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HomeMy WebLinkAboutCC 2012-07-26 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 1 r V d1C1Re 4RATtI V. 4r r3 i'e � �.2- Meeting Minutes Thursday, July 26, 2012 9:00 AM PLANNING & ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Francis Suarez, Chairman Marc David Sarnoff, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Frank Carollo, Commissioner District Three Michelle Spence -Jones, Commissioner District Five Johnny Martinez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes July 26, 2012 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV- MAYORAL VETOES CA - CONSENT AGENDA PA - PERSONAL APPEARANCE PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES BI - BUDGET DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Present: Commissioner Gort, Vice Chair Sarnoff, Commissioner Carollo, Chair Suarez and Commissioner Spence -Jones On the 26th day of July 2012, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Suarez at 9:00 a.m., recessed at 12:16 p.m., reconvened at 2: 30 p.m., recessed at 3:21 p. m., reconvened at 3: 30 p.m., recessed at 7:31 p.m., reconvened at 7: 45 p.m., and adjourned at 9:13 p.m. Note for the Record: Commissioner Spence -Jones entered the Commission chambers at 9:03 a.m and Commissioner Carollo entered the Commission chambers at 9:09 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Priscilla A. Thompson, CMC, City Clerk Chair Suarez: Welcome to the July 26, 2012 meeting of the City of Miami Commission in these historic chambers. The members of the Commission are Marc David Sarnoff, the Vice Chair, Frank Carollo, Wfredo "Willy" Gort, Michelle Spence -Jones, and myself, Francis Suarez, the Chairman. Also on the dais are Johnny Martinez, the City Manager, Julie O. Bru, the City Attorney, and Priscilla A. Thompson, the City Clerk. The meeting will be opened with a prayer by myself and the pledge of allegiance by Commissioner Sarnoff. Please stand. Invocation and pledge of allegiance delivered. Chair Suarez: Thank you. PRESENTATIONS AND PROCLAMATIONS PR.1 12-00792 PRESENTATION Honoree Dr. Dorothy Bendross- Mindingall Presenter Protocol Item Mayor Regalado Certificate of Congratulations Other Awards The City of Miami Department of Fire Rescue presents its 2012 ALS Peer Recognition Awards 12-00792 Protocol Item.pdf PRESENTED 1) Chair Suarez presented a Commendation to Rigoberto Mora for his dedication to elevating the quality of life at Kinloch Park Middle School through the provision of volunteer assistance in the fight against school violence as a member of the Police Explorers Program. 2) Commissioner Spence -Jones presented Certificates of Appreciation to the senior attorneys in the Office of the City Attorney for their work in support of a vision to elevate the quality of life of our residents and visitors alike, providing lasting contributions, and empowering others to transform their communities. City of Miami Page 3 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 3) Commissioner Carollo paid tribute to Pablo Canton, Administrator of the Little Havana Neighborhood Enhancement Team (NET), for his excellent work performance and high-level of professionalism in a 25 year City of Miami career path; further honoring his outstanding community work and outreach in the City of Miami and wishing him continued success. 4) Commissioner Gort applauded the members of the Latino Americana Baseball Team and their coaches for their participation in the Miami Youth Babe Ruth Baseball League; further congratulating them on winning the State Championship in the Cal Ripken Tee Ball State Tournament in Sarasota, Florida. 5) Commissioner Gort commemorated the Twenty -Second Anniversary of the Americans with Disabilities Act by affirming the principles of equality and inclusion for all persons with disabilities as set forth and embodied in the Laws of the United States, the State of Florida and of County and City ordinances that work to create a community where all people with disabilities, and their families have everything they need to thrive. 6) Mayor Regalado and the members of the City Commission recognized various members of the City of Miami Fire Department for their achievement in receiving the ALS Peer Recognition Awards. 7) Mayor Regalado and members of the City Commission paid tribute to Dr. Dorothy Bendross-Mindingall by extending their sincere congratulations and best wishes on the special occasion of her birthday; further recognizing her praiseworthy example of outstanding community service by presenting this public recognition for her award -winning leadership and distinguished career. Chair Suarez: We will now begin our presentations and proclamations. Obviously, we have only a certain amount of Commissioners here and the Mayor's not here yet as far as I can tell, so we'll start with -- I'm going to start with mine, I guess, and then we'll go to Commissioner Gort. I don't know if you have any, Vice Chair. Okay. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Chair Suarez: Thank you for your patience. We will now proceed with the approval of the minutes from the special Commission meeting of June 19, 2012 and the Planning and Zoning meeting of June 28, 2012. Madam Clerk, can we entertain a motion for both of them at the same time? Priscilla A. Thompson (City Clerk): Yes, please. Thank you. Chair Suarez: Thank you. Is there a motion? Vice Chair Sarnoff So move. City of Miami Page 4 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 MAYORAL VETOES ORDER OF THE DAY Commissioner Gort: Move it. Chair Suarez: Moved by the Vice Chair, second by Commissioner Gort. All in favor, sign by saying aye." The Commission (Collectively): Aye. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Suarez: Madam Clerk, are there any mayoral vetoes to report at this time? Priscilla A. Thompson (City Clerk): There are none. Chair Suarez: Thank you. Chair Suarez: Madam City Attorney, can you please state the procedures to be followed during this meeting? Julie O. Bru (City Attorney): Thank you, Mr. Chair, and members of the Commission, Mr. Manager, Madam City Clerk, members of the public. 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. It's also available online. Anyone who wishes to appeal any decision made by the City Commission for any matter considered may need a verbatim record of the item. Please, no cell phones or other noise -making devices; silence them now. Any person who makes offensive remarks or who becomes unruly will be barred from attending the Commission meetings in the future. Anyone who has a disability and requires auxiliary aids, please contact the City Clerk. And Mr. Chair, the lunch recess will begin at noon or at the conclusion of the item that's being deliberated on at noon, unless you indicate otherwise. Thank you, Mr. Chair. Chair Suarez: Thank you, Madam Attorney. [Later...] Chair Suarez: We will now proceed with the order of the day. Does any Commissioner wish to continue, defer or withdraw any item from the regular or consent agenda? Commissioner Carollo: Mr. Chairman. Chair Suarez: Commissioner Carollo, you're recognized. Commissioner Carollo: I'd like to hear what the Administration -- 'cause last time there were some that -- Chair Suarez: You want to do that first? Commissioner Carollo: -- we wanted to defer -- yeah. Can we -- Chair Suarez: Okay. City of Miami Page 5 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Carollo: -- ask the Administration, see what --? Chair Suarez: Okay. Let's take up the Administration first and then we'll come back and see if the Commission wants to add anything to that. Does the Admini --? Johnny Martinez (City Manager): Yes, Mr. Chair. Chair Suarez: Thank you. Mr. Martinez: CA.3, defer to September 13; PH.2, defer to September 13; PH.5, withdraw; PH6, withdraw; FR.1, withdraw; RE.6, defer to September 13; RE.7, defer to September 13; RE.11, defer to September 13; and DL2, defer to September 13. Chair Suarez: Does everyone have that? Commissioner Carollo: Mr. Chair, if we could go over it one more time. Chair Suarez: Sure. Mr. Martinez: Yes, no problem. Chair Suarez: Mr. Manager, if you don't mind 'cause -- Mr. Martinez: I'll go. Commissioner Carollo: Yeah. Mr. Martinez: CA.3, defer to September 13; PH.2, defer to September 13; PH.5, withdraw; PH6, withdraw; FR.1, withdraw; RE.6, defer to September 13; RE.7, defer to September 13; RE.11, defer to September 13; and DL2, defer to September 13. Chair Suarez: Thank you, Mr. Manager. Commissioner Spence -Jones: Mr. Manager, I just have a quick question. So none of the PZ (Planning & Zoning) items -- all of them are -- Chair Suarez: We will defer them -- Mr. Martinez: No. The PZ will be done at the time of the PZ. Commissioner Spence -Jones: At 2 -- okay. I was just wondering if you -- Mr. Martinez: Right. Chair Suarez: Yeah. There are definitely going to be deferrals in the PZ items, but we -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- can't take them up until after 2 p.m. It's okay. Is there a motion on the withdrawals, deferrals or any additions by the Commissioner [sicJ? Commissioner Carollo: Yeah. Mr. Chairman, ifI could. Chair Suarez: Sure. City of Miami Page 6 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Carollo: There's two that I would like to defer, butt want to also, you know, speak to my colleagues because at least one of them is, you know, in one of my colleagues' district. But I know that as of now, I have not seen the financials, which is something that we had discussed previously and that's why it was deferred. So you know, I would want it to be deferred but if it's something that's time -sensitive and so forth, I want to make sure that they know that I would have to vote no because of that issue. And one is PH.7 -- so I want to make sure my colleagues are okay with deferring it. Vice Chair Sarnoff Wait, wait, wait. Commissioner Carollo: PH.7. Vice Chair Sarnoff What -- Commissioner Gort: What's PH 7? Vice Chair Sarnoff I'm sorry. I wasn't listening. Chair Suarez: It's rating, approving and confirming the Delucca Enterprise [sic] contract. What's the other one? Commissioner Gort: I don't like to see it deferred myself. Chair Suarez: I'm sorry? Commissioner Gort: I don't like to see it deferred. Chair Suarez: Okay. We'll vote on the deferral. Well, let's do this. Let's take up the Administration's deferrals and withdrawals -- Commissioner Carollo: Let's do that. Chair Suarez: -- first and then we'll vote on the other ones one by one. Okay, is there a motion on all the deferrals and withdrawals --? Commissioner Gort: I -- Commissioner Spence -Jones: So move. Commissioner Gort: -- have two. Chair Suarez: Moved by -- Commissioner Gort: On CA.1 and CA.2, I have questions on those. Chair Suarez: You want to pull them? Commissioner Carollo: Yeah, but he -- Commissioner Gort: No. I don't want it pulled. I want it -- after we pass, I want to bring 'em back. Commissioner Carollo: Yeah. He wants it pulled. City of Miami Page 7 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Okay. Commissioner Carollo: Yeah. Chair Suarez: There's a motion and a second. All in favor, signifir by saying "aye.' The Commission (Collectively): Aye. Chair Suarez: Madam Clerk, do you understand what we just did there? Priscilla A. Thompson (City Clerk): It's my understanding that the Administration's list of items that he's deferring/withdrawing was just moved and I have the mover -- I'm sorry. The action -- Chair Suarez: The mover is Commissioner Gort. The seconder is Commissioner Spence -Jones. Ms. Thompson: Spence -Jones, correct. Chair Suarez: Yes. Ms. Thompson: And I have a 5-0 vote. Chair Suarez: That's correct. Ms. Thompson: Okay. Chair Suarez: Okay, so -- Ms. Thompson: So we're -- but we're still on -- Chair Suarez: We still are. Ms. Thompson: -- the order of the day. Chair Suarez: We still are. And now we're going to go to Commissioner -- before we discuss the consent agenda, we're going to see what items the Commissioners have to defer, withdraw or continue. Commissioner Carollo: Okay. Chair Suarez: Commissioner. Commissioner Carollo: Right. There was two items. One was PH 7 -- Chair Suarez: Okay. Commissioner Carollo: -- and that's why, you know, I respectfully -- Chair Suarez: Yeah. Commissioner Carollo: -- you know, also yield to my colleagues because I know this item is in his district. However, at the same time, you know, it's something that we had discussed before with regards to the financials. It was not produced 'til the last minute yesterday and I'm [sic] just going to have difficulty getting a yes vote from me. So I just -- I want to put that on the record. You know, it has nothing to do with the organization. It's just as far as the -- as far as not receiving the financial information for me to analyze and see exactly where they're at. Now with City of Miami Page 8 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 that said, I prefer a deferral; however, if you want to continue with the item, I don't have a problem. I'm just telling you, you know, my point of view. Commissioner Gort: I understand. Commissioner Carollo: Okay. Chair Suarez: So what are we going to do? Is there a motion to defer it or not? Commissioner Gort: Not from me. Commissioner Spence -Jones: I mean, the district Commissioner's saying that he doesn't want to defer it so we'll just take it up when it comes up. Commissioner Carollo: Yeah. Chair Suarez: Okay. Commissioner Carollo: We'll take it up. Chair Suarez: Which is the other one? Commissioner Carollo: The other one is PH.1. Once again, you know, this was information that, you know, I know it was tabled and then it was deferred 'til now. I really have -- nothing has changed with me. Chair Suarez: It's a public service activities allocation. Commissioner Carollo: Yes. Commissioner Spence -Jones: Mr. -- I'm sorry, Mr. Chairman. Chair Suarez: Yes. Commissioner Spence -Jones: I just want to make sure. I know that we had an issue on this the last Commission meeting so -- correct? George Mensah: George Mensah, director of Community Development. Commissioner Spence -Jones: I don't know how much has -- Mr. Mensah: At the last Commission meeting, the issue was what was the reserve. It started in the morning and in the afternoon, I provided a paper just to explain what a reserve was. That paper was distributed to every Commissioner, and the question was there was no time to review that information. Commissioner Spence -Jones: Right. Mr. Mensah: And that was the reason why the item was deferred. It was because there was no time to review that information that I provided. I am not aware -- and I went to look at the record -- of any document that has been requested from me, at least that I know, that I didn't provide, so this is a surprise to me. Commissioner Spence -Jones: But Mr. Mensah, I -- and maybe I'm incorrect, but I remember in that same meeting, didn't you also come back -- or didn't you give us some additional --? City of Miami Page 9 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Mensah: Yes, I did. Right after the meeting, I did provide -- Commissioner Spence -Jones: And we just said that we would roll it over to this Commission meeting. Mr. Mensah: Yes. Commissioner Spence -Jones: But for the most part, we had all the information that was -- Mr. Mensah: That's correct. Commissioner Spence -Jones: -- needed. Mr. Mensah: I'm not aware of any information that was requested. Commissioner Spence -Jones: And I think one of the biggest issues -- and I'm going to respect Commissioner Carollo in what he wants to see happen. But I also don't want to have any further delays for these organizations 'cause right now our phones are ringing off the hook, you know. So, you know, it's -- it may not seem like a lot but, you know, when I look at -- I can just use Curley's House for an example -- or let me use another one, De Hostos Senior Center. Them -- that 14,600 may not seem like a lot of money, but it's a lot of meals for the seniors in my district. So I just -- if there's an issue that we can resolve today on this, you know, and if you want to maybe like table it and come back to it, that's fine, but let's not let the people suffer, you know, when they need the resources. Chair Suarez: Commissioner. Commissioner Spence -Jones: And I know when he said the last time that it wasn't going to be a delay from the last time, that he could -- he'd have a little, small window, but we definitely needed to address it this go around because, if not, it's going to become a problem so. Chair Suarez: Commissioner. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: Thank you, Mr. Chairman. And again, Commissioner Spence -Jones, that's why I didn't just ask for a deferral, you know. I -- we actually set it aside so I could discuss it with you all because I am sympathetic to these people. And you know, at this point, yes, I -- my intention then is to table it -- Commissioner Spence -Jones: Yes. Commissioner Carollo: -- until the afternoon -- Commissioner Spence -Jones: That's cool. Commissioner Carollo: -- so maybe I could have time with Mr. Mensah and see exactly if my answers -- if my questions could be answered. Commissioner Spence -Jones: So, George -- Mr. Mensah, is that --? Maybe y'all can have lunch together. City of Miami Page 10 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: You have lunch plans. Commissioner Gort: But -- Mr. Mensah: Commissioner, if you -- you talk about a document. If you let me know what document that you require, then I'll definitely make sure you have it. Commissioner Carollo: What I want to veri is exactly all the organizations, what they received last year, and then how you came up with the reserve amount and why within that reserve amount, if you did have a reserve amount, why did you have it there since it's general fund monies and you didn't come to the district Commissioners that it pertained to. Because, apparently, you have a reserve amount because certain district Commissioners -- Mr. Mensah: Did not -- Commissioner Carollo: -- had some type -- had not allocated funding, right? Mr. Mensah: Right. Commissioner Carollo: Why did you not come to those Commissioners? Mr. Mensah: Well, because I -- okay, I will answer it when I meet you. Commissioner Carollo: And again -- Commissioner Gort: Look -- Commissioner Carollo: -- this -- in essence, you're asking me what some of the issues are so I'm actually putting it on the record 'cause you asked me. Mr. Mensah: No problem, yeah. Commissioner Carollo: But you know, it really wasn't to discuss it here. I wanted to discuss it, you know -- Mr. Mensah: No problem. Commissioner Carollo: -- so I don't take up everyone's time -- Chair Suarez: And -- Commissioner Carollo: -- but in essence. Commissioner Spence -Jones: So Mr. Chairman. -- Chair Suarez: Wait, wait. Commissioner Spence -Jones: -- on that break, can they resolve that issue? Chair Suarez: Yeah. I will table it to the afternoon, Mr. Mensah. But I have to say that I share similar concerns. I want to be respectful of the Commissioner's request, but at the same time, I share similar concerns with my Commissioners on the left -- Mr. Mensah: Okay. City of Miami Page 11 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: -- which is -- and you know this 'cause we had a meeting -- Mr. Mensah: Yes, yes. Chair Suarez: -- with one of the agencies who called -- Mr. Mensah: Yes, we did. Chair Suarez: -- desperately this week wanting to understand how the funding was going and what were the delays. Mr. Mensah: And when -- yeah. Chair Suarez: So you know, it's something that is very, very needed right now. Commissioner Gort: Mr. Chairman. Chair Suarez: Commissioner, yes. Commissioner Gort: My understanding, when you come back, I want you to make sure to know how many of the agencies are being affected, the people being affected. At the same time, my understanding is -- maybe I'm wrong. Maybe Commissioner, because my memory sometimes goes, but my understanding, these numbers were in front of us. The only problem we had, it was with the reserve -- Mr. Mensah: Yes. Commissioner Gort: -- how you were going to allocate the reserve. That's the discussion that we had about two or three months ago. I believe that's what it was. So please bring all the information. Make sure you get it to the Commissioner. Mr. Mensah: Okay. Commissioner Carollo: And Commissioner Gort, at the same time, something that was brought up in the last time when it was -- it wasn't the last Commission meeting, but it was the last time that we addressed some of these funding issues. It was -- I remember -- you know, and I don't know the exact amount, but it was like 364 or something. When you brought that back, one of the issues was that, you know, when it came to administrative costs, you said that it was approximately the same cost for one agency that receives $1, 000 or another agency that receives, let's say, $100,000. Mr. Mensah: That's correct. Commissioner Carollo: And therefore, when you have many, many agencies that only receive $1, 000, $2, 000, I mean, administratively, it's a big burden on you. Mr. Mensah: That's correct. Commissioner Carollo: And I -- you know, and if you noticed -- and the last time around, we fixed that issue. It went from a whole list of agencies to, you know, relatively a dozen or maybe some more. But now all of a sudden, I'm seeing all these agencies once again getting small amounts. So if the purpose was to make them whole, I want to verifir exactly what all the agencies received last year as compared to this year and see if there are some new agencies because -- and this is actually helping you because you actually have put on the record that, administratively, it's a burden on you because it's the same amount of work, correct? City of Miami Page 12 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Mensah: That's correct, Commissioner. And especially on the CDBG (Community Development Block Grant) funding. That's where my issue is. Commissioner Carollo: Exactly. Mr. Mensah: And this is general fund, but the CDBG fund is where actually I draw mostly on because we're talking about a 20 percent administration. Commissioner Carollo: Exactly. Mr. Mensah: Thank you. Commissioner Carollo: And in all fairness -- so my questions are legit and it's actually to help the administration also. Thank you. Commissioner Spence -Jones: No. And I just want to be clear without belaboring this because I know we want to start the agenda. No one's questioning your, you know, right to understand, you know, what is being presented. So if you guys can just resolve it and we table it this afternoon, that would be great. Mr. Mensah: No problem. Chair Suarez: Thank you. Commissioner Spence -Jones: Okay? Vice Chair Sarnoff. Mr. Chair? Chair Suarez: Yes. Vice Chair Sarnoff I -- when I don't understand something, it's usually peculiar. So the public service reserve account was previously set at the last Commission meeting at what number? Was it one hundred and something thousand? Mr. Mensah: No. The public -- at the last Commission meeting -- Vice Chair Sarnoff In other words, the backup documentation we were given at the last Commission meeting, the bottom line item -- I know this Commission meeting it's $33,597. Mr. Mensah: That's correct. Vice Chair Sarnoff What was it at the last Commission meeting? Mr. Mensah: The last Commission meeting, it was the same amount, 33,597. Vice Chair Sarnoff Okay. So here's -- I think what Commissioner Gort is saying -- and I don't know if this is what Commissioner Carollo's saying -- since that time, you've allocated that money. Mr. Mensah: No. We've not made -- Commissioner Carollo: No. Mr. Mensah: -- any allocations. City of Miami Page 13 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: No, they haven't. Vice Chair Sarnoff So it's still sitting at 33,597 -- Mr. Mensah: Yes, yes. Commissioner Spence -Jones: Right. Vice Chair Sarnoff -- as a reserve? Mr. Mensah: As a reserve, yes. Vice Chair Sarnoff And that means that that money will be used in the future for? Chair Suarez: Whatever the Commission decides. Mr. Mensah: The two Commission districts. District 3 and District 5 -- Commissioner Spence -Jones: District 5. Mr. Mensah: -- are the two Commission districts that have the reserve because they did not allocate all their CDBG funding. Vice Chair Sarnoff Okay. Chair Suarez: Thank you. Vice Chair Sarnoff All right. Thank you. Chair Suarez: Okay, so we're going to table that 'til the afternoon and you're going to have a nice lunch with the Commissioner. Okay, which were the two items that you wanted to pull, Commissioner Gort, from the consent agenda? Commissioner Gort: No, I wanted to ask some questions on CA.1. Chair Suarez: And what's the other one? Commissioner Gort: CA.2. [Later..] Chair Suarez: We will now go to the time certain item of RE.26. This is -- Commissioner Gort: Bayfront Park. Chair Suarez: Yeah. They're going to go right after. RE.26. Commissioner Spence -Jones: Mr. Chairman, while they're coming up, I just wanted to just make sure my fellow colleagues know, as I stated to you earlier -- Chair Suarez: Right. Commissioner Spence -Jones: -- I have a 7 o'clock presentation to the prime minister -- City of Miami Page 14 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Right. Commissioner Spence -Jones: -- so I just want to make sure if there's anything pressing that we know you're going to need my support or my participation in, that we take it -- Chair Suarez: Got to be before 6:30. Commissioner Spence -Jones: Yeah. Chair Suarez: With prime minister of what? Commissioner Spence -Jones: Huh? Chair Suarez: With what country? Commissioner Spence -Jones: Bahamas. Chair Suarez: Wow, cool. Very cool. [Later..] Chair Suarez: PH.7. Ms. Thompson: We had in our notes that you'd do PH.7 in the afternoon. Chair Suarez: Oh, did we agree -- Ms. Thompson: That's what I -- Chair Suarez: -- to table that? Is that what we had agreed to? 'Cause I know we had agreed to table the one that had to do with the public service activities. Commissioner Spence -Jones: Yeah. Chair Suarez: Do we want to table this one as well? Commissioner Carollo: Mr. Chairman. Commissioner Spence -Jones: No. Chair Suarez: Would you like to table it? Commissioner Carollo: I don't have a problem. The only thing that I, you know, respectfully request that -- you know, in the last Commission meeting, my item was left toward the very end. If it's possible, you know, I see various people get time certains. If could have a time certain on one of my items -- Chair Suarez: Sure. Which one is that? Commissioner Carollo: -- either now or as soon as possible. RE.22. Chair Suarez: Okay. Commissioner Spence -Jones: So on PH.7, you want to take this up now or you need this to be tabled to give them time to give you the numbers? City of Miami Page 15 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Carollo: I think what I've asked for is quite a bit and, you know, it's comparing their numbers to the City. I think for once to say that they actually tie, but I'm not sure. So I don't know, Commissioner. You know, I don't know if it will be enough time to go through all the numbers. Commissioner Spence -Jones: So let's go ahead and just take the vote on it then. I mean, let's hear your concerns and issues. Let's hear them out, you know, on PH.7, and let's just vote on it. Commissioner Carollo: I don't have a problem with that and that's what we discussed when I said, hey -- Commissioner Spence -Jones: Yeah. Commissioner Carollo: -- I would prefer to defer, but I don't want to hold the process up either. Commissioner Spence -Jones: Okay, no problem. Commissioner Carollo: But the only thing that I'm asking, if we could listen to RE.22 because in last Commission meeting it was left -- all my items were left to the very end -- Chair Suarez: To the last -- right. Commissioner Carollo: -- and you know, Commissioner Spence -Jones, has clearly said that -- Commissioner Spence -Jones: Yeah. Commissioner Carollo: -- she needs to be out of here. So I want to make sure that -- Chair Suarez: Can we do it at 3 p.m.? Would that be okay? Just 'cause I also need some time to be prepared for those items. Commissioner Carollo: Okay. Chair Suarez: So is that okay? Commissioner Carollo: Yeah. Chair Suarez: Okay. Commissioner Carollo: I just want to make sure that, you know -- Chair Suarez: That's still plenty of time. I mean, you're going to leave -- Commissioner Spence -Jones: Yeah, yeah. Chair Suarez: -- at 6:30, right so? Commissioner Spence -Jones: Three's good or 2:30. Chair Suarez: Two -thirty. Commissioner Spence -Jones: Let's compromise, 2:30. Chair Suarez: Two -thirty. City of Miami Page 16 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Vice Chair Sarnoff Wait, wait. We have -- don't we have -- Commissioner Spence -Jones: Huh? Vice Chair Sarnoff -- a shade meeting at 2 today? Chair Suarez: I don't think we have any shade meetings today, no. Commissioner Spence -Jones: No. No shade meeting. Vice Chair Sarnoff. Okay. Chair Suarez: We can do it after lunch. I mean, that doesn't -- Commissioner Carollo: Okay. Chair Suarez: Okay. We'll do it after lunch. Commissioner Carollo: Can we take it up as the first item -- Chair Suarez: First item after lunch, okay. Commissioner Carollo: -- after lunch. Commissioner Gort: We also have CRA (Community Redevelopment Agency), right? Chair Suarez: We do have a CRA. Vice Chair Sarnoff Yeah, and we'll do it at the end. Commissioner Carollo: And hold on. I want to yield to the Chairman of the CRA to see at what time he's expecting to do the CRA 'cause I don't -- Vice Chair Sarnoff We'll do it at the end of Commission. Chair Suarez: At the end of the Commission meeting. Commissioner Carollo: At the end of the Commission meeting? Okay. Vice Chair Sarnoff. You'll be sharp; you'll be ready. You want me to take you outside? We're going to sharpen you up. Chair Suarez: All right. So we'll do -- Commissioner Spence -Jones: PH.7. Chair Suarez: -- 22 -- Commissioner Spence -Jones: Twenty-two. Chair Suarez: -- I think at the request of Commissioner Carollo after lunch -- the first item after lunch. Commissioner Carollo: RE.22. City of Miami Page 17 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: RE.22. [Later...] Chair Suarez: I just want to do some housekeeping while we don't have a quorum. And part of the housekeeping is that I am deferring my discussion item until the first meeting of October, which I believe is October 11. So I'm assumingl can do that unilaterally without a vote, correct? Commissioner Gort: What's your discussion item? I don't -- Chair Suarez: It's on the proposed base rate increase for FP&L (Florida Power & Light) so -- Ms. Thompson: That would be your D4.1. Chair Suarez: Correct, to October 11 'cause, you know, we have budget in September and we're not going to be here in August, so the first meeting in October. I don't know if Commissioner Gort wants to do any of his discussion items. While we don't have a quorum, we can do them, but it may not be very effective to do them without a quorum, Commissioner. Commissioner Gort: I'd like to have a quorum 'cause I think -- Chair Suarez: Okay. Commissioner Gort: -- they're very important. Chair Suarez: Okay. Commissioner Gort: It's not going to be long discussion. I just want to give it -- a report. Chair Suarez: Well, enjoy your cafe Cubano then. Commissioner Gort: It was good, yeah. It keeps it going. Chair Suarez: Okay, we'll -- we will resume session shortly. What we're going to do is we're going to take up withdrawals and continuances of the P&Z items. And then we are going to try to take something out of turn for a gentleman who's been here all day, and then we'll continue with our agenda in an ordered fashion. Would you want to read the P&Zprocedures just to get started? Right. P&Zprocedures, Madam City Attorney. Commissioner Carollo: And by the way, Mr. Chairman, I want to defer my item also so -- Chair Suarez: Sure. On P&Z? Commissioner Carollo: No. Chair Suarez: Oh, on your discussion item. Commissioner Carollo: On my discussion item. Chair Suarez: When -- to when, Commissioner? Commissioner Carollo: Next meeting. Chair Suarez: To the next Commission meeting, which will be -- City of Miami Page 18 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Carollo: Yeah, next (UNINTELLIGIBLE). Chair Suarez: -- the first one in September? Ms. Thompson: September -- Commissioner Carollo: Yeah. Ms. Thompson: -- 13. Chair Suarez: September 13 -- Commissioner Carollo: And again, it's just a mammoth -- Chair Suarez: -- with budget. Commissioner Carollo: -- amount of information so I'll just -- Chair Suarez: Okay. Commissioner Carollo: -- I'll defer my item. Chair Suarez: Okay. Ms. Thompson: That would be D3.1. Chair Suarez: I'm looking forward to that one, by the way. Ms. Thompson: That would be item D3.1. Commissioner Carollo: That's correct, ma'am. Ms. Thompson: Thank you. Chair Suarez: I told you I'm really looking forward to that one. Mr. Garcia, we can get some housecleaning stuff in terms of deferrals and withdrawals out of the way. Madam City Attorney, do you have to read the procedures before starting? Francisco Garcia (Director, Planning): Not for purposes of continuances or withdrawals so if -- Chair Suarez: Oh, wait. We lose the quorum. Commissioner Carollo: No, you don't need a vote for me. Chair Suarez: No, for deferrals, withdrawals. Mr. Garcia: Right. So if you -- I'm sorry, Francisco Garcia, Planning & Zoning director. If it is simply for purposes of continuances and withdrawals -- Chair Suarez: Right. Mr. Garcia: -- then we can proceed ahead without the procedures, and I think that's the matter at hand presently; is that right? City of Miami Page 19 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Sure. Mr. Garcia: Very well. So in that case, I would like to withdraw item PZ 12 and recommend for continuances for the following items: PZ.6 to September 27, PZ.7 and 8 to October 11, and items PZ.9 and PZ.10 to October 25. Chair Suarez: And I think those have to be deferrals, right, because if -- ? Continuance is the same like meeting, so I think those have to be -- Ms. Thompson: Correct. Chair Suarez: -- stated as deferrals so -- Mr. Garcia: I apologize. I've made an error. I said PZ.7 and PZ.8 to October 11. I meant October 25. My apologies. Chair Suarez: Okay, so those will be deferred to October 25, PZ.7 and 8. PZ.9 and 10 will also be deferred to October 25. You want PZ.6 continued, which would be to the second meeting of September, which is the 27th. Mr. Garcia: That is correct. Chair Suarez: And PZ.12, withdrawn. Mr. Garcia: Withdrawn altogether, yes, sir. Chair Suarez: Is there a motion? Commissioner Carollo: Yeah, but -- I'll make a motion, but I want to make sure I could go over and -- Commissioner Gort: Second. Chair Suarez: Let me repeat it for the Commissioner. Commissioner Spence -Jones: Yes, please do. Chair Suarez: For all of them. A continuance to the same like meeting of PZ.6, which would be the meeting of September 27; deferral ofPZ.7 through 10, PZ.7, 8, 9, and 10, until the October 25 Planning & Zoning meeting; and withdrawal of PZ.12. You guys got it? Mr. Garcia: That is our recommendation. Commissioner Gort: Yeah. Chair Suarez: Want me to do it one more time? Commissioner Carollo: Gotcha. Chair Suarez: Commissioner, do you want me to reread it one more time? Commissioner Spence -Jones: Yeah. I just want to make sure I got it (UNINTELLIGIBLE). Chair Suarez: Okay. City of Miami Page 20 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Carollo: You need a second. Chair Suarez: Is there a motion yet? Commissioner Carollo: I made a motion to -- Chair Suarez: Okay. Commissioner Gort: I second it. Chair Suarez: Second by Commissioner Gort. Let me just reread it one last time for Commissioner Spence -Jones. A continuance to the same like meeting in September, which is September 27, of PZ.6. PZ.7, 8, 9, and 10 will be deferred to the October 25 meeting; and PZ.12 to be withdrawn. There's a motion and a second. All in favor, signs by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. [Later..] Chair Suarez: All right, guys, BC.1 then. BC.1, Planning, Zoning and Appeals Board appointment. Commissioner Carollo: What about the REs (Resolutions)? Chair Suarez: They're all done, except for the Charter ones. Commissioner Carollo: Yeah. We're not going to -- Chair Suarez: She said she doesn't -- she wants to try to hammer out as much of the agenda as possible. Commissioner Spence -Jones: I thought that -- are we not doing -- we're not -- you guys have appointments? Chair Suarez: No, no, no. There's one -- only one appointment, BC.1, which is a Planning, Zoning and Appeals Board appointment. Commissioner Gort: I have -- Chair Suarez: Then there's a few discussion items -- Commissioner Spence -Jones: Right. Chair Suarez: -- one that I suggest we do as quickly as possible because it has to do with the financial statements, and our external auditor's getting paid by the hour. Commissioner Spence -Jones: Okay, no problem. Chair Suarez: So -- and then we have a couple of PZs (Planning & Zoning) that I don't see -- maybe I'm wrong, but I don't think they're long or contentious. So there are five that we can probably do within 20 minutes -- Commissioner Spence -Jones: Okay. City of Miami Page 21 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: -- -- or less. Commissioner Carollo: Just question. Why are we leaving the Charter amendments for last? Chair Suarez: You're asking me? Commissioner Carollo: Yeah. What -- Chair Suarez: I mean -- no. And we've done it last every time, but I think you wanted to -- Commissioner Spence -Jones: I know we -- Chair Suarez: -- handle the heavy stuff last -- Commissioner Spence -Jones: I just want to make sure that -- Chair Suarez: -- and do the quick stuff first. Commissioner Spence -Jones: -- so any of these other items -- Chair Suarez: I called it forth. Commissioner Spence -Jones: -- 'cause I know we're going to have a lengthy discussion on these. Chair Suarez: Right. Commissioner Spence -Jones: Some of these are like quick. Some of these agenda items we can deal with -- Chair Suarez: Right. Commissioner Spence -Jones: -- and they're gone. Commissioner Gort: Yeah. Commissioner Spence -Jones: And so you -- Chair Suarez: Right. Commissioner Spence -Jones: -- that way you clear your agenda out. [Later..] Commissioner Spence -Jones: So we're going to wait for Frank? Would somebody go get Frank? How -- Mr. Chairman, can you at least let us know how many more items we do have to take up before we leave? Chair Suarez: Oh, we have -- Commissioner Spence -Jones: Can we get a --? Chair Suarez: -- oh, we have quite a few. We have tabled some items. I don't know if you remember, earlier today we tabled PH.1, which was the public service activities allocation, at Commissioner Carollo's request. We tabled amending the local business tax, which is SR.1, at City of Miami Page 22 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 the Vice Chairman's request. We have two Charter amendments -- I'm sorry, three Charter amendments that still have not discussed, which is RE.21, RE.23, and RE.24. We have the -- still the PZs. We have PZ.4, PZ.5, and PZ.11. We can do the PZs if you want. Commissioner Spence -Jones: Yes. Chair Suarez: All right, let's do PZ.4. [Later...] Commissioner Carollo: And, Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: In all fairness, why don't we just withdraw all the Charter amendments? Commissioner Spence -Jones: Yeah. Chair Suarez: I think that's a wonderful idea. Commissioner Spence -Jones: 'Cause you know it's going to be the same discussion each time. Chair Suarez: I'm okay with that. Vice Chair Sarnoff Wait a minute. I worked really hard on mine. Chair Suarez: Hey, don't go there. Commissioner Spence -Jones: Now, I just want to make sure on RE.20 -- Chair Suarez: There's a motion. Is that a motion? Commissioner Spence -Jones: Wait, wait, wait. One second. I want to make sure that Alice -- I know Alice has a submerged land issue. Are we doing that for that too? Vice Chair Sarnoff That's the one I worked so hard. Commissioner Carollo: Absolutely. That's a Charter amendment. We need more time, right? Chair Suarez: I'm okay with that. Commissioner Spence -Jones: I don't know what the issues are so -- okay, so that's fine. Chair Suarez: So -- Vice Chair Sarnoff. Just so you know, you're affecting -- wow. Commissioner Carollo: Well, you're affecting $1.5 million -- Commissioner Spence -Jones: Yes. Commissioner Carollo: -- that could go to our budget here. You could be affecting fair market value in the other Charter amendments that could be a lot more than $1.5 million. Commissioner Spence -Jones: Let's just keep everything consistent. Everybody had a item on City of Miami Page 23 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 here; they all died. Ms. Thompson: IfI may, please. You have listed here resolutions, okay. You have RE.23, which is your recalling of the Mayor; RE.24, your submerged lands. Those are your Charter amendments that have not been voted on. Because we have them as an -- as items on the agenda, we need to take action to withdraw each one of those items. If you want to do it collectively, that's fine, but you do need to go ahead and -- Vice Chair Sarnoff Do them one by one. Commissioner Carollo: I make a motion to withdraw all the items that you just mentioned, which are the Charter review amendments. Chair Suarez: RE.23 and RE.24. Ms. Thompson: Correct. Chair Suarez: Motion to withdraw RE.23 -- Commissioner Carollo: Hold on. There's one more. Chair Suarez: No. I think it's 23 and 24 are the only ones that are left. Ms. Thompson: Twenty-two already failed. Chair Suarez: Right. Commissioner Carollo: Got you. So 23 and 24, yes. Motion to withdraw RE.23 and RE.24. Chair Suarez: Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. All in favor, signift by saying "aye." Commissioner Carollo: Aye. Commissioner Spence -Jones: Aye. Chair Suarez: Aye. Vice Chair Sarnoff No, no. Ms. Thompson: Thank you. Vice Chair Sarnoff. No. Commissioner Spence -Jones: No? Chair Suarez: Yeah, 'cause he wanted RE.24. Vice Chair Sarnoff Yeah. You just threw the baby -- Commissioner Spence -Jones: Oh, okay. City of Miami Page 24 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Vice Chair Sarnoff. -- out with the bath water with the -- Chair Suarez: Yeah. Commissioner Spence -Jones: Okay, got it. Vice Chair Sarnoff There's a lawsuit that this would help. Commissioner Spence -Jones: All right. RE -- Vice Chair Sarnoff So instead, the City will just incur $16 million, and I will then say you guys cost us $16 million. I'll put it on the record. I'll go to the Herald. I'm just kidding. Commissioner Spence -Jones: But, see, this -- right. And let me just say something. And this is what happens when our personal stuff gets in it, you know. It's like we stop making rational decisions. But I hear you and, guess what, it's duly noted when it comes up as a issue that you stated it. Chair Suarez: Agreed. [Later..] Chair Suarez: Anything else? Blue page? Anything from you? No? Meeting adjourned. Vice Chair Sarnoff. I think we got to do the CRA. Chair Suarez: Right, but this meeting is adjourned. Vice Chair Sarnoff. Yes. Chair Suarez: All -- okay, all the DI items are continued till the next Commission meeting. Does that help? Now can I adjourn? Okay. Vice Chair Sarnoff Want to take a five-minute recess? Chair Suarez: Yes. It's 9:11. What do you think, 9:20? Vice Chair Sarnoff That's fine. Chair Suarez: Okay, 9 -- Commissioner Spence -Jones: And can I just ask real -- a question on the CRA budget that we're coming up. Do we have to -- does it have to come back twice, Marc? Chair Suarez: It come -- Vice Chair Sarnoff I don't think it does. Commissioner Spence -Jones: Okay, because I know there's some stuff that I want -- I'm definitely going to want to have some changes on it, so I'm just trying to figure out like -- I know you don't want me to put the changes on it now. Vice Chair Sarnoff. I don't think we have -- do we have time or --? I don't know. Chair Suarez: I'm sorry? City of Miami Page 25 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Vice Chair Sarnoff I'm just trying to -- when does the budget have to be approved by? Peter Bockweg (Executive Director, Omni Redevelopment District Community Redevelopment Agency): By September 30 at the latest. Commissioner Spence -Jones: Can we wait? Vice Chair Sarnoff So we have time. Commissioner Spence -Jones: So can we wait? Vice Chair Sarnoff Can we wait? Commissioner Spence -Jones: 'Cause if we vote on it now, then we got to bring it back to make changes. Mr. Bockweg: Well -- Commissioner Spence -Jones: Why don't -- can we just wait on the CRA OMNI budget 'cause I know that there are some things that I know I'm going to want to make acjustments on? Chair Suarez: You want to do it as a time certain on September 14 -- is it September 14? Mr. Bockweg: We -- Ms. Thompson: September 13. Mr. Bockweg: Mr. Chair. Vice Chair Sarnoff. Well, I want to hear -- why do -- do we have to do this now or you --? What's the reason? Mr. Bockweg: Well, we've always done it now so that we're prepared for the September 30 City Commission budget meeting. Commissioner Spence -Jones: I just know that I have some issues that I want to work on it, and I just don't want to vote on something-- I don't want to stop you from doing what you have to do, but I don't want to vote on something that I'm clearly going to have some concerns with. That's all. Mr. Bockweg: Okay. Well, the other items, I ask that we do hear the other -- well -- Ms. Thompson: Now -- I'm sorry. Mr. Bockweg: -- one of the other items -- Ms. Thompson: I'm sorry, I'm sorry. Commissioner Spence -Jones: Oh, we can't have this conversation. Ms. Thompson: We're -- Commissioner Spence -Jones: Okay, we got to open the meeting up -- City of Miami Page 26 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Ms. Thompson: -- mix -- Commissioner Spence -Jones: -- the CRA. Ms. Thompson: And I need to know which CRA are you starting off with, because we have two agendas. Commissioner Spence -Jones: We only doing one. Chair Suarez: No, there's two. Vice Chair Sarnoff Only one. Chair Suarez: There's Midtown. Vice Chair Sarnoff Oh, right. Commissioner Spence -Jones: Oh. Mr. Bockweg: Omni. IfI may? Chair Suarez: Wait, wait, wait. Vice Chair Sarnoff. Are we ready? Chair Suarez: Can we adjourn this meeting? Ms. Thompson: Please. Chair Suarez: Thank you. Meeting adjourned until 9:25. How 'bout that? Is that okay? Ms. Thompson: No, no, no. Chair Suarez: It's 12 minutes. Ms. Thompson: No, no, no. I'm sorry. Chair Suarez: And then we started a CRA meeting. Ms. Thompson: Okay, if you're adjourning your meeting, you're done, okay. Chair Suarez: We're done. Ms. Thompson: If you're adjourning your regular meeting, you're done. Chair Suarez: Right. Ms. Thompson: Okay. So we're -- Chair Suarez: Now we have a CRA meeting -- Ms. Thompson: -- done with that. Chair Suarez: -- and we can -- City of Miami Page 27 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Carollo: Right. Chair Suarez: -- table that and -- Commissioner Carollo: CRA meeting. Chair Suarez: We can table that CRA meeting to another day, right? Ms. Thompson: But I need to go on CRA record for that. Chair Suarez: Yeah, yeah, yeah. That's why we're taking -- we're tabling it for -- I mean, I'm sorry. We're recessing until 9:25. Ms. Thompson: No. You're just -- Chair Suarez: I'm sor -- you're right. I see what you're saying. We're coming back at 9:25 to -- I'm sorry, I'm sorry. I'm tired, okay. Vice Chair Sarnoff. 9:25 we'll see you. Chair Suarez: 9:25 sharp. City of Miami Page 28 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 CA.1 12-00721 Department of Parks and Recreation CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED FEBRUARY 10, 2012, PURSUANT TO INVITATION FOR BID NO. 291253, FROM MONTOYA HOLDINGS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROVISION OF SNACKS FOR AFTER SCHOOL PROGRAM, FOR THE DEPARTMENT OF PARKS AND RECREATION, AT AN ESTIMATED ANNUAL AMOUNT OF $150,469.80, 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 PARKS AND RECREATION ACCOUNT NUMBER 11550.295999.534000.0000.00000, WITH FUTURE YEARS' FUNDING SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FLORIDA DEPARTMENT OF HEALTH CHILD CARE FOOD PROGRAM (CCFP) STANDARD CATERING CONTRACT FFY 2011-2012, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MONTOYA HOLDINGS, INC., AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-00721 Summary Form.pdf 12-00721 Award Recommendation Form.pdf 12-00721 Tabulation.pdf 12-00721 Letter - FL. Dept. of Health.pdf 12-00721 Invitation for Bid.pdf 12-00721 Addendums No. 1 - 3.pdf 12-00721 Email - Montoya Holdings, Inc.pdf 12-00721 Detail Entity Name.pdf 12-00721 Legislation.pdf 12-00721 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0264 Chair Suarez: Commissioner Gort, you're recognized on CA.1. Commissioner Gort: Thank you. Good morning. How you doing? Kenneth Robertson: Good morning. Kenneth Robertson, Purchasing director. Commissioner Gort: Ken, my question is -- my understanding is the lowest bidder was not complying with the request of the three references. And I was looking into the RFP (Request for Proposals). There was about two pages of references. They didn't answer any of those? Mr. Robertson: No. The lowest bidder was Rumba Cafe Restaurant. And in their bid response, they failed to provide three references as was required in Section 2.16. City of Miami Page 29 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Gort: Okay. Mr. Robertson: We sent them a claming letter giving them opportunity to cure their bid, and they responded back to us that they -- we do not have any company or agency references. So without any references to review in terms of responsibility, their bid was nonresponsive. Commissioner Gort: Okay. It sure is no response because they had about three pages that they had to fill out. They didn't do any of it. Mr. Robertson: Correct. Commissioner Gort: Okay. Thank you. Mr. Robertson: You're welcome. Commissioner Gort: The other question is, I was looking at it and you had some questions which I think are very interesting, like the one that you ask: If you get this contract, how many new employees will you provide in the firm? Do you get result back from that, the answer? Mr. Robertson: We do get responses back for those questions in our -- in the header section of our bid documents. That's specifically referencing the City's first source hiring ordinance under Section 18-110. That ordinance is currently obsolete. It was passed 27 years ago, and the agency under which that ordinance was passed was the South Florida Employment and Training Consortium. There's actually a second reading ordinance on today's agenda that seeks to repeal that section, so Section 18-110 would not exist anymore. If that's approved, then we would remove those ordinance questions from our bid documents. Commissioner Gort: Okay. And the other one that I was looking at is something to do with the RFP. My understanding is, this RFP came out in February and it's in front of us five month afterwards. Any reason why it took so long? Mr. Robertson: This particular bid is funded by the Florida Department of Health. And because we were recommending award to the second lowest bidder, although they were the lowest responsive bidder, we needed to seek concurrence from the Florida Department of Health in terms of that award. They reviewed all of our procurement documents and they gave us written approval via letter. Commissioner Gort: Right. I saw that. But then they have 120 days -- if we don't select anyone before the due date. And my understanding is their due date was sometime in June 23, something like that. Mr. Robertson: June 21. Commissioner Gort: The existing vendor, his contract expired in June. Mr. Robertson: Well, the services don't begin for this contract until the new school year starts. I'd have to defer to Parks in terms of how the -- Commissioner Gort: Okay. Mr. Robertson: -- program operates. Commissioner Gort: But my understanding in reading the documents, the individual, if there's no RFP that has been answered, they give them an additional 120 days -- City of Miami Page 30 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Robertson: Correct. We can. Commissioner Gort: -- which means in this contract the individual that the contract ended in June will serve the whole summer. Mr. Robertson: This program is not for the summer. I defer to the Parks director. Commissioner Gort: It's for year-round. Mr. Robertson: It's for the school year. Commissioner Gort: Okay, but they get an additional -- and the reason I'm bringing this questions up because I like to see -- and we discussed this before. We should have the RFP within enough time -- Mr. Robertson: Correct. Commissioner Gort: -- to make sure that we can award it when the time comes. Mr. Robertson: Absolutely, Commissioner. Commissioner Gort: Okay. Thank you. Appreciate it. CA.2. Mr. Robertson: CA.2 is the resolution -- Priscilla A. Thompson (City Clerk): No, no. I'm sorry. Chair Suarez: Yes. Ms. Thompson: You need to vote. Chair Suarez: Yes. Commissioner Gort: Do you want to vote one at a time? Ms. Thompson: Yes, yes. They're separate -- Commissioner Gort: Okay, move it. Chair Suarez: Okay. There's a -- Ms. Thompson: -- items. Chair Suarez: -- motion by Commissioner Gort. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. All in favor, signifir by saying Bye." The Commission (Collectively): Aye. CA.2 RESOLUTION 12-00722 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF FURNITURE FOR EDUCATIONAL OR INSTITUTIONAL City of Miami Page 31 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 PURPOSES, FROM VARIOUS VENDORS ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, UNDER THE EXISTING STATE OF FLORIDA CONTRACT NO. 420-420-10-1 (FURNITURE: EDUCATIONAL/INSTITUTIONAL), EFFECTIVE THROUGH MAY 31, 2014, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 12-00722 Summary Form.pdf 12-00722 Award Recommendation Form.pdf 12-00722 Furniture - Educational Institutional.pdf 12-00722 Certification of Contract.pdf 12-00722 Legislation.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0265 Chair Suarez: CA.2. Priscilla A. Thompson (City Clerk): Thank you. Commissioner Gort: CA.2, I realize you're piggybacking on the State. Kenneth Robertson (Director, Purchasing): Correct. This is a State of Florida contract that's awarded to 69 furniture manufacturing companies. Each of those 69 companies utilize authorized resellers, so we have opportunity to use upwards of 6 to 700 different local servicing dealers, some of whom are in the City of Miami, some of whom are in Miami -Dade County. But we do have local service reps that operate under this contract. Commissioner Gort: Perfect. That was my question, to make sure -- I know -- but at the same time, my understanding that we receive a large discount, 50 percent -- Mr. Robertson: Correct. Commissioner Gort: -- 60 percent discount. Mr. Robertson: The average contract discount is 46 percent, but the furniture line that we like to use in the City receives up to a 63 percent -- Commissioner Gort: Okay. Mr. Robertson: -- discount off of list. Commissioner Gort: And we've done the research that the price is up to the market to other competitors? Mr. Robertson: Well, their published list pricing is current in the industry. What we do is when we get a quote, we confirm that we are indeed getting the 61 to 63 percent discount off of that. Commissioner Gort: Okay. Thank you. I just want to make sure that we give the benefit to the resident -- business within the City of Miami and Dade County. City of Miami Page 32 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 CA.3 12-00745 Department of General Services Administration CA.4 12-00779 Mr. Robertson: Definitely. We do utilize our local authorized distributors. Commissioner Gort: Great. And they'll give you the same discounts? Mr. Robertson: Yes. Commissioner Gort: Okay. Chair Suarez: Is there a motion? Commissioner Gort: Thank you. Move it. Chair Suarez: Motion by Commissioner Gort. Is there a --? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. All in favor, signify by saying ifye. " The Commission (Collectively): Aye. Mr. Robertson: Thank you. Chair Suarez: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED MARCH 5, 2012, PURSUANT TO INVITATION FOR BID NO. 291262, FROM GRAYBAR ELECTRIC COMPANY, INC., THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR L.E.D. ACCENT LUMINAIRE FIXTURES, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 12-00745 Summary Form.pdf 12-00745 Award Recommendation Form .pdf 12-00745 Tabulation of Bids.pdf 12-00745 Detail by Entity Name.pdf 12-00745 Addendum No. 1.pdf 12-00745 Invitation for Bid.pdf 12-00745 Legislation.pdf Motion by Commissioner Gort, 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 CA.3 was deferred to the September 13, 2012 Commission Meeting. RESOLUTION City of Miami Page 33 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHEAST 27TH STREET FROM THE BAY TO BISCAYNE BOULEVARD, MIAMI, FLORIDA, AS "MOST REVEREND FATHERARMANDO LLORENTE WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMITA COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 12-00779 Biography Reverend Father Armando LLorente S.J.pdf 12-00779 Map of Reverend Father Armando Llorente Way.pdf 12-00779 Legislation.pdf SPONSORS: HONORABLE MAYOR TOMAS REGALADO VICE-CHAIRMAN MARC SARNOFF This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0262 CA.5 RESOLUTION 12-00781 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED:" FISCAL YEAR 2012 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM," CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE, IN THE AMOUNT OF $351,115, TO PROVIDE FUNDING TO SUPPORT LAW ENFORCEMENT INITIATIVES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. 12-00781 Summary Form.pdf 12-00781 Memo - Emergency Item.pdf 12-00781 Postaward Instructions.pdf 12-00781 Letter - Bureau of Justice Assistance.pdf 12-00781 Letter - Office for Civil Rights.pdf 12-00781 Budget & Program Attachments.pdf 12-00781 Legislation.pdf 12-00781 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0263 Adopted the Consent Agenda Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: City of Miami Page 34 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 PA.1 12-00780 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF CONSENT AGENDA Chair Suarez: Okay. Is there a motion on CA.4 and CA.5? Commissioner Spence -Jones: So move. Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Spence -Jones, second by Commissioner Gort. All in favor, signify by saying aye." The Commission (Collectively): Aye. PERSONAL APPEARANCE PRESENTATION BOB POWERS, CHAIR OF THE MIAMI BAYSIDE FOUNDATION AND THE MIAMI BAYSIDE FOUNDATION BOARD, TO ADDRESS THE CITY COMMISSION FOR THE PURPOSE OF DELIVERING ITS QUARTERLY REPORT. 12-00780 Personal Appearance - Bob Powers.pdf 12-00780-Miami Bayside Foundation.pdf PRESENTED Chair Suarez: Okay. Now we're going to have a personal appearance from -- a brief personal appearance from Mr. Bob Powers, the chairman of the Miami Bayside Foundation, regarding the Bayside Foundation's quarterly report. And I have to say, this is probably the first time we've actually ever had the Bayside Foundation present -- Commissioner Gort: Yes. Chair Suarez: -- its quarterly financial statements, and I want to commend all the board members -- Commissioner Spence -Jones: Yes. Chair Suarez: -- who are here, whether they be my appointees or not, for the work that they've done. They've really changed the organization completely and they deserve our credit and our commendation. Commissioner Spence -Jones: Mr. Chairman, ifI can add -- Chair Suarez: Yes. Commissioner Spence -Jones: -- if the board members are here, I would like for them to stand if they're here. Chair Suarez: Yes. Could you please stand? City of Miami Page 35 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: So we at least know who they are. Chair Suarez: Good idea. Commissioner Spence -Jones: Very good. Applause. Robert Powers: Yeah. These people give their time and service to the City of Miami. As you know, my name is Bob Powers. I am a resident of the City of Miami, and I'm also the former -- 'cause Nathan Kurland will be taking over the chair for the Miami Bayside Foundation. One person that doesn't get enough recognition in all this is our executive director, which is Kathleen Murphy. Kathleen, would you please stand up? Applause. Mr. Powers: This is -- whenever you have to deal with our foundation, this is the gal that you'll be going through and she's been marvelous. She's been really, really great. The other thing to let you know is that the way that this board is set up is we also have non -board committee members, and just want to recognize them. They are Michelle Burton King, who sits on our Education Committee; Adam Dunshee, who sits on our Loan Committee, Kathleen O'Neil, who sits on our Finance and Audit Committee, and Elizabeth Morton. These are all people that are not official members of the board, but serve at the board as being members outside of it to kind of like even the playing field They give us invaluable information and they're wonderful people. The thing -- the struggle that this company went through, to tell you the truth, is monumental. We had to start from scratch. I have a few people that I'd like to thank personally. I want to thank Chairman Suarez for seeing us before all the other boards come in. I thank you very much. Chair Suarez: Thank you. Mr. Powers: I wish we could have had this to you in June. I want to thank former Chair, Mr. Gort, number one, for giving me the time when you were chairman to let us figure this out and not pushing us to get a result. I asked you to give us some time to get a result. And I have to personally thank Commissioner Sarnoff for appointing me to chair to this, and I want to thank my board for voting me into the chairmanship. It was not an easy task at all, and it was also one that was publicly kind of prickly. So consequently, it is now back on its feet. It's doing what it's -- was supposed to do. We presently have loans in three districts of the city through eight different vendors, so we have loans out to eight different companies. Michelle Spence -- Commissioner Michelle Spence -Jones, Commissioner Sarnoff have received the most in that, and then we also have one person in your district, Commissioner -- or Chair Suarez. So -- and we've also put -- I think we have 42 kids going through school. So we have really, really done our job and our due diligence on this and I want to thank all of you for being patient with us . At this time, I'd like to introduce the new chair to the foundation, which his Nathan Kurland; if you would come up. Commissioner Gort: That's all right. You don't have to. Chair Suarez: Mr. Kurland, you have two minutes -- Commissioner Gort: We know him. Chair Suarez: -- and ten seconds. Commissioner Spence -Jones: Right. City of Miami Page 36 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Powers: And I'll pass it on to him. Commissioner Spence -Jones: Two minutes. Nathan Kurland: Thank you. Mr. Powers: Congratulations. Applause. Mr. Kurland: Commissioners, this may -- and Mr. Mayor -- very well be one of the briefest speeches you'll ever hear. Thank you very much. I only hope that I can follow in the footsteps of Chairman -- ex -Chairman Powers. In case you don't know, there is scholarship money available for citizens of Miami residents at Miami Dade College, Florida International University and Florida Memorial University. If you are a City of Miami resident and you have a son or a daughter at any of those three universities, there is scholarship money available. If you have a business in the City of Miami and you are a City of Miami resident, there is loan money available. I can repeat that one more time, but I don't think it's necessary. Also, if you are contemplating starting your own business, we have partnered with SCORE (Counselors to America's Small Business, formerly Service Core of Retired Executives). SCORE provides over 10 programs per month, over 72 programs for free. I will repeat that. If you are an aspiring entrepreneur and you would like to learn how to write a business plan, how to apply for grants, how to apply for money, what's necessary, how to use social media, SCORE provides free programs for citizens of Miami, residents, which the Miami Bayside Foundation has been set up for, for the citizens of Miami. Thank you. Chair Suarez: Thank you. Applause. Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Thank you. Yes. Commissioner Spence -Jones: I just would like to say this to Bob Powers. I definitely would like to commend him for turning the organization around. Mr. Powers: Thank you. Commissioner Spence -Jones: I mean, really, for turning it around. Applause. Chair Suarez: And I -- Commissioner Spence -Jones: And I know that it took leadership, you know, and I know that, you know, you had a very sticky situation. I know Commissioner Sarnoff knows. Both him and I have always had an issue with how the Foundation was being ran and, you know, it's nice to see that you guys have really gone out your way to make sure that the Foundation is touching everyone, you know. Mr. Powers: Right. Commissioner Spence -Jones: And I just really wanted to commend you because I know it wasn't City of Miami Page 37 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 an easy road, but I wanted to at least let you know that we appreciate, you know, you giving of your time and your service to make it happen. Mr. Powers: Thank you ve;y much. Chair Suarez: Thank you. Mr. Powers: You know, one -- I will say one thing. You know, Bayside is our funding. And you know, people who work for Bayside come and go, but Pam Well has been there for quite some time. And I got to tell you something. I haven't met or worked with anybody who is really dedicated -- Commissioner Spence -Jones: Yes. Mr. Powers: -- completely dedicated 'cause I know that she has to talk to all of you 'cause she has other business with the City as well. So I want to personally recognize her on behalf of us and on behalf of you guys, if I may. So Pam, if you would, stand up and let everybody take a look at you. Applause. Mr. Powers: And with that, thank you very much for your time. Commissioner Spence -Jones: Thank you. Mr. Powers: I appreciate it. Chair Suarez: Thank you. Thank you for your brevity and thank you so much for everything you're doing for this organization. I want to thank also Pablo Perez -Cisneros, who I think was here earlier today, but he was the first one that brought to my attention some of the challenges that the organization -- Commissioner Gort: Yes. Yes, he did. Chair Suarez: -- were going. And he -- if anyone knows Pablo, he's very persistent. So once he gets it in his mind that he wants to change the way things are, you know, being done, he usually gets his way. So -- okay. Thank you all. END OF PERSONAL APPEARANCE PUBLIC HEARINGS 9:00 A.M. PH.1 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, City of Miami Page 38 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 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 Carollo, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0290 Chair Suarez: Okay, going back to the -- thank you. See, the rest of them weren't that lengthy. I think the first one was unanticipated length, the PZ.1, 2, and 3. Commissioner Spence -Jones: (UNINTELLIGIBLE) the one you tabled from this morning, you want to get that out --? Chair Suarez: We can do all the tabled items, if you want. I mean, there's a bunch of items that were tabled PH.1, SR.1 was tabled and RE.25 was tabled Commissioner Carollo: And by the way, PH.1, I do want to mention there -- I spoke with Director Mensah -- Commissioner Spence -Jones: Mensah. Commissioner Carollo: -- and there was -- you know, in essence -- I'll tell you, in essence, the gist of the issue is that he should have come to all Commissioners because we're the ones up here who's voting. And there's some discrepancy with regards to what making whole means, and that's what's happening. And those discrepancies should have been solved by coming to the Commissioners and speaking to us, because it seems like the Manager's definition and my definition of making it whole was different from what Mr. Mensah understood and -- George Mensah (Director, Community Development): George Mensah. Commissioner, the definition that was given -- and if that's the truth, that means that your definition and the Manager's definition is different from myself and the Budget director, because I didn't appropriate the 119,500. That was appropriated by the director. And that appropriation was made strictly from the funding that the City Commission provided on 12/8/11 and what HUD (Department of Housing and Urban Development) approved. So the difference is what was appropriated by the Budget director. And so your understanding that we have to go back to last year's level and appropriate the funding is not what I understood. And last year they got a lot more than what we're giving them this year. Commissioner Carollo: Again, Mr. Mensah, but you understand that all this would have been cleared out if you would have come to the Commissioners. Mr. Mensah: Probably not because of the fact that -- like I'm saying, I know that I -- the Commissioners, I approached them; all of them understood it, that this is what was being happening. Commissioner Carollo: It was only three Commissioners that approved the adjustment, so two Commissioners were not here for that vote. Danny -- Mr. Alfonso -- I'm sorry -- could you verify what I'm saying? There was only three Commissioners here approve that vote. Daniel Alfonso (Director, Budget): I don't recall off the top of my head, Commissioner. You City of Miami Page 39 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 mean on the -- Commissioner Carollo: Yes. Mr. Alfonso: -- midyear? Commissioner Carollo: Yes. Mr. Alfonso: I believe -- Commissioner Carollo: For the 190. Mr. Alfonso: -- that is correct, Commissioner. Commissioner Carollo: Okay. So there was only three Commissioners present; two Commissioners were not even here. I could tell you, I was not here 'cause I had long discussions with Danny. And the bottom line is I wasn't part of that vote. So at the very least, you know, I think out of courtesy, you know, since it's affecting all of our districts, you should have come to us. And I'm telling you, all this -- at least with me, my office -- we would have ironed out. I would have asked you, hey, how are you making this whole? Hold on, the numbers don't tie. You would have said, well, Commissioner, this is how I'm doing it. And I would have said, well, wait a second. That's not what making it whole means to me, you know. So this could have been fixed, is what I'm saying, if you would have come to the Commissioners. Chair Suarez: Director, can I ask you a question? Mr. Mensah: Yes. Chair Suarez: Did you not brief the Commissioner, because we get briefed before agendas? Mr. Mensah: I did brief Commissioners. This particular one, I wasn't able to brief the District 3 Commissioner because we weren't able to get a meeting. Commissioner Spence -Jones: Okay, so -- Chair Suarez: Did you try to get a meeting? Mr. Mensah: Yes, I did. I did. Chair Suarez: Okay. Commissioner Spence -Jones: All right, so -- Commissioner Carollo: At the last minute. Mr. Mensah: No. We're talking about the previous one. This one, I tried on Monday for Monday -- Commissioner Carollo: Right. Mr. Mensah: -- to try to get a meeting with you for Monday. Commissioner Carollo: At the last minute. Mr. Mensah: Yes. City of Miami Page 40 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Carollo: You know. Commissioner Spence -Jones: Okay, so let's -- can we resolve PH 1 ? So at this point, did you receive the information that --? Commissioner Carollo: No, Commissioner. But let's just move on with it because the truth of the matter is, you know -- Commissioner Spence -Jones: Next time, George, make sure everybody is briefed before a number's put down on the table. Commissioner Carollo: And I -- and by the way, I thought we established that in the previous time this came up. You know, I will go ahead with it. However, you know, we do have other Commission meetings where we can bring something back and discuss it and so forth should it be major issues, okay. The only -- and I will make the motion to approve -- Commissioner Spence -Jones: Second. Chair Suarez: Okay. Commissioner Carollo: -- with a friendly amendment, and let me -- There are two whereas clauses. And you know I have mentioned many, many times as far as team work and that we do everything here as a team and consensus. So all I'm asking as a friendly amendment is that where it says Whereas Mayor Regalado, 'that we add and the City Commission. "And in the second whereas, where it says Whereas Mayor Regalado, 'ive also add and the City Commission." And I think that's fair, because in all fairness, we work up here as a team. I don't think there's one person -- so realistically -- Commissioner Spence -Jones: Second as amended. Chair Suarez: Okay. Commissioner Carollo: As amended. Chair Suarez: There's a motion and there's a second as amended. We need to open up the public hearing on this. PH 1 is open for public discussion. Anyone from the public wishing to discuss PH 1 ? Seeing none, hearing none, the public hearing is closed. All in favor, signify by saying aye." The Commission (Collectively): Aye. Chair Suarez: It passes unanimously. 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; City of Miami Page 41 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 FURTHER AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE COMMUNITY DEVELOPMENT DIRECTOR AND THE CITY ATTORNEY, TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID 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 Commissioner Gort, 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 PH.3 12-00725 Department of Police Note for the Record: Item PH.2 was deferred to the September 13, 2012 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS), AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92(A)(1) AND (3) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OFASOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF SOFTWARE UPGRADES AND ON -SITE SERVICES TO THE LAW ENFORCEMENT DIGITAL PHOTO LAB SYSTEM, FROM FORAY TECHNOLOGIES, FOR THE DEPARTMENT OF POLICE, IN A TOTAL AMOUNT NOT TO EXCEED $40,362, CONSISTING OF $19,525 IN SOFTWARE LICENSES, AND $20,837 IN ON -SITE SERVICES, WHICH INCLUDES ONE (1) YEAR OF SOFTWARE SUPPORT; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE ACCOUNT CODE NO. 12000.191602.664000.0000.00000; AUTHORIZING THE PURCHASE OF ADDITIONAL SOFTWARE SUPPORT OPTIONS FOR YEARS TWO AND THREE, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 12-00725 Summary Form.pdf 12-00725 Notice to the Public.pdf 12-00725 Memo - Software Upgrades.pdf 12-00725 Memo - Purchase of Licenses.pdf 12-00725 Letter - Foray Technologies.pdf 12-00725 Pre-Legislations.pdf 12-00725 Legislation.pdf 12-00725 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0267 City of Miami Page 42 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 wishes to address the Commission regarding a public hearing item must first register with the City Clerk to my right. In addition, pursuant to City Code, any person addressing the Commission must limit his or her address to two minutes, unless additional time is granted by the presiding officer. Finally, any person addressing the Commission must begin by stating his or her name and street address for the record. PH.3. Chief Manuel Orosa: Good morning, Commissioners. Manny Orosa, Chief of Police. PH.3 is basically a -- we bought some -- a digital enhancement software for our CSIs (Crime Scene Investigators). It's basically a huge computer system that stores photographs of all our crime scenes and can be used for prisoners as well. We bought it about four years ago. The licenses have to be renewed and software upgrades have to be done, and this is basically the request to purchase the upgrades and the software. It's no cost to us. We're getting it from a grant. Chair Suarez: Okay. Is there a motion? Vice Chair Sarnoff So move. Commissioner Spence -Jones: Second. Commissioner Gort: Second. Chair Suarez: Moved by the Vice Chair, second by Commissioner Spence -Jones. This is a public hearing item. Anyone who wishes to speak on PH.3, please step forward. Mariano, are you getting up or are you just scratching your back? No? You're not getting up? Okay. Mariano Cruz: (UNINTELLIGIBLE). Chair Suarez: Okay. Okay, thank you. The public hearing on PH.3 is closed; coming back to this Commission. All in favor, sign by saying bye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. PH.4. Commissioner Carollo: And Mr. Chairman. Chair Suarez: Yes. You're recognized. Commissioner Carollo: Real quick. The reason for the four -fifth is because -- Chair Suarez: It's a bid waiver. Commissioner Carollo: -- I was told it was a proprietary software? Chair Suarez: Is -- can someone come -- Commissioner Carollo: Could we put that on the record? Commissioner Spence -Jones: Procurement. Chair Suarez: Yes. Can someone in the --? Thank you. Commissioner Spence -Jones: Procurement. Chair Suarez: And by the way, PH.4 also requires a bid waiver, so we'd like to hear that, if City of Miami Page 43 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 that's the case. Commissioner Carollo: Yeah, right. You see where I'm going with that. Kenneth Robertson: Kenneth Robertson, Purchasing director. Foray Technologies is the exclusive manufacturer and provider for the department's system, so a sole source approval is required by a four -fifths. Chair Suarez: Thank you. Commissioner Carollo: And we've had this conversation before as far as going into all these proprietary, you know, systems and so forth and if that's the best case or not but -- Mr. Robertson: Well, the original selection of Foray Technologies was open and competitive by RFP (Request for Proposals) in 2009 -- Commissioner Carollo: Got you. Mr. Robertson: -- so the City received two proposals and properly vetted that whole procurement. To continue to use that system forward, it will require sole source approval. Commissioner Carollo: Thank you. Chair Suarez: Thank you. PH.4 RESOLUTION 12-00726 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Fire -Rescue (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 (A)(3) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OFASOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF MAINTENANCE AND REPAIR SERVICES OF FERNO EMERGENCY AMBULANCE COTS, FROM ERLA, INC. D/B/A EMSAR FLORIDA, FOR THE DEPARTMENT OF FIRE -RESCUE, ON AN AS -NEEDED BASIS, FOR A ONE-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT A FIRST YEAR COST NOT TO EXCEED $22,000, WITH OPTIONAL ANNUAL INCREASES NOT TO EXCEED FIVE PERCENT (5%); ALLOCATING FUNDS FOR THE FIRST YEAR, FROM THE DEPARTMENT OF FIRE -RESCUE GENERAL FUND ACCOUNT CODE NO. 00001.184010.546000.0000.00000, WITH FUTURE YEARS' FUNDING SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City of Miami Page 44 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 PH.5 12-00726 Summary Form.pdf 12-00726 Notice to the Public.pdf 12-00726 Memos - Sole Source.pdf 12-00726 Letter - Ferno.pdf 12-00726 Cost Breakdown - Sole Source #11-12-021.pdf 12-00726 Quote Worksheet.pdf 12-00726 Equipment Management Contract.pdf 12-00726 EMSAR - The Bronze Srvc. Level.pdf 12-00726 2012 Ferno Parts List.pdf 12-00726 EMSAR Class 4 & 5 List.pdf 12-00726 Email - Follow-up .pdf 12-00726 Legislation.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0268 Chair Suarez: PH.4. I believe that is -- Commissioner Spence -Jones: Fire -Rescue. Chair Suarez: -- a Fire Department item. Commissioner Carollo: And with regards to the four fifth, same -- Chair Suarez: Same -- yeah. Commissioner Carollo: -- issue? Kenneth Robertson (Director, Purchasing): Correct. Chair Suarez: Same information. Mr. Robertson: Ferno is the manufacturer of ambulance cots for PH.4. There are four prior City resolutions confirming sole source finding for this. The same is true. Chair Suarez: Thank you. Is there a motion on PH.4? Commissioner Gort: Move it. Commissioner Spence -Jones: Second. Chair Suarez: Moved by Commissioner Gort, second by Commissioner Spence -Jones. This is a public hearing. Anyone from the public wishing to speak on PH.4? Seeing none and hearing none, the public hearing on PH.4 is closed; corning back to this Commission. All in favor, signify by saying i ye. " The Commission (Collectively): Aye. Chair Suarez: PH.4 passes unanimously. RESOLUTION City of Miami Page 45 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 12-00672 Department of Public Facilities TO BE WITHDRAWN BY THE ADMINISTRATION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH 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 Spence -Jones, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PH.6 12-00672a Department of Public Facilities RESOLUTION TO BE WITHDRAWN BY THE ADMINISTRATION 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 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 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 City of Miami Page 46 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 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 Spence -Jones, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PH.7 12-00727 Department of Parks and Recreation RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE SEALED BIDDING IS NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-85 OF THE CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THAT DELUCCA ENTERPRISES, IS THE MOST QUALIFIED TO CONTINUE TO OPERATE AND MANAGE THE MELREESE GOLF COURSE AND FACILITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH DELUCCA ENTERPRISES TO CONTINUE TO OPERATE AND MANAGE THE MELREESE GOLF COURSE, WITH THE NEW TERMS AND CONDITIONS SET FORTH IN SAID THIRD AMENDMENT. 12-00727 Summary Form.pdf 12-00727 Notice to the Public.pdf 12-00727 Memo -Auth. Amend.