Commissioner Spence -Jones: Yeah. So -- Mr. Lemchen: -- one thing that --? City ofMiami Page 218 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: -- did you really understand what he just said? Mr. Lemchen: Yes. Commissioner Spence -Jones: Really? Mr. Lemchen: I did. Commissioner Spence -Jones: Okay. Mr. Lemchen: I did. Can I just correct one thing though? I've been at every one of those meetings through the years from day one. There was never a mention of syndication. There was never a mention of -- Chair Suarez: Oh, there was. Mr. Lemchen: -- four years. There was never a mention by any of us -- Chair Suarez: Pretty sure there was. Mr. Lemchen: -- that this was the last year. I was there and we never said anything about this is the last year. This is -- it takes four years. We never said any of that. I never said any of that -- Chair Suarez: And sir, and you -- Mr. Lemchen: -- representing -- Chair Suarez: -- may not have. I remember in the meeting that I'm recalling, there was maybe over 100 people at the meeting. Mr. Lemchen: Right, a lot of people. Chair Suarez: Right. And you -- and it's not only what you say or what your partners say or -- but it's also what we get told from the Administration as -- Mr. Lemchen: Well, I can't speak for what you get told -- Chair Suarez: No, I know you can't. Mr. Lemchen: -- from anyone else. I'm speaking -- Chair Suarez: And I'm not saying that the Administration told me that. I'm -- what I'm saying is that recall a very contentious debate three years ago and my under -- my recollection of-- and don't have the minutes. You may have the minutes. My recollection of it was that there was a need to do that extra year because that was going to give you syndication rights. That's what I recall. Mr. Lemchen: That was not true from our -- Chair Suarez: Okay. That's what -- Mr. Lemchen: -- end of it, from FOX, andfrom -- Chair Suarez: Maybe I have an imperfect memory. City ofMiami Page 219 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mr. Lemchen: -- the show's point of view. There may have been people that have said such a thing, but that was never -- that's just not -- those aren't facts. Chair Suarez: Okay. But -- okay, but these are facts. The fact of the matter is three years ago he wanted to convert this into a park. He may not have had the resources then to do it and -- but yet, he was pushing to do it because, you know, the Commissioner -- we call him the parks Commissioner sometimes. You know, the Commissioner -- and by the way, this is so hard to do. It is so hard to do because land is so scarce in the City ofMiami. We're a densely populated urban city. It is so hard to create parklands where there -- where it doesn't otherwise exist, you know, so -- you know, this tug of war has been happening every single year for three years and you've always won the tug of war for three years. Mr. Lemchen: And we're very appreciative, seriously. Chair Suarez: No, and I'm glad you are. Andl think we did that in consideration of the fact that, you know, regardless of what the price per square footage was or whatever, we wanted to support you. Commissioner Spence -Jones: It was good for the City. Chair Suarez: We wanted to support you and we thought it was good for the City that you were in the city. And we would love for you to stay in the city andl think every Commissioner up here wants to make that a reality in whatever way that we can. Mr. Lemchen: That's great. I just wanted to make that correction. Commissioner Spence -Jones: And Mr. -- Chair Suarez: Okay. Commissioner Spence -Jones: -- Chair, I just want to be clear of what -- Chair Suarez: Sure. Commissioner Spence -Jones: -- your statement was. Your statement was Commissioner Sarnoff is going to at least provide with us -- Chair Suarez: Yes. Commissioner Spence -Jones: -- during this time -- I guess some time in September we'll be looking at this issue 'cause August, we won't be here, unless you want to try to take it back up for July 26, if you have -- well, you won't know in two weeks. It's going to take you a minute to -- you don't know when it is. Mr. Lemchen: We're not sure. Commissioner Spence -Jones: Okay, so probably September. I think your suggestion, though -- andl want to make sure I'm clear what your suggestion was. Chair Suarez: What you said was brilliant, so I'm going to agree with you. Commissioner Spence -Jones: In the meantime, Commissioner Sarnoff should give us -- I'm going to use his words -- his whitepaper on the cost associated with creating this lovely picture that we see and also maintaining it, making sure the resources are available to be able to do that. And I'm assuming that came from -- the dollars that we're talking about doing, that comes from City ofMiami Page 220 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Burn -- from the revenue that was generated from the Burn Notice -- Vice Chair Sarnoff. It's not only that. There's been a special revenue account that would be, in part, Burn Notice. There was also -- you might remember this -- the easements that were sold for the sailing -- not sailing clubs -- the yacht clubs. Commissioner Spence -Jones: Okay. Vice Chair Sarnoff. About $1.2 million of those easements has been directed in a special revenue account. Commissioner Spence -Jones: Okay. Vice Chair Sarnoff. You couple -- Commissioner Spence -Jones: So just give us all the analysis on that -- Vice Chair Sarnoff. I'll give you the (UNINTELLIGIBLE), the revenue -- Commissioner Spence -Jones: -- so that we at least know, you know, if this is something we do and we push hard to make happen, that, you know, financially it's not going to create an issue for the City right now. But beyond that, I would like for my fellow Commissioners, you know, if the option is -- andl know that they communicated -- well, the expenses associated with the move is much higher than, you know, going into where they are now -- that we at least think about the options of helping the existing venue -- let's say, in Wynwood -- with some of those upgrades to make their transition a lot easier. Commissioner Gort: My -- Commissioner Spence -Jones: That's all I'm saying, Marc. Commissioner Gort: -- statement -- Commissioner Spence -Jones: I mean, if you're going to ask -- if you're going to push -- I'm sorry. If you -- Commissioner Gort: -- was from the beginning -- and I just talked to the CAMACOL, that they very much involve with the film industry, to set up the committee, get together with the Administration and see what we can do to make sure they can stay here. Commissioner Spence -Jones: Right. And I'm just saying, at the end of the day, it's all going to boil down to Commissioner Gort, the five of us that sit up here 'cause I know -- I already know that property that Commissioner Sarnoff is talking about is that it's going to come down to revenue. And I'm saying if this is something we're truly committed to, I just would like to have that consideration on any upgrades that may need to happen, to at least lighten their load. I'm sure that will assist them with making their decision. So that's all I'm saying, is if we can at least think on that. We don't -- I don't need an answer now. I'm just saying think on it. Chair Suarez: But I think we're all in agreement that we're going to see the financial implementation analysis and they're going to continue negotiating, I'm assuming, with their producers to see if they get picked up and we'll take it from there. And we will try to get you a decision -- a final decision as quickly as possible in consideration of the issues that you have to deal with, okay? Commissioner Spence -Jones: And do you want to -- City ofMiami Page 221 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 D2.1 12-00671 Chair Suarez: And I'm in favor of trying to figure out a way to make the other facility -- but, you know, it's something definitely to think about and talk about -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- andl know -- you know, we can think about it and talk about it more often and we could talk about it in the CRA too. We can make it a discussion -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- item in the CRA. Commissioner Gort: The other facility is ideal. Commissioner Spence -Jones: So Commissioner Gort, are you appointing somebody from the Administration to work along with CAMACOL to come up with a transition plan? Commissioner Gort: No. I'll let the Manager do that. I don't have the power to do that. Commissioner Spence -Jones: No. I'm saying are you directing the City Manager to -- Commissioner Gort: I'm directing the City Manager to -- Commissioner Spence -Jones: -- direct a staff member to -- Commissioner Gort: -- appoint someone to -- Commissioner Spence -Jones: -- work along with CAMACOL? Commissioner Gort: But we have someone in the film -- that's supposed to be in charge of the films, okay? Commissioner Spence -Jones: Okay. All right. Chair Suarez: Okay, guys. Thank you. Thank you so much for coming. Commissioner Gort: Thank you. END OF DISTRICT 1 DISTRICT 2 VICE-CHAIRMAN MARC DAVID SARNOFF DISCUSSION ITEM STATUS REPORT ON THE STATE OF THE AUDITOR GENERALS OFFICE. 