- DeLucca.pdf 12-00727 Legislation.pdf 12-00727 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Carollo R-12-0269 Chair Suarez: Do we still want to do PH.7? Commissioner Spence -Jones: Yeah. Let's -- we just said we were going to handle it. Chair Suarez: Okay. I'm okay with it. Juan Pascual (Interim Director, Parks & Recreation): Thank you very much. Good morning. City of Miami Page 47 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Good morning. Mr. Pascual: Juan Pascual, interim director of Parks and Recreation Department. PH.7 is a third amendment to a professional service agreement with Delucca Enterprises. It requires a four -fifths vote, based on the findings of the City Manager and the recommendation of the Parks and Recreation Department that doing an RFP (Request for Proposals) is not advantageous or beneficial to the City. Delucca Enterprises is not only the requirements of the professional service agreement, but they bring forth a lot of activities and programs and community service, fundraising specifically for our department, our disabilities division. They also maintain some ball fields in our parks system at Grapeland, Fern Isle and Hadley. They're also the grantee and manage the first tee program, which is funded nationally and it's -- the main sponsor is the Professional Golfers Association and provides services to youth. They have over 500 kids that participate in that program. So their contribution and fundraising, philanthropy and the services are more than a half a million dollars to the Department and to the community. And this contract extension would call for a slight increase in their base compensation, and that is because they have assumed added responsibility since we constructed and built the clubhouse facility, bar/restaurant, the pro shop, the locker room facilities. So they've assumed more than threefold the responsibility of management at that particular facility. Chair Suarez: Are they required by contract to provide those philanthropic activities? Mr. Pascual: No, they're not. Chair Suarez: Thank you. Commissioner Gort. Commissioner Gort: I'd like for you -- because people are here and they're listening. What are the revenues being produced at this time? Because I know in the past they were talking about there was negative -- I understand I got some projections of actual that have taken place and projections towards the end of the year. I'd like to put the numbers on those things. Mr. Pascual: Sure, yes, sir. In our Oracle financial system, the records that we have and based upon what the revenues and expenses have been, in 2009, prior to the full operation with the new construction of the facility, the revenues were $1.4 million, $1, 478, 000 and change. The revenues in FY (Fiscal Year) 2011 increased to 2.7 million, and that's an increase of approximately 87 percent over '09. Commissioner Gort: Net to the City of Miami. Mr. Pascual: That's the gross revenue that -- Commissioner Gort: That's the gross revenue. Mr. Pascual: -- comes to the City of Miami, yes. Commissioner Carollo: Right, but what's the net? Mr. Pascual: Okay. I was getting there. They have operated -- the facility and the golf course has operated in the negative up until this year. And one of the issues there also is that the -- part of the operating budget also includes capital. The capital has not been segregated. So we've discussed that with the Budget Department of a need of establishing a separate capital item so the operating will be separate to the capital. This current year, even though capital is part of their overall operating budget, they're already in the positive and we're projecting a net profit of somewhere between 300 and 400, 000. They're in the black for right around 200,000 as of the end of June. City of Miami Page 48 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Gort: Okay. Thank you. Chair Suarez: And just for clarity's sake, are you recommending this agreement? Mr. Pascual: Yes, sir, we are. Chair Suarez: Thank you. Commissioner Carollo: Mr. Chairman. One last -- Chair Suarez: Yes. Commissioner Carollo: -- thing. Chair Suarez: Of course. Commissioner Carollo: The essence for the deferral in the past on this item was because of the financial information. Why wasn't that financial information included in our backup? Mr. Pascual: Well, sir, I was not -- I can only go based upon the record of what I was able to find 'cause I was not present and I was not in the director role in the past. It was my understanding that it was deferred because the prior negotiations on the amendment were based upon a percentage of gross and what we negotiated was a base compensation with a percentage of net. So we went from gross to net on the percentage and that's what we were instructed and that's what we negotiated and worked out with Delucca Enterprises. Commissioner Carollo: Do you know of any issues where there was discrepancies between their books and the City's books? Mr. Pascual: I think there were some discrepancies as to the numbers that they had in the past and current. I think this year there are no discrepancies. We're tracking on a weekly basis as to what the revenues are so we know what the cash check receipts are. We know what the credit cards are. It's being recorded in a very timely fashion into the City's financial, you know, system, so we've been monitoring that. And we get invoices; we get reports on a weekly basis. Every Friday, my staff goes and picks it up at the golf course and we process those. Commissioner Carollo: So at the very least from the discussions previously, the accounting has gotten much better, the follow up has gotten much better, correct? Mr. Pascual: Yes, sir. In fact -- and part of the services -- professional services agreement, it calls for an independent CPA (Certified Public Accountant) to do financial auditing at the end of every year. Commissioner Carollo: Right. I understand that. However, there were financial issues and that's what -- all that that I guess was worked out was not produced to me and was not part of the backup. And that's something that I remember getting into the very first time it came to agenda. You know, I spoke to the budget director, you know. I asked for those numbers. We were -- and there was issues because, like you very clearly said, their numbers didn't tie to our numbers. And I'm not saying that their numbers were wrong or I'm not saying that, you know, they didn't get them wrong. What I'm saying is we needed to, you know, straighten out exactly, you know, what we had. Mr. Pascual: Yes, sir. City of Miami Page 49 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Carollo: Yet, what we had was never, you know, produced to me or put as backup, you know, and I knew that was one of the main issues, at least for me. Mr. Pascual: Yes. Commissioner Carollo: So since that hasn't happened, that's why, you know, I stated in the beginning, you know, I couldn't vote for this item because I just -- you know, right now, if I be asked, I couldn't tell you exactly what there is. Therefore -- Commissioner Spence -Jones: Mr. Chairman. Commissioner Gort: My understanding -- Chair Suarez: Yes. Yes, Commissioner. Commissioner Gort: -- the discrepancy -- because I've been working with the financial department and with the individuals since they're in my district for -- the credit cards, there was a problem with the documentation of the credit cards. The credit cards would go to another box, and then it would come to the City, and that's where a lot of the discrepancy took place. But right now, my understanding, we have taken care of all that and they're showing that they're going to have projection about 3 to $400,000 net to their office. I've talked to a lot of individuals in the business. I'm not that familiar with the business. And golf courses in Miami -Dade County is subsidized, all of the golf courses. And my understanding, most of the private golf course, the people have to pay quite a bit to be there. Mr. Pascual: Yeah. In fact, Miami -Dade County is an example. They operate six different golf courses and they were subsidizing their golf courses to the tune of 1.5 million for last fiscal year. Commissioner Gort: And one other thing I recommend of the Administration, I think we have a beautiful place in there, but I don't think they get enough marketing. And somehow, we have to market our product, not only the -- all the products that we have. We have a lot of facilities that they don't really receive the marketing they should and I'm working on that. Chair Suarez: Anyone else? Commissioner Spence -Jones: Mr. Chairman. I -- Chair Suarez: Yes. Commissioner Spence -Jones: My only real comment on this -- I know that Commissioner Carollo's comments are really based on, you know, just whether or not the financial records were in order. I do know that a lot of it was not just them. It was them and the Administration at the time and how they were handling even the processing of their payments. I think that now that Juan has come on board, he has really put things back in order, has done an outstanding job of putting things on the right track. I think that with Danny now -- and I know, Danny, you have also been working closely with them to process their payments on a regular basis. So, you know, there's order being put in. And I think a lot of the times when we look at these things, we only look at the individuals that's doing business with the City, but we're not looking at how we're handling it on the inside and that creates a problem as well. So I don't think that it's just on them. I think that we have to take responsibility from a leadership standpoint as to why perhaps their books -- they had some issues with them. But I think now that there is some order and we have, you know, some pretty outstanding City workers that are, you know, putting things back in place, I think that that has now changed. So I think that now addresses or will address your issue. I just want to say just in general, sometimes you do things 'cause it's just the right thing to do. And you know, the Deluccas -- where's Mr. Delucca, the dad? I mean, he has been City of Miami Page 50 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 committed -- this is Willy district and, of course, we support the district Commissioner in this issue. But Mr. Delucca has been in that park probably longer than -- I'm not going to say almost as long as I've been born, but pretty close. Chair Suarez: Almost as long as I've been born. Commissioner Spence -Jones: Long -- as long -- right, as long as Francis has been born. And -- Commissioner Gort: Well, I was a little kid. Commissioner Spence -Jones: Okay. And the reality is, you know, yes, we do have a contract and agreement with them, just like we have with Shake -A -Leg and the rest of -- I could think of several different organizations that, you know, we have business relationships. And some things just go beyond the business. And we see for a fact and we know for a fact that they continue to serve this community, not just Willy district. They serve my district. They serve Coconut Grove. They serve your district. And we're talking about not only underserved children, but we're also talking about kids that, quite frankly, you know, through them they at least are able to provide services to kids that are mentally challenged. We gave presentations to them this morning, you know, showing that. So something -- sometimes you just have to make decision based upon what you know is the right thing to do. And I understand my colleague's viewpoint and I love his energy and I love the fact that we have somebody like him on this dais that will drill down and ask the hard financial questions, but I just think that it's important to acknowledge people for their passion and we know that they're very passionate about this community and trying to do the right thing. So with that being said, I mean, I don't know what else more there is to say unless they have done something that is extremely wrong, not right, you know, and if the Administration is not putting that on the record. You hear the Parks director saying that the recommends it. Quite frankly, I'm sure he's blessed to even have them at least handle certain programs that, quite frankly, our parks, you know, program can't continue or can't do. I don't even know that there's even a real debate on this issue. So, you know, as far as I'm concerned -- I mean, it's the district Commissioner -- you know, I'm assuming, you know, he would one -- be the one to take a vote on this issue, but I support, you know, the fact that they should continue being there. Chair Suarez: Thank you. Mr. Mayor. Mayor Tomas Regalado: Just a -- thank you, Mr. Chairman and Commissioners. Just a few words to support this item and -- but to support what Charlie Delucca and his family have been doing for the City. As a City Commissioner for many, many years, I saw the old building that we had in Kinloch many, many years ago. And I was here when Charlie and his family was able to raise the money to build what we have now, which is a -- one of the crown jewels of the disability programs in South Florida, the Sandra Delucca building. But not only that, I have seen how children from throughout the City are being helped in the golf course. And just recently -- and I agree with Commissioner Gort that they need more marketing because that is becoming an international golf course. Just recently, they start a project to have like a sister city golf course relationship with Santander in Spain, through the Mayor's International Council. So to me, they do a lot. There's a lot that is not in the contract, but they do it anyway because they are good people and I just want to say that. Thank you. Chair Suarez: Thank you, Mr. Mayor. Yeah, it's going to be a public hearing in a second. Is there a motion on this item? Commissioner Gort: Move it. Commissioner Spence -Jones: Second. Chair Suarez: Moved by Commissioner Gort, second by the Vice Chair. This is a public hearing City of Miami Page 51 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 item. The public hearing is opened on PH.7. Anyone from the public wishing to speak on PH.7? Mariano Cruz: Mariano Cruz, 1227 26 Street. I am also in support of this item here. And I remember -- 'cause I been here many years -- one of the last votes that former Mayor Clark did before he died was to vote in favor of this -- of the -- from Charlie Delucca. And also, I remember -- on the marketing, I remember when it used to be called the Le Jeune Golf Course but many people -- and I know because I drove a taxi 34 years ago. Many people used to come to the airport and between planes used to come to the golf course and play there, a few holes there. And I don't know if it's possible to do the marketing there at the airport or other places that people -- I know many people have stopped there between planes. They don't realize there's a golf course five minutes from the airport. And maybe that's an idea. And also, that building -- because I remember on the board -- advisory board -- the building, the new building came under budget and you know the people at Capital Improvement know that. It came way, way under budget. That way we can use that money someplace else. Thank you. Chair Suarez: Thank you. Thank you, sir. And if you could sign in with the Clerk when you have a moment, we'd appreciate it. I just want to just wrap it up by saying that, you know, I was very influenced by the fact that the Parks Department and the Manager's office explained that, you know, most golf courses lose money, particularly government -run golf courses. I know I've talked about this before, but there's a myth that RFPs end up -- end you up in a better place at the end of the RFP. I know in one particular contract from last year that I think I voted against, we were actually paying more money for the services after the RFP process than before. And you know, the length of a relationship with the City, I think, should be a consideration in terms of you know, how we contract because people put their heart and souls into their business and that's not quantifiable. I mean, the things that they do above and beyond what they're supposed to do, you can't put a price tag on that; you can't quantf that. You can't RFP that. And I think the gov -- this government has to really take a hard look at that because there's been a lot of potential procurements that have come before us in the last couple of years that have -- that are people that have had long-standing -- I mean, over a decade of relationship. I think in this case, it might be over two decades of a relationship with the City of Miami, and I think that has to count for something. So there is a -- there's no one else from the public that wishes to speak on this item? Hearing none and seeing none, the public hearing is closed. Yes, Commissioner. Commissioner Gort: I'd like to make a statement. First of all, I want to thank Commissioner Carollo for being here. I think we, in the two years that we've been here, made a lot of changes. We made a lot of improvement, and we will continue. That's our commitment. And that's why it took such a long time to bring it back in here. I didn't want to bring it back in here until we had the numbers. My understanding, up to now, they have $250,000 net profit for the City of Miami. They also projecting 400, 000. A lot of people forget they provide services to the parks, maintenance to the parks at a cost that would have cost the City $250,000, so that's saving additional savings for the City. At the same time, they have been able to raise anywhere from 5 to $600, 000 for the benefit of the different programs that we have in the City for disabled people, and that's the reason I brought it back. Thank you. Chair Suarez: Thank you. Commissioner Carollo: Mr. Chairman. Chair Suarez: Vice Chair and then Commissioner Carollo. Vice Chair Sarnoff You know, I'm not going to repeat what's been said. I absolutely echo a lot of the comments of Commissioner Spence -Jones, especially with regard to the African -American community and especially with regard to golfing. And I think before Tiger Woods, I don't know that we really thought about golfing and African Americans. So I absolutely echo her thoughts. She's -- there's a Charlie Roach. It's a pretty famous story, and we'll get into that, I think, in the City of Miami Page 52 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 fall because we're going to name a street after him. And to Commissioner Carollo, I looked at this when it came up and I analyzed it a lot like you did as well, the tangibles, the intangibles, comparison of the City doing it, the City not doing it. And I think in this circumstance, the intangibles and the tangibles, I think it came to a tie, if I remember correctly the way we analyzed it. It's almost the exact same thing. And you have a private sector guy running it, and I just happen to believe the private sector does a better job of running things than does the public sector. And the thing that gave me the overarching reason to vote for this -- well, two reasons. I want to say I will always support the district Commissioner with regard to items in that district. So Commissioner Gort has my support and I'm going to listen to what he has to say. But I also want to recognize Juan Pascual. I've always been a fan of Juan Pascual; before he became the Parks director. Now he's the designee Parks director. Chair Suarez: Interim, interim, interim. Vice Chair Sarnoff Interim, interim. I know he's holding on to those two suits and it's half off and, you know, I know he's deciding whether to keep the suit or not. Chair Suarez: Nothing is more -- a wise man told me nothing is more permanent in the City of Miami than being an interim. Vice Chair Sarnoff Interim. So what really threw me over was a pretty detailed meeting with Juan. And the Parks director, I think he gets the intangibles. I think he understands the tangibles. He helps me immeasurably. We're about to do something in a park of mine, and he's there every step of the way. Chair Suarez: He's incredible. Vice Chair Sarnoff I mean, I want Juan Pascual's input because he comes up with good ideas and he comes up with good suggestions. And you know, I just want to put it on the record, Juan. I've never had the opportunity, really, to extol your virtues. I've never had a meeting I haven't enjoyed with you. I've learned a lot from you, and you were the -- you helped me to overcome any issues I might have had with regard to what I thought was about a tie on the tangibles . Mr. Pascual: Thank you very much. Chair Suarez: I echo the Vice Chairman's sentiments on everything he just said. Commissioner Spence -Jones: Ditto. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: Thank you. Mr. Chairman, I'm not necessarily disputing what has been said. Pretty much, what I'm saying is, it should have been included in our backup. Chair Suarez: That's a pretty fair request. Commissioner Carollo: You know, pretty much, that's what I'm saying. I mean, I think -- no, I know for a fact if there's a Commissioner that respects a district Commissioner, have been I. And that's why, you know, from the very beginning, I said, listen, I prefer to defer it. However, I know it's in someone's district and I don't want to jeopardize anything for that district Commissioner. But however, I just did not have that information and how can I take a vote ifI -- you know, I'm not clear on the information that, in essence, were issues in the past. So I either have one or -- actually, one of three options. Either try to defer it or try to invoke the five-day City of Miami Page 53 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 rule, all that stuff, which I clearly did not out of courtesy to the district Commissioner. Number two, I could walk off the dais because I'm not prepared to vote on this item. Or number three, I can be, you know, straightforward to everyone, you know, and tell him, listen, I wish all the information would be included because I'm not prepared to take a vote. Therefore, I will have to vote no. So those were my three options. I actually appreciate meeting with Mr. Delucca for the first time yesterday. It was late in the afternoon. They provided information. As you know, it's a quite lengthy agenda. It's not conducive to analyzing numbers because of so many items on the agenda and that's the issue. So I mean, pretty much, out of the three options that I have, I have chosen not to, you know, push to defer it or five-day rule it or anything like that. So I could either walk off the dais because I'm not prepared to vote for this or simply vote no because, once again, I don't have the information. How can I just a vote where, you know, information that was critical in the past now is coming before us? So those are my options and I'm here, you know. Chair Suarez: Thank you, Commissioner. Okay, it's been moved and seconded. The public hearing has been closed on this item. Let me just make sure that we have a full body. Commissioner Gort: Call the question. Chair Suarez: All in favor, sign by saying aye." Commissioner Gort: Aye. Commissioner Spence -Jones: Aye. Vice Chair Sarnoff Aye. Chair Suarez: Aye. Commissioner Carollo: No. Chair Suarez: Please record Commissioner Carollo as a no on that vote. Thank you. Commissioner Carollo: And by the way, you know, I look forward to working with Mr. Delucca. And let me tell you, Commissioner Gort, you may be correct with regards to the marketing. You know, that's maybe something that we need to look at and see how cost effective it is, if it would actually bring in, you know, more revenues, you know. And maybe that should be an expense that we need to look at. You know, I'm not sure. I'm just saying that should be something that we need to analyze, but it might be something that I will definitely support. Commissioner Gort: Let me tell you, if you have not been at the restaurant, at the place there, you should go visit. And I invite a lot of people. We've had a lot of dinners there, and it's a great place to have and it's a place we should be proud of. Thank you. Chair Suarez: Absolutely. I'm very proud of it. Commissioner Spence -Jones: And ifI can just -- please make sure we do, Juan, still provide Commissioner Carollo with the information -- Chair Suarez: Absolutely. Commissioner Spence -Jones: -- that he's requesting so he could at least -- Chair Suarez: All of us, I think. City of Miami Page 54 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: -- feel very comfortable. Commissioner Gort: Yeah. Chair Suarez: All of us. Commissioner Spence -Jones: I think it's important. Chair Suarez: Thank you. Unidentified Speaker: Thank you. Commissioner Spence -Jones: Thank you. Commissioner Gort: Thank you. Chair Suarez: Okay. Commissioner Gort: Go make money. END OF PUBLIC HEARINGS ORDINANCES - SECOND READING SR.1 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, PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE, AND AN EXPIRATION 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 ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones 13336 Direction by Vice Chair Sarnoff to the Administration to ensure that it becomes a legislative priority for the City's State lobbying team to obtain clarification as to the reasons behind exempting the category of Peal estate sales person from paying the local business tax (BTR) as opposed to other categories, such as, lawyers, accountants, bankers, etc. Chair Suarez: Good afternoon. We will shortly begin our afternoon session of the City of Miami Commission. We actually have a quorum, but we had a time certain item and the Commissioner City of Miami Page 55 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 who wanted to bring that time certain item is not on the dais right now, and we're still missing another Commissioner. So I think we should just continue our business, and we have a quorum so we can do some business before. When Commissioner returns, we will go back to his item. RE.1. Unidentified Speaker: (UNINTELLIGIBLE) second reading. Chair Suarez: Oh, I'm sorry. SR.1. My apologies. SR.1. Commissioner Gort: Second reading. Julie O. Bru (City Attorney): Commission, Mr. Chair, SR -- Second Reading 1 is the amendment to the City Code in order to implement the provisions of Florida Statutes that deals with the business tax receipts. Chair Suarez: Okay. This is a public hearing item. Anyone from the public wishing to come and speak on SR.1 ? Seeing none and hearing none, the public hearing on SR.1 is closed; coming back to this Commission. Is there a motion? Vice Chair Sarnoff I'd like to make a motion to deny. Chair Suarez: There's a motion to deny. Is there a second? Commissioner Gort: I'll second it. Chair Suarez: Second by Commissioner Gort. It's an ordinance. Is there any discussion? Commissioner Carollo: Yes. Vice Chair Sarnoff I'd like to discuss. Chair Suarez: Okay. Vice Chair Sarnoff The reason -- Chair Suarez: Vice Chair and then Commissioner Carollo. Vice Chair Sarnoff Thank you. The reason I bring this up, Mr. Chair, is the Florida Legislature is trying to classift real estate salespeople and agents differently than they are from others who have to obtain BTRs (Business Tax Receipts). Business tax receipts were formerly occupational licenses. I could tell you that every lawyer in a law office is required to himself or herself have her own BTR. I could tell you that every CPA (Certified Public Accountant) in a CPA's office is required to have himself or herself a BTR. How the Legislature decided that suddenly there's now an exempt group is beyond the pale of wisdom. Now the City Attorney, I suspect, will tell you that there's a rational basis for this; though, candidly, I can't find the rational basis and it gets what's called in constitutional law least scrutiny. I think this law classifies people differently. And I'm going to quote from Thomas Jefferson: If a law is unjust, a man is not only right to disobey it; he is obligated to do so. And I think this is small, but I don't understand why it is a real estate agent is going to be treated than a dentist, than a lawyer, than a CPA, than any person in the City of Miami that's required to have a BTR. And while I understand we're just trying to follow the Florida Legislature, because somebody had a good lobbyist up there and snuck something in a bill, doesn't mean that I think we should follow what they do. Chair Suarez: Any other discussion? City of Miami Page 56 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Carollo: Yes, Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: I'd like to hear from our City Attorney, if possible, with regards to this. I think this was where we had the discussion last time, and I think we asked her to do additional research on this regards to any ramifications. Ms. Bru: Well, this is a -- in the State of Florida municipalities do not have the authority to impose taxes. All our taxing authority is derived from the State. The State has authorized the City to charge taxes for what is called business tax receipts. It used to be occupational taxes; now they call them business tax receipts. So this is all preempted to and controlled by the State Legislature. In the legislative scheme, the Florida Legislature has seen it fit to classij5i certain kinds of occupations differently and grant them exemptions. And they can do so -- under the Constitution, they do so because classifications that are not intended to class individuals according to either their race, national origin, or that affects them kind of fundamental right can be done by the Legislature as long as the Legislature has a rational basis. We get the Legislature's law with a great presumption that it's -- that it is lawful. And we are authorized and indeed obligated to presume that the Legislature's laws are lawful. And quite frankly, if you don't follow the legislative scheme, you put at risk the entire BTR program because you can't pick and choose how you're going to implement the state law. So this isn't the only exemption that the Legislature has. I mean, there are exemptions for veterans. There are exemptions, I think, for charitable organizations. I mean, there's a whole class of exemptions that the Legislature has carved out from paying these BTRs. As your City Attorney, I have to recommend to you to either follow the state law or then do away with the entire BTR program. You don't have to do it. You could just do away with the entire BTR program. Johnny Martinez (City Manager): Has the County done anything to fall in line with the State or Ms. Bru: I don't know what the County is doing. Mr. Martinez: -- any other --? No? Chair Suarez: Microphone, please. Vice Chair Sarnoff Well, that's a good question. Has the County decided to follow Florida Statute 205.607? Could you answer that question by looking up Munilaw [sic] in the next minute? Ms. Bru: I can make a phone call. Commissioner Gort: Bring it back later on. Commissioner Carollo: Table it and -- Chair Suarez: We'll table it. [Later..] Chair Suarez: SR. 1. Commissioner Spence -Jones: That's you, Marc. Commissioner Carollo: That's -- City of Miami Page 57 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: The Vice Chair. Commissioner Spence -Jones: That's Marc. Stephen Petty (Director, Finance): SR (Second Reading) what? Chair Suarez: SR. 1. Mr. Petty: SR. 1. Steve Petty, director of Finance. This is an ordinance of the Miami City Commission amending our local business tax schedule of established BTRs (Business Tax Receipts) by deleting the category for real estate persons. This is required by the -- by Section 205.067 of Florida Statute. Commissioner Carollo: I'm sorry. We're on what, SR. 1 ? Chair Suarez: SR. 1, yeah. Commissioner Gort: Yes. Chair Suarez: It was tabled. It's the first thing on our -- Vice Chair Sarnoff. BTRs. Chair Suarez: Yeah. Commissioner Carollo: The BT -- Commissioner Gort: The BTR for -- Chair Suarez: Yeah. Mr. Petty: This is a bidding on BTR schedules. Chair Suarez: Is there any new information? It was tabled for a reason. Commissioner Carollo: Right. Commissioner Spence -Jones: It was tabled 'cause -- I think Commissioner Sarnoff had -- Vice Chair Sarnoff I still -- I'm going to just state it as clearly as I can, and I'm going to quote Justice Roberts. Chair Suarez: You're in a quoting mood today, huh? Vice Chair Sarnoff Somebody that some bodies to my left might like. I think he's a brilliant justice by the way. Chair Suarez: He is. He is. Vice Chair Sarnoff "But not every classification is a suspect classification", and he says that, but he also says, "But it doesn't mean it shouldn't get any scrutiny." And I just don't understand how a CPA (Certified Public Accountant) sitting next to a real estate agent should have to pay a BTR when the other one doesn't, and I just think it's wrong. And you know I quoted Thomas Jefferson: The law is unjust. A man is not only right to disobey; he's obligated to do so. I feel City of Miami Page 58 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 obligated to say to the real estate community, I think what you've done is wrong and I think it's unfair to the dentists. I think it's unfair to the doctors. I think it's unfair to the lawyers. I think it's unfair to the paralegals. I mean, you want me to go to the high of the low. It's just not right that somebody gets classified that way. Now, Madam City Attorney brought up the fact that a non -for -profit. I sort of get that one. I understand a not -for -profit not paying a BTR. And I think you came up with a second example. Ms. Bru: There's many. There are mobile home setup operations. There are, I think, people who sell cemetery plots are excluded. Vice Chair Sarnoff. Well, we're all dying to get there so. Ms. Bru: You know -- I mean, there are numerous exemptions. Vice Chair Sarnoff I understand. Chair Suarez: Tremendous lobby. I didn't know that the funeral home community had such a strong lobby. Vice Chair Sarnoff. Well, actually, the mobile home community is one of the strongest lobbies -- Chair Suarez: Really? Vice Chair Sarnoff -- in -- have you ever seen the laws they have? Chair Suarez: Yeah. They have pretty good laws. Vice Chair Sarnoff And I think he was a real estate person. Chair Suarez: And they're comprehensive too. Vice Chair Sarnoff. Yes. Chair Suarez: Okay. Remember, what was on the table was a motion to deny. Vice Chair Sarnoff Motion to deny, right. Chair Suarez: And there was second by Commissioner Gort so -- Commissioner Carollo: Discussion. Chair Suarez: Yes. Commissioner Carollo: See, my issue that -- although I may agree with you, Commissioner Sarnoff, and I may not agree with what the State did, it's my understanding from what the City Attorney said is that it's the law. We can't charge -- because if we deny this, we will continue to charge the real estate industry and we can't. So is that going to subject us to a lawsuit to every person? What if they don't pay? Do we go after them in collection? I mean, I want to know more of the ramifications of not passing this, and I understand the concept. And like I said, I may agree with you; it is not fair, but I want to now -- Vice Chair Sarnoff You feel like your hands are tied. Commissioner Carollo: Right. City of Miami Page 59 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: I have an idea. Commissioner Carollo: But now pragmatically, I want to see what's the effect of denying this. Chair Suarez: I have an idea. Can -- Mr. Martinez: Class action suit from everybody. Chair Suarez: No, no, no. My idea is could we either, A, put a moratorium on the issuances or -- that's probably not a good idea; B, just implement it with a sunset date. In other words, we can pass an ordinance with a one-year sunset date so that we can see if any other cities are challenged. Because there's a lawsuit on both ends. I see a lawsuit on both ends. If I'm a realtor and I'm made to pay BTR, I'm going to sue the City of Miami, and so to the extent that there are -- we have income that we derive from that, we're going to get sued by those people. It's going to happen. Vice Chair Sarnoff You're right. You're right. Chair Suarez: The real estate brokerage community will sue us. By contrast, if it gets struck down, you know, I think there is a possibility that it could get struck down so -- but -- Vice Chair Sarnoff I could withdraw my motion and accept what you're saying, because at least you're paying homage to the fact that they got some sort of classification that the rest of us -- actually, I think all -- if I'm not mistaken, one, two, three, four of us pay BTRs. Now, I don't know about you -- Chair Suarez: Not to mention my Bar dues. Vice Chair Sarnoff Right. And not to mention other things. And I don't know why I get treated differently than a real estate agent. So having said that, I will withdraw my motion, and I will make a motion in accordance with the Chair's suggestion that this sunset in one year. Chair Suarez: That the ordinance sunsets in one year. Vice Chair Sarnoff And with an instruction that our lobby team efforts try to clam this in Tallahassee to find out why the lawyers, why the doctors, why -- Chair Suarez: So it's a directive. Vice Chair Sarnoff -- the dentists, why the bankers don't equally get treated that way. Chair Suarez: It's a directive to the Administrative to make this one of our legislative priorities for the next legislative session. At the same time, it's also a motion to approve this ordinance, but having it sunset in one year from today. So we can take the year to see what -- where this legislation has gone and be back with this. Commissioner Carollo: Second. Chair Suarez: Motion and a second. This is an ordinance. Has there already been a public hearing on this item? So it is an ordinance, Madam City Attorney. The ordinance was read by title into the public record by the City Attorney. Chair Suarez: As amended City of Miami Page 60 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Priscilla A. Thompson (City Clerk): Just wanting to make sure before I take your roll call, Chair, that the direction is separate from -- Chair Suarez: That's correct. Ms. Thompson: -- the language of the ordinance. Chair Suarez: That's correct. Ms. Thompson: All right. Thank you. Your roll call, please. Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Commissioner Carollo? Commissioner Carollo: Yes. Ms. Thompson: Vice Chair Sarnoff? Vice Chair Sarnoff Very begrudgingly, and Thomas Jefferson would be upset with me. Chair Suarez: No. Let me tell you, the founding fathers had to compromise a lot to get the Constitution passed. Vice Chair Sarnoff That's true probably. Chair Suarez: Trust me. Ms. Thompson: So Vice Chair Sarnoff is yes? Vice Chair Sarnoff Yes. Ms. Thompson: And then Chair Suarez? Chair Suarez: Yes. By the way, if you -- Ms. Thompson: The -- Chair Suarez: Yes. Ms. Thompson: -- ordinance has been adopted on second reading, as amended, 4-0. Chair Suarez: I'm sure you've seen the miniseries, John Adams. But if you haven't seen it -- Vice Chair Sarnoff. Oh, no. The series? Chair Suarez: I highly recommend it. Vice Chair Sarnoff Yeah, it's great. Chair Suarez: Okay. SR.2 ORDINANCE Second Reading 12-00620 City of Miami Page 61 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Department of Capital AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Improvements 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Program AMENDED, ENTITLED "FINANCE/ CITY OF MIAMI PROCUREMENT ORDINANCE", MORE PARTICULARLY BY AMENDING SECTIONS 18-87 AND 18-89, TO ESTABLISH COMMUNITY BUSINESS ENTERPRISE PARTICIPATION REQUIREMENTS AND COMMUNITY SMALL BUSINESS ENTERPRISE PARTICIPATION REQUIREMENTS FOR COMPETITIVELY PROCURED CONTRACTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-00620 Summary Form SR.pdf 12-00620 2012 Florida Statutes - CH.454 SR.pdf 12-00620 2012 Florida Statutes - CH.453 SR.pdf 12-00620 Legislation (Version 3) SR.pdf Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo 13331 Chair Suarez: SR.2. Commissioner Spence -Jones: SR.2. Albert Sosa: Albert Sosa, director of Capital Improvements. Second Reading 2 is an ordinance SR.2 is an ordinance related to small business participation on our construction contracts. Between first and second reading on this item -- during the discussion of the first reading, two items were asked to be added and we made those changes. Specifically, they relate to adding the Commission as a -- one of the entities that could waive these requirements on specific contracts, which is accomplished, and also, guiding qualifications to the party who will be doing the verification and certifying compliance that the requirements are met. Chair Suarez: Thank you. Commissioner Spence -Jones: I think Commissioner Sarnoff -- this was something that he -- this was the thing that you were really focusing a lot of your attention on, right, SR.1 ? This is about the real estate broker deleting -- Vice Chair Sarnoff. We're back to real estate broker? We're on SR.2. Chair Suarez: This is -- Mr. Sosa: This is SR.2. Chair Suarez: -- SR.2. Commissioner Spence -Jones: Oh, okay. Mr. Sosa: This is the small business participation. Chair Suarez: No, we tabled SR.1. Commissioner Spence -Jones: Oh, okay. City of Miami Page 62 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 SR.3 12-00621 Department of Capital Improvements Program Commissioner Gort: Move it. Chair Suarez: We tabled it. Commissioner Spence -Jones: You're tabling it? I'm sorry. Chair Suarez: Yeah. It's been moved -- Commissioner Spence -Jones: I didn't get that on my notes. Chair Suarez: -- by -- Vice Chair Sarnoff Second. Chair Suarez: -- Commissioner Gort, second by the Vice Chair. This is a public hearing 'cause it is an ordinance. Anyone from the public -- Go ahead, sir, as long as you're nice to me when I'm on television. The other day, you hammered me. I'm just kidding. Mariano Cruz: Mariano Cruz -- anyway, ABDA (Allapattah Business Development Authority), chairman of ABDA. You know, I worry sometimes about the participation of small business. 'Cause like the City of Miami gave a lot of money (UNINTELLIGIBLE) to Camillus House. I gave Dr. Ahr six resumes from people from Overtown and Charlie Cutler and from Allapattah. They never called anybody or small businesses. I mean, what about? They say, that's why we need the participation of the small business to make it with -- an ordinance with teeth. Like they say, you get the money quid pro quo, okay, and that's it. I agree with the ordinance if it is enforced. Thank you. Chair Suarez: Thank you, Mr. Cruz. Commissioner Gort: Thank you. Chair Suarez: Anyone else from the public wishing to speak on SR.2? Seeing none, the public hearing is closed. It is an ordinance. Julie O. Bru (City Attorney): It's been moved and seconded, right? Chair Suarez: Moved and seconded, yes. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/ CITY OF MIAMI PROCUREMENT ORDINANCE", MORE PARTICULARLY BY AMENDING SECTION 18-89, ENTITLED "CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS," TO ESTABLISH LOCAL WORKFORCE PARTICIPATION REQUIREMENTS FOR City of Miami Page 63 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 COMPETITIVELY PROCURED CONTRACTS; AND BY REPEALING, IN ITS ENTIRETY, OBSOLETE SECTION 18-110, ENTITLED "FIRST -SOURCE HIRING AGREEMENTS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-00621 Summary Form SR.pdf 12-00621 2012 Florida Statues - CH.454 SR.pdf 12-00621 2012 Florida Statues - CH.453 SR.pdf 12-00621 Legislation (Version 3) SR.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo 13332 Chair Suarez: SR. 3. Albert Sosa: Albert Sosa, director of Capital Improvements. SR.3 is a companion item to the one we just passed. SR.3 is related to an ordinance on construction contracts requiring local workforce participation, in other words, City residents. Similar to the previous one, based on the discussion had in the first reading, we added the two amendments that were required, which was making the City Commission one of the parties that could waive the requirement and also inserting the qualifications required for the party who's doing the certification and verification. Commissioner Spence -Jones: And it does have the third -party monitoring in it, right? Mr. Sosa: That's correct. Commissioner Spence -Jones: Okay. Chair Suarez: Is there a motion? Commissioner Spence -Jones: So move. Chair Suarez: Motion by Commissioner Spence -Jones. Commissioner Gort: Second. Vice Chair Sarnoff Second. Chair Suarez: Second by Commissioner Gort. This is a public hearing. Anyone wishing to speak on SR.3? Mr. Cruz, you're recognized. Mariano Cruz: Yes. Mariano Cruz. I am the chairman ofABDA, Allapattah Business Development. And I take this position, even it's pro bono, very seriously. I am here on my own time. I'm not being paid. All of you are being paid. Most of the people being paid; lobbyists are being paid. I want to make sure that business in the neighborhood get what is coming to them properly. Because sometimes they say this and then the banks don't give finance. The banks get a lot of money -- the other day it was Wells Fargo here. (UNINTELLIGIBLE) Wells Fargo was fined a hundred and seventy some million dollars for abusing the minorities. Come on. Don't give me that. You know, the -- whenever I see these people with the three-piece suit and the briefcase, I say, oh, I got to worry about them because they come here looking for money, our money. And I don't pay city taxes anyway, but I pay a lot of federal taxes too. City of Miami Page 64 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Thank you, Mr. Cruz. Mr. Cruz: And a lot of this money is federal tax. Thank you. Chair Suarez: Thank you. Anyone else wishing to speak on SR.3? Seeing none, hearing none, the public hearing on SR.3 is closed, corning back to this Commission. It is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-0. SR.4 ORDINANCE Second 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 Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo 13330 Chair Suarez: SR.4. Vice Chair Sarnoff Move it. Chair Suarez: Moved by the Vice Chair. Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. Anyone from the community wishing to speak on SR.4? Seeing -- Come on, Mr. Simmons. I see your hand. Joe Simmons, Jr.: Just one, just one. Commissioner Spence -Jones: And for -- can we --? Chair Suarez: By the way, you don't fit in Commissioner Sarnoffs pocket either, okay. City of Miami Page 65 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Simmons: No, sir. Chair Suarez: Just for the record. Vice Chair Sarnoff You could not match what you did this morning -- Commissioner Spence -Jones: Can we at least put something on the record, though -- Vice Chair Sarnoff -- so you just reiterate your performance of this morning. Commissioner Spence -Jones: -- so we know what it's about? Mr. Simmons: Wonderful, wonderful. Commissioner Gort: Let's hear. Chair Suarez: Go ahead, sir. Mr. Simmons: Good afternoon, ladies [sic] and gentlemen of the Commission. We're supportive of this item, the increased cap; 15 and 15 would be very helpful. We got folks already in school now about to begin -- some have already begun and this is very helpful and this is a long time coming. Chair Suarez: It's an honor for us to do it. Mr. Simmons: Need your support. Chair Suarez: Mr. Director, would you like to just make a brief statement on what this is about? Commissioner Spence -Jones: So the public knows what it is. Chair Suarez: Yeah, so the public can know what we're voting on. Keith Carswell (Director, Solid Waste): Okay. All right. Well, just for the public -- again, Mr. Simmons, I echo his sentiments. Mr. Simmons and I are both in agreement with amending the Code, Chapter 22, to increase the number of awards to employees of the Solid Waste Department, as well as the children and legal dependents of the employees. One of the things that this Commission did, I guess about two months ago, was allow us to use these funds for CDL (Commercial Driver's Licenses) licenses. We have a number of employees who, at the entry level, come in as temps or waste collectors without a CDL, and a CDL provides an opportunity or a path for deserving employees -- because one of the criterias [sic] is they can't have any disciplinary action within the last year -- for upward mobility. And I think that's pretty consistent with the desires of the Manager, as well as the City Commission. So we ask that you collectively support this. Commissioner Gort: Thank you. Chair Suarez: Thank you. Commissioner Gort: See, it helps when you talk to each other. Chair Suarez: Thank you. Mr. Simmons: Labor management started already. City of Miami Page 66 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: Yes. Chair Suarez: Awesome. Commissioner Gort: That's it. It's going to continue. Chair Suarez: So there's a motion and a second. It's an ordinance. Priscilla A. Thompson (City Clerk): I need you to close your -- Chair Suarez: Yes. Ms. Thompson: -- public hearing, please. Chair Suarez: Apologize. I've been doing so well today. You want -- and Mr. Cruz would like to be noted as in support of the item. Mariano Cruz: I'm a supporter of this education. Mariano Cruz, 1227 Northwest 26 Street. I support everything that got to be with education. Remember, Horace Mann, Commissioner Sarnoff Vice Mr. Cruz: -- if you build schools, you don't need to build prisons, okay. And that's the very important thing, like -- Vice Chair Sarnoff. Do you know the direct quote from Horace Mann? Mr. Cruz: I can tell you a tale of two cities, okay. Vice Chair Sarnoff. No, but do you know the direct quote Horace Mann said? Mr. Cruz: No. I don't know exactly, but I -- Vice Chair Sarnoff Horace Mann said, The number of prisons is a direct correlation to the amount of schools you have." Mr. Cruz: Oh, look. Yeah, I know. No, but you got to have education with all this global economy. My sister is a very educated person. She works in a global economy. Just now she spent two weeks in Thailand or she goes to Beijing, wherever it is, because she got the education and the base. And she go to Singapore. And Singapore, the money doesn't have a picture in the face. It got a book and university because that's what they do, education, education, and education. And we have a scholarship in our union too. We have a scholarship and we give it to the people that deserving them. And you know, once -- like I say, whatever they learn in Cuba before, Castro couldn't took it away from me. It's right in here. Chair Suarez: Thank you, Mr. Cruz. Mr. Cruz: Thank you. Chair Suarez: Anyone else from the public wishing to speak on SR.4? Seeing none, hearing none, the public hearing on SR.4 is closed. I think it's inverse correlation. I don't know if the quote -- the quoter quoted it right 'cause if it's a direct correlation, then that would mean that the more prisons -- the more schools, the more prisons. City of Miami Page 67 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 FR.1 12-00728 Department of Planning and Zoning RE.1 12-00700 Department of Solid Waste Vice Chair Sarnoff Yozz might be right. Chair Suarez: It's an inverse correlation. Vice Chair Sarnoff I might have reversed it. Chair Suarez: Not to get overly mathematical. Vice Chair Sarnoff He listens; I hate that. Chair Suarez: Sorry. It's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-0. END OF ORDINANCES - SECOND READINGS ORDINANCE - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 62/ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED," MORE PARTICULARLY BY AMENDING DIVISION 8, ENTITLED "TEMPORARY BANNERS," BY ADDING REGULATIONS FOR PUBLIC SERVICE ANNOUNCEMENT TEMPORARY BANNERS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00728 Summary Form.pdf 12-00728 Legislation.pdf Motion by Commissioner Gort, 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 END OF FIRST READING ORDINANCE RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING TWENTY-TWO (22) SCHOLARSHIPS TO ATTEND AN EDUCATIONAL INSTITUTION OR TO OBTAIN A COMMERCIAL DRIVERS LICENSE IN AN AMOUNT NOT TO EXCEED $3,000 PER City of Miami Page 68 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 SCHOLARSHIP, FOR ELIGIBLE APPLICANTS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO DISBURSE THE SCHOLARSHIPS, UPON DISCRETION, WITH THE PRESENTATION OF SATISFACTORY DOCUMENTATION FROM THE EDUCATIONAL INSTITUTIONS OR VOCATIONAL PROGRAMS; FURTHER AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO CITY MANAGER OR DESIGNEE AND CITY ATTORNEY; ALLOCATING FUNDS FROM THE SPECIAL REVENUE FUND ENTITLED, "SOLID WASTE RECYCLING EDUCATIONAL TRUST FUND," ACCOUNT CODE NO. 13000.212000.549000.0000.00000 12-00700 Summary Form.pdf 12-00700-Memo-Scrivener's Error.pdf 12-00700-Legislation-SUB. pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0270 Chair Suarez: RE.1. Keith Carswell (Director, Solid Waste): Thank you. Commissioner Gort: Move it. Chair Suarez: I think it's yours also, RE.1. Commissioner Gort: Move it. Chair Suarez: It's the actual scholarships, RE.1. It's been moved by Commissioner Gort. Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. Would you like to put anything on the record? It's just a resolution. This is the actual scholarships that are -- the actual individuals who are actually receiving the scholarships. Mr. Carswell: RE.1 is to award actually 22 overall scholarships from the educational trust fund. It would be interesting to note that of the 15 for employees, 14 are for CDL (Commercial Driver's License) licenses, so that will enable them promotional opportunities within the department. Chair Suarez: Awesome. Commissioner Spence -Jones: And I just requested for the director for the next City Commission meeting in Sep -- some time in September -- Mr. Carswell: Okay. Commissioner Spence -Jones: -- I definitely would like for them to come in front of the City Commission in the morning presentations -- Mr. Carswell: Okay. City of Miami Page 69 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 RE.2 12-00720 Department of Planning and Zoning Commissioner Spence -Jones: -- 'cause I'd like to see them. Mr. Carswell: We will. Chair Suarez: Thank you. It's been moved and seconded. All in favor, signify by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING, THE TEMPORARY EVENT LIMITATION PER YEAR, FOR PRIVATE PROPERTY, PURSUANT TO SECTION 62-521(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW THE PROPERTY AT 265 NORTHWEST 22 STREET, MIAMI, FLORIDA, TO HOST FOOD TRUCK GATHERINGS ON THE SECOND SATURDAY OF EVERY MONTH BEGINNING AUGUST 1, 2012 AND ENDING DECEMBER 31, 2012. 12-00720 Summary Form.pdf 12-00720 Legislation.pdf 12-00720-Submittal-Commissioner Sarnoff.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0271 Chair Suarez: RE.2. Keith Carswell (Director, Solid Waste): Thank you. Chair Suarez: By the way, as soon as -- I just want to say, as soon as Commissioner Gort comes back, I intend to bring DI (Discussion) -- Vice Chair Sarnoff. Carollo, Carollo. Chair Suarez: What did I say? Vice Chair Sarnoff. Gort. He's sitting to your left. Chair Suarez: Oh, I'm sorry, Commissioner Carollo. There you go. You got me. See, it didn't take very long. Anyhow, I promised Commissioner Carollo I wouldn't drink so much coffee today as I did in the last meeting. Anyways, I intend to bring DI1 because we're paying our external auditor, I think, $300 an hour to be sitting in the audience, so when he returns, I'd like to take up that item. RE.2. Barnaby Min: Barnaby Min, Zoning Administrator. RE.2 is a resolution waiving the time limitations for a temporary use permit at 265 Northwest 22nd Street. Commissioner Spence -Jones: So move. This is my district. I have a question, though. Chair Suarez: Moved by Commissioner Spence -Jones. Is there a second? City of Miami Page 70 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. Question. Commissioner Spence -Jones: I just wanted to ask a question. Where -- which -- whose lot is this? Mr. Min: Unfortunately, I don't know who the owner is now. I can let you know that it used to be owned by -- Commissioner Spence -Jones: Is it not the County? Mr. Min: I'm sorry? Commissioner Spence -Jones: It's not the County? Mr. Min: No. It's privately owned. Vice Chair Sarnoff It used to be Lombardi. Mr. Min: It used to be David Lombardi, who sold it approximately four or five months ago. Commissioner Spence -Jones: So is it the big lot that's on --? Mr. Min: Yes. Commissioner Spence -Jones: Okay, 'cause one of the things I wanted to mention -- there's a couple things. I wanted to be clear on the cleaning part of this. I know on the NET (Neighborhood Enhancement Team) side of it, you know, we're spending a lot of resources cleaning these lots out -- this lot out, on the outside of the lot. Are they paying any kind of fees associated with them doing this? And then I don't know -- I guess -- who just passed this out? Vice Chair Sarnoff I did, Commissioner. Commissioner Spence -Jones: Okay, because my question was, the food trucks are actually on the street, so is -- I'm just trying to understand why we're waiving something that they're not really using. Mr. Min: Okay. The property is limited to two events per year. In the past the food trucks have been operating in this particular property without permits. Since there has been a new arranger or organizer of the events, he has been trying to comply with all the regulations of the City. In order to have the events, it does go through various departments for review. We could obviously include solid waste to ensure that solid waste concerns are addressed. The prophylactic measure that we can take is, you know, to ensure that any cost that we incur are actually covered by the applicants. While I can't -- I'm not going to tell you how we're going to -- whether we're going to grant the permit or not, I would encourage you to grant the resolution -- Commissioner Spence -Jones: Yeah. Mr. Min: -- because if the events don't occur at the property, what has ended up happening in the past is that the food trucks have operated illegally in the public right-of-way and there are really no permits or regulations that we have in place for those particular people. So because this organizer's trying to play by the rules, at least we can have conditions put in place to ensure that he operates correctly. City of Miami Page 71 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: And Commissioner Gort, I thought that -- weren't you working on the food truck -- Commissioner Gort: I did. I asked -- they have to be a distance away from any existing restaurant that is paying rents, insurance, and all that. Mr. Min: Right. There is an ordinance -- Commissioner Gort: But my understanding on this item, the neighborhood is the one asking for it. Commissioner Spence -Jones: Yeah, but this is in a lot. You're talking about on the streets, correct? Vice Chair Sarnoff I -- Commissioner Gort: On street, on lot, either. Vice Chair Sarnoff I want to show -- the reason I brought this to you, Commissioner Spence -Jones -- and I'm not suggesting -- we sort of share a little bit of Wynwood and I certainly take some interest in it, but this is what's going on I believe on Northwest 2nd -- Commissioner Gort: Northeast 2nd Vice Chair Sarnoff -- Northeast 2nd. Sorry, Northeast 2nd Avenue. Unidentified Speaker: Northwest. Vice Chair Sarnoff Northwest? Commissioner Gort: West? Commissioner Spence -Jones: Northwest. Vice Chair Sarnoff Northwest 2nd Avenue. And this is pretty much illegal. And what you could see, it's forcing people to do -- it's called selling to the sidewalk. When you sell to the sidewalk, unfortunately, you force people into the street. Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff So I'm not a food truck fan. If you are a food truck fan -- and some people are -- you certainly want to organize it, you want to clean it, you want to have waste receptacles, but you can't let them sell to the street -- Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff -- or sidewalk, I think is the expression. So I wanted to bring it to your attention. I think you're doing the right thing by putting them on the lot, but I think you need to get -- this is a police issue, not a code issue. Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff Police needs to come out and say you guys cannot sell to the sidewalk. City of Miami Page 72 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: And then when they do the events -- I'm assuming when they come into the City to get the actual permit, you guys deal not only with solid waste, you also deal with police, too, right? Mr. Min: Correct. It goes to various -- Commissioner Spence -Jones: So they pay for police too? Mr. Min: There's various departments that review it, and if any department puts requirements that whether off -duty police officers have to be there or fire -rescue personnel or any -- if there's additional cost that are incurred by the City, it gets passed on to the applicant. Commissioner Spence -Jones: Okay, no problem. So we're moving it off the streets. This is allowing us to move it off the streets. So -- Mr. Min: To have this particular property allow the events, so then they would be off the streets and actually on the property. Commissioner Spence -Jones: So when we go by there on August 1 -- putting you on the spot, right? -- then we will not see any food trucks on the street and there'll be somebody enforcing it to make sure they're not on the streets, right? Mr. Min: I will let you know that Commander Rodriguez has been very actively reaching out to the vendors throughout the -- during the second Saturdays, letting them know that they can't have open flames on the sidewalk, letting them know that they can't just be parked on the street like that. So he has been very proactive without actually having to cite people or arrest people or anything like that. Commissioner Spence -Jones: Yeah. Mr. Min: Obviously, if it needs to go to that next level, I will work with the police department to make sure -- Commissioner Spence -Jones: Okay. Mr. Min: -- we go there. Commissioner Spence -Jones: Can you -- I'm just curious -- cite a food truck, though? Mr. Min: It's -- it can be -- I don't want to speak -- Commissioner Gort: Yeah. Mr. Min: -- for the police department, but I believe the ticket would be for obstruction of traffic and things of that nature. Commissioner Spence -Jones: Oh, okay. Mr. Min: It would be a criminal sanction. Commissioner Gort: My understanding, you got vendor's license and that type of vendor, they got to be moving around. They can't be -- Mr. Min: That is correct. City of Miami Page 73 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Gort: -- stationed. Mr. Min: That is correct. Commissioner Gort: Okay. Chair Suarez: And I just want to clarify something for the record, Madam Attorney. I represent a company that is a restaurant company and they -- the owner of that company also owns another business that I've not done any legal work for that owns a food truck. And so if I'm precluded from voting on this, I have no problem stepping off the dais and letting, you know, the remaining Commissioners vote on it. If I'm not -- you know, I'd just like to know what my status is on that. Julie O. Bru (City Attorney): No. Based on the facts that you have described, you are not gaining any kind of special private gain as a result of your vote here. This is a very, you know, removed relationship that you have with some party that may have a related business interest, but no, there is no conflict of interest. Vice Chair Sarnoff But we do know he's a truckie. Chair Suarez: Who, me? Well, I can't say I haven't eaten at one of the food trucks. Anyhow, this is a resolution. All in favor, signify by saying aye." The Commission (Collectively): Aye. Mr. Min: Thank you. Chair Suarez: Thank you. RE.3 RESOLUTION 12-00667 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities 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 NORTHWEST22 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 Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0272 City of Miami Page 74 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 RE.4 12-00733 Department of Capital Improvements Program Chair Suarez: RE.3. Henry Torre: RE.3. Good afternoon. Henry Torre, director of Public Facilities. RE.3 is a resolution of the Miami City Commission authorizing the City Manager to execute a revocable license agreement between the City of Miami and Allapattah Community Action, Inc., a Florida nonprofit corporation, for the use of approximately 5,293 square feet of City -owned property located at 1836 Northwest 22nd Place, Miami, Florida, for the purpose of providing space for a licensee's childcare program. Chair Suarez: Is there a motion? Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Gort. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. Commissioner Gort: Discussion. Chair Suarez: Yes. You are recognized. Commissioner Gort: It was stated a little while ago by some members of -- in here that this people are paying $50 a month for that facility. That facility is next to a park. I don't think there'll be many people using that facility. At the same time, what they fail to stated is that that facility provides daycare service to 70 little children that they don't pay anything. And if you been reading the papers lately, we having problem with a lot of the kids, the waiting list to go into daycare centers. At the same time, if this was to be shut down and they would not be providing the services, there'll be a lot of people that will not be working, and that's why I support this. And that's why I stated before that certain facility that provides social services, if we don't provide those social service, the City could be in worst situation too. Mr. Torre: Commissioner, and I'd also like to add that the children are also fed while they're there. Chair Suarez: Thank you. All in favor, signift by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVEDAPRIL6, 2012, PURSUANT TO INVITATION TO BID ("ITB") NO. 11-12-011, FROM PEREZ-GURRI CORPORATION D/B/A N&J CONSTRUCTION, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE CARIBBEAN MARKETPLACE RENOVATIONS PROJECT, B-30671, IN THE AMOUNT OF $831,869, FOR THE SCOPE OF WORK, PLUS A FIVE PERCENT (5%) OWNER CONTINGENCY AMOUNT OF $41,593.45, FORA TOTAL NOT TO EXCEED AWARD VALUE OF $873,462.45; ALLOCATING FUNDS IN THE AMOUNT OF $829,116.45, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30671 AND FUNDS IN THE AMOUNT OF $44,346, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30541D; AUTHORIZING THE CITY City of Miami Page 75 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 12-00733 Summary Form.pdf 12-00733 Memo - Caribbean Marketplace Renovations.pdf 12-00733 Bid Security List.pdf 12-00733 Legislation.pdf 12-00733 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0273 Chair Suarez: RE.4. Albert Sosa: Albert Sosa, director of Capital Improvements. RE.4 is a resolution authorizing the City Manager to award and execute a contract with N&J Construction, in the amount of $873, 000, for the construction at the Caribbean Marketplace. Commissioner Spence -Jones: So moved. Discussion. Chair Suarez: Moved by Commissioner Spence -Jones -- Commissioner Gort: Second. Chair Suarez: -- second by Commissioner Gort. Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: First of all, I didn't tell you well done on the ordinance that is going to go on to make sure that at least our local companies and individuals that live in the City have the opportunity to work, so I wanted to tell you well done on that. I also want to just make sure that this new resolution we have now, that ordinance is officially in effect now, correct? Mr. Sosa: We -- it's effective for any open advertisements that we have today. So there's a few open procurements that we have in Capital Improvements that tomorrow we will issue an addendum with that language. Commissioner Spence -Jones: But not on this one? Mr. Sosa: On this specific one, since it's already -- it's been closed for a few months, that language is not in there. However, in our discussions with N&J Construction, since we knew this was one of the ones that was caught in between, they have accepted and it will be in the contract that's executed with them, a 15 percent local workforce requirement. Commissioner Spence -Jones: Okay, great. And then really quickly, Public Facilities, we're very excited about this building. I'm assuming you're going to be taking it on. But what I would like to do is not wait until the place is completed. I know Miami -Dade County Cultural Affairs has given the money to actually complete the project and I know one of their concerns is that it's going to be managed and operated properly. Mr. Torre: Correct. City of Miami Page 76 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: So we do want to put an RFP (Request for Proposals) out to get a individual or a company to actually run the Caribbean Marketplace 'cause that's not what we do. Mr. Torre: Right. Commissioner Spence -Jones: So I just want to make sure that this is on the right track because I don't want Albert to start building stuff and you get perhaps a company or a corporation or an individual that wants to run and operate it and now we've built it out and now it's really not sufficient to what is needed there. So I just wanted to ask you, Henry, if there's any way we can move that process along as well? Mr. Torre: Absolutely, Commissioner. We're actually going to the property tomorrow -- Commissioner Spence -Jones: Okay. Mr. Torre: -- so we'll start getting some ideas together and we'll meet with your office next week. Commissioner Spence -Jones: Okay, great. Thank you. Commissioner Gort: Let me add a little bit to that also. The -- I understand there's contractor, they have certain contracts they have to buy in volume. A lot of times they need to buy little items, to try to do them within the district. I think it's very important. Mr. Sosa: Oh, absolutely. I think it's -- Commissioner Gort: For them -- it will be good for them to -- so the neighbors know they're buying and they're using their facilities. Thank you. Chair Suarez: Thank you. It's been moved and seconded. All in favor, signify by saying aye." The Commission (Collectively): Aye. RE.5 RESOLUTION 12-00741 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Works RECEIVED MAY 31, 2012, PURSUANT TO BID NO. 11-12-023, FROM MCT SERVICE, LLC (PRIMARY) AND BANNERMAN LANDSCAPING, INC., (SECONDARY), FOR THE PROJECT ENTITLED "DR. MLK JR. BOULEVARD LANDSCAPING (2ND BIDDING), M-0090", FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM ACCOUNT NUMBERS 00001.204000.534000.0.0 AND 00001.207000.534000.0.0, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 12-00741 Summary Form.pdf 12-00741 MLK Jr. Blvd. Landscaping (2nd Bidding).pdf 12-00741 Memo - Maintenance Contract.pdf 12-00741 Contract.pdf 12-00741 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo City of Miami Page 77 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 R-12-0274 Chair Suarez: RE.5. Nzeribe Ihekwaba: Good afternoon. Zerry Ihekwaba, Public Works director. RE.5 is a resolution to establish a contract for the maintenance of Dr. MLK (Martin Luther King) Boulevard landscaping contract. Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner Spence -Jones. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. Discussion. I'd just like to say -- as I've said every time we've had a contract of this nature -- Mr. Ihekwaba -- Mr. Ihekwaba: Yes, sir. Chair Suarez: -- that we're missing one on Coral Way. Mr. Ihekwaba: Yes. Chair Suarez: We need one on Coral Way. And I've said it time and time again. And I'm, of course, supportive of this item, but I would like to take a drive with you along Coral Way to see how badly the median landscaping has deteriorated. I mean, it's really, really bad. And I know that I was quiet when we deferred the light installation, and the reason why I was quiet was 'cause I was told by the Administration that it's kind of like in a pilot period, where you guys are testing to see that it actually works, and I think that's prudent and I think that's okay. And I appreciate your diligence in getting that started -- Mr. Ihekwaba: Yes. Chair Suarez: -- but, you know, I'm always going to be pushing you to do things as fast as possible, as all of us here are in our districts. So I definitely support this. I invite you to jump in the car with me and drive along Coral Way and see the condition of the landscaping there. Mr. Ihekwaba: Mr. Commissioner, with all due respect, I'm available 24/7 to take the ride. Chair Suarez: Thank you, sir. And you certainly have demonstrated that to me. Mr. Ihekwaba: Okay. Chair Suarez: Particularly, when it's raining. Yeah. All in favor, sign by saying Bye." Commissioner Spence -Jones: 24/7. Mr. Ihekwaba: Yes. The Commission (Collectively): Aye. Chair Suarez: He is. I have to admit, and weekends included. 'Cause I -- there's been -- I think that Sunday was a terrible rain and it was a lot of flooding in my district and he was there. Commissioner Gort: By the way, I don't know how many of you all have been at the walls of City of Miami Page 78 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Wynwood on 2nd Avenue -- Chair Suarez: Oh, it's awesome. Commissioner Gort: -- but that -- the change that has taken place in there is great. Vice Chair Sarnoff Where is this? Chair Suarez: Incredible. Wynwood Walls. Vice Chair Sarnoff Yeah. Commissioner Spence -Jones: Tony (UNINTELLIGIBLE) place. Chair Suarez: It's incredible, yeah. RE.6 RESOLUTION 12-00201 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS CANCELING AND TERMINATING THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND OLYMPIA BUILDING PARTNERSHIP, LTD., INCLUDING TERMINATION AND CANCELLATION OF THE SUBLEASE WITH OLYMPIA RESIDENTIAL BUILDING PARTNERS, LTD., TRANSFERRING POSSESSION OF THE COMMERCIAL AND RESIDENTIAL PROPERTY TO THE CITY OF MIAMI, ASSIGNING ALL EXISTING COMMERCIAL AND RESIDENTIAL TENANT LEASES TO THE CITY OF MIAMI, RELEASING OLYMPIA BUILDING PARTNERSHIP, LTD., OF ALL COVENANTS, CONDITIONS, AND OBLIGATIONS ARISING UNDER THE LEASE, SATISFYING LEASEHOLD MORTGAGES, AND ACCEPTING THE TRANSFER OF TENANT SECURITY DEPOSIT FUNDS FROM OLYMPIA BUILDING PARTNERSHIP, LTD., IN SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE OLYMPIA BUILDING PARTNERSHIP, LTD., IN THE CASE OF CITY OF MIAMI VS. OLYMPIA BUILDING PARTNERSHIP, LTD., PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 03-28667-CA-27. RE.7 12-00363 12-00201 Memo - Office of the City Attorney.pdf 12-00201 Legislation.pdf 12-00201 Exhibit 1.pdf Motion by Commissioner Gort, 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.6 was deferred to the September 13, 2012 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A City of Miami Page 79 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 RE.8 12-00782 MANAGEMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR A FIFTEEN (15) YEAR INITIAL TERM, WITH UP TO THREE (3) FIFTEEN (15) YEAR TERM OPTIONS TO RENEW, WITH OLYMPIA CENTER, INC., A FLORIDA 501(c)(3) NOT -FOR -PROFIT ORGANIZATION FOR THE ADMINISTRATION, OPERATION AND MANAGEMENT OF THE RESIDENTIAL AND COMMERCIAL RETAIL PORTION OF THE HISTORIC GUSMAN CENTER FOR THE PERFORMING ARTS PROPERTY LOCATED AT 174 EAST FLAGLER STREET, MIAMI, FLORIDA 33131; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER NECESSARY DOCUMENTS FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO COMPLY WITH REQUIREMENTS OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, THE CITY OF MIAMI'S OBLIGATION UNDER THE SUNSHINE STATE LOAN POOL PROGRAM AND THE CITY OF MIAMI'S HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENTS BOND PROGRAM, SUBJECT TO AN APPROVING OPINION OF BOND COUNSEL. 12-00363 Summary Form.pdf 12-00363 Legislation (Version 2).pdf 12-00363 Exhibit 1.pdf SPONSORS: HONORABLE MAYOR TOMAS REGALADO VICE-CHAIRMAN MARC SARNOFF DEPARTMENT OF PUBLIC FACILITIES Motion by Commissioner Gort, 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: Iteni RE.7 was deferred to the September 13, 2012 Commission Meeting. RESOLUTION Department ofNET A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ESTABLISH A SPECIAL REVENUE PROJECT ENTITLED: "2012 SUPPORTIVE HOUSING PROGRAM (SHP)," TO ACCEPT THE AWARD FROM THE MIAMI-DADE COUNTY HOMELESS TRUST IN AN AMOUNT NOT TO EXCEED $251,071, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; APPROPRIATING MATCHING FUNDS FROM THE CITY OF MIAMI EMERGENCY SHELTER GRANT, IN AN AMOUNT NOT TO EXCEED $59, 779; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY AS TO FORM AND CORRECTNESS, ALL NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF, AND COMPLIANCE WITH, SAID GRANT AWARD, AND TO APPROPRIATE THE REQUIRED MATCHING FUNDS. City of Miami Page 80 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 12-00782 Summary Form.pdf 12-00782 Memo - 2012 Supportive Housing Srvc.pdf 12-00782 Letter - Miami-Dade.pdf 12-00782 Legislation.pdf 12-00782 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0275 Commissioner Spence -Jones: RE.8. Chair Suarez: R -- Commissioner Spence -Jones: I'm sorry. Chair Suarez: RE.8. Commissioner Spence -Jones: I'm proud of you. You're moving this thing. Chair Suarez: I'm trying. I know we got a time limit. Commissioner Spence -Jones: RE.8. Sergio Torres: Good afternoon, Commissioners. Sergio Torres, City of Miami Homeless Program administrator. RE.8 is a resolution to accept a special revenue project entitled 2012 Supportive Housing Program, 'fn an amount of $250, 071 [sic]. This is a contract that we have had for the five, six, seven years, and it's specially designed to provide services to homeless individuals in the City of Miami. Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Gort. Is there a second? Commissioner Spence -Jones: Second. Discussion. Chair Suarez: Second, Commissioner Spence -Jones. You're recognized. Commissioner Spence -Jones: The only thing -- and I know we did our ride the other night in Overtown and I have to say -- I don't know if police is here, but they did a great job of cleaning everything up by the time we went out, but it was a good meeting -- I mean, a good drive at 11 o'clock. The only thing that I would want to suggest -- and I guess this falls upon the -- Haydee, the green shirts -- and I mentioned it to you that night, is that I would definitely want -- I know you only have one group -- or one or two individuals -- one individual that's -- two individuals that's on in the evenings. I've asked for us to try to -- and I mentioned that to you that night -- see if we can kind of split it up to have an evening shift and a morning shift because, quite frankly, they all know everybody's off at 5 and a lot of the home -- this homeless -- I don't know if it's -- if you're -- I don't know if you guys are being affected by this homeless issue. Commissioner Gort: Yes. Commissioner Spence -Jones: The situation's out of control. It's out of control. And in Overtown it's just like -- you know, it's like a festival outside, you know, and we have to stop it. City of Miami Page 81 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 And I think a lot of it is we do need to have the green shirts, some of them. So I don't know if we can -- Haydee make arrangements to schedule their work hours -- and do they work on the weekends? Mr. Torres: The biggest challenge on that, Commissioner, is not exactly having more manpower doing any specific shift, but the biggest challenge is the lack of emergency shelter beds. We used -- most of the resources that we had during the day is that when we get the most demand to services. I mean, I'm talking about phone calls that we receive from clients and agencies trying to get people placed in shelters. And night and weekends, we -- I will be honest with you -- that the situation with beds is really bad. Commissioner Spence -Jones: Right. Now to my understanding -- and I just want to be clear, Haydee. 'Cause in my briefings, not necessarily with you, I was told that we still do have the funds available for the hotel rooms, to put them up until they get, you know, transitioned into something else. Is that correct? Haydee Wheeler: Good afternoon. Haydee Wheeler, director of NET (Neighborhood Enhancement Team). At this time we do not --correct? Commissioner Spence -Jones: So we are -- Ms. Wheeler: We do not have the money for the hotel anymore. Commissioner Spence -Jones: Okay, what happened to that? Ms. Wheeler: It was exhausted. Mr. Torres: It was exhausted. We spent $457,000 this year lodging homeless families in hotel. However, the Homeless Trust just gave us an additional $100, 000 for that activity. We just received that commitment letter yesterday so -- and it's -- the money is only good until October 1. So I was about to talk to you the other night and try to bring that as an emergency item that we could include and approve as an amendment to the original contract that we have for $400, 000. Commissioner Spence -Jones: Well, I think we should definitely do that because, I mean, at -- you know, we are addressing -- I know how we're addressing the homeless issues, just kind of really dealing with it from a Band -aid effect, and I really feel like we need -- I don't know how you guys feels about this issue, but we really have to address this issue. It is really -- it's bad. And even though we put them up in the hotel, you know, and try to provide support services, that at least gives us a little relief. But I think we need a long-term strategy on how we really, really addressing this issue of homelessness. It's a problem, you know. So since you're saying October 1, I think you should definitely put it on the agenda. Ms. Wheeler: We will. Commissioner Spence -Jones: But in the meantime, I still think that we still should have more than one person on the streets, you know. Ms. Wheeler: We do have a team -- I apologize for interrupting -- that's actually out there from 10 o'clock at night to 5 o'clock in the morning, and we have a team that finishes at 10. So we do have a 24/7 coverage. What has happened during the assessments is that there is more of a need of families, individuals that do want the assistance of a shelter or a bed during the daytime and early nighttime. So we will assess again the need if the -- let's say the audience that we're looking at in Overtown at night really needed shelter, then Sergio and I have talked. We'll bring in more resources, more outreach at that time, and work with police in identiffing them. And, of course, like Sergio is saying, the bed is the issue. So with this additional money, we can then City of Miami Page 82 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 start like what we used to do before, getting families and maybe, you know, mothers with children into the hotels and allowing the beds for a later time. So we will work with them and come back to you and give you a plan. Commissioner Spence -Jones: No problem. Commissioner Gort: I think the biggest problem -- and I've been going at this for years -- is the facility. We being so good that everybody send their homeless to Miami. I think this is something we've been talking to the County and to the Homeless Trust that we need to take people to some other places. Ms. Wheeler: Commissioner, from my experience and what I've learned working with Sergio, it's really not that they're coming to us. We are one of the best services that provide for the homeless. Commissioner Gort: We are. Ms. Wheeler: You're correct. And all the services are in the City of Miami. I personally receive four or five calls a week of people losing their homes or houses. So now we have the homeless populations, some of them chronic that are out there, and then we have the ones that have -- are experiencing losing their homes at this time. So we're trying to -- like the Commissioner mentioned, if it's that we need to change our plan for this period of time, we will do that and get some more teams at night to just be ready in the morning when the beds are ready. Commissioner Gort: Yeah, but also be -- divers the facility and put another place outside of the City of Miami. I think we need to do that too. Mr. Torres: We do have a relocation type of service that is provided to anyone that wanted to be relocated to any place in the world. We have relocated people to England -- Commissioner Gort: Great. Mr. Torres: -- South Africa and any state in the -- Commissioner Spence -Jones: Well, right now they're relocating them to -- Commissioner Gort: Miami. Commissioner Spence -Jones: -- downtown and to -- I know for sure in Overtown. Literally -- and I told you that night -- we've seen them have like buses and they just drive them in and they unload them and they keep going. Vice Chair Sarnoff That's City of Miami Beach. Commissioner Spence -Jones: I don't know where they're from. Some school buses they have, you know -- Vice Chair Sarnoff They drop theirs off right around Overtown. They make sure their license plates are covered and they go right back to City of Miami Beach. Commissioner Spence -Jones: So that's happening. I mean, it's really happening. Mr. Torres: As I mentioned -- Vice Chair Sarnoff Happening all the time. City of Miami Page 83 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Torres: -- I believe I mentioned to you that night, we need to attack the problem by the roots. Andl believe that we need to look at several issues going on in the City of Miami, like we discussed that night. There are people coming from out of the City of Miami to feed the homeless on the street. There are people coming from -- Vice Chair Sarnoff That's -- therein -- now you've hit that nail on the head. It is -- since Camillus has left, it is the ad hoc feeding program that is dispersing them throughout the City of Miami, and in a strange way -- I don't mean to say welcome to the homeless problem, but welcome to the homeless problem. It's been in downtown in a concentrated way for years and years and years. And I'm not -- you know, we have the most comprehensive system in place. I think we're number one in the nation. However, as Commissioner Gort said, if you're homeless, come to the City of Miami. There is so many treatment options, services, feedings. And as I think the Chair likes to say, feeding a person without a social service attendant to it is no solution at all. Chair Suarez: Yeah, and I think -- the DDA (Downtown Development Authority) is working on reopening the Pottinger case, which I think I fully support because Pottinger really limits how you can treat homeless. And I think homelessness, we all agree, is not only just a physical state of -- or condition. It's -- for most of them, there are some, you know, mental health issues that go along with that. There are drug/substance abuse issues. And Pottinger really handcuffs us in terms of our ability to help them. Commissioner Spence -Jones: And I just need to ask this question because, you know, during my tenure and being gone almost two years, what was the transition, guys, for Camillus and their facility being knocked down because -- do they -- are they now stepping up to the plate and addressing now that they're no longer --? Are they --? 