12-00671 Status Report - Auditor General. pdf DISCUSSED City ofMiami Page 222 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: Status report for state of the auditor general's office. Commissioner Carollo: I thought yours were deferred. Chair Suarez: All yours are deferred? Vice Chair Sarnoff I'll defer them. I'll -- wait a minute, D -- Commissioner Carollo: I thought that's what I heard in the beginning of the meeting. Vice Chair Sarnoff You're right. You know what, I'll stick with it. No, no, I'm sorry. There was one thing, discussion on special events. Chair Suarez: D2.3. Vice Chair Sarnoff D2.3 and I -- Chair Suarez: Right. Vice Chair Sarnoff -- believe somebody -- Commissioner Spence -Jones: But can I ask you -- on the auditor general's what was it about, though, just so I -- cause we can't talk any other time. Vice Chair Sarnoff Do you want to know the truth? Commissioner Spence -Jones: Yeah. Chair Suarez: We can just do it. Vice Chair Sarnoff It's embarrassing, the truth. Somebody heard me say we needed to have the auditor general come up and speak to us and they put it as a discussion item -- Commissioner Spence -Jones: Okay. Vice Chair Sarnoff -- on my page -- Chair Suarez: And it wasn't -- right. Vice Chair Sarnoff -- and it wasn't fully developed. And instead of embarrassing myself in front of you guys, I was going to come up with some issue. Chair Suarez: You were basically going to make something up. That's okay. Commissioner Spence -Jones: Okay. So you're okay, Mr. Auditor General. I know you've only been on the job -- Vice Chair Sarnoff You want to come up and say something? Chair Suarez: No, no. Look -- Commissioner Spence -Jones: It's okay. Chair Suarez: -- I think it's encouraging to have you here. Thank you for coming. You know, we always have our Charter mandated officers here, the City Clerk, the City Attorney and it's good City ofMiami Page 223 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 to have the City auditor here in case there are questions or issues that arise that we may need your professional expertise on. Is that okay? Vice Chair Sarnoff All right. Yeah, that's fine. That's fine. I apologize, Mr. Guba, for being here all -- part of the day. That's the -- that was the truth of what happened. Commissioner Spence -Jones: We just want to know if you're still happy. Theodore Guba (Auditor General): (UNINTET,TIGIBT,F). Commissioner Spence -Jones: We just want -- Chair Suarez: Are you still happy? Commissioner Spence -Jones: -- to know if you're still happy. Chair Suarez: You got to speak into the mike. Commissioner Spence -Jones: Okay, good. Mr. Guba: I'm still happy. Chair Suarez: Okay, good. Commissioner Spence -Jones: Okay. D2.2 DISCUSSION ITEM 12-00750 D2.3 12-00754 STATUS OF HIRING POLICE OFFICERS. 12-00750 Email - Status - Hiring Police Officers.pdf 12-00750-Submittal-Vice Chair Sarnoff.pdf NO ACTION TAKEN DISCUSSION ITEM DISCUSSION ON SPECIAL EVENTS FEES. 12-00754 Email - Special Event Fees.pdf 12-00754-Submittal-Ironman Miami Expense Break.pdf 12-00754-Submittal-Ironman Economic Impact.pdf DISCUSSED Vice Chair Sarnoff Mr. Chair, I believe Frankie -- is Frankie --? Chair Suarez: Yeah, yeah. I see him back there. Vice Chair Sarnoff I should have seen the sun rise. The sun -- Chair Suarez: Yeah, yeah. Vice Chair Sarnoff This was a discussion on special events. Andl thought this is a discussion City ofMiami Page 224 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 that I could almost just throw the ball up in the air 'cause there's a lot of you that have a lot of thoughts on special events, what they do for the City and how -- you know, the best thing for me to do is let Frankie Ruiz speak. Come up here for a second. Explain to us what your issues are 'cause it's an issue of everyone, and tell us what your problem solution -- Frankie Ruiz: Frankie Ruiz, 3575 West Glencoe Street. Thank you, Commissioner. I'm pretty sure I've talked to pretty much each one of you at some point or another. I've been producing the ING (International Netherlands Group) Miami Marathon for close to 11 years now. And we've appreciated the back and forth and I think the last five or six years the City has pretty much been absent of the -- of supporting the event from any financial perspective, outside of the DDA (Downtown Development Authority). I am always the first one knocking on doors asking for some help. Our fees this year were close to $250,000, and I'm always told there's no money. And then you hear down the road that money was given to certain events and everything. And I'm not here to put down any event. I'm just here to maybe encourage there to be somewhat of a process to obtaining these monies, if they should become available on the basis of merit and anything ranging from cultural activities to tourism and the likes of what some of the other cities are doing. And that's basically it. This year, we already sat through our first special events meeting and we learn now we have a new fee related to signage at our event. So sponsorship signage now is going to be part of a -- they somewhat tabulated a $15, 000 fee for putting up sponsor signage. Commissioner Spence -Jones: Wow. Where did that -- from the City? Mr. Ruiz: They say it doesn't apply -- a lot of things don't apply to special events, but they try to apply them to special events, including a parade route fee. I mean, we get all sorts of things. So every year it feels like we're fighting for six, seven months the fees. And just wanted to kind of bring the issue up. I think Christian is here also from the Iron Man event as well, so we're not alone in this. Chair Suarez: Yeah. Let me -- can I -- May I? Vice Chair Sarnoff Please. It really was just brought up for everybody. Chair Suarez: Yeah. Vice Chair Sarnoff I'm not the best at special events, Michelle, by any stretch of the imagination. This is -- Commissioner Spence -Jones: But I'm going to that Mango Strut and I'm going to that bed race. Vice Chair Sarnoff And you are, and you're going -- you are. Chair Suarez: Here's my -- and I've spoken to Frankie on this on a number of occasions. When we first got here -- andl got to give credit to Commissioner Carollo as well on this -- we were giving out money for special events without even a budget. That was the first -- and this is -- this predates you coming back. The second -- at the Commissioner's insistence, he said, listen, we need to create a budget for this. We shouldn't be giving money out and then retroactively approving the -- you know, the allocations. So we created a budget andl think that was a good -- a step in the right direction. We didn't really create a criteria for how the money was spent nor divided by districts, nor do anything like that. And we did kind of try to say that we were going to preserve certain parades, okay, yeah. Commissioner Carollo: Signature parades. Commissioner Spence -Jones: Yeah -- City ofMiami Page 225 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: Right. Commissioner Spence -Jones: -- signature parades, yeah. Chair Suarez: Which ones are they? Three Kings -- Commissioner Carollo: Three Kings and -- Chair Suarez: -- and Martin Luther King, okay. Commissioner Carollo: -- Martin Luther King. Commissioner Spence -Jones: And -- yeah. Chair Suarez: Those are the parades. And then, you know, the budgeted amount was greater than what the cost of those two parades were that we were subsidizing. And I've been advocating us to continue to improve this process, to do something -- either set up a criteria -- exactly what you're saying -- or divide it by districts or do something that is, you know, kind of fair and the -- and Commissioner Carollo andl have debated this at the last Commission meeting. I think it was the last one; maybe it was the one before. And he made some good points about, you know, the fact that we wanted to protect these signature parades and that, you know, it's not quite that simple. But I'm glad you're here because you've been getting hit on all sides. First of all, you've been getting hit on costs that have been rising year after year, in many ways, arbitrarily. In some ways, we've worked with the Administration to investigate why you're being charged a certain, you know, distance or whatever and then the Administration has come, you know, to a conclusion that, in effect, they were overcharging you. So, you know, we've worked with the Administration to try to fix those things. But I can understand your position, you know. You're a private sector company, you know. You're trying to, you know, do something that's wonderful for the City ofMiami. It's extremely successful. I don't know how many runners you have -- you're up to now. Mr. Ruiz: We had 25,000 last year. This year we're expecting 27,000. Economic impact report was done; 52 million in economic impact. Directly with the City, I'd say 10,000 room nights. In about five years, we have the economic impact of a Super Bowl. I know I say that and everybody cringes, but we're here year in, year out and we continue to grow. Chair Suarez: Yeah. The point is you're -- it's a massive event, you know, and you're getting no help from the City and, in fact, it's the opposite. It seems like every year they're cutting into -- and increasing their expenses one way or another, one way, shape or form. And so, look, that's my position. I don't know how everyone else feels. Commissioner Spence -Jones: Mr. Chairman, I just have -- Chair Suarez: Yes. Commissioner Spence -Jones: -- I -- Commissioner Carollo: You know I haven't spoken much today, but -- Commissioner Spence -Jones: Because you're saving it for later. We already know. Chair Suarez: Yeah, he's saving it. That's right. Commissioner Spence -Jones: You're going to wear us out later. City ofMiami Page 226 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: Give credit where credit is due. Commissioner Spence -Jones: Give him whatever he wants, give him whatever he wants; time to go home. But anyway, what -- you already know from -- you and go way back, even before I was a City Commissioner, you know, working in the department, that we had -- and you know this, Frankie -- a process. So, you know -- and you participated in the process, meaning there was a grant application. There was a -- you know, a process. There was a selection committee and organizations had an opportunity to participate. Somewhere down the line, I don't know what happened to that process, but the whole granting pro -- Commissioner Regalado, you remember. We had a granting process. That all went away. I think that it's extremely important to revisit it, to look at the old system that we did have in place as far as the granting application. Andl believe -- I know at least under the -- during the tenure thatl was in that department, you at least received two or three grants up under there. So -- and you have grown tremendously since then -- Mr. Ruiz: Right. Commissioner Spence -Jones: -- 'cause I remember the beginning stages of what you were doing. So I think that I would like to make the recommendation to my fellow Commissioners that we look at the old process that we did have. Maybe there might -- needs to be -- might need to be some changes added to that. I believe our grants division or our parks division was the group that was kind of handling it at that time. Andl believe we broke it up based upon special events that had economic impact. They got more points for certain things because it brought more money into the city. And then we had just regular local grants for district Commissioners because every event is not going to generate revenue. Some events are just goodwill events, you know, that people are not making any money off of. And I'm sure in your case you are not only -- you're making money off of your events as well. Mr. Ruiz: Right. Commissioner Spence -Jones: So I would like to at least be able to add to that, Commissioner Suarez, and to my other fellow Commissioners, that we look at the old process to see how we can make some changes on it and ask, I guess, Luis now sitting in the seat -- Luis, you look different. What's happening over there? Commissioner Gort: He didn't wash his face. Commissioner Spence -Jones: Luis, is there any way --? I know Parks falls up under your department. Maybe perhaps you can get with them to find out what the original process was to see if we can make some adjustments to it. Andl know the Mayor -- we also have the Arts and Entertainment Board? Commissioner Carollo: 501 (c)3. Mayor Tomas Regalado: Council. Commissioner Spence -Jones: Council. Is it still active? So maybe they could also play a role. Towards the end of our grant process -- I don't know if you remember this, Frankie -- and that was when Arts and Entertainment Committee [sic] came on board -- I know they actually participated in the process because that gave them an opportunity to have something extra to do. So maybe perhaps they could be that board that actually has a certain amount of money that they allocate to these events after going through the process. So that could be probably, you know, at least deal with issues like Frankie's discussing. But overall, guys, I think we still need to have in our own districts a smaller pot of money for these signature -related things that we do that are City ofMiami Page 227 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 important to our communities and our cultures. I just think that's necessary. Mr. Ruiz: Yeah. I feel bad that I constantly have to, you know, every year come to you guys about it and l feel that you guys are not just dealing with me, but you're dealing with a number of issues related to this. Andl watch kind of what happens on the other side of the bridge andl'm not saying that it's perfect over there -- Commissioner Spence -Jones: Yeah. Mr. Ruiz: -- but the wheel's been invented over there, similar to what you had going, and maybe you can look to them. And it's not because we're awarded money over there that I'm saying to go that way, but they do have a formula. It's been tested through heads and beds, with media impressions, with cultural sensitivity, all that kind of stuff happens. Commissioner Spence -Jones: Well, actually, Frankie, that's where we got it from. We sat down with the City ofMiami Beach. We crafted a process. We worked with Miami -Dade County Cultural Affairs. Michael Springs helped us put together a real great process. But somewhere along the way, it got pushed aside and we stopped having, you know, this process put in place. I just think we need to bring it back to the forefront and get started with it again. Mr. Ruiz: And it's real transparent. They force us to even get an audit and so -- Commissioner Spence -Jones: Yeah. Mr. Ruiz: --I mean it's all there. Commissioner Spence -Jones: I'm just going to say to my fellow Commissioners 'cause they're going to see this very quickly -- I want you to hear this Commissioner Suarez 'cause this is just for you. Chair Suarez: Go ahead. Commissioner Spence -Jones: Okay. Chair Suarez: Sorry. Commissioner Spence -Jones: So that -- Chair Suarez: Trying to get us out of here quick. Commissioner Spence -Jones: -- so that's why they're going to see very quickly how fast that $250, 000 go, you know, that we currently have. Like, for instance, this year how fast it goes when we start opening ourself up -- ourselves up to additional major events like yours which are really important, they're going to see that we're not going to have any money left. And that was the reason why I was trying to move that fee to a dollar across the board, andl'm sure my fellow Chairman knows what I'm talking about, so that at least we can increase that 250 to like 500 -- Chair Suarez: Bless you for that. Commissioner Spence -Jones: -- so that we have money to make sure we support -- Chair Suarez: Bless you for that. Commissioner Spence -Jones: -- events that -- like yours that I think are fantastic. Did you hear that, Commissioner Suarez? City ofMiami Page 228 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: Bless you for that. I'm -- listen, you're preaching to the choir. You're preaching to the preacher. Mr. Ruiz: And there was one more piece I wanted to mention. It's not -- I'm not necessarily saying, hey, we don't want to pay for police. I'm not -- Commissioner Spence -Jones: Yeah, I know. Mr. Ruiz: -- saying any of that. I am saying there are certain fees within the whole 250 that really are not -- I'm not being told what they're going for. For instance, when we pay for the parade route fee, the feet stomping on the side -- on the street don't necessarily cause damage to the road. What exactly is that money going towards? Those are the kinds of fees that I wanted you guys to look a little closer at, admin fees. Commissioner Spence -Jones: Or where do they go? If they do go into a certain special revenue fund so that we can continue to support other programs, then we need to do that. Vice Chair Sarnoff Can you send us a low -hanging fruit like you just described? I remember this -- Chair Suarez: I remember it too. Vice Chair Sarnoff -- the very issue you're talking about, which is we joked and said how much does a sneaker really degrade asphalt. Commissioner Gort: Right, how much it's going to -- right. Chair Suarez: Right. Vice Chair Sarnoff Right. Commissioner Gort: Yeah. Commissioner Spence -Jones: Are you going to say something? Vice Chair Sarnoff So are there others like that? I mean -- Mr. Ruiz: And now we hear the signage issue, and then there's the admin fees on top of your hourly rates. With -- those are some more justification, but even then we do hear that someone either got it waived or now there's a new process. It's still somewhat cloudy for us, so those are pretty much the, you know, fees I'm referring to. They're kind of -- and I guess the word is arbitrary, like where does this come from. Commissioner Spence -Jones: Yeah. Mr. Ruiz: And then we have to argue it down and it seems like one year it's less, one year it's more. Commissioner Spence -Jones: Well, I'm just so glad Commissioner Sarnoff, the D2 (District 2) Commissioner, brought this item up. Vice Chair Sarnoff Isn't it odd. Commissioner Spence -Jones: Did you want to say something? City ofMiami Page 229 