'Cause I don't see that kind of interaction happening. Vice Chair Sarnoff Part of -- I could try it. And ifI get it wrong, please jump in 'cause I feel like I know this. Part of the problem is that they long -- we're going to have more long-term chronic beds than we've ever had before, but it's not completed yet. We have lost the short-term -- they used to call it -- Haydee, help me. It was the outdoor program. Ms. Wheeler: Correct, the courtyard. Vice Chair Sarnoff. Courtyard program. We lost the courtyard program. And at some point Pottinger or the judges are going to have to recognize a bed may also be a spread on the floor, on a hard surface, that that's going to be acceptable to be a bed because right now, a bed is a bed. And all due respect, if you look where they sleep now -- Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff -- they're on the sidewalk. And I mean, I could bring you to 400 homeless people right now and they're right downtown Miami and, you know, come another hour, they'll start looking for their beds for the evening and, you know, that's the way it is. I think what you're seeing is you have an effective program, but it's sort of like trying to bail -- it's like trying to bail out a large boat with a great, big 200-gallon bucket. You'll make some progress, but inevitably, the boat seems to continue to go under and under. And throwing services at this is hard. I mean, it's -- I think you have to mod fy Pottinger -- and I'm not getting into a big Pottinger discussion. And I think we will. I think we should. I think we should be briefed on it and I know it's coming. And I -- obviously, I -- you know, you walk around City Hall and you hear -- and it's interesting to hear you guys because everybody's talking about homeless now. And I've been talking about homeless for five years. And it's, you know -- Commissioner Spence -Jones, I abstractly understand what it is for you to say to go home and what's going on in your street. It's an City of Miami Page 84 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 abstract image to me. I don't feel it. I can tell you what homelessness feels like. I've seen it, walked through it, gone to the shelters. And now you're beginning to feel it on a pervasive basis and it's hard to explain. Commissioner Spence -Jones: So are we doing -- we are doing some -- we're -- Vice Chair Sarnoff We will be -- it's going to come back to you guys some time right after the summer. Commissioner Spence -Jones: Okay. Ms. Wheeler: But as a point of more information, like Commissioner Sarnoff was saying, with the closure of the Camillus House downtown, the first negative impact was that the courtyard actually had 90 beds, okay. So you already have 90 people out in the street. Commissioner Spence -Jones: But I thought they were transitioning them to the new space. Ms. Wheeler: Okay, that's where I'm getting to. What the City Commission approved in the new site on 7th Street [sic] in Allapattah does not allow them -- correct? -- at this time to open the courtyard. I personally spoke to Dr. Ahr, Sergio and I, and of course, he's willing to open the courtyard, but that would require him coming back to City Commission and a zoning change because what this City Commission approved did not include that. In addition to that, he doesn't have right now beds. He will be able to open 48 shelter beds; problem is, he doesn't have the funding. So if he gets the funding, he will be able to have 48 beds, which what we said is, you know, would the City have priority? And I think that if that comes before you, it should be that our program, the City of Miami homeless program, should have priority of those beds. Either we use them or not, they should always be for us. Why? Because as people start coming in, then we become just another client. Anything like that would require them coming before you and we've been trying, and I think we met with Commissioner Gort and Dr. Ahr several months ago trying to have a plan for when Camillus close. Sergio has been working with the police department, and the impact outside downtown, I would say, has been minimal to what was expected. But is the problem going to go away? No, because right now we have a hundred and something safe havens that these people are out on the street. So you're seeing in Overtown a count of 15, I was told, at night. During the day we can give you the count. So what the program does is on the 24-hour period, to go out there. That's why the 11 team are usually, you know, until 10 p.m. By that time we have no beds to go. So I do recommend that if it does come before you, you need to -- and this is an issue for the district. That's why it was put that the beds should not be there, but maybe another part of the County should open a shelter where we can start using, and those are the kind of talks that we need to do. Commissioner Gort: We're pushing for other facility outside of the City of Miami. Ms. Wheeler: Correct. Commissioner Spence -Jones: Right. Commissioner Gort: And do the feeding outside of the City of Miami. Ms. Wheeler: Correct. Commissioner Gort: I mean, we get the burden of the whole county. Chair Suarez: There's a -- Vice Chair Sarnoff See, but that -- he hit it right on the head. We take everybody's -- City of Miami Page 85 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 RE.9 12-00783 Department of NET Administration Chair Suarez: Everybody. Vice Chair Sarnoff -- prisoners, we take every -- and where do we release them? City of Miami. Commissioner Gort: Yeah. Vice Chair Sarnoff. Two o'clock in the afternoon, everybody comes out with what, 75 cents in their pocket, and what do you think they're going to do? How are they going to get back to down south? How are they going to get back to northwest? Commissioner Gort: Yeah. They don't even go to court. The judges don't want them. Vice Chair Sarnoff Right. Commissioner Gort: They don't want those cases. Vice Chair Sarnoff. They have to do it by camera now. Chair Suarez: Okay. There's a motion and a second. All in favor, signift by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "2012 MIAMI-METRO HOMELESS ASSISTANCE PROGRAM -SOUTH" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $138,789, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST FORA TWELVE-MONTH PERIOD,TO PROVIDE OUTREACH, INFORMATION, REFERRAL, ASSESSMENT AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS IN MIAMI-DADE COUNTY; ALLOCATING THE CITY OF MIAMI'S ("CITY") REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $33,045, FROM THE CITY'S 2012 MEMORANDUM OF AGREEMENT GRANT ACCOUNT NO. 14800.910501.513000.0000.000000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 12-00783 Summary Form.pdf 12-00783 Memo - 2012 MMHAP South Contract.pdf 12-00783 Letter - Miami-Dade.pdf 12-00783 Legislation.pdf 12-00783 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0276 City of Miami Page 86 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 RE.10 12-00785 Department of Building Sergio Torres (Director, Homeless Program): RE.9 is a similar contract, named just a little bit different because it's designed -- it's a contract from HUD (Department of Housing and Urban Development) through the Miami -Dade County Homeless Trust for $138, 000, and basically, it's to provide services to homeless individuals south of Kendall Drive, all the way to Florida City. Chair Suarez: Is there a motion? Vice Chair Sarnofff. So move. Commissioner Spence -Jones: So move. Chair Suarez: Moved by -- Commissioner Gort: Second. Chair Suarez: -- the Vice Chair, second by Commissioner Spence -Jones. No fur -- any further discussion? All in favor, signify by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED MAY 21, 2012, PURSUANT TO INVITATION FOR BID NO. 317282, FROM VARIOUS VENDORS, THE THREE (3) LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, ON AN ITEM -BY -ITEM BASIS, FOR PLANS REVIEW AND INSPECTION SERVICES ON A CITYWIDE, 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 FROM THE USER DEPARTMENTS AND AGENCIES, WITH FUTURE YEARS' FUNDING SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 12-00785 Summary Form.pdf 12-00785 Award Recommendation Form.pdf 12-00785 Tabulation of Bids.pdf 12-00785 Letter - Invitation for Bid.pdf 12-00785 PMM's Drug Free Workplace Policy.pdf 12-00785 Detail by Entity Names.pdf 12-00785 Addendum No. 1.pdf 12-00785 Invitation for Bid.pdf 12-00785 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo R-12-0277 Chair Suarez: Okay, let's take out of turn RE.10. Commissioner Spence -Jones: So you're not -- (UNINTELLIGIBLE) PZ (Planning & Zoning) City of Miami Page 87 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 items at all? Or you want to go back to the regular (UNINTELLIGIBLE)? Chair Suarez: No, we'll go back. We'll go back to PZs. Commissioner Gort: We're going to do the regular agenda. Chair Suarez: We'll go back to the regular agenda and then go back -- do you want to do PZs? Do you have a PZ you want to do now? Commissioner Spence -Jones: (UNINTELLIGIBLE). Commissioner Gort: No, no. Chair Suarez: Okay. RE.10. Commissioner Spence -Jones: I'm just wondering why you're not starting with RE (Resolution) -- Commissioner Gort: How about second readings? Chair Suarez: Oh. There was a gentleman that requested one to be taken out of turn. Commissioner Spence -Jones: Which -- RE.10? Chair Suarez: RE.10, yeah. Commissioner Spence -Jones: Okay, no problem. Is he here? Chair Suarez: Yeah. He's right here. Thank you, Mr. Fernandez. Mariano Fernandez (Director/Building Official, Building): Mr. Chairman. This is a resolution accepting the bids for continuing to provide services for plan inspectors and plans reviewer as needed by the department. Chair Suarez: Is there a motion? Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner Spence -Jones. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. All in favor, signs by saying -- Oh, wait. Yes, I'm sorry. Commissioner Gort: We got questions. Chair Suarez: Mr. Hatten. Anthony Hatten: Yeah. Chair Suarez: I'm sorry. Mr. Hatten: Anthony Hatten, union president, Local 1907. I'd just like to get in agreement here. These are for mechanical inspectors. City of Miami Page 88 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Fernandez: That is correct. At this point we only need two mechanical inspector His. Mr. Hatten: Do you know how long it's going to take to get City of Miami inspectors? Mr. Fernandez: We're going to start with a Mechanical Inspector I position that we're going to open, go through the training, and hopefully he will become an Inspector III and we'll start removing one of the consultants until we get full City of Miami employees in the positions. Chair Suarez: Okay. Mr. Hatten: Do you know how long that'll take? Mr. Fernandez: It depends on your people. Mr. Hatten: Okay. Mr. Fernandez: The faster they can get the license, the faster I can get the positions out. Mr. Hatten: Do you know when the opening's going to happen for Human Resources? Mr. Fernandez: That -- Commissioner Gort: I can answer. Mr. Fernandez: -- your guess, it will be as good as mine. Commissioner Gort: I can answer right now. Right now my office is working very close with the ER (Employee Relations) office and we going to streamline the process and already we had some discussion on that. Mr. Hatten: Okay. Commissioner Gort: So I promise you, one of my commitments is to get City employees back in the City. Mr. Hatten: Okay. Thank you. Chair Suarez: Thank you. Mr. Hatten: Thank you. Mr. Fernandez: You're welcome. Chair Suarez: There's a motion and a second. All in favor, signifir by saying aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. Mr. Fernandez: Thank you. RE.11 RESOLUTION 12-00669 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE Facilities RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS City of Miami Page 89 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 OF THE EVALUATION SELECTION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 313280, THAT SMG IS THE TOP -RANKED FIRM FOR THE PROVISION OF PROFESSIONAL MANAGEMENT SERVICES FOR THE CITY OF MIAMI'S JAMES L. KNIGHT CENTER; AUTHORIZING THE CITY MANAGER, SUBJECT TO AN APPROVING OPINION OF BOND COUNSEL AND CONSULTATION WITH THE CITY ATTORNEY, TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT, WITH SMG, FOR AN INITIAL PERIOD OF THREE (3) YEARS, WITH AN OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS AND ADDITIONAL TERMS AS SPECIFIED IN REQUEST FOR PROPOSALS NO. 313280 AND FURTHER ENSURING COMPLIANCE WITH THE UNITED STATES INTERNAL REVENUE CODE OF 1986, AS AMENDED; ALLOCATING FUNDS FROM THE DEPARTMENT OF PUBLIC FACILITIES ACCOUNT, WITH FUTURE FUNDING SUBJECT TO THE AVAILABILITY AND BUDGETARY APPROVAL AT THE TIME OF NEED. 12-00669 Summary Form.pdf 12-00669 Award Recommendation Form.pdf 12-00669 Summary Evaluation Form.pdf 12-00669 Addendum No. 2.pdf 12-00669 Addendum No. 1.pdf 12-00669 Request for Proposals.pdf 12-00669 Exhibit A - C.pdf 12-00669 James L. Knight Center.pdf 12-00669 Legislation.pdf Motion by Commissioner Gort, 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 RE.12 12-00734 Department of Capital Improvements Program Note for the Record: Item RE.11 was deferred to the September 13, 2012 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO THOSE LISTED IN RESOLUTION NO. 12-0233, ADOPTED JUNE 28, 2012, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 12-00734 Summary Form.pdf 12-00734 Legislation.pdf 12-00734 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0278 Chair Suarez: RE.13. Commissioner Spence -Jones: RE.12. City of Miami Page 90 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: I'm sorry, RE.12. Excuse me. Albert Sosa: Albert Sosa, director of Capital Improvements. RE.12 is our standard appropriations items, where we move funding between our existing projects where we've had savings and also assign new funding to projects. Are there any questions on this specific one? Chair Suarez: Is there a motion? Commissioner Spence -Jones: So moved. Discussion. Vice Chair Sarnoff Second. Commissioner Gort: Second. Chair Suarez: Moved by Commissioner Spence -Jones, second by the Vice Chair. Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: Yeah. I just want to make sure, Albert, for the housing project that we have that it should be finishing. I know that Neil spoke to you in reference to the infrastructure improvement. Mr. Sosa: Seventh Court. Commissioner Spence -Jones: Yes, so you're going to -- Mr. Sosa: That'll be appearing in the September appropriations. Commissioner Spence -Jones: Okay, no problem. Mr. Sosa: Yes. Chair Suarez: All in favor, sign by saying aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. RE.13 RESOLUTION 12-00730 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRTY (30) YEAR LEASE AGREEMENT AND ADDENDUM TO LEASE AGREEMENT (COLLECTIVELY "AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE USE OF FDOT PARCEL NO. RWMS 3991 LOCATED ON THE SOUTH SIDE OF THE MACARTHUR CAUSEWAY RAMP BETWEEN BISCAYNE BAY AND BISCAYNE BOULEVARD, MIAMI, FLORIDA ("PROPERTY"), FOR PUBLIC PURPOSES CONSISTENT WITH THE MUSEUM PARK MASTER PLAN, ALLOWING THE CITY TO MAKE CERTAIN IMPROVEMENTS AND MAINTAIN THE PROPERTY, SUBJECT TO FDOT'S APPROVAL OF THE IMPROVEMENTS ON THE PROPERTY, WITH ALL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. City of Miami Page 91 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 12-00730 Summary Form.pdf 12-00730 Legislation.pdf 12-00730 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0279 Chair Suarez: RE.13. Henry Torre: Good afternoon, Commissioners. Henry Torre, director of Public Facilities. RE.13 is a resolution of the Miami City Commission authorizing the City Manager to execute a 30-year lease agreement and addendum to lease agreement for the use of FDOT (Florida Department of Transportation) parcel number RWMS 3991, located on the south side of the Macarthur Causeway Ramp between Biscayne Bay and Biscayne Boulevard, for purposes -- for public purposes consistent with the Museum master plan. Chair Suarez: Is there a motion? Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner -- Vice Chair Sarnoff Second. Chair Suarez: -- Spence -Jones, second by the Vice Chair. I just want to say that this is, essentially, the governmental instrumentality in reverse. Mr. Torre: Right. Chair Suarez: In other words, this is another governmental entity leasing to the City of Miami for a dollar, so there's -- Mr. Torre: Right. Chair Suarez: -- reciprocity between governments when it comes to helping each other to try to accomplish their long-term goals. And here we have a 30 -- if we were to have to pay fair market value on this land I promise you, it would be a lot of money. And so a lot of these things kind of have a way of working themselves out, particularly when you're talking between government and government which, by the way, are all funded by the taxpayers. Mr. Torre: Right. Vice Chair Sarnoff And has anybody ever analyzed could we do this under that charter change? Chair Suarez: Yes, because this is something we're leasing from FDOT. But if FDOT were leasing it from us, we wouldn't be able to do it. Vice Chair Sarnoff Right. Chair Suarez: In other words, it's the inverse of the situation. But the point is that, yes, we probably leased stuff to FDOT -- in fact, in my discovery, I realized that there were many leases City of Miami Page 92 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 to FDOT for infrastructure -related projects. And then we're seeing the reciprocity right here. I mean, this would cost us -- to do a 30-year lease at market rate for this land, I mean, it would be an astronomical cost. So there's an astronomical savings to having that provision where we can cooperate with other governments. Just another reason why we made a good decision today. Mr. Torre: RE.14 is a companion item. Chair Suarez: I think we have to vote on it. Commissioner Gort: We got to vote on it. Commissioner Spence -Jones: We vote on it. Chair Suarez: All in favor, signify by saying aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. RE.14 RESOLUTION 12-00732 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT ("USE AGREEMENT), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI ART MUSEUM OF DADE COUNTY ASSOCIATION, INC., FOR THE USE OF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PARCEL NO. RWMS 3991, LOCATED ON THE SOUTH SIDE OF THE MACARTHUR CAUSEWAY RAMP BETWEEN BISCAYNE BAY AND BISCAYNE BOULEVARD, MIAMI, FLORIDA, FOR PUBLIC PURPOSES CONSISTENT WITH THE MUSEUM PARK MASTER PLAN, WITH ALL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID USE AGREEMENT. 12-00732 Summary Form.pdf 12-00732 Legislation.pdf 12-00732 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0280 Chair Suarez: RE.14. Henry Torre (Director, Public Facilities): RE.14 is a resolution of the Miami City Commission authorizing the City Manager to execute a license and use agreement with the Miami Art Museum of Dade County Association, MAM, for the use of State of Florida Department of Transportation parcel number RWMS 3991, for the public purposes consistent with the Museum Park master plan. Chair Suarez: Is there a motion? Vice Chair Sarnoff So move. City of Miami Page 93 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Moved by -- Commissioner Gort: Second. Commissioner Spence -Jones: Second. Chair Suarez: -- the Vice Chair, second by Commissioner Gort. Commissioner Spence -Jones: Discussion. Chair Suarez: Madam -- Commissioner Spence -Jones, you're recognized. Sorry. Commissioner Spence -Jones: You can call me madam. That's okay. I just wanted to ask the question -- and I guess this is just notes I had on the project art video. You want to expound? Is that a part of this project, art video? Mr. Torre: Correct. What they're going to do -- part of this area they're going to use as a -- as an area where they're going to project some art against one of their buildings. Commissioner Spence -Jones: Oh, okay. Mr. Torre: It's also going to be a sculpture garden. Commissioner Spence -Jones: Okay. Chair Suarez: Thank you. It's been moved and seconded. All in favor, signify by saying aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. RE.15 RESOLUTION 12-00736 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A Management and PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI, FLORIDA, FOR THE Budget FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013; DIRECTING THE CITY MANAGER TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE CITY OF MIAMI'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. 12-00736 Summary Form.pdf 12-00736 Legislation.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0287 (RE.15) RESOLUTION City of Miami Page 94 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 12-00736a A RESOLUTION OF THE MIAMI CITY COMMISSION CALLING FOR A SPECIAL CITY COMMISSION MEETING ON JULY 31, 2012, AT 1:00 P.M., TO DISCUSS THE PROPOSED MILLAGE RATE FOR FISCAL YEAR 2013. 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-12-0291 A motion was made by Vice Chair Sarnoff, seconded by Commissioner Carollo, and was passed unanimously, to cancel the Special City Commission Meeting scheduled for July 31, 2012, at 1:00 p.m., to discuss the millage rate for fiscal year 2013. Chair Suarez: We were going to continue the PZ (Planning & Zoning) items, except that these are taking a lot longer than what we anticipated and we need a full body of the Commission to vote on our millage rate. Mr. -- Daniel Alfonso (Director, Budget): It's Danny Alfonso. Chair Suarez: -- Alfonso. Mr. Alfonso: We're going back to RE.15. We need to get a consensus on what kind of millage the City would like to put forward. Right now the proposal to have flat millage 7.571 on operating and .9 on debt service, but I'm here to answer any questions or given any information as to what impact any various rates would have. Vice Chair Sarnoff Mr. Chair. Chair Suarez: Yes. Mr. Vice Chair, you're recognized. Vice Chair Sarnoff. I had asked earlier that we come up with this $5 and 15 and $50 scenario. Mr. Alfonso: I'm ready to answer those questions, Commissioner. Vice Chair Sarnoff Could you kind of present them? I don't know the questions to ask. Mr. Alfonso: Okay. The -- if you wanted -- and I'll go to a number that's significant so that it means something versus 5 or $10. If the City wanted to impact the average homestead property owner in the City of Miami by, let's say, $60 a year, which would be roughly $5 a month, that would bring $13.9 million additional revenue to the City and would allow us certainly more flexibility than we have now. If a property owner of $500,000 were to be impacted by that level of increase, which would be a half a mill, a $500, 000 property would see an increase of $250, or roughly $21 a month. A million -dollar property would see a $500 increase. So the average homestead property owner in the City of Miami would see $60; a $500, 000 property, 250; and a million -dollar property, $500 a year. Vice Chair Sarnoff. I'm sorry. Sixty was how much? What was the value of the property? Mr. Alfonso: An average homestead property in the City of Miami is $118,112, as provided by the property appraiser. Vice Chair Sarnoff And you're saying that 118,000 property would be approximately $60 per year? City of Miami Page 95 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Alfonso: Sixty dollars more per year, and that would yield $13.9 million to the City's general fund Vice Chair Sarnoff And again, a $500,000 appraised value property would -- Mr. Alfonso: Taxable value. A five hundred thousand -- Vice Chair Sarnoff You're right. I apologize. Mr. Alfonso: -- dollar taxable value. Vice Chair Sarnoff Taxable value. And one million, I think you said, was $500? Mr. Alfonso: Five hundred dollars taxable. It could be appraised higher if it had some kind of exemption. Vice Chair Sarnoff Okay. Commissioner Spence -Jones: I mean, I just want to be clear. The item we're voting on now, we don't need four -fifths on this, correct? Mr. Alfonso: Correct. Commissioner Spence -Jones: Okay. This would be -- I mean, this would give us the time to come back in September and really make the final vote on whatever it is. So whatever millage we vote on now is not the actual --? Mr. Alfonso: Correct, Commissioner. Commissioner Spence -Jones: No. Mr. Alfonso: Whatever millage you vote on today is the millage that will be put on the trim notice that will be mailed to residents of the County or property owners in August 24. In September, when we come back to the Commission on September 13 and the 27th, the Commissioners will approve a preliminary budget on September 13 and a final budget on September 27. At both of those meetings the Commission has the ability to reduce whatever millage you approve today, but not the ability to increase. Vice Chair Sarnoff But what you're saying is -- well, I think even if we kept the mill where we are now, it'd still be advertised as a tax increase. Mr. Alfonso: Where we are right now as proposed would be an advertised tax increase. That is correct. Vice Chair Sarnoff And I'm sorry. The mill rate presently for the -- what is the number right now? Commissioner Carollo: Seven point six. Mr. Alfonso: Seven point five seven one is the current millage. If you were to put another half a mill, it would go to 8.071. Johnny Martinez (City Manager): Danny. The total mill right now is 8.5. City of Miami Page 96 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Alfonso: Yes. That includes the debt service millage. I'm assuming that the debt service millage would remain at .9, right, so that the total would go to 8.971. IfI may state that again. The current operating millage is 7.571. The current proposed debt service millage is .9, for a total of 8.501. If we were to add a half a mill to the operating millage, it would take the operating millage to 8.071 and the debt service would be .9; therefore, the combined total would be 8.971. Commissioner Spence -Jones: And when does that notice have to go out again? I just want to be clear. Mr. Alfonso: The notices -- well, I have to get to the property appraiser this information by August 3. Commissioner Spence -Jones: August 3. Mr. Alfonso: August 3. Then the appraiser will put that onto the trim notice that goes out to every homeowner and property owner in the City of Miami. They will get that. And then in September we will have the two hearings. At which time the Commission can decide to lower the millage. Commissioner Spence -Jones: Yeah. Let me just -- I mean, we've -- we started having this discussion earlier, and I do understand and I -- the feeling about making a decision like this and the message that it sends to residents, but I think that we have a responsibility to kind of communicate the other side of the story, and that is, if we don't, where does that find us? And you know, I said earlier -- and I was just really throwing out a number the last time -- saying you know, an extra, you know, $5 a year or extra $5 a month, you know, the average household -- even just looking at -- in my district, which I, like I said, I'm going to say the most challenged district, not to say you don't have challenging areas in your districts. I just -- for $5 a month, I just -- and I know I was a little emotional earlier about it because I really do feel like sometimes we get so caught up in, you know, the smoke and mirrors of everything that we just forget the things that are most important, and we know that we need to close this gap and here's a way for us to close the gap. The unions have gotten up here and they've been sacrificing for the last four years. Police, Fire, and, you know, the general employees, they've been making the sacrifices. You know, everybody's making sacrifices. And I just -- you know, I just don't -- I can't see any resident in either one of our districts having a issue with a $5 increase knowing that they're going to have -- at least have the support -- more support on the street with police, fire, and the general services. I think it's how we communicate it to our residents. I really do. And it's not based on one person. It's based on all five of us. We all have to be able to sell this message. And you know, my one conversation I had with one of the unions, you know, it's like if this is something we make a decision on, then we all have to work together to make sure we communicate one united message to, you know, the residents of the City of Miami about this issue. But I just think it's wrong, you know -- and I understand, Mr. Mayor, your viewpoint, you know, about how -- what you feel you're going to do to veto this item, but I wish you'd be vetoing some other stuff too, you know. And we have a issue right now where, you know, for four years they've been giving pints of blood, you know, to keep the City going. And the reality is, you know, at the end of the day, I don't want a police officer on the streets at least in Liberty City, Overtown, Little Haiti where I'm having the most shooting -related incidents where you have police officers, quite frankly, their morale is in the toilet because they feel like the City just does not care anything about them. You heard them get up here and say -- we all heard it. Not only just from the unions, but I'm just telling you even from officers that may -- you know, may not even be big union supporters, but the message that we send to them as police officers that we're not trying to even protect our own. And these people lay down their lives for us every single day. And I know that part of it is, you know, you want to make a point, and I understand that you want the residents to feel that you've made a commitment not to, you know, raise their taxes, but I don't -- I think that's a question that we need to be asking the residents. I think the residents City of Miami Page 97 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 have to weigh in on this. And I just tell you straight up, you know, from my district, I'm sure if I said if they had to pay $5 or have more police on the street or make sure that when it's time for us to call 911, you know, for fire -rescue to come, that would not be a big issue for them. It's just not. And I'm just one district. But I think that we should give ourselves the opportunity to -- I would rather not go into this budget not having the ability to negotiate or finagle the numbers . I just really would rather have that option. And we've had this conversation. Danny and I have been talking about this for months, actually. And I'm glad that Commissioner Sarnoff chimed in on it 'cause, quite frankly, I felt that you probably would have been the one that, you know, had probably the biggest issue with it, but at the end of the day, it's up to the five of us up here. You know, we have to look at what's best for the entire City as well. And I think that you know, at the end of the day, you should support that. You should support us having the ability to say, hey, yeah, we set the millage at this amount, but we do have the opportunity to negotiate those numbers down and at least look at finding ways to balance the budget so that everybody's making a sacrifice, everybody's making a sacrifice. Mayor Tomas Regalado: Commissioner, this is not to make a point. This is to fix a city that was broken and it was broken because of the practice of the past. It was broken because the residents were told that they have to make sacrifices and we saw the consequences. In every district we had many, many, many foreclosures. In every district we have many, many families out of work. Commissioner Spence -Jones: But Mr. Mayor. Mayor Regalado: But if I may? Commissioner Spence -Jones: With all due respect, nobody's going into no foreclosures for $3.54. That's just not going to happen. For $5 they're not going to go into foreclosure. For $60 a year they're not going to go into foreclosure. But guess what? At the same time, if we had $60 per -- I'm just using 60 only because that's a number -- we will be closing at least half of that gap. That doesn't mean we have to do that again next year. That means that at least that gives us a little breathing room for some of these wonderful projects like we heard today. I just asked Javier on the side, how much more money would this generate for the City? Oh, Commissioner, in the next two years, you're talking about talk an extra $5 million we'll be paying in taxes. So all of these great projects that we know we have on the books that's going to be happening over the next three or four years will help us, you know, fill those gaps in that we may have to make the sacrifice on now. But I sat up here on the dais with you for those six years -- or the four years, because two I was gone, and you know, we didn't -- I mean, I hear what you're saying, but I'm -- nobody was ever calling my phone, quite frankly, and saying, Commissioner, I got a issue because we're now paying $2 extra. That was never an issue. Mayor Regalado: Well, in the last budget that the past Administration presented to us, you and I and Commissioner Sarnoff were here and there were a lot of layoffs and there were a lot of cuts, and we supported that budget because it was the necessary thing to do. I remember Mayor Diaz when he stood up here and he said, Commissioners, you need to approve this budget because if you don't, the next Mayor will be the last Mayor of the City of Miami because this is unsustainable after years of years of contracts and raises and all that. And many people were lay off, many. Many had to be rehire by our Administration because of the courts, but many people were lay off. We are working precisely for the employees of the City of Miami to have a future. You know, we could go the route of -- we could have gone the route of bankruptcy, or we could have called the governor and have an oversight board. Willy and I were here when the oversight board was in place, and I remember that at least two budgets that we approved were rejected and they did their own budget. They took control of the City and they raised taxes and they raised the garbage fee and they ordered the City to hire administrators and assistant directors and create and -- it brought what it have. Commissioner Spence -Jones: But -- City of Miami Page 98 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mayor Regalado: But what I'm trying to tell you -- Commissioner Spence -Jones: Right. I'm trying to understand it. Mayor Regalado: -- is that what this Commission has done -- Commissioner Spence -Jones: Okay. Mayor Regalado: -- in the past years -- Commissioner Spence -Jones: Yes. Mayor Regalado: -- have brought investment, trust of the investors, new constructions, which means that the base of the City will be much better -- Commissioner Spence -Jones: Right. Mayor Regalado: -- in the near future. Commissioner Spence -Jones: Right. Mayor Regalado: And this is the guarantee that we're giving the City employees, because I'm out of here when my terms are gone. Everybody is term limited here, but they are not. Commissioner Spence -Jones: But Mr. -- Mayor Regalado: They will be here for many, many years and we need to have a sound city for them. I am telling you that it is a mistake to raise taxes because not only it sends the wrong message to the people of Miami but to the investors, to the people that want to come to the City of Miami to live. Many people left the City of Miami during the '90s. Many people went to live in the suburbs and they're coming back here because they're seeing opportunities. Commissioner Spence -Jones: Right. Mayor Regalado: I am telling you that I believe that our employees have taken cuts, but they're working with their heart. I saw the City of Miami Police Department last Tuesday -- Commissioner Sarnoff and I were there -- being very passionate about the work that they do to safeguard the streets. There were like 150, 200 people there, more than I ever seen on a community meeting. And I saw those police officers -- one of them is outside -- even with tears in their eyes, saying I'm going to work more, because they love what they do. Commissioner Spence -Jones: Mr. -- Mayor Regalado: Commissioner, I am -- Commissioner Spence -Jones: -- Mayor, with all due respect, andl -- you know, I definitely want to respect you, you know, because it's -- you're the Mayor of the City, and I hear your viewpoint of what you're, you know, trying to communicate, and you know, I'm just a little lost because I think that we all up here know that -- we all have made sacrifices to make sure that we're not laying any employees off. I think that that's been a mandate with all of us up here, you know, that no matter what we have to do, we want to make sure people remain on their jobs so they can take care of their families, and I think that we did a great job of that last year. There were a few layoffs. I would have like to have known them. Commissioner Carollo mentioned that at one time or another. We didn't know it until the end. But I think going into this budget season, we all City of Miami Page 99 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 have agreed that we do not want to take that risk of having someone lose their job and not be able to take care of their families. That -- so to me, that argument needs to be placed over here for a moment. I want to deal with the issue of how does $3.45 or $5 a month for even a working class family or a family that's, let's say, in my district. What does $5 per month have to do with someone's safety, someone's ability to have, you know, a fire -rescue truck come pick them up after a police shooting that has taken place in their neighborhood? Whatever it might be, my point is I don't -- I'm -- maybe I'm missing it, but we have to have a stronger argument around why we're not even looking at it as an option. You know, we can't just stand up here and say, you know, we love and support our City employees, our fire and our police and our general employees, but yet, we say that out of one mouth but yet and still we're chopping their legs off, you know. And I just -- I'm just going to be -- for me, I don't ever have to be in office, you know. It's -- Mayor Regalado: And -- Commissioner Spence -Jones: -- let me finish. But while I am in office, I'm going to try to do the right thing. Mayor Regalado: And -- Commissioner Spence -Jones: And I'm going to try to make sure that I'm never going to get caught up on what things look like and appear to be because at the end of the day, if we're not able to meet these expenses that's necessary in order to keep the City alive, we will be bankrupt like every city that we see that's happening across this country because they did not have the courage or they didn't make the hard decisions necessary or make the sacrifices so that at least we could sustain the City. I'm not saying that we have to do this forever, you know. Out of -- me out of all people, I think my community will be affected the most by it. But I know that ifI had to take my message -- and I'm willing to do that -- to my residents to explain to them why this is necessary right now, we have to dig deep, we have to bite down and just, you know, for this next year, at least get us through this rough period, you know, so that at least we could find ourselves stable. I think it's necessary. I think it's not one way or no way. It's just not. And at the end of the day, if anything ever happens to you at your house, God forbia or any one of us, we're going to want fire -rescue to show up and not have enough people available working because we have literally destroyed the departments, we have literally destroyed the morale of the employees, and I'm just -- it's just crazy that we even having this discussion for $3.45. Mayor Regalado: I think, Commissioner, that you know, you're trying to make your point. But at the same time, what we're doing here is not making a point. We're structuring a city for the future. We're trying -- Commissioner Spence -Jones: But how are you -- tell me how you're doing that -- Mayor Regalado: Let me finish. Commissioner Spence -Jones: -- with $3.45. Mayor Regalado: Let me finish. Commissioner Spence -Jones: Explain it to me. Mayor Regalado: It's not about the $3.45, which, you know, it's only a number there. It's about the future. The Commission -- Commissioner Spence -Jones: We're not going to have a future. City of Miami Page 100 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mayor Regalado: The Commission -- Commissioner Spence -Jones: You're not going to be able to get a developer or builder or anybody to do anything here in Miami if they feel unsafe in the City. If the police -- if we don't have enough police in the streets, if people don't feel like they're getting the proper services, Mr. Mayor, in this City, I don't care how many investors you think you're going to attract to the area. Guess what; they're not going to come. I'm trying to rebuild Overtown right now. The biggest issue I have is crime, the biggest issue. Mayor Regalado: And you think -- Commissioner Spence -Jones: Liberty City. The biggest issue I have is gun violence. Mayor Regalado: -- that with $3 you'll be able to place a police officer in one block -- Commissioner Spence -Jones: No. Mayor Regalado: -- every block. Commissioner Spence -Jones: No. What I'm saying -- Mayor Regalado: Commissioner, what I'm saying -- Commissioner Spence -Jones: -- to you, I -- what I do think will happen -- Mayor Regalado: Let me -- Commissioner Spence -Jones: -- is that we will send a message to our City employees that we are willing to make the same kind of sacrifices that we're asking them to make. Mayor Regalado: Well, you know, my first action, as City of Miami Mayor, was to ask the Commission to allow me to reduce my salary and benefits by 38 percent. I took a $63,000 cut and I need it because I don't have a business. I don't have -- I don't work a second job. Commissioner Spence -Jones: Mr. Mayor -- Mayor Regalado: Commissioner, with all due respect -- Commissioner Spence -Jones: -- with all due respect, this is not about you. Mayor Regalado: -- let me finish. Commissioner Spence -Jones: This is not about you. Chair Suarez: Wait, wait, wait, wait. Guys, guys, guys, guys, guys. Commissioner Spence -Jones: This is not about you. Chair Suarez: Let's keep this orderly. Let's -- point, counterpoint. Commissioner Spence -Jones: But it's not about -- Chair Suarez: I understand. Commissioner Spence -Jones: -- one person. City of Miami Page 101 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: I understand. Mayor Regalado: But it's not about one person. Chair Suarez: Right. So -- Mayor Regalado: But I'm saying -- Chair Suarez: -- let's do count -- point counterpoint. Mayor Regalado: -- I'm a City employee and I -- Commissioner Spence -Jones: That's not -- you're one person, Mr. Mayor. Mayor Regalado: I am -- Commissioner Spence -Jones: You're one person. I'm simply saying -- Mayor Regalado: Commissioner. Commissioner Spence -Jones: -- we got a department that already, you know, is dying. The morale of the people -- you know, you -- we cannot continue to cut their legs. We can't continue to do it. Mayor Regalado: Commissioner. Commissioner Spence -Jones: We got to be able to say at least take it -- Mayor Regalado: Commissioner. Commissioner Spence -Jones: -- to the employees. I mean -- Mayor Regalado: You have -- Commissioner, the City Commission has the ability to raise the taxes to the max. It's 10 mills. It's several million dollars. Maybe half of the problem is solved, but that's not the issue. I understand what you're saying, but what I'm telling you that we cannot afford -- and I said that once -- to kill the City to save the government. And this is not about the employees. This is about having a government that is sound and solid in terms of economy for the next 30 years. They're going to be here 30 years from now, 40 years from now, and we need to fix all the things that you are fixing in terms of RFPing (Request for Proposals), in terms of taxes, in terms of leases. So we are doing this. We are presenting to you a budget that is sound. It's a budget that is difficult for the employees, but at the same time, it's a budget that allows the people to work. In my office, 50 percent of the calls and requests are for people looking for jobs. There's a lot of people in the City of Miami that are looking for jobs and to have a job at this moment is important. This is not the only city that has this problem. Many cities have fired police officers, firefighters throughout the United States and even here in South Florida. What I'm saying to you is that what we have done is to work for the future, not just for this year. You say that we shouldn't do it this year. We could do it this year or next year we won't do it. But the problem is that that was the practice of the past that create those problems. We didn't create these problems because these problems are coming from many, many, many years ago. So we're trying to fix it. And I'm telling you that it's important, number one, to have a budget where no employees are lay off. We're proposing things with no furloughs and no employees, and maybe the unions will come to the table and work for and work with us. But to raise taxes will be the biggest mistake that this government can make in the last years. You cannot, you cannot in this economy keep raising taxes or fees. This Commission turned down a small raise in the Solid City of Miami Page 102 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Waste fee; was $15, was $.89 a day, and it did because, philosophically, it's what we needed to do at the time and it has worked. The point that I'm trying to make is that this is working. The philosophy of not raising taxes, of reducing expenses, keeping the workforce intact is working. This Administration is working for the future and the present and we have been able to deliver. And respectfully, I disagree with the union president and you that police officers don't want to work or they feel that they should leave. I have seen police officers throughout the City do an extraordinary work and they love it and they do it. And they are here for the long haul. Commissioner Spence -Jones: But -- Mayor Regalado: We're not. And all I can tell you, you know, I'm not going to change your mind, but you're not going to change mine. Commissioner Spence -Jones: That's fine. Mayor Regalado: And I believe that this is a good budget. I believe that this proposal sends a very clear message that we're doing the right thing in the City of Miami. And I ask you to support the Administration proposal of the millage. Chair Suarez: Commissioner Gort. Commissioner Gort: Danny, I have questions. Could you come up? My understanding, the debt service millage went down? Mr. Alfonso: Correct. The debt service millage went from .93 to .90. Commissioner Gort: If we changed that to the general, how much will that produce? Mr. Alfonso: If you only took that .03 to the general fund, that would represent $833, 000 to the general fund Commissioner Gort: Okay. My question is -- I don't know what the Commission's going to be doing here and I understand the people want us to increase the taxes, especially the unions and so on, and the public -- you want the residents to speak and I think I personally will be in favor of a -- put an increase right now, but I'm telling you, I'm not going to be sure that I'm going to do it come September. I just want to make sure. I want to address that. Commissioner Spence -Jones: That's a step up. Commissioner Gort: 'Cause my understanding is, when you do that, you give certain hope. But at the same time, the resident of the City of Miami will receive the package and tell them -- and they'll speak. They'll call us and they'll let us know if they're willing to pay or not. I mean, that's Commissioner Spence -Jones: Right. Commissioner Gort: -- something -- Mr. Mayor, I understand where you're coming from, but I think maybe this is an opportunity to give the residents to speak, yes, I'm willing to do it; I'm not willing to do it. Let the residents come up with it. Now, I also want to know when you come back, compare the tax payment that our residents pay compared to other municipalities, all right, 'cause I think that's very important. Because I also know a lot of people, young people that want to come, they don't buy property in the City of Miami because the taxes are considered very high and they go other places. I want to have that comparison also, okay. Mr. Alfonso: I can have that for you, Commissioner. City of Miami Page 103 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Thank you. Vice Chair. Vice Chair Sarnoff I don't think anybody up here would say that I'm a friend to any of the unions or I'm a friend to any of the employees. And I'm -- candidly, I was very impressed when we learned that from 2001 to 2010 the employees had taken 110 percent of the additional revenue that we had generated and I think we were out of whack for a while. But the question becomes like when you dip a towel in the bathtub and you start wringing it out, at what point is the towel no longer able to give you anymore water. And I just feel like we're close -- I actually think we're there. I think we have taken as much as we can take. I think -- I'm going to restrict myself to the safety personnel, Police and Fire. I look at the trucks, I look at the cars, and I'm beginning to look at the uniforms, and I'm just not sure that this is the city -- and I think it's an image, too, Mr. Mayor. I think it's an image of people driving modern vehicles and driving in a car that they feel good in and wearing a brand-new uniform and maybe getting a physical. I think it's statistically clear that the police officers pretty much only make it to 65 years old and I think fire is somewhat in that vein too. And I think there are still some structural problems, and that's why I only mentioned Police and Fire because, candidly, I've told you what I've said about the general employees. I don't quite have the same feeling. I can find private sector jobs for general employees that I have a different feeling about. But for Police and Fire, I can't find a parallel job for them to do. The private sector doesn't have a parallel job for them. And I want to leave us some flexibility. I want to leave us the flexibility -- and I may very well to say, you know what, let's just go impact. I've been through an impact hearing. I remember what a minute and 20 seconds felt like, guys. Chair Suarez: A minute and four. Vice Chair Sarnoff You know, I remember when I chaired that meeting, and it wasn't easy and it wasn't fun, but I did it. I think -- everybody wants to go, you know, principle, my principle. And I read things. I know things. I know that governments are laying off people left and right. I know it accounts for -- over 300,000 workers have been laid off in government and I understand that. And I just wonder if we're not approaching a tipping point with some of these employees. I wonder if -- at some point if -- and I'm not suggesting a pay increase for any of them. I'm not saying that at all. I want to make sure that we pay for police uniforms. I want to make sure we pay for police cars. I want to make sure that -- and the Fire Department trucks, they're getting old -looking, and I know we bought some with CDBG (Community Development Block Grant) money, but I'm beginning to think that we're looking a little thin in the City. And let me argue against myself for a moment. Ninety-four police officers down -- and we're going to address that on my blue page item -- and that argues against me because we allocated 94 positions, but we didn't fill 94 positions. And ifI allocate more money to deal with things, I'll still be those same 94 officers down because we couldn't fill those positions because of bureaucratic BS, you know. When you can't read a consent decree and there's no word higher in there and you let an employee tell you you can't do something, that is the fault, Mr. Manager, maybe not of your Administration, but you inherited that problem and we didn't react quickly enough. I have no idea what I'll do with regard to September, but I don't want to tie anyone's hands, and I realize I'm sending a little bit of a signal to the unions and I don't mean to signal you guys anything, but I'm open to the discussion, to the debate that maybe the towel is wrung as far as we're going to get it and I just think we should give ourselves the flexibility -- you know, it's going to be my district that's predominantly going to be paying a lot of this money, and I just think -- let's say the average home in District 2 -- I don't know that it's this high -- is $250 a year. Would I pay $250 a year to feel safer? I know I would. And I know there is -- Mr. Mayor, I don't know if it's a big morale problem, but I know there is a morale problem. You could see it. It's palpable. You feel it. These guys want to do their jobs, but there is some morale attendant to it. And I know I have been -- I'm a real believer that I think we needed to get our house in order before we went to the revenue side. But let me bring another part of the equation in here. I know the financial markets have been watching us very, very carefully and very, very closely. I know one of the City of Miami Page 104 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 financial markets when we even voted for something you guys all believed in -- and I'm not here to berate or get into it, but when we voted to have that special fund for parades, I know the financial markets actually called the CFO (Chief Financial Officer) and said something pretty negative about the City. And the financial markets want to see us at least show a willingness to work on the revenue side of the City's coffers. And I'm not going to say I can show you a financial analysis, and I certainly wouldn't try to challenge Commissioner Carollo to this, but if we go out to bond and need to bond, I could suggest to you that the financial markets might look more favorably upon the City of Miami if we just show a slight inclination to demonstrate that we're willing to go on the revenue side of the story, 'cause I know they're looking for cities to start doing that. I know this is not popular what I'm saying to the electorate. I know it's not a very popular thing. But I think if it's phrased properly -- and I think Spence -Jones pretty much phrased it properly -- are you willing to pay $5 extra a month for -- and here's the part I don't -- you haven't gotten me yet. Maybe the police can get me there. 'Cause if I'm 94 cops down now and I allocated those 94 positions, if I go the $5 extra a month, I haven't really done anything because I didn't get those cops on the street. So I'm not solving that problem, but in my mind what I am doing, I'm at least giving them -- the morale comes up, I'll be giving them new police uniforms, I should be giving them new police cars. The Fire Department should be getting new uniforms and new apparatus. And I'm -- I think that's a message I want to send at this point. Now it's tough to talk about principle 'cause principle -- getting into a man or a woman's principle, you know, you're getting into the core of that person. I could argue this dollar and cents either way very effectively. I could argue we should stick to what we've been doing and I could -- I think I'm arguing adequately, not maybe very persuasively, but adequately that maybe it's time we demonstrate a little deviation from something we've done. I -- I'm going to go back to the analogy and I'll close with that. I think we've wrung the towel as far as we can wring it, and I think it's time to show everyone, the citizens, the people who work with us and for us, and the financial markets that we're willing to look at a revenue side as well. Because if you look at the savings that the average person has received over those four years, it's a lot more than $60 a year, and I'm not going to doubt that there are people out there that need that $60. I'm not here to argue for or against that. But I think if somebody said, as -- if I could just spend $60 a year and somehow be told by the City I'm going to be a little bit safer, my garbage is going to be picked up a little more efficiently, and in the event something happens to me, I know that the Fire Department's going to be coming in a vehicle that's maintained, I think I'd make that bet. Commissioner Spence -Jones: Mr. Chairman -- Chair Suarez: Yes. Commissioner Spence -Jones: -- I just have one thing that I want to -- and that was well done, Commissioner Sarnoff You said it really well. Appreciate that. I just want -- because I don't -- regardless of whether or not -- you know, we work here -- up here as, you know, colleagues, but you know, we respect -- I don't ever want the respect to be lost between the Mayor and us, you know, because I'm sure that, for whatever reason, he's very passionate about, you know, why this shouldn't happen. But you know, several times, you know, I've heard, you know, in all of our discussions that we have on this dais how we like to retract back to the days that the other sitting Commissioners were not here, but really when Marc, myself and the Mayor were here and how the past Administration had made a lot of mistakes, and you know, I'm not saying that the past Administration didn't make any mistakes. We were part of those mistakes. But we have to remember -- and I think the Chairman said this maybe a few meetings back trying to make a point on whole another issue that the City was in a very different place then. We were projecting revenues, you know -- and revenues were coming in. The City was healthier then, you know. So -- you know, the decisions we made back then were decisions based upon the times we were in. And so I want to -- I had to address that because, you know, we keep saying that over and over again about, you know, mistakes we made and, you know, how we've made a decision about raising taxes and how that actually affected people and how they got laid off and some of that stuff is not quite how it was. And I'm going to say this, and I was -- I had it written down on my City of Miami Page 105 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 notes here, but Sarnoff kind of -- Marc kind of took it out of my mouth. It's like -- you know, I'm not sure what police officers and what firemen, Commissioner Reg -- I mean, Mayor Regalado is speaking to because I know for a fact that the morale is down in the Police Department. I know for a fact the morale is down in the Fire Department. I know for a fact the morale is down with garbage -- Commissioner Gort: General employees. Commissioner Spence -Jones: -- general employees -- or Solid Waste workers, I'm going to say. So I know that for a fact, you know. Every time I go out to a shooting scene, you know, every time I show up to an event that's happening in the neighborhoods and there's an officer there or a firefighter, you know, they're doing their job because they love what they do, but you can bet and believe that they're pulling me aside and saying, you know, we're afraid this is going to happen to us. And you just can't have people out there working for you that just feel like you're not even trying -- it would be a difference if we made a decision and then like you said, Commissioner Gort, we start getting crazy calls from, you know, our residents and they say, no, no, no, then we have to balance that out, you know. But we're making the decision with six people sitting in the room. I have a concern about that, I really do, especially when it's affecting the whole entire city, you know. Now, maybe September the -- when is it, the 13th is our next meeting? Maybe when we have that meeting, this may be a whole different conversation. Maybe we need to say to the -- to unions, you know, hey, look, if this is something we're going to make a decision on, you know, we'd like to see you guys -- help us put a message together to make sure the residents of the City of Miami at least understand, you know; send some mailers out. Let's get it out so they understand why we're making this decision. And if they come back and say, hey, we're not with it, then you at least know we tried. At least you know we tried, you know, and that's the part for me that just -- you know, it is painful because we sit up and we just everything else, you know, every reason -- because it's our own personal belief you know, and that's just not right. I don't -- you know, I don't -- it doesn't matter who you are. We got to be fair and we got to be just, and it can't be, you know, we're making decisions about our personal beliefs. It's just not right. I make decisions up here all the time, you know, on issues that I may not think they're the best issues maybe even for your districts, but you know, for whatever reason -- just like on -- the issue of you know, Burn Notice this morning. You had a room full of people. That could have clearly turned out to be something crazy, but I deferred to you on this issue because I know you understand your district and I want to respect you as the Commissioner of your district, you know. And every single -- not one of you guys can sit up here and tell me that the police and the fire and the employees have not come to you guys concerned about what's happening to them. Come on now. You know, so at the end of the day, you know, we can debate it -- and I think this was a healthy debate and I'm actually -- I am -- I'm thankful that we were able to have it, you know. So that's my viewpoint on the issue. Chair Suarez: Thank you. Commissioner Gort. Commissioner Gort: Yeah. One thing we -- I want to make sure that this gets to the public, that this gets to the employee because one of the major problems that we have is rumor mills. Commissioner Spence -Jones: Yeah, I know. Commissioner Gort: I mean, there's all kinds of rumors going around that they're going to take 50 percent, they're going to do this, they're going to do that. I just want to make sure that everybody gets the right information from both sides. I think that's very important. Commissioner Spence -Jones: Mr. Chairman, I just want to ask Danny to come back up really fast, and I think Commissioner Gort kind of hit on it and Commissioner Sarnoff kind of hit on it, but just -- Danny, based upon these numbers, you know, and we're talking about the millage from -- it seems like at least we do have somewhat of a consensus on, you know, the idea of we have City of Miami Page 106 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 up until September 13 to make a decision on, you know, cutting all the way back to where we were before or leaving it where it was. What would be your thought and recommendation --? Look at Danny's face, like don't do that to me, Michelle. What -- without putting you on the spot. Mr. Alfonso: Commissioner -- Commissioner Spence -Jones: Okay. Okay, okay, okay. Mr. Alfonso: -- Commissioner -- Commissioner Spence -Jones: Okay, okay, okay, okay. Mr. Alfonso: -- it is a policy decision of this Commission to set the millage. Commissioner Spence -Jones: You sound like Julie. Mr. Alfonso: Our proposal -- Commissioner Spence -Jones: You sound like Julie. Mr. Alfonso: The City's proposal is to -- Commissioner Spence -Jones: Do you have blond roots? Mr. Alfonso: -- go 7.571 -- Commissioner Spence -Jones: You got to have blond roots. Mr. Alfonso: -- mills. Commissioner Spence -Jones: Okay, I understand. I got the point. Okay. But Danny, then -- okay, let me ask a different way. Commissioner Carollo: Yeah. And real quick, how did you come up with that proposal? Mr. Alfonso: Commissioner, the proposal was arrived at because the directive that we had to prepare a budget was to not raise the tax rate, to not apply layoffs, to try to not impact the pocketbooks of our employees, and to not reduce services. The budget that we put together with the assumption of the savings that would be reached through our labor agreements does that, granted there is some impact to our employees on their pension plans, particularly in some copays, et cetera, on health. Commissioner Spence -Jones: So Danny, with -- let's ask the question a little differently. I don't know if you want to add to your question. I think you got your real answer. Can -- okay. So based upon what Gort just made a suggestion of what would that take the millage up, based upon Gort's suggestion? Mr. Alfonso: If this Commission decided to give itself some flexibility and increased the millage by half a mill, the overall millage would rise from 8.501 to 8.9710, and it would yield $13.9 million more to the general fund. Commissioner Spence -Jones: Ooh. And what would that mean to the citizens? Mr. Alfonso: To the average -- City of Miami Page 107 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: Property owners. Mr. Alfonso: -- homestead property owner, that would be $5 a month or $60 a year in their tax bill, given the property appraiser's current stated average homestead property value in the City of Miami of $118, 000. For a million dollar property, that's a half -- that's $500 a year or roughly $41 a month. Commissioner Spence -Jones: Wow. Okay. And in closing on this, Danny, what will that do to the overall budget? How would this assist in the overall budget? Because we have a gap of what? Mr. Alfonso: Forty million dollars. Commissioner Spence -Jones: Forty million. And this would give you how much towards that? Mr. Alfonso: Well, it would make negotiations certainly -- Commissioner Spence -Jones: But answer -- Mr. Alfonso: -- a little easier. It would -- first of all, when I say -- let me get back. Forty million dollars that we're looking at assume the absolute worst -case scenario, given GESE (General Employees and Sanitation Employees) and FIPO (Firefighters and Police Officers), et cetera. GESE and FIPO boards have already passed certain changes to their requirements that really can back off about $11 million off of that 40. We just haven't accepted it yet because we don't have anything in writing yet. Commissioner Spence -Jones: Right. Mr. Alfonso: So that would take that number roughly to about $29 million. Commissioner Spence -Jones: So -- Mr. Alfonso: Then -- I'm sorry, Commissioner. Commissioner Spence -Jones: Okay. Mr. Alfonso: -- there's an additional $4 million that if the GESE group, AFSCME (American Federal, State, County, and Municipal Employees) group agrees to can be reduced with no impact to the pension whatsoever, so that would take that number roughly to $25 million. This would be roughly $14 million, leaving about 11.2 -- call it $11.5 million left to negotiate with unions as to how to achieve a balanced budget. Commissioner Spence -Jones: I mean -- Commissioner Gort: What's the average tax paid by the homeowners at this time? Commissioner Spence -Jones: Just -- yeah. Mr. Alfonso: The average tax bill right now? Commissioner Gort: More or less, yes. Well, that's the information I'd like to have -- Mr. Alfonso: Yeah. Commissioner Gort: -- if you can have it today. City of Miami Page 108 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Alfonso: If the property values are going to be a hundred -- the average homestead property value being $118,112, for those homestead property owners, not doing this would have them pay roughly a city tax bill of $1, 000.53 per year. And if we went with a half a million extra, it would take it to $1,059.58, the average homestead property. Now if you have a million dollar warehouse, your tax bill is 8,471 and this would take your tax bill to 8,971. Commissioner Spence -Jones: And Mr. Chairman, I just want to say -- I don't know if it was you that -- I don't know if it was you. It might have been Gort or Sarnoff. So -- no, it was Gort. I'm sorry. So -- both of you guys. So the thought was September 13 would at least give us an opportunity to kind of in your mind Commissioner Gort, flush it out and then we still can go lower or we still can go back to where we were if we see that we have no -- if we're not able to make the --? Commissioner Gort: My understanding is we can always go lower. We cannot go higher. I think what it's doing and what we're asking the Mayor is to look -- let the people vote on this. I mean, they'll receive the tax bill in August and they'll be able to tell us, hey, I'm willing to pay this. I'm willing to stay in the City of Miami because I want to do this. They might call back says, look, I can't afford it. So we'll have to see. I think this is one way to allow the people to decide. Commissioner Spence -Jones: Yeah. Chair Suarez: Any further discussion? Is there a motion? Commissioner Spence -Jones: So moved. Chair Suarez: Moved what? You have to say what you move. Commissioner Spence -Jones: Oh. Commissioner Gort: (UNINTELLIGIBLE). Commissioner Spence -Jones: Huh? Chair Suarez: You have to specify what you're moving. Commissioner Spence -Jones: Oh. Whatever we move -- Chair Suarez: Are you moving the Administration? Commissioner Spence -Jones: I'm moving whatever Danny just said. Okay, Commissioner Gort, then you put it on -- Commissioner Gort: What's the present mill that we have here today? Mr. Alfonso: The proposed millage by the Manager and the Mayor and the proposed budget is 7.571 mills and .9 mills on the debt, meaning that the total millage proposed is 8.471. Mr. Martinez: Which is .03 less than what exists today. Mr. Alfonso: Correct. Which is .03 mills lower than the current millage in the City. Vice Chair Sarnoff So her motion would be to increase the mill to 8.971. City of Miami Page 109 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Alfonso: That is correct, and to apply the entire half a millage increase to the operating budget. Vice Chair Sarnoff Because you would need it for your -- Mr. Alfonso: I would need it on the debt service, correct. Vice Chair Sarnoff Correct. And that would not result in a full half mill. It would just be something like a .4 something. Mr. Alfonso: Correct. Chair Suarez: Is that your motion? Vice Chair Sarnoff I'll make the motion. Commissioner Spence -Jones: Okay, you make the motion because -- Chair Suarez: Okay. Commissioner Spence -Jones: -- I just have no idea what you just said. Chair Suarez: There's a motion by the Vice Chair. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second. Any further discussion? Commissioner Carollo: Yes, discussion. Chair Suarez: You're recognized, Commissioner. Commissioner Carollo: Thank you. Commissioner Spence -Jones: Now you got discussion after all of that? Commissioner Carollo: Hey -- Commissioner Spence -Jones: I'm just messing -- Commissioner Carollo: -- I got to see what you're putting on the table. Commissioner Spence -Jones: Okay, as long as you're going to take this presentation over to the (UNINTELLIGIBLE). Commissioner Carollo: Oh, now you want to limit the conversation. Now you want to limit the discussion. Commissioner Spence -Jones: No, I don't. No, I don't. Commissioner Carollo: Listen, I have a question. Is voting for this mean that we have voted for a tax increase, Madam City Attorney? Chair Suarez: Yes, you're recognized, Mr. Alfonso. City of Miami Page 110 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Alfonso: Thank you. Commissioner Carollo: Because -- Mr. Alfonso: Either way -- Commissioner Carollo: -- in essence, it doesn't go into effect. All it is is setting a cap. So -- because I know the mischief that could be -- how it could be spun real quickly. Is voting for this -- okay, is voting for this voting for a tax increase because, in essence, it does not go into effect? In essence, all we're doing is setting a cap and in September -- not even the first meeting of September -- in the second meeting of September -- because I think it needs two votes, correct? -- that's when we actually either raise the millage or reduce it or leave it as is. Is that correct? And I want it from our attorneys and Danny, whoever wants to chime in, because I want to be clear. If it's not going into effect, all we're doing is setting a cap or are we raising taxes? Mr. Alfonso: Okay. You're definitely raising the millage rate that will be put on trim and sent to the property owners. Commissioner Carollo: Right. Mr. Alfonso: There's no question about that. So if you're asking me are you moving forward a millage that is higher than current and higher than proposed, yes. If you're asking me is this a tax increase as defined by the state law, yes, but so would 7.571. So we're going to have to advertise a tax increase between the first and the second meeting in September whether we do this half a mill or we stay flat. Either way you're going to have to advertise a tax increase. Commissioner Carollo: How 'bout if we do what was proposed? Do we still have a tax increase on notice? Mr. Alfonso: As defined by state law, yes, you would advertise a tax increase between the first and second hearing in September, not right now. There is no increase yet having to be advertised because you haven't even voted a preliminary budget, which is what you do on September 13. Commissioner Carollo: So what you're telling me that even though the proposal, what was in our agenda, is a reduction of 3.54, it would still be a tax increase or a proposed tax increase? Mr. Alfonso: According to the state statute, the proposed 7.571 mills operating is a tax increase if that is still the rate September 13 when we do the preliminary budget, yes. Commissioner Carollo: So I don't get it. Regardless, if we reduce it -- Mr. Martinez: Either way, it's a tax. Commissioner Carollo: -- or we increase it, it's a tax increase. I don't get it. Mr. Alfonso: Commissioner, because we've talked about this last time. The State -defined computation for whether you have a tax increase or not is based on a comparison of your July 1 preliminary number of 2010 to the -- I'm sorry, 2011 to the July 1 preliminary number in terms of value of 2012. But the 2011 number has to be adjusted by the Value Adjustment Board. The Value Adjustment Board took our value down 5.4 percent and ultimately means that the State, as it defines it, by us having the same millage this year, we're having to advertise a tax increase, even if we keep the same flat millage. Commissioner Carollo: Right. But as the discussion was earlier, that we're going to reduce City of Miami Page 111 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 taxes by $3.54 [sic] -- Commissioner Spence -Jones: Forty-five cents. Commissioner Carollo: -- $3.45 -- it was still going to be a tax increase notice? Mr. Alfonso: While the overall rate of taxation would have gone down by .03, it would still have to be advertised as a tax increase by the City of Miami, yes. Commissioner Carollo: Either way? Mr. Alfonso: Either way, Commissioner. Mr. Martinez: Because the value of the properties went up. Commissioner Carollo: Oh, I understand it. I understand better than you think I understand it. I understand it. But -- Vice Chair Sarnoff. Well, we think you understand it. Commissioner Carollo: -- I just want to be clear because I -- you know, there was all this discussion that we were going to reduce our taxes and it was going to be by $3.45. Is that correct, $3.45? -- yet, it was still going to be a tax increase. And now, if we consider a cap to give us flexibility and to further look at it and, yeah, let the trim notices go out, let, you know, our residents speak about it, let us know and so forth, it's going to be the same tax notice, correct, except the amount will be a little different? Mr. Alfonso: Correct. Commissioner Carollo: And it would actually not be a tax increase, okay, because it has not increased our taxes. All it is was generated a paper that said if it's kept this way, this is what it's going to cost, but we have not increased taxes. Is that correct? Is that a fair statement? Mr. Alfonso: That is correct. The trim notice that is sent out to the homeowners actually says, as is proposed, this is the impact to you and your property tax bill. If there is no change, this is the impact. Commissioner Carollo: Okay. And let me be clear in that. "As is proposed," so that means that we're proposing this increase? Mr. Alfonso: If this Commission passes -- Commissioner Carollo: Because one thing is proposing, one thing is capping, so we're not -- you know, we're not -- what happens is, come September, all of a sudden, you know, we're -- Mr. Alfonso: Commissioner, it is clearly understood that the statute allows you to set a ceiling right now. We have to get this information to the property appraiser so that he has something to send to the residents. In September, in the first hearing, the Commission adopts a preliminary budget with a preliminary millage. At that point, then we are required to advertise whether that preliminary budget and millage is or is not a tax increase. The only way it would not be a tax increase is if we go to rollback. To go to rollback would require an additional $13.159 million of reductions beyond that which we have proposed in our budget. So instead of looking for 40 million, we'd be looking for 53.1, okay. So anything above that would have to be advertised as a tax increase after the September 13 meeting. Two weeks later we're going to have a final budget hearing. At which point, then this Commission will pass its final budget and then at that point, City of Miami Page 112 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 you definitely will have either an increase or not. Commissioner Spence -Jones: Mr. Chairman, I -- you finish? I just want -- Chair Suarez: Yeah. Commissioner Carollo: I got my answer. Commissioner Spence -Jones: Okay. I just have one -- Chair Suarez: Sure. Commissioner Spence -Jones: Can -- Armando, can you come to the mike for a second, along --? Mayor Regalado: Can I say before -- Commissioner Spence -Jones: Sure. Mayor Regalado: Just to -- Commissioner Spence -Jones: No problem. -- Robert. Mayor Regalado: -- so you can get the technical advice, there is a motion but it's no second, right? Chair Suarez: Yes, it's been seconded I believe. Commissioner Spence -Jones: No, we haven't seconded it. Chair Suarez: It was moved by the Vice Chair and it was seconded by Commissioner Spence -Jones. Commissioner Spence -Jones: Yeah. He just had questions. Mayor Regalado: Right. And the motion -- Chair Suarez: And the motion is to increase the millage rate by half a point. Mayor Regalado: Right. And the motions contains -- Chair Suarez: For purposes of advertisement. Mayor Regalado: Right. Then -- well, for the motion -- for the purpose of the trim notice. Chair Suarez: Correct, for purposes of the trim. Mayor Regalado: And the motion contains a tax increase. Chair Suarez: Correct. Mayor Regalado: Hopefully, there will be a vote and, hopefully, there will be different votes in the Commission. You need Danny to explain what is the consequences if, by Monday, I will veto this. He has to send a trim. But I understand that the Manager has the authority to send to the property appraisal [sic] a flat millage, which is what we are proposing here. That's my understanding. City of Miami Page 113 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Carollo: Hold on. You didn't -- what was proposed was not a flat millage. What was proposed was a lower millage. Mayor Regalado: Because of the -- because of -- yeah, flat on the operational, but it is -- Commissioner Carollo: Lower. Mayor Regalado: -- lower on the debt. But this is a proposal that could be sent by the Manager to the property appraisal [sic] for the trim ifI veto this resolution. Commissioner Spence -Jones: And in order for your veto to be effective, you need to have at least -- we need at least four votes in order for the veto -- I just want to be clear. Madam City -- Mayor Regalado: Ask the City Attorney. Commissioner Spence -Jones: Okay. She's answering that question -- Mayor Regalado: Madam City Attorney. Commissioner Spence -Jones: While she's doing that, I just want to -- just real fast since I have y'all standing. Can I ask this quick question of you, Armando -- Armando Aguilar: Sure. Commissioner Spence -Jones: -- and Robert and -- all three of you. If we make this decision today, do we have your commitments to at least help us get the message out to the general residents of the City of Miami of what this -- assist us with getting the message to them about why we're doing this or this --? Mr. Aguilar: Absolutely, Commissioner. As a matter of fact, I'm in front of cameras more than I would like to have been, and I will make sure I hit all the radio stations and -- Commissioner Spence -Jones: That's my point. Mr. Aguilar: -- the TV (Television) stations, TV shows, and address this issue. Andl really appreciate the fact that some of you have taken a leadership role in this and at least met us halfway, which is all we've been asking for. Commissioner Spence -Jones: Okay. Robert, I want you to put on the record. Mr. Suarez: Robert Suarez, Miami Association of Firefighters. Absolutely, Commissioner. As Armando states, the conversations we've already had with the media, much of -- many of which understand the issue that's been going on here in the City and I think there -- it's really not that difficult to explain to the media and to the citizens how deep the cuts have been in the City and that this can't continue forever, and that what the Commission is doing here is to try to keep this ship from sinking, and absolutely, you have our commitment to continue that message. Commissioner Spence -Jones: Wonderful. GSA (General Services Administration) [sic]. Mr. Hatten: Anthony Hatten -- Commissioner Spence -Jones: General -- I'm sorry. Mr. Hatten: -- union president, Local 1907. Yes, you'll get all full cooperation from the general employees to get the message out and to let the citizens know that, you know, this is necessary to City of Miami Page 114 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 keep the City running at its best because we're so short staffed, it's not funny. Thank you. Commissioner Spence -Jones: Thank you. Chair Suarez: Thank you. Commissioner Gort: Okay. At the same time, I want a commitment that we're going to continue to work -- Commissioner Spence -Jones: Yes. Commissioner Gort: -- with the -- and see what can -- we can come up with. Commissioner Spence -Jones: Yes. Commissioner Gort: Because at the same time, let me tell you, we have to look at the future, we have to look at new employees that are going to be coming into the City of Miami. A lot of them might not be able to receive the benefits that were received in the past, so I think it's important that -- we're looking not only at the budget this year; we look at the budget for the next five years. Commissioner Spence -Jones: Yeah, we got to work together. Commissioner Gort: And Mr. Mayor, I think we really need to analyze the decisions we take because if you veto this, my understanding, it goes to a rollback millage. Mayor Regalado: No, it doesn't. The Manager has the authority to send -- Commissioner Spence -Jones: Madam City Attorney. Mayor Regalado: -- the -- Commissioner Spence -Jones: She's shaking her head. Veronica Xiques (Assistant City Attorney): Commissioners, if the Mayor were to institute a veto, then we go to rollback rate. The Manager does not have the authority because the City Commission -- Chair Suarez: Right. Ms. Xiques: -- is the only body -- Mayor Regalado: Wait, wait, wait, wait. Ms. Xiques: -- that has the power -- Mayor Regalado: Danny just talked to the property appraisal [sic] this afternoon and he says otherwise. That's why I said that. I wouldn't -- Mr. Alfonso: We're trying to confirm that information. The City Attorney is talking to the deputy property appraiser right now. There's some question as to exactly what the statute says. Commissioner Spence -Jones: But what -- so I'm clear, Madam City Attorney, it's still four votes, right? City of Miami Page 115 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Ms. Xiques: No. The current proposal from the Administration is a three vote. It requires -- the normal -- Commissioner Spence -Jones: Oh, I see. Ms. Xiques: -- three person vote. Now, if you wanted to go and access and it's 110 percent overall back rate, then you need a unanimous vote, but we're not doing that. Mr. Alfonso: No. Vice Chair Sarnoff. Wait, wait, wait. I think you guys -- can I kind of lay it out for you? Because it takes three Commissioners to set the rate. The Mayor, should he exercise his veto on Monday, we would then have the right to come back in and try to override that veto. Ms. Xiques: Correct. But the problem with that scenario is that the veto override happens at the next regularly scheduled meeting. Vice Chair Sarnoff And we could not -- Ms. Xiques: You cannot call a special meeting -- Vice Chair Sarnoff -- wait, wait, wait, wait, wait. Three Commissioners could not call for a special meeting? I don't think the Chair would, but if three Commissioners wouldn't call for a special meeting? Ms. Xiques: You cannot override a veto at a special meeting. Vice Chair Sarnoff. Oh. Ms. Xiques: It has to be at the next regularly scheduled -- Vice Chair Sarnoff That I didn't know. Ms. Xiques: -- meeting. Vice Chair Sarnoff Okay. Chair Suarez: Okay. So -- Vice Chair Sarnoff. Couldn't the Mayor just issue like a strong letter of reprimand against this? Mayor Regalado: No. Chair Suarez: Okay. Mayor Regalado: I said that I'm -- you know, I understand but I think that this Commission has done the right thing for the last years, and I think that we are on the right path, and I really believe that it's my duty to use the power of the veto should the Commission approve this rate increase. Chair Suarez: Thank you. Mayor Regalado: I really do. And I will. Chair Suarez: Thank you, Mr. Mayor. City of Miami Page 116 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: Okay. Mr. -- I just want to get clarity from the Administration on this issue. I see Julie and I see the budget person trying to work out the situation. It just -- it would be just nice if we could all work together on this issue. Vice Chair Sarnoff But could we do this. Commissioner Carollo: Mr. Chairman. Vice Chair Sarnoff. Could we do an alternate motion that in the event the Mayor vetoes this motion, that we would then set the rate at the flat rate? Is that allowed, Madam City Attorney? Ms. Xiques: I'm sorry. Can you repeat that? Commissioner Carollo: Mr. Chairman. Commissioner Spence -Jones: Or could we -- can we recess on this item after we vote? Chair Suarez: After we vote? No. We better recess before we vote because we got to figure out what we're doing -- Commissioner Spence -Jones: Okay, can we recess on this item -- Chair Suarez: -- before we vote. Yes, we can. How much time does everyone need to make sure that everybody's on the same page here? Vice Chair Sarnoff Wait, wait, wait. Commissioner Spence -Jones: No, no. I don't need -- Mayor Regalado: No, no. What she's saying -- Vice Chair Sarnoff I think -- Mayor Regalado: No, no. What she's saying -- Vice Chair Sarnoff I'm being told -- Mayor Regalado: -- is that you don't close the meeting and then -- because you can only override a veto -- that's what I think she's saying. Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff I think, Mr. Chair, if you gave us a five-minute recess, both sides -- Chair Suarez: That we can work this out. Vice Chair Sarnoff -- of the Administrations might get together and we might get a better answer. Chair Suarez: Okay. Commissioner Spence -Jones: Okay. Commissioner Carollo: In the meantime, can we move on to the other RE (Resolution) items? City of Miami Page 117 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Ms. Xiques: Commissioners, I'm sorry. Chair Suarez: That's fine. Ms. Xiques: I wanted to correct something that I stated before. The Clerk has just brought us the Charter and it does say that the City Commission may, at its regularly scheduled or special meeting after the veto occurs, override that veto by a four -fifths vote -- Commissioner Spence -Jones: So we could -- Ms. Xiques: -- of the City -- Commissioner Spence -Jones: -- have a special meeting? Ms. Xiques: For you -- Vice Chair Sarnoff I suspect -- Mayor Regalado: You can have a special meeting. Vice Chair Sarnoff Now remember how you set a special meeting. It's going to take then three Commissioners to call for that meeting. Mayor Regalado: No. It's -- Priscilla A. Thompson (City Clerk): No. Mayor Regalado: The Chairman or myself can call for a special meeting. Chair Suarez: No, I think three Commissioners can as well. Commissioner Spence -Jones: And I'm sure the Chairman would support us having a special meeting. Vice Chair Sarnoff I don't suspect the Mayor will be calling a meeting. Commissioner Spence -Jones: But we -- Vice Chair Sarnoff I sort of suspect the Chairman won't be calling a meeting. I believe -- and I need this confirmed -- three Commissioners -- Chair Suarez: I'm fairly certain you're right about that. Vice Chair Sarnoff -- can call for a meeting. Yeah. Chair Suarez: I'm fairly certain you're right. Because, in fact, I remember getting an e-mail (electronic) from Commissioner Carollo -- Vice Chair Sarnoff I remember you guys doing that. Chair Suarez: -- at one time -- Vice Chair Sarnoff Yeah. City of Miami Page 118 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: -- on that so. Commissioner Carollo: Right. Commissioner Spence -Jones: So how do we resolve it? Chair Suarez: How do we want to resolve this? Mayor Regalado: You vote. Chair Suarez: Yeah. I mean -- Commissioner Spence -Jones: Yeah, we vote. But the question is can -- if the veto happens -- Chair Suarez: I think the issue here is -- Commissioner Spence -Jones: -- can -- Chair Suarez: As follows. I don't know if there's a legal mechanism. If we vote to impose a half a mill advertising rate and the Mayor vetoes it, that I think the question that has not been answered is does it go to the rollback -- do you have to go back to the rollback? In which case -- Mr. Martinez: Rollback is worse. Commissioner Spence -Jones: We can't have that. Chair Suarez: I understand. Vice Chair Sarnoff Rollback, rollback. Chair Suarez: That's what I'm trying to say. I'm framing the question -- Commissioner Spence -Jones: Please, do not kill Johnny over there, okay. Chair Suarez: I'm not. I'm framing the question. Commissioner Spence -Jones: Fire -rescue will not take him to the hospital. Chair Suarez: I'm framing the question. I'm framing the question. I'm framing the question. I'm framing the question. I think the question is if the Mayor vetoes it, does -- are you obligated or is the Administration obligated to advertise the rollback rate? In which case we cannot go above the rollback rate. Or as the Mayor indicated, can you advertise the flat rate? Vice Chair Sarnoff Well, here's the -- Commissioner Gort: Listen, listen -- Vice Chair Sarnoff Wait, wait, wait. Commissioner Gort: Wait a minute, wait a minute. Commissioner Carollo: Let -- Commissioner Gort: This is very simple. If they apply the rollback and the trim, in September we can go -- City of Miami Page 119 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Carollo: No. Vice Chair Sarnoff No. Commissioner Spence -Jones: No. Vice Chair Sarnoff. We can't. Commissioner Gort: No, not at all. Okay. Vice Chair Sarnoff Right. So here's all options. Option one, we vote for this. Commissioner Spence -Jones: Yes. Vice Chair Sarnoff The Mayor says he will veto it. I don't think the Chairman will call a special meeting. Commissioner Spence -Jones: Okay, but -- Vice Chair Sarnoff Wait, let me finish. Commissioner Spence -Jones: Okay. Vice Chair Sarnoff Three Commissioners call for a meeting, okay. We then reconvene sometime next week. Commissioner Spence -Jones: Okay. Vice Chair Sarnoff.- Alternative to that, can -- and this is a question for either the Clerk or the City Attorney -- we have a motion that says in the event the Mayor has vetoes this rate -- this mill rate, then we pass the following resolution? So it is a subject to. Subject to the Mayor's veto, can we do that? Julie O. Bru (City Attorney): You know -- Vice Chair Sarnoff That would be wisdom. I doubt we have that wisdom. Ms. Bru: Commissioner, I -- you know, it's not a routine resolution. It's not how we normally take legislative action, and I don't understand because if the Mayor's telling you I'm going to veto it, what's the point in doing an alternative resolution? He's telling you he's going to veto it. Vice Chair Sarnoff Well, then you're saying -- well, actually, you're actually taking away from freedom of speech. Commissioner Spence -Jones: Yeah, I know. Vice Chair Sarnoff So -- Commissioner Spence -Jones: yes. Vice Chair Sarnoff. -- I would say to you, Madam City Attorney, my way of doing it at least expresses some speech, and that is, I'm merely trying to convenience everybody that in the event the Mayor exercises a veto, I don't want to go to a rollback rate. City of Miami Page 120 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: I don't know. Can you pass a conditional resolution like that? Ms. Bru: To be honest with you, I don't -- I haven't seen something that prohibits that. It's just a very unusual way of conducting your legislative business. You make a decision and your decision is this is what the proposed millage rate is, but in the event that this happens, then this is what we're voting on. I mean -- Chair Suarez: Wouldn't that impair the right of the veto? I mean, what's the point of having a veto then if you can just --? Vice Chair Sarnoff No. Why would it impair the right of veto, because then he can veto that one? Chair Suarez: But -- no, no. Ms. Bru: And then -- Vice Chair Sarnoff. Why does it impair the right of the veto? Ms. Bru: -- the Mayor would be vetoing part of the resolution? Chair Suarez: No, no, no. I -- Vice Chair Sarnoff I don't know. Chair Suarez: -- actually kind of understand what you're saying. Vice Chair Sarnoff Yeah. The Mayor could veto what we're taking the action then -- Chair Suarez: I don't know if it's legal, but I know what you're saying. Vice Chair Sarnoff Well, let me put it out there. In Oregon, other places, they say I vote for Commissioner Suarez, but my second vote would be for Commissioner Carollo. Because they go -- they don't -- they want to have 50 plus 1 percent, but they want to have one vote. So it's -- this is done. Chair Suarez: The primary and the runoff in the same -- Vice Chair Sarnoff Right. Mayor Regalado: I think -- Vice Chair Sarnoff This -- Mayor Regalado: -- Commissioner Sarnoff makes sense, what he's saying. I believe -- Vice Chair Sarnoff And you know what, we'll come back -- Mayor Regalado: Because you know that I will -- on Monday I will be issuing a veto message for the raise of the half a mill. Then you have an alternative, if that is permissible by the City Attorney. I'm just saying, if not, the Manager has to send the rate as stated here to the property appraisal [sic]. Chair Suarez: Can I make a -- City of Miami Page 121 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mayor Regalado: But there is no doubt that I will proceed with the veto. Chair Suarez: No. I'm sure there's no doubt. Commissioner Spence -Jones: Okay. Can I just ask this question? Chair Suarez: I think -- Commissioner Spence -Jones: And I just want to know this from Madam City Attorney. So the whole purpose of the veto is, at the end of the day, even if we decide it's something that we want to do up here as a group and he decides he doesn't want it to happen, are you saying that it won't happen? Ms. Bru: There is a procedure for this legislative body to take action. There's a procedure for the Mayor to -- Commissioner Spence -Jones: Right. Ms. Bru: -- override the action, and then there's a procedure for this legislative body to ultimately override the Mayor's override. Commissioner Spence -Jones: That's what I wanted to understand. Ms. Bru: Commissioner Sarnoff is suggesting because of the time constraints that we have and the fact that the property appraiser has to receive the proposed millage rate and the fact that he's uncertain as to whether or not there would be a special Commission meeting called, he wants to assure that, at a minimum, the flat rate would be communicated to the property appraiser. So what he is suggesting is a rather unusual mechanism, but I can't tell him that it's prohibited that this Commission approve the millage rate that has been discussed here with a slight increase; have a section in that resolution that says in the event that the Mayor vetoes that proposed increase, this Commission then is instructing the Manager to submit to the property appraiser a flat rate. That's what he's suggesting. I can't tell him that that's illegal, prohibited, or that that wouldn't work; and I'd like to ask Danny if he would be okay with that because he's the one that communicates with the property appraiser. I mean, I think that that would be okay, right? Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: I don't like the !think." Commissioner Spence -Jones: Yeah, I know. Commissioner Carollo: So, realistically, can we just move on to the next resolution, let them figure it out, and then come back to us in, I guess, 15 minutes or so, but in the meantime, we keep working and we look at some other of these resolutions? I mean, we have Charter amendments. This one, elections, which is next, which is supposedly going to save $1.5 million. So can we just keep working and you guys figure it out? Ms. Bru: Can I explain this a little better because I just had a conversation with Lazaro from the property appraiser's office. The property appraiser's not going to care about the form of the resolution that we send. What the property appraiser just wants to get is the form that gets filled out, signed by somebody. He doesn't know who has the authority in the City to sign it. That's what my business is, to determine who has the authority. I believe that it's this Commission who has to instruct the Administration as to what the proposed rate is. How you instruct this City of Miami Page 122 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Administration what the proposed rate really is up to, I think, you know, the Commission. If you want to do it in form that Commissioner Sarnoff is suggesting, as long as that authority is given to the Manager, I think that would be appropriate. Vice Chair Sarnoff I'm going to ask to call the question on the first one and then I'm going to make a motion on the second one. Chair Suarez: All right. There's a motion. Can we -- and second -- Commissioner Spence -Jones: I thought we had a motion. Commissioner Carollo: Mr. Chair. Chair Suarez: That's what I said. Vice Chair Sarnoff No, no. Call the question on the first one. Chair Suarez: Yes. Commissioner Carollo: Hold on. Mr. Chairman, you know, all this Pthink'fs not very good. I strongly suggest that they figure it out so it's not P think'before I take this vote, you know, and that's my recommendation. Chair Suarez: I have no issue with that, whatsoever. Commissioner Carollo: Okay. Commissioner Spence -Jones: Okay. And then my question is we -- they have up until August 3 to let them know. Commissioner Carollo: I don't need to know that. Until when do you have to give trim notice? Commissioner Spence -Jones: He said August 3. Mr. Alfonso: August 3 we have to submit our information. Chair Suarez: We have plenty of time. It's the 26th. Yeah, if he vetoes on Monday and the City Commission convenes the next day -- Vice Chair Sarnoff And I could -- Chair Suarez: -- and overrides the veto -- Vice Chair Sarnoff -- give you one more safeguard on this. I could then pull three Commissioners and ask for a -- Chair Suarez: That's what I'm saying. Vice Chair Sarnoff -- special meeting -- Chair Suarez: Right. Vice Chair Sarnoff. -- on next Wednesday. Chair Suarez: Of course. City of Miami Page 123 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Vice Chair Sarnoff In the event the City Attorney says, you know, Commissioner, I researched, and the state of Alaska had this once before, and I think it's persuasive authority that you can or can't do this. So I know you're not going to come up with the answer because there is no answer. Chair Suarez: There is no answer. Vice Chair Sarnoff Right. Chair Suarez: There's no precedent. Vice Chair Sarnoff And I -- Chair Suarez: And I think -- Vice Chair Sarnoff -- by the way, there's nothing wrong with cutting edge. Chair Suarez: And by the way -- no. I think there's a charter -mandated process and to deviate from that I think is dangerous. The charter -mandated process for legislating and then vetoing legislation,x then overriding vetoes is set forth in the Charter. So to create kind of some vehicle that is, you know -- Vice Chair Sarnoff So you think we have to come back and then -- Chair Suarez: I mean, we have the time. We might as well follow the Charter. You know what I mean. Commissioner Carollo: Unless -- realistically, the Mayor has ten days. He doesn't have to veto that Monday. Vice Chair Sarnoff But then what -- Mayor Regalado: No. But I would not put the City in harm's way nor this Commission. What I said to you is that on Monday, so there is plenty of time for the Commission to reconvene and for Danny to send the trim notice. What I would never want to do is just to let it lapse and do it on the ninth day so they go to rollback and that will be -- Commissioner Spence -Jones: That's detrimental for the City. That hurts the City. Mayor Regalado: That's worse. So what I'm saying to you is that, you know, if you take action, and you should this moment with whatever motion there is, I would issue a veto message on Monday and then you can reconvene the City Commission on Tuesday with 24-hours' notice or Wednesday. Vice Chair Sarnoff. Well -- Mayor Regalado: And you still have time for the budget director and the Manager to communicate to the property appraisal [sic] the information. Vice Chair Sarnoff I still think -- don't want the employees to hear this -- that was a brilliant motion for the alternative but it doesn't seem to be impressing anyone. So I'm going to make -- I'm going to table the motion that's on the table for right now and ask that we reconvene on August 1 at 9 o'clock. Commissioner Carollo: I may not be in town August 1 so can we do it --? City of Miami Page 124 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: Can we do it on the 31st? Chair Suarez: June 3. Vice Chair Sarnoff Tell me when you're going to be in town. Chair Suarez: June 3. Commissioner Spence -Jones: Can we do it on the 31st? Commissioner Carollo: Thirty -- yeah, 31st. Chair Suarez: There's no 31st. Vice Chair Sarnoff Tell you what, I don't mind that I have to tell the judge I can't be there. That's okay. Chair Suarez: The 30th? Commissioner Spence -Jones: Thirty-first? Vice Chair Sarnoff The 31st is Tuesday, right? Chair Suarez: Thirty. Commissioner Spence -Jones: Yeah. Mayor Regalado: Tuesday. Vice Chair Sarnoff I'll be there at 9 o'clock. Commissioner Spence -Jones: Okay. Where we're doing it? Commissioner Carollo: Tuesday, 9 o'clock. Vice Chair Sarnoff So we're setting a special City Commission meeting to -- go ahead. Ms. Thompson: If you are going to recess, then you don't have to -- Commissioner Spence -Jones: You're just recessing it to. Ms. Thompson: Right. Vice Chair Sarnoff So we -- Ms. Thompson: So you're going to continue this meeting. Is that what you're -- tell me -- is that what you're trying to do? Chair Suarez: No. I think he's trying to set a special meeting date. Vice Chair Sarnoff I am. Chair Suarez: Right. City of Miami Page 125 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Vice Chair Sarnoff So that -- Chair Suarez: And you have three Commissioners that will agree to a special meeting date of that time -- Vice Chair Sarnoff Right. Chair Suarez: -- then you can set the special meeting date. Isn't that correct? Vice Chair Sarnoff I was -- Mayor Regalado: But if you recess -- if you don't re -- if you recess this meeting -- Chair Suarez: Right. Mayor Regalado: -- you can say as Chairman that you're going to reconvene on Tuesday at 9 a.m. and you can -- you don't have to advertise a sole item, which will be the millage, if there is something else that is left here, you can do it. This is what I think the City Clerk is saying. We have done that in the past. We have done that many times during budget times of recessing -- instead of closing the meeting, recessing the meeting to come back on Tuesday at 9 a.m. By then -- and this -- but first, you'll have to vote on this resolution. First, you have to vote on this -- Vice Chair Sarnoff I get it, I get it. Mayor Regalado: -- increase. Vice Chair Sarnoff Correct. Mayor Regalado: Because if you wait for Tuesday to deal with this, then I have to veto it on Wednesday and then there is no time. Vice Chair Sarnoff No, no, no. I agree. But -- so do we have to announce that we're recessing this meeting until Tuesday, August --? Chair Suarez: When we finish the meeting, we can recess it. Mayor Regalado: No. Vice Chair Sarnoff So that -- Mayor Regalado: When you finish, he has to recess. Vice Chair Sarnoff Okay, I got you. Ms. Bru: Commissioner -- Vice Chair Sarnoff All right, so now -- Commissioner Spence -Jones: Okay, we got clarity? Ms. Bru: No. Commissioner, your intent is to vote on the item today -- Vice Chair Sarnoff Correct. Chair Suarez: Right. City of Miami Page 126 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Ms. Bru: -- but leave yourself the opportunity to meet next week. Vice Chair Sarnoff Correct. Commissioner Spence -Jones: Next -- Ms. Bru: It cannot be recessed because the override of the veto has to be at a special meeting -- Vice Chair Sarnoff That's what I thought -- Ms. Bru: -- or at the next -- Vice Chair Sarnoff. -- Madam City Attorney. Ms. Bru: -- regularly. So it has to -- Vice Chair Sarnoff That's what I thought. Ms. Bru: -- be a special meeting. Chair Suarez: That's what I was saying, just set a special meeting. Vice Chair Sarnoff Yeah, I agreed with you. I -- Chair Suarez: Right. Vice Chair Sarnoff So let me go back to my originally stated motion. I am asking another Commissioner to join me in asking to set a special meeting on August 31 -- Commissioner Spence -Jones: August 31? Chair Suarez: Wait, wait. Vice Chair Sarnoff No, July -- I'm sorry -- July 31 -- August 31? Are there 31 days in August? Mayor Regalado: Too far. Vice Chair Sarnoff On July 31 at 9 o'clock. Commissioner Spence -Jones: Second. Or just -- I don't have to say second. I join you. Chair Suarez: You don't have to say second. Vice Chair Sarnoff. No, we do. We need -- I think three Commissioners have to do this. We're not the Chairman and we're not the Mayor. Commissioner Spence -Jones: We just did it. You got three. Vice Chair Sarnoff Oh, is there a second? Commissioner Spence -Jones: I just second. Vice Chair Sarnoff. Well, he's got to call -- City of Miami Page 127 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: It's not about a first and a second. It's three. Commissioner Spence -Jones: You're right. Chair Suarez: One, two -- would you like to come to a special meeting on -- what day is it? At what time? Commissioner Spence -Jones: Next Tuesday. Vice Chair Sarnoff July 31, 9 o'clock. Chair Suarez: July 31 at 9 o'clock. Would you agree to call a special meeting on that day? Okay, he has to check on his calendar. Commissioner Spence -Jones: Oh, my God. I think he just said yes. Frank, didn't you say you can come on Tuesday at 9 o'clock? Commissioner Carollo: Yes. Commissioner Spence -Jones: Thank you. Vice Chair Sarnoff All right. So is that -- so now all in favor? Commissioner Spence -Jones: Yes. Aye. Commissioner Carollo: No. Whoa, whoa, whoa. Chair Suarez: Wait, wait, wait. Vice Chair Sarnoff We need three Commissioners to set a special meeting, right? Chair Suarez: You don't have to vote on it. You just have to declare it. Vice Chair Sarnoff You don't think so? Chair Suarez: No. You don't have to vote on it. Commissioner Spence -Jones: Madam City Clerk -- Vice Chair Sarnoff. Wait, wait, wait. I want to -- Commissioner Spence -Jones: -- what are you saying? Vice Chair Sarnoff I want to make sure we don't have to vote on this. Commissioner Spence -Jones: Madam City -- Chair Suarez: To set a special meeting, you don't have to vote on it. Ms. Thompson: Okay. Commissioner Carollo: Is the reason why we -- Chair Suarez: (UNINTELLIGIBLE) recess. City of Miami Page 128 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Carollo: -- don't recess and -- Vice Chair Sarnoff Yeah, there is. Commissioner Carollo: -- work this out? Chair Suarez: (UNINTELLIGIBLE). Vice Chair Sarnoff There is a reason. There is a reason we don't. There is a reason not to recess. Chair Suarez: Wow. Commissioner Carollo: No, no, no. I'm saying -- Chair Suarez: Right now. Commissioner Carollo: -- is the reason why we don't recess right now, work this out, and then --? Vice Chair Sarnoff Because it's not going to get worked out. Commissioner Spence -Jones: It's not going to get worked out. Vice Chair Sarnoff And we know it's not going to get worked out and I just assume -- it's not going to get worked out, Frank. They don't know the answer to the question because there is no answer to the question. Chair Suarez: Vice Chair, Vice Chair. Commissioner Carollo: But how can we vote if --? Chair Suarez: Three Commissioners -- wait -- has stated on the record that they will attend and they will agree to the calling of a special meeting on -- Vice Chair Sarnoff July 31. Chair Suarez: -- July 31 at 9 a.m. I think that is sufficient to comply with the Charter. Vice Chair Sarnoff I want to hear from the Clerk that that is -- Ms. Thompson: Except you need to state the call of the meeting. What are you going to discuss? Chair Suarez: The call of the -- Vice Chair Sarnoff. To address the millage rate -- to establish the millage rate for the City. Yes. Chair Suarez: And potentially address what is potentially a mayoral veto. Commissioner Gort: No, no. Vice Chair Sarnoff No. I think if you just say to establish a millage rate of the City -- Commissioner Spence -Jones: Frank, Frank, come on now. We got to handle this. City of Miami Page 129 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Vice Chair Sarnoff -- it gives you the option. Commissioner Spence -Jones: Come on, we got stuff to do. Come on now. Got to deal with these other Charter -- come on, let's -- it's business. Let's take care of it so we can be done with it. Commissioner Carollo: I know it's business, but if no one really knows (UNINTELLIGIBLE) -- Commissioner Spence -Jones: I know, but he -- but don't walk out on your colleague. He's trying to explain it to you. Go ahead. I'm sorry, Marc. Vice Chair Sarnoff Look, all we're doing here is we're doing the safest possible thing we can do. We're not going up with my alternate motion, we're not doing any of that stuff which was brilliant by the way, but we're literally just anticipating what the Mayor says he's going to do. Commissioner Spence -Jones: To do. Vice Chair Sarnoff And then what we're making sure we do -- well, I don't know what you guys are going to do on that day, but I'll be voting then for a flat mill rate. Commissioner Spence -Jones: Right. Commissioner Carollo: And by the way, this is why I wanted to have this discussion much earlier and I kept saying why are we skipping this, why are we going to other items. Commissioner Spence -Jones: I know it. I know. Commissioner Carollo: That is the -- Commissioner Spence -Jones: And I just -- Commissioner Carollo: -- reason why I was doing it. And now all of a sudden -- Vice Chair Sarnoff And Commissioner Spence -Jones is saying -- and so we're sticking to it -- so all right, do we need a -- do we think we need a resolution? Can't hurt, guys. Commissioner Spence -Jones: I know, to have the discussion. That's -- yeah. Vice Chair Sarnoff. No. It can't hurt to resolve to have the meeting on Wednesday. It make -- on Tuesday, excuse me, the 31st. It makes sense. It's a precaution. So I'm going to -- Chair Suarez: I'll be there. Vice Chair Sarnoff Mr. Chairman, with your permission, all in favor for a meeting on July 31 -- Commissioner Spence -Jones: At 9. Vice Chair Sarnoff -- at 9 o'clock to discuss millage, please say Eye." The Commission (Collectively): Aye. Vice Chair Sarnoff All opposed? Boy, that's as safe as it gets. I'd like to -- Mr. Chair, I'd like to bring back my motion to establish the mill rate at the previously established motion. Chair Suarez: Okay. City of Miami Page 130 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Vice Chair Sarnoff And I'd like to call the question. Chair Suarez: Okay. I'm not so sure that works, but we'll go with it. There's a motion by the Vice Chair. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. Roll call, please. Commissioner Carollo: What's the motion? Chair Suarez: The motion is -- Commissioner Spence -Jones: His original motion. Chair Suarez: -- as he previous -- his original motion that he tabled. Vice Chair Sarnoff Right. Chair Suarez: Right? So it is to set the millage at --? Vice Chair Sarnoff Eight point nine seven one. Chair Suarez: Okay. For purposes -- Vice Chair Sarnoff Am I right, Mr. --? Chair Suarez: -- of the trim notice. Roll call, please. Ms. Thompson: I'm sorry. Was not part of that motion -- did that -- not part of that motion address the debt service? Vice Chair Sarnoff That's a total mill service, I believe. Mr. Alfonso: That is correct. That is inclusive of the .9 mills for debt service. Ms. Thompson: Thank you. Your roll call. Commissioner Carollo? Commissioner Carollo: No. Ms. Thompson: Commissioner Gort? Commissioner Spence -Jones: What -- wait a minute, wait a minute. Commissioner Gort: No. Ms. Thompson: Continue -- Commissioner Spence -Jones: I don't understand. I'm lost. I'm lost in this. Chair Suarez: I'm not lost. Vice Chair Sarnoff. They're making it easy for the Mayor so then -- now we're going to come back. I think what's going to happen. City of Miami Page 131 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: I'm not lost. Vice Chair Sarnoff You're not lost at all. Chair Suarez: I'm not lost. This is not that complicated. Ms. Thompson: Continuing with your roll call. Chair Suarez: Please. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Vice Chair Suarez? Chair Suarez: No. Ms. Thompson: I'm sorry, Vice Chair Sarnoff? Chair Suarez: Hey, don't put him the Vice Chair. Yes. Ms. Thompson: Okay. And there's Chair Suarez? Chair Suarez: No. Ms. Thompson: Then the motion -- Chair Suarez: Fails. Ms. Thompson: -- fails, okay, 2-3. Chair Suarez: Thank you. Commissioner Spence -Jones: So then what are we having the special meeting for? Chair Suarez: Now we have to make another motion. Vice Chair Sarnoff You don't have to. Now you could do away with the special meeting because now we have to set the mill rate. Commissioner Spence -Jones: This is so crazy. But this is what I'm saying. Commissioner Carollo: I strongly suggested that we keep on and let everyone work it out or we take a recess. Commissioner Spence -Jones: Yeah, but what -- Commissioner Carollo: I strongly suggested. Commissioner Spence -Jones: But you just agreed to have a special meeting to address it. Commissioner Carollo: Yeah. I'll be here Tuesday, yes. I'll have a special meeting. City of Miami Page 132 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: But we don't -- but it doesn't make -- Commissioner Sarnoff just told you that it doesn't make sense to have the meeting. Vice Chair Sarnoff. We don't need one now. We just simply need to set a mill rate now. Commissioner Carollo: I strongly suggested we take a recess. Vice Chair Sarnoff So I'll tell you what. I'll make -- Commissioner Spence -Jones: Can we -- Vice Chair Sarnoff -- a motion. Commissioner Spence -Jones: -- make a motion for the ten -minutes recess to give him what he needs to have? Chair Suarez: We don't need to make a motion for that. I can do that. Commissioner Spence -Jones: Okay, good. Chair Suarez: Okay, it's 7:32. We're going to reconvene at 7:45 on the dot. [Later...] Chair Suarez: We have a quorum, obviously, but we don't have all five Commissioners. Vice Chair Sarnoff What I could do -- Chair Suarez: You want to do something on your blue pages or something? Vice Chair Sarnoff No, no, no, I don't need to do that. I -- what I could do is clean up where we are. Since we did not vote for the millage, I could -- I would ask the -- to reconsider the vote for the special meeting -- Chair Suarez: Okay. Vice Chair Sarnoff -- so that we don't have to have a special meeting. Chair Suarez: But we don't know what the vote is going to be. Sure, Mayor, absolutely. We don't have -- we don't know how this is going to turn out. You want to revote that again? Vice Chair Sarnoff I would just -- so we do away -- I don't think you're going to need a special meeting. So right now on the record, we're supposed to meet on Tuesday. I don't think you need to do that any longer. Chair Suarez: Why not? I mean, we don't know what the vote's going to be on the millage. We don't know if the Mayor is going to veto it or not. Commissioner Spence -Jones: Yes -- he's already said on the record he was. Chair Suarez: No. I understand. So then we need a special meeting. Vice Chair Sarnoff. Well, I don't think the Mayor is going to veto a flat tax. Chair Suarez: Okay. Is that what's being proposed? City of Miami Page 133 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Vice Chair Sarnoff I surmise that's where we're headed. Chair Suarez: Well, then somebody make a motion. Commissioner Spence -Jones: Well, I want to wait till Frank gets out here. Chair Suarez: I agree. Yeah, absolutely. Vice Chair Sarnoff. And the only reason I don't -- I don't want to go to something different. I want to get this done. Chair Suarez: I would love to get this done as well. [Later...] Chair Suarez: Okay. So I guess we go back now to the millage rate. Is there a motion on the millage rate? Commissioner Spence -Jones: I just want us to at least be on the same page about what the issue is. Chair Suarez: Yeah. I think the Vice Chair was -- Commissioner Spence -Jones: I mean, I'm -- at this point I'm thoroughly confused about the issue, if you want to know the truth. I mean -- Chair Suarez: Well, there was a motion to raise the advertised rate. It was denied 3-2 [sic]. Commissioner Spence -Jones: Right. And then I -- Commissioner Carollo: No. The advertised rate was what was proposed. There was a -- Chair Suarez: I'm sorry, you're right. To raise the Mayor's proposed rate to establish the advertised rate. Commissioner Carollo: To establish the rate. Question, Madam City Attorney: If that is established and it is vetoed on Monday, then on Tuesday this Commission can either override or not override that veto, correct? Ms. Bru: The Commission can, at the next regularly scheduled meeting or at a special meeting, override the Mayor's veto by a four -fifth vote. Commissioner Carollo: And it would have to be at a special Commission meeting because -- Ms. Bru: You don't -- well -- Commissioner Carollo: -- you have to do the trim notices or -- Ms. Bru: By August 3. Commissioner Carollo: -- we have to let the County know by August 3. Ms. Bru: Yes. City of Miami Page 134 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: I don't understand why it couldn't be that clear in the beginning. I mean, you just stated it and it's just like so clear. We went through two hours of confusion and you just stated it. Commissioner Carollo: No comments. I said we needed to recess until everything was clear. Commissioner Spence -Jones: They said we couldn't recess it, though. Chair Suarez: No, no. He meant like recess now. Commissioner Spence -Jones: Oh, you mean -- you talking about -- oh, no. Okay. Chair Suarez: Okay. The recess obviously benefited us. Okay. I was calling for a -- I called for the recess so -- okay. So is there a motion on the table on this item? Commissioner Spence -Jones: Motion to -- for the special meeting? Chair Suarez: No, no. Vice Chair Sarnoff No. We have the special -- we still have the special meeting -- Commissioner Carollo: We have -- yeah. Vice Chair Sarnoff -- set. Commissioner Gort: We are going to have the special meeting. Chair Suarez: There -- you can either accept the Mayor's proposal or you can do something else, but we tried to do something else and it was rejected so -- Commissioner Spence -Jones: Can -- now that we have clarity on the issue -- because before we did not have clarity until Commissioner Carollo made it clearer -- Commissioner Carollo: Well, here's -- Commissioner Spence -Jones: -- that we can vote the way we were going to vote, let the Mayor decide on Monday if he's going to veto. If he decides he's going to veto, we still have a special meeting set up on Tuesday and we can then address it at that particular time. Commissioner Carollo: And Madam City Clerk -- I'm sorry, Madam City Attorney, I want to ver. If the Mayor's veto is not overturned -- and we're doing a lot of assumptions here. We're doing that -- we're assuming that, you know, it will be passed. But if the Mayor's veto is not overturned, we will still be a body meeting so we could set another rate, correct? Ms. Bru: Right. Commissioner Carollo: So it's not like what had been spoken before, that the Mayor could veto and then all of a sudden we -- it will go into rollback rate and then we couldn't do anything. Correct? Because -- Ms. Bru: The call of the meeting was to discuss the millage rate, so it's a very broad call of a meeting so you could do -- you know, you can over -- and take any action in connection with the millage rate. Chair Suarez: I would say -- City of Miami Page 135 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Ms. Bru: So the call of the meeting was broad enough to either overturn the Mayor's veto or propose and adopt a different millage rate. Commissioner Carollo: Okay. Because before we didn't have clarity of whether or not if we set a millage rate, it is vetoed and either we don't meet or we meet and the veto's not overturned then it went back to the rollback rate and we cannot increase it so -- and actually, instead of a $40 million deficit, it will be a $53 million deficit. That was my understanding, correct? Commissioner Spence -Jones: That's the way they were explaining it. That's kind of how -- that's what came out of it. It's almost -- was almost like we were between a rock and a hard place. Vice Chair Sarnoff Well, we needed -- Commissioner Gort: That's why we called a special meeting. Commissioner Spence -Jones: Right. Vice Chair Sarnoff -- to have a meeting that we could have done -- we could do a lot of things. We could try to override the Mayor. We could establish a new mill rate. In which case, the Mayor would probably veto it the next day, or we could then just succumb and do the mill rate by the Administration. Commissioner Carollo: And -- okay. And you just said something. Vice Chair Sarnoff You like the word succumb? Commissioner Carollo: No, no. Chair Suarez: It's too late for that, man. It's too late for that. Ms. Bru: I'm sorry, Commissioner Sarnoff What did you say about succumb? I didn't get that option. Chair Suarez: Is there a court -- can the court reporter read back his statement? Commissioner Spence -Jones: Don't worry about it, Julie. Ms. Bru: No? Okay. Commissioner Spence -Jones: Go ahead. What -- Commissioner Carollo: Madam City Attorney, if the veto is not overturned and we set a new rate, pretty much the Mayor could veto that too and then we would have to meet again then. And if not, then it will go into the rollback, which would then put us again into a $53 million deficit as opposed to a $40 million deficit. Commissioner Spence -Jones: No. Commissioner Carollo: Yes. Commissioner Spence -Jones: Yeah, I know. I'm not talking about -- Chair Suarez: Wait, wait, wait, wait. City of Miami Page 136 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: No, but -- Chair Suarez: But if the Mayor vetoes it and we override his veto, then we can set the millage. Commissioner Spence -Jones: Yeah. Chair Suarez: There's still time to set the millage -- Commissioner Spence -Jones: We can override it. Chair Suarez: -- before -- Commissioner Carollo: But he could -- Chair Suarez: -- August 6. Commissioner Carollo: -- veto it again. Commissioner Spence -Jones: No, he can't. That's what he's telling you. Chair Suarez: Of course he can. Commissioner Carollo: No. She's saying he -- Chair Suarez: Yeah, he can continue to veto it over and over. Yeah, of course. I mean, yeah. Commissioner Carollo: Yes. Chair Suarez: And he can -- yeah. Vice Chair Sarnoff But how does that affect anything we're going to do? Chair Suarez: It doesn't. Vice Chair Sarnoff Because it -- Chair Suarez: It doesn't. I don't think -- Vice Chair Sarnoff -- what we simply have to -- Chair Suarez: The question is it doesn't. Vice Chair Sarnoff We simply have to do something and -- Chair Suarez: Right. We're not going to -- I don't think we're going to play a game of chicken basically with the Mayor -- Vice Chair Sarnoff Right. We -- Chair Suarez: -- where he's going to veto and then we're going to override and then he's going to veto and -- we're not going to play that game of chicken because that's irresponsible -- Commissioner Spence -Jones: That's right. Chair Suarez: -- to the people. City of Miami Page 137 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Vice Chair Sarnoff. I'll take a shot at something. I'll make a motion. We were at 8.971. Am I allowed to go somewhere in between there? I can? Commissioner Gort: Do it. Vice Chair Sarnoff So I would make a motion to set the mill rate -- I suspect I'll have the same reaction, but how 'bout at 8.771? Commissioner Carollo: Second for discussion. Chair Suarez: There's a motion and a second. Commissioner Carollo: For discussion. Chair Suarez: Go ahead. Commissioner Carollo: First question is, I want to know what are the numbers with regards to that, Danny? And I know. I know. [Later...] Commissioner Spence -Jones: Do we have anything else? Chair Suarez: Back to the millage or do you want us to do the discussion items or defer the discussion items or --? Commissioner Spence -Jones: Do you guys want to talk about the --? Chair Suarez: I'm good. I deferred mine. Vice Chair Sarnoff Let's go to the mill. Commissioner Carollo: I deferred mine. Vice Chair Sarnoff I'm not going to defer one of mine, but I want to do the mill. Commissioner Spence -Jones: Okay. Chair Suarez: Let's do them now and then we'll finish off with the millage rate. Vice Chair Sarnoff No, no, no. I don't want to do my -- let's do the mill rate. That's more important. Commissioner Spence -Jones: Yes. Chair Suarez: Right. Okay, that's fine. Vice Chair Sarnoff So we can beat the hell out of each other and then, you know -- Chair Suarez: I hope not. Vice Chair Sarnoff Let's just -- Chair Suarez: All right, RE.15. City of Miami Page 138 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Vice Chair Sarnoff. So that's the mill, right, Mr. Chair? Chair Suarez: That is the mill. I didn't realize it. Vice Chair Sarnoff All right. So what I asked Danny to do is to find out what 8.7 -- well, I did a motion to approve 8.771. Commissioner Spence -Jones: And I second it, right? Vice Chair Sarnoff Right. Commissioner Carollo: No. Vice Chair Sarnoff And then -- Commissioner Spence -Jones: No, I didn't second? Chair Suarez: Did she -- Commissioner Carollo: I second it for discussion. Chair Suarez: Wait, wait. Commissioner Spence -Jones: Oh, you did second. I'm sorry. Chair Suarez: Yes. Commissioner Carollo: I second it for discussion. Vice Chair Sarnoff That would get us $8.3 million. So I'm going to try something a little different. I'm going to rescind that, my motion, and I'm going to make a motion to get us an exact $10 million and that would be an 8.831 mill rate which includes the .9 for debt. Chair Suarez: That's a motion by Commissioner Sarnoff. Is there a second? Commissioner Spence -Jones: Second. But I want to add something to it. Second for discussion. So Danny, again, because the bottom line -- again, taking our own personal little agendas out of the way and focusing on the City, that 10 million will do what to help us reduce the debt? Mr. Alfonso: Well, Commissioner, clearly, $10 million is an amount that, if it was there for flexibility, would be used towards our negotiations. Commissioner Spence -Jones: Okay. So that would definitely help a lot, though. And what would that mean to the residents? Mr. Alfonso: Yes. This is kind of a interesting number. It is -- to the average homestead property owner, it is $42.52 for the year, which is $3.54 a month. Commissioner Spence -Jones: Wow. Chair Suarez: Irony. Okay. Vice Chair Sarnoff How much is one of those big houses? City of Miami Page 139 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Okay. Motion and a second. Can you please do a roll call on this? Commissioner Carollo: Question. Chair Suarez: Yes. Commissioner Carollo: You said homestead. What about average homeowner? Mr. Alfonso: The average homestead property would be $42.52 a year. For a property of $1 million, it would be $360 a year. For a property of half a million, would be $180 a year. For a property taxable value 200, 000, would be $72 a year. Commissioner Carollo: Okay. I just want to see homestead. What do you mean, the average homestead? What --? Mr. Alfonso: The average homestead property in the City of Miami -- the property appraiser separates the property classes by homestead, non -homestead residential, condominium, commercial, et cetera, et cetera. There are roughly 39,000 properties in the City of Miami that are homesteaded properties. Those are properties where the owner occupies the property and he has been subject to the laws of the homestead exemptions for x'humber of years so that the taxable value may be significantly lower than the market value. So that the average homestead property owner, meaning the average person who owns a house within the City limits, has a taxable value, of those 39,000 properties, of 118, 112. If this Commission were to approve the increase that Commissioner Sarnoff is proposing to that average homeowner in the City of Miami, it would mean $42.52 more per year or $3.54 a month than if that were not to pass and we had a flat millage. Chair Suarez: Okay. Any further questions? Okay, can you please roll call on this one? Ms. Thompson: Okay. I have your mover as being Vice Chair Sarnoff, your seconder as Commissioner Carollo. Chair Suarez: Commissioner Carollo. Yes. Ms. Thompson: Your roll call. Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Commissioner Carollo? Commissioner Carollo: No. Ms. Thompson: Vice Chair Sarnoff? Vice Chair Sarnoff Hmm, I could play politics here. Yes. Ms. Thompson: And then Chair Suarez? Chair Suarez: No. Ms. Thompson: Then your motion -- City of Miami Page 140 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Gort: Wait a minute, wait a minute. I didn't understand that. Repeat it again. Commissioner Spence -Jones: Come on, guys. Commissioner Gort: I vote no. Commissioner Spence -Jones: Why y'all playing games? Why we playing games? Chair Suarez: I'm not playing any games. Commissioner Spence -Jones: This is games. We dealing with people's lives. That just doesn't make any sense. Chair Suarez: We're dealing with a lot of lives. That's true. Commissioner Spence -Jones: So when we get ready to go into our little rooms in our executive sessions, I don't want to hear it. Chair Suarez: Right. Commissioner Spence -Jones: I don't want -- Chair Suarez: Agreed. Commissioner Spence -Jones: -- to hear it at all and I don't want to hear anybody getting laid off and all these things that we keep talking about. Vice Chair Sarnoff So what we could do -- Commissioner Spence -Jones: And now we at least have the option -- why would you not want to have the option? Vice Chair Sarnoff So let's just -- Commissioner Spence -Jones: So you vote yes and then you vote no, but then you expect the unions to get into the meetings and negotiate with us and not be fair -- and be fair. Chair Suarez: I've been clear about my motion. Vice Chair Sarnoff. So what is the operating mill rate that the Mayor wants? I'm going to make a motion. Mr. Alfonso: Seven point five seven one mills -- Chair Suarez: Wait, wait, wait, wait, wait, wait, wait. Wait. Before you do that, do you want to change your vote to a no? Okay. So it fails 3-2. Now you're going to make a motion. Vice Chair Sarnoff. Right. I understand it's 7.571 plus the .9? Mr. Alfonso: Plus the .9, which is 8.471. Vice Chair Sarnoff My motion is to -- Commissioner Spence -Jones: Testosterone. City of Miami Page 141 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: There's a motion by the Vice Chair. Is there a second? Commissioner Gort: Second. Commissioner Spence -Jones: I support your second. Chair Suarez: Second by Commissioner Spence -Jones. Roll call, please. Ms. Thompson: Okay. I'm sorry, can you please repeat the millage rates for this motion? Vice Chair Sarnoff I'll do it. I'll do it. Ms. Thompson: Thank you. Vice Chair Sarnoff It is 7.571 operating mill rate, plus a .9 mill rate, for an effective mill rate of 8.471, Madam City -- Madam Clerk. Ms. Thompson: Thank you. Your roll call. Commissioner Carollo? Commissioner Carollo: Yes. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Vice Chair Sarnoff? Vice Chair Sarnoff Hmm, I could play games on this one now. Yes. Ms. Thompson: And then Chair Suarez? Chair Suarez: Yes. Ms. Thompson: The motion -- Chair Suarez: Passes unanimously. Ms. Thompson: -- has been approved, 5-0. Chair Suarez: Thank you. Does anyone want to go to any other discussion items or do you want to just adjourn the meeting? Vice Chair Sarnoff No. I want to go to my discussion item. Chair Suarez: Meeting adjourned. Vice Chair Sarnoff No. Come on, come on, come on. Commissioner Carollo: No, no, no. City of Miami Page 142 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Oh, wait. I'm sorry, no. My apologies. Meeting not adjourned. No, obviously we don't 'cause the Administration's proposal was -- do we need to rescind the special meeting? Vice Chair Sarnoff Yeah, we can. Ms. Thompson: You either rescind that motion -- reconsider -- Vice Chair Sarnoff I -- so -- wait, wait, wait, wait, wait. Ms. Thompson: -- or you can cancel it. Just can -- you can make a motion to cancel the meeting. Vice Chair Sarnoff. Motion to cancel. Ms. Thompson: Thank you. Commissioner Carollo: Second. Chair Suarez: There's a motion and a second. All in favor, signify by saying "aye. " The Commission (Collectively): Aye. RE.16 RESOLUTION 12-00738 Downtown A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A Development PROPOSED MILLAGE RATE FOR THE MIAMI DOWNTOWN DEVELOPMENT Authority AUTHORITY OF THE CITY OF MIAMI, FLORIDA ("DDA"), FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013; DIRECTING THE EXECUTIVE DIRECTOR TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE DDA'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. 12-00738 Memo - Miami DDA.pdf 12-00738 Resolution - DDA.pdf 12-00738-Legislation-SUB. pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, 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-12-0281 Chair Suarez: I'm assuming Commissioner Carollo's going to want to vote on the computed millage rate, so we'll skip that. RE.16, DDA (Downtown Development Authority) millage rate. Commissioner Spence -Jones: Where's he? Chair Suarez: I don't know. Vice Chair Sarnoff Move it. This is the DDA millage rate. Chair Suarez: Moved by the Vice Chair. Vice Chair Sarnoff. Thank you. Commissioner Gort: Second. Commissioner Spence -Jones: Second. City of Miami Page 143 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Second by Commissioner Gort, even though Commissioner Spence -Jones seconded louder. All in favor, sign by -- Priscilla A. Thompson (City Clerk): I'm sorry. Chair Suarez: -- saying aye. Ms. Thompson: I'm sorry. IfI might. Chair Suarez: This is a public hearing. Ms. Thompson: Well -- and also that we have a substitute, so we need to make sure we put that information on the record. Chair Suarez: As modified, Commissioner? Vice Chair, as modified? Vice Chair Sarnoff. What's the modification? Chair Suarez: Oh, she has a substitution. Alyce Robertson: Because our board didn't vote on it until last Friday, we had to submit an item that was not approved by the board. Vice Chair Sarnoff As modified, so moved. Chair Suarez: And I'm assuming that it's a flat -- Vice Chair Sarnoff. Yes. Ms. Robertson: Yes. Chair Suarez: -- millage, okay. Ms. Robertson: Flat millage. Chair Suarez: Perfect. So it's been modified. Does the seconder adopt the modification? Commissioner Gort: Yes. Chair Suarez: Okay. All in favor, sign by saying Bye." The Commission (Collectively): Aye. Chair Suarez: Unanimous. RE.17 RESOLUTION 12-00746 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney PAYMENT OF ATTORNEY'S FEES AND COSTS, IN THE AMOUNT OF $73,350, AS REIMBURSEMENT FOR LEGAL FEES TO CHARLES MAYS FOR SUCCESSFULLY DEFENDING A CLAIM FILED BY THE FLORIDA BAR AND STYLED AS FLORIDA BAR VS. CHARLES MAYS, CASE NO. 2006-71,063(11N); ALLOCATING FUNDS FROM THE NON DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0.0. City of Miami Page 144 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 12-00746 Memo - Office of the City Attorney.pdf 12-00746 Memo - Financial Signoff.pdf 12-00746 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0282 Chair Suarez: Let's go back to -- Alyce Robertson: Thank you. Chair Suarez: -- RE.15, millage rate. Is someone going to make a presentation on the millage rate? Okay. Oh, okay, Mr. Alfonso. We'll give you a couple seconds. Commissioner Spence -Jones: Can we go on to the other items? Chair Suarez: Sure. Commissioner Spence -Jones: Because I think we're going to have a little healthy -- Chair Suarez: Sure. Commissioner Spence -Jones: -- discussion about that. Chair Suarez: Okay. Commissioner Spence -Jones: Let's close out on the agenda so we don't have that anymore. Chair Suarez: Sure. I have no problem with that. I'm sorry, Mr. Alfonso. Sorry for making you walk all the way up here. Commissioner Spence -Jones: Just let us finish this 'cause I want to make sure I have enough time to (UNINTELLIGIBLE) -- Chair Suarez: RE.17 then. Julie O. Bru (City Attorney): Chairman, RE.17 is a resolution that would authorize the payment to former Assistant City Attorney Charles Mays' attorney for fees incurred during the successful defense of charges brought against him by the Florida Bar. Chair Suarez: Is there a motion? Commissioner Spence -Jones: So moved. Commissioner Gort: Move it. Commissioner Spence -Jones: Discuss -- Commissioner Carollo: Second. City of Miami Page 145 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Moved by Commissioner Spence -Jones, second by Commissioner Gort. Any discussion? Commissioner Spence -Jones: Yeah. I just wanted to -- I know -- Julie, I know in your briefing on this -- if you could just put on the record -- this is normal practice. Ms. Bru: Well, this is authorized under the law, and furthermore, it's required under the law. Commissioner Spence -Jones: Okay, all right. Chair Suarez: I think that makes it pretty clear. Commissioner Gort: My understanding, the service -- it was because he was providing service in and advice to the City of Miami as an employee of the City of Miami when he was -- okay. Ms. Bru: Yes. Chair Suarez: And he was successful in his defense. Commissioner Spence -Jones: Yes. Ms. Bru: He was. Chair Suarez: Okay. All in favor, signify by saying aye." The Commission (Collectively): Aye. RE.18 RESOLUTION 12-00786 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Attorney ATTORNEY TO TAKE ANY AND ALL ACTIONS AUTHORIZED IN LAW OR IN EQUITY NECESSARY OR PERMITTED TO REGAIN POSSESSION OF CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT60 SOUTHEAST4TH STREET, MIAMI, FLORIDA, AND TO RECOVER ALL DAMAGES WHICH THE CITY HAS SUSTAINED AS A RESULT OF MIAMA RIVER GROUP, INC.'S BREACH OF THE RESTAURANT AGREEMENT EXECUTED ON MARCH 23, 1988, INCLUDING ANY AND ALL SUBSEQUENT AMENDMENTS AND MODIFICATIONS. 12-00786 Memo - Office of the City Attorney.pdf 12-00786 Legislation.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0283 Direction by Chair Suarez to the Administration to provide the City Commission with an analysis of all city -owned properties that are under a revocable license to determine if the City is receiving fair market value under these agreements. Direction by Commissioner Spence -Jones to the Administration to provide a full report on the history between the City of Miami and Bayside Hut going back to 1994. City of Miami Page 146 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: RE.18. Julie O. Bru (City Attorney): This also is an item where the City Attorney now is asking you for permission to take legal action related to a property that is located at 60 Southeast -- Vice Chair Sarnoff So moved. Ms. Bru: -- 4th Street. Chair Suarez: Moved by Commissioner Sarnoff. Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. Any discussion? Commissioner Spence -Jones: I just -- Commissioner Carollo: Yes. Mr. -- Chair Suarez: Go ahead. Commissioner Carollo: I'll yield. Commissioner Spence -Jones: I just wanted to know, what exact -- is this -- whose district is this? Is this your district? Vice Chair Sarnoff. Bijan's, Bijan's. Commissioner Spence -Jones: Where exact -- is this by the James L. Knight? Commissioner Carollo: Yes. Vice Chair Sarnoff Yeah. Commissioner Carollo: Yes. Chair Suarez: Yes. Commissioner Spence -Jones: Oh, okay. Chair Suarez: Yes. Commissioner Spence -Jones: Okay. Chair Suarez: Okay, discussion. Commissioner Carollo: Yeah. The only thing is that I want to make sure that there's no double standards and the same thing we're doing with this property we're doing it across citywide to all properties. So I want to verify that, Madam City Attorney. And if there's other properties in similar conditions, that we, you know -- this Commission be let known and then I will foresee that we will see more resolutions like this. Commissioner Spence -Jones: And can I also ask -- 'cause I would like to know on the record if they are. I know that there was one on Key Biscayne that we were going back and forth on. City of Miami Page 147 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 What's the name of the property I'm --? Henry Torre (Director, Public Facilities): It's Bayside Hut. Commissioner Spence -Jones: Bayside Hut. Mr. Torre: Yes. Commissioner Spence -Jones: So are we doing the same thing with them? Mr. Torre: Bayside Hut is on a revocable permit agreement. There was a outstanding payment issue that we were dealing with. We were able to come to a payment arrangement. They have paid, in the last two months, I believe, $6,500, their actual rent and a little bit towards their past due balance. Commissioner Spence -Jones: But how -- I'm sorry for interrupting you. I just want to know how far behind are they? Mr. Torre: They are behind in the amount of $45, 000. Commissioner Spence -Jones: Why are we --? Mr. Torre: They became -- they had not paid rent for approximately 16, 17 months. There was a dispute over some issues on a signage and some maintenance issues of the bathroom. Commissioner Spence -Jones: But what does that have to do with them paying their bill? Mr. Torre: They were disputing it. They felt that we did not comply with our side of things. Commissioner Spence -Jones: And then what -- Mr. Torre: They asked for -- Commissioner Spence -Jones: I'm sorry for hijacking your item. You brought it up so -- Chair Suarez: I think you guys are both going in the same direction. Commissioner Carollo: Right. I mean, and realistically, yeah, it's a discussion that I wanted to have, not necessarily about that property, but all properties. Commissioner Gort: All properties. Commissioner Carollo: I just don't want a double standard. I want it to be across -- Mr. Torre: Well, Commissioner, I -- Commissioner Carollo: -- all properties in the City -- Mr. Torre: -- can guarantee you, there will not be -- Commissioner Carollo: -- so by all means. Mr. Torre: -- there has not been and there will not be a double standard. Commissioner Spence -Jones: So we -- but are we doing this -- I'm sorry. Are we doing this City of Miami Page 148 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 assessment? Like how did we decide Bijan's was -- we're going to go -- deal with Bijan's? Mr. Torre: Not only has he failed to pay rent, his license permit expired. We also have concerns over -- I don't know how far I should go considering there's -- it's a litigation matter. Commissioner Spence -Jones: Okay, you don't have to -- I guess I'm just piggybacking on Commissioner Carollo, and I'm going to go back to, what is it called, Bayside Hut is the issue? Mr. Torre: Bayside Hut. Commissioner Spence -Jones: Which is $45,000 behind -- Mr. Torre: Correct, correct. Commissioner Spence -Jones: -- because they felt like the bathrooms or whatever else -- Mr. Torre: There was an issue with the signage and there was an issue that they had with the maintenance of the restrooms. Commissioner Spence -Jones: Okay. But when was the last time that -- and what was our legal recourse with them on this issue? We just kind of settled with the fact that they didn't want to pay? I mean, I'm just saying -- Ms. Bru: This is being handled by the Administration -- Commissioner Spence -Jones: Okay. Ms. Bru: -- under the Manager's authority and discretion. Commissioner Spence -Jones: Okay. So what do we do in that case? If don't like the way -- if the bathroom is not being fixed -- I'll give a -- if the bathroom's not being fixed in one of the spaces that we lease out or we -- Mr. Torre: Right. Commissioner Spence -Jones: -- have a management agreement with, then -- Mr. Torre: Well, Commissioner -- Commissioner Spence -Jones: -- the tenant can just decide he's not going to pay? Mr. Torre: No. Actually, they can't. Commissioner Spence -Jones: They can? Mr. Torre: But what we felt -- They cannot. Commissioner Spence -Jones: Okay. Mr. Torre: -- in this particular case, Commissioner, is they are located in -- within that -- you know, that area that the Friends of Marine Stadium are looking at. We felt it was important to start collecting revenue now, collect some of the past due amount. Then when -- we'll be in a better position to know exactly what we want to do with that space next month or in a couple of months. Now also let me remind you, that's a revocable license agreement. We can revoke it at any time. City of Miami Page 149 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: But why -- I just -- I'm just trying to -- I'm lost because for what reason if we know we owe $45,000 and we have a revocable license, which seems like that's in our favor -- Chair Suarez: Big time. Commissioner Spence -Jones: -- and seems like, you know, we would probably get a lot more money for -- How much are they paying a month? Mr. Torre: Twenty-five hundred dollars a month. Commissioner Spence -Jones: Okay, they're paying 25 -- and isn't that --? Mr. Torre: Commissioner, I will tell you that we are -- Commissioner Spence -Jones: How much is --? Mr. Torre: It is under market. Commissioner Spence -Jones: Look at Frank's face over there. Commissioner Gort: Have you been there? Mr. Torre: It is under market rank, Commissioner. I will tell you that we are restricted right now. It is not a site that we can commit to a long-term lease on. We would only be able to have someone in there on a month -to -month basis. Commissioner Spence -Jones: But why wouldn't we look at this as an opportunity for us to make money in the City? Why wouldn't we be proactive and say, look, these guys have not been -- or gals. I don't know who they are -- great tenants. They owe us money, you know. They haven't paid, you know. Here's an opportunity to, you know, have more money coming into the City, which we have been talking about shortfalls and not having enough money, and I'm just curious as to why the light bulb didn't come on with anybody to say, You know what, why don't we revoke their license and why don't we put it out to bid to try to get more money? Mr. Torre: Right. Commissioner, we could not take this out to an RFP or bid. It's waterfront property. Right now we're kind of on a hold pattern -- Commissioner Spence -Jones: Please. Mr. Torre: -- with that property. Commissioner Spence -Jones: We can't -- Frank is going to eat you up on that one. I would suggest that you don't say that. Erase that, please. Mr. Torre: I will just tell you, Commissioner -- Chair Suarez: Strike it from the record. Mr. Torre: Right. I will tell you, Commissioner, that right now that property is not one that we are prepared to lease on a long-term basis. We have the issue of the Friends of Marine Stadium who are coming back to us, I believe, in September. Commissioner Spence -Jones: Yes. City of Miami Page 150 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Torre: Once -- Chair Suarez: But wait, wait, wait, wait, wait. Now -- can I jump into the party a little bit? Commissioner Spence -Jones: Can I --? Wait, wait a minute. Chair Suarez: Okay. Commissioner Spence -Jones: It's my party. Chair Suarez: Sorry, my bad. Commissioner Spence -Jones: I want to enjoy my party for a little bit. Chair Suarez: Go ahead. Commissioner Spence -Jones: So -- and I'm not trying to put -- Mr. Torre: Right. Commissioner Spence -Jones: -- you on the spot. I just -- you know, I hate to say Frank was right on this. Chair Suarez: No, he is. Commissioner Gort: He is. Chair Suarez: He absolutely is. Commissioner Spence -Jones: You know, and -- Vice Chair Sarnoff I still hate to say he's right. Chair Suarez: No, he is. But I don't think you need a charter change to come to that conclusion, but I think he's right. Mr. Torre: Right. Chair Suarez: And that's why I said I agree with him in principle. Commissioner Spence -Jones: But why -- I mean, how -- first of all, I guess this is the bigger question and then I'm going to shut up. Mr. Torre: Right. Commissioner Spence -Jones: And then it seems like everybody wants to chomp at this -- Mr. Torre: Right. Commissioner Spence -Jones: -- join this party. But how long have they had it? Mr. Torre: They've had the property, I believe, since 1994. Commissioner Spence -Jones: Oh, my gosh. City of Miami Page 151 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Torre: Since 1994, yes, Commissioner. Commissioner Spence -Jones: And they've been paying the same amount of rent? Mr. Torre: They've been paying the same amount of rent -- there were actually some amendments done in 2000 -- I believe in 1997 and 2001 that adjusted that rent. When I started, they were already -- I believe they were 11 months behind or 12 months behind in rent. Commissioner Spence -Jones: But Henry, you know what I love about you, you are the ultimate professional. And when you come and you sit in my office and you go over and you say, Commissioner, you know, I'm not a government kind of guy. Mr. Torre: Right. Commissioner Spence -Jones: I come from private industry. I can look at these deals and see that they're not good for the City. Mr. Torre: Right. Commissioner Spence -Jones: You know, I know you had to look at this and say, what is going on here. Mr. Torre: Well, Commissioner, I can tell you, when I started in February, by the end of February they were sent a demand notice requesting all the past due rent. They came to me and they asked for an abatement of that rent, which we did not provide them for. We felt at that time to -- that right now it was important to collect revenue, start collecting revenue on that property while we decide what we were going to do with that area because there are some additional plans where we're looking at possibly doing an RFP for the property next to it as well as some of the other ones and -- Commissioner Spence -Jones: I know. I just -- Mr. Torre: Right. Commissioner Spence -Jones: And I'm going to shut up. But I just -- I guess I'm agreeing with Frank again. It's like -- Mr. Torre: I will tell you this -- Commissioner Spence -Jones: -- we almost say okay -- Mr. Torre: Right. Commissioner Spence -Jones: -- this is off limits, but now that I'm really tired of this person -- Mr. Torre: Right. Commissioner Spence -Jones: -- I'm going to do whatever it takes, put all my resources aside to make sure we handle this person so they get out. And quite frankly, this is what the union's talking about, you know. Mr. Torre: Right. Commissioner Spence -Jones: This is -- we don't -- we're not being proactive to address the issue City of Miami Page 152 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 all the way around. Mr. Torre: Right. Commissioner Spence -Jones: And when you tell me that somebody's been there since 19 what? Commissioner Carollo: Ninety-four. Mr. Torre: I believe 1994. Commissioner Spence -Jones: And they haven't paid rent in more than 11 months? Mr. Torre: They are now paying rent. Commissioner Spence -Jones: They're now paying -- Mr. Torre: Yes. Commissioner Spence -Jones: -- now -- they're now paying rent, but -- Mr. Torre: They started paying rent in June and they started paying extra, an additional -- Commissioner Spence -Jones: But why -- Mr. Torre: -- 800 and something dollars to try to catch up. They finally agreed, okay, we -- they gave -- Commissioner Spence -Jones: But for $2,500 -- that's a deal. Mr. Torre: It's a very good deal. Commissioner Spence -Jones: Twenty-five hundred dollars for waterfront property? Mr. Torre: It's a good deal. However, right now -- Commissioner Spence -Jones: No, it's not a good deal. Mr. Torre: Right. Commissioner Spence -Jones: It's a great deal. Mr. Torre: It's a fantastic deal. Chair Suarez: A steal. Mr. Torre: However -- it is a steal. Chair Suarez: Steal. Mr. Torre: But I will tell you that they are on a revocable permit agreement. We are not in a position right now to extend a long-term lease to anyone. Commissioner Spence -Jones: But -- Chair Suarez: But you are in a position to revoke the agreement. City of Miami Page 153 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: -- you are in a position -- Mr. Torre: We are in a position -- Commissioner Spence -Jones: -- to revoke it. Mr. Torre: -- to revoke the agreement. Commissioner Spence -Jones: And I don't -- and what I don't -- Mr. Torre: Commissioner, we -- no, I understand what you're saying, and honestly, I understand your frustration. But I will tell you that we had budgeted to receive no money off that property. So what we have -- Commissioner Spence -Jones: But $2,500, with all due respect, Henry -- Mr. Torre: Well -- Commissioner Spence -Jones: -- I'm sure -- Mr. Torre: -- it's actually 3,500 that we're going to be getting every month. Until we decide to -- we decide what direction we want to go on that, we terminate the agreement with no notice and all that money becomes due and payable at that time. Chair Suarez: Let me -- Mr. Petty: Right. Chair Suarez: -- may I? 'Cause I just think -- I think I can resolve this. Commissioner Spence -Jones: Oh, my goodness. Mr. Torre: Right. Chair Suarez: And this does go to the heart of one of the points he's making -- Mr. Torre: Right. Chair Suarez: -- even though, you know, I may not have -- Commissioner Spence -Jones: You know he's loving it. Look at him. Chair Suarez: Yeah, yeah, he should be. Mr. Torre: I -- he's waiting. Chair Suarez: No. But the point is -- Commissioner Carollo: I'm not saying anything. Chair Suarez: -- that -- and I said it -- by the way, I've said it in other occasions, that the whole concept of a revocable license to me is a pretty funny concept, but -- Mr. Torre: And -- go ahead. City of Miami Page 154 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: -- here's -- just -- let's -- so we can go forward. Mr. Torre: Right. Chair Suarez: I think what we should do is, I think you should provide this Commission with an analysis of all properties that are under a revocable license to determine whether we're getting fair market value for those properties. Mr. Torre: Absolutely. Chair Suarez: Because somebody else might come in on a month -to -month basis and say we're willing to pay 4,000 or 5,000. And you have the right, if it's a revocable license, to revoke the license at any time. Mr. Torre: Right. Chair Suarez: Even if it were a month -to -month lease, you'd have the right to revoke the lease with 15 days' notice. Mr. Torre: Correct. Chair Suarez: So it's not about whether it's long-term or not. If somebody comes in and says I'm willing to pay twice, three times that amount of money for that space -- Mr. Torre: Right. Chair Suarez: -- then -- Commissioner Spence -Jones: (UNINTELLIGIBLE) at least. Chair Suarez: Of course. That's where we're talking about maximizing our dollars -- Mr. Torre: Right. Chair Suarez: -- and our resources. Mr. Torre: Absolutely. And ifI can add Commissioner Sarnoffs office has asked my office to prepare an analysis of all of our non for profits, what they're currently paying, and what the market rent would be. Chair Suarez: But this is not a non -for -profit corp -- Mr. Torre: No, no, I completely understand. Commissioner Spence -Jones: (UNINTELLIGIBLE). Mr. Torre: So we will do the same thing with our -- Chair Suarez: Thank you. Mr. Torre: -- revocable license agreement. Chair Suarez: Thank you. City of Miami Page 155 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Torre: But let me stress that this is not -- Commissioner Spence -Jones: I would like to see -- Commissioner Gort: Wait a minute. Commissioner Spence -Jones: -- I would like the full history because this just seems like we uncovered a -- what do you call it -- a hornet's nest Chair Suarez: Hornet's nest. Commissioner Spence -Jones: Is that the right way to put it? Chair Suarez: Yes. Commissioner Spence -Jones: I would like the full history of the -- what is it called? Mr. Torre: Bayside Hut. Chair Suarez: Revocable licenses. Commissioner Spence -Jones: Bayside Hut. I would like the full history from 19 when? Mr. Torre: 1994, I believe. Commissioner Spence -Jones: 1994. Commissioner Gort: Right. Commissioner Spence -Jones: I would really like to see the history on -- Mr. Torre: Commissioner, ifI can say one thing. I can assure you that this is the exception that you will only find in our entire portfolio. You know, the area has a master plan for, again, marine expenses -- Commissioner Spence -Jones: But, Henry, why is this the only exception? Mr. Torre: Commissioner, as I've said before, the area has a master plan for marine expansion so this may be incorporated into that master plan. So we felt that it was important to try to collect some kind of revenue. Chair Suarez: But you know how you cover yourself on that, Henry? Mr. Torre: What's that? Chair Suarez: What you do is you list it for rent on a month -to -month basis. Commissioner Spence -Jones: Yeah. Chair Suarez: You list it. Mr. Torre: Right. Chair Suarez: And then if someone wants to come and pay more on a month -to -month basis, you still have that ability to take the person out -- City of Miami Page 156 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Torre: Right. Chair Suarez: -- as a revocable license. Mr. Torre: Right. Chair Suarez: So when you list it, either somebody will come or somebody will not come. Mr. Torre: Correct. And -- Commissioner Spence -Jones: This is the real estate guy, right? Chair Suarez: Commissioner Gort. Commissioner Gort: To make it -- Commissioner Spence -Jones: Real estate hat. Commissioner Gort: -- very clear to everyone, I think this Commission here -- how long you been here now? Mr. Torre: Six months. Commissioner Gort: Six months. Mr. Torre: Too long. No, I'm kidding. Commissioner Gort: If you guys read the -- Mr. Torre: I'm kidding, I'm kidding. Commissioner Gort: Oh, I know that. Mr. Torre: No, I'm kidding. Commissioner Gort: I can see that gray hair coming out and it's going to be a lot more corning out. Chair Suarez: It's like dog years. Mr. Torre: Right, right. Chair Suarez: Don't worry about it. So you've been here -- Commissioner Spence -Jones: That slipped, right? Chair Suarez: -- for about three and half years. Commissioner Gort: We can ask that of Finance also, so that's -- Mr. Torre: Right. Commissioner Gort: -- look at the gray hair coming out. Now, my understanding -- and I don't know if you all have read the external audit reports when it comes to Public Facility [sicJ. City of Miami Page 157 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: Yeah, that's true. Commissioner Gort: All right. I read it, and this gentleman is doing a hell of a job, excuse the language. But also, when you talk about waterfront property, please, take some pictures of this facility -- Mr. Torre: Oh, it's structurally -- Commissioner Gort: -- and show it to the -- Mr. Torre: -- it's a nightmare. Commissioner Gort: -- because there's a difference between water -- Mr. Torre: Prime waterfront. Commissioner Gort: -- front property and this property. Chair Suarez: Right. Commissioner Spence -Jones: But I -- Chair Suarez: I agree. Commissioner Gort: But also, I think everybody should pay rent. And one of the things we're requesting is anybody that's behind rent -- and one of the things I'm going to request on future contract, which is part of my pocket item, if they don't perform within six months according to their performance projections, something's got to be done. And if they don't pay rent within a month or two, they're out. Chair Suarez: Right. Mr. Torre: Right. Commissioner Gort: And that's what I want in the new contracts. Mr. Torre: Well, Commissioner -- Chair Suarez: And by the way, if you -- Mr. Torre: -- that's our -- that's -- let me reiterate that that is our intention on where we're going. If somebody does not pay rent -- you know, we're going to add late fees to our new leases, which is going to generate an additional 100,000 and something to our deals. Furthermore, we're making recommendations on all future RFPs that if somebody makes a projection of $1.5 million in year five, they must be within 90 percent of that so we don't get 90, 95 percent of that. If not, that's their violation fee, as you may want to call it. So -- Chair Suarez: Okay. Mr. Torre: -- we understand. Chair Suarez: Okay. Would you like to chime in on this? Commissioner Carollo: I don't think I have to. City of Miami Page 158 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Okay. Commissioner Carollo: I mean, all I had to do was just start the ball rolling and I think everything is -- Chair Suarez: The avalanche. Commissioner Carollo: Yeah. And you know, again, I'm not here to embarrass anybody. Mr. Torre: Right. Commissioner Carollo: I just -- you know, I see a double standard here, especially when this comes up -- Mr. Torre: Right. Commissioner Carollo: -- and it's not being done citywide, you know, and there's missed opportunities, once again. And I think my colleagues said, you know, what I needed to say so. Mr. Torre: Right, right. Chair Suarez: And I think the best way to cover yourself, Henry -- I mean, like the Commissioner said, you're doing a fantastic job. Commissioner Spence -Jones: Yeah. You're great. We love you, Henry. Mr. Torre: Thank you. Chair Suarez: You are -- you really are, and I think your professionalism shows through. But on situations like this, list it. Mr. Torre: Right. Chair Suarez: If nobody -- you know, you can come back to this Commission and say, by the way, Commissioner, we've listed this property for a year -- Mr. Torre: Right. Chair Suarez: -- and we've gotten no offers. At least you have it out there to the public that it's out for rent and then somebody might come in. Now, of course, somebody could come in, rent it for three months -- Mr. Torre: Right. Chair Suarez: -- and then go out of business -- Mr. Torre: Right, right. Chair Suarez: -- and then you have -- Mr. Torre: No, I understand. Chair Suarez: -- the problem of you had a tenant that was actually paying versus one that's not, but those are other issues that you can deal with going forward. City of Miami Page 159 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: And I just want to just be clear on this, and I'm going to shut up on this. But the -- when you said Bayside Hut -- Mr. Torre: Yes. Commissioner Spence -Jones: -- I know that they used to have serious parties over there. Mr. Torre: They used to, yes. Commissioner Spence -Jones: And I know they made a lot of money with a lot of people coming there. So for them to even -- so $2,500 a month, they made that probably in the first two hours opening their doors. Mr. Torre: Commissioner, ifI can also -- Commissioner Spence -Jones: But that's fine. Mr. Torre: Right. Commissioner Spence -Jones: But my point is it just seems like no one's really -- and this is way before you -- has really challenged it ever -- Mr. Torre: Right. Commissioner Spence -Jones: -- you know, so I know that you will. Mr. Torre: Right. Chair Suarez: And by the way, there's another proposed Charter change and I'd like to work with Commissioner Carollo on it, which is that no revocable license of waterfront property should be in existence for more than one year, and I worked with the Commissioner on that because what -- that's being used as a loophole too, to get around the fact that you have to go through a charter -mandated process and they're using this -- what I call -- what I consider a gimmick, you know, to get around that. So I understand why -- Mr. Torre: Right. Chair Suarez: -- it's been done sometimes. For example, we just threw out an RFP on Scotty's and so we need some time to redo it -- Ms. Bru: We have (UNINTELLIGIBLE). Chair Suarez: -- to comply and so we have a revocable. But it can't be forever and I think that's what's happening in some cases. It's like forever. And that's not really a revocable license. That's almost like a long-term lease. So I would work with the Commissioner to try to find some language. Maybe not -- maybe it's not one year. Maybe it's two years. You know, we can study the issue, do our due diligence, and then come up with a solution, hopefully. Thank you. All in favor, signift by saying aye." The Commission (Collectively): Aye. Mr. Torre: Thank you. RE.19 RESOLUTION City of Miami Page 160 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 12-00793 Department of Finance A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER THE FIRST AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE INTERLOCALAGREEMENT, DATED JULY 1, 2009 AND TO EXHIBIT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI ("CITY"), REGARDING THE ANNUAL DISTRIBUTION OF THE CONVENTION DEVELOPMENT TAX PROCEEDS; APPROVING ANNUAL GRANTS BY OMNI COMMUNITY REDEVELOPMENT DISTRICT TO THE CITY FROM LEGALLY AVAILABLE COMMUNITY REDEVELOPMENT AGENCY REVENUES IN CONNECTION WITH CERTAIN CITY BONDS/DEBT OBLIGATIONS IN CONNECTION WITH THE PORT TUNNEL PROJECT. 12-00793 Summary Form.pdf 12-00793 Memorandums - County.pdf 12-00793 Pre-Resolutions.pdf 12-00793 Legislation.pdf 12-00793 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.20 12-00729 Department of Human Resources R-12-0284 Chair Suarez: RE.19. Stephen Petty: Steve Petty, director of Finance, City of Miami. This is an amendment to the interlocal agreement between the City and the County which allows two things. One, it allows the County to refinance the conventional development tax, the CDT (Convention development tax) bonds, and it does not affect the amount of money that we receive to pay the Marlin's bond, which is $3 million a year. It also provides the Omni CRA (Community Redevelopment Agency) with the authority to budget, to appropriate funds to pay the principal and interest of the port tunnel loan. Chair Suarez: Is there a motion? Vice Chair Sarnoff So moved. Commissioner Spence -Jones: Second. Chair Suarez: Moved by the Vice Chair, second by Commissioner Spence -Jones. All in favor, signify by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 316283, THAT EB JACOBS, LLC, IS THE HIGHEST -RANKED FIRM TO PROVIDE AND ADMINISTER THE PROMOTIONAL EXAMINATION PROCESSES FOR THE City of Miami Page 161 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 CLASSIFICATIONS OF CHIEF FIRE OFFICER, CAPTAIN AND LIEUTENANT, FOR THE DEPARTMENT OF HUMAN RESOURCES; AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A PERIOD OF FOUR (4) YEARS, WITH OPTIONS TO RENEW FOR TWO (2) ADDITIONAL TWO (2) 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. 