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Daisy Lewis: Sure. Hi. I'm Daisy Lewis, 2472 Inagua Avenue in the Grove. Thank you for having this discussion and allowing us who are in events to come forward and discuss -- it's -- you know, we've talked amongst ourselves quite a lot in the last few weeks and it's not just that we're seeing fees that are absorbant [sic]. We're raising -- which they are. They're going up and it's in direct correlation, we understand, with loss of revenue and being a city that's in debt and it's difficult. What's fantastic is to hear you, Commissioner, discuss the process. As you remember back when we flipped roles, when I was with the City subsidiary of MSEA (Miami Sports and Exhibition Authority), we sat with you and we created that same process. Commissioner Spence -Jones: Yes. Ms. Lewis: What a process does allows you to compare apples to apples and to not be in such a reactive state that this Commission is put into, that the City's put into. If we can assist in that process, I think us as event producers will be more than happy to assist in that process. We even related it back to the national standards -- Commissioner Spence -Jones: Yeah. Ms. Lewis: -- that go on impressions, economic impact. But to your point, something that MSEA and the City did before that would be great to see in that is there was an area of flexibility that simply gave points for cultural impact, for areas and cultures that maybe didn't have a parade, even though it was a new event, things like that. And they also allocated the monies by quarter. So if it was in a downtime economy, like the summer is in Miami, you got extra points for that as well because you were bringing foot traffic and heads in beds during a time when the merchants of this entire city really needed it. So there're standardized national point systems that we can revive and probably rather than reviving your old system is to look at those national systems that are already in place and then create an extra area that's just cognizant of those other intangibles that the City has. And if you really do that here in the City, I think you'll set a precedent for other subsidiaries that aren't currently using a good system. It'll set a precedent for business improvement districts across the county and the city. So to see that and to be a part of the process would be really helpful. I don't think you have a lot of control over most fees. Commissioner Spence -Jones: Yeah. Ms. Lewis: We can give some low -hanging -fruit to the Commissioner, but most of the fees for us when we discuss as producers are police, fire, permits, some things that you -- we've watched just grow -- Commissioner Spence -Jones: Yeah. Ms. Lewis: -- and there's nothing you can really do about it with unions and safety and systems, but offsetting some of them through a grant funded program that compares apples to apples and is not reactive, but proactive by quarter, by culture, by district would be fantastic. Commissioner Spence -Jones: Great. Commissioner Gort: Very good. Chair Suarez: Sir, you're recognized. Christian Anderson: I'll make it brief. Chair Suarez: Thank you. City ofMiami Page 230 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Mr. Anderson: I'm Christian Anderson. I'm with the Iron Man Miami and I share the same points with Frankie and some of the races out there. I think that this is just great for the City. And besides the granting process, I'll share with you guys some of the numbers so you guys can have a general idea of what we go through in order to produce this event. And the economic impact is there, definitely a $52 million economic impact is up there for the INGMiami. The Iron Man Miami, which is a triathlon, brings approximately $18 million economic impact over a period of a week. So we just simply asking for the support, for you guys to take a look at those numbers besides police that we know that there may not much to be done about that or fire. There are some other fees, just like the 25 cents per linear foot that is a City fee. There are some other fees like signage and some other ones. So if you do have the moment, take a look at those fees and if there's anything that could be done in order to support us continuing this -- having event year after year, we'll greatly appreciate it. Chair Suarez: Thank you, sir. Vice Chair Sarnoff But just looking at your budget -- and I'm not trying to belabor this. I apologize. But if I look at what you've just -- you sent us a budget of almost $200, 000 for -- Mr. Anderson: Correct. Vice Chair Sarnoff Okay. Mr. Anderson: Just for the City ofMiami. Vice Chair Sarnoff No, no, I get that. But if -- let's say Commissioner Gort, out of his magnanimous desire says, all right, let's bring up Public Works. It used to be .25 cents per linear foot and this banner and advertisement is crazy. He saves you $5, 000. Is that the kind of --? You're not looking for $5, 000 on a $200, 000 budget, are you? Mr. Anderson: Well, to be quite honest with you, right now we're receiving close to nothing so -- Vice Chair Sarnoff So that would be a step in the right direction? That's what you're looking for? Mr. Anderson: It would definitely be a step toward the right direction. What we're looking at here is a little bit here, a little bit there definitely counts. Vice Chair Sarnoff Okay. Chair Suarez: I think when you're getting nothing, getting something is probably something good -- Mr. Anderson: Right. Chair Suarez: -- so you know -- Vice Chair Sarnoff Certainly. Chair Suarez: -- andl think, obviously, you know, like you said, these are profit -making ventures and, you know, the less cost you have, the better your profit margins, et cetera, et cetera. It's just, you know, simple math. But -- you know, andl think what it is is also fairness argument, you know. They see some events being subsidized and others not being subsidized and it's like why? So -- Vice Chair Sarnoff Absolutely right. City ofMiami Page 231 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 D3.1 12-00756 Mr. Anderson: Thank you. Chair Suarez: Thank you. END OF DISTRICT 2 DISTRICT 3 DISCUSSION ITEM DISCUSSION ON ORDINANCE 13312 - EXCAVATED SITES. 12-00756 Email - Excavated Sites.pdf DEFERRED Note for the Record: Item D3.1 was deferred to the July 26, 2012 Commission Meeting. Chair Suarez: I think Commissioner Carollo wants to defer the remaining items on the agenda. Commissioner Carollo: Yes. Chair Suarez: No, no. Don't answer it that way. Do you really? All of them? Commissioner Carollo: All of my blue pages. Chair Suarez: Okay. I thought you were going to say all of them, all of them. Commissioner Carollo: No. Chair Suarez: Okay. District 3.1 -- I think you already talked about 3.2, which is -- Commissioner Carollo: Yeah. Chair Suarez: -- the budget. So 3.1 is going to be tabled 'til the next -- or not tabled, deferred to the next Commission meeting. Commissioner Carollo: Yes. Chair Suarez: Okay. Commissioner Carollo: I want to defer D3.1. D3.2 DISCUSSION ITEM 12-00762 DISCUSSION REGARDING THE UPCOMING BUDGET (2012-2013). 12-00762 Email - Upcoming Budget (2012-2013).pdf NO ACTION TAKEN COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 City ofMiami Page 232 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 D4.1 12-00724 NA.1 12-00805 DISTRICT 4 CHAIRMAN FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING PROPOSED BASE RATE INCREASE BY FLORIDA POWER AND LIGHT (FPL). 12-00724 Email - Proposed Base Rate Increase - FPL.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item D4.1 was deferred to the July 26, 2012 Commission Meeting. END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM BRIEF DISCUSSION BY THE CITY COMMISSION COMMENDING THE CITY'S ADMINISTRATION FOR STANDING FIRM ON THEIR POSITION REGARDING THE JUNGLE ISLAND MATTER AND ENSURING THAT THE CITY'S INTERESTS WERE PROTECTED. DISCUSSED Chair Suarez: Okay CA.4. Commissioner Spence -Jones: Mr. Chair. Todd Hannon (Assistant City Clerk): Chair. Commissioner Carollo: Hold on. Chair Suarez: Yes. Are we missing --? Yeah, sure. Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Go ahead. Commissioner Spence -Jones: I just want to say one thing to the overall -- City ofMiami Page 233 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: Sure. Commissioner Spence -Jones: Now that we have beat up the City Administration for the last hour -- Johnny, now that we have beat you up for the last hour, we would like to at least acknowledge the Administration, the City Administration for them standing firm on the Parrot Jungle issue -- Chair Suarez: Yes. Commissioner Spence -Jones: -- you know. And my fellow Commissioner Sarnoff, I don't what tea leaves -- reading the tea leaves means, but I do want to acknowledge when people do good, you got to acknowledge them. So you guys stood firm on this issue and made sure that, you know, the City was protected in the midst of all of this, andl wanted to at least -- and I'm sure the Commissioners agree that we acknowledge you for at least holding firm on this issue. Johnny Martinez (City Manager): It was a team effort. Chair Suarez: Okay. Vice Chair Sarnofff. And Mr. Manager, you're a talented guy. I know you defer to a lot of people and you allow them to bring things to you, but when you're personally involved, you're a talented guy. I don't know if you can save this in the next two weeks, but I think it needs your personal involvement. I'm going to present two issues for you that I believe have hurt this process. Parking. If you look at every one of these presentations, they struggle with parking. There is a solution to parking. I gave it to you guys two years ago. It fell on deaf ears. You weren't the Manager then. The second thing you need to reconsider is length of time at the Chart House. If they're going to go out and get a bank loan, a bank is going to want them to amortize that in 30, 35 years. I know there's a way they could get to 30 years, but I bank doesn't want to hear you can get to 30 years. The bank wants to hear -- Chair Suarez: You have 30 years. Vice Chair Sarnofff. -- you have 30 years. And those two issues would have made this an easier and more expedited and maybe a better process. Parking is up here. The extra ten years for Chart House is right here, but they were easy solutions. And once parking would be provided, you would see different presentations, because they don't have to worry about running into forklifts and where do you park this and where do you park that. I just strongly urge you to think about it in terms of -- wherever you're going to go in the next two weeks and wherever we go from here, those are two issues that as an engineer you understand. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: Andl want to add to what Commissioner Spence -Jones had said and specifically now because it's not just Jungle Island. It's not just this RFP (Request for Proposals). It's all of it put together at the same time, which I know takes a lot of time. So in all fairness, we also understand that everything's just piling up at the same time and realistically -- andl have to admit, and it takes a lot of efforts and guts. -- you're not just trying to ram everything down someone's throat and say no, no, this is the way we're going and that's it. No. You are really trying your best to make the right decisions and, in all fairness, we're starting to see the results. I really do believe a few years ago, the position you took with Jungle Island would not have been seen. It would have been one way or another, whether okay, we make a little adjustment here, a little adjustment there, but we need to go to the voters and we ram it down, you know, the throat somehow. It would have happened and it did not happen. You know, even with this, I really believe a few years back, guess what, one way or another, it's going to the City ofMiami Page 234 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 voters; we don't care. And, you know, we're having dialogue up here because we really, you know -- and that's really working as a team. So I do believe that you do need to be commended, and Commissioner Michelle Spence -Jones is correct. Thank you. Vice Chair Sarnoff. Andl -- can we go from right to left? Commissioner Gort: Okay Chair Suarez: I want to jump in the praise party, but -- Commissioner Gort: Enjoy it; talking good about you. Smile. Chair Suarez: -- I also -- no. Because I think one of the things that the Commissioner said is true. You know, you're very sensitive to everyone's -- despite the process and all these other things and that -- andl think you -- we've all kind of collectively learned that lesson. I think you're very sensitive to the different -- you know, it -- you have a very hard job. I told you the day you got it. You have almost an impossible job. You have to keep one person who's a nonvoting member of this government happy and then you got to keep at least three voting members of this Commission happy at all times and that is not an easy thing to do. But I also would like to pat ourselves on the back a little bit too. You know, I think this Commission has changed the culture of the way this City's been run, and you know, it's evidenced by the fact that we've reduced property taxes 22 percent in the last couple of years, we've saved about 165 million in nonrecurring expenses in the two budget years that we voted on. You know, we've done that, all the while increasing our reserves, which is unbelievable, unheard of. Andl think we send a very strong message to the community that, you know, because of the impact that, you know, our economy's had on our residents and our employees that we can't with outside vendors and outside people, we can't be any less tough on them than we are on our own. So you know, I think I just -- you know, I think we should pat ourselves on the back a little bit too. Commissioner Gort: If you recall, the day we appointed you, I look at your wife andl tell her forget about him; you're not going to see him for a while. Chair Suarez: Yeah, that's right. Commissioner Gort: And what a lot of people don't understand is your job is a lot harder than many of the managers because you inherited a lot of problems. You inherit changes in Administration. You inherit a culture that existed here that you are changing little by little andl think that's very important, what you're doing, and it's not easy andl understand. Andl ride you quite a bit andl go after you quite a bit, but do it because I think you're the right person to do it and you're the right person to talk to. But at the same time, I think the message that goes out, this is a different Commission. This is a Commission that's going to analyze things. It's going to look at it, and it's going to select what's best for the City ofMiami. So I too thank you. Move it. Chair Suarez: It just brings me back. Commissioner Gort: CR.4 [sic]. Chair Suarez: Okay. We approved the minutes of the Commission meeting. NA.2 DISCUSSION ITEM 12-00811 BRIEF DISCUSSION BY COMMISSIONER SPENCE-JONES REGARDING PROBLEMS WITH CHICKENS AND ROOSTERS IN DISTRICT 5. DISCUSSED City ofMiami Page 235 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Direction by Commissioner Spence -Jones to the Administration to bring back an action plan to address the chicken and rooster problem in District 5 at the next Commission Meeting, scheduled for July 26, 2012. Chair Suarez: Does anyone have any pocket items? You want to take a five-minute break? Commissioner Spence -Jones: Yes. Vice Chair Sarnoff Yeah. Can we take a --? Chair Suarez: Okay, you have a pocket item? Commissioner Gort: Let's take five. Commissioner Carollo: Are we ever going to get on my items? Chair Suarez: Yeah, we are. Commissioner Spence -Jones: So did we deal with all your items? Chair Suarez: No. We -- Commissioner Spence -Jones: Frank -- are you laughing at me, Frank? Chair Suarez: -- didn't. We didn't deal with his items. Commissioner Spence -Jones: You did your items already? Commissioner Carollo: Of course. Chair Suarez: We're done with his blue page items. All right, let's go. You have a pocket item? Vice Chair Sarnoff What are you talking about; we got the Charter items done. Commissioner Spence -Jones: Yeah. Well, actually, there's two things that I just wanted to mention to the Administration. I'm not really sure if you guys are having any issues with it, but I'm definitely having issues with the chickens in my district and roosters. I mean, there -- no, they're really out of control right now. Chair Suarez: I might be having that problem too. Commissioner Spence -Jones: So -- Vice Chair Sarnoff You're sure they're -- Chair Suarez: I'm having that problem. Vice Chair Sarnoff -- not peacocks that are migrating? Chair Suarez: No. They're definitely chickens. Commissioner Spence -Jones: Can bring the roosters to Coconut Grove? Vice Chair Sarnoff No, but I think they'd like you to give back the peacocks. City ofMiami Page 236 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: Can I have the peacocks? Commissioner Gort: You can have an exchange. Commissioner Spence -Jones: Can I have the peacock? Chair Suarez: Go ahead. Commissioner Spence -Jones: But no, all jokes aside, the -- Administration, I don't know if this is a -- I know at one time there was something to deal with the number of roosters and chickens. Commissioner Gort: There's a chicken squad. Commissioner Spence -Jones: It is -- between Overtown, Little Haiti and Liberty -- I don't -- and Wynwood, the roosters are out of control. What can we do about the roosters and chickens? Commissioner Carollo: Grab a net and -- Commissioner Spence -Jones: No, I mean -- I'm -- Commissioner Carollo: -- NET (Neighborhood Enhancement Team) used to do it. Chair Suarez: Yeah. Commissioner Spence -Jones: Am I the only one having this issue? Chair Suarez: No, no, no, no, no, no. Commissioner Carollo: NET used to -- no, I'm serious. Chair Suarez: You're not the only one, and NET used to do it. Commissioner Carollo: NET used to do it. They had a couple of nets, and they would go out there and they would catch chickens. Chair Suarez: They even had a television show, I swear to you. Commissioner Carollo: Yes. Chair Suarez: There was a television show where they ran around and got chickens -- Commissioner Carollo: Yes. Chair Suarez: -- all over the City ofMiami. Commissioner Carollo: I'm serious. Chair Suarez: This is a serious thing. Commissioner Carollo: You get -- Commissioner Spence -Jones: Okay. Commissioner Carollo: -- a couple of nets -- City ofMiami Page 237 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Chair Suarez: Let me tell you. Commissioner Carollo: -- (UNINTET,TIGIBT,F) enough people -- Chair Suarez: If you have a chicken loose in your block, it is like -- it is death to your quality of life. Commissioner Spence -Jones: I was in a -- andl was in a very important meeting in the heart of Little Haiti yesterday and every time I opened -- Chair Suarez: I'm being serious. Commissioner Spence -Jones: -- every time someone opened their mouth to say something, the rooster was crowing or whatever they do. So can -- on the City park, mind you. Chair Suarez: Can you transcribe that? Commissioner Spence -Jones: On the City park. It was at Little Haiti Park. So the roosters are actually living on the park. So I just have to ask you, can we please -- can you guys, the Administration, at the next meeting come back with a chicken plan, a rooster plan? Luis Cabrera (Assistant City Manager): Commissioner, before NET and Code Enforcement had a chicken buster team that would go out and address these issues. Commissioner Carollo: You see. Mr. Cabrera: So the Administration will come back on the next meeting and provide you a recommendation and a plan of action to address that. Commissioner Spence -Jones: Please. Mr. Cabrera: Thank you. Yes, ma'am. Commissioner Spence -Jones: Please. NA.3 RESOLUTION 12-00787 District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO Michelle EXECUTE AMENDMENT SIX TO THE FISCAL YEAR 2005 COMMUNITY Spence -Jones DEVELOPMENT BLOCK GRANT DISASTER RELIEF INITIATIVE ROUND I CONTRACT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI, EXTENDING THE CONTRACT FROM JULY 31, 2012 TO DECEMBER 31, 2012, UNDER THE MILITARY CONSTRUCTION APPROPRIATIONS AND EMERGENCY HURRICANE SUPPLEMENTAL APPROPRIATIONS ACT, ALSO KNOWN AS DISASTER RECOVERY PROGRAM, FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 12-00787-Submittal-Draft Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City ofMiami Page 238 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 R-12-0254 Commissioner Spence -Jones: Okay. The second thing had was -- apparently, this is the -- you guys should have a copy of the D5 (District 5) pocket item. This is in reference to Town Park. Madam City Attorney, do you want to kind of explain what this is and why we need to do it now? Julie O. Bru (City Attorney): Mensah can do it. Commissioner Spence -Jones: George Mensah. George Mensah: George Mensah, director of Community Development. Commissioner, this is just an extension of their DRI (Development of Regionallmpact) program. It was supposed to have ended July 31, but the State provided an extension and the main project is the Town Park. Commissioner Spence -Jones: Okay. So this is just extending -from July 31 to -- Mr. Mensah: Thirty-first to December 31. Commissioner Spence -Jones: -- December 31. Mr. Mensah: Yes. Commissioner Spence -Jones: Andl believe Commissioner Edmonson on the County has already handled everything we need to handle on that end. Mr. Mensah: Yes. Commissioner Spence -Jones: Andl believe the delays were -- Mr. Mensah: They just want this -- Commissioner Spence -Jones: -- partly caused by -- Mr. Mensah: Yeah. Commissioner Spence -Jones: -- the delays in the County, correct? Mr. Mensah: Yes. That's correct. Commissioner Spence -Jones: All right. And we're not spending any money on this item. Mr. Mensah: No. Commissioner Spence -Jones: This is just an extension. Mr. Mensah: Extension, yes. Commissioner Spence -Jones: Okay. Vice Chair Sarnoff So this is nonrevenue, right? Commissioner Spence -Jones: Nonrevenue. Mr. Mensah: It's no revenue. Commissioner Spence -Jones: Do you think I'm going to come back for another beating the next City ofMiami Page 239 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 NA.4 12-00813 Commission meeting? Vice Chair Sarnoff No. It can come back, that's cool. But I -- Commissioner Spence -Jones: No money being spent. Vice Chair Sarnoff Gotcha. Commissioner Spence -Jones: Okay. Vice Chair Sarnoff I can support it then. Commissioner Spence -Jones: Okay. Chair Suarez: Is there a motion? Commissioner Gort: Second. Vice Chair Sarnoff Second. Chair Suarez: Motion by Commissioner Spence -Jones, second by the Vice Chair. All in favor, signify by saying iiye. " The Commission (Collectively): Aye. DISCUSSION ITEM DISCUSSION BY COMMISSIONER SPENCE-JONES REGARDING THE INCREASE IN THE HOMELESS POPULATION IN OVERTOWN AND THE NEED FOR POLICE PRESENCE IN SPECIFIC AREAS TO ADDRESS THE ISSUE. DISCUSSED Chair Suarez: Okay, RE (Resolution) -- Commissioner Spence -Jones: I had three. This is the last one. Chair Suarez: You had -- okay. Commissioner Spence -Jones: Not a hard one. Major, I'm not going to beat you up bad today -- Commander Jorge Gomez (Police): Okay. Commissioner Spence -Jones: -- 'cause Manny's not here -- Chair Suarez: That's comforting. Commissioner Spence -Jones: -- andl would never do that if he's not here. Commander Gomez: Thank you, Commissioner. Commissioner Spence -Jones: But what I do want to say to the Administration -- and it's not just a police issue. I believe it's a police issue. It's a green shirt issue. We -- in the heart of Overtown, I am seeing a tremendous increase of homeless people in Overtown. And don't know if that's in reference to Camillus House or something being knocked down, but I just left the City ofMiami Page 240 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 police station dealing with another issue -- I'm sure you guys have heard about the rise of gang activity that's happening in my district. Well, you do know that I had a shooting this past week -- Chair Suarez: Two blocks from your house. Commissioner Spence -Jones: -- two blocks from my house. This is the fourth shooting on my block, okay, so -- and I'm not talking about shootings; deaths on my block. Okay, so it is a huge issue, but I'm not going to get into that because we're finding a remedy for that. But whatl do want to ask you about -- in leaving your office -- on the way leaving on Northwest 2ndAvenue coming through the heart of Overtown, it was just a major wakeup call. The number of homeless people on the streets, the addicts, the drug selling, I mean, I could just -- and it's not that don't know my district 'cause I know my district. But for some reason it was like to the second power today -- that day. And I'm sure you know -- you got the call and you immediately responded to the call -- Commander Gomez: Yes, ma'am. Commissioner Spence -Jones: -- to address the issue. But then later on that night, I also took a ride -- about what time didl call you at home? Commander Gomez: It was about 11: 30. Commissioner Spence -Jones: 11: 30 what? Commander Gomez: P.M. Commissioner Spence -Jones: P.M. And literally, I'm driving in the heart of Overtown for an hour, an hour because after that happened earlier that day, I said to myself, well, let me come back in the middle of the night to see what's going on. So I rode andl rode andl rode around andl called Commander and said, Commander, I haven't seen what? Commander Gomez: You haven't seen a police car since you were riding around. Commissioner Spence -Jones: For an hour. Commander Gomez: Correct. Commissioner Spence -Jones: And l just -- I'm not going to get into any further details. I want to commend you for, first of all, picking up your phone 'cause you could have said was sleep. Commander Gomez: I was awake. Commissioner Spence -Jones: I appreciate that. But something has to be done. I mean, it is off -- andl don't know ifI can say this, Dwight, if this is the right word to say -- off the chain? Can I say that? It was off the chain in Overtown. And when I did finally see two police officers, they were coming -- and that was at like 12: 30. And people are like, Commissioner, what are you riding around doing, you know. When I did finally see them, they were coming into the area to answer a call. Commander Gomez: Correct. Commissioner Spence -Jones: So that was the only reason why they were there. Now I'm not saying the other districts don't need, you know, the attention 'cause we all do andl know that we have a police shortage and all of that. But we clearly know there are some areas that, you know -- and Overtown being one of them -- we have to have at least police officers there. And not only City ofMiami Page 241 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 that, if I'm not mistaken, we spend at least -- at least from the CRA budget, I spend how much? Chair Suarez: Five hundred thousand. Vice Chair Sarnoff No. Commissioner Spence -Jones: No, it's like three hundred something thousand. Commander Gomez: Three hundred thousand, Commissioner. Vice Chair Sarnoff Three fifty. Commissioner Spence -Jones: Three hundred thousand dollars for extra police to address these issues. Commander Gomez: Correct. Commissioner Spence -Jones: That's outside of what