12-00729 Summary Form.pdf 12-00729 Request for Proposals.pdf 12-00729 Cost Proposal.pdf 12-00729 EB Jacobs' Proposal.pdf 12-00729 Legislation.pdf 12-00729-Correspondence-Email-EB Jacobs Contract Matter No. 12-1573.pdf 12-00729-Ex h i bi t l -S U B. pd f Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort R-12-0285 Chair Suarez: RE.20. Kenneth Robertson: Good afternoon. Kenneth Robertson, Purchasing director. RE.20 is a resolution authorizing the City Manager to execute a professional services agreement with EB Jacobs, LLC (Limited Liability Company), the highest ranked firm in response to RFP (Request for Proposals) 316283, to provide and administer the promotional examination processes for the classifications of chief fire officer, captain, and lieutenant for the Department of Human Resources. I would like to amend on the floor that the agenda item that was published in Legistar for the professional services agreement labeled as Exhibit 1, the three attachments were blank, so I'd just like to read into the record that -- the Attachment to the professional services agreement will be the scope of services, which is extracted in its entirety from the RFP, Section 3.0, which was scope of services. The RFP document was part of the agenda item. What we're attempting to memorialize is that we would like to take that scope section and attach it to the PSA (Professional Services Agreement) as Exhibit A. Attachment B will incorporate EB Jacobs' price proposal and hourly rates as Attachment B. Attachment C will extract the insurance requirements that were defined in the REP document. And, essentially, having read those into the record, that would authorize the Manager to finalize the PSA in an acceptable legal form. Chair Suarez: Okay. Is there a motion? Vice Chair Sarnoff So moved. Chair Suarez: Moved as amended? Vice Chair Sarnoff Yeah. And I'd like to ask a question, Mr. Chair. Chair Suarez: Sure. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Gort. Vice Chair, you're recognized. City of Miami Page 162 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Vice Chair Sarnoff.. Mr. Director, is the indemnity language the same as what was shown to us in briefing? Mr. Robertson: The -- what was shown to you in your briefing? Vice Chair Sarnoff.. Well, I know that the director of HR (Human Resources) was there. I just wanted to confirm it's the same indemnity language. Mr. Robertson: Yes. That language has not changed. Vice Chair Sarnofff. That's it. Thank you. Chair Suarez: Thank you. Is -- does this include police lieutenant exams as well? Mr. Robertson: No. This is just for the fire department. Chair Suarez: Okay, this is only fire department. Okay. Mr. Robertson: Yes. Chair Suarez: That's a different company completely? Beverly Pruitt: Beverly Pruitt, Human Resources director. That will require a different RFP -- Chair Suarez: Got you. Ms. Pruitt: -- for those services. Chair Suarez: Okay, thank you. Commissioner Spence -Jones: Thank you. Chair Suarez: Any further questions? Hearing none, all in favor, signify by saying aye." The Commission (Collectively): Aye. RE.21 RESOLUTION 12-00749 City Commission 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; 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. City of Miami Page 163 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 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 Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Carollo Commissioner Carollo: Can we move on to the next RE (Resolution) whatever -- RE.21 and so forth so Danny could computate [sic] the numbers? Commissioner Spence -Jones: Danny, it's going to take you a minute to --? Okay. Chair Suarez: Okay. Commissioner Spence -Jones: That's fine. Chair Suarez: You want to keep going? Okay. Commissioner Carollo: Yeah. Can we move on then to RE.21? Chair Suarez: All right, let's see where we are. Vice Chair Sarnoff If we increase the mill rate, can we get Danny a power cord? What are we RE.21? Chair Suarez: Okay, RE.21. Commissioner Carollo: Yes. I'm not sure who's taking this. I think it was going to be Danny also. This is about the election cycle. We put language in there. I don't know if you all are okay with it or not. I think there needs to be the word added Punoff. "But -- Commissioner Spence -Jones: And this -- I just want to be clear. This particular item, once again, this is a saving money, once again, item. Commissioner Gort: But it doesn't say anything there. Commissioner Carollo: It could be -- it -- and I would -- Commissioner Spence -Jones: In the ballot language? In the ballot language it does. Commissioner Carollo: This is -- Commissioner Spence -Jones: In the ballot language it says a million. I think it's -- City of Miami Page 16-f Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Carollo: No. It's over a million. Commissioner Spence -Jones: Yes. Commissioner Carollo: It could be up to 1.5 million, depending if it's a citywide election. Commissioner Spence -Jones: I think the biggest concern that everyone had here, which I thought that was a suggestion, was the extended year, but we talked about doing three years? Commissioner Carollo: And it's actually 10 months. It's not even an extended year. Commissioner Gort: Oh, really. I'm not going to do it though. Chair Suarez: Well -- may I? Commissioner Spence -Jones: Um-hmm. Chair Suarez: I just have a few brief comments on this. I promise you they'll be brief Commissioner Spence -Jones: Okay. Chair Suarez: And, again, it goes back to my central point of whenever we're amending the Charter, we have to make sure that all of the different -- that we understand the ramifications of when we change one thing, how it impacts other aspects of -- Commissioner Spence -Jones: Okay. Chair Suarez: -- the Charter, okay. So this proposal would change our date of our municipal elections from November to August. Commissioner Spence -Jones: Okay. Chair Suarez: Okay. Section 4b of the Charter requires elected officials to assume office five days after the canvass of the vote, okay. Under this proposal, we would have newly elected officials assuming office in late August, a new mayor potentially, new commissioners, right in the middle of our union negotiations and one month before budget. Vice Chair Sarnoff Right. Chair Suarez: As chaotic as this is for us right now, imagine if we were just taking office, you know, right now in the next few days. So you know -- and I -- again -- and I feel for all the Commissioners because we have debated this one a lot -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- you know. And we -- and -- you know, this came to my attention, and as I dealt -- dug deeper into all of these, you know, I have drafting issues with all of them, and I think when I -- I'm sorry; just want to keep it quick -- proposed mine, I knew there were drafting issues and I knew they were going to require a lot of debate, so that's one issue. The second issue I have is the reason why we were doing this was, in part, because we wanted to save money, but also because we thought it was going to increase participation, okay. The August 14, 2010 County election participation rate was 17.9 percent. The November 6, 2009 City election participation rate was 22.42 percent. So we had more participation by having a November vote on an odd year than we would under this plan. Number three or number four, actually. Number three is City of Miami Page 165 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 basically has to do with the size of the ballot. I mean, I don't know -- and this is something that has changed in the last two weeks. I'm sure many of you have gotten calls from constituents regarding their absentee ballots and who they think they should vote for, et cetera, and we've had to talk about, you know, judicial candidates that they don't know, state representative candidates that they may not know, County Commission candidates that they may or may not know, state senate candidates that they may or may not know. So what hap -- what has happened is we've lumped federal and state elections into one year, and instead of maybe having one year where we have local elections and one year where we have federal and state elections so that the voters can think one year about their, you know, local prerogatives and then the next year about their state and federal prerogatives. If the County were to shift to an odd year, we would get the same exact savings so -- and we wouldn't have to change -- that would also resolve number four, which is the whole issue of the extra year, which I think is a controversial issue in the community. I think the Mayor had brought up a suggestion of going to three years for our next term, which I would -- I think would resolve that, but I don't think the Commission would approve that. So I think what I would like is to table this and to urge, as a legislative priority, the County Commission to go to an odd year so that we can have election years the same -- the local elections the same years as -- I'm sorry -- local elections in the same year, county and city, and then state elections and federal elections in even years so that the voters can -- they won't be confused, they won't be overburdened with a variety of different questions. So that's -- and I know I've been kind of going back and forth, and I did vote in favor of adopting a resolution to draft this language, and that's another reason why I wanted to actually see what it looked like and see how it interplayed with the Charter. But again, I think probably what was the most -- what was the strongest argument for me was the calls that I received in the last few weeks from elderly voters who just are overwhelmed by the size of the ballot. Vice Chair Sarnoff Mr. Chair. Chair Suarez: Yes. Vice Chair Sarnoff I was never going to vote for this, for an August election. Maybe having been born and pretty much from the time I was 18 years old up in New York, there was no such thing as an August election, and maybe there was no such thing as an August election because that was -- people didn't have kids in school and they start school a little bit later and it was always November elections. When I came down here and I heard there was an August election, wow, is that legal? Can you guys really do that? And I -- voter participation is vehemently different in August, and I think the County sometimes enjoys that lack of participation. And I don't ever want -- I was always impressed that the City of Miami decided that November is the election cycle, andl was more than willing to change some things with regard to a November election, but there's nothing you could do to convince me that you're going to get participation from the full electorate --the rich, the poor, the moderate, the median. There's nothing here for me, just so you know. So I'm going to make a motion to deny the resolution. Commissioner Spence -Jones: Second. Chair Suarez: There's a motion and a second. Commissioner Carollo: Mr. Chairman. Commissioner Spence -Jones: Discussion though. Chair Suarez: Yes. Go ahead. Let me recognize Commissioner Carollo, who asked first. Commissioner Carollo: Thank you. See, this is what I don't understand. We have this -- every -- other than when someone gets elected and when they actually take office, every other thing you have mentioned, we have discussed. As a matter of fact, I have been the one who's brought all City of Miami Page 166 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 these issues to the forefront. I actually brought them and we discussed them. And now all of a sudden, when we actually have even voted to draft the language, now is when we have an issue and now we're changing around, not to mention that all of a sudden the $1.5 million savings is not that big of a deal. Commissioner Spence -Jones: And this what I want to talk -- that's why I said second, discussion. Commissioner Carollo: So I don't get it. Now I'm baffled because I -- you know, again, this isn't a week, this isn't two weeks, this isn't two Commission meetings. This is -- I don't know how long this has been on there, andl brought up those same issues and it wasn't an issue then. Chair Suarez: Can I -- Commissioner Carollo: So now it seems like even after, you know -- I don't want to say wasted, but yeah, even after our City Attorney has drafted language, now it seems like everything has changed and the $1.5 million savings isn't that big of a deal anymore, yet we're proposing, you know, a possible cap on the millage increase. Chair Suarez: Commissioner. Commissioner Carollo: I don't understand these things. Commissioner Spence -Jones: Okay, let -- Chair Suarez: Commissioner. Commissioner Spence -Jones: -- me just say this, 'cause this is something definitely the City Attorneys office and the Clerk's office and Danny's office have worked very hard to pull together to figure out how we need to reduce cost. At the end of the day, we know that we have a huge deficit and we have to figure out a way to reduce our costs as much as possible. One of the concerns I know that I have received at least in my office -- and I thought maybe the three-year would kind of address it, but as the Chairman is saying that the Commissioners probably don't have the appetite for the three-year issue -- was, you know, people feeling that we were going to get the extra year. That's not really what they voted for. They voted for the four-year term; now you're giving us an additional year. And not that they don't want me as their Commissioner, but just the kind of message that sends -- there have been -- from my district's perspective, there had been some concerns about it. My biggest reason for supporting this issue was -- you know, was really focused on how do we reduce the debt. When he just mentioned -- the Chairman mentioned how an August election -- and I just want to be clear of what you just said -- brings whoever the new person is that's elected right in the heart or the middle of you know, the budget season, budget time, that it creates a problem so -- but I just want to be clear. So for me, that -- I know that -- if anyone was elected and had to come in the middle of what we're doing right now, they would be a little crazy. Just for clarity sakes -- so I know that there were several other options as a part of this. Was there not a November option? Commissioner Carollo: Before we get into that -- and just going on your topic -- like I said, I was the one who brought that issue up -- Commissioner Spence -Jones: I -- Commissioner Carollo: -- with regards to the extra year. I'll go a step further. And ifI would have known it would be going this direction -- even though I should have known because all these items kept being pushed toward the end and I'm saying, why is this happening? Why is this happening? City of Miami Page 167 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: Okay. Commissioner Carollo: There's a reason all this is being pushed to the end. But anyways, to answer as far as the extra year that I brought up, it was Commissioner Sarnoff that actually argued and said you're letting the voters decide for that extra year. That's what you had mentioned. That was -- Commissioner Spence -Jones: Right. Commissioner Carollo: -- your argument. Commissioner, you're not giving yourself an extra year. We're not giving -- Commissioner Spence -Jones: That's true. Commissioner Carollo: -- you know -- and that was Commissioner Sarnoffs argument. He said, Commissioner, we're letting the voters decide should we get an extra year or not. So -- Commissioner Spence -Jones: Okay. Can I get clarity on the November -- if the -- Madam City Clerk or Danny -- where are you, Danny? Commissioner Gort: It wouldn't be that much of a savings. Commissioner Spence -Jones: It won't be that much of a savings to a November election? Commissioner Carollo: Nope. Commissioner Spence -Jones: No? Mr. Alfonso: Commissioners, if you have a November election, the potentiality of a November runoff on your own would significantly reduce the savings potential if there's a runoff. Commissioner Spence -Jones: I mean, so -- I mean, I'm just thinking about where we are now, you know. Look what we're arguing about now in July and imagine a new person coming in that -- I'm -- we're just -- you know, that's the purpose of putting stuff on the agenda and that's the purpose -- and believe me, I'm the main one that was fighting for this issue. Commissioner Carollo: It's been on the agenda. Commissioner Spence -Jones: No, but -- my point is -- Chair Suarez: Um -um. Commissioner Spence -Jones: -- that's the purpose -- Chair Suarez: Not really. Commissioner Spence -Jones: -- of having it come back on the agenda, for us to continue to vet it out. You know, listen, at the end of the day, all these items that we present, every single last one, whether or not they're my items, your items, if someone has more information to bring to the table that outweighs our decision, then we go with what's best, you know. And it doesn't matter if it's been on there 10 times. If something -- if there's some new information that comes that was not there, that's considered to me a blessing, because the -- Chair Suarez: Particularly for Charter changes. City of Miami Page 168 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: -- worst thing we can do is get in the middle of it. And believe me, this is one of my main items that I was championing, but I can humble myself in this situation because I think the greater good -- because as a newly elected official -- if I first got elected and I came in and I was elected in August and I had to come in the middle of union negotiations and all these other issues that -- you know, trying to save, you know, people's jobs and everything else, I don't know if I could handle that. Commissioner Gort: You would have two Commissioners and the Mayor. Commissioner Carollo: Well -- Commissioner Spence -Jones: Right. Commissioner Carollo: -- the County has 13 Commissioners and they seem to handle it pretty well. Chair Suarez: No. Actually -- Commissioner Carollo: And that's with 13 Commissioners. Chair Suarez: -- the County's charter is different from this charter and that's where the difference is. In the county, elected officials don't take office until after November, even though they're elected potentially without a runoff in August. So that's what I'm getting at, which is we just passed in the last Commission meeting -- Commissioner Carollo: So (UNINTELLIGIBLE) for November. Chair Suarez: Let me finish. We just had -- we just passed in our last Commission meeting a resolution to draft the language so it's -- I've only had a little bit of time to actually read the language, okay, and that's why some of these issues come up. It's not that I'm against the principle. Obviously, I'm not against the principle. What I'm -- and I always say I'm in favor of the savings. What I'm against is rushing through a Charter amendment. And when you start to read the language of a proposed Charter amendment and you start to look at it as it relates to other charters and our own Charter, you see that you cannot rush something like this. Commissioner Spence -Jones: Okay. And then let me just add because, Frank, you just -- you, yourself Mr. Chairman, just brought up an extra point. So could we do like the County does where even though you get elected in August, but you don't officially take office till November? Commissioner Carollo: November. Commissioner Spence -Jones: Could that be a part of the amendment? Chair Suarez: I don't know. I just know that that's -- Commissioner Carollo: Yes. Chair Suarez: -- not the way that we do it now. Commissioner Spence -Jones: Right. Well, we know it's not. There's a lot of things we don't do now. But my point is -- Chair Suarez: My rec -- right. Commissioner Spence -Jones: -- you brought up the issue by -- City of Miami Page 169 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Right. Commissioner Spence -Jones: -- utilizing the County as an example. Is that something that we could do, you know, taking the same example? So that's one argument I think that we could probably -- and guess what? Now adding -- with you adding that to the equation, I feel a little bit more comfortable about a person being elected, they take you all the way through the budget, the new person comes in; they come in as of November 1. That doesn't sound too bad now, okay. But now let's deal with the other issues, which I think that -- I think is important when you have an election like this time -- you had 16 elections [sic] on the ballot now with all the judges and everything else. The question becomes will the City elections get lost in the mix of all this other stuff that's going on? Chair Suarez: I just don't think that you can draft a charter change from the dais. That's just my personal opinion. If you try it, you're going to end up in -- what we ended in now; trying to change and fix what is the mayoral recall, which was actually a mistake that was made in 1997. Had it been drafted properly in 1997, we wouldn't be trying to fix it today. So, you know, I don't even know if it would be a separate charter -- you know, a same charter question. Would it be a separate charter question to say, you know, that now the days that you take office are different days, 'cause now you're changing the election date and then you're changing the dates that the elected officials take office. Those are two separate issues. My point is we're like at the eleventh hour. We already extended the deadline once and we're debating language on a charter change. And so I just don't think it's prudent. I think we -- and, really, in deference to the Commissioner. Because a lot of what we've done with the Commissioner is said, look, we haven't really had enough time in the drafting. Let's table this. Let's continue to discuss it. It is a worthy proposal. And maybe the language can be dealt with like you suggested, in some sort of a, you know, charter review board, which -- Commissioner Spence -Jones: Yes. Chair Suarez: -- I would love to be a part of and I'm sure that everybody else would as well, and we do it all together. We do it deliberately and, hopefully, we come to consensus and move forward. Commissioner Spence -Jones: I just want to say in closing on this issue in general and -- you know, as we talk about what we must do, you know, for the new budget season, we've debated several issues to date already that will have fiscal impact on how our city survives, and it just seems like whenever it's time to make really courageous moves on issues especially that have, you know, really some real financial -- that will have a financial impact, I think that we -- you know, we tend to, you know, step back on them. I agree with you on this issue of this particular item. I don't have a problem with this becoming a part of the larger discussion. I think that that's necessary. But -- Chair Suarez: I appreciate that. Commissioner Spence -Jones: -- I just would hope that we're not making a decision off of, you know, just lumping everything all together because we want to make, you know, a point. Chair Suarez: No, I understand. Commissioner Spence -Jones: Okay, so -- Chair Suarez: And I appreciate the difference. Commissioner Spence -Jones: -- we already had a motion and a second on the item. I don't City of Miami Page 170 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 know if there's anything else that needs to be said, Mr. Chairman, on this issue. Chair Suarez: I don't think so. I don't have anything else to say on it. All in favor, sign by saying Eye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. Commissioner Spence -Jones: So that's $1.5 million we just lost so -- Commissioner Carollo: Hold on, hold on, hold on, hold on, hold on. Let's go back. I thought -- Chair Suarez: It was a motion to deny. Priscilla A. Thompson (City Clerk): It was a motion to deny. Commissioner Spence -Jones: Deny. Commissioner Carollo: No, no. I reconsider. Chair Suarez: You want to change your vote? Commissioner Carollo: Yes. Chair Suarez: Okay, can he change his vote or do we have to reconsider it? We haven't gone to the next vote so -- Ms. Thompson: No, no, no. Chair Suarez: -- I think -- I believe that the rule state that he can change his vote before we move to the next item. Ms. Thompson: And because of the uncertainty, okay, of what trans -- Chair Suarez: You want us to revote? Ms. Thompson: No, no, no. I mean, I would like to re -- Commissioner Spence -Jones: Just state it back on the record. Ms. Thompson: Making sure that the voters understand what the motion is, so -- Commissioner Carollo: Who made the motion? Ms. Thompson: The motion -- Chair Suarez: The motion was -- Ms. Thompson: -- to deny -- Chair Suarez: -- made by the Vice Chair. Ms. Thompson: -- was made by Vice Chair Sarnoff -- City of Miami Page 171 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Second by Commissioner -- Ms. Thompson: -- seconded by Commissioner Michelle Spence -Jones. So the motion that you were voting on was to deny the Charter amendment resolution that was before you. Commissioner Carollo: I want to register a no. Ms. Thompson: Okay, so we have -- Chair Suarez: Okay. Ms. Thompson: -- it at 4-1. Is that correct? Chair Suarez: Thank you. Ms. Thompson: Thank you. RE.22 RESOLUTION 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. _; 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 Gort, that this matter be ADOPTED FAILED by the following vote. Votes: Ayes: 2 - Commissioner(s) Carollo and Spence -Jones Noes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Chair Suarez: Sir. Commissioner Carollo: Thank you, Mr. Chairman. RE.22, we discussed it in the last Commission meeting. And, in essence, the Charter has language that brings protections to the City when it deals with properties. However, there are loopholes. And what I am asking is to let the voters decide if they want to remove the loopholes so the City can follow its Charter and therefore frx an issue that we've had in the City where it's not maximizing its revenues with its properties that it owns. And therefore, you heard just the discussions a few -- a while ago with City of Miami Page 172 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 all the unions and the issues with our finances. So, you know, if we actually get fair market value or what the Charter says that we should get for our properties instead of giving them away -- for instance, like with the Marlin stadium; there was a lot of criticism about that. So instead of just giving away land, if we actually get fair market value or what the Charter says for it to do without this loophole that I'm trying to remove or that I'm asking for us to let the voters decide if they want to remove, then hopefully we won't have to struggle with regards to raising taxes or not or deeper cuts to our employees or not. Thank you. Chair Suarez: Thank you, Commissioner. Is there anyone else who would like to speak on this item? Let me just say -- and I'm going to try to keep my comments very, very brief 'cause I think I won't -- you know, I spoke about this issue and the other ones at length before. What I had requested from the City Administration -- I want to thank them for doing their very best to provide it as quickly as possible. I didn't get it 'til actually, I think, Monday, which of course, is within the five days, but you know, out of respect for the Commissioner, I'm not going to invoke the five-day rule for getting information that I requested prior to the -- in last Commission meeting. But what I was worried about was when you change a charter, it is a fundamental change to your governing document that cannot be easily undone. And when I actually got the properties that were sold and leased under this charter provision -- first of all, I mean, I'll be honest with you. I haven't been able to look and see every single one. I mean, there's -- in one case, there's 12 pages of properties that have been sold under this provision and 26 different leases; 77 of which are for water and sewer, which have to do with basic infrastructure; 49 go to Southeast Overtown/Park West for things such as affordable housing; 39 to the MPA, Miami Parking Authority; 12 to the Miami -Dade Community -- to the Miami Dade College, I'm sorry; 10 to the Florida Department of Transportation for infrastructure for transportation stuff. So I mean, my issue is and the reason why I can't support this is because I just don't think that the adequate due diligence was done and I think we have a responsibility before offering a charter amendment to do that due diligence. You know, I went through everything, and I know that there are, by the way, examples of this provision being abused, and I think I'm very sympathetic to the Commissioner in his perspective. And I think it's been abused in a variety of different ways. And I am committed to him to continuing this effort to find out how it's being abused and how we can stop it from being abused. But you know, I just simply -- with the short time that we have, I don't feel that that's the proper way to amend our Charter. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: Thank you for that. And you know, I appreciate the same courtesy that, you know, I applied to another Commissioner today that be applied to me 'cause, yeah, the information was given to us on Monday. But at the same time, I still feel very strong about this because, realistically, I heard a lot of people criticize deals that we've made. And the one that, you know, really comes to mind that everybody knows about and we've heard about and we've heard all the criticism was Marlins stadium. You know, it was a bad deal, you know, and all this stuff, yet, there's no clear solutions. Well, you know, this will be a solution. This will -- actually would have made us have to get fair market value for that land. And all I'm saying is follow the Charter. With regards to the information that we received, there are a lot of mistakes here. For instance, the CRA (Community Redevelopment Agency), this doesn't apply to CRAs. CRA is an exemption. With regards to the affordable housing, affordable housing is an exemption. It wouldn't apply to affordable housing, so it should have never even been here. So the bottom line is, you see the gist, the intent of what I'm trying to do, and I really think this will solve a lot of the issues that we have where, realistically, the City of Miami is not receiving fair market value, you know, of its most, you know, pristine, it's most, you know, beautiful properties that, you know, we really should try to use in order to be able not to have to raise taxes or to make those deep cuts in order to balance our budgets. City of Miami Page 173 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Commissioner Gort. Commissioner Gort: Does this exempt social service agency also? Commissioner Carollo: I'll let the City Attorney answer that. Commissioner Gort: 'Cause let me tell you, I feel that every time we going to rent someone, like a social service being provided -- and that's something I want to discuss later on about one of the -- in my district that providing services and a hell of a services in my district and somebody spoke about it today. So I want to make sure -- I want to bring out the benefit that that social service is provide to the district and to the people that most need the help from the government. We have certain responsibilities to social services also -- Commissioner Carollo: No. Commissioner Gort: -- and I think that's very important. 'Cause if we didn't have those social services, we would have worse problems then. Commissioner Carollo: Absolutely. Absolutely, Commissioner. But listen, with the Marlins stadium, there was no social services. With regards to -- and we saw it recently. Commissioner Gort: The Marlins was -- Commissioner Carollo: With regard -- Commissioner Gort: -- a deal that we were not involved, that was not the City Commission; it was somebody else. So let's not -- Chair Suarez: And by the way -- Commissioner Carollo: Well -- Chair Suarez: -- the Marlins deal could have been done with or without this charter provision. We, as a City Commission -- our predecessors decided to invoke that charter provision. They could have done the Marlins deal without invoking that charter provision. This is just simply a bow in the quiver and something that you can use or not use. And I think you brought up an example in the last Commission meeting -- or somebody did -- of Miami Marine Stadium and the possibility of it being invoked for Miami Marine Stadium. Well, that's an option that we have. We can prevent this exemption from being used. We have that authority. It doesn't -- just because it's there doesn't mean we have to use it. And so we have the power to deny it. And I think we should, by the way, have that conversation soon and give clarity to the group that has been given the right to try to find a solution to that problem because if they're not going to be given that ability, then they should know about it very clearly. Commissioner Carollo: Well -- and again, you know, I'm open to the dialogue about it. All I'm saying is, you know, let's let the City, you know, that owns the resources, you know -- I don't want to say for once -- but more often than not actually receive its fair share of what that property's worth. That's all I'm saying. Chair Suarez: No. Commissioner Carollo: And actually, I'm saying, you know what, let's not even us decide. Let's put it for the voters so they can decide. And I'll give you another example ana you know, I hate to start, you know, throwing out all these examples, but the heliport -- and it might be a great thing, you know, choppers landing and for the tourists and so forth. But realistically, we're City of Miami Page 174 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 talking two point something acres of waterfront property that the City of Miami is going to receive not one penny, the general fund is going to receive not one penny. When we saw the police officers come up here, when we saw the firefighters come up here, when we saw the general employees, the solid waste employees, they're not going to get one cent for -- to pay their services, which, by the way, is our most essential services, you know. And I think everyone here would not argue that when there's a crisis, we either call the police, we call our firefighters, and that's our most essential services. And I just can't believe that because this loophole was used -- and I understand, yeah, from the past it was approved or whatever. But because this loophole was used, you know, two point something of waterfront property on Watson Island, the City of Miami is not going to receive one cent for its general fund to pay for police, to pay for fire, to pay for solid waste, to pay for general employees for at least 30 to possibly 50 years. Chair Suarez: And -- okay, and I -- my whole point is you can't throw the baby out with the bathwater. I agree with your argument. I think you're making a very, very compelling argument. I think the problem is that we had the ability as a Commission to stop that from happening. We decided to allow that to happen. That was what the political body -- the political will at the time was. So -- but the fact that we have to -- you know, that we deed these properties to Water and Sewer for our water mains, I mean, that's infrastructure for the City of Miami. I mean, that's a very benign -- you know, there are examples of outrageous, but there's also many, many, many more examples of things that are benign. So what I'm trying to get at is, you know, the proper due diligence in terms of analyzing every time that it's been used -- look, like you just said right now, you pointed out that we got a list of a bunch of things and you're saying there's a bunch of them that are not eligible. So I got that list on Monday. I'm supposed to go through this and make a responsible decision on whether it should go before the voters or not. Commissioner. Commissioner Spence -Jones: Let me just ask this question so we're all on the same page. I mean -- and maybe this is, more a less, a question that the City Attorney just needs to clarify on her end -- or more or less you -- or maybe you can give me some clarity on it. Is the intent to not have, you know, these outside agencies or city -based agencies, like MSEA (Miami Sports & Exhibition Authority), to become the pass -through to prevent these past deals that we've had that have basically -- essentially taken money out of the pockets of the City? And now you're saying Commissioner Carollo: Absolutely. Commissioner Spence -Jones: -- let's -- so the one line that you're asking to be removed on this now says that we can no longer use one of those agencies to do it, right? Commissioner Carollo: Absolutely. Commissioner Spence -Jones: Okay. So, Francis -- Mr. Chairman -- Chair Suarez: Yes. Commissioner Spence -Jones: -- just so I'm clear -- Chair Suarez: Yes. Commissioner Spence -Jones: -- your concern is -- Is your concern more about -- Chair Suarez: 171 try to answer it quickly. Commissioner Spence -Jones: -- you having enough time to really digest this? Chair Suarez: Yes. City of Miami Page 175 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: So I don't think -- so you're not necessarily disagreeing to Frank. Chair Suarez: Correct. Commissioner Spence -Jones: Okay. Chair Suarez: That's right. Commissioner Spence -Jones: What -- Chair Suarez: That's true. Commissioner Spence -Jones: You understand that, Frank. Chair Suarez: Yeah. Commissioner Spence -Jones: He's not disagreeing with -- Chair Suarez: Right. Commissioner Spence -Jones: -- what you're proposing. He's just simply saying -- Chair Suarez: Right. Commissioner Spence -Jones: -- that unlike the other items that we may have had on here as far as charter discussions, we've had a longer time to digest it. And as a matter of fact, I believe that -- I'm not going to put words in your mouth, but Francis, you're even open -- Chair Suarez: Absolutely. Commissioner Spence -Jones: -- to us working through these. Chair Suarez: Absolutely. Commissioner Spence -Jones: And I know that in our -- Chair Suarez: Of course. Commissioner Spence -Jones: -- last meeting we talked about -- Chair Suarez: We did. Commissioner Spence -Jones: -- you know, let's work on several charter amendments and we still have next year -- Chair Suarez: Absolutely. Commissioner Spence -Jones: -- you know, to come back -- Let me just -- I'm just -- what I'm trying to do is just trying to find some common ground -- Chair Suarez: I agree. Commissioner Spence -Jones: -- because I think that you guys are really not disagreeing. I think that what Francis is really -- I'm sorry, Mr. Chairman is saying is that he just feels like we need a City of Miami Page 176 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 little bit more time to kind of vet out the process. Chair Suarez: Yeah. It's no different, I think, than the argument he made earlier on an issue with a contract for -- I think it was the Melreese golf course. It's -- that's just a contract. I mean Commissioner Spence -Jones: Yeah. Chair Suarez: -- that's a contract that, you know, we vote on and then, you know, we can, I suppose after a year maybe, if it's a revocable contract, we can revoke it. But in this particular case, we're talking about a charter amendment so that's even -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- it's even deeper and it's a deeper change. And what I'm saying is I got a list with 12 pages worth of doc -- you know, of properties and 26 leases that I haven't even had a -- I just was able to do some quick math on how many transferred to one place. I can't tell if there's rampant abuse. I can't tell if it's something that maybe we can have a little bit less of a broad change -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- maybe a super majority, you know. There can be other ways that you can tweak the Charter, but I just don't think that the way that this was presented gives us sufficient time to do what we're -- to make a responsible decision. Commissioner Spence -Jones: And -- Commissioner Carollo: And by the way -- ifI may? Commissioner Spence -Jones: Can I just finish my thought? Thank you. So I just want to tell -- from what I'm hearing from the both of you guys, you both are right. Frank is right because this is an issue and it's not like in the last -- at least the last year I've been back that we have not had issues around major contracts, major deals, you know, where we voted on items and, quite frankly, these agencies have been used in a manner that we could have gotten more out of the deal. So we all agree that that's the case. But Frank, at the same time, we have to also agree with Francis, you know. You're one of the main people up here when we have a discussion about something that if you're not really clear about the item, you want to make sure that you have enough time to really vet it out and be comfortable with it before you vote on it. Yes, there are times when we vote on it no matter what, but in this instance, we've only had really one Commission meeting to really address this particular issue, you know what I'm saying? We haven't had like three or four or five, sometimes six times we might even bring items back just to make sure that you're comfortable with them before we vote on them. So tomorrow is the 20, what, 7th, Johnny? Commissioner Gort: Yes. Commissioner Spence -Jones: Right, which means you have to get it to the County by when? Mr. Martinez: Tomorrow morning. Commissioner Spence -Jones: Tomorrow morning. So unless some miracle falls out of the sky, I don't think that the Chairman is ever going to be really comfortable with this item. And I'm going to be honest with you. I think any charter amendment that we do, it should be a 5-0 vote because we should all be on the same page about what we're asking voters to do, you know. And City of Miami Page 177 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 I don't think we're going to have -- Chair Suarez: By the way, that could be a charter change too. You can change the Charter to say that. Commissioner Spence -Jones: Okay, but my point is I think it's really important for us, before we make this kind of decision, that we all be on the same page and not have major questions in our minds about it. And you know I support you, Frank. You know, you had three or four charter items and if -- and I think that you have another one coming up, ifI'm not mistaken. But I think more so than any of the other ones, I know I was a little stronger on this one than the other one that did not make it to this agenda. But you still have a colleague that's saying, what a minute. I really need to vet this out. And I don't know if -- I would like to hear at least from my other two colleagues if they feel that it still needs to be vetted out more as well. Chair Suarez: Mr. -- Commissioner Gort. Commissioner Gort: Mr. Chairman, the -- if the problem is MSEA, that's very simple. We do away with MSEA and that's it. Chair Suarez: Which is what I said. Commissioner Gort: And we were elected to make the decision. And by the way, Watson Island, the problem we have on Watson Island, it was voted by the people. It was a project that was taken -- oh, Watson Island was not voted? Parrot Jungle was not voted by the people? The other item that was here before was not voted by the people? Chair Suarez: Flagstone. Commissioner Carollo: No, the heliport was never voted by the people (UNINTELLIGIBLE). Commissioner Gort: That's the only one, the heliport. That's it. But if that's the problem, we can do away with -- the other ones, the major ones, the two major ones was voted by the people because of the recommendation that was given by the people sitting here. So what I'm saying is, if the problem is MSEA, let's do away with MSEA and we'll go straight. No problem. Commissioner Carollo: And Mr. Chairman, the problem is -- Chair Suarez: Yes. Commissioner Carollo: -- that it's not only MSEA because with the Marlins, I don't think MSEA was involved. Chair Suarez: It was Miami -Dade County. Commissioner Carollo: Right, it was with Miami -Dade County, so it's not only MSEA. However, MSEA has definitely been an instrument that has been used. And in all fairness, I don't think it's a small area, that two point something acres of waterfront property. Yeah, that's the only one, but guess what, two point something acres of waterfront property can generate a lot of revenues. So -- and like I said, Mr. Chairman, and I'm the one who said, yeah, a lot of the ones that are here, out of all these numbers of pages, a lot of them are wrong. They shouldn't even be here. However, what's very telling that out of all these properties that you see here, when you see sales amount, when you see rent amount, you see a lot of zeros. The City got nothing. So of all those properties you're seeing, City got nothing and that's a problem because these are waterfront properties. These are our most valuable properties and we should get at least fair market value. At the very least what I'm saying, let's follow our Charter. Let's follow City of Miami Page 178 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 our Charter. Let's not use this loophole so -- Chair Suarez: But we have the right to do that. We don't have to use the loophole is what I'm trying to say. Commissioner Gort: Of course. Chair Suarez: We don't need -- the loophole exists -- it could be used or it could not be used, and we have the right not to use it. We can say, listen, on this property, we don't think it should be transferred to a governmental instrumentality, we should get fair market value, we should go through the process, and we have every right to do that. Commissioner Carollo: However, I do think we should eliminate this loophole 'cause it's already come back to haunt us in quite a few deals. Chair Suarez: Well, I could tell you, I'm willing to consider it and I'm willing to keep talking about it and discussing it and doing my due diligence to see if it's really a problem that merits a charter change. Commissioner Spence -Jones: Commissioner Sarnoff, I'd like to hear from you on the issue. Vice Chair Sarnoff. You know, I don't like legislating our discretion away. I think -- I didn't like the Marlins vote. I was the two -- I think it was two against and three for, but that was the world we lived in and that's the legislative process. I understand Commissioner Carollo's point, you know. I'm also aware of the fact that this will take away an opportunity for the Marine Stadium. I don't know if that's his intention. I said it before -- I don't mean to repeat myself -- the Mayor did two State of the City addresses and mentioned Marine Stadium. I'm on a committee because Commissioner Gort graciously put me on a committee, and we've spent some time on it. We'll spend some more time on it. If this passes, that time is spent for nothing. It comes back to this Commission. You will make the decision; are we taking too much land? Are we doing this? Are we -- is it worth keeping Marine Stadium around? Is it worth this reuse? You know, I said something before, Commissioner Spence -Jones. California does not trust its state legislature so they pretty much have referendized, I think, almost -- it's either 81 or 90 percent of their budget, so their discretion is between -- I don't know if it was 9 or 19 percent of their budget is what they get to decide. You know, it's a shame that that's where they are, and I don't want us to get to a place that we can't make decisions when somebody comes up with a good project and you have to exercise your decision. I mean -- so I -- you know, I don't think I'm going to vote for this right now simply because I would have liked to have seen this come into a more judicious process. I would have liked more time to study it. And I don't mean really study it and not think about it. I want to see the parameters of this. I want to see -- I'd like to see what happens with Marine Stadium. I'd like to give them the six months I think this Commission gave them to come up with -- For you to say, are you kidding me? That's too much land. There's no way you should give them that much land or -- You know what? That's got to be a profit center to offset the hard costs that need to be put into that stadium, andl think this is a citywide issue. I think this is a citywide project, and I'm willing to give them that land. And yes, every piece of land that you don't get fair market rent for or you divert that money to a -- I hate the word not for profit, but let's use the word for the stadium -- Commissioner Spence -Jones: Charitable. Vice Chair Sarnoff -- if you will, that you've determined is in your interest and your -- the City's interest to keep -- to finally restore. You pass this ordinance, it won't happen. I'm sorry, you pass this resolution to put in front of the voters and it won't happen. And I think there are some things that are hard to understand to the voters. I'm not calling them, by any stretch of the imagination, not capable of doing it. But in a 15-second radio ad, I don't think you really City of Miami Page 179 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 understand anything, and I don't think a lot of money will be spent on TV (Television) on this. And I think what happens, as these Commissioners know well, when it comes to radio, people will pay to make sure their perspective gets out there, and I don't know that it's a really fair and true perspective. But that's the danger of any referendum, especially a more complicated one. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, Commissioner. Commissioner Carollo: And I'm glad you said that that's the -- realistically, the danger of any referendum. And I get your gist because there are 30 second and 60 seconds and 30-minute shows and so forth, but I get your gist. But with that said I mean, how is this going to jeopardize Marine Stadium? Vice Chair Sarnoff. Well, then -- I -- Commissioner Carollo: How is this going to jeopardize Marine Stadium? Commissioner Spence -Jones: Because it has to come back in front of us -- Commissioner Carollo: Other than -- Commissioner Spence -Jones: -- they have to come back in front of us in six months. Chair Suarez: Absolutely. Commissioner Carollo: Right. They have to come back. Commissioner Spence -Jones: And this is voted on at this point now, it would be the charter's already changed so everything now goes into -- and you know how I feel about the Marine Stadium project, period, so -- Commissioner Carollo: Right. Commissioner Spence -Jones: -- I would be siding on your side in this instance. Chair Suarez: And I very well might be as well. Commissioner Spence -Jones: Right. But I think that regardless of whether or not us going back and forth, I think what you're hearing from each one of the Commissioners is that we need to really vet it out more. And even if I supported you on the -- supported your item, Frank, you're not going to have the other votes on this issue, you know what I mean? They're kind of basically telling you in a nutshell that they need to vet it out and I think they've only had one meeting to vet it out, correct? Now the other item, the trying to save a million dollars on the voting issue, how many times have we talked about that? That's been on the agenda for like at least six months. Commissioner Carollo: Yeah, but there's been lots of items that has been on the -- on -- Commissioner Spence -Jones: I know, but this -- but not a lot of them going in front of voters to vote on. I guess what -- Commissioner Carollo: Unfortunately. Commissioner Spence -Jones: -- and -- right -- And I think what -- City of Miami Page 180 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Carollo: Unfortunately, 'cause some -- Commissioner Spence -Jones: -- the Chairman is trying to say, that this has risen to a whole nother occasion when you're talking about making a charter amendment. This is a big step. Commissioner Gort: We have other amendments. Commissioner Spence -Jones: Right. So my suggestion, Mr. Chairman -- and I'm going to shut up after this -- Chair Suarez: Yes. Commissioner Spence -Jones: -- but my suggestion is that I do think you need to put together, Mr. Chairman, some sort of charter reform ongoing committee -- Chair Suarez: I have no problem doing that. Absolutely. Commissioner Spence -Jones: -- so that we can start working -- Chair Suarez: Would love to do that. Commissioner Spence -Jones: -- now -- Commissioner Gort: On all the changes. Chair Suarez: And we can do it as sunshine meetings, you know -- Commissioner Spence -Jones: Right. And I think that maybe we -- Chair Suarez: -- and look at all these issues. Commissioner Spence -Jones: -- should direct the Administration -- Chair Suarez: Sure. Commissioner Spence -Jones: -- and when we come back in the fall, let's begin that motion so that we can start. Chair Suarez: I think that's a great idea. I mean, I think -- I learned that kind of the hard way with my own charter amendment. Commissioner Spence -Jones: You said you weren't going to mention your charter amendment. Chair Suarez: No. I said I wasn't going to talk too long. But I kind of learned that the hard way, so I think I agree with that. Commissioner Gort. Commissioner Gort: Well, I've been asking for a while for the Administration to look at the charters that we have, the -- some of the charter amendments, they're very old. They're not really could be applied -- to look at it. We need to revise them. We need to change them with the times, and I think we need to have the Charter amendment review board and come up with the suggestions, just like they did in the County. Chair Suarez: Agreed. City of Miami Page 181 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Carollo: And Mr. Chairman. Chair Suarez: Yes, sir. Commissioner Carollo: I do want to say that although I listen to my colleagues and I understand what you're saying, I still would like to take a vote on this. I may not have the support, but I still want to take a vote on this. And I'll be honest with you because let's say it -- we do take a vote and it's voted down, that's fine. But at the very least, I'm trying to make a point that -- and in a way, I think we will be a lot more -- it will be a lot more -- it will be looked at a lot more whether in the near future because it may not go for another referendum in a year or two years, and I want to make sure that any time some of these properties do come before us, the right decisions are made and, realistically, we don't just give away property like we have in the future. So even if -- I want to take a vote. I'm going to make a motion. I don't know if I'll even get a second. But the bottom line is, I think we should take a vote because if, at the very least, I could either prevent something from happening in the near future or, at the very least, everybody knows that if this does happen again, I'm going to say, hey, what I proposed would have solved the issue. So I think it's very important to take a vote on this because the truth of the matter is I'm just frustrated how we give away, you know, our most pristine properties, our most precious properties, waterfront properties. Chair Suarez: Well, let me just say that there is another process for amending the Charter. Commissioner Gort: How (UNINTELLIGIBLE) properties we giving away? Chair Suarez: There is another process for amending the Charter, which involves a petition and does not necessarily involve Commission action. So there's always the possibility that if there is an idea that one Commissioner or someone in the general public feels is extremely popular and is being ignored or for whatever reason, they always have the option of petitioning to the voters of the City to try to get it. It's something I've considered doing with my charter amendments and may do in the future, you know, ifI can't get the support of my colleagues. But that's just another avenue to also amend the Charter, and it involves kind of the democratic process as well. Commissioner Gort: Mr. Chairman, I request from the Administration -- I did not receive the copy of the properties. At the same time, I want to know the result, how many properties we have given away, okay? Thank you. Commissioner Carollo: And with that said Mr. Chairman, I will make a motion to approve RE.22. Chair Suarez: Okay. There's a motion by Commissioner Carollo. Is there a second? Commissioner Spence -Jones: I will -- Commissioner Gort: I'll second it for a vote. Commissioner Spence -Jones: -- second it. Chair Suarez: Okay. There's a second by Commissioner Gort for a vote. This is a reso, so it's just a straight vote, correct? All in favor, signdy by saying aye." Commissioner Carollo: Aye. Chair Suarez: No. Commissioner Spence -Jones: No. City of Miami Page 182 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Vice Chair Sarnoff No. Chair Suarez: Commissioner Gort, what's your vote? Commissioner Gort: The vote is no. Chair Suarez: Okay, so 4-1. The nays have it. Commissioner Carollo: No, 3-2. Chair Suarez: Did you vote no or yes? Commissioner Gort: Repeat it again. Commissioner Spence -Jones: I voted in support of Frank. Chair Suarez: Why don't we do --? Commissioner Gort: Wait a minute. This is second reading. Chair Suarez: Okay. Commissioner Gort: This is the -- Chair Suarez: Okay, 3-2, my apologies. I didn't hear -- I thought you -- Commissioner Spence -Jones: Okay, can we --? Chair Suarez: Let's do a roll call. Commissioner Spence -Jones: Madam City Clerk. Chair Suarez: Let's do a roll call. How 'bout that. Commissioner Gort: RE.1. Do a roll call. Commissioner Spence -Jones: And the vote is, Do we support this item? Chair Suarez: Correct. Commissioner Carollo: Yes. Commissioner Gort: Right. Chair Suarez: Roll call. Ms. Thompson: Your roll call -- Chair Suarez: This is what we should have done. Ms. Thompson: -- on RE.22. Vice Chair Sarnoff? Vice Chair Sarnoff No. City of Miami Page 183 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes, with the understanding that I'm supporting your -- Chair Suarez: Idea. Commissioner Spence -Jones: -- idea. Chair Suarez: The concept. Ms. Thompson: Then we have Commissioner Gort? Commissioner Gort: No. Ms. Thompson: I'm sorry. Just one second. Okay, Commissioner Carollo? Commissioner Carollo: Yes. Ms. Thompson: And then Chair Suarez? Chair Suarez: I also support the concept, but I vote no on the resolution. Ms. Thompson: So that the motion fails 2-3. Chair Suarez: Thank you. Commissioner Carollo: Thank you. RE.23 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 Commissioner Spence -Jones, that this matter be WITHDRAWN PASSED by the following vote. City of Miami Page 184 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 RE.24 12-00748 City Commission Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Sarnoff RESOLUTION 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 Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Sarnoff RE.25 RESOLUTION 12-00796 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY AND BOND COUNSEL, TO EXECUTE ANY AND ALL NOTICES, AGREEMENTS, AND OTHER DOCUMENTS NECESSARY TO EFFECTUATE THE REDEMPTION ON OCTOBER 1, 2012, OF ALL OF THE CITY'S OUTSTANDING COMMUNITY REDEVELOPMENT REVENUE BONDS, SERIES 1990; APPROPRIATING NOT TO EXCEED $1,229,975.00 FROM THE FISCAL YEAR 2011-2012 PREVIOUSLY BUDGETED AMOUNTS FROM ACCOUNT NUMBERS 28001.162000.771000, 28001.162000.772000, AND 28001.162000.534000 TO PAY ALL PRINCIPAL, INTEREST, AND COSTS/FEES RELATED TO THE REDEMPTION OF THE SERIES 1990 BONDS. City of Miami Page 185 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 12-00796 Summary Form.pdf 12-00796 Legislation.pdf 12-00796-Scrivener's Error Memo.pdf 12-00796-Exhibit 1-SUB.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-1 2-0288 Chair Suarez: I'm thinking of going to RE.25 and trying to knock out the PZ (Planning & Zoning) items, which seem like they're going to be short. Commissioner Spence -Jones: Okay. Commissioner Carollo: Well, hold on. The only thing is that we got Charter amendments, and I don't want Commissioner -- Commissioner Spence -Jones: Don't want to lose any -- Commissioner Carollo: -- Spence -Jones to leave. Commissioner Spence -Jones: That's fine, but I think these are like -- Chair Suarez: Yeah. Commissioner Spence -Jones: -- these look like a quick -- some -- Chair Suarez: I think the one -- the other ones -- Commissioner Spence -Jones: -- quick second things. Let's get them out of the way. Chair Suarez: Right. Commissioner Carollo: Okay. Chair Suarez: Okay, RE.25. Stephen Petty: Steve Petty, director of Finance, City of Miami. This is in reference to the defeasance of a City bond which is the Community Redevelopment revenue bonds, Series 1990. This is -- Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner Spence -Jones. Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. Any further discussion? Vice Chair Sarnoff Yeah. I'm going to be candid with you guys. I don't think I understood this. Commissioner Spence -Jones: Where's Janice? Is she --? City of Miami Page 186 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Can you put something on the record that explains this more thoroughly, please? Commissioner Carollo: And would that be enough for Commissioner Sarnoff 'cause, if not, I'd rather -- Chair Suarez: We'll get you there. Commissioner Carollo: -- go into some of the other items that -- Chair Suarez: Table it or defer it? Commissioner Spence -Jones: Okay. Commissioner Carollo: 'Cause I know we're going to lose Commissioner Spence -Jones. Vice Chair Sarnoff You mind, I mean -- I just -- it was tried to be explained to me. I think this is the one I couldn't understand. Commissioner Spence -Jones: Yeah. I know that -- Mr. Petty: This is -- Commissioner Spence -Jones: -- I know you -- both you guys briefed me on this, right? Mr. Petty: Yep. Commissioner Spence -Jones: Janice, I don't know if you want to add anything. I just know you was excited that it was getting done. Janice Larned.: I apologize. Janice Larned, assistant City Manager, chief financial officer. I did not hear the question. I apologize. Commissioner Spence -Jones: I said I know you was excited about this being paid off or being handled. Chair Suarez: No. The Vice Chair asked what this issue was about because he didn't understand it in the briefing. Vice Chair Sarnoff This is the issue I asked you. We bought a car for $5, 000; we paid back $3, 000. We sold a car. I don't understand what we're paying back and I don't understand what was originally purchased. Ms. Larned: The $11.5 million that was issued in 1990 was to refund a HUD (Department of Housing and Urban Development) Section 108 loan that had been authorized by resolution in 1983 for approximately $5.9 million. The other portion of the $11.5 million bonds was used to reimburse the City $700,000. The remaining portion, which be about -- little less than $5 million, was to purchase land Vice Chair Sarnoff. And do we have that land today? Ms. Larned: There is further documentation in 1996 whereby the City was to transfer assets to the CRA (Community Redevelopment Agency), and there is a warranty deed listing properties that were in the City's name to be transferred to the CRA. Vice Chair Sarnoff. Do we still possess in the CRA these properties? City of Miami Page 187 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Ms. Larned: That I do not know. At the time of the authorizing resolution, the CRA was given the authority to lease the properties to develop the properties, and I don't recall if it was to sell, but if you don't mind, I will refer to my notes real quick if you would like? Commissioner Spence -Jones: You want to just table it so she can get it, then we can move on to something --? Vice Chair Sarnoff. You know, there were two of these in the past, I believe, two or three Commissions. Commissioner Spence -Jones: Right. Vice Chair Sarnoff And it's not that -- I just -- I don't understand it enough to vote for it. Chair Suarez: We could -- Commissioner Spence -Jones: Okay. Chair Suarez: -- defer it if you want. I mean, is it something that --? Vice Chair Sarnoff I mean, I don't know if any -- you know, to me, like I said, I try -- we bought a car -- Commissioner Spence -Jones: Is this something that we can -- that we need to handle today? Can we defer it to September? Is there like a time sensitive issue on this? Ms. Larned: It is a time sensitive issue. Should the CRA wish to move quickly in the issuance of their -- Commissioner Spence -Jones: Oh, no. Ms. Larned: -- $50 million bonds -- Commissioner Spence -Jones: Yes. So we can table it and you can get more information on it, but we need to move on this. Vice Chair Sarnoff I just -- she was getting there. I just need the rest. Commissioner Spence -Jones: Right. I think what she was talking -- but your main question, which she doesn't have an answer for -- Vice Chair Sarnoff Right. Commissioner Spence -Jones: -- which is what properties. So I think she needs to research that. So we should table it and come -- have her come back on that. Vice Chair Sarnoff. Okay. Commissioner Spence -Jones: Not that I'm chairing your meeting. I'm just trying to make sure -- Chair Suarez: Hey. Commissioner Spence -Jones: I know Frank definitely wanted to make sure -- City of Miami Page 188 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Go for it. Commissioner Spence -Jones: -- we're talking about his items before I leave, so -- Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, you're recognized. Commissioner Carollo: Maybe around 6:30 -- when we take a little break from 6:30 to 7 for dinner and within that time (UNINTELLIGIBLE). [Later..] Vice Chair Sarnoff. Where are we? Chair Suarez: Okay, we're back to the millage. Commissioner Spence -Jones: No, we -- let's do RE.25. I want to make sure Overtown's situation Chair Suarez: Oh. Commissioner Spence -Jones: -- gets resolved -- Chair Suarez: You're right. Commissioner Spence -Jones: -- so we can finish that. Chair Suarez: RE.25. Commissioner Spence -Jones: Janice, is she here? Chair Suarez: It was tabled. Commissioner Spence -Jones: I know you've been researching all day, right? Ms. Larned: And then some. Janice Larned, assistant City Manager, chief financial officer. I have a recap of the history for what the HUD loan and the bond proceeds were used for. Before I go down that, again, I want to bring back to the point that the request is for the defeasance of the bonds, and that in our analysis, what we found was that we will be saving $600, 000 over the next two years by paying these bonds off now at this time. So going back to the history, in 1998 [sic] there was a resolution for the HUD loan -- Vice Chair Sarnoff Nineteen what? Ms. Larned: Sir? Vice Chair Sarnoff. I just couldn't -- 1998 you said? Ms. Larned: 1983. Vice Chair Sarnoff. Eighty. Ms. Larned: Did I say '90 --? Wow. My apologies. 1983. City of Miami Page 189 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Vice Chair Sarnoff. 1983. Ms. Larned: Yes, sir. Commissioner Spence -Jones: Were you here? Ms. Larned: The HUD loan was for $5.9 million, and it was for the Miami Arena subdivision. 1990, there were bonds for $11.5 million. Commissioner Spence -Jones: Wow. Ms. Larned: Five point nine million dollars was used to refinance the HUD loan; seven hundred and fifty thousand dollars was used to reimburse the City for its costs. That left about $4.85 million that were to go -- Chair Suarez: Sorry? Vice Chair Sarnoff. How much? Ms. Larned: Four point eight five million dollars. Vice Chair Sarnoff Okay. Ms. Larned: And that was to go for land purchases for five blocks and one track, again, within the Miami Arena area. That was through an interlocal agreement that authorized the issuance of the bonds, pledged the TIF (Tax Increment Funds) revenues, and that those lands could be sold or leased for development. In 1996 there was a warranty deed transferring 48 parcels from the City to the CRA. Chair Suarez: There's a motion and a second on this item already. Vice Chair Sarnoff. That's it? That's it? Ms. Larned: Yes, sir. Vice Chair Sarnoff And do we know where those parcels are today and what's going on with them? Ms. Larned: I have a list of the parcels. No, sir, I do not know what is on those parcels today. I know that that was transferred in 1996. Commissioner Gort: I think it was that big development that was built, the condominium. Commissioner Spence -Jones: Poinciana Village -- Commissioner Gort: Poinciana Village. Vice Chair Sarnoff Is that all Poinciana? Commissioner Spence -Jones: -- sits there now. I know a lot of it was. Vice Chair Sarnoff. A lot of it was? Commissioner Spence -Jones: Yeah. City of Miami Page 190 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Vice Chair Sarnoff Okay. Commissioner Gort: Yes. It was the Arena involved also, Miami Arena. Vice Chair Sarnoff. What's that? Commissioner Gort: Miami Arena also, I believe. Commissioner Spence -Jones: Where the two towers are and by the Miami Arena, the old Miami Arena. Chair Suarez: Yeah, the two towers right next to the Miami Arena, just north of the Miami Arena. Vice Chair Sarnoff. No. I know their name. I'm just trying to figure out there was an afford -- are those considered -- those aren't considered affordable housing. Chair Suarez: No, they're rental buildings, I believe. Vice Chair Sarnoff Yeah. Commissioner Spence -Jones: But this wasn't -- Vice Chair Sarnoff. So do we -- does the CRA own the land under them? Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff So it's a land lease. Commissioner Spence -Jones: Well, I don't know if they own the land now. Chair Suarez: Was it a conveyance? Ms. Larned: I don't know the answer to that. Chair Suarez: May be -- you know what, it may be rent controlled. It may be affordable housing. Vice Chair Sarnoff I don't think it is. Chair Suarez: Or rent controlled. Vice Chair Sarnoff As a matter of fact, I remember when it was being converted to condo. Chair Suarez: It's not -- Vice Chair Sarnoff. See, but I don't know. Chair Suarez: -- a condo, is it? It's not a condo. Vice Chair Sarnoff No, I don't think conversion happened, but it was -- I don't know. Chair Suarez: They were going to? Vice Chair Sarnoff I thought it -- I think it did happen, and then they converted the condo and City of Miami Page 191 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 then they had to go back to rental. Chair Suarez: Anything else? You have any other questions? Vice Chair Sarnoff. I'm all right. I know about enough to vote. Chair Suarez: Okay. Vice Chair Sarnoff I still would like to know more things, but I know enough to vote. Chair Suarez: There's a motion and a second. All in favor, signify by saying aye." The Commission (Collectively): Aye. Chair Suarez: It passes unanimously. Ms. Lamed: Thank you, Mr. Chair. Chair Suarez: Thank you RE.26 RESOLUTION 12-00739 Department ofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDED AND RESTATED PARTIAL MODIFICATION OF RESTRICTIONS TO DEED NO. 19447-F, IN SUBSTANTIALLY THE ATTACHED FORM IN RELATION TO THE CITY (THE "SECOND AMENDED AND RESTATED STATE PARTIAL WAIVER") WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (THE "BOARD OF TRUSTEES") AND FLAGSTONE ISLAND GARDENS, LLC ("FLAGSTONE"), SUBJECT TO PRIOR APPROVAL BY THE BOARD OF TRUSTEES. 12-00739 Summary Form.pdf 12-00739 Legislation.pdf 12-00739 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Carollo R-12-0266 Henry Torre (Director, Public Facilities): Good morning. Chair Suarez: Thank you. Mr. Torre: Henry Torre, director ofPublic Facilities. RE.26 is a resolution approving the second amended and restated -- Commissioner Spence -Jones: I think your mike went out. Mr. Torre: RE.26 is a resolution approving the second amended and restated partial City of Miami Page 192 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 modification of restrictions to deed No. 19447-F, in relation to the City, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and Flagstone Island Gardens . Chair Suarez: Is there a motion? Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Gort. Is there a second? Vice Chair Sarnoff Second. Chair Suarez: Second by the Vice Chair. Any questions? Commissioner Carollo: Yes, Mr. Chairman. Chair Suarez: Yes, you're recognized. Commissioner Carollo: I want to ask our Administration does this have any financial impact whatsoever? Chair Suarez: Good question. Mr. Torre: In regards to the City, it has no financial impact. Commissioner Carollo: It has no financial impact? Mr. Torre: Commissioner, it will be the same -- the first amended agreement that was terminated, this second one that we're asking you all to approve is the same exact terms to the City. Commissioner Carollo: So why are we approving it again? Or why are we asked to approve it again? Mr. Torre: It was initially terminated due to a technical default by Flagstone. State of Florida terminated the state waiver. Commissioner Carollo: Could you explain the technical default? What do you mean a tech --? Mr. Torre: Technical -- Commissioner Carollo: That's kind of broad. What default did they --? Mr. Torre: Yeah. Essentially, there was a state payment that was due in January that they failed to make, so the waiver was terminated at that time. Chair Suarez: But that they subsequently made, correct? Mr. Torre: Correct. They've subsequently made and they are working directly with the State. Commissioner Carollo: When you say tiborking directly with the State,'{vhat does that mean? Mr. Torre: They have been in negotiations with the State of Florida to, number one, cure the default. The State has asked them for additional changes just to their side of the agreement. The City's terms will remain the same as the original one that was approved here by the Commission. City of Miami Page 193 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Carollo: Okay, so question. If the State -- once it default on the State, if the State has the opportunity to renegotiate with them -- and obviously, they're going to renegotiate to get a better deal with them -- why doesn't the City do that? Mr. Torre: Commissioner, at this point, I will -- I'll defer to -- Commissioner Spence -Jones: Can I --? Commissioner Gort: Are they in default with the City? Chair Suarez: They're not in default with the City. Mr. Torre: Right, they're not -- Commissioner Gort: Are they in default with the City -- Mr. Torre: -- in default with the City. Commissioner Gort: -- is the question. Chair Suarez: Right. Commissioner Carollo: Hold on. I believe, yes. I believe part of the deal was that they had to cure all the issues, and one was the issues with the State. Unidentified Speaker: Right. Commissioner Carollo: And that's why it's coming back to us for a vote. And if the State is negotiating -- using that default for a better negotiation, why isn't the City doing that ? I mean, last I heard, we were in a financial -- I don't know what to call it anymore, if it's an urgency or what it is. But why isn't the City then negotiating? Because, obviously, it's coming back to us for some type of approval because they defaulted -- Mr. Torre: Right. Commissioner Carollo: -- with the State. Mr. Torre: Right. Commissioner Carollo: So why isn't now the City negotiating for a better deal? Mr. Torre: Commissioner, my understanding is they have -- again, since they have not defaulted on their agreement with the City, we do not have the opportunity to go back and renegotiate. Commissioner Carollo: Okay. Madam City Attorney, it's my understanding if they -- Julie O. Bru (City Attorney): Commissioner, my understanding -- Commissioner Spence -Jones: Mr. Chairman, I mean is -- Ms. Bru: -- is at this point there was a default between the State of Florida and this entity. They're not a tenant yet, Flagstone. But with respect to the City, there's an agreement to enter that technically has cure periods, it has notice provisions. The City has not provided any notice of default, so my understanding is that the City has not communicated to them any kind of default, but I can defer to their counsel and also to Ms. Robin Jones -Jackson, assistant City City of Miami Page 194 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Attorney, who has been handling this matter. Commissioner Carollo: Before we defer to them, I want to go back to what you're saying because it's two separate things. One things [sic] -- and clearly my item, have they been in default with us. And what you're saying is, we have not provided them -- we have not provided any notice of default to them. So, in essence, they could have been in default or they were in default and we actually did not provide notice. So is it that -- What is it, that they have been in default or they were and we didn't provide notice or that they've never been in default? Chair Suarez: Ms. Jackson. Robin Jones Jackson: Thank you. Robin Jackson, assistant City Attorney. As you know, the agreements with Flagstone and the City have an expressed covenant of fair dealing and good faith. As soon as Flagstone knew that they had a default to the State, they immediately started a cure. They were in constant contact with the City and the State and it is -- the City does not have an absolute requirement to default them. We have noticing cure periods and we have that expressed covenant. So they have the -- in order to default them, the City would need to have them not be operating in good faith, not trying to cure their default with the State. So that's -- you know, that's the technical legal situation, Commissioner. Thank you. Commissioner Carollo: But once again -- and my question goes back to the cure period was for previous liens and issues that they had. Ms. Jones Jackson: And they're not in default to us, Commissioner, because you remember they -- we have an escrow deposit agreement. There are no defaults to the City under the City's provisions. The State has a different circumstance, different requirements, different termination provisions vis-a-vis Flagstone. So there's no default to the City, but they were in default to the State. Commissioner Carollo: Okay, question. And them being in default in the State does not then, in essence, make them in default with the City? Because from what I remember, part of the agreement was that they would cure all liens and would not be in default with any other agencies, correct? Ms. Jones Jackson: You are correct. However -- Commissioner Carollo: So once they are in default with the State, then in essence, they're default with the City. Ms. Jones Jackson: No, sir, they're not. Because the default to the City would mean that they did not cure with the State and they started immediately curing with the State. So we would have an opportunity over time if they did not cure with the State -- Commissioner Gort: Right. Ms. Jones Jackson: -- to then come to the Commission and request to default. Commissioner Carollo: So, in essence, there's a time period there that they had not cured with the State yet that, in essence, they were in default with the City? Ms. Jones Jackson: No, sir, they were not because, again, for them to be in default with us, we'd have to call it. We'd have to have evidence that they were not operating in good faith to cure the default with the State. Chair Suarez: Let me interject here for a second. City of Miami Page 195 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Ms. Jones Jackson: Thank you. Chair Suarez: They're coming to us right now because they're making a good faith effort to comply with the State. Is that not correct? Ms. Jones Jackson: Correct. Chair Suarez: Right. So if we prohibit them, then our actions can be perceived as not being actions in good faith 'cause we're not acting in good faith to allow them to go forward to cure with the State. Ms. Jones Jackson: Correct, because of the expressed covenant that the City and Flagstone have. Commissioner Carollo: Yeah, yeah. Chair Suarez: Thank you. Commissioner Carollo: But we're missing the point here. We're not allowing them to act in good faith 'cause they didn't cure -- they missed a payment. They didn't pay the State. Commissioner Spence -Jones: Okay, can I -- Chair Suarez: But we have different obligations. Commissioner Spence -Jones: -- just throw --? Chair Suarez: Yes. Commissioner Spence -Jones: Can I just ask a question -- Chair Suarez: Sure. Commissioner Spence -Jones: -- so that I'm clear based upon my briefings? Because I think even this communication going back and forth on this -- What was the issue -- and I guess this needs to go to Flagstone -- Ms. Jones Jackson: It does. Commissioner Spence -Jones: -- for the oversight? Can we -- why did -- why was the payment missed? Can we at least get to that fact? Kevin Cowan: I sure will. It's Kevin Cowan, Shutts & Bowen, representing Flagstone. The defaults -- the -- there were two defaults. The first was a judgment not being resolved. Five out of six of the judgments had been resolved; one was resolved three weeks late. It was resolved February 13. It was supposed to be resolved January 17. You don't need all those details, but I just want you to know the period. We got notice of that default June -- in June from the State, so it had already been cured. There was no way to -- for the City -- or no need for the City to do anything. The second default was an $18, 750 payment that was due in early January that, quite frankly, Flagstone missed. We believe the State didn't know it either. None of us knew it. Again, June 24, we were told it. Within, you know, 48 hours, we sent them a check and that was cured. So there was really never a time or a period where we were in default under the City documents that they could have given us notice or cured immediately. They told us; we told Robin and your staff and it was cured and it was over. City of Miami Page 196 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: So basic -- Ms. Jones Jackson: And Commissioner -- Mr. Cowan: So this is really -- Commissioner Spence -Jones: I'm sorry, Robin. Ms. Jones Jackson: Commissioners -- Commissioner Spence -Jones: I'm sorry. One second. I just want to make sure we understand because I think that we were kind of going around and around as to what was oversight for you not to pay it. So basically, it was an oversight of the State, as well as yours, correct -- Mr. Cowan: That's what we believe. Commissioner Spence -Jones: -- in identing what the payment was even -- Mr. Cowan: That's what we would believe. I mean, you know, I can't speak for them, but you know, the notice came six months later. Commissioner Spence -Jones: How much was the payment? I'm just curious. Mr. Cowan: Eighteen thousand, seven hundred -- Commissioner Spence -Jones: Okay. Mr. Cowan: -- and fifty dollars. Commissioner Spence -Jones: And you paid it two days later, you said? Mr. Cowan: Two days later, yeah. We paid -- we had already paid hundreds of thousands to everybody, so it was just simply an oversight. There had been a change in the accounting -- the accountants at Flagstone and -- Commissioner Spence -Jones: Okay. And then I know that in my briefings -- and I'm going to turn it back over to the Commissioner -- Commissioner Carollo -- in my briefings -- and you guys can correct me, Alice, and -- they also had a turnover in the State, correct? Meaning -- 'cause I know that you went to -- you guys went to Tallahassee -- I think you need to put that on the record because the residents at home, they need to understand what's going on. The people sitting in the audience and then all of us up here, we all need to have the same information. You guys did -- the staff did go to Tallahassee to meet with the Department to address the -- Alice Bravo (Assistant City Manager): We met -- Commissioner Spence -Jones: -- issue, right? Ms. Bravo: Alice Bravo, assistant City Manager. Myself and our City Attorney, Robin, we went to Tallahassee. We met with Florida DEP staff, Department of Environmental Protection -- Ms. Jones Jackson: And their attorneys. Ms. Bravo: -- and their attorneys, and they do have a new assistant secretary that has oversight over this area, so he was not yet up -to -speed with all the terms and the history of the project. So City of Miami Page 197 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 we've met with them, and we're scheduled to have this approved by the Governor and Cabinet sitting as the TIIF, the Board of Trustees for the Internal Improvement Trust Fund, first week of August. Commissioner Spence -Jones: All right. So it was also an oversight by the new administrator that was there as well. Ms. Bravo: Correct. Commissioner Spence -Jones: So, I mean, it just seems like it might have been a mistake. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, Commissioner. Commissioner Carollo: As far as with the State, any oversight, yeah, maybe after the fact, after they weren't paid, maybe they didn't catch it fast enough or so forth. But I mean, realistically, the State is waiting for their payment. If you don't pay, I don't see the oversight on their part, other than they haven't paid us yet. So I mean, it's unfair to say, well, there was oversight on both part. I mean, maybe they could have notified them a little quicker or something, but realistically, you know -- Chair Suarez: Let me chime -- Commissioner Carollo: -- if they don't pay -- if they don't make a payment, the State, there's no oversight there. Chair Suarez: Let me try to -- Commissioner Carollo: And this goes to my point. Not to mention that we've been waiting since 2001 for this to be done. You know, that's when it went to referendum. And we're still waiting for the first block to turn. Anyways, with that said the State is using this default to renegotiate, correct? Mr. Cowan: Yes. Commissioner Carollo: Yes. And they're going to renegotiate better terms. That's why they want to renegotiate. We are not. Now, here's where I do think it could be a financial problem for the City, you know. If the State renegotiates even better terms, realistically, it's going to be more of a burden on them. So then as far as paying us in the future -- we're seeing it with Jungle Island, where Jungle Island, in all fairness -- yeah, there's X'payments that they have to make to the County and City except, guess what, there's all these other loans now, all these other additional burdens on them. So now with the State, you know, they're going to ask for additional stuff. Therefore, it's going to be more of a burden on them, which might be harder for them to pay us in the future. So that's why I do think it has a financial impact. Chair Suarez: But I think our rights are different from what the State's rights are, and I think that's the point here. Commissioner Gort: Chairman. I understand where you're coming from, Commissioner Carollo. And I understand we want to get the maximum on all this. My understanding is, when this came back in front of us, we required specifically certain things that they have to do, payments that they have to make and start certain time to do the work. My understanding is, payments are up-to-date. My understanding is the next thing in their contract is they're supposed to be -- start construction September of 2013. If by any chance the State does not allow -- does City of Miami Page 198 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 not give them the waive [sic], that's it. Then we can go ahead and go for an RFP. And an RFP right now, if we try to do something, would take two years because the RFP will have to go out, then it have to be voted by the individuals. And at the same time, we don't know how many times -- how long we can be in court with all this. So that's why I made the motion to approve it at this time. They still have to comply with a lot of things that we -- that I put as a Commissioner, and you were a part of that when we put a lot of the requirements for the new contract. We changed the contract quite a bit, and that's the reason why I moved this. Chair Suarez: And I think from my perspective, it's quite simple. The State's rights are different from the City's rights. The City has to allow them to cure, has to act in good faith to allow them to cure. So we don't have the same leverage that the State of Florida has. If we had the same leverage, then we could negotiate. But since we don't have those provisions in our contract, we can't do that. Ms. Jones Jackson: That's -- Vice Chair Sarnoff Mr. Chair. Ms. Jones Jackson: -- legally correct. Thank you. Chair Suarez: Thank you. Mr. Vice Chair. Vice Chair Sarnoff You know, a while back -- and I think they may remember this, maybe even better than I will -- a young Commissioner, who probably had less gray hair, tried to exact more out of Flagstone than they were paying. And you never know -- you'll never know when you've exacted the most out of a person you possibly can until they default. Then you know, well, I guess I put you over the top. And that young Commissioner, I think, exacted -- and you'll correct me, Kevin -- I don't know if it was a 400,000 a year more, but it was a significant amount of money. And guess what they went into? Chair Suarez: Default. Vice Chair Sarnoff Default. So I understand the desire and the need and the want to try to get as much out of an entity as you can, especially when it's a commercial entity and it's not doing social work and it's not doing, you know, any work other than being a commercial venture. I would suggest to you guys, before we compare this to Jungle Island and before we get into this what I call peanut buttering, which is let's just spread it like it's all the same, these folks, in their lease periods, at least up until 2028, will likely make $40 million in payments to the City. Now I don't know if that's too much. I don't know if that's too little, but it sounds just about right. And you know what, you get what you negotiate for. I saw once before what it was like to throw them over the top. I saw what it was like once before as a young Commissioner to try to exact that last pound of flesh and I put them -- I think I put them in default and I don't want to do that again . And I think we have to -- I think the one thing we have to be careful of, we need to live up to our contracts. We live up to what we negotiate for. You move on to the next issue and you live up to that, and the business community will come to us. Because if we honor our commitments, they will honor their commitments to us. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, Commissioner. Commissioner Carollo: And that's what I'm asking, that they honor their commitment. In 2001 they went to the voters in a referendum and they stated that by now, we will be making -- the City will be receiving in revenues what, $2 million? We're not receiving $2 million. City of Miami Page 199 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Vice Chair Sarnoff. Well, I think you're -- Commissioner Carollo: So I'm saying, you now, honor your commitment. Vice Chair Sarnoff Well, what you're doing is you're going back many, many years ago. You're not factoring in that they went through, I think, a five-year lawsuit, that that five-year lawsuit threw them completely out of time and -- Commissioner Carollo: But why should the City pay for it? Vice Chair Sarnoff -- let me just finish 'cause I never cut you off. Commissioner Carollo: I got you. Vice Chair Sarnoff. And what happened is previous City Commissions -- and I'm sure Commissioner Spence -Jones -- I know there are things that were done by previous Commissioners sitting here, didn't particularly like, didn't particularly agree with. But you know what? You have to live up to what your predecessors have done, and that's just part of government. You can't simply change what a previous administration did. I know -- I guarantee you -- I know Spence [sic] and I were sitting here. I know you might not have liked what we did with Flagstone. It seemed like the right thing to do at that moment in time. I could tell you, we had a very active mayor and that very active mayor was saying it's this or that. And you know what, this didn't look good or that didn't look good either, so you made a choice; you made a decision. I'd like to rewrite a lot of things that have been done in the City of Miami, but we stand upon the shoulders of all of our predecessors, and you have to honor what they did. And when your opportunity comes to make those changes, you do the best you can. I don't think the opportunity presents itself here. Commissioner Spence -Jones: I just have one question. Chair Suarez: Yes, Commissioner Spence -Jones. Commissioner Spence -Jones: Again, just, you know, trying to make sure that we're all on the same page. I think we did get to the root of probably what your concern was, which was why -- how did we get here in the first place. My only question -- my last question is, what's the reason for us not going to the State first and coming to the City first? Because I know in the past you guys have gone to the State first and then come to us. So I think part of the concern -- I know in our briefings -- were what happens if you go to the State and there is a change and we've already voted and approved something. It still has to come back in front of us? What's the reason for not going to the State first? Can you answer that? Mr. Cowan: That was purely a scheduling problem. The Commission, I guess, does not meet in August. Commissioner Spence -Jones: Yes. Mr. Cowan: And there was a problem with the State not meeting anymore so -- this summer, so if we didn't come to you first, we wouldn't get resolved until I think it was September 13. And we, just on a positive note, are deep in negotiations -- Commissioner Spence -Jones: Oh, I see. Mr. Cowan: -- with a very good -- Commissioner Spence -Jones: Yeah, that was the other really important part -- City of Miami Page 200 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Cowan: So -- Commissioner Spence -Jones: -- which I think the Commissioner should know. I think that part of the issue in our briefings -- when I got my briefing from the Administration was you do have somebody at the table that can now move this deal to the next level and I'm sure they want to at least have some certainty -- Mr. Cowan: Yeah. We've been in active negotiations with two different groups and it's looking very, very positive. We're very excited We hope to come back to you in the not -too -distant future with some good news and some -- Commissioner Spence -Jones: So this vote helps those negotiations? Mr. Cowan: Everybody -- everyone is waiting for this. Commissioner Spence -Jones: Okay. Got you. Chair Suarez: Okay. There's a motion and a second. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: IfI may? Chair Suarez: Of course. Commissioner Carollo: You know, and with all due respect to my colleague to the right, Commissioner Sarnoff -- and I understand what you're saying, that sometimes in the past there's been certain votes or decisions that have been made by previous Commission that we cannot change. For instance, you know, Marlins Stadium was one. I mean, when I came to this Commission, there was no changing. I mean, construction had begun already. But this was not the case with Flagstone. I mean, in all fairness, yeah, there was decisions, but there was additional decisions that came to this Commission, you know, that Commissioner Spence -Jones, you weren't here, but in all fairness, yes, there was changes that we could have made that the Commission didn't make. But the bottom line is, it seems like another government is taking the opportunity that maybe this Commission should have before -- and yes, I understand. And you're right, Commissioner Gort. I led the battle quite a bit to get better financial agreements. Commissioner Gort: My hero. Commissioner Carollo: But at the same time -- and you remember them. They were lengthy conversations, and I'm sure Ms. Jackson can tell you. And there was a lot of negotiations. And yes, we got a much better deal. However, in all fairness, we've been waiting since 2001 for this. You know, when is enough enough? As a matter of fact, I remember in one of my statements I kidded. You know, I was joking, but I really wasn't joking when I asked the City Attorney for the definition of stringing us along because it just seems like it keeps going and going and going and going and nothing happens. In the meantime, you know, our financial position is still in dire needs. I mean, you know pretty soon when the Mayor comes up what he's going to say as far as our labor negotiations are going, what we may have to do yet again. And realistically, one of our most valuable properties, we are not receiving the revenues that was promised to us and to the voters. So again, we are not maximizing our revenues for the City's most valuable properties. Chair Suarez: You know -- City of Miami Page 201 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Carollo: Thank you. Chair Suarez: -- and my issue is, we've kind of had that discussion already. We voted on it as a body, as a board, and we made a policy decision for better or for worse. And this particular decision that we have in front of us here -- in fact, if we were to shoot it down, I think they would have a very good argument that we're not acting in good faith because we have a good faith obligation. Our obligations under the contract are different. We have an obligation to act in good faith to help them cure. So if we don't act in good faith to help them cure -- we have to help them cure. It's not an, you know, obligation to renegotiate. Maybe it could have been done that way when we, you know, extended the contract last time, but we didn't. So it's just different -- you know, there are different obligations between the State and them and the City and them, and I think that has to be clear so that there's no misunderstanding of what's going on here today. Ms. Jones Jackson: You're correct. Commissioner Spence -Jones: Mr. Chair -- Chair Suarez: Thank you. Commissioner Spence -Jones: Mr. Chairman -- and guess we all try to be sensitive to, you know, fellow Commissioners and making sure that, you know, we're all on the same page about whatever votes we decide to take. I just wanted to ask you, Frank, just so that I'm clear. What is your resolution on this issue? If you had your way, what would be your resolution to this issue? Not to vote on it? Not to support it? Commissioner Carollo: Not to support it. Commissioner Spence -Jones: Okay. And it would be -- so if -- and I just want to understand what that means, Robin. If it did not get supported, what does that mean for the project itself? Ms. Jones Jackson: It means that the agreement would have to come back to the City in September. Commissioner Spence -Jones: The entire agreement for Flagstone? Ms. Jones Jackson: The agreement between the City, the State and Flagstone, which is the amended and the stated partial waiver of deed restrictions. Chair Suarez: Do we or do we not have a duty to act in good faith to allow them to cure? Ms. Jones Jackson: You do. You have -- Chair Suarez: Okay. Ms. Jones Jackson: -- an expressed written covenant. Chair Suarez: Exactly. So if we fail to act, would we not be breaching our own contract potentially, arguably? Ms. Jones Jackson: Of course you know I don't want to make that argument. Chair Suarez: Of course not, but somebody could. Vice Chair Sarnoff And we could be exposing the citizens of Miami to a breach of contract -- City of Miami Page 202 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Of course, damages. Vice Chair Sarnoff -- in the neighborhood of 40 to $50 million. Chair Suarez: Damages, the whole thing. So in our effort to want to try -- like you said, Vice Chair, in an effort to want to kind of be tough negotiators, we could end up having an unintended consequence that could be far worse. Commissioner Spence -Jones: I mean -- I just -- I mean, I understand where Frank is going and what his -- Chair Suarez: I do too. Commissioner Spence -Jones: -- sorry -- viewpoint is. Chair Suarez: I do too. Commissioner Spence -Jones: And I'm sure you guys know from, you know, me being up here that, you know, he used for better or for worse, how I felt about these marriages so far. But I just think that this one might be a little different. I mean, Frank, if we do -- if they are at the table negotiating heavily with someone and we know that, quite frankly, we need whatever resources that are necessary for the City right now -- riding off of what you just said about what the Mayor is going to come brief everybody on, I think that we need to move as quickly as possible on these issues to at least get some of these projects done. And you know I'm the first one. You know -- you see Brian over there by the City Clerk, right. So you -- Brian, you used to getting beat up by me, right? Brian May: Yes. Commissioner Spence -Jones: So -- but I think this is just a little different, Frank. I really do. Commissioner Carollo: Mr. Chairman, when was the last time that Flagstone came before us? Chair Suarez: You're asking me? Commissioner Carollo: No. I'm asking the Administration. Unidentified Speaker: April. Commissioner Carollo: Because you know what, Commissioner Spence -Jones, that's what I thought we were at months ago. And if you remember, we took a vote, you know, and I said okay, everything that all my colleagues are saying is the only vote [sic] that I voted in favor of this Flagstone deal, you know, because I thought what everyone is saying now -- Commissioner Spence -Jones: Yes. Commissioner Carollo: -- is where we were months ago. As a matter of fact, the vote was 4-1 when you -- where you opposed. But it seems like, again, it just keeps dragging on. And you know, the voters spoke in 2001, and we're still not there. I can tell you, I think if it goes to the voters again, one, either it may change; or two, the amount that they're going to give the City would increase quite a bit. Chair Suarez: Or three, if we try to increase the amount, no one will do it. So, Mr. May, you're recognized. City of Miami Page 203 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. May: Mr. Chairman, members of the Commission, Brian May, representing Flagstone. The only thing I want to put on the record is, just to be very clear, if you decided not to move forward today, there would be significant risks placed on the project and in terms of its ability to break ground before the end of the year, which is what the plan is. So if we have to push votes back to September and October, that's just not going to happen because -- Chair Suarez: And -- Mr. May: -- we won't be able to close on financing until this is finished. Chair Suarez: -- Mr. May -- Commissioner Spence -Jones: I mean, Mr. Chairman, I just -- Mr. May: I just wanted to put that on the record so. Commissioner Spence -Jones: -- think we need to just take a vote on it. I mean -- Chair Suarez: Yeah. Let's go. Mr. May: Agreed. Commissioner Spence -Jones: -- there are going to be times when we all agree to something -- Chair Suarez: Of course. Commissioner Spence -Jones: -- and we don't agree to something but -- Chair Suarez: Everybody's entitled to their opinion or vote. Commissioner Spence -Jones: -- at this point, I think we just need to make a decision -- Chair Suarez: Yep. Commissioner Spence -Jones: -- you know, and if -- and just keep it moving at this point. Chair Suarez: Commissioner Gort, do you want to be recognized as a voter on this issue? Unidentified Speaker: Yes. Chair Suarez: There's a motion and a second. No further discussion. All in favor, sign by saying Bye." Commissioner Spence -Jones: Aye. Chair Suarez: Aye. Vice Chair Sarnoff. Aye. Commissioner Carollo: No. Chair Suarez: Please register Commissioner Carollo as a no on that vote. Thank you. Thank you. Mr. Cowan: Thank you. City of Miami Page 204 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 BC.1 12-00298 Office of the City Clerk END OF RESOLUTIONS BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Melody Torrens (Term ending 11/11/2015) Charles Gibson (Term ending 11/13/2013) NOMINATED BY: Commissioner Wifredo (Willy) Gort 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-S U B. pd f 12-00298 PZAB CCMemo-SUB.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-12-0286 Chair Suarez: BC.1. Commissioner Spence -Jones: It's up to you. Chair Suarez: No, it's up to me. BC.1. Vice Chair Sarnoff I'm not going to appoint. Commissioner Spence -Jones: Me neither. Chair Suarez: Do I have an appointment on B -- Priscilla A. Thompson (City Clerk): Excuse me. Chair Suarez: BC.1. There's only one. There's only one BC (Boards and Committees) item, guys. It's the Planning, Zoning and Appeals -- Ms. Thompson: Okay. Chair Suarez: -- Board. Ms. Thompson: And Commissioner -- City of Miami Page 205 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Gort: I have one. Ms. Thompson: -- Spence -Jones, we have a name -- Commissioner Spence -Jones: Oh, you -- Ms. Thompson: We were told that you do have a name to appoint -- Commissioner Spence -Jones: Okay. I'll go ahead and appoint. Ms. Thompson: It's Mr. -- it is -- I'm sorry -- Mr. Charles Anthony Gibson. Commissioner Spence -Jones: Charles Anthony Gibson, I appoint him. Chair Suarez: Okay. Ms. Thompson: Thank you. Commissioner Gort: I'd like to appoint Melody Torrens. Ms. Thompson: Ms. Melanie [sic] Torrens. Commissioner Gort: Yes. Ms. Thompson: Thank you. Chair Suarez: Do I have any appointments, Madam -- Ms. Thompson: No, you do not. Chair Suarez: -- Clerk? Okay. Commissioner Carollo: Mr. Chairman, I had an appointment. However, there seems to be issues and you know -- I know Todd came to see me, but I haven't really been able to speak to him and he's asking me to defer it, but I don't know what the reason is. We'll discuss it later, I guess, but you know, I want to make my appointment already. I've been waiting for months, so I'll defer mine at the suggestion of Mr. Hannon. Chair Suarez: Vice Chair, do you have -- does the Vice Chair have any appointments? Vice Chair Sarnoff No. I'm going to wait -- I'm going to -- Chair Suarez: Waive them -- Vice Chair Sarnoff Yes. Chair Suarez: --for now? Vice Chair Sarnoff For today, yes. Chair Suarez: Okay. So is there a motion on the appointments as stated -- Vice Chair Sarnoff So moved. Chair Suarez: -- by the Commissioners? City of Miami Page 206 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Carollo: Second. Commissioner Gort: Move it. Chair Suarez: Moved by the Vice Chair, second by Commissioner Carollo. All in favor, sign by saying liye. " The Commission (Collectively): Aye. END OF BOARDS AND COMMITTEES BUDGET BI.1 DISCUSSION ITEM 12-00737 Department of STATUS (SEC.18-542(b) CITY CODE) Management and I. 2011-2012 BUDGET Budget II. PROPOSED 2012-2013 BUDGET 12-00737 Summary Form.pdf DISCUSSED Chair Suarez: BI.1. Danny. Mr. Alfonso, follow it up. Commissioner Carollo: What are we doing? Chair Suarez: BI.1, the discussion of the budget. Commissioner Carollo: Didn't we do that already? Chair Suarez: I don't think so. Commissioner Spence -Jones: You didn't do that. Chair Suarez: BI.1. Commissioner Carollo: Oh, BI. Daniel Alfonso (Director, Budget): BI.1 is discussion that we hold every month -- Chair Suarez: Right. Mr. Alfonso: -- on how we're doing on the current year budget. I will quickly state that the current, we're still projecting in excess of $8 million fund balance at the end of the year additional. So that most departments are performing as we expected. Our revenues are pretty much as we expected. Really, there's nothing new to say, other than I'm getting a little worried 'cause that number every month keeps creeping up a little bit and I don't want to be too optimistic. So in terms of the current budget, we're performing as expected, we're doing good. I'm projecting that we'll be in the black at the end of the year, unless there's some unforeseen event that takes place. Chair Suarez: Thank you. Any questions? Commissioner Spence -Jones: Thank you. City of Miami Page 207 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 END OF BUDGET DISCUSSION ITEMS DI.1 DISCUSSION ITEM 12-00742 Department of FINANCIAL STATEMENT PRESENTATION BY THE EXTERNAL Finance AUDITORS FOR THE YEAR ENDED SEPTEMBER 30, 2011. 12-00742 Summary Form.pdf DISCUSSED Chair Suarez: Let's do DI. 1, which is the financial statements by the external auditor, so we can send them home and stop paying them the hourly fee that we're paying them. Stephen Petty (Director, Finance): Thank you very much. Chair Suarez: He's doing a good job by the way. Mr. Petty: This is Steve Petty, director of Finance, City of Miami. Chair Suarez: Thank you. Mr. Petty: I'd like to introduce the comprehensive annual financial report for 2011 and the audit results. Couple of quick comments: First, the City received an unqualified opinion which is the desired result. The CAFR (Comprehensive Annual Financial Report) was issued on May 18, 2012. The City received the GFOA (Government Finance Officers Association) Excellence Award for CAFR reporting for full year 2010 and have submitted and expects to receive the award for full year 2011. A few balance sheet items quickly. Total assets for the general fund was 63 million; total liabilities was 44 million. The fund balance reflects the implementation of GASB (Government Accounting Standard Board) 54 which required the restatement of full year 2010 ending fund balance to account for the collapsing of public service tax, or PST, and local option gas tax fund, LOGT, into the general fund, the change in beginning balance from 13.4 to 17.2 for full year 2010. The general fund experienced an increase in this balance in operations in full year 2011 of 2.2 million, bringing the ending fund balance to 19.6. This is the first year since full year 2006 that the City's increased its fund balance. The financial integrity ordinance requires the City to maintain a 20 percent of the average of the last three years of revenues in reserve. The requirements are approximately 95 million. As of 9/30/11 the City has been in violation of this requirement by 76 million. A few more statements for the revenues and expenditures. Revenues for the fiscal year ended September 30, 2011, totaled 502 million. That's up from 2011 by 50 million, largely due to the GASB 54 implementation that that accounted for $67 million increase in revenues, so that was offset slightly by the $36 million decrease in ad valorem and some increases in business licenses and taxes. The expenditures for the fiscal year ended September 30, 2011, totaled 474 million. That's down from full year 2010 by $44 million. That's due to the adoption of 2011 fiscal strategies. That's a significant decrease. Other financial sources are transfers in and out, ended to a total of 25 million transfers out and are mostly the result of the GASB 54. So at this time I'd like to introduce the -- our outside auditor, John DiSanto, who's the executive director of Ernst and Young, to review the audit results. Commissioner Carollo: You're recognized. Vice Chair Sarnoff You're recognized for the record, sir. John DiSanto: My name is John DiSanto. I am an executive director with Ernst & Young, and I City of Miami Page 208 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 was the partner on your audit. Good afternoon, members of the Commission. I do appreciate the opportunity to present our audit results for the September 30, 2011, fiscal year. We did express a clean or unqualified audit opinion on the financial statements of the City for the year ended September 30, 2011. We also selected 12 of your federal and state grant programs and issued one qualified opinion on compliance and that was with the Community Development Block Grant program. We issued clean or unqualified audit opinions on compliance with the remaining 11 programs. We also issued, in accordance with government auditing standards, a report on internal control over financial reporting and compliance with laws and regulations, contracts and grant agreements. In that report we disclosed two material weaknesses in internal controls over financial reporting. One of those was on what we call the Financial Statement Closing process. That's the process that the City uses in closing its books for the year, recording adjusting journal entries and then preparing its external financial report or its CAFR. The other material weakness was in the area of capital asset, accounting, and reporting. We also issued a management letter which disclosed other recommendations for improving policies and procedures or enhancing those policies and procedures. Those four recommendations were in the areas of lease accounting, payroll reporting, timeliness of grant reimbursements, and information technology general controls. Those are controls in the areas of access, program change, physical security, and documentation. We also issued and prepared a schedule of findings in question costs. In that report we disclosed three findings over the federal and state grant programs that we audited. Two of those findings were for the Community Development Block Grant program. One related to the recording and remittance of program income; the other related to reporting certain information to the grantor agency. And the other finding we had related to the juvenile assistance grant program and it also related to the area of reporting. And then lastly, in the management letter, we are also required to disclose information required by the state of Florida Auditor General, and we did include all of those disclosures in the management letter. That is a very high-level summarized synopsis of the audit results, and I'll ask if anybody has any questions. Chair Suarez: I just have one comment before -- are -- do you have some questions, specific ones? Commissioner Carollo: Yes. Chair Suarez: Okay. My general comment is that -- and this is something that we talked about in our briefings -- you should come back to this Commission in October with a plan to address the specific findings in these audit reports, because what we cannot have happen is every year there's findings -- Commissioner Spence -Jones: The same thing. Chair Suarez: -- and we don't do anything about it. Commissioner Carollo: No. Hold on. Every year there's recurring findings. Chair Suarez: Exactly, better said, recurring findings. And so what I'd like to see in October is a plan by the Administration to address the findings in these reports. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: Thank you. And thank you, Mr. DiSoto [sic]. I wanted to just point out a few things. In your management letter you mentioned that you have noticed several indicators of deteriorating financial conditions. City of Miami Page 209 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. DiSanto: Yes, sir. Commissioner Carollo: Could you go into a few of those. Mr. DiSanto: Yeah. Primarily -- and again, the rules of the Auditor General in Florida do require us to disclose in the management letter whether or not there are indicators of deteriorating financial condition in state and local governments. With respect to that, we primarily looked at the fund balances, particularly in the general fund. And I think, as you all know, a general rule of thumb is you want to be able to cover about 30 to 60 days of expenditures in your general fund with fund balance, and right now, I think the City is probably less than 5 days. So that was the primary driver of that comment. Commissioner Carollo: I also want to point to -- in the CAFR where you're mentioning funds exceeding their budgetary authorization. There are a few rather large amounts. Could you go into a little bit more detail? I see here $471,000 from Gusman and Olympia. Could you go into a little further detail of that? Mr. DiSanto: Yeah. I think that's probably better reserved for staff to explain the reasons why. I do know it is a requirement that the footnotes in the CAFR, which, of course, belong to management, that those footnotes include any situation where, you know, actual expenditures exceeded appropriations. All we do from the external audit perspective is make sure that it includes all of those that exceeded appropriations and we did that and those were the only ones. But, yes, it was more than one. Commissioner Carollo: Fair enough. Could the Administration explain why Gusman and Olympia exceeded their budgetary authorization by $471, 000? Mr. Petty: I will have to defer to Danny on that to see what specifics applied to that budgetary item. Commissioner Carollo: I think Danny's busy. Commissioner Gort: Danny. Commissioner Carollo: Danny, you're up to bat. Commissioner Gort: Danny, where are you? Commissioner Spence -Jones: You had a question for him? Commissioner Carollo: Yes. Commissioner Spence -Jones: I'm sorry. Chair Suarez: Can I just dovetail on one -- a comment that you made earlier in terms of the cash on hand? That's basically assuming that we generated no revenue and we had still the remaining expenses. Is that correct? Mr. DiSanto: That's correct. It's assuming that there's zero revenue; that you should have fund balance or assets related to that fund balance to cover between 30 and 60 days. Most governments have something-- policies within that 30- to 60-day range. Chair Suarez: We do too. We just don't follow it. Mr. DiSanto: Well, you're just not there yet, right? City of Miami Page 210 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Thank you. Actually, it's more than a policy; it's an ordinance, but whatever. Daniel Alfonso: Danny Alfonso, Budget director. Commissioner Carollo: Dan -- yeah. And, Danny, in all fairness, on page 38 of the CAFR it's showing, you know, funds exceeding their budgetary authorization, and Gusman and Olympia exceeded their budgetary authorization by $471,000. So could you provide some insight on that? Mr. Alfonso: Okay. And in the end -of -year item, I believe we addressed the issue with the Gusman Center. My understanding, that there was an original agreement with the Gusman/Olympia to make a transfer of the facility by a certain time and that there would be expectation for revenue from them. That transfer, my understanding, did not take place as had been anticipated. There was some dispute as to what rights they had, et cetera. So by the time it actually happened, they had lost some opportunity to create revenue. The expenditures are what they are in a sense so that there was an additional transfer to Gusman required to make them whole so that in '11/'12 they started with zero balance and they get no general fund subsidy, so they're supposed to stand on their own two feet. Chair Suarez: Thank you. Commissioner Carollo: Moving on, I just want to touch upon the qualified opinion. Mr. DiSanto: Yes, sir. Commissioner Carollo: I think the past, you know, I have mentioned with regards to a qualified opinion. Could you explain that -- it really should have been an unqualified -- however, what a qualified opinion is so everyone understands that it's not a clean opinion and what actually caused a qualified opinion. Mr. DiSanto: Yes, absolutely, Commissioner. In the case of the Community Development Block Grant program, we are required to test 14 specific attributes relating to compliance. In the case of this program, one of those compliance attributes is program income. And under the terms of these particular agreements, the City was required to remit back program income to HUD (Department of Housing and Urban Development), to the grantor agency, and that was not being done during fiscal year '11. That was audited. As soon as we identified it and brought it to the attention of management, they immediately remitted the funds back to HUD. Commissioner Carollo: And the amounts of funds were approximately? Mr. DiSanto: The amount of funds were about $640,000. And to that particular total expenditures, that was material; and because that was significant, that resulted in us qualifying the opinion as opposed to issuing a clean opinion. Commissioner Carollo: And the Administration understands what occurred and that will be fixed in the future, Community Development? Mr. Petty: Steve Petty, director of Finance. The manager of that particular fund is now reporting monthly -- Commissioner Carollo: Okay. Mr. Petty: -- all the information that's required. City of Miami Page 211 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Carollo: Okay. And my goal here is not to embarrass anybody, and you can go back to every time the auditors have come before us. My thing is, so we don't have recurring findings. I actually like to commend the Administration for -- I don't want to say final, but for fixing the issue with our bank reconciliation. You know, when you audit, cash is one of the first things you start the audit with. And I just couldn't believe that year after year, you know, we had an audit finding with regards to our bank reconciliations. I'm glad that the Administration finally fixed that. However, every other finding is recurring this year again. So all I'm going to say is, you know, again, please, I don't want to see these findings again next year. Thank you. Commissioner Gort: Mr. Mayor [sic]. Chair Suarez: Yes, Commissioner, you're recognized. Commissioner Gort: You know, when I read the whole report, the audit report, and I had discussion with Administration and the Manager, and I think they're aware that they have to come back in October and they're going to let us know what have they done and what are they doing to make sure it doesn't occur again. And I agree with you, it shouldn't be reoccurring. The only thing we need reoccurring is revenues. Commissioner Carollo: And by the way, Commissioner Gort, they all do their response on how they're going to fix it and stuff like that. And by the way, let me add something that I said personally to them. You know, I actually asked who drafted the responses 'cause they were very good response and very well thought out. So you know, again, I commend the Administration. However, I just don't want it to be words. I want it -- you know, I want it to be exercised. I want that to happen so we don't have the sane finance next year. And I know I said that last year and the year before that, but that's my intentions. Thank you. Chair Suarez: Okay, thank you, sir. Mr. Petty: Thank you. Mr. DiSanto: Thanks again -- Commissioner Gort: Thank you. Mr. DiSanto: -- for your time this afternoon. Chair Suarez: Thank you for yours. DI.2 DISCUSSION ITEM 12-00657 DISCUSSION CONCERNING THE CITY'S ADOPTION OFATICKET POLICY UNDER WHICH PUBLIC, COMMUNITY BENEFITS, OR COMPLIMENTARY TICKETS OBTAINED THROUGH CONTRACTUAL NEGOTIATION OR OTHER EXERCISE OF PUBLIC AUTHORITY MAY BE DISTRIBUTED FOR ANY PERMISSIBLE PUBLIC PURPOSE, CONSISTENT WITH THE GUIDELINES PROVIDED BY THE MIAMI-DADE COUNTY COMMISSION ON ETHICS AND PUBLIC TRUST. 12-00657 Summary Form.pdf 12-00657 Memo - Citywide Ticket Policy.pdf 12-00657 Backup Information 06/28/12.pdf SPONSORS: OFFICE OF THE CITY MANAGER City of Miami Page 212 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 OFFICE OF THE CITY ATTORNEY Motion by Commissioner Gort, 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 DI.3 12-00740 Department of Police Note for the Record: Item DI2 was deferred to the September 13, 2012 Commission Meeting. DISCUSSION ITEM DIRECTION BY CHAIR SUAREZ TO THE ADMINISTRATION TO WORK WITH THE LAW DEPARTMENT IN DEVELOPING SOLUTIONS TO RESOLVE THE PROBLEM OF SQUATTERS TRESPASSING ON RESIDENTIAL PROPERTIES AND PROVIDE A REPORT TO THE CITY COMMISSION WITHIN 60 DAYS. 12-00740 Discussion - Squatters.pdf DISCUSSED Chair Suarez: Okay, DI.3, basically, was essentially my direction to the City Administration, and I read the -- you don't have to get up, Chief -- Chiefs response, which was basically that it's not a police issue, which I agree with. If somebody produces a document that is a lease, it's -- the police has no ability to -- Commissioner Spence -Jones: No authority. Chair Suarez: -- charge them with trespassing; yet, it's a civil situation. But what I do want to know in September when we come back is if the Administration can provide me how, through Operation Clean Sweep, we can get the banks or property owners to actually start enforcing landlord/tenant laws, and I think that's part of the problem, is we have like absentee homeowners. And so I would like to know what your efforts are in that regard then. Okay. DI.4 DISCUSSION ITEM 12-00797 Department of NET PLAN OF ACTION TO ELIMINATE CHICKENS/FOWLS FROM THE Administration PUBLIC RIGHT-OF-WAYS. 12-00797 Discussion.pdf DISCUSSED Chair Suarez: DI. 4. Commissioner Spence -Jones: Very simple, Chicken Busters. I think we got them, right? Commissioner Carollo: Give them some nets. Haydee Wheeler: Good afternoon. Haydee Wheeler, director of NET (Neighborhood Enhancement Team). What happened was that three years ago the budget cuts eliminated the position that was doing this, which was actually under the Code Enforcement office. So beginning next week, we've identified some of the NET staff and we'll begin collecting whatever rooster or chickens are out in the street. We're going to be working with Code Enforcement just City of Miami Page 213 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 in case somebody's, you know, a little -- Commissioner Spence -Jones: (UNINTELLIGIBLE) chickens? Ms. Wheeler: -- animal -- fowl -- yeah. In case somebody needs to pick them up before we do. And we are sensitive. We report that with a pet shop, and we will be taking it to the pet shop. Chair Suarez: So this is kind of like a pocket discussion item? Is it on our agenda? Ms. Wheeler: It was DL4. Chair Suarez: I don't see it on our agenda. Commissioner Carollo: DI.4. Commissioner Spence -Jones: Yes, it is. Ms. Wheeler: DI.4. Commissioner Spence -Jones: DI.4. You just said it. Commissioner Carollo: DI.4. Priscilla A. Thompson (City Clerk): D -- Chair Suarez: Oh, I thought DL4 was the creation of labor management committees. That's what I have on my -- Ms. Thompson: No. Commissioner Spence -Jones: What? Ms. Wheeler: No. Commissioner Spence -Jones: DI.4? Chair Suarez: Okay. Commissioner Gort: Labor management committee is a pocket item that I have. Chair Suarez: Where's that? Commissioner Spence -Jones: On the agenda, that's under listing. Probably under listing. Chair Suarez: Okay. Okay, thank you. Ms. Wheeler: So if you have any questions? Chair Suarez: No, I don't. Commissioner Spence -Jones: No. Just -- do we need to give you a listing of where the chickens are? I mean, in my district I can give you the chicken spotting, please. Ms. Wheeler: We -- Gary has a list -- City of Miami Page 214 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Gort: She's got names for them and everything. Ms. Wheeler: -- but we'll be contacting your office just -- Commissioner Spence -Jones: Please. Ms. Wheeler: -- in case. Commissioner Carollo: Thank you. Vice Chair Sarnoff Haydee, sorry. I just want to put something on the record. I apologize. I just want to make sure that you're not picking up peacocks from the Grove, because it says fowl. And I just want you to state -- Commissioner Spence -Jones: Please, do not pick -- Vice Chair Sarnoff -- for the record that you've not been asked by anyone in the Grove -- Chair Suarez: That's a -- that could be a big problem. Vice Chair Sarnoff -- for or against, to touch the peacocks. Ms. Wheeler: No, because as a matter of fact, as per our city Charter, the City of Miami is a sanctuary. We will not be removing any peacocks. Vice Chair Sarnoff Okay. Chair Suarez: Okay. Vice Chair Sarnoff Mr. Manager, we have not removed any peacocks, correct? Julie O. Bru (City Attorney): Commissioner, that might be a classification that violates the Equal Protection clause. Vice Chair Sarnoff True. But -- Ms. Bru: You're treating the chickens differently from the peacocks. Chair Suarez: Thankfully, animals are not subject to equal protection. PZ.1. Johnny Martinez (City Manager): Mr. Vice Chair -- Chair Suarez: PZ.1. Mr. Martinez: Mr. Vice Chair, we have not, but remember -- Chair Suarez: PZ.1. Mr. Martinez: -- today's peacock is tomorrow's feather duster. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Suarez: Francisco. Are you around, Francisco? PZ.1. City of Miami Page 215 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 PZ.1 11-01196Iu Commissioner Spence -Jones: PZ.1. Priscilla A. Thompson (City Clerk): Before you start, we need to read our PZ (Planning & Zoning) order of the day and I will need to administer the oath. Chair Suarez: Go ahead. Ms. Thompson: Thank you. Maria J. Chiaro (Deputy City Attorney): PZ items shall proceed. According to Section 7.1.4 of the Miami Zoning Code, before any PZ item is heard, all those wishing to speak will be sworn by the City Clerk. Staff will briefly describe each item as it is to be heard. Members of the City Commission shall disclose any ex parte communications. The appellant or petitioner will then present the request and may waive the right to an evidentiary hearing. The order of presentation shall be as described in the City code. Members of the public will be permitted to speak on certain petitions. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Chair Suarez: Thank you. Ms. Thompson: Those of you who are in the chambers and you will be testing on any P&Z items, I ask that you please stand and raise your right hand so that I can administer the oath. The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Ms. Thompson: Thank you. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES, SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE NORTHWEST PORTION OF REAL PROPERTY LOCATED AT APPROXIMATELY 150 NORTHEAST 42ND STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; AND THE WEST PORTION OF REAL PROPERTY LOCATED AT 4218 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-011961u CC 07-26-12 Fact Sheet.pdf 11-011961u Analysis, Maps, Sch. Brd. Conc. & PZAB Reso.pdf 11-011961u CC Legislation (Version 2) & Exhibit.pdf 11-011961u-Submittal-Kent Harrison Robbins.pdf 11-011961u-Submit-Neisen Kasdin.pdf City of Miami Page 216 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 LOCATION: Approximately Northwest Portion of 150 NE 42nd Street and West Portion of 4218 NE 2nd Avenue [Commissioner Michelle Spence -Jones- District 5] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of Flagler Holding Group, Inc and FCAA, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on June 6, 2012 by a vote of 9-0. See companion File IDs 11-01196ap and 11-01196da. PURPOSE: This will change the above properties to "Medium Density Restricted Commercial". Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13333 Chair Suarez: Madam Clerk, can we take PZ.1 through 3, the discussion on this -- Priscilla A. Thompson (City Clerk): If that's what you want -- Chair Suarez: -- together? Yes. Ms. Thompson: -- yes. But each vote must be made separate. Chair Suarez: I understand. Ms. Thompson: Thank you. Kent Harrison Robbins: Hello. My name is Kent Harrison Robbins. I'd like to raise a notice issue involving this matter. Chair Suarez: Sure. Mr. Robbins: Thank you. It's going to take me a couple minutes to go through it. Chair Suarez: You got it. Mr. Robbins: And I have some handouts in support of the noticing requirements. This matter is set for both approval of ordinances and approval of ordinances approving development agreements. Under Charter 163.3225, which is the ordinance for public hearings concerning development agreements -- a copy of that will be distributed to you right now by my associate -- these ordinances -- this ordinance specifically provides for what must be contained in a notice for a hearing concerning approval of a development agreement. Before entering into a development agreement, a local government shall conduct at least two public hearings. Notice of intent to consider a development agreement shall be advertised approximately 7 days before each public hearing in a newspaper of general circulation and readership in the county where the local government is located. "The date, time, and place at which the second public hearing City of Miami Page 217 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 shall be held, it shall be announced at the first public hearing. What is particularly important is under 163.3225(b), specifies what the notice for each of these hearings shall include. It states under (b), the notice shall specify the location of the land subject to the development agreement, the development uses proposed in the property -- and this is what gets really important -- the proposed population densities, and the proposed building intensities and heights [sic] and shall specify where a copy of the proposed agreement can be obtained. I'd ask the Clerk to provide a copy of the notice, and I requested it before this hearing, to obtain a copy of that notice that was published. In that notice I'd ask the Clerk to provide a copy to this body and incorporate it into the record as required under your own ordinances. I'd ask that notice to be reviewed by the board. You will see that in that notice, it fails to provide the proposed specified, the proposed population densities, and the proposed building intensities and height. Or there is a general reference to the ordinances and a general reference to the plans and a general reference to the proposal. There is no specificity as to the proposed population densities, nor is there specificity as to the proposed building intensities and height. Moreover, the notice does not spec a place where a copy of the proposed agreement can be obtained. It references ordinances and it references resolutions but does not provide and specify where a proposed agreement can be obtained. So it's defective for lack of the population densities notice, the lack of building intensities and height notice, and lack of a failure to specifically state that the development agreement can be obtained through the Clerk's office. Chair Suarez: Thank you, sir. Mr. Robbins: That's the first grounds. Now I would request once again -- and I requested this before this hearing -- documentation and proof that the appropriate notices were sent out under Chapter 62. I'm sure you're well aware of it, of Chapter 62 of Miami code. That's the chapter that provides for notice by mailing, posting, and advertising. Under Article 7, which is the Article 7 in which we're proceeding under, and Article 3, a special area plan under 3.9.1(b) shall follow the rezoning process. And under 3.9.10, the development shall be a recorded development agreement. So under your own article, it requires you to follow the development agreement specifications of notice as I previously mentioned. Chair Suarez: How much more time do you need, sir? You -- I gave you -- Mr. Robbins: About two more minutes. Under -- Chair Suarez: Give you one more minute. Mr. Robbins: -- 3.9.1 rezoning -- Chair Suarez: One more minute. Mr. Robbins: -- process, notice shall -- and article -- it references Article 7 -- notice shall be given and the City shall cent fy the time of the hearing that notice has been provided under the code. 7.1.2.8(g)(1) states that notice shall be given by certified mail within 500 feet of property line and posting a newspaper notice by Chapter 62. Postings specifically says that the language under 62-129, the public hearing concerning rezoning of this property from some zoning to another zoning or a clearer explanation of what the public hearing is about. In the notice that I saw and was provided to me by Mr. Rodriguez, it does not clearly state in the language what the public hearing is for in the title, which is required under 62-129. It just says public hearing. And under (b) there's a requirement that the sign or posting shall be erected in full view of the public on each street side of said land. Now, from what I can tell at the first hearing, there was a deficiency of notice and that notice failed to show a sign on Northeast 1st Court, nor did it show a -- have a -- provide a sign on Northeast 1st Avenue. The documentation I received from Mr. Anel today was that there's no documentation, at least as of an hour or two ago, showing where the signs were posted for this particular hearing. There are only four photographs, and those City of Miami Page 218 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 four photographs would certainly not be sufficient to establish that sufficient postings occurred around the perimeter of the proposed area and on the street fronts of all the major streets -- Chair Suarez: I'm going to need you -- Mr. Robbins: -- in the area of the SAP (Special Area Plan). Chair Suarez: -- to wrap it up, sir. Mr. Robbins: That's all I have to say. Chair Suarez: Okay. Mr. Robbins: Based on that, I request this matter to be continued and properly noticed by posting, by hearing, and by advertisement. Chair Suarez: Thank you, sir. Director Garcia, do you have a response? Francisco Garcia (Director, Planning): Yes, sir. I will provide a -- first, a general response that we are certainly satisfied and we've vetted -- I'm speaking directly into the microphone. Can you hear me now? I'm sorry; I cannot get any closer to the microphone than I am presently. Am I being heard presently? Chair Suarez: I hope so. I can hear you. Mr. Garcia: Fantastic. Chair Suarez: Presently. Mr. Garcia: Can you hear me? Very good. So I will first provide a very general response, and the response is that we are satisfied that all of the criteria mentioned by Mr. Robbins had been complied. We have certainly researched our files and found that each and every one of those items is sufficiently addressed. Now, it is very much the case that some of the items that he has mentioned are not written out in full narrative. However, there is enough information contained in the materials that have been put out by way of notice to provide the information to anyone who should care to avail themselves of it to satisfy the requirements. And for perhaps more precise legal references, I would defer to the City Attorney. Maria J. Chiaro (Deputy City Attorney): I reviewed the language in the published advertisement, and prior to that advertisement being placed, in fact, the language was adjusted such that the densities and intensities in the description are advertised specifically with reference to our City code. Insofar as a notice in the published advertisement and in the mailed advertisement as to where the materials can be viewed, I am looking at the published advertisement, which states specifically copies of the proposed resolutions and ordinances are available at review and the address is provided in that notice, as well as in the mailed notice. I can make no comment as to the posting on the properties because I don't have anything except photographs so that I rely on the process that's used for posting of the properties. But I'm comfortable that the legally required language and notices had been provided both in the published notice and in the mailed notice that I am reviewing. I can make no comment as to whether the mailed notices reached each and every one of the required recipients. That list is provided to us by the applicant and so that would look -- that would require -- if, in fact, this were challenged, that would be an evidentiary hearing -- evidentiary issue. I don't believe it's a jurisdictional issue that which would preclude your consideration today. Chair Suarez: Thank you. City of Miami Page 219 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Robbins: I would ask -- number one, I'd like to cross-examine -- Chair Suarez: No. Mr. Robbins: -- whoever is in charge of -- as counsel said, it's an evidentiary issue. Then I would like to cross-examine the person most knowledgeable at this hearing as to noticing to establish, in fact, there was insufficient notice. It's re -- Chair Suarez: Can't you cross-examine him in a lawsuit if you sue for insufficient notice? Mr. Robbins: No, it cannot cross-examine. This is by petition for certiorari. That's how we would challenge it. So the record has to be made here. Chair Suarez: Madam Attorney. Ms. Chiaro: My reference to an evidentiary hearing was not related to that jurisdictional issue today but to the evidence that would be provided in a court reviewing any action taken today. Chair Suarez: Thank you. That's what I thought. Ms. Chiaro: The quasi-judicial hearing that would be conducted today, of course, will allow Mr. Robbins to cross-examine any testimony, but that is not that to which I was referring insofar as evidence on the jurisdictional issue. Chair Suarez: Thank you. Mr. Robbins: May I see a copy of the purported proof of posting, and may I see a copy of the -- Neisen Kasdin: Mr. Chair, I object. Mr. Robbins: -- purported notifications so I can review it? Chair Suarez: We will provide you everything that -- Mr. Robbins: 'Cause as a matter of due process, I'm entitled to that -- Chair Suarez: Our Administration -- Mr. Robbins: -- at this time before the hearing is over so I can raise my objections. Chair Suarez: I'm going to recognize -- Mr. Kasdin: Mr. Chair. Chair Suarez: -- the other party. You can talk to the Administration and then somebody there can provide you with whatever you're asking for. Mr. Mayor, you're recognized. Mr. Kasdin: Neisen Kasdin, Javier Fernandez, Akerman Senterfitt, One Southeast Third Avenue, representing the applicant. I concur with the City Attorneys advice. This is fully compliant with Florida law, specifically as well. The notice just has to be sufficient to put people on notice of what the subject is of the item before the Commission. This notice clearly does that. And if you look at any other city in any other jurisdiction, the notice is similar to this. You don't go into such detailed specificity because you're just putting them on general notice of the item that -- and City of Miami Page 220 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Right. Mr. Kasdin: -- with specific reference to the portions of the City code dealing with intensity, density, et cetera. Now, with respect to the -- this is not the appropriate forum to have a -- Chair Suarez: Evidentiary hearing on the notice issue. Mr. Kasdin: -- evidentiary -- well -- and two things. Number one, Mr. Robbins has the ability to make a public records request -- Chair Suarez: Absolutely. Mr. Kasdin: -- to get any document that is in the City files -- Chair Suarez: Absolutely. Mr. Kasdin: -- and he can then question them. It is not your obligations sitting on this podium to produce documents that have not been publicly requested. Secondarily, with respect to the mailed notice -- Mr. Robbins: I didn't raise mailed notice so there's no -- Mr. Kasdin: Well, there's a certi -- Mr. Robbins: I'm not raising it. Chair Suarez: We let you speak uninterrupted,- let's let him speak uninterrupted. Mr. Kasdin: There's a certification in the file of the notice that's provided and that certification complies with, on its face, the requirements of the law. If he has any questions about that, he can take it up in a subsequent jurisdiction or venue. Chair Suarez: Thank you, sir. Okay. Would you like to make -- Mr. Robbins: I would just -- Chair Suarez: No. We're not going to get into a back and forth. You preserved your arguments for the record. You have other legal rights. Would you like to make your presentation and then this Commission will take up the action? Mr. Kasdin: Yes, sir. Chair Suarez: Or was the -- is the Administration going to make a presentation first? Mr. Robbins: I'd like to proffer what I was going to say, but that's okay. If you're saying I can't proffer, then I'll just raise Chair Suarez: What would you like to proffer? Mr. Robbins: -- the issues on the subject. I'd like to proffer that, in fact, the notices, there were only photograph notices that were posted. It would be impossible to notice all the major highways and roads and frontages with just four posted notices -- Chair Suarez: Okay. Thank you. City of Miami Page 221 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Robbins: -- and, therefore, it would be insufficient. And I did -- Chair Suarez: Thank you. Mr. Robbins: -- just for the record, I did make a public record act request and I reviewed those particular notices -- Chair Suarez: Okay. Mr. Robbins: -- finding that insufficiency is why I raised it now -- Chair Suarez: Sure. Mr. Robbins: -- to assure that if there was more notices, I would get a copy of it 'cause this is a public hearing and I'd be entitled to it. Chair Suarez: And we'll consider that an additional public records request. Mr. Robbins: Thank you. Chair Suarez: Okay. Mr. Robbins: And I'd ask for it to be satisfied before this hearing is over. Chair Suarez: I don't know if that's reasonable, but Mr. Garcia, there's a -- you know, an additional public records request. Mr. Robbins: If they say there's new documents that were not produced right before this hearing Chair Suarez: Sir. Mr. Robbins: -- then we'd be entitled to it. Thank you. Chair Suarez: Sir -- Mr. Robbins: Thank you. Chair Suarez: -- I think I've been very liberal -- Mr. Robbins: Thank you. Chair Suarez: -- in allowing you to -- Mr. Robbins: Thank you very much. Chair Suarez: -- state your comments on the record. Mr. Garcia. Mr. Garcia: The only comment I wanted to make additionally is that we have received Mr. Robbins' public records request and we have addressed it. He has been provided with all the copies that we have on file presently. Chair Suarez: Okay, so there is nothing to supplement that request? City of Miami Page 222 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: I think the -- Mr. Chairman, I think what he -- what -- basically, what he's saying is -- so I want to be on the same page -- he's saying that when he -- he's received the information from your office. That's how he knows -- I'm assuming you know that there were only four notices -- Mr. Robbins: Right. That was -- Commissioner Spence -Jones: -- and -- Mr. Robbins: -- four photographs, and I could introduce that into the record right now, a copy of those notices -- Commissioner Spence -Jones: Okay, but you're -- Mr. Robbins: -- just if you're curious. Commissioner Spence -Jones: -- saying it's four. Let's just say it is four. Chair Suarez: You can give that to the Clerk. Commissioner Spence -Jones: So, Francisco, I just want to know from you is that sufficient, four notices out posted? Mr. Garcia: I can state that what we happen to have on the record at present in our file is in fact, as Mr. Robbins has pointed out, four photographs or four notices. We do not do the notices ourselves so there may have been more. And simply four photographs at four points had been taken for evidentiary purposes. There may have been more. I would refer that question to the Code Enforcement Department. Commissioner Spence -Jones: So can I -- Commissioner Gort: May I? Commissioner Spence -Jones: I'm sorry. I just want to be clear. Mr. Kasdin: Commissioner. Commissioner Spence -Jones: Mr. Neisten [sic], how many notices were actually put out? Was it only four? Mr. Robbins: I'm talking about posted notices. Commissioner Spence -Jones: Post. Mr. Robbins: Posted notices. Commissioner Spence -Jones: Posted notice. I'm not talking about the -- it being mailed or anything like that. How many --? Chair Suarez: Do you mean the red notices that are posted? Mr. Kasdin: We're not responsible for the posted notices. Mr. Garcia: Right. No. City of Miami Page 223 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Right. Commissioner Spence -Jones: Well, he just said you guys are. Mr. Garcia: No, ma'am. I'm sorry. I -- what I said is the Code Enforcement Department does that, so I would refer that question to the Code Enforcement Department. Commissioner Spence -Jones: Oh, jeez. I'm sorry. Is Code Enforcement around? Commissioner Gort: Now, let me -- Commissioner Spence -Jones: And then I -- Commissioner Gort: I'm sorry. Let me ask one question. What is the City commitment once the posters are up and somebody comes and takes them off? Do we have to continue putting them up or how does it work? Mr. Garcia: Because we know that that happens now and again, unfortunately -- Commissioner Gort: I know. Mr. Garcia: -- we make it a point to at least maintain some photographic evidence of the fact that the posting was in fact done. Chair Suarez: Is it fair to say, sir, that your objection is based on what the City has provided you, not what has potentially in fact incurred -- occurred? Mr. Robbins: I'm relying on the City's representation they have only four photographs of posted notice for this hearing. And at the prior hearing there were many more photographs provided because they noticed the prior hearing with more locations because they were -- they weren't fully in compliant then, but they certainly weren't in compliant now because there's substantially less major streets that had been noticed and there's -- Commissioner Spence -Jones: I mean -- Mr. Robbins: -- substantially less frontages that had been noticed because there's only four. Chair Suarez: But you do admit that -- Mr. Robbins: And we have to assume that that's true. Chair Suarez: -- you do not know how many -- Commissioner Spence -Jones: Right. Chair Suarez: -- notices were placed? Commissioner Spence -Jones: Code Enforcement is here. And I just have just a simple Administration question, which should be probably standard. How many notices actually are put up when we're doing these projects? Is there a standard amount of notices, 4, 20, 16, 50? What's that number in order for you to be compliant? Mr. Robbins: Under the ordinance, every frontage of a land that's -- whose -- which zoning is going to be changed requires a posting. City of Miami Page 224 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: Okay. Mr. Robbins: In addition, if there's a long frontage in front of one property, there may be a requirement of more than one notice on that street should it -- this board determine that more notice is necessary. Commissioner Spence -Jones: And I'm sure you did your due diligence, so I'm sure when I ask you this question, you should probably have an answer for it. Based upon what you know it should be, how many notices -- 'cause they're trying to figure it out -- should have been put out based upon the frontage, based upon the information, based upon what you've already put on the record? I know it's not four. Definitely has to be more than four. How many would you say should have gone out? Chair Suarez: Code Enforcement director. Mr. Robbins: Approximately -- at least nine, at the very minimum, and that's assuming that you can notice it by just doing it at a corner of one street which might be five streets long, but if you do in one spot, if that's deemed adequate. So there needs to be at least nine from what I can tell. Commissioner Spence -Jones: Okay, Code Enforcement. Mr. Robbins: And they didn't even comply with that -- the previous time, they did not notice 39th, 40th Street, 41 st Street, nor did they notice Northeast 1st Avenue. Commissioner Spence -Jones: Okay. Chair Suarez: Okay. Commissioner Spence -Jones: So -- Mr. Robbins: Even the prior ones, and I don't know what they notice now. I only know it's only four. Mr. Kasdin: Mr. Chair, may I respond for -- very briefly? Chair Suarez: Well, let's just hear what the -- Commissioner Spence -Jones: Well, can we get Code Enforcement on the record? Chair Suarez: -- Code Enforcement director has to say and then -- I want to put this issue to rest, so I'll let you respond. Mr. Kasdin: But also, I want -- he's inadequately put the posture of this issue before you. The City code says the sign shall be erected in full view of each -- of the public. It says where large parcels of property are involved with street frontages extending over considerable distances -- which I would say, parenthetically, is the very definition of an SAP -- as many signs shall be erected on a street frontage as may be deemed adequate to inform the public. Chair Suarez: And by the way -- Mr. Kasdin: So -- Chair Suarez: -- we cannot -- we're not here to debate about it because that's -- if somebody's going to file a lawsuit, that's for a court to determine. City of Miami Page 225 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Kasdin: And he -- so Mr. Chair, I just want to make for the record, it is not what Mr. Robbins says; on a large application like this, that every block and every street must have a sign. It is discretionary on the part of the City. He has acknowledged that at least five signs were posted. Chair Suarez: Right. Mr. Kasdin: And in fact -- Mr. Robbins: Four. Mr. Kasdin: -- obviously, he received notice because he's here today. Chair Suarez: Okay. Commissioner Spence -Jones: Okay, Code Enforcement, can you please put it on the record? Jessica Capo (Interim Director): Code Enforcement, Jessica Capo. Yes. What we usually do is we usually put one wherever the notice states, exactly where it states. And then, if it is a large block, we usually put one also at the end of the block and sometimes in the middle. At this moment we do have four postings. I would have to get back with you to see if there was more postings that were not forwarded only because these are the main quadrants of -- Commissioner Spence -Jones: So we don't really know? Ms. Capo: At this moment, we don't. Commissioner Spence -Jones: No. Chair Suarez: Okay, thank you. Thank you. Commissioner Spence -Jones: Mr. Chairman -- Mr. Garcia: I'm sorry. May I address that point briefly? I apologize, Madam Commissioner. But we do know that at least four were posted, and we do know that those were posted at cardinal points that coincide with the surroundings -- Ms. Capo: Yes. Mr. Garcia: -- of the property described in the application. Commissioner Spence -Jones: Okay. So -- where's the guy that's having the issue? Where is he at? Did he leave? Chair Suarez: Who? Commissioner Spence -Jones: Okay. This is my question. I know from the last hearing when we had this discussion, I know that you guys were going to sit down as well, 'cause I know that that was an issue in the discussion that there were -- did guys -- did that ever happen from now to --? Mr. Kasdin: We have talked some and actually had some discussions about resolving our differences. Commissioner Spence -Jones: Because -- okay, so -- 'cause he -- you didn't really mention the notice issue the last time, and he said they didn't put enough notices up the last time either. So, City of Miami Page 226 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Neisen, can you tell me what came out of it, if anything? Mr. Kasdin: Well, I -- you know, I think the settlement discussions we've had I would guess, I would characterize as confidential. Commissioner Spence -Jones: Right. Mr. Robbins: Right, that's correct. Commissioner Spence -Jones: I don't need to know what they were -- Mr. Kasdin: You know, if -- Commissioner Spence -Jones: -- but just -- Mr. Kasdin: Their concern -- the stated public concern is that the construction, which would surround his client's property, would affect his client's property and, of course, we will have a construction protocol agreed to before building permits are obtained to make sure that there is no impact or damage to his client's property. Commissioner Spence -Jones: So you guys are in discussion to resolve what his issue and concern is? Mr. Kasdin: Yes. Commissioner Spence -Jones: Okay. 'Cause my question would be -- and this is simple, and then we got to move on. So if the notice -- let's say they did put all the notices out. That's your main concern, right? If the notices were out -- 'cause at this point we don't really know -- but if they were put out, then would you have an issue beyond that? I mean, you still would have -- Mr. Robbins: Yes. We have substantive arguments about the proposal that we'd like to raise as it directly affects our property and some of it's going to require clarification in the record because the documents are somewhat ambiguous, but I'm hoping that those ambiguities will be clarified during the course of this hearing. Fortunately, we do have a public hearing, and I love process. Chair Suarez: I can see that. Commissioner Spence -Jones: I mean, this is -- Chair Suarez: Director Garcia. Commissioner Spence -Jones: -- a project that's in my district, and I know you guys know I've been going back and forth with this issue in my district. And just so that I can put it on the record for Madam City Attorney, I haven't had any discussions with you guys, but I know that our -- my chief of staff has, and I just want to make sure I put that on the record regarding the community benefits agreement 'cause I wanted to make sure the community was happy with whatever -- Mr. Kasdin: Yes. Commissioner Spence -Jones: -- was going to be proposed. So I want to push -- put that officially on the record -- Mr. Kasdin: And for the -- City of Miami Page 227 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: -- for ex par -- Ms. Chiaro: As a Jennings disclosure. Commissioner Spence -Jones: -- of the Jennings disclosure. So I know that we've been going back and forth and I think we've gotten to that point. Can I ask this question, because I think that he does -- he's raising some valid issues and concerns? Is there any -- outside of this item, is there any way where we can pull out, Madam City Attorney -- do we have to vote on all three items today? Mr. Kasdin: You would because you can't adopt the SAP without the development agreement and you can't -- okay, then I retract that. I guess you can. But, I mean, they should all go in tandem. Commissioner Spence -Jones: I mean, you would like for them all -- Mr. Kasdin: And the advertisements that he's -- the advertisements that have been out there had been for all three items though. And I would like to reiterate, Commissioner Spence -Jones, that he is mischaracterizing the notice requirements of the City code for large parcels of properties, which this is. It is the discretion of the City to determine how much posting of notice is adequate. And it's been acknowledged on the record by Mr. Robbins, who obviously has received notice, that at least four notices were posted on the property. Your Planning director as well has testified as to the notice that's provided. I think there's more than adequate record of compliance for the City's requirement. Commissioner Spence -Jones: I know but, you know, I'm trying to be fair to both sides of the equation. And I was hoping that by the time you guys came back, whatever needed to be resolved is resolved. Once I vote on this item, however, or we vote on it, you know, it's -- the issues and concerns that he has, you know, they all go away. I mean, of course, he has the option of suing. But I'm trying to figure out what can we resolve so that, you know, this can be -- Mr. Kasdin: Commissioner, if I may address that a little more fully then. The stated objection, of course, with regard to the impact of construction on his client's property can be easily dealt with and is routinely dealt with at the building permit stage. There is another item between the parties, in that his client is challenging the vacation of a right-of-way which is within the SAP. Commissioner Spence -Jones: Yes. Mr. Kasdin: That -- they were dismissed on summary judgment but have appealed that dismissal, and so there is other litigation pending. Commissioner Spence -Jones: Okay. Mr. Kasdin: So it's not so simple and it is -- there's no way of predicting that the matters between these two parties could be resolved with any foreseeable time period, so I would request that the adoption of the SAP, the land -use plan amendment, the zoning, the development agreement not be held up because there's no way of us determining when these issues that are going to be resolved that are now being litigated. Commissioner Spence -Jones: Okay. Do you have any comments or --? Mr. Robbins: Well, this is the problem. What appears to be notice issues -- at the very least by the fact that the lack of evidence in the record as to what was noticed -- will open up this door, the door to litigation, unnecessary litigation if you can correct it. City of Miami Page 228 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: Okay, stop. Mr. Robbins: Over and over again I see -- Commissioner Spence -Jones: I got you. One second. Mr. Robbins: It's a mistake to do that. Commissioner Spence -Jones: I want to ask a question to my City Attorney. Is that true? Ms. Chiaro: Is that --? Commissioner Spence -Jones: Will this open up the door for litigation if they -- if we can't -- or no -- obviously we can't -- prove more than four notices went out? Ms. Chiaro: I think the door to litigation can be opened whether he made that presentation or not. Mr. Robbins: That's correct. But this is something that would be -- well, in my experience, notice issues are strictly construed, are deemed jurisdictional, and failure to comply with notice brings (UNINTELLIGIBLE) rather quickly and easily in these matters. Substantive issues are another matter. And -- Chair Suarez: That's not the proper forum. Mr. Robbins: -- I would think that to -- you know, to be safe, you'd want to just properly notice this matter. Commissioner Spence -Jones: Okay. So this is what I'm going to ask to have happen. Neisen, can you finish your presentation? Mr. Kasdin: Yes. Chair Suarez: Well, I think the -- Commissioner Spence -Jones: Okay. Chair Suarez: Do you want the Administration to make --? Ms. Chiaro: Actually, we haven't begun the process of -- Mr. Kasdin: We haven't begun the presentation. Ms. Chiaro: -- the presentation yet. Chair Suarez: Right. Commissioner Spence -Jones: Yeah. Can he -- Chair Suarez: Okay. Commissioner Spence -Jones: -- (UNINTELLIGIBLE), can he do his presentation? Chair Suarez: I think we have -- City of Miami Page 229 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Ms. Chiaro: Yeah. Mr. Kasdin: It was to be first the Planning director and then I'm -- my remarks will be very brief because -- Commissioner Spence -Jones: Okay. Mr. Kasdin: -- we -- Chair Suarez: Okay. Mr. Kasdin: -- presented in full last time. Commissioner Spence -Jones: So we ready. Can we hear this out, please? Mr. Robbins: And I just want to reserve my right to cross-examine witnesses when I come back up here the second time. Chair Suarez: We'll see. Depending on -- Mr. Robbins: Well -- Chair Suarez: -- what your cross-examination relates to. Mr. Robbins: Directly subject matter of this approval. Chair Suarez: Subject matter, yes. Mr. Robbins: Yes. Chair Suarez: Notice, no, 'cause you've already put everything on the record in terms of your notice objections. Mr. Robbins: I understand I will not -- Chair Suarez: Okay. Mr. Robbins: -- I understood that that's preserved at this point -- Chair Suarez: Thank you. Mr. Robbins: -- and I would go forward to -- on the subject matter. Thank you. Chair Suarez: Appreciate it. Commissioner Spence -Jones: Okay. Ms. Chiaro: And I would like to add for the record that it is preserved but may have been waived. Thank you. Chair Suarez: Thank you. Okay. Mr. Garcia: And I would like to add, just because it has not been stated as equivocally as I think it might have been, that we believe that this item has been appropriately noticed, even considering that only four postings may have been made and that our notice procedure for this City of Miami Page 230 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 particular application is in full compliance with the mandates of the City code and zoning ordinance. Commissioner Spence -Jones: Okay. Chair Suarez: Thank you. Mr. Garcia: Having said that, I would -- this application actually consists of three items, PZ.1, PZ.2, and PZ.3. PZ.1 is actually the land -use change proposal. PZ.2 is the special area plan proposal itself. And PZ.3 is the development agreement. For all these three items, our recommendation -- that would be Planning and Zoning Department -- is for approval with conditions, and that of the Planning, Zoning and Appeals Board is also of approval with conditions unanimously. This particular application has been through a series of boards and committees, including the Urban Development Review Board, the Historic & Environmental Preservation Board, and many others, and all of them have recommended favorably. With that, I will yield to the applicant for a presentation, and I will happily answer any questions you may have. Thank you. Mr. Robbins: And we're going to introduce into the record -- Mr. Kasdin: Mr. Chair. Commissioner Spence -Jones: Okay. Chair Suarez: Yes. Mr. Robbins: We will introduce into the -- Mr. Kasdin: Mr. Chair. Mr. Robbins: -- just so we have it -- Mr. Kasdin: Excuse me. You'll -- Chair Suarez: You're recognized, sir. Mr. Kasdin: Thank you. Mr. Robbins: We will be introducing into the record -- Chair Suarez: He's recognized. Mr. Robbins: Okay. Chair Suarez: Thank you. Mr. Robbins: I just want to make certain I'm not -- as to the notice, we're going to submit support into the record. Chair Suarez: I don't want to talk about that notice anymore. You've already talked about that notice ad nauseam so. Mr. Robbins: But I'm going to submit it to the Clerk and I have to have your permission -- Chair Suarez: You can submit whatever you want to the Clerk. You don't have to put that on the City of Miami Page 231 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 record. Mr. Robbins: Is she --? Chair Suarez: Sir, you're recognized. Mr. Kasdin: Mr. Chair, again, Neisen Kasdin and Javier Fernandez, at One Southeast Third Avenue for the applicant. Our full team is here today: Christina Miller, the planner; David Holtzman, owner's representative; John McWilliams for traffic; available for questions if you have those questions. But since there was a full presentation of the land use, the zoning, the master plan, the SAP that is, and the development agreement at the last hearing on this matter, we will not present again. There's no need to. We would ask that it be noted for the record and incorporated in the record all presentations and testimony that were presented at the last hearing. Chair Suarez: Thank you. Mr. Kasdin: There is only one thing that I would like to bring to the Commission's attention, and I would also preface this by saying that we have worked well -- extremely well with the staff. This has been a big undertaking, complicated, and Francisco and Carmen and their staff have been excellent in this endeavor. The one item is this, and this is with regard to the development agreement. There is a requirement in the -- an issue in the development agreement with respect to the street improvements throughout the area of the SAP. As the development agreement is written, it proposes that not only the areas in front of the applicants, that is, Dacra and its affiliated entities' properties, would be the beneficiaries of these very expensive street improvements, but that these street improvements as well would be extended before other properties which would not pay towards this necessarily and are not owned by the applicant. Now it is the common desire of both Dacra and its affiliates and the Planning Department that the entire design district have the same street improvements. However, the way that it is -- we would like it worded in the development agreement is not that it is our obligation from the get -go to provide those improvements in front of other owners' properties, but that the City will undertake its efforts to either obtain the other property owner's contribution towards this so that the street improvements are made or that we will create a financing vehicle to pay for these improvements. This past year in the State Legislature, actually there was legislation passed which would have funded this, but it was ultimately vetoed by the Governor. And so that we would have a period of three years within which the City would undertake to make these efforts to get the other property owners or create funding sources in which to pay for these improvements; failing which, we would pay for these improvements before the properties. Now what Mr. Fernandez handed out to you shows the areas that are non-Dacra related properties that would receive these street improvements. And so all we're asking is that, ultimately, if after three years there is no -- if after three years we're not able to find a vehicle to fund those, then we will pay for them. But in the interim, we'll make -- both make good faith efforts to find that. Commissioner Spence -Jones: Okay. Chair Suarez: Okay. Mr. Kasdin: Other than that, I have no other comments. Commissioner Spence -Jones: So you're just amending it? Mr. Kasdin: Yes. Commissioner Spence -Jones: Okay. City of Miami Page 232 