would normally happen in the area. So you have to understand how livid I was at 12: 30, 12: 45 at night coming -- going home to not see an officer out there. So I know you explained to me that, Commissioner, they were on the south end Commander Gomez: That particular night, Commissioner, you had on the midnight shift assigned to Overtown a total of 10 officers. That was an overlap night. But that night we had to roll back Overtown to minimum staffing 'cause we had to lend the south end -- they had several illness callers and we had to lend them some officers so they could meet minimum staffing standards and not pay overtime. And at the particular time that you and) talked, our units in Overtown, three were tied up with arrests and one was on a traffic stop. But that particular night, we had to lend the south end five officers from Overtown. Commissioner Spence -Jones: So south end, just so I know -- south end where? Chair Suarez: South of the river. Commander Gomez: Some went to Little Havana; some went to Flagami, to the south station. Commissioner Spence -Jones: Okay, so my point is -- and again, I know everybody needs officers, but just understand how concerned I am when all of the violent activity that's taking place, the majority of it, people getting -- people losing their lives to not have an officer, not one -- I'm the district Commissioner and I'm riding around and I can't find one police officer? Commander Gomez: But that particular night -- Commissioner Spence -Jones: Mind you -- wait, wait. But I'm just telling you -- Commander Gomez: You're right. I agree with you. Commissioner Spence -Jones: -- I'm telling you this as the district Commissioner that gets a million and one phone calls about people -- from my residents saying they're not seeing the police presence or whatever the case may -- whatever it is. And then my -- I myself witnessing it or experiencing it. You know, I can -- so Commander, I'm going to ask that we definitely take a ride or drive by in the evening of next week some time. There are places in Overtown -- everything in 3rdAvenue is beautiful. It's light -- lit up great, but it -- if you drive off 3rdAvenue at nighttime, at 10 o'clock and you hit 2nd Avenue or 1st Avenue, it is like -- it is -- I can just imagine people visiting from out -- somewhere else and just happen to turn left. No lights; it's City ofMiami Page 242 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 extremely dark, you know, and -- so without getting into details -- and you know I did videotape it, correct? Commander Gomez: Correct. Commissioner Spence -Jones: From 5 o'clock that day to that night, I literally videotaped it, but I'm not going to show it 'cause I gave you my word that would not do that, correct? Commander Gomez: Correct, ma'am. Commissioner Spence -Jones: Okay. I just want to see the problem get corrected. Commander Gomez: One thing that I would like to explain to you, Commissioner, on that particular night we also had the problem -solving team there, but the problem -solving team officers were also tied up 'cause they broke up a ring of thieves and they were tied up with arrests too. But in that particular night, the officers that we had assigned to Overtown were tied up with calls. But in case there's an emergency, we use what's called cross dispatch, other units from other sectors will respond to Overtown but -- Commissioner Spence -Jones: I just -- andl'm going to say this andl'm going to shut up 'cause, Gomez, you know I love you to death. You are, you know, a shining example of what officers should be, you know. And when we talk about Gomez, you worked in Overtown for God knows how long and the people of Overtown loved themselves some Officer Gomez, correct? Commander Gomez: Andl love Overtown too. You know that. Commissioner Spence -Jones: Commander -- right. I just -- I want it to be better. And it is the summertime, and between all of the gang stuff that we're working on and all of the issues and kids being out of school, we have to make sure people feel safe in their neighborhoods. Commander Gomez: Commissioner -- andl guarantee you it's going to get better. I have met with Commander Najiy and we put a -- change our strategies when it comes to the homeless issues. I contacted Loren. We're going to work with Loren and address more the homeless issue that you saw on that day. But you know, we have discussed that today also. We were -- it's a church feeding that they had that particular Tuesday night. They have the church feeding also in Overtown. But have met with the 3rdAvenue officers. I'm going to have the 3rdAvenue officers also go a little bit into 2ndAvenue, underneath the bridges, and address more the quality of life when it comes to referring homeless. We have -- since February, we have placed -- with the CRA monies, we have placed 114 homeless in homeless locations. Commissioner Spence -Jones: Right. So I just wanted to make sure -- I told you I would officially put it on the record 'cause I do want to see something change and that's the reason why I'm bringing it up. Commander Gomez: And that's why we're here, Commissioner. Commissioner Spence -Jones: And again -- Commander Gomez: And you know that I always appreciate working with you and, you know, you're the first one that will always praise me when you have to praise me but -- Commissioner Spence -Jones: Yeah. Commander Gomez: -- you always tell me the truth andl appreciate that. City ofMiami Page 243 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: Thank you, Gomez. Commander Gomez: Thank you, ma'am. Commissioner Spence -Jones: All right. Commander Gomez: And you could call me any time. Commissioner Spence -Jones: All right. Commissioner Gort: Let me ask -- Chair Suarez: Commissioner. Commissioner Gort: -- you a question. You're very lucky. I don't get -- he doesn't respond to my calls, but that's all right. Must be something -- Listen, a lot of times I've seen in small violations, five or six cars. Is there a way that you can limit the amount of people who respond to a call? I mean -- Commissioner Spence -Jones: Yeah. Commissioner Gort: -- I know that certain calls are very important. All the calls are not as important because I have seen a traffic stop and four cars. Commissioner Spence -Jones: Yep. Commissioner Gort: And -- Commissioner Spence -Jones: That's so true. Commissioner Gort: -- I don't know if that's normal or not but -- Commander Gomez: A lot of times what happens there, Commissioner, an officer will hear somebody take a traffic stop and just -- that's your fellow officer in the next zone, out of courtesy, they'll go by, make sure everything's okay. But if everything's okay, they should go ahead and clear right away and go back to their zone. 'Cause basically what we -- the zone is is just like (UNINTELLIGIBLE) basketball. Commissioner Gort: Right. Commander Gomez: If you're playing zone defense and you leave your zone open, somebody will score and we don't want that to happen but -- and we believe in zone integrity. Commissioner Gort: Thank you. Chair Suarez: Thank you. Thank you. Commander Gomez: Thank you, Mr. Chairman. Vice Chair Sarnoff Mr. Chair. Commander Gomez: Thank you. Chair Suarez: Yes. I still bring it up one more time, guys. It's a good opportunity to revisit whether you wish to -- I know your chiefs not here, but I guess I'm talking to Luis because he City ofMiami Page 244 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 sort of understands this. You may -- you're still 94 officers down. Andl mean, I'm hearing the same things that they're hearing; homeless are spreading. Could be as a result of Camillus -- I don't have the cause and effect, but I'm hearing the same thing they're hearing. And all I'm saying to you is, you could bring the number 94 down to 30, to 60, to a number by just hiring patrol cops that are retiring. There's no impediment in doing this. And what happens is what you don't use in overtime becomes a savings, andl don't think any Commissioner up here really wants the police to have savings. I think the savings we want are lives. I think the savings we want are property. I don't think we want our money back from the police department. We want you to -- all we can do up here is give you the resource. We're trying to give you -- I'm trying to give you -- maybe they don't support me -- a strategy. When you find yourself a little bit behind the eight ball -- and know it's -- sometimes, you know, you're up here and you get the impression that the Administration is giving you a wink and a nod, which means, yeah, sure, Commissioner. We'll get to it. And they don't. I'm going to say it and I'm going to keep saying it because the only thing can ask of you, Mr. Manager, is to consider a strategy to put more police officers on the street. That's all can do. Commissioner Spence -Jones: I -- Chair Suarez: Commissioner. Commissioner Gort: The thing about that point, I understand we have -- I don't know how many certified police officer that have been going to our college, that have paid their $10, 000, that been qualified and all that. If there's a problem in hiring those people, let us know. This is something that I've been telling you all along. If you have a problem recruiting individuals, we have plenty of individual thatl know they have applied. They're in some kind of a list. They're ready. They're certified by the state. What's holding them? Assistant Chief Rodolfo Llanes (Police): Commissioner, just to address that -- Rodolfo Llanes, assistant chief Administration. The background process that they go through to be put through the academy is a completely streamlined approach that doesn't -- it's not consistent with our background process to become a police officer. What we're doing at the academy is we're getting you trained and certified as a police officer to state standards. That doesn't mean that your background or your personality is consistent with what we want as a police officer. And so it makes sense to the outsider to say, well, if you're training them already, why don't you just bring them in. There are people that go through the academy that are definitely qualified to be police officers in the City ofMiami; some may not be. And so it isn't a complete bridge from one to the other. There is a track, but it's not a complete bridge from one to the other. Commissioner Gort: No, I understand. But I think we can pick some. Assistant Chief Llanes: Oh, absolutely. And those people are on the list and some are being hired as of the 23rd, some of those people that we've trained. And so we are moving in that direction. Chair Suarez: Thank you. Commissioner Gort: No, but my suggestion is, if you have any problems, let us know. If we can take care up here, we'll do it. Assistant Chief Llanes: Thank you, sir. Luis Cabrera (Assistant City Manager): Mr. Chairman. Vice Chair Sarnoff. Well -- City ofMiami Page 245 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: Yes, Luis. Vice Chair Sarnoff -- couldl say one thing? I'm sorry, Luis. But I want to be clear because I think we have understood what we call a certified, noncertified situation, andl think they're doing everything they can with regard to hiring certifieds and creating a noncertified situation. No matter what they do and how hard they push, they're going to be down 94 officers for a period of time. You're going to bring in about 30, ifI remember correctly. It still leaves you 64 officers down. Assistant Chief Llanes: Yes. Vice Chair Sarnoff All I'm suggesting -- andl want to be absolutely clear -- any officer who is retiring, in my opinion -- it's a humble opinion. It is -- I am not a police officer. I don't want to profess to understanding how it's done. But you could offer a retiring officer, as a patrolman -- not as a lieutenant, not as a captain, not as an assistant chief -- to stay on the force and pay him an hourly rate. I think we came up with $40 an hour. And you have a person -- it's cheaper for us to do that. And I'm not saying doing it for an extended period of time, but do it for the -- Commissioner Spence -Jones: As a pilot. Vice Chair Sarnoff Well, do it for the period of time that you know you're going to be down a significant number of officers. It's all I'm saying. Commissioner Gort: But if they're retired -- Assistant Chief Llanes: Commissioner, that idea is not dead in the water. Commissioner Gort: -- you got to make sure they're not burn out. Assistant Chief Llanes: We still are working it. We still are looking through -- it's not as simple as that. We are looking through it and we are -- it's not dead. The idea is not dead. We're still looking at it. Vice Chair Sarnoff And all we can do is make suggestions up here and react to what our constituents say. I mean, I don't have the same scenarios that Commissioner Spence -Jones has. She has the worse -- I don't think it said that well. She has the -- Commissioner Spence -Jones: What'd you say? Commissioner Gort: No. We're very close. Vice Chair Sarnoff Well, you have the worse problems to deal with. Commissioner Gort: My neighborhood is very close too. Vice Chair Sarnoff I didn't mean -- I meant it like your problems are more significant 'cause, you know, a death is a death. I mean, you're not talking about little things. You're talking about major things. We're all experiencing, though, I think -- I think we're all experiencing a variation of what you're discussing. Commissioner Spence -Jones: Me -- with me being the extreme. I understand what you're saying. Vice Chair Sarnoff Yes. That's what I'm trying to say. City ofMiami Page 246 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff All I'm saying is, there's not much we can do as Commissioners, other than Carollo who's made an offer to go back on the force. He'll get retread, as he said, real quick. He wants two bulletproof vests 'cause he wants to be there for Briana. But that's all we can do up here on the dais. Assistant Chief Llanes: Can I negotiate his contract? Vice Chair Sarnoff You certainly can, and we can approve it as Commissioners. Commissioner Spence -Jones: I do want to just add. First of all, Commander, I want to say -- I love Commander Najiy. I don't -- what said about Over -- what was happening in Overtown I'm sure is no reflection to her. But I just really want to make sure -- the only way I can really address this issue where you get it is making sure that I say it here, so that was the reason why -- just don't want it to be seen as Commander Najiy not being on top of her job. But we do need -- Commander Gomez: She is -- Commissioner Spence -Jones: Yeah, I know, and she's great. But I really want to make sure there's some seriousness, you know, placed on this. And then last, but not least, just so that I'm clear on this gang -related issue, okay -- andl know we're not going to get into the details of that either andl understand why, butt really want to make sure that there is a certain level of pushing taking place from the police side of it with all the other agencies that we talked about to make sure that the residents of my district, Liberty City, which is being really hit by it and Little Haiti that's being really hit by it, to make sure that they understand, you know, that the City is doing all it takes to really curb the gang violence that's growing in the district. So I just want to make sure that we're still on the right track with that. Commander Gomez: Commissioner, we are. Commissioner Spence -Jones: Okay. And then, Commissioner Carollo, I would love to have your support. I know that you're a CPA (Certified Public Accountant) now so, you know, you don't think about police work, but you do sit on the Overtown CRA. I would like for you to look at the -- we do spend about, what, 330 -- $330, 000 a year through the CRA for police support -- extra police support, correct? Commander Gomez: It was 500,000 last year, and this time around, it was 300, 000. Commissioner Spence -Jones: Okay. I really would like for you to -- listen, I'm -- this is not my line of work; it never has been. But if we're spending that kind of money, I really want to make sure that we're not -- we're getting the best out of those dollars. If not, then just doesn't make sense for us to keep spending it if I'm going to have the same kind of issues taking place so -- Commander Gomez: Commissioner, I can assure you that you're getting a bang for your buck. I have all the statistics and -- Commissioner Spence -Jones: I know, but I -- honestly, you could show it to me a million and one times and I'm not -- I'm just asking the former police officer to look at what is -- what we're paying for to make -- work along with you to make sure that the residents of Overtown at least feel safe. Commissioner Carollo: Absolutely. That's actually rather easy. I thought you were going to ask me to go back and patrol. City ofMiami Page 247 Printed on 8/6/2012 City Commission Meeting Minutes July 12, 2012 ADJOURNMENT Commissioner Gort: Well, you might have to do that once in a while. You have to sit in the car and go with them. Commissioner Spence -Jones: Thankyou. Commissioner Gort: I've done it. Commander Gomez: Thank you. Commissioner Spence -Jones: So I'm going -- I just want to let you know I'm going to officially turn that hat over to him to work with you guys on those dollars that we give you. Commander Gomez: No problem. Commissioner Carollo: We could get together. Commissioner Spence -Jones: Okay. Commander Gomez: We can do it. Commissioner Spence -Jones: So I want to make sure it's safe so -- Commissioner Carollo: It will be. Commissioner Spence -Jones: -- the ball's in your court. Chair Suarez: Okay. It's -- Commissioner Spence -Jones: Thankyou. Chair Suarez: -- 5: 24. We will recess 'til 5: 30, at which point we'll take up all of the Charter amendments. Thank you. Commissioner Spence -Jones: And we will be finished by? Chair Suarez: 5: 35, God willing. No, you don't think? I mean, I could talk about them for two hours, but -- myself personally. Commissioner Carollo: I got -- Commissioner Spence -Jones: Two hours? Chair Suarez: Just the stuff that I got. Commissioner Carollo: I got my line. I got my line. It's up to you guys. I got my line. Move it. The meeting adjourned at 8:12 p.m. City ofMiami Page 248 Printed on 8/6/2012