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Mr. Garcia, do you have anything else to add? Mr. Garcia: No, sir, other than to reiterate I guess what the applicant has mentioned on the record, which is that we independently will pursue the addition of the remainder of the design district and incorporate it onto the same regulations that pertain to this special area plan so that the whole district can be developed in a unified fashion. Chair Suarez: Thank you, sir. Does any other member of the public wish to speak on PZ.1 through 3? Hearing none, seeing none, the public hearing is closed. Mr. Robbins: I announced I'm going to make a presentation. Chair Suarez: How long, sir? Mr. Robbins: It'll be -- I'll keep it down to six minutes. Chair Suarez: Five. Mr. Robbins: Will you please --? Chair Suarez: Five minutes. Mr. Robbins: I'm going to hand -- five minutes. Chair Suarez: Thank you. That's what I gave the other gentleman by the way. I gave him the exact same time, five minutes. Mr. Robbins: Okay, I'm going to -- Chair Suarez: Thank you. Mr. Robbins: -- be handing out some documents that are from the -- previously provided by the applicant, and I'm going to call your attention to pages A1.11 and AI.12, which is part of the Miami Design District Retail Street Special Area Plan, and I want to call your attention to which property we own. My name is Kent Harrison Robbins. I represent Essie Investment Holdings, LLC (Limited Liability Company), which owns the property at 120 Northeast 39th Street. I'm going to be providing a warranty deed as part of the record. Our property is the area, as can be shown -- if you look at this document, the area that's circled in pencil. It's a small one lot surrounded by the proposed development. Our concern, as expressed earlier, was of course about construction going on around the property, but we have a greater concern, and that's the issue of means of egress and fire exits to the rear door of our property. It is not clear from what's presented there as to whether or not there'll be a means of egress to go both north and south -- excuse me, go east and west from the rear of the door. If you look at A1.12 and you look on the left side, on the first level there appears to be some type of white space behind our property and leading to Northeast I st Avenue as well as to the plaza that's going to be immediately to its east. However, if you look at the second floor, it looks like there is no -- there's no such easement and no such opening. It looks like the building, which is supposedly a department store that's going to be built there, is going to kind of lever over our means of egress. So the first question I have -- and I'd ask for the Planning director to state on the record whether or not our -- and I'd ask the Planning director to explicate on the record whether or not by virtue of approval of this SAP that our means of egress will be preserved. And that's the first question. Mr. Garcia: I am presently looking at the document handed out, and I understand your assertion to be that the means of egress you're referring to is through the rear of the property so not through the frontage which would be along Northeast 39th Street but rather through some City of Miami Page 233 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 other means of ingress and egress through the rear of the property. Is that correct? Just for an example. Mr. Robbins: Right. As a fire exit and as a rear door exit, yes. Mr. Garcia: Right. And is it your assertion that there is an alleyway behind that property, that that is public right-of-way? Mr. Robbins: It's not clear as to what this SAP is approving. It appears that there is a walkway that's going to be available to my clients to the plaza and to Northeast 1st Avenue, but it's -- they don't address it in other provision and there's no details -- if this was a MUSP (Major Use Special Permit) like the old days, we'd have all the details. It would be down to the mullions, it'd be down to the setbacks, it'd be down to where the doors are going to be. This is just a general conceptual plan, so we don't know. So what we're asking is is by virtue of this approval, are you -- is the means of egress through the rear of our building preserved as it appears to be in A 1.12? And I want to state for the Planning director that we will be protected in the future. Mr. Garcia: What I can tell you, that the plans as proposed reflect -- and this coincides fully with all the documents that we have at the City -- is that the property you refer to is not being encroached or imposed upon in any way whatsoever. On the other hand all the other surrounding properties, which are not owned by the individuals or entities you represent, all of those will be improved in a manner contemplated by the plan, and none of that improvement contemplates or provides for any special treatment or means of egress or ingress to this property. So as far as we are concerned, as far as the City is concerned, ingress and egress for the property in question shall be through 39th Street, which is the only frontage recognized for that property. Mr. Robbins: And I would ask that the area open space, will that be a means of egress behind our rear door that will be occupiable by persons other than my clients so that, in fact, there would be a flow of people behind our rear door and -- which would be, number one, a security issue, but moreover, how would they patrol and ensure that only the people that are -- you know, that have an ownership in the SAP have access to that area and no other person? Mr. Kasdin: For the record, I objected to this line of questioning. Planning director's also answered it. This is single parcel of property with no right to ingress or egress to the rear of that property and that has been established on the record. And what he's talking about now is outside of and beyond the scope of this application that's before you. Chair Suarez: Okay. Mr. Robbins: The reason why I raise this -- Mr. Kasdin: A right that does not exist. Mr. Robbins: -- 5.21.12 shows an open space and does not show a building in that area. And if you look at both that and the other A1.11 on the left side, it also indicates no building and open space and walkways in the rear of my client's property. Mr. Kasdin: We are showing what is on our client's property, not his. And so whatever is on our client's property is not something that he has a right to under any circumstance. Mr. Robbins: But we want to know if there's access. For example, if there's fire access, police -- Mr. Kasdin: Don't have a right. It shouldn't be a subject of discussion. City of Miami Page 234 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Robbins: -- access -- Chair Suarez: Okay. Mr. Robbins: -- fire department access and that's -- it's either indicated or not indicated. It shows it on this diagram that there's open space behind my client -- Chair Suarez: Please. Mr. Robbins: -- and that needs to be clari -- Commissioner Spence -Jones: Okay. Can I -- Chair Suarez: Please. Thank you. Commissioner Spence -Jones: -- just ask a question on --7 Mr. Robbins: Yes. Chair Suarez: Like we're getting off tangent. Commissioner Spence -Jones: I -- 1.12, which is floor -- I guess that means first floor -- Mr. Kasdin: Yes. Commissioner Spence -Jones: -- where you have this circled -- where he has it circled. Mr. Robbins: Right. Commissioner Spence -Jones: Okay. You see the little -- I guess the little white -- I'm assuming that's giving you access to go to -- Mr. Garcia: No, ma'am. Commissioner Spence -Jones: What's that --? Mr. Garcia: I'd like to answer that question. And where he points out and where Mr. Robbins points to a gap, let's say -- Commissioner Spence -Jones: Yes. Mr. Garcia: -- between the area -- Commissioner Spence -Jones: The blue box and the red box. Mr. Garcia: -- covered in red and covered in lavender, I suppose, underneath it, that white gap has no legal or material significance to this application. It may as well be a printing error. It does not convey or provide any access to anyone. A more reliable record is the one that we've submitted in the application that you have before you which shows that the property represented by Mr. Robbins and the property to the south represented under this application are abutting. There is a property line separating the two. And the master plan presented to you and for your consideration today includes improvements and development of the parcel to the south up to the property line as allowed by the zoning ordinance. And, more specifically, in terms of ingress and egress, which is the issue raised by Mr. Robbins, we, the City of Miami, expect and would recognize that ingress and egress to that property would be from 39th Street, Northeast 39th City of Miami Page 235 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Street, which is the only frontage that property has. Commissioner Spence -Jones: Okay. Mr. Garcia: Now, there are in the master plan contemplated certain improvements that may very well be accessible to the public, but no specific grants or rights to access that -- those improvements are granted to anyone other than the property owner, which happens to be Dacra, the applicant. Commissioner Spence -Jones: Okay. All right. Vice Chair Sarnoff Isn't the simple answer to this question, Life safety issues will be dealt with by permit and will be dealt with by a fire inspector and there's no way you could address that at this level of context? So isn't the simple answer, Life safety will be addressed from further documentation? Mr. Garcia: That certainly is true, Commissioner Sarnoff. But above and beyond that, I would like to address the issue raised by Mr. Robbins regarding rights of ingress and egress. We recognize no such rights. Vice Chair Sarnoff I just heard him use the word how will fire have access, how will -- you know --? Mr. Garcia: That becomes an issue for the property owner to deal with, yes. Vice Chair Sarnoff Right. Commissioner Spence -Jones: Okay. So we've heard -- Mr. Robbins: That's -- now the second issue we are raising is the issue of the vacating on Northeast 1st Court. As properly stated by Mr. Kasdin, we have pending litigation. We're going to provide a copy of the resolution concerning the vacating abandonment of Northeast 1st Court, which I believe Mr. Kasdin acknowledge is a requirement in order to go forward with this SAP. We did not get actual notice of this closure. It happened very shortly after we acquired the property. And that matter is on appeal. Should that matter be reversed on appeal, I want the record to be very clear -- and we're going to provide a copy of this to the Clerk -- we want to be very clear that we will come back to move to set aside this SAP pursuant to that order because this SAP is dependent on the closure of Northeast 1st Court. Mr. Kasdin: Mr. Chairman, I would respond -- Chair Suarez: Okay. Thank you. Mr. Kasdin: -- to that briefly. Chair Suarez: Yes, briefly, so we can move forward. Mr. Kasdin: Yes. As I mentioned before, that action was dismissed in summary judgment in the circuit court. But beyond that, the SAP includes many other actions that have to be taken by many other governmental jurisdictions. For instance, the only other SAP passed in this town, the Swire Brickell Center one, after its passage, required eight or nine other governmental agencies to improve things like vacating streets and giving easements and creating rights -of -way. That's the nature of an SAP. So those do not have to be -- in fact, they should not be in place before the SAP, which is, in essence, the master plan is approved. City of Miami Page 236 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Thank you. I think you put your comments -- Commissioner Spence -Jones: Okay. So we've heard -- that's it, right? Mr. Robbins: That's the comments that we have to make. Commissioner Spence -Jones: Okay. Mr. Robbins: Otherwise, we wish the best of luck. Chair Suarez: Thank you. Commissioner Spence -Jones: Okay. Chair Suarez: Thank you. Is there a motion? Commissioner Spence -Jones: So moved, but I have some -- Commissioner Carollo: Second. Chair Suarez: It's been moved by Commissioner -- Commissioner Spence -Jones: I do want to make sure some things are -- Ms. Thompson: I'm sorry. Commissioner Spence -Jones: We have to do one by one. Chair Suarez: Wait. I know; I have to close the public hearing. I know, I know. I'm just trying to move this forward. Ms. Thompson: Okay, ifI might. I'm sorry, your mover was? Chair Suarez: Commissioner Spence -Jones. The second was Commissioner Carollo. Ms. Thompson: Thank you. Commissioner Spence -Jones: Okay. I just want to make -- that's for item -- you have to do each one individually, right? Chair Suarez: We have to vote individually, but we're taking them together for discussion purposes. Commissioner Spence -Jones: Okay. On the -- I just want to make sure on the community benefits agreement, I just need to have clarity on something, okay? Mr. Kasdin: Yes, Commissioner. Commissioner Spence -Jones: All right. First of all, I want to thank you, guys, for definitely working along with the community to address their main issues. I want to go to Section 14 real fast. I just have some concerns from the standpoint of where it says retail street projects, because once we vote and approve this item, this kind of gives you the right to do it. I'm a little concerned about the event banners. I want to make sure that that doesn't turn to murals, okay. Mr. Kasdin: It does not refer to murals, Commissioner. City of Miami Page 237 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: Okay. But Trust want to make sure -- Mr. Kasdin: Make that on the record. Commissioner Spence -Jones: -- you know, and I don't know if that's the City staffer that can address -- Then I'm concerned about the farmer's markets, the outdoor sales, the neighborhood sales events. I just want to be clear -- I mean, they still would have to go through the process of actually getting a permit, correct? Mr. Garcia: Yes, ma'am. I'll make a slight nuance distinction. Because part of what is shown on this plan as public space, so to speak, happens to be private property that is going to made accessible improved -- to be made accessible to the public. Within that portion of the area that is private property, they will be able to have these events as provided in the language that you're reading. However, if any of that activity should affect or encroach into the public right-of-way, they will be subject to exactly the same process any other property owner in the City would that is provided for in the City code and that remains intact. Commissioner Spence -Jones: Okay. I'm just going to give you a perfect example, Wynwood Walls, they have to have permits. Even though the event is on their grounds, okay, they still have to go through the process of having a permit, which is kind of a pain for them because every single time they want to do something, they have to -- and they only have a certain amount of permits over a certain period and it's within their compound because it includes that and the streets. So -- Mr. Kasdin: Commissioner -- Commissioner Spence -Jones: -- I just want to be clear that, you know -- Mr. Kasdin: Actually, Commissioner, important point. The intent of this actually is to exempt certain smaller events from the permit process and the criteria that is on our property, not on public property, and events or activities over a certain size that are specified in there exceeding 75 percent of the maximum permitted occupancy or 2,100 guests. That establishes a threshold in which we have to get the permits. So it allows on our private property certain low-level number of events and occurrences without the requirement of getting a permit. Commissioner Spence -Jones: Okay. All right, with that being said, I'm fine. Chair Suarez: Okay. Is there a motion? Commissioner Spence -Jones: You had a motion. Commissioner Carollo: You have a motion. Chair Suarez: Okay, motion and a second. Anyone from the public wishing to speak on PZ.1 through 3? Hearing none, seeing none, the public hearing on PZ 1 through 3 is closed. Mr. Garcia: IfI may, before you vote on item PZ.2, I have a couple of clarifications to make that does not pertain to PZ.1 or PZ.3. Chair Suarez: Okay. But the motion is for PZ 1. Madam City Attorney, it's an ordinance. Mr. Garcia: And I'm sorry. And may I also urge you to make your recommendation, if it is for approval, that it be for approval with conditions as set forth in the record? City of Miami Page 238 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Yes. Mr. Garcia: Thank you, sir. Chair Suarez: Does the maker accept? Ms. Chiaro: PZ.1 has no amendments. Commissioner Carollo: Yes. Chair Suarez: Seconder? Yes. Commissioner Carollo: Yes. Ms. Chiaro: PZ.1, the land -use change, has no amendments. Chair Suarez: I'm sorry? No -- okay. Ms. Chiaro: That has no conditions -- Chair Suarez: Got it. Ms. Chiaro: -- and no amendments, so it is PZ. 1 as -- Chair Suarez: As stated. Ms. Chiaro: -- appears in the agenda backup. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. PZ.2 ORDINANCE Second Reading 11-01196ap AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, PURSUANT TO ARTICLES 3 AND 7 OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, REZONING CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 19.08 ACRES FOR THE "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN ("SAP")", COMPRISED OF SELECTED PARCELS, BOUND APPROXIMATELY BY NORTHEAST 43RD STREET AND NORTHEAST 42ND STREET TO THE NORTH, NORTH FEDERAL HIGHWAY AND BISCAYNE BOULEVARD TO THE EAST, NORTHEAST 38TH STREET TO THE SOUTH, AND BY NORTHEAST MIAMI COURT AND NORTH MIAMI AVENUE TO THE WEST, MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT "A", CONSISTING OF APPROXIMATELY 1,109,488 SQUARE FEET OF FLOOR AREA SPLIT AMONG 51 PARCELS: A) APPROXIMATELY 951,718 SQUARE FEET OF EXISTING AND PROPOSED COMMERCIAL SPACE; B) APPROXIMATELY 96 RESIDENTIAL UNITS; C) APPROXIMATELY 53 HOTEL UNITS; D) City of Miami Page 239 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 APPROXIMATELY 2,571 ABOVE GROUND AND BELOW GRADE PARKING SPACES; E) APPROXIMATELY 41,735 SQUARE FEET OF CIVIC SPACE; AND F) APPROXIMATELY 35,191 SQUARE FEET OF OPEN SPACE; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-01196ap CC 07-26-12 Fact Sheet.pdf 11-01196apAnalysis, Maps & PZAB Reso.pdf 11-01196ap CC Legislation (Version 3) & Exhibits.pdf 11-01196ap Binder Cover.pdf 11-01196ap Binder Table of Contents.pdf 11-01196ap CC Binder Section A. Project Information.pdf 11-01196ap Binder Section B. Overall Project Description.pdf 11-01196ap Binder Section C. Thoroughfares and Circulation.pdf 11-01196ap Binder Section D. Examples and Illustrations.pdf 11-01196ap Binder Section E. Landscapes and Views.pdf 11-01196ap CC Binder Section F. Regulating Plan.pdf 11-01196ap Binder Section G1. Supporting Documents.pdf 11-01196ap Binder Section G2. Supporting Documents.pdf 11-01196ap-Submittal-Kent Harrison Robbins.pdf 11-01196ap-Submit-Neisen Kasdin.pdf LOCATION: Selected Parcels, Bound Approximately by NE 43rd Street and NE 42nd Street to the North, North Federal Highway and Biscayne Blvd to the East, NE 38th Street to the South, and NE Miami Court and North Miami Avenue to the West [Commissioner Marc David Sarnoff - District 2 and Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of "Miami Design District Retail Street SAP" Applicant Entities Described in Exhibit "B" and the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with conditions* to City Commission on June 6, 2012 by a vote of 9-0. See companion File Ds 11-011961u and 11-01196da. *See supporting documentation. PURPOSE: This will allow the rezoning of certain parcels for the development of Approximately 19.08 acres for the "Miami Design District Retail Street SAP". Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13334 Chair Suarez: PZ.2. Is there a motion? Commissioner Carollo: Move it. City of Miami Page 240 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Moved by Commissioner Carollo. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. It is a public hearing. Anyone from the public wishing to speak on PZ (Planning & Zoning) -- I'm sorry, I already closed the public hearing for all three. Maria J. Chiaro (Deputy City Attorney): You had the -- you have closed the public hearing. Chair Suarez: It's an ordinance. It's -- Kent Harrison Robbins: We're just preserving the record. Chair Suarez: -- your comments are preserved for three. Mr. Robbins: Right. Thank you. Chair Suarez: Right. Francisco Garcia (Director, Planning): And ifI may -- Chair Suarez: Thank you. Mr. Garcia: -- request that this particular motion be made for approval with conditions. Chair Suarez: Okay. Mr. Garcia: And subject to three -- Commissioner Carollo: Yes. Mr. Garcia: -- brief clarifications. Chair Suarez: The maker accepts. The seconder accepts. Commissioner Carollo: Yes. Mr. Garcia: And here's where I would like to make -- to insert three clarifications just to make the record abundantly clear. I will be brief. Again, three minor modifications that result from some language and consistencies and I'll address them very simply as this. One, that Article 5.6.5.B, Architectural Standards, will be modified to be consistent with related articles 5.4.5.B and 5.5.5.B, Architectural Standards. That's one. Two, Article 5.6.6.B, Landscape Standards, will be modified to be consistent with related articles 5.4.6.B and 5.5.6.B, Landscape Standards. And lastly, Article 5.6.2. C.2 and 3, Building Configuration T6, will revert back to the same language and form as presented in the regulatory plan documented for first reading. These -- I would characterize all these as insubstantial amendments and simply clarification by way of consistency for language. Chair Suarez: Thank you. It's an ordinance. The ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Your roll call of your second reading ordinance -- on this ordinance as modified. City of Miami Page 241 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Ms. Chiaro: Yes. Ms. Thompson: Okay. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, as modified, 5-0. PZ.3 ORDINANCE 11-01196da Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN (SAP)" APPLICANT ENTITIES AS DESCRIBED IN EXHIBIT "A" AND THE CITY OF MIAMI, FLORIDA, RELATING TO THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 19.08 ACRES FOR THE "MIAMI DESIGN DISTRICT RETAIL STREET SAP", COMPRISED OF SELECTED PARCELS, BOUND APPROXIMATELY BY NORTHEAST 43RD STREET AND NORTHEAST 42ND STREET TO THE NORTH, NORTH FEDERAL HIGHWAY AND BISCAYNE BOULEVARD TO THE EAST, NORTHEAST 38TH STREET TO THE SOUTH, AND NORTHEAST MIAMI COURT AND NORTH MIAMI AVENUE TO THE WEST, AS DESCRIBED IN EXHIBIT "A", FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, PARKING GARAGE AND ANY OTHER USES AUTHORIZED BY THE "MIAMI DESIGN DISTRICT RETAIL STREET SAP", AND PERMITTED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN - FUTURE LAND USE MAP DESIGNATION AND THE MIAMI 21 CODE, THE CITY OF MIAMI ZONING ORDINANCE DESIGNATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-01196da CC 07-26-12 Fact Sheet.pdf 11-01196da CC Legis. (Ver. 2), DevelopmtAgmt & Exhibits.pdf 11-01196da-Submittal-Kent Harrison Robbins.pdf 11-01196da-Submit-Neisen Kasdin.pdf LOCATION: Selected Parcels, Bound Approximately by NE 43rd Street and NE 42nd Street to the North, North Federal Highway and Biscayne Blvd to the East, NE 38th Street to the South, and NE Miami Court and North Miami Avenue to the West [Commissioner Marc David Sarnoff - District 2 and Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of "Miami Design District Retail Street SAP" Applicant Entities Described in Exhibit "A" FI NDI NG(S): City of Miami Page 242 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 PLANNING AND ZONING DEPARTMENT: Recommends approval. See companion File IDs 11-011961u and 11-01196ap. PURPOSE: This will allow the development of approximately 19.08 acres for the "Miami Design District Retail Street SAP". Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13335 Chair Suarez: PZ.3. Commissioner Spence -Jones: So moved. Chair Suarez: Moved by -- Commissioner Carollo: Second. Chair Suarez: -- Commissioner Spence -Jones, second by Commissioner Carollo. Neisen Kasdin: Mr. Chair, may I just for the record? Chair Suarez: Yes. Mr. Kasdin: We had proposed alternative language, which was distributed to you, with regard to the right-of-way improvements extending our own properties. Chair Suarez: Right. Mr. Kasdin: Would request that that language be substituted -- Chair Suarez: Okay. Mr. Kasdin: -- and incorporated in the motion. Francisco Garcia (Director, Planning): And our -- Chair Suarez: Does the Planning director agree? Mr. Garcia: -- recommendation is that that language be incorporated as presented in the record. Chair Suarez: Does the maker and seconder agree? Commissioner Spence -Jones: Yes. Chair Suarez: Maker -- yes. Commissioner Carollo: Yes. Chair Suarez: Okay. It's an ordinance. The ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. City of Miami Page 243 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Priscilla A. Thompson (City Clerk): Your roll call of your modified second reading ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, as modified, 5-0. PZ.4 ORDINANCE Second Reading 11-00823Iu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORI DA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF REAL PROPERTIES LOCATED AT APPROXIMATELY 457, 465, 473 AND 485 NORTHEAST 77TH STREET ROAD, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "PUBLIC PARKS AND RECREATION"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-008231u CC 07-26-12 Fact Sheet.pdf 11-008231u Analysis, Maps & PZAB Reso.pdf 11-008231u CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 457, 465, 473 and 485 NE 77th Street Road [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FI NDI NG(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on May 16, 2012 by a vote of 9-0. See companion File ID 11-00823zc. PURPOSE: This will change the above properties to "Public Parks and Recreation". Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo 13337 Chair Suarez: All right, let's do PZ.4. You got to be on your toes here. Would you like to present on behalf of the Administration? And we have the CRA (Community Redevelopment Agency). Forgot about that. Sorry. Vice Chair Sarnoff. That's right. I think it's about a three-hour meeting, don't worry. Commissioner Spence -Jones: I just -- City of Miami Page 244 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: I thought -- this is like lunchtime. Commissioner Spence -Jones: -- blew off the -- Chair Suarez: The Prime Minister of the Bahamas. Commissioner Spence -Jones: -- Prime Minister. Chair Suarez: Wow. That's big-time. Vice Chair Sarnoff. We're going to fly you out there. Chair Suarez: Yeah. Commissioner Spence -Jones: No, I don't want you to fly me anywhere. Chair Suarez: No, no, no, don't -- we don't need that -- Commissioner Spence -Jones: That's on the record. Chair Suarez: Okay. All right, guys. So PZ.4, is everybody ready? Let's go. Francisco Garcia (Director, Planning): Yes, sir. Items PZ.4 and PZ.5 are companion items. These are a land use amendment and a zoning amendment, respectively, for properties at 457, 465, 473, and 485 Northeast 77th Street. This is for four lots of land owned by the City of Miami between 77th Street Road and the Little River, which are presently designated for low -density residential, and the City would like to convert properly into a park. The land is vacant. It is otherwise nicely landscaped and it has traditionally been used for a park. We recommend approval. Chair Suarez: Thank you. Is there a motion? Vice Chair Sarnoff It's a motion, Mr. Chair. This is Manatee Park. This is a park that we purchased and -- Commissioner Spence -Jones: Second. Vice Chair Sarnoff Thank you. Chair Suarez: Motion by the Vice Chair. Second by Commissioner Spence -Jones. The -- I'm opening up the public hearing on PZ.4 and 5. They're companion items. Does anyone from the public wish to speak on PZ.4 or 5 as companion items? Seeing none, the public hearing is closed; coming back to this Commission. This is an ordinance on PZ.4. The ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-0. PZ.5 ORDINANCE Second Reading 11-00823zc City of Miami Page 245 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 457, 465, 473 AND 485 NORTHEAST 77TH STREET ROAD, MIAMI, FLORIDA, FROM "T4-R" GENERAL URBAN TRANSECT ZONE -RESTRICTED TO "CS" CIVIC SPACE ZONE; MAKING FINDINGS CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00823zc CC 07-26-12 Fact Sheet.pdf 11-00823zcAnalysis, Maps & PZAB Reso.pdf 11-00823zc CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 457, 465, 473 and 485 NE 77th Street Road [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on May 16, 2012 by a vote of 9-0. See companion File ID 11-008231u. PURPOSE: This will change the above properties to "CS" Civic Space Zone. Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo 13338 Chair Suarez: PZ.5. Francisco. Mr. Garcia, PZ.5. Maria J. Chiaro (Deputy City Attorney): The presentation (UNINTELLIGIBLE) both. Francisco Garcia (Director, Planning): PZ.4 and 5 were companion items. Chair Suarez: Oh, is there --? Okay. Vice Chair Sarnoff So moved. Chair Suarez: Moved by the Vice Chair -- Commissioner Spence -Jones: Second. Chair Suarez: -- second by Commissioner Spence -Jones. We closed the public hearing on the companion items. It is an ordinance. The ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. City of Miami Page 246 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Ms. Thompson: The ordinance has been adopted on second reading, 4-0. PZ.6 ORDINANCE Second Reading 11-00806zt TO BE CONTINUED BY THE ADMINISTRATION AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO.13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY MODIFYING ARTICLE 1, SECTION 1.2. ENTITLED "DEFINITION OF TERMS" AND ARTICLE 3, SECTION 3.6.3, ENTITLED "ADDITIONAL OFF-STREET PARKING REGULATIONS", TO ESTABLISH CONDITIONS AND STATIONING REQUIREMENTS FOR RECREATIONAL WATERCRAFTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00806zt CC 07-26-12 Fact Sheet.pdf 11-00806zt PZAB (10-00963zt1) Reso & CC Legislation (Ver. 2).pdf LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FI NDI NG(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: For File ID 10-00963zt1, recommended approval to City Commission on May 18, 2011 by a vote of 7-1. PURPOSE: This will establish regulations and requirements for recreational watercrafts. Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff PZ.7 ORDINANCE First Reading 11-00700Iu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORI DA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 247 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 11-007001u CC 07-26-12 Fact Sheet.pdf 11-007001u Analysis, Maps, School Concurrency & PZAB Reso.pdf 11-007001u Application & Supporting Documents.pdf 11-007001u CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 840 NE 78th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lynn M. Summers, Authorized Representative, on behalf of Marine Max East, Inc., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-1. See companion File ID 11-00700zc. PURPOSE: This will change the above property to "Medium Density Restricted Commercial". Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item PZ.7 was deferred to the October 25, 2012 Commission Meeting. PZ.8 ORDINANCE First Reading 11-00700zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R" URBAN CENTER ZONE -RESTRICTED TO "T5-O" URBAN CENTER ZONE -OPEN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00700zc CC 07-26-12 Fact Sheet.pdf 11-00700zc Analysis, Maps & PZAB Reso.pdf 11-00700zc Application & Supporting Documents.pdf 11-00700zc CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 840 NE 78th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lynn M. Summers, Authorized Representative, on behalf of Marine Max East, Inc., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City City of Miami Page 248 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commission on October 5, 2011 by a vote of 8-1. See companion File ID 11-007001u. PURPOSE: This will change the above property to "T5-O" Urban Center Zone -Open. Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item PZ.8 was deferred to the October 25, 2012 Commission Meeting. PZ.9 ORDINANCE First Reading 12-00155Iu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORI DA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF SELECTED REAL PROPERTIES APPROXIMATELY ON THE EAST SIDE OF SOUTHWEST 27TH AVENUE BETWEEN SOUTHWEST 9TH STREET AND SOUTHWEST 16TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" AND "DUPLEX RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"; FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL"; FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; AND FROM "SINGLE FAMILY RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-001551u CC 07-26-12 Fact Sheet.pdf 12-001551u Analysis, Color Maps, Sch. Brd. Conc. & PZAB Reso.pdf 12-001551u Supporting Documents.pdf 12-001551u CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately on the East Side of SW 27th Avenue between SW 9th Street and SW 16th Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval, which fails, constituting a denial to City Commission on June 20, 2012 by a vote of 2-5. See companion File ID 12-00155zc. City of Miami Page 249 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 PURPOSE: This will change certain properties above to "Medium Density Restricted Commercial", "Major Institutional, Public Facilities, Transportation and Utilities" and "Low Density Multifamily Residential". Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item PZ.9 was deferred to the October 25, 2012 Commission Meeting. PZ.10 ORDINANCE First Reading 12-00155zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATION LOCATED APPROXIMATELY ON THE EAST SIDE OF SOUTHWEST 27TH AVENUE BETWEEN SOUTHWEST 9TH STREET AND SOUTHWEST 16TH STREET, MIAMI, FLORIDA, FROM "T4-R" GENERAL URBAN TRANSECT ZONE TO "T5-L" URBAN CENTER TRANSECT ZONE, FROM "T4-L" GENERAL URBAN TRANSECT ZONE TO "T5-L" URBAN CENTER TRANSECT ZONE AND FROM "T3-R" AND "T3-O" SUB -URBAN TRANSECT ZONES TO "T4-R" GENERAL URBAN TRANSECT ZONE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-00155zc CC 07-26-12 Fact Sheet.pdf 12-00155zc Analysis, Color Maps & PZAB Reso.pdf 12-00155zc Supporting Documents.pdf 12-00155zc CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately on the East Side of SW 27th Avenue between SW 9th Street and SW 16th Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends denial to City Commission on June 20, 2012 by a vote of 6-1. See companion File ID 12-001551u. PURPOSE: This will change certain properties above to "T4-R" General Urban Transect Zone and "T5-L" Urban Center Transect Zone. NOTE(S): During Role Call, Mr. Piro stated for the record (in summary), many of them [PZAB members] might be in favor, but not as presented in its present form, so the City Commission gets the interpretation that they are not against it. However, they do not think the zoning, the way it appears to be scaled down, is not the appropriate one. Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. City of Miami Page 250 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 PZ.11 12-00652sc Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item PZ.10 was deferred to the October 25, 2012 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A PORTION OF NORTHEAST 28TH STREET FROM NORTH BAYSHORE DRIVE TO APPROXIMATELY 150 FEET WEST THEREOF AND NORTH BAYSHORE DRIVE FROM NORTHEAST 27TH STREET ALLEY TO APPROXIMATELY 263 FEET NORTH THEREOF, MIAMI, FLORIDA. 12-00652sc CC 07-26-12 Fact Sheet.pdf 12-00652sc Department & Committee Analyses & Color Maps.pdf 12-00652sc Application & Supporting Documents.pdf 12-00652sc CC Legislation (Version 2) & Exhibits.pdf LOCATION: A Portion of NE 28th Street from North Bayshore Drive to Approximately 150 Feet West Thereof and North Bayshore Drive from NE 27th Street Alley to Approximately 263 Feet North Thereof [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris Escarra, Esquire, on behalf of PRH NE 28 ST, LLC and the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions*. PUBLIC WORKS DEPARTMENT: Recommends approval with conditions*. PLAT AND STREET COMMITTEE: Recommends approval with conditions* on June 7, 2012 by a vote of 3-2. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on July 18, 2012. *See supporting documentation. PURPOSE: This will allow a new development and a new public park on the site described above. Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0289 Chair Suarez: PZ.11. Francisco Garcia (Director, Planning): Item PZ.11 is before you as a resolution. It is an application for the vacation and closure of public right-of-way, a portion of Northeast 28th Street from North Bay Shore Drive to approximately 150 feet west thereof and North Bayshore Drive from Northeast 27th Street alley to approximately 263 feet north thereof. This particular City of Miami Page 251 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 vacation and closure would result in the reconnection of existing rights -of-way which are presently dead ends and also it would yield ultimately the activation of presently unimproved space as a public park for the benefit of the City of Miami. I understand that the applicant is proffering a covenant. We've reviewed it and it meets all the appropriate parameters. We are recommending approval with conditions and the Planning, Zoning and Appeals Board likewise recommended approval with conditions. Chair Suarez: Thank you, Mr. Garcia. Do you accept the conditions as imposed by the --? Iris Escarra: I do accept the conditions. I'd be happy to make a brief presentation, but I promised Dr. Rodriguez that I met with the Edge Water community, and I have to read into the record six additional conditions that he asked me for, which we agreed to. One is that the building shall have no access on Northeast 28th Street from our garage; that the park shall not allow fishing, camping, overnight stays, and that there should be signage which clearly state so; that the park shall only be open to the public from sunrise to sunset; that the park shall have a secured decorative fence, approximately 3 to 4 feet in height, with no access at night; that the repaired rights to the inlet shall remain and the abutting owners maintaining access to their waterfront; and that the Edge Water neighborhood desires to close out 27th Street alley, and that the Related Group will help them to every extent that they can to close out that alley. Chair Suarez: Thank you. This is a public hearing item. Does anyone want to -- wish to speak on PZ.11 ? Seeing none and hearing none, the public hearing on PZ.11 is closed. It's been moved and seconded? Vice Chair Sarnoff I'd like to make a motion, Mr. Chair. Chair Suarez: Yes, you may. Vice Chair Sarnoff I'd like to also say that the Related Group was a pleasure to work with, and we are getting just about a one -acre park out of this. And we continued our parks progression. And to the Vice -- excuse me -- to Commissioner Carollo, this will not cost us anything and we will also maintain the park at -- by the Related Group. Ms. Escarra: And the inlet. Chair Suarez: You retain your title as Commissioner of parks. Vice Chair Sarnoff There you go. Thank you, sir. Chair Suarez: Okay, there's a motion. Is there a second? Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. This is an ordinance. Priscilla A. Thompson (City Clerk): No, it's a resolution. Chair Suarez: Oh, it is not? Ms. Thompson: Right. Chair Suarez: My apologies. All in favor, sign by -- Ms. Thompson: The question -- ifI may ask, the conditions that were put on the record, does that mods the resolution in any way? City of Miami Page 252 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Maria J. Chiaro (Deputy City Attorney): It is a resolution with conditions, and I understand the conditions were -- there were conditions attached to it. We can add those conditions, so you should show this resolution as modified. Ms. Thompson: Thank you. Chair Suarez: Does the maker accepts? Mr. Garcia: If may add? Vice Chair Sarnoff. Does. Maker understood it. Chair Suarez: And the seconder does as well. Commissioner Carollo: Yes. Vice Chair Sarnoff. Seconder understood it. Mr. Garcia: May I add to that? I'm sorry. Chair Suarez: Yes. Mr. Garcia: Because there were actually three -- two sets of conditions, those that were already contained in the record, those which were actually mentioned by the applicant, as well as the covenant that has been proffered by the applicant. Can I please ask that those three different items be incorporated into the resolution? Chair Suarez: Thank you. Vice Chair Sarnoff They are as stated. Chair Suarez: And seconder accepts? Commissioner Carollo: Yes. Chair Suarez: Okay. It is an -- no, it's a resolution. I'm sorry. All in favor, signify by saying aye." The Commission (Collectively): Aye. Ms. Escarra: Thank you very much. PZ.12 ORDINANCE 12-00659zt First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY MODIFYING "APPENDIX C" ENTITLED, "MIDTOWN OVERLAY DISTRICT", REVISING SERVICE ACCESS AND SERVICE LOADING LIMITATIONS ON SPECIFIC STREETS AND MODIFYING THE DESIGN GUIDELINES AND STANDARDS REFERENCED IN THE APPENDIX TO ALLOW FOR THE INTRODUCTION OF MEDIANS ON SECONDARY STREETS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 253 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 12-00659zt CC 07-26-12 Fact Sheet.pdf 12-00659zt CC Legislation (Version 2).pdf LOCATION: Generally Bound by NW 36th Street on the North, FEC Corridor on the East, NW 29th Street on the South and North Miami Avenue on the West [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on July 18, 2012. PURPOSE: This will facilitate the development of approximately 4.59 acres of vacant land, create linkages between the north block retail established to the north and future development to the south approaching NW 29th Street. Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT D1.1 DISCUSSION ITEM 12-00806 D1.2 12-00808 DISCUSSION OF USE OF TEMPS THROUGHOUT THE CITY BOTH DIRECTLY EMPLOYED THROUGH THE CITY AND THROUGH OUTSIDE AGENCIES. RANGE OF SALARIES FOR TEMPS INCLUDING ANY BENEFITS. 12-00806 Temps - City & Outside Agency.pdf DEFERRED Note for the Record: Item D1.1 was deferred to the September 13, 2012 Commission Meeting. DISCUSSION ITEM DISCUSSION ON ELIMINATION OF HIRING FREEZE. City of Miami Page 254 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 D1.3 12-00807 D1.4 12-00809 D2.1 12-00750 12-00808 Email - Elimination Hiring Freeze.pdf DEFERRED Note for the Record: Item D1.2 was deferred to the September 13, 2012 Commission Meeting. DISCUSSION ITEM DISCUSSION ON HOW MEMBERS ARE SELECTED FOR SELECTION COMMITTEES OF RFPAND RFQ. 12-00807 Email - Members of Selection Committee.pdf DEFERRED Note for the Record: Item D1.3 was deferred to the September 13, 2012 Commission Meeting. DISCUSSION ITEM DISCUSSION REGARDING A PROGRESS REPORT ON THE CREATION OF LABOR/MANAGEMENT COMMITTEES. 12-00809 Email - Creation of Labor Mgmt. Comittees.pdf DEFERRED Note for the Record: Item D1.4 was deferred to the September 13, 2012 Commission Meeting. END OF DISTRICT 1 DISTRICT 2 DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 12-00750 Email - Status - Hiring Police Officers.pdf 12-00750-Submittal-Vice Chair Sarnoff.pdf DISCUSSED Chair Suarez: Okay, D2.1. Vice Chair Sarnoff All right, do we have --? The Mayor and I went to a meeting on Tuesday, and I suspect a lot of yort are getting this feeling as well. It was not a very pretty meeting. I think we both expected to walk into a room of maybe 30 or 40 people; instead, we were confronted with a room of about 210 people. It's about crime. In this circumstance, it was crime in South Grove. I don't know how it's been in your neighborhoods, but crime in my neighborhood has been going up. In my particular neighborhood there was graffiti all up and down the street completely from wall to wall. Now my issue is this. We're 94 police officers down. We have an approximate 450-man patrol unit. No matter what strategy we employ, we will be for the next six months 94 police officers down. Think what I have said is true, and I think even the Administration agrees with that. I have suggested strategies in place to try to reduce that number. I have said time and time again let's even take a shot at hiring retired officers -- I don't remember if I said it was $20 an hour -- $20 an hour and I believe that those City of Miami Page 255 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 guys will be willing to do it. Now I'm sure you can come up 6, 8, 9, 15, 20 reasons why it can't happen. It was a suggested strategy, Mr. Manager. I'm now -- and I sent to you and I asked you to send it to all Commissioners, that there is a federal surge, and listen to the word they used in the Philadelphia Inquirer: Surge of crime fighters in Philadelphia. That surge meant that the Philadelphia Mayor and the Commission asked the federal government to put federal authorities into the city and fight crime for a period of time. I don't know if they'd be willing to do that, but I do know one thing: Florida is in play for either presidential candidate, and I would think this present administration would be interested in keeping Florida in play. So I am asking you, Mr. Manager, and I'm being emphatic. I have no intentions of going to a meeting like that, number one, seeing the Mayor disrespected the way he was, and number two, somebody raising their hands and saying, Commissioner, there's really nothing we can do. Because we -- if that's who we are, then we should all resign now. Now I suggest to you that you make the request to the federal government for a surge. I suspect that -- and I'll yield the floor in a moment. I suspect every City Commissioner is feeling crime in their neighborhood. But to simply say the best I can do is 37 certified officers and Commissioner, they'll hit the street in six months puts us beyond Christmas, the Christmas -buying season. Now I have an e-mail (electronic) here from Javier Ortiz. Now that e-mail suggests crime is extremely up in the Grove and, yet, I have the Administration refuting those numbers. I mean, Mr. Ortiz's e-mail suggests that crime is up 8.1 percent, 52.2 percent, 39.4 percent, 26.3 percent. And let me be clear. The crime he suggests -- yeah, this is, by the way, a block away from my house. Just flip through it if you would. Now, what I am saying is I don't know that crime is up that high because, certainly, our commander said it was not. It was up 5.5 percent. If you're a victim of crime, it really doesn't matter whether you're a part of that percentage or not; you're the victim of crime. I'm telling you, anecdotally, as I walk around the City of Miami, Mr. Manager, the thing that we've been most successful in this City I think in the past five years has been fighting crime, and I think, for whatever reason, we're not as successful right now. And you cannot say to me 94 police officers -- and I got into this pretty extensively with the chief -- and I don't mean got into it. I know what 94 means now. There's a meaning to it. And I'm not even going to tell you that putting 94 officers changes anything, but it shows action, it shows implementation. You have to have a strategy, Mr. Manager. You can't come back to us in three weeks and say, I thought of this and I thought of this. I can't do this. I don't want to see County police officers on the City of Miami streets and I don't want to see FHP (Florida Highway Patrol) there either. We have allocated -- you know, the only reason I almost didn't vote to increase the mill, we have 94 officers allocated. Chair Suarez: Budgeted. Vice Chair Sarnoff Yeah. Commissioner Gort: Budgeted. Chair Suarez: Right. Vice Chair Sarnoff And we're not -- Commissioner Gort: Ready to come on board. Vice Chair Sarnoff -- using it. Chair Suarez: Budgeted. Vice Chair Sarnoff So it -- Chair Suarez: It's not an issue of not -- right. Vice Chair Sarnoff It tears away at my argument. City of Miami Page256 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Exactly. Vice Chair Sarnoff. You know, it tears away at my very argument to allocate more millage and I said that -- Chair Suarez: Which is why we -- Vice Chair Sarnoff. -- candidly. This tears at my argument. And I'm going to yield the floor. I suspect every Commissioner will have their own feeling about this. I've been here for six years, and I'm going to say this clearly on the record. The only time I ever voted to invade the reserve account for the City of Miami was to add police officers . The only time I ever voted to do that. Whether I will be historically determined to be mistaken and whether it was a bad idea, history will decide that. There's a problem somehow we have got to resolve. Chair Suarez: And I think you should continue to bring this as a discussion item every single Commission meeting, until it does. Vice Chair Sarnoff But I got to tell you. The citizens, you know what they didn't want to hear. They did not want to hear that I brought this as a discussion item. You know what -- Chair Suarez: Yeah. It means nothing to them. It means nothing. Vice Chair Sarnoff. -- they wanted to know? What is your solution? Chair Suarez: Yeah. It means nothing to them. Vice Chair Sarnoff Exactly. Chair Suarez: Right, right. You're absolutely right. It's incredibly frustrating. Go ahead, Commissioner. Commissioner Gort: You know, this is something I had a meeting with the ER (Employee Relations). I had a meeting with the Manager and the Police Chief and says, why -- we have the budget. We have the money. Why can't we not bring on board? And let me ask you a question -- and I'll ask the Chief of that -- can you bring individuals that have served before that qual , they already gone through all the process and not have a contract for X'amount of year -- and I don't know if the union will be in favor of that -- until we start getting the people from the colleges that we put together. I think those kids that pay $10, 000 or those man [sic] that pay $10, 000 to go to school to get certified, they deserve to be officers . And I think there's quite a few of them. I believe we got a hundred and something that have gone through the courses. I don't know. Manuel Orosa (Chief of Police): Oh, we have more than that. Chief Manny Orosa, Chief of Police. We have more than that, but the issue is the ones that applied -- we have a current certification list; we're working from it. We already hired 37, starting Monday, and we are continuing to look into the certification list. We also have a list for noncertifieds that we will begin to process as soon as certain issues can be worked out with the Department of Justice. But answering your question, Commissioner, I would hope that I could bring in retired individuals back, but there's a certain little problems with that. One, it's a violation of the collective bargaining agreement. There's a clause in the agreement in Article 44 that we cannot replace union members with nonunion members doing the same job. There's an issue on tax in the IRS (Internal Revenue Service) implications of these people receiving a pension and now coming back in a certain situation. There is no classification for a part-time officer in our civil service rules. That is something that needs to be established, if is the wish of the Commission to do that. City of Miami Page 257 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Vice Chair Sarnoff I think we should get sued, Chief. I think we should just let them sue us. And you know what? I will sit there and test. I hope the Manager would. Let them sue us. Let anybody -- let the federal government sue us, because the end of the day, it's about safety. In the end of the day, we're not as safe as we would be with 94 cops on the street. Let them sue us. Chief Orosa: They have and that's why we're in the consent decree, Commissioner. Vice Chair Sarnoff You know what, then let Barack Obama, let the federal government sue us. Chair Suarez: Enforce it. Right, enforce it. Vice Chair Sarnoff And let the ramifications fall where they may. Chief Orosa: Returning to answer your -- Commissioner Sarnoffs question, I did speak to the federal prosecutor this past week and we are going to do something and we're going to start in the north district of the City, andATF (Alcohol, Tobacco, Firearms) is going to come down and give us a hand trying to buy guns and trying to get people off the streets, so he is on board. I know the State Attorneys on board. She's assigning a special prosecutor for certain areas of the city, and we have people in place up there trying to battle the surge that has been going on. Going back to how he's -- statistics. Statistics, you have to read in totality. You cannot pick and choose, because you can create whatever atmosphere you want out of the picking and choosing. For example -- giving you an example, burglaries are up 8 percent, but that's only 9 more burglaries than the previous year. The retail theft is up 26 percent. It's only 9 more. So you have to take all in totality. Gentry is right, crime in the Grove is up 5, and we're working to try to lower that. Arrests in the Grove are down as well, and I basically had a discussion with certain people on my staff that that needs to improve because, from the way I picture it, if crime is going up and you're making the arrests, at least we're showing that we're working towards it. But if crime is up and arrests are down, then basically we're not showing it, and that's something that I'm taking care of as well. Vice Chair Sarnoff But, Chief understand, what Mr. Ortiz sent out, he sent out to, it looks like, upwards of 60 or 70 people. Chief Orosa: Correct. Vice Chair Sarnoff And -- Chief Orosa: And that is why it's dangerous to provide statistics without explanation. And unfortunately, he's a private citizen; that he can gather the information like anybody else and send it out without an explanation, and that's what happens when you don't review statistics in a totality or you have somebody to explain the statistics when it goes out. Vice Chair Sarnoff Chief you ever read the book the Tipping Point? Chair Suarez: I read it. Chief Orosa: No. Chair Suarez: Malcolm Blackwell. Vice Chair Sarnoff I'm going to send it to you. Chief Orosa: Okay. City of Miami Page 258 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: It's a good one. Vice Chair Sarnoff What's going to happen is this issue's is going to tip and it's going to -- the Grove tends to be the spearhead for the City of Miami. And as e-mails grow up in all of our districts, this is going to tip and it's going to get -- as they say, fiction is going to become fact, or as you would say, half truths become full truths. And you simply need to address this. You need to either address the fact of it, you need to address the misapplication of the fact, and you need to say there's a strategy in place. Now, if you have a surge of federal officers, I'd meet with the Herald and let them know you have that surge, 'cause I think a lot of crime -- first off, let me not ever say percep -- well, perception is reality. Chief Orosa: Correct. Vice Chair Sarnoff But if you have a crime committed against you, you don't want anybody saying to you, you know, it's perception, 'cause that person's been the victim of a crime. And I think you're great in public, but I think you need a strategy and I think you need to publicly state your strategy. Chief Orosa: Okay. I understand. Vice Chair Sarnoff I support you, Chief and I think you know that. Chief Orosa: All right. I do, Commissioner. I know that I have the support of the entire Commission and of the Mayor and the Manager. It's -- we're moving forward It just so happens that we have certain crime increases in certain areas and we're moving forward to try to decrease those crime issues. Vice Chair Sarnoff. Well, Mr. Manager, I'm going to give you -- what I told everybody in the Grove was I was going to give you two weeks to come up with a strategy. I hope it doesn't take you that long and I hope you can put something publicly out there because the number 94 is a well documented number out there. Johnny Martinez (City Manager): I think it's a combination of the 94, plus maybe restrategizing how we deploy our resources. I don't know. I think it's a combination of both. You could have 200 extra officers that's not doing the right things at the right times in the right areas; it doesn't matter. So I believe it's a combination, you know, of maybe reanalyzing how we're doing -- I know we did away with tactical units. We put more people on patrol. Maybe just revisiting the whole picture and try to get the policemen on board. We've doubled up on our background checks. We've doubled up on our lie detectors people. We doubled up on human resources. But at the end of the day, I think we need to look at the totality, the resources, plus maybe a different game plan. I don't know. Vice Chair Sarnoff Well, here's what I want you to focus on and I want you both to focus on this. There's a window and that window will stay open. Remember, Ronald Reagan had a great expression. You know, Jimmy Carter opened up the window of vulnerability, and we all voted for Ronald Reagan because he demonstrated to us that Jimmy Carter made us unsafe. Well, the window of vulnerability is open and, you know, it's open for the next six months, because we have established the 37 officers at three days ago the Chief handed to each one of them will not effectively be patrolling for six months. And by the way, 37 -- and here's my calculator over there -- minus 94 is what, 57? Chair Suarez: My brain's not working right now. Vice Chair Sarnoff Okay, 57. So you're going to be 57 officers down for probably another -- City of Miami Page 259 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: That's actually -- Vice Chair Sarnoff -- nine months, eight months. Chair Suarez: -- a negative number because you put the -- forget it. Vice Chair Sarnoff You get it. But my point being you need a strategy. Chair Suarez: Put the smaller number before the bigger number. Can I -- I think therein lies the argument of you know, when we start talking about budgetary stuff, about, you know, oh, we need, you know -- it's great and it's very impactful to talk about that stuff, but we're a hundred officers short of what we budgeted, so let's get there first and then let's see how things are and then go from there, you know. I just, you know -- and by the way, there's another thing that I didn't really mention 'cause I thought the millage rate discussion had kind of mushroomed, but it is something that I intend to bring as a discussion item to this Commission, which is we have people retiring in droves over the next few years and they're going to be receiving a pension, but there are people that can still work. They're able bodied people, okay. If they work for a fraction of what they're getting paid, a fraction, because they're being compensated through the pension fund, we could save 5, 10, 15, $20 million, and I'll do the math for you if you want to see some math, okay. If the average employee -- police, general employee, and firefighter -- and this is just -- these are just numbers -- the average employee made $80,000, let's just say. Maybe it's more. Maybe it's less. But let's just -- just for mathematics sake. And their average pension was 40,000. Let's just make it easy, 50 percent, okay. If 500 people -- 200 police officers, 100 general employees, 200 firefighters; 500 people -- were making 50 percent of what they make, we would save $20 million as recurring savings every year that they're employed with the City of Miami. That's exclusive of pension costs. That's exclusive of a variety of other costs. I didn't want to just introduce another huge variable into the discussion, but I do think as a policy matter, we need to take a hard look at it. I know the Manager and I have had discussions about it. And I think once you start looking at the number of retirees that we're going to have in the next year, year after and year after and you add up those numbers, you'll see that I'm not that far off and we can do -- we can make this a little bit more of a concrete analysis. I'm just obviously using -- you know, I'm taking numbers out of the air just for illustration purposes . But once you start to actually break down the numbers, we can actually quantify this pretty closely. Vice Chair Sarnoff But if what you're saying is true -- and I don't mean to step on you -- Commissioner Gort was going to speak. Chair Suarez: No, no, no. Vice Chair Sarnoff If what you're saying is true, then I want every impediment that we have either in our Charter or in our -- you name it -- any City of Miami impediment should be removed. If the feds would like to sue us, I think you would say bring it on. It may facilitate your further needs or further wishes. Chair Suarez: It's not going to happen. You know it as well as I do. Vice Chair Sarnoff Right, it's not going to happen. Chair Suarez: And certainly not until November. Vice Chair Sarnoff Right. Chair Suarez: Commissioner. I'm sorry. I know I kind of also talked a little so -- Commissioner Gort: I'm not going to go into full discussion, but I wanted to -- I've been asking City of Miami Page 260 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 everyone we need to be proactive and I want you to know, I am working on the labor management committee and I'm using the same documents that you send me from the federal government. And I think that's very important. Something we wanted to do for a while. At the same time, I've been meeting with the -- I'm asking every director of all the departments to let me know what their problem is in trying to bring people. One of the options of a structure that they have in trying to hiring people, what are the steps. I've been getting together with Ms. Pruitt. We're going to sit down with them and we're going to see how they're being affected. And then that -- I'm going to be working on that, because we're going to have about 300 people out within next year so -- Chair Suarez: My numbers weren't that bad. Commissioner Gort: -- we got to expedite the process. Chair Suarez: No. And I just confirmed with Robert Suarez from the firefighters union, and actually, my number was right on the firefighters. It's a hundred next year and a hundred the following year, so it's two hundred in two years. So depending on what their average salary is, you can get a pretty rough estimate if those people came back to work for the City -- by the way, they don't come back in the pension fund; they come back at 50 percent of their salary because they're getting already a pension benefit -- we'd be saving an incredible amount of money, just a ridiculous amount of money. But anyways, Mr. Ortiz, you want to put a few words on the record. Javier Ortiz: Hi. Javier Ortiz, Fraternal Order of Police, 710 Southwest 12 Avenue. This is all fine and dandy talking about the future and talking about the retirees, but you have a problem with the people that work here now. And I just want to put on notice, okay, those of you that think that the plan of the Mayor is going to work. Those that voted in favor, I will reach out to your constituents and let them know their crime's going up. The Chief has a job to do, but guess what? He's got extremely limited resources. And you can park 25 decoy cars, okay, and you can have little operations, but when morale's on the floor and people can't pay their bills, you don't -- we don't come here to pay you. We come here to do a job. I'm proud to be a Miami police officer, very proud, and I do my job and so does everybody out there. But you don't give us the resources in order to do our job. And when I hear the Mayor, who's an excellent storyteller, say that there was tears in officers' eyes at this Coconut Grove meeting -- I was listening to the meeting because there was a resident that had it on speaker phone, and I heard that most of the issues that -- and concerns that those constituents had wasn't with Commissioner Sarnoff. It was with the Mayor, with the Mayor. So when he says that he's got a philosophy and it's working, it's not. He has not given us any guarantees that says if he gets re-elected again, things will be rosy. Obviously, that's not the case here. And I also want to put on the record, there are 302 people right now that are in the DROP (Deferred Retirement Option Plans) and there's 37 that are eligible. That's 339 people at any time can walk out that door. Chair Suarez: That's my point. Mr. Ortiz: And when we talk about, 5h, it's just nine more houses,'that's nine more people that were burglarized, that were victimized; that when they go into their house, they wonder if there's an offender. And I worked personally -- I worked in Coconut Grove, okay, and there's a problem with swatters and people finding out when people aren't there and they're on vacation and they defecated in their homes and they destroy their homes, and you know what? Apparently, the Mayor says that's working in her district with all the shootings. I bet if you talk to one of those victims and say, hey, you know, there was only three more people shot this month, I'm sure they're not going to take that as an answer, okay. You guys, for the most part, are not looking for solutions. I applaud Commissioner Sarnoff. We're usually completely on different sides. But there's one thing that the Chief can't dispute: Those are the numbers. And you can do a dance. You can do whatever you want. Brickell, the Roads area, 38.1 percent increase. Coconut Grove is 5.5 percent. Downtown is 11.8 percent, and Little Haiti, 7.3 percent. We want to work with City of Miami Page 261 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 D3.1 12-00756 D4.1 12-00724 you. We really do. You know why he's having a problem hiring cops? Because when our pay is so low and our benefits are so low, why are you going to apply here? So the quality of the officer -- and it's important to have quality officers -- that are going to be applying here, it's going to not be many. I'm going on ten years here. I'm a sergeant of police. I applied to Fort Lauderdale and I start as a police officer, my pay goes up 5 or $6, 000. I got officers going to Miami Gardens, CPD, Atlanta, Georgia, Fort Lauderdale. They want out of here. Why? Because there's absolutely no support from our Mayor and from some of our Commissioners apparently so -- Chair Suarez: Mr. Ortiz, there was a unanimous vote on the millage rate. Mr. Ortiz: Thank -- well, but we know -- Chair Suarez: Unanimous. Mr. Ortiz: -- where everyone else voted. I know where Spence -Jones was coming from, okay. I know where she was coming from. I don't know what Commissioner Gort was doing or Commissioner Carollo. I know what Commissioner Sarnoff was doing. They were giving you the opportunity. They were giving a little bit of a gateway to see if we can actually negotiate in good faith, not declare another financial urgency, which I'm sure is coming around, okay. The attorneys that we have -- that you guys have, that you're paying $200,000 a year, can save a lot of money because they don't negotiate. Every year they do the same thing. You can do that yourselves. Thank you. Chair Suarez: Thank you, sir. VICE-CHAIRMAN MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 DISCUSSION ITEM DISCUSSION ON ORDINANCE 13312 - EXCAVATED SITES. 12-00756 Email - Excavated Sites.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item D3.1 was deferred to the September 13, 2012 Commission Meeting. COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 DISCUSSION ITEM DISCUSSION REGARDING PROPOSED BASE RATE INCREASE BY City of Miami Page 262 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 FLORIDAPOWERAND LIGHT (FPL). 12-00724 Email - Proposed Base Rate Increase - FPL.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff NON AGENDA ITEMS NA.1 12-00868 Note for the Record: Item D4.1 was deferred to the October 11, 2012 Commission Meeting. CHAIRMAN FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES END OF DISTRICT 5 DISCUSSION ITEM A MOMENT OF SILENCE WAS OBSERVED FOR THE VICTIMS AND FAMILIES AFFECTED BY THE MASS SHOOTING TRAGEDY THAT OCCURED IN AURORA, COLORADO ON JULY 20, 2012. DISCUSSED A motion was made by Vice Chair Sarnoff, seconded by Commissioner Gort, and was passed unanimously, with Commissioner Spence -Jones absent, rearming Resolution R-08-0099, passed on February 28, 2008, urging the members of the United States Congress to support the re-enactment of the Federal Assault Weapons Ban as proposed in House Resolution 1022; further directing the City Clerk to retransmit Resolution R-08-0099 to the officials designated within the resolution. Vice Chair Sarnoff.. Thank you, Mr. Chair, for a point of privilege. I'd like to start out with a 30-second moment of silence for what happened in Aurora, Colorado, this past week. So if we could just start out with just a 30-second moment of silence. As you know, Colorado awakened us to what man can do with a bevy of weapons and a bevy of bullets. And for those of you that don't know, in 2008 this Commission had the courage to pass a resolution, and I'd like to read it to you. Whereas, the assault weapons are semiautomatic firearms designed with military features to kill rapidly and accurately spray firing and not designed for or dedicated to sport, but are specifically designed to kill humans quickly and efficiently. I'd like you to listen to this. Whereas, assault weapons have been used in many mass shootings, including July 18, 1984, the massacre at McDonald's in San Ysidro, California, which left 21 dead and 19 wounded, the January 17, 1989 rampage at an elementary school in Stockton, California, which left 5 children dead, 29 children and 1 teacher wounded, the July 1, 1993 shooting at San Francisco law firm and other offices located at 101 California, which left 8 dead, 6 wounded, 1 who which subsequently died; the April 20, 1999 massacre at Columbine High School, Colorado, which left 13 dead and 23 wounded, the October 2002 sniper attacks in Washington, D.C. (District of Columbia), which left 10 dead, 3 wounded; the September 13, 2007 shooting of Miami -Dade Police Sergeant Jose Somohano, who died' and three other officers that were injured by an City of Miami Page 263 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 assault -- assailant armed with an AK-47, three years to the day after the expiration of the federal assault weapons ban; the January 8, 2008 shooting of Miami -- City of Miami Detective James Walker, who was shot dead with an AK-47. We can now add to that the Aurora, California, shooting, which left 12 dead, 2 who may still die, and yet Congress has allowed the assault weapons ban to simply expire. What I'm simply asking is this Commission to do as the Commission did in 2008 and ask that the Clerk direct this resolution be passed on to the Secretary of the Speaker of the House, the majority leader of the Senate. I can tell you that our senators, our congress people have supported the assault weapons ban. I don't think it's a republican or democratic issue. I just bring this up. I know it's on short notice, that this Commission reaffirm what was known as RE.6, which was dated -- interesting we don't date these things very clearly -- but it was a 2008 -- I'm sorry. It's February 19, 2008 resolution passed by the City of Miami. Obviously, it was a different Commission. I know Commissioner Spence -Jones was up here. So I'm, Mr. Chair, going to make a motion that we reaffirm that particular resolution. Commissioner Gort: Second. Chair Suarez: There's a motion and a second. All in favor, signifir by saying "aye.' The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. Vice Chair Sarnoff Thank you, Mr. Chair. Applause. NA.2 DISCUSSION ITEM 12-00856 DISCUSSION REGARDING THE STATUS OF CURRENT LABOR NEGOTIATIONS. 12-00856-Submittal-Presentation-Javier Ortiz, FOP VP.pdf DISCUSSED Mayor Tomas Regalado: 11. Chair Suarez: Yes. We have -- Mayor Regalado: 11. Chair Suarez: -- the special appearance now at 11 o'clock time certain. Thank you, Mr. Mayor. You're recognized. Mayor Regalado: Thank you, Mr. Chairman, Vice Chairman, Commissioners. As we discussed in the executive session yesterday, we are now prepared on behalf of the Administration to introduce some of the members of the team appointed by the City Manager to be part of the conversations and negotiations with the City's unions as a result of the budget process that we started earlier. I have to say first that as recommended by the City Commission and because we wanted to be proactive, the City Manager appointed a team very early in this year, and it was in February when negotiations began with the union. I would also have to say because you know already, but the public and the City employees should know that the team appointed by the Manager has been thinking outside of the box, and they have come up with many, many ideas that will result in a balanced budget, in no cuts in services, but at the same time, would not affect the pocket of the City employees now. And the team has been very active. And to give a City of Miami Page 264 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 presentation, I think I'm going to pass then to the Manager so he can introduce the team that will be doing this presentation. But I would like to, number one, commend the Manager for choosing this team and members of the Administration, you know, Janice, Luis, and several members of the team that have spent many, many, many, many hours trying to reach out to the common sense of all the unions and explain that we want to be partners and not adversaries, that we want to be a family that works for the City of Miami, that the future of the City of Miami is bright, that we inherited many things, and you have discussed several here, but that we are a team that are committed to work for the future, to avoid that whenever there is a new commissioner, new mayors, they have to make the tough decisions that you all have made and we all had to make. So I'm proud of this Administration and the team. And, first, I want to thank you, Mr. Manager, and if you can introduce the people doing the presentation. Johnny Martinez (City Manager): I can't add anything to what you said. Please. Chair Suarez: Mr. Mattimore. And then I'm going to allow the union representatives who are here and present, who would like to make any statements, to have an opportunity to make their statements as well. Michael Mattimore: Thank you, Mr. Chairman. Thank you -- Chair Suarez: Thank you. Mr. Mattimore: -- members of the Commission. Thank you for this opportunity to have a few moments this morning to bring you up to speed on where we are with our negotiations. Thank you, Mr. Mayor, for your comments. The philosophy that we have taken to the bargaining table this year has been one to protect the employees' paychecks. Chair Suarez: Can you speak closer into the microphone, Mr. Mattimore? Commissioner Spence -Jones: Yeah, your mike. Mr. Mattimore: Yeah. Thank you. The philosophy that we went to the bargaining table with this year is to protect employees' paychecks, to not have to have any reduction in wages or to increase costs to employees. What we wanted to do is to address some really pressing budget needs, but to do so in a manner that is structural and long term and isn't going to hit anybody in their personal monthly budget. We do need to fill a budget shortfall and personnel costs of approximately $40 million. That was our charge, and we went to the table with the unions with a list of ideas, initiatives to be able to achieve that goal of $40 million in personnel cost savings . Now, keep in mind that the personnel costs that flow to the City budget is about 80 percent of the overall budget. So if we have $40 million that we have to achieve in savings, the options outside of some kind of initiative or reorganization of your personnel costs is really a challenge. It's impossible. Now, there were other op -- there are other options out there that the City could consider. They could consider layoffs. They could consider furloughs. But layoffs and furloughs -- well, first off, a layoff is as intrusive to those employees who are laid off than any other action that we could possibly take. They lose all of their sources of compensation. They lose all of their benefits, and they're unemployed in an environment of high unemployment. So for those people and for those reasons, we're trying to avoid that option. There's also furloughs, which is a management right. But bear in mind that a furlough is a wage cut. It's a wage reduction. So we were trying to avoid that also, that option also. Both layoffs and furloughs -- and I state the obvious when I say this -- result in a reduction of services to the citizens of the City. So for all those reasons, those are not very good options. Now, we have had three meetings with the Fraternal Order of Police. And you know, in a few minutes, Mr. Alfonso is going to detail for each of you what it is that we put on the table for consideration by the Fraternal Order of Police. It was a list of options. We did not go to the table and say this is what we want, take it or leave it. We said these are actions that we think will have the least City of Miami Page 265 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 intrusive effect upon the employees and still do the right thing for the budget. And we asked for the FOP (Fraternal Order of Police) to tell us which of these options were better for them, what would they like to see happen. But we didn't stop there. We also asked the unions, FOP and all the unions, for any initiatives that -- ideas that they might have. We went to the table with an open mind to hear what they had to say. Well, we've had three meetings with the FOP. We have not reached agreement on any of the articles. And yesterday we received notice that the Fraternal Order of Police declared an impasse in our negotiations with the Public Employees Relations Commission. We will continue to be available to negotiate with the FOP even through this impasse process. We've had four sessions with the International Association of Firefighters. We have a fifth session scheduled for August 2. We have TA'd -- that means we've reached agreement on about 15 articles. We're making progress in those negotiations. We hope to make more progress on August 2. We still don't have, though, an agreement on anything economic in those negotiations. We've had four sessions with AFSCME (American Federation of State, County and Municipal Employees) 1907. We've provided them with half of the collective bargaining agreement, and we have told them that we will agree on the language for each of those items, about 20 articles. We have not heard back yet on whether they'll accept those or not. And we're waiting for a formal response on the economic issues that we put on the table that Mr. Alfonso will get to in just a second. We are also not focused solely upon today's budget issues and the economic items. We also want to make the collective bargaining agreements that we have with each of these organizations better, and so we see our negotiations as addressing today's budget but also addressing bigger issues of long-term sustainability in our package of personnel, wages, and benefits. IfI may, I'd like to ask Mr. Alfonso to come to the podium and describe what we put on the table for consideration with regard to economic items. Chair Suarez: Thank you. Mr. Mattimore: If may, Chairman. Chair Suarez: Yes, please. Mr. Alfonso. Daniel Alfonso: Danny Alfonso, director of Management and Budget, City of Miami. I'm going to start by saying that we had a goal to distribute the $40 million roughly of cost reduction that is needed in somewhat of an equitable manner, so we tried to get as close as possible to the percentage allocation of salary for each of the groups and distributed that $40 million roughly in that general percentage. Chair Suarez: Do you have a slideshow or something? Mr. Alfonso: No, I do not. Chair Suarez: Okay. Mr. Alfonso: Okay. So that was the goal. The -- breaking up the 40 million in that sense required that we get from what is known as AFSCME and nonunion employees in the neighborhood of $18 million, okay. In order to do that, the majority of those reductions would have to be reached through pension action and recurring some of the existing cuts. Of that 18 million, roughly $13.7 million can be achieved with no reduction in benefit to the employee whatsoever. It is purely a way of computation in our unfunded liability for our pension contribution. So you can solve 75 percent of that problem by simply agreeing to reamortization of the unfunded liability. Then we did propose for AFSCME and nonunion some adjustments to pension, and that included capping the pension payments at no more than $80, 000 once you retire, doing something with elimination of the DROP (Deferred Retirement Option Plan) or creating a BAC DROP. And there was a consideration of adjusting some of the tiers being paid. Chair Suarez: The multipliers. City of Miami Page 266 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Alfonso: The multipliers, yes. Having said that, though, in the case with AFSCME, part of the proposal includes, for equity's sake, taking AFSCME employees and nonunion employees who are a part of the GESE (General Employees Sanitation Employees) pension plan from the 13 percent contribution that they're currently making back down to the 10 percent. So in a sense, while there is some degradation of the future benefits in pension, they're also going to be contributing 3 percent less. So in a sense, they can take home a little more money right now. But structurally, that helps the City fix the payments for GESE pension over the long haul. And so, really, what would net out -- instead of really the City taking $18 million from GESE, really it's taking 16, or GESE, nonunion, AFSCME, et cetera, because it's giving back 2 million by the 3 percent reduction in pension contribution. So that is basically the strategy for those AFSCME and nonunion employees. In the case of the IAFF (International Association of Firefighters), we had set a target of ten and a half million dollars. To reach that target, we were asking the IAFF to re -- to let the Section 175 contribution happen again. In other words, this is not an additional reduction, but to recur the same reduction that was done in the current year. Additionally, we also asked them to do the same concession that they did in the current year in terms of overtime, manning of positions, and save another $1.75 million there as well. We also asked them to continue the current take-home car policy and to also continue a reduction of $325,000 in the contribution to health for retirees. But those are all existing in the current year. There was nothing new there. In fact, in the IAFF, we were proposing to give back to the IAFF a million five in attrition that was given as a concession in the current year. We felt that in next year, since we're trying to recruit firefighters because we anticipate that there is going to be a large number of officers leaving in the near future because of the DROP, et cetera, we did not want to put attrition pressure in the department, so we funded that million five back into the department not proposing to take that. So in order to get to that ten and a half million dollars, the only new thing that would happen with the IAFF would be that there would have to be some adjustments in pension. Again, nothing in the -- that would impact them currently, but it would be an impact in the future. Now the pension for the firefighters is joined with the police, so it is the FOP/IAFF pension plan, FIPO (Firefighters and Police), so that overall what we're looking for in terms of pension adjustments for these two groups is close to $9 million. And then it breaks up roughly 60 percent police, 40 percent fire, so that if we achieve the savings in pension from FIPO, the firefighters would get a credit of roughly 3.6, and that's how you get to their 10.6. So there would be no furloughs there. There's no reduction in current pay. There is a million five in attrition that goes back into the department, and then the continuation of existing cuts that they took in the current year, so nothing new there. Now what is being proposed -- how do you get that $9 million of pension for savings which would be split between fire and police? There's a couple of ways to do it, and there is a way of doing $4.3 million of it through a change in computation. Now there are some arguments as to how long that may take and whether we can really achieve that in the near term, so that may be a part of a longer term strategy. But nonetheless, there is $4.3 million that can be achieved by simply changing the computation. And actuaries will understand this. I'm a budget director, but I don't understand actuaries all that well. There's something called entry age versus aggregate method of computation. It doesn't change benefits whatsoever, but it can yield us $4.3 million. To me, that sounds great. The other $4.7 million would have to be achieved to -- through some pension reform. And the things that are on the table is a menu that adds up to more than what's needed, but it can be chosen from there. And that is either eliminating or changing the DROP, reducing the current cap, which is currently at $100,000, to either 90 or 80,000; changing the retirement age, the rule of 70 and 50 to either some combination of 74/55 or somewhere therein. So there is various options on how you get to that. You can get more than the nine, but we're asking for the nine. So that is in the IAFF, how we reached the number. The police, the FOP, what we need to get from FOP is $13.5 million. Now in the current year, the FOP had given up 11.3 million roughly. A number of those cuts, like the $2 million that was contributed to the health plan in the current year, cannot be done again next year. We -- it was basically an excess of fund balance that was there. We've tapped it out; it's done. It's no longer available, so that cannot recur. Another thing that the police officers gave was not purchasing any police cars, $3.7 million. We're recommending that City of Miami Page 267 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 we actually buy about $2,200, 000 worth of police cars and use the other 1.5 million to recur. Again, so that would go towards the 13.5 million. The policy of charging City employees for taking their cars home, we would ask that that continue to occur, so that would be $1 million credit towards the FOP plan. Also, the officers that were paying 7 percent and went to 10 percent, we would ask that that continue at 10 percent, the same as it is right now, so that's not an increased takeaway. And if you did those three things, that would get them -- two and a half -- three point nine -- four million dollars, so that's the cars, the vehicle purchases, and pension staying at 10 percent. If we were able to reach agreement on the pension as we described, a combination of changing the computation, the DROP, the cap, the retirement age, et cetera, the police department would get a credit of about $5.4 million for that $9 million cut so that then what would remain would be roughly $4.2 million to get to the target, all right. That $4.2 million, well, that's to be negotiated. That is something that we hadn't done in the past. But one of the proposals is to ask the officers in the same way that the firefighters are contributing their Section 175, for the police officers to contribute their Section 185, which is roughly $4.2 million to their secondary pension plan. Again, doesn't impact the money right now. It's a future secondary retirement plan. They still have the City's pension plan, which I think is a fairly good plan. And we would have no furloughs in the police department. We would be buying $2.2 million of police cars. We would have a million three for uniforms and physicals that was taken out this year, et cetera. I think that's the crust [sic] of the plan. Chair Suarez: Can I ask a quick question, Mr. Alfonso? Is it fair to say -- 'cause you've kind of explained it and you said -- your initial statement was that the cuts were going to be proportional. Is it fair to say that the Administration still has a little bit of work to make them perfectly proportional? Mr. Alfonso: Yes. Chair Suarez: And the Administration has committed to making them perfectly -- as close to perfectly proportional as possible. Mr. Alfonso: We have heard the direction of the Commission, and we're going to tighten that number up a little bit. Chair Suarez: Thank you. Mr. Alfonso: Initially, we had tried to get as close, but there was still a little percentage -- I think the IAFF was maybe a little higher than it should have been and we're going to address that issue. Chair Suarez: Thank you, Mr. Alfonso. Commissioner Carollo: So Mr. Chairman -- Chair Suarez: Yes, please. Commissioner Carollo: -- those final numbers for each union may -- are going to change? Mr. Alfonso: They're going to change slightly, yes. Chair Suarez: Okay. And I think -- you know, I think that's -- I'm glad you brought that specific issue up because I think a big part of what we're discussing here is the future as well, not just this current budget year. And I think one of the things that we can do better as an Administration and as a Commission is inform our employees and our residents on how the future looks, and you know, there's been questions about why does the Administration want to declare a financial urgency again. And so I think there should be answers to that question. Why does it want to, City of Miami Page 268 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 you know, declare financial urgency again? Is it something that will be declared next year? Is it - - or the year after? What kind of recurring savings are being, you know, suggested? Is this something that we're going to have to be dealing with on an annual basis? Just -- I think we just - - we owe it to our employees and we owe it to our residents to be very clear about the future direction of the City and not just look at it as a year by year thing. Because what happens is, inevitably, the employees come back and say, again? You know, this is the fourth year or fifth year or sixth year, seventh year that we're dealing with this. So I just wanted you to potentially answer some of those questions. Mr. Martinez: Can I have Mr. Mattimore answer that? Chair Suarez: Sure, absolutely. Mr. Martinez: Thank you. Chair Suarez: Great. Mr. Mattimore: Thank you, Mr. Chair. We do plan on -- part of today's presentation is an effort to get the information to the Commission and to the employees and not just information about what we're going to do today and what we're doing about the budget this year, but what we want to do long term. And in the contract language that we put on the table during these negotiations are contracts that we looked at from page one to the last page and we think that we're -- we have initiatives throughout that contract to make those documents better documents today and tomorrow so we can stabilize these personnel costs. The situation that we're in today with this $40 million in personnel costs is because we have another round of increases in pension obligations -- Chair Suarez: Partially. Mr. Mattimore: -- and another round of increases in personnel costs. We're not paying some -- this isn't $40 million in obligations flown to -- flow to us from a non personnel issue that we're trying to address through personnel. So we are planning on taking more systemic changes. Chair Suarez: And I just want to clam, and maybe this is more of a budgetary question or a finance question than an actual negotiation issue. I think we should be clear with our employees; what are recurring savings, what are not recurring savings. Because if it's not a recurring savings, by definition, next year we're going to be dealing with it as well. So unless our revenue comes in at a level that meets that recur -- you know, that recurring deficit, we're going to be in another deficit position next year. Mr. Mattimore: You're right, Mr. Chairman. And the agreements we reached last year were all nonrecurring because they all expired. Chair Suarez: No. And I understand the expiration of the contract, but the actual savings themselves. You know, sometimes you have a savings that will recur and then sometimes you do not. Mr. Mattimore: Right. Chair Suarez: And I think there is a difference there. Mr. Mattimore: Yes, sir. Chair Suarez: Thank you. City of Miami Page 269 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Mattimore: Thank you. Chair Suarez: Mr. -- first, any member of the Commission? Commissioner Carollo: Yeah, Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: Before we continue, there's one thing that, you know, really caught my ear. With regards to the police cars, something that I had mentioned way back when and I guess it's happening. Aren't we obtaining some of the police cars through grants? Mr. Alfonso: There are a few police cars, maybe about a dozen or so that are being obtained through grants. Commissioner Carollo: And is it possible to obtain more of them through grants? Mr. Alfonso: I guess I would have to defer to the police department chief. There is possible but not -- I don't believe in the numbers that we need. Commissioner Carollo: Thank you. Chair Suarez: Thank you. I'm going to allow the representatives to make a presentation in terms of what their perspective is on this process. And any of -- I think the three are here. And I don't know -- I don't see solid waste, but if they also want to make a presentation, they're welcome too. Let's -- I think what we had discussed previous to the Commission meeting was a 10-minute presentation, so I'm assuming that that's okay. And then the other unions will have the same consideration. So Madam Clerk, can you put 10 minutes? Thank you. Chief Manuel Orosa (Police): Commissioner, I heard you had a question. Chair Suarez: I'm sorry? Chief Orosa: I heard you had a question. Chair Suarez: Oh, no, no. I think it was -- Commissioner Carollo: Mr. Chairman. Chair Suarez: Yeah. It was the Commissioner, yeah. Commissioner Carollo: (UNINTELLIGIBLE) yield real quick. Chief Orosa: Yeah. Commissioner Carollo: Chief something that I had mentioned a long time ago was regarding, you know, using grant dollars for police vehicles. Apparently, the Administration came through, so I'd like to commend them, 'cause it appears that we have been able to find grant dollars for police vehicles. So my question was -- it appears there's about a dozen cars -- Can more vehicles -- more police vehicles be purchased with grant dollars? Chief Orosa: Not at this time. We did the search internally and found a JAG (Justice Assistance Grant) grant that was available to buy police cars and those are the dozen cars we're buying, fully equipped, fully caged. In the future we will continue to look for that and -- but the issue is we're only going to -- we need a lot more than 12. And every year, if we do get those grants, it'll City of Miami Page 270 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 be about 12. So we're moving forward, whether we buy cars in bulk or not, to use these dollars to buy at least 12. Commissioner Carollo: As far as turnover of vehicles, police vehicles a year, how many do we have to retire? Chief Orosa: Probably -- currently we have 18 that are totaled. Commissioner Carollo: But is that on a yearly basis? Is the average 18? Chief Orosa: In a yearly basis we have anywhere from 20 to 30 cars, depending on, I guess, good or bad luck driving out there. Commissioner Carollo: That need to be retired? Chief Orosa: Correct. Commissioner Carollo: So that means if we could get a grant for 12, that means there will be a remainder of 8 that we will have to pay from the general fund? Chief Orosa: More or less, yes, sir. Commissioner Carollo: Thank you. Chair Suarez: Thank you. Mr. Aguilar, you're recognized. Chief Orosa: But Commissioner, keep in mind that a lot of our cars in the fleet are old cars that -- what I was talking about are cars that either get sidelined forever, deadlined forever, or are totaled completely that we can't fix. But our fleet is getting older and we -- eventually, we're going to have to replace our fleet. Commissioner Carollo: Yeah, and -- but that's what I thought, that the fleet is being replaced at an average of about 20 cars a year. In other words, you have to retire about 20 cars a year and that's what's happening. Because I'm sure we didn't buy all the vehicles -- every single police car in the same year and they came to -- you know. They have to have different -- Chair Suarez: Expiration dates, yeah. Commissioner Carollo: -- depreciation. Yeah Chief Orosa: They do. Commissioner Carollo: So it's -- andl think it's logical that, you know, you're doing it at about 20 a year. So this car, we can't run it anymore. It passes, I think it's five year or seven years; therefore, we retire it. Chief Orosa: Usually, when we buy cars from general fund, we usually buy about 50, sometimes 75 cars a year. The number that I gave you today, about 25 to 30 cars, are cars that are totaled or cars that, for some reason, they break down beyond repair earlier than the estimated life expectancy of the car. Armando Aguilar: Mr. Chairman. Chair Suarez: Yes. Mr. Aguilar, you're recognized. City of Miami Page 271 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Aguilar: Good morning, Commissioners. Armando Aguilar, president of the Miami Fraternal Order of Police, 710 Southwest 12 Avenue. I thought it was important that you see -- or hear from both sides of the story here of what's going on. So I got a brief presentation if you will indulge me. As the presentation says, "Groundhog Day" again. We've been here before. In 2009 we gave up about $10 million in concessions to avert layoffs; 2010, $20 million, and those were recurring savings. Those are savings you're still realizing, for a total of about 60 million so far; 2011, 11, 300, 000. That's four straight years at a cost of about 94, 300, 000 to the police officers alone, never mind the other City employees, just the police officers. We have lost an average of about $20, 000 a year in wages alone, not including benefits . The estimated police and fire pension costs have gone down dramatically. It went down to almost or more than half of what was projected by Mr. Tierney back in 2010. There are some knee-jerk reactions that were made by the City Administration that cost the pension to go up a little bit, and that was when they scared everybody into going to the pension board and retiring in 2010 before their benefits were taken away and that caused the pension to go up a little bit more, still way under the projections the City had made a couple of years ago. Our pay and benefits cuts are funding -- are going to be funding the following -- and this is one of the reasons I'm so upset about this and I declared an impasse. Now it's no longer the fact that we have to cut benefits to bring our own wages and benefits down, but they're asking us to pay for new cars. That's the City's job. You're supposed to buy your own cars. They're asking us to pay a million three hundred for uniforms and physicals. You're supposed to give us uniforms. You're supposed to know that we're fit to do our job on the street; and yet, you're asking us to pay for it. And the one that's most offensive is the seven hundred and almost eighty thousand dollars in overtime where you make us work, stay away from our families to cover manpower shortages, and now you're asking us to pay for the overtime. I mean, how ridiculous is that? In a few more years we're going to have to pay you to come to work. I wouldn't be surprised if we got to pay for the SEC (Securities and Exchange Commission) fine that's coming up. We have taken a really bad toll for our police officers to the tune of 700 to $1,200 per month in wages alone in order to save property owners 5 or $10 in taxes. And yes, I said it, taxes. What you don't see is that the majority of the citizens here in the City of Miami do not even own their own homes. And as I say in my next slide, the decrease -- or increase in taxes is not passed on to the renters. You created this whole fiscal crisis by lowering taxes two years in a row, by basically putting us in a hole deeper than we can dig out of. As I said before, only 66 percent of Miami residents are owner occupied. They don't give the renter a break of $5 when their taxes are raised by $5. Those same $5 led to officers losing their own homes and their credit. You have to have the moral courage to set the record straight and educate your constituents. Property taxes are already low, tied to home values. Renters pay no property tax. There is no state income tax. Make the tough decisions you know to be right. (UNINTELLIGIBLE) taxpayers will get the police department that they are willing to pay for. It's not a threat. It's simple economics. You understand this concept when you shop for a car, clothes, and food. Police services are no different. Cheap labor never built a good car. Cheap labor never provided for good police service. It should come as no surprise why the crime rate is soaring. You can see the tax break in this graph of what our homeowners have seen over the past few years. It's been a dramatic tax break. Why do we have pensions? Believe it or not, the average life expectancy of a police officer is 62.4 years. The regular public is about 74.2. We die very young because of the stress of the job so we do need to have pensions. We don't pay into social security. We receive no social security benefits. But unlike the myths that's out there, we have been paying for our pension since I became a police officer 30 years ago. And it was 10 percent of our pay almost until 1998, when it was reduced to 7, and now it's back to 10. This is a graph of the life expectancy of police officers again. You have the power to take the first steps, once again, to inspire the Miami Police Department, real shared sacrifice. An extra few dollars a month in property taxes will not kick one family out of their home or an increase in the millage rate. Honor the status quo operations of the current collective bargaining agreement. I've put $9 million on the table for the City. I told them that's all we could afford, because last year we gave up 11, but because Danny said we couldn't have the 2 million from the insurance, I said I'm willing to stay status quo, which was $9 million that you could have had to include the pension contributions. And the City said no, and that was our second meeting, I believe, in July 11 'cause City of Miami Page 272 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 we started meeting July 6, not February. Unfreeze our step and longevity raises. Right now police officers that start with the City of Miami, their starting salary is going to be their ending salary. There is no room for advancement. There are no step increases. Of course, Human -- Labor Relations is not telling them that when they hire them. They just tell them, this is your starting salary. When they find out that their starting salary is their ending salary, they're going to look for a job somewhere else, as we had many of our officers now that got five and six years on that are already looking for a job somewhere else. We're going to have another exodus, as we did in 2010. Now officers that are eligible to go in the DROP are going to immediately go in the DROP with the fear that you're going to cut benefits even more, that you're going to do away with the DROP. What is that going to do? It's going to cost more money to the pension. For once in the City, let's be forward thinking and create solutions that will ensure the City will be around for another 115 years. Your employees did not create this fiscal crisis. We shouldn't have to pay for it, although we have, to the tune of $94 million. Increasing the millage rate is the right thing to do, both morally and fiscally speaking. My fellow police officers have already sacrificed enough. We are not a revenue source. You pay us; we don't pay you to come to work. Collect unpaid property taxes. Collect unpaid rent on City properties. Pursue foreclosure liens. In 2009I remember when Commissioner Michelle Spence -Jones stood up from her chair and said, `Armando, Armando, you need to dig deeper. " Well, guess what. We dug our own graves already. How much more are you going to take from us? Where does the abuse end? We have done our share. It's time now for the citizens of Miami to do theirs. I'm not asking for the world. I'm only asking for something that's reasonable. Thank you. Chair Suarez: Thank you, Mr. Aguilar. Yes. Does any Commissioner have any --? Commissioner Spence -Jones: I just want to -- Mr. Aguilar: Yes. Commissioner Spence -Jones: -- make a statement. Chair Suarez: Sure. Commissioner Spence -Jones: First of all, I want to commend you, Armando, for a presentation well done. It was very clear. I think that not only the City Commissioners sitting up here but the residents at home and the people that are sitting here and the City employees understands now what the real issue is. And you know, I know I'm probably the only one sitting up here, you know, and I've been saying this from day one, you know. Commissioner Sarnoff knows I've been saying this from day one. And out of all the people sitting up here, I think my district is probably the poorest district of them all. The reality is, there's no -- you know, we can never quantify, you know, the sacrifices that the police department or police officers make, you know, for our city, you know. And I can only imagine how your families are affected every single day when you leave out of your house, wondering whether or not you're going to come back. And to me, I know at least in my district -- can't speak for anybody else's district -- you know, whenever something goes wrong, the first group of people that we call is the police. And we've been -- I've been back for a year now, and I can say every single Commission meeting that we've sat up here, we've talked about the crime rate, we talked about, you know, the fact that we don't have enough police, we talk about -- Commissioner Sarnoff, I know on his blue pages, every single time he's always mentioning hiring -- How long have you had that on your agenda? Probably, since I've been back. Vice Chair Sarnoff We checked back. Commissioner Spence -Jones: At least six months -- Vice Chair Sarnoff It's been back to October. City of Miami Page 273 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: -- you know, about us not having enough police. And you're right; I told you to dig deep. That was almost two years ago. And you did -- Mr. Aguilar: Four. Commissioner Spence -Jones: -- and you continue to. And I'm just saying, you know -- I saw today's article. I guess it runs today. And you know, not until today I really realized or it really dawned on me -- because I've been saying this for the longest with the Administration -- like what is the taxpayer -- what are we talking about them saving. And in today's paper, it was -- the average homeowner would save -- would see a savings of $3.54. Mr. Aguilar: A year. Commissioner Spence -Jones: A year. That's not even a cup of coffee at Starbuck's. And I'm saying, ifI was to communicate to my residents -- and I say I have the poorest district, you know, out of all of y'all -- ifI said to them, would you rather have -- would you rather miss a family outing at McDonald's for $10 or have more police on the streets, you know, making sure that your kith are safe every single day? There would not even be -- this would not even be a discussion. And what drives me crazy about City government period and I'm -- you know, I'm -- is that we create all these wonderful smokescreens just to send the illusion that we're really doing something to help somebody. But when you really break it down, when you really break it down and say, okay, what is that number and you see that it's $3.54, it's just for us to send a message to the public, oh, we're not raising your taxes or we're not -- we need to stop playing these games. At the end of the day, we know we need police; we know we need fire. If the house is on fire, you're going to call fire. If somebody's shooting in your neighborhood or somebody's breaking in your house, you're going to call the police. So you -- the problem is, you know, we got to stop pretending, you know. And it's really frustrating because, you know, we're asking everybody to take a haircut. We're asking the City employees to take a haircut. Of course, we're asking our police and fire and our general service work -- all -- everybody to take a haircut, you know. But yet and still, we're not even trying to communicate to the residents, hey, we need y'all to dig deep too. We need you to take a haircut. We all need to dig deep if we're going to be able -- now it's time for the citizens to dig deep. And that's just why -- and I may probably be the only person sitting up here that feels this way about it, but I'm just so tired of the games. And this is so frustrating because we know what we need to do. We know what we need to do and we continue to play these games. So I just -- you know, I've asked Danny to give me the calculation for $5. I asked him to give me the calculation for $10 and I want to see what that number is. Because if you guys have done it for how many years now --? Mr. Aguilar: Four years, counting this one. Commissioner Spence -Jones: Four years. Mr. Aguilar: To the tune of $94 million from a police department of 1,000 men. Commissioner Spence -Jones: I mean, like what are we doing? Mr. Aguilar: I'd just like to say one quick thing before I end. There is room for some pension modifications that will save the City money. The reason I haven't wanted to do it is because if I'm negotiating to save the City money on pension costs, it's going to be to get some of our benefits back that they've taken away from us. It's not going to be so the City can buy cars and uniforms. Chair Suarez: Thank you, Mr. Aguilar. City of Miami Page 274 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Vice Chair Sarnoff Mr. Chair. Chair Suarez: Yes, Mr. Vice Chair. Vice Chair Sarnoff Commissioner Spence -Jones, I'm probably the district that would likely pay that tax increase. And I want you to know that I'm open to the debate of increasing the ad valorem because I think the City of Miami, for reasons -- I don't think it's budgetary reasons. I think we got into a huge quagmire with HR (Human Resources) and the inability to hire police officers. But having said that, I'm open to a debate. You're right. You want to increase the mill rate -- when previous Manager Migoya was here, we had talked about a mill rate increase, I think, in the two years following. I'm open to the debate. I somewhat -- I don't agree with everything Armando said. I don't agree with everything you said. I agree with the spirit in which you said it, absolutely. Because if there is a number -- if it's 30, 50, $60, I think citizens to have more police on the street -- and maybe not the answer, more police -- more effective police on the street, I'm open to that debate. Chair Suarez: Thank you. Mr. Hatten. Anthony Hatten: How you doing? Anthony Hatten, union president, Local 1907. Chair Suarez: If I may before you start. I just would like the Administration to please take a look at the document that we were presented and see if you can answer some of the questions or positions that were put forth. I think it's something that would be helpful for the public. This is now a public document. And I would ask Mr. Aguilar to please continue the spirit of good faith in which you've negotiated with the City to this point. Thank you. Mr. Hatten: Anthony Hatten, union president, Local 1907. In the past years, Local 1907 has bled the most for the City. We always paid 10 percent into our pension. That's number one. Number two, in 1989 we took a 25 percent pay reduction as far as new hires. Now that we're even paying 13 percent, started in 2009, to help the City out. That's before all the -- that's right when all the stuff started going wrong. We have always taken the hardest pay cuts. We have had the layoffs. We, you know, have taken the brunt of all this. And if it's not for my people, the City -- the police department or the fire department couldn't even get down the block. We maintain the vehicles. We maintain the garbage vehicles. We -- 9-1-1, we handle 9-1-1. We handle all the clerical. And the only reason the City's in the shape it is now is because my people know how to run their divisions. I have no confidence in the management, the way they've been running it. And in 2009 people were -- in 2010, when we got our pay cuts, some people didn't get cut at all in the higher management and some people were getting raises, and we're supposed to be in a deficit. And I just can't understand that if we're that cash strapped how people are getting raises. I just -- it's beyond me. And I have no confidence that, you know -- if I gave you all the concessions that they asked for -- I could give that all to you. Guaranteed, next year I'll be standing here again asking why; why are we here again. Something's got to be done and somebody's got to look out for, you know, the City of Miami. And I live in the City of Miami all my life. I got -- my parents lived here all their lives. And it's a shame the way things are going, that we can't balance our budget. Ninety-six, we had a problem. We pulled everything together. The oversight board came down. Nobody got pay raises, nobody, and we made it through that, okay. So I don't understand, four years later, after all the stuff we've been through, and we still can't balance the budget. There's something wrong. We got to hire the right people for the right jobs. We can't waive their credentials. We have to hire -- they have to be qualified people to keep this place running. And like I said, the only reason we're not in as worse shape as we are now is because my people who know their jobs, who had to go through an interview process, had to have their qualifications to get the job, they're the ones that are holding up this city. They're the ones that are keeping this city in worse -- not -- keeping it out of worse shape than it would be in. And their (UNINTELLIGIBLE) the majority -- 253 of them will be leaving in 2014, and we're not going to have anybody here with their knowledge and their will and to know what they City of Miami Page 275 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 know, and we're really going to be in a pickle. And this year, in 2013, we'll be losing 100 and their knowledge is going with them. And the City is not hiring them, not replacing them, not even knowing their knowledge, which it gets us into these problems because they don't know things they can do and what they can't do. And the management that they've been hiring don't know those rules either. Something's got to be done and something's got to give. We have bled the most. We have taken the majority -- the brunt of it; 2010, 86 of my employees got laid off, right, and we fought tooth and nail. And I'm talking -- these are -- last year's contract, right after I finished signing on the dotted line, we were ratifying the contract, in my own department they laid off four people right while we're ratifying the contract. And in Article 53 it said there would be no layoffs, okay, and everything would stay status quo, and no pay cuts. And the next thing I know, I got four layoffs. And then this year, Community Development, I had four more layoffs. Like I said, we bleed the most, but without us, the City won't run. Chair Suarez: Thank you, Mr. Hatten. Mr. Hatten: Thank you. Chair Suarez: And I would request that any information that you have of people that are in upper management getting raises and that discrepancy, please provide it to the Commission. I'm sure we would all like to see that. Mr. Hatten: Absolutely. Commissioner Spence -Jones: I just want to add 'cause I think it's important, you know, 'cause every union, you know, representative that comes up here, they have a heavy burden on them because at the end of the day, you represent the people, you know. And you know, I want to at least commend you for standing up here and fighting for your people. And at the end of the day, even though we talk about police and we talk about fire all the time, you know, the reality is your people do actually run the city. You know, every department, you know, you have people that you represent. And guess what, you talk about Community Development, those individuals being lost in that department affect every single last one of our districts because the people that we have to represent deal with that department. So I don't want you to think that we made light of what, you know, and who you represent because we understand that you guys are the heartbeat of the City administration. Mr. Hatten: I appreciate that. It feels good to get patted on the back every once in a while. Like our -- you know, our building inspectors, electrical inspectors, and the whole building department, we safeguard the citizens when they go into these buildings that are being constructed now to make sure they're up to Florida Building Code and to make sure the fire department and the police department when they go in there to get the citizens out, that the fire pumps that are the 42nd floor will keep pumping water until the firemen -- to make sure the police and fire are safe and that those pumps keep pumping until the whole -- you know, until the firemen and the policemen and the residents can get out of those buildings. Thank you. Commissioner Spence -Jones: Well, thank you. Chair Suarez: Commissioner Carollo. Commissioner Carollo: Mr. Chairman -- Chair Suarez: Yes. Commissioner Carollo: -- thank you. One thing that I'd like to mention - -and I appreciate all the union presidents coming up and I know there's more to come. But one of the things that I want to mention with regards to Community Development. It was definitely something out of our City of Miami Page 276 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 hands. It was something, you know, federal funding cut of 30 some percent that we didn't see it coming. We knew it was going to be high and it was going to be a cut, but we didn't see that amount of a cut. However, I really do believe -- and we spoke a lot about good faith here and dealing in good faith a little while ago. And you know, something that at least this Commissioner didn't see coming and found out about it after the fact was the layoffs. Now I know for a fact that dating back to Charlie Cox, you know, layoffs to AFSCME is extremely detrimental. And you know -- and realistically, when the management, you know -- and we've made very tough decisions up here, you know. And then when -- and maybe just as surprised as you were, at least this Commissioner was, when as soon as, you know, the agreement was signed, we found out that there was layoffs. That was not in the plan, you know. And again, so I think, realistically, that when we negotiate -- and I mean the Administration -- there needs to be good faith. There needs to be, you know -- because what I want to prevent is that, let's say, this year when our Administration's negotiating with Mr. Hatten and all the unions, that they have that notion, that sense that -- of not so much trustworthiness. So again, something like that, I would want to know definitely ahead of time because that is something that occurred. I know that it affects AFSCME quite a bit dating back to, you know, Charlie Cox, and I don't think it's a good practice. I think they need to know right up front, you know, if there's going to be any layoffs. Chair Suarez: And if -- Mr. Martinez: I agree with you, and I've worked hand in hand with Mr. Hatten on that issue. Commissioner Carollo: Okay. Mr. Martinez: I haven't -- Chair Suarez: Commissioner Gort. Mr. Martinez: -- sidestepped it. I have not ignored it. I've worked very closely with it. Chair Suarez: Commissioner Gort. Commissioner Carollo: Thank you. Commissioner Gort: One of the things I'm bringing back as a pocket item later on is the relationship between the Administration and the labor union, and we work on the resolution to bring it back where we will meet every month and talk about -- like the problems you're addressing right now so we can take care of it before anything happens. So I'm working on that and we'll get there. Mr. Hatten: Thank you, sir. Chair Suarez: And -- Mr. Hatten: Thank you, Commission. Chair Suarez: -- I would like to just say one last thing before Mr. Hatten leaves, something that him and I have discussed previously. And by the way, I was very persuaded by some of the arguments that Mr. Aguilar was making with reference to how it appears that the cuts are actually paying for things that would seem like things that we would normally pay for. I think one of the areas where we can all work together is in our pension administration costs, and that's something where -- you know, to the extent that there are costs to administer that process, I think -- it's something that this Commission has harped on every year in the budget. I'm sure we'll harp on it again. So what I would ask the members of the union is to help us reduce those administration costs to the maximum extent possible. City of Miami Page 277 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Hatten: Absolutely. I'm working on that as we speak. Chair Suarez: Thank you, sir. Joe Simmons, Jr.: Good afternoon, ladies and gentlemen. Joe Simmons, Jr., president of the sanitation workers union, AFSCME Local 871. I guess my comments will be a little different. First, we should be meeting with the City very soon as far as negotiating pension health and wages. Under our current contract, we have those three provisions. One, we have Article 11, which is Labor Management Committee, where it fosters communication between labor and management as an offshoot of negotiations. I think a lot of issues can be addressed there operationally and other ways. Number two, under the group insurance, which is Article 27, there's a component entitled "Health Care Committee." Health Care Committee is charged with the responsibility of looking at the health care plan throughout the year on a monthly basis . We've had a couple of meetings this year where we no longer have that group benefits manager that was there. I think that would be very helpful so we won't have to be in a position where we're trying to make those hard decisions if there's ongoing dialogue. Number three, we really have to start digging deeper. I was reading the Miami Herald, which I don't necessarily believe. I know it's a lot of propaganda in there. But they were -- there was a presentation that the average citizen would save $3.54 a year. A lot of that's created because you guys rolled back the millage rate for whatever reason you did it. But I think that's part of the -- I don't know what part of that $40 million that would amount to. But I think it would be -- you know, everyone can understand that there are increased costs in certain areas, but then you have to really look at all the players respectfully and come up with a solution. I think it's disrespectful to take away -- take something from someone, you know, without at least having a discussion with them about it, why you need to have it. And I think that it's just the easy way out, you know. To really come up with a solution takes effort. The same way you can ask somebody what do I like about Commissioner Gort and it'll -- they'll probably have to take effort to do that. But what you might say -- pose the same question what you don't like about an individual -- not you -- against you personally, but just an example. And they'll probably have a laundry list of things what they don't -- may or may -- what they may not like about what you do. But I think these are the times requires us to dig a little bit deeper to come up with a solution because I think it's in the best interest of all and I think we'll have better relations between management and labor. We used to have those labor management meetings departmentally once a month. Directors change, sometimes things change, but I think if we do those departmentally and then funnel those through maybe a citywide labor management committee, we can probably come up with some better solutions. Commissioner Gort: It's coming back. Mr. Simmons, Jr.: And, hopefully, you guys won't be in a bad position to make them tough decisions that makes you very uncomfortable. You know, I sit at the dais and I watch. And I see sometimes you guys in an uncomfortable position. And I know at sometimes it's really hard for you to make them decisions, but you have a limited timeframe in which to make them. But I think we should just work together more on coming up with a solution. It's easy to criticize, easy, but coming up with a solution makes [sic] effort. Thank you. Chair Suarez: Thank you, Mr. Simmons. Mr. Suarez. Robert Suarez: Robert Suarez, Miami Association of Firefighters. Commissioners, most of you were here the past four years that we've been -- seems like deja vu over and over again. It's been mentioned before, you know. We've been asked to dig deep. This is now the fourth year, Commissioner Spence -Jones. Commissioner Spence -Jones: Boy, that dig deep's gone a long way, right? City of Miami Page 278 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Mr. Suarez: Yeah, it's -- I'll admit; I'm not skinny. But the 800 pound gorilla that you mentioned was here three years ago in front of you. We're a shadow, our organization. The paramedic/firefighters in the City of Miami are a shadow of what we used to be. We have less personnel on the street now than not only than we had four years ago, but than what we had 20 years ago and twice as many responses. Ninety-three thousand emergency responses your paramedic/firefighters are going on a year, twice what we were going on 20 years ago with less people than we had then. We're being cut from every corner. Our salaries were cut by 40 percent over the last three years, 40 percent, just in salary, not including overtime, real salary. Health insurance benefits, virtually cut in half. Retirement benefits -- not only did the City save $23 million in 2010 from just police and fire, but those savings are recurring. We've seen enormous cuts. At what point do you, as the leaders of our city, look for somewhere else besides continuously coming after our employees. I'll tell you, in the Fire -Rescue Department we're losing them. We're losing them to other departments. We've recently lost firefighters not only to Dade County, to Coral Gables, to Miami Beach. Our fire chief sent out letters to 120 applicants offering them the opportunity to come into the fire department and interview for a job. Half of those responded, half of them. People don't want to even come work here. They do not want to come work in this city. And now you're asking for more cuts. Fifty-four million dollars from paramedic/firefighters in the past three years, and now we're asking not only to recur what we gave back the City this past year but for more. And I hear from the Administration, well, retirement costs went up a few million. Well, if we use that logic that the paramedics have to give more because our retirement costs went up this year because of stock market losses, do we expect -- can we expect from you that when our retirement costs drop that we'll get that money back? Is that a commitment that the City is going to make to us, because we can't have it both ways? If we're going to -- if the employees are going to pay more for a small increase in a particular year, we expect to get that money back when our costs drop, yet that doesn't appear to be any of -- anything that the City's interested in. Health insurance. We hear a lot about our health insurance cost going up. You need to know that your unionized employees pay about twice as much for health insurance than your non -unionized employees do. No unionized employee in the City has free health insurance. None of us have free health insurance, and our rates on average are 40 to 50 percent higher than non -unionized employees. Yet, the City comes to us and says, Well, we want to treat everybody equally so we need some of your out-of-pocket copayments to be increased. Let's -- make no mistake, there's nothing equitable about how health insurance is divvied up in this City between union and nonunion employees. The decisions you make everyday put the City in the position that it's in right now. Whether it's deciding not to send projects out to RFP to get the best and most money back to the City, whether it's renting property out to non for profits for $50 a month, City -owned property, to not collecting taxes on City -owned property that private organizations are using, those decisions are what help put us in the position that we're in now. The employees are 80 percent of the City's costs, without a doubt. We've talked about this. The City doesn't produce a product; it provides a service. No company that provides a service can get away with its personnel costs being much lower than that. We don't sell a product; we sell a service. And to sell a service, we need to treat the -- those that deliver that service fairly. And the treatment that your employees have been getting in the City over the past three years is embarrassing. You won't find a city in Florida that has treated its employees as badly as the City of Miami has treated them. And now to come to us and say, Well, now we need more; dig deeper. This Commission needs to look for other options. And as the City negotiating team has said, our union has been in those negotiations. We've been working. But at what point do you start looking at other options and say, we can't afford to cut our employees anymore? The City is on its way to looking like the City of Detroit, that has cut its employees so much, services are so poor that crime is high. Everybody's moving out of the city. Buildings are burning down in the City of Detroit by the dozen every week and now -- and our police and fire departments are on the road to help take the City in the same path. At some point, the citizens expect service and it costs money. And you need to make decisions that protect those services, and continuously coming back to use the funding of those services as some sort of piggybank to fill holes in other places, that's not the leadership that we expect and demand from you. And we ask you to look at other options. City of Miami Page 279 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Thank you, Mr. Suarez. Any further questions or discussions? Mr. Martinez: Mr. Chair. Chair Suarez: Yes, Mr. Manager. Mr. Martinez: Do you have -- does the Commission have any questions of Mr. Mattimore before he leaves? Chair Suarez: I think we're okay. I don't have any. I don't know if anyone else does. Commissioner Carollo: I think you asked with regards to looking at at least the FOP's presentation and some of the arguments. Chair Suarez: I think -- and you know what, and I'll extend that to, I think, the arguments that have been made by all of the four -- Commissioner Carollo: Right. Chair Suarez: -- labor unions here today. I think to the extent that they can be analyzed, digested, and answered and published what an answer is because they deserve that and also our residents deserve that as well. Commissioner Carollo: I mean, listen, I'm one that is very fiscal conservative and I know Mr. Mattimore charges by the hour. However, I think it's well worth it for him to stay until this discussion is completed. I don't think he should be leaving early. Commissioner Spence -Jones: I concur. Commissioner Carollo: And in all fairness, I mean, I'm one that -- and if you all remember in a CRA meeting, I pointed out of an attorney charging by the hour and not doing anything so -- but I think in this case, you know, with all due respect, I think he should stay until this conversation or this discussion is over. Chair Suarez: But is it not over now? Commissioner Carollo: I don't know. I didn't hear us moving to another item or adjourning. Chair Suarez: No. I was going to adjourn for lunch, but I don't know -- I mean, is there anything that you have specifically now that you want to talk about? I wasn't expecting him to answer those things right now at this second. I was expecting him to provide some sort of -- Commissioner Spence -Jones: But he's just saying if there's anything that we need to talk about, Mr. Mattimore should be staying. Chair Suarez: Yeah. Commissioner Carollo: Yes. Chair Suarez: Yeah. Commissioner Spence -Jones: Right. And are we saying we're -- does anybody have any comments after this? City of Miami Page 280 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: I think -- I made my comments. Commissioner Gort: I have -- Commissioner Carollo: And in all -- yeah. Vice Chair Sarnoff Here's, I think, what you're asking. And maybe -- you know, you get a lot of numbers, you get a lot of -- are these numbers accurate, number one. Are -- and in what -- how can we recouch these numbers? Are they --? Obviously, you know -- what do they say, two plus two equals four should be for everyone. However, what is it they say, damned lies and statistics. There's no two ways about it, what they're -- everybody's making their point in their perspective. But I think what we're asking is, Are their numbers accurate? Are they couching them in a certain way that you would like to counter what they say? And I don't know that you could do that sitting here right now, but I think what the Chair is saying is he wants to have some sort of a response, you know -- Chair Suarez: Sure. Vice Chair Sarnoff. -- accurate, inaccurate, (UNINTELLIGIBLE) spelling error -- Chair Suarez: Right. Vice Chair Sarnoff -- not spelling error, you know. Chair Suarez: Right. Vice Chair Sarnoff. Something different. I mean, we want to know what was presented to us was inaccurate. Chair Suarez: I think that -- exactly. I mean, I think the members of the different unions made roughly 10-minute presentations. They brought up a variety of issues. And I don't think that they can be -- I don't know that -- maybe they can be answered on the spot. I doubt it because it requires actually reviewing some of the information you may or may not have been privy to before so -- but I think they deserve -- and so do our residents -- some sort of answers for some of the questions that have been posed. Mr. Mattimore: Absolutely, Mr. Chair and Commissioners. I wasn't trying to leave early. We were actually just asking if you had any questions for me because we weren't -- we didn't see this as a debate. Commissioner Spence -Jones: No, no. Mr. Mattimore: We saw it as an information item. We -- Chair Suarez: Right. Mr. Mattimore: -- presented the information we wanted to present. We listened carefully to the presentations of the unions and the written PowerPoint presentation by the FOP and we will address each of those points. Some of them are in writing and we're going to have to go back and look at those numbers and we're going to have to look at the points being made. Other points were made verbally, so we're going to have to look at our notes and go back. But we intend to respond to all of that so. Chair Suarez: Commissioner Gort. City of Miami Page 281 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Gort: Statement was made of the reoccurring savings that have taken place. I'd like to have the total of that and how long it's been taken of the reoccurring savings that has taken place constantly, okay. Mr. Mattimore: Okay. Commissioner, do you mean for each year? Commissioner Gort: For each year, yes. Mr. Mattimore: Okay. We will do that. Commissioner Gort: I think it's important for the public to know and for everyone to know. Mr. Mattimore: Good. We will do that, Commissioner. Commissioner Gort: Okay. Chair Suarez: Thank you. We will be in recess until 2:30 and I believe -- yes. Commissioner Spence -Jones: I do have a few comments. Chair Suarez: Yes, of course. Commissioner Spence -Jones: Okay. The first comment I have is really off of Solid Waste, his comments around communication. I do believe that there is a breakdown in communication. And I'm going to say I know that the Administration has been, you know, working along with the unions, but maybe one of the things that needs to happen is it needs to be increased with the unions so it's not always down to the last minute before a decision is actually being made. So I think that it's important for that to happen. And I just want to say to my fellow colleagues -- because I think some good information was put on the record today. And I know that we're going on break in August, but I would like to at least have us think about, you know, the opportunity of us coming back together, even if it's for -- I know we're going to be back here on the 6th. I think we have a meeting on the 6th -- some of us, on the 6th. If we can utilize that opportunity, since we have to see each other again, to have a deeper discussion on this issue. Vice Chair Sarnoff. What's the 6th? Commissioner Gort: CRA meeting. Commissioner Carollo: I won't be here. Commissioner Spence -Jones: Okay. Chair Suarez: On September 6? Vice Chair Sarnoff. August, right? Commissioner Carollo: September 6, yes. Vice Chair Sarnoff. August 6, right? Commissioner Carollo: September, yes. Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff. The CRA meeting, right? City of Miami Page 282 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff Okay. Chair Suarez: Oh, okay. Vice Chair Sarnoff. I'm -- 'cause you said -- it made it sound like a City Commission meeting, and I think they were all -- Commissioner Spence -Jones: No, no, no, no. Chair Suarez: Yeah. Vice Chair Sarnoff Okay. Commissioner Spence -Jones: No City Commission meeting. Chair Suarez: Yeah. Commissioner Spence -Jones: It's August 6. Vice Chair Sarnoff I'll be here. Chair Suarez: I'll be here. Commissioner Spence -Jones: So I mean, just to -- and if you want to do it another time, Frank. I just assumed since we were already going to be together that we could use this opportunity to really talk about this issue, because what really bothers me in these debates and these discussions is that it almost seems like we're going against the employees. And I know for a fact that my colleagues sitting up here -- we're not, and we support and respect all of the union members and what they do for the City. I just don't think that we have enough time to really talk about these issues and debate these issues enough. Usually, we have one or two meetings and we're making a decision and I think we need that. I really think we need to have this discussion and looking at all the options. So I just would like to make that recommendation, that we at least try to get together again before September. Vice Chair Sarnoff But we -- I think our option closes down on RE (Resolution) whatever, which is the mill rate because once we set the mill -- Commissioner Carollo: Yeah. Vice Chair Sarnoff -- their windows and what they're working with, the volume stops right there. Commissioner Carollo: Which is today. Vice Chair Sarnoff It's a defined volume. Commissioner Spence -Jones: Right. And our final decision on that date is when? Commissioner Carollo: Today. Vice Chair Sarnoff. Today, I think. City of Miami Page 283 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: So we have to make a decision on that today? Commissioner Carollo: Yes. Commissioner Spence -Jones: Wow. Commissioner Gort: Listen, you can make a decision on the millage. You cannot take it up, but you can bring it down so -- Now, my understanding is -- Vice Chair Sarnoff. Right. We give ourselves flexibility. Commissioner Gort: -- and I'd also like to have the information. A lot of statement has been made about the tax for the individual residential is three point forty dollars and so on. At the same time, I want to know how many millions that's supposed to bring according to the problem. Because according to the unions, if we increase the millage, they're okay with that and then they will be able to work if we did that, so I want to have those numbers. Commissioner Carollo: Yeah, and -- Commissioner Spence -Jones: I missed your first part of the statement, Commissioner Gort. Commissioner Gort: Okay. Commissioner Spence -Jones: You said -- Commissioner Gort: You make a decision today on the millage and you can put it wherever you want to. Commissioner Spence -Jones: Right. Commissioner Gort: You cannot -- then you have to confirm it at second reading. On the second reading, you can lower it but you not can take it up. But if you put it real low, you cannot take it up. Commissioner Carollo: Mr. Chairman, if -- Commissioner Spence -Jones: Oh, I got you. Chair Suarez: Yes. Commissioner Carollo: -- I may. Chair Suarez: Yes, Commissioner, please. Commissioner Carollo: Yeah, okay. I see Commissioner Spence -Jones -- so she got -- the bottom line is today we set the cap. This is the highest we could set it. We could always bring it low back in September. But if we set it at x'amount, we cannot raise it in September. We could only lower it. Chair Spence -Jones: Okay. Commissioner Carollo: So today what we're doing is setting the cap. Vice Chair Sarnoff Setting the maximum mill rate. City of Miami Page 284 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Carollo: Yeah, setting the maximum. And what I would like is the numbers also 'cause I'm hearing that 3.54 and I don't know if it came from the newspaper, the Herald, or where it came -- Commissioner Gort: I don't have the actual number. Commissioner Carollo: But the bottom line is, that 3.54, I don't think fixes our $40 million deficit. Commissioner Spence -Jones: Oh, no, no, no, of course not. Commissioner Carollo: Right. So I just -- Commissioner Spence -Jones: But what it does -- Commissioner Carollo: Right. Commissioner Spence -Jones: -- do -- and I asked Danny on the sidebar -- is it helps us, you know, reduce on the debt. And we're looking -- and I don't think it should just come from that option, mind you, because I think some of the points that were made today were good points, you know, rents that we haven't collected. You know, there's a lot of things, a lot of areas that we've been talking about -- I know since I've been back last August that we've been talking about from almost a year, we still haven't gotten numbers on those things from the increases -- Commissioner Carollo: And by -- Commissioner Spence -Jones: -- and we still have not collected. So some of these things, I know even in my briefings, I know that -- I don't remember which department it was, but it was like, I think, $14.1 million that still needed to be collected, that was still outstanding. I guess this was based on the audit. But my point is, I think that there's several areas that we need to tap in in order to address this issue. But I just think -- I think the biggest issue, it's about courage. At the end of the day, we could talk the talk, but we got to walk the walk. And that is, you know, are we willing to make the necessary steps. We've asked every single City employee to bend over backwards, to do cartwheels, to, you know, whatever we can think for us to ask them to do and they've done it. And yet and still, we're not transferring that across the board. It's courage. Vice Chair Sarnoff The only -- Commissioner Spence -Jones: That's what it boils down to. Vice Chair Sarnoff -- thing I ask, Mr. Manager, is -- somebody made a statement which everybody heard, which was for $3.50, we'll have a volume of dollars. I want to know for $10 -- and I'm talking about an average home, so you want to go an average home, you want to go high median, low median. I mean, I might consider a $50 increase 'cause I suspect I'm the one that's going to have the higher value homes, but what volume of dollars does that generate. Commissioner Spence -Jones: So maybe perhaps they can bring -- you're saying let's -- want to bring that back today before -- during the millage discussion. Vice Chair Sarnoff No. We have to do it today. Commissioner Gort: We have to. Commissioner Spence -Jones: Yeah. City of Miami Page 285 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Vice Chair Sarnoff I want them to be prepared -- Commissioner Spence -Jones: To bring it back. Vice Chair Sarnoff -- when we get to the mill rate -- Commissioner Gort: Yeah. It's got to come. Vice Chair Sarnoff -- to say, Commissioner -- Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff -- Sarnoff, I -- a $600,000 house in Miami -- and you know, candidly, that'll likely be my area, would net -- would be an increase of $75 a year. Whereas that $150,000 house, it would result in $14 a year; whereas a $50, 000 house, it will result in $3.50 a year. I have no idea if the numbers I've given are correct, but I'd like that kind of (UNINTELLIGIBLE). Commissioner Carollo: Absolutely. And by the way, Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: And I just want to point out -- and maybe I don't do a very good job of whenever I do discussions and debate with regarding to the financials -- it really all boils down to right now what you're speaking about. You know, I debate so hard on some of the issues, some of the rents -- I'm sorry. Commissioner Spence -Jones: So we're taking a break? Commissioner Carollo: Yeah, we're taking a break, but I just wanted to make a comment before we -- Chair Suarez: He's finishing up. He's finishing up. Commissioner Carollo: -- took the recess, that, you know, I don't make a good enough job when I discuss the finances and you see me debating, you see me discussions [sic] and requesting the numbers and challenging the numbers, you know, but it all boils down to bringing in more revenues for the City of Miami so when we have these issues with our unions, we could actually have the monies to pay. Thank you. Chair Suarez: Okay, guys. We're going to take a break until 2:30 and we will reconvene at 2:30 on the nose -- or 2:45. Commissioner Carollo: 2:30. Chair Suarez: 2:30. Commissioner Spence -Jones: 2:30, on your item, right? Chair Suarez: 2:30 on the Commissioner's item. NA.3 DISCUSSION ITEM 12-00870 DISCUSSION REGARDING POSSIBLE SOLUTIONS FOR ENSURING THAT THE BURN NOTICE PRODUCTION TEAM STAYS WITHIN THE CITY OF MIAMI IN THE EVENT THEIR LEASE WITH THE COCONUT City of Miami Page 286 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 GROVE CONVENTION CENTER IS NOT EXTENDED. DISCUSSED Commissioner Sarnoff.- Okay. Now we have a full Commission, and Commissioner had requested a time certain item, which we had granted for 2:30. I just want to say before going there that I spoke to the City Attorney in the morning and she said that it is appropriate and proper for a Commissioner to e-mail (electronic) another Commissioner regarding a time certain in advance. So it's not a violation of sunshine or anything to that effect, and I would like you to put that on the record. But just so that we all know, if there is a time certain issue so that we can reciprocate. We try to give it to you in advance and then -- so we know in advance and we can prepare in advance. So Madam City Attorney, can you just put that on the record if that's the case? Julie O. Bru (City Attorney): That would be a procedural request. It's not -- you know, it's not intended to be engaging in communications outside of the sunshine. It's just a request. That would be appropriate. Chair Suarez: Thank you. Commissioner Carollo, you are recognized on RE.22. Commissioner Carollo: Thank you. Commissioner Spence -Jones: Can I just say something before you get started? Chair Suarez: Yeah, of course. Commissioner Spence -Jones: I'm sorry. I'm a little late getting back. Chair Suarez: Yes, of course. Commissioner Spence -Jones: Mr. Chairman, I see we have a lot of people in the audience. Chair Suarez: Yes. Commissioner Spence -Jones: We're going to go ahead and take your item because it's time sensitive, but right after that, if we could just -- 'cause I think they're probably here because of my item so I -- the -- I would like to at least take a few minutes to -- Chair Suarez: Sure. Commissioner Spence -Jones: -- kind of address -- 'cause I will not be here later on this afternoon -- Chair Suarez: Right. Commissioner Spence -Jones: -- to address that issue so that we can continue with City business. Chair Suarez: Fantastic. Commissioner Spence -Jones: Okay. [Later..] Chair Suarez: Okay, Commissioner Spence -Jones, you have the floor. Commissioner Spence -Jones: Okay, just really -- City of Miami Page 287 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: It's a good start to the afternoon, huh? Commissioner Spence -Jones: Huh? Chair Suarez: Good start to the afternoon. Commissioner Spence -Jones: I know, right. Let me just say this. I know that I was scheduled to be here this afternoon for my items on the blue pages and I will not be here this afternoon, so I just wanted to kind of address the Burn Notice issue really quickly. I know that we have a room full of people here. They magically appeared. Commissioner Gort: I wonder why. Commissioner Spence -Jones: But what I do want to say to you, 'cause I know that you guys have taken out your time to come here, and at the end of the day, it's really -- I'm sure you're here because you're concerned about your families, you're concerned about, you know, what's going to happen to you next. I wanted to assure you -- and I know that I have four other colleagues up here that would agree that every single Commissioner sitting up here supports the idea of Burn Notice being here. So I want -- since you're here in the room, I want you to hear it and hear it from us that I don't -- I know that there's not one Commissioner sitting up here on the dais that does not support it, including the district Commissioner, so I wanted to really make sure y'all understood this. The other thing that I wanted to be clear on because, originally, it started on Commissioner Gort's -- Chair Suarez: Blue page. Commissioner Spence -Jones: -- blue page and then it got on my blue page. I wanted to make sure you understood how that actually happened. During the last meeting the conversation came up about the transition happening from Coconut Grove to Wynwood, and I am the district Commissioner for Wynwood. And my suggestion at that particular time -- and I believe the district Commissioner was in support of and so were the other Commissioners sitting up here -- that we do have a studio and that we're trying to support an independent studio there, that we would look at possible alternatives to assist with the transition. So my item coming up today was really to address how do we make that transition happen. It wasn't about actually having a full-blown hearing where individuals were going to be getting up here talking about Burn Notice and why it should stay here. And I want to -- I got to say this 'cause it's really important. You know, we as Commissioners up here, we really try to make votes or at least vote on items and respect each other's district. This item has been in Commissioner Sarnoffs district, I believe, for what, four years, Burn Notice, at least three -- Vice Chair Sarnoff Five. Commissioner Spence -Jones: Five years in his district, and I know that this has been a very sensitive issue for him from the standpoint of the residents that actually live in Coconut Grove have asked for it for many years. Actually, you guys have been working on actually getting a park built here, right in the heart of Coconut Grove. And I have to put myself in his shoes and ask the question, If I had meetings after meetings and community meetings after meetings with my residents in Overtown, Liberty City, or in the areas I represent and they had requested for a park, would I want to have support from my fellow Commissioners? And the answer would be yes, especially if the residents were very much involved in them deciding what they want to see in their neighborhood. So I want you to understand from my perspective how it's really important for me not to -- or us as Commissioners to chime in on what's actually happening in any other Commissioner's district. I think the offer still stands to work along with Burn Notice to see if there could be some sort of transition support if that happens so that at least Burn Notice remains in Miami. I -- in closing, I do want to add that I think that we've all kind of dropped the City of Miami Page 288 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 ball on this issue of Bum Notice. And I want to say this just really quickly. I know I've been back for the last year and it would seem to me -- I know that you guys only got a year extension, but at least from the Administration side of it, someone should have been ringing the bell almost six months ago to say, hey, look, you know, the Commissioner's really serious about this, you know. We need to figure out how we're going to transition so that you would have at least six months to really transition and for us to really find the resources to make sure the transition did not hurt Burn Notice, did not hurt the City or the residents that are here. So I want to just say to the citizen -- I mean, to the staff members and to City staff that I really think that we should have not waited until we're like 30 days away or 60 days away from, you know, making a decision. And with that being said, I do know that this whole issue actually came a little prematurely. You know, I think because the item was put on the agenda by Commissioner Gort, we all kind of got involved in it when, quite frankly, it should have probably never even gotten to the point where everybody was chiming in period because -- first of all, we don't even know if the show has even been extended as of yet. So I think that from my perspective, I appreciate CAMACOL (Latin Chamber of Commerce). I know that CAMACOL reached out to my office. I don't know where CAMACOL is. Where are they? Oh, okay. I know Pattie is a true fighter for the industry and I want to say this to you guys. I don't know if you know Ms. Pattie, but Ms. Pattie goes out of her way to make sure that the industry is supported here in the City of Miami and has done a lot to make sure that a lot of the locals have the opportunity to actually participate in Burn Notice. But I think this thing kind of got a little out of control. You know, here I am trying to work along with making sure Burn Notice stays and not really allowing the district Commissioner to weigh in. So I do want to say this to everyone that's here 'cause I think y'all need to hear it. Every single last Commissioner sitting up here supports Burn Notice being here. That's never been a question. Of course, we want to have you here. That's not even the issue. The issue is this has been an ongoing concern for the residents of -- and I can't really -- I'm speaking for you and I'm not trying to. But this has been an ongoing concern for the residents of his district about them having a city park. Now we may not understand why it's important for whatever reason, but the community -- his residents have actually participated in this process for more than five years, so they're expecting a park. So I'm just hoping -- and what I'd like to at least say to you, Commissioner Sarnoff, I support whatever you decide you want to do in the facility. I also support Burn Notice if they're interested in making any transition. From the CRA's (Community Redevelopment Agency's) standpoint, I'm sure we support you as well. But we just got to figure out a way, you know, to work through this issue without making one person look bad over the other. And I think that -- and I'm going to shut up after this -- I just think that this whole thing has really spiraled out of control. And quite frankly, I know my chief of staff -- where is he? You know, here we are trying to do good to make something great happen and we got caught in the middle of doing something good to support, you know, what CAMACOL and what, you know, people from the local community, as far as the film industry is concerned, wanting to have happen. So I would just suggest that Commissioner Sarnoff and the producers -- the folks that really need to be talking needs to be Commissioner Sarnoff and the producers of Burn Notice to try to work out the differences. And just know, as a body up here, we support whatever that transition is. And at this point, Commissioner Sarnoff -- I know this is not supposed to be a long discussion, but I think it's important for you to really chime in on it so that at least they're not sitting here all day listening to a long Commission meeting. Commissioner Gort: Let me add. Last time when I was here, that I had it as a pocket item in here, we discussed what we -- we put a group together. They were going to be working with the industry and they going to work with us to make sure that we can come up with a solution for this. Chair Suarez: Vice Chair. Vice Chair Sarnoff. You know, I don't think there's anybody up here that has worked harder to get a film industry in Miami than me. I don't think there's anybody up here that didn't take Terry Miller by the hand and show him different parts of the City; ask him for his input on the MEC City of Miami Page 289 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 (Miami Entertainment Complex), walk the MEC with him on two occasions and find out what it took to build a movie studio. Ninety-five percent of all the e-mails (electronic) I received are well thought out e-mails. However, there are quite a few and quite a few from movie people that I don't think it's wise for you to start out an e-mail with, "yet another incompetent Miami Commissioner. So how much money are you getting paid under the table for this movie?" For this move, excuse me. And let me put this on the record because I've seen or heard -- I haven't seen 'cause I don't go on blog sites. I have heard people say that there is going to be a private park adjacent to City Hall. Nothing could be further, more illegal -- nothing could be further from the truth. At 34 meetings, which then Commissioner Regalado would agree was, I think, the biggest public hearing and the biggest public participation of anything that occurred here in City Hall, we decided to have a park there. You came in and you wanted to come in for one year. One year became two years; two years became three years, four and five. I've gotten e-mails that have asked for an extension indefinitely. I've gotten e-mails that have asked us to convert this into a permanent film studio. Here's my position. There will be a park, a very well thought out park. And yes, Commissioners, we have $1.8 million that we have been judiciously and carefully setting aside both with quality of life dollars, with Burn Notice rent money, as well as every possible funding source you could think of to do that park. So I know you asked for that number. We actually have some handouts if you guys would like. I'll give it to you at the end of the Commission. And I think everybody would be surprised to see what it would be like to see the water in a park. I can equally suggest to you that the highline in New York is the number -one tourist attraction in New York. So some of you that don't think parks bring any kind of meaningful dollars to the city, I think would be wrong and I think Mayor Blumberg would be extremely upset because he has greened New York. And if you've been reading the New York Times at all, you'll see his virtues are being extolled for creating park space. I have a number of e-mails here that made derogatory comments about the City of Miami and it doesn't need parks because it's nothing more than a bunch of homeless people. You know, I know that's not the way most of you think, but I did trace these e-mails and they all go back to the film industry. They should have known better than to say to City officials and Commissioners -- and there are some pretty racy remarks put in these e-mails that don't belong. But I'm going to say this, 95 percent of your e-mails, pretty well thought out, pretty well conceived. Simply put, this Commissioner is taking no money from anyone. It's the first time I've ever seen a Commissioner accused of doing something deleterious because he wants to build a park. Somehow, I'm in somebody's pocket. Somehow, Francis Suarez is in his pocket with me, and somehow -- Chair Suarez: Really? Vice Chair Sarnoff That's one of the e-mails. Chair Suarez: Oh, okay. Vice Chair Sarnoff Sorry. Somehow -- and that doesn't facilitate -- Chair Suarez: It's a big pocket. Vice Chair Sarnoff -- a conversation at all. Now to Burn Notice, Terry Miller -- is he out there? Terry, you just come to see me. You don't send a surrogate. You don't need to send anyone else. You simply come to see me. I have your cell phone number; you have my cell phone number. Don't get up at the mike 'cause I'm not going to entertain a discussion. You simply need to see me. Terry Miller: (UNINTELLIGIBLE). Chair Suarez: Okay. Vice Chair Sarnoff Terry, you simply -- we had each other's cell phones. City of Miami Page 290 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Chair Suarez: Okay. Vice Chair Sarnoff You simply needed to see me. Having said that, Mr. Chair, I think this is a District 2 Commission item. I don't find this to be a citywide item. In the words of Commissioner Carollo, which he just said, we give too much of our waterfront away and we do it pretty cheaply. So with that said, I invite you, Mr. Miller, once you learn you've been provided your next season, to come see me. Chair Suarez: Okay. Commissioner Gort: Here, here. (UNINTELLIGIBLE). Chair Suarez: Let me just say, ifI may, 'cause you mentioned me in one of I guess, the e-mails. I've read pretty much all of the e-mails and I have to say that it's actually been refreshing to get the e-mails that I received in relation to this issue because I don't -- in other times when there's a contentious issue, we get a form e-mail, the same e-mail over and over and over and over and over again. And this time they were not that way. Each one was like individually thought out, individually drafted and individually -- and yeah, some were critical and I think -- I do remember reading at least one that was critical of me. I'm not exactly sure why, but it was. And everyone's entitled to their opinion and, you know, I certainly don't -- you know, I don't begrudge them their opinion. I do firmly believe that there is a workable solution to this. Commissioner Spence -Jones: Yes. Chair Suarez: I think the Vice Chairman is going to work hard to find one and so are all the members of this Commission. But what's the hardest thing in our job here -- and I -- we've been -- I've been doing this for only two and a half years and I'm pretty young, but I don't fit in his pocket, by the way. I've been doing this for a while. The hardest thing is when you have two good objectives that come into conflict. Having a park, I think we can all agree is a good objective. Having Burn Notice in Miami, I think we all agree is a very good objective. And sometimes, unfortunately, two good objectives come into conflict and it's very difficult to reconcile that conflict. But in any event, I'm sure that this Commission and this Administration's going to do everything they can to find a workable solution to this problem. Thank you. Unidentified Speaker: Can any residents speak at all? Unidentified Speaker: Can we say something? Chair Suarez: This was not supposed to be a public hearing item. I don't know why you were informed that it was. I'm sorry. Commissioner Spence -Jones: And so -- so let me be -- and that's the reason why I opened up my comments because this was an item -- for most folks, you probably don't really understand how the Commission hearings actually happen, but each one of us have blue page items, our own personal items we want to put on the agenda, and they usually happen at the end of the meeting. So the Chairman is actually doing everyone a favor because you would have been sitting here probably 'til about 10 o'clock tonight. So he actually, you know, stepped up to the plate and said hey, no, let's address it so at least you guys know what's going on. It was an item that I put on for the transition -- assisting with the transition of Burn Notice staying in the City but going to Wynwood. So that was the whole purpose of the discussion. The district Commissioner is going to take the lead correct? Did I hear that properly? Commissioner Gort: Right. City of Miami Page 291 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 Commissioner Spence -Jones: And I think the only two people that really need to be talking is Terry and Marc, and I'm sure -- well, and Fox. Fox, we -- can you talk to Fox too? Are you okay with talking to Fox? Applause. Commissioner Gort: Hey, hey, hey, hey, hey, hey. Commissioner Spence -Jones: Quiet, quiet. Chair Suarez: All right, guys. Commissioner Spence -Jones: Quiet, guys. Let's be respectful. Chair Suarez: Please, please. Commissioner Spence -Jones: I'm asking the Chair -- I mean, the Vice Chair. Vice Chair Sarnoff I'm going to talk to Terry Miller, who I know. Commissioner Spence -Jones: Okay, because Fox, I think is Terry Miller's boss, right? Unidentified Speaker: Right. Commissioner Gort: That's all right. Commissioner Spence -Jones: So do you mind -- Marc, do you mind speaking to -- You want to talk to Terry first, then Fox? Vice Chair Sarnoff I'm going to talk to Terry Miller. I'm not going to do it from the dais here. Commissioner Spence -Jones: Right. Vice Chair Sarnoff I'm going to talk to Terry Miller. Commissioner Spence -Jones: Okay, so the district Commissioner will prefer to have the conversation with you, Terry, so let's grant him that and then hopefully that opens the door for Fox to also have the conversation but -- Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Spence -Jones: -- let's be respectful on all ends. We have to respect the residents of his district, you know. This is what they've been working on is to have a park there. He's been pushing very hard -- I'm sounding pretty good for you, huh? Vice Chair Sarnoff You are. Commissioner Spence -Jones: He's been pushing hard for -- Vice Chair Sarnoff I may hire you. Commissioner Spence -Jones: -- the film -- No, don't hire me, please. Commissioner Gort: She doesn't want to be in your pocket. City of Miami Page 292 Printed on 8/29/2012 City Commission Meeting Minutes July 26, 2012 ADJOURNMENT Commissioner Spence -Jones: I don't want to be in nobody's pocket. But anyway, my point is, I think that there is a resolution. I really feel like there is a resolution and I think he really wants to work through it. But we just -- we got to find a common ground and I think this thing spiraled out of control. So we have a very long Commission meeting today, so I think with that being said I'm sure the district Commissioner will get with you, Terry, and anything we can do from the CRA side, I'm sure that we're in support of that as board members. Commissioner Gort: We're working on it. Commissioner Spence -Jones: And Commissioner Gort, I guess, is going to continue his talks with Vinnie and the crew and CAMACOL to figure out what we need to do to support the show being here, okay? Chair Suarez: Thank you. Commissioner Spence -Jones: With that, thank you -- Chair Suarez: Thank you all. Commissioner Spence -Jones: -- so much for coming out. Unidentified Speaker: Without being rude, may we leave now? Commissioner Spence -Jones: Yeah. They can -- Chair Suarez: Thank you. Commissioner Spence -Jones: God bless. Commissioner Gort: Can we take five? Chair Suarez: Yeah. We're going to recess for eight minutes. We'll start up again at 3:30. Can we, eight minutes? Commissioner Spence -Jones: Eight minutes. You need -- Commissioner Gort: (UNINTELLIGIBLE). Chair Suarez: He wants -- Commissioner Spence -Jones: We got some short meetings, right -- I mean, short -- Can we get some of these things out real fast? Chair Suarez: I'm okay. I can keep going. Let's recess for eight minutes, until 3:30. The meeting adjourned at 9:13 p.m. City of Miami Page 293 Printed on